Chronology and Context of Directives and Instructions

Numerous instructions and directives have been issued in the course of addressing the problem of elimination of non-stockpile chemical items. This has caused the diffuse assignment of missions and mission accountability throughout the Army. It is instructive to review the chronology of these numerous instructions as they relate to the elimination of non-stockpile chemical materiel.

In 1984, Congress established the Defense Environmental Restoration Program (DERP).2 It and the Superfund Reau-thorization Act of 19863 required the Secretary of Defense to implement the DERP. The Secretary of Defense designated DUSD(I&E) as the DOD planning, policy, and oversight agency. DERP was silent on chemical munitions. DERP activities, in general, were somewhat uneven until base realignment and closure (BRAC) activities began in the late 1980s and cleanup of formerly used defense sites (FUDS) became a crucial component. As DERP efforts intensified, the Army designated DASA(ESOH) as the lead staff agency.

In November 1985, with passage of Public Law 99-145, Congress required that the U.S. stockpile of lethal chemical agents and unitary chemical munitions be destroyed. DOD designated the Army as executive agent (EA).

The Army published its Regulation AR 200-1 (U.S. Army, 2007a) on April 23, 1990. This prescribed the roles and responsibilities for DERP in great detail. However, it did not include procedures for non-stockpile or stockpile chemical weapons and materiel. It referred to AR 50-6, “Chemical Surety” (U.S. Army, 2008a); AR 385-10, “The Army Safety Program” (U.S. Army, 2007c); and DA Pamphlet 50-6 “Chemical Accident or Incident Response and Assistance (CAIRA) Operations” (U.S. Army, 2003a), the regulations that specify the requirements, policies, and procedures for chemical warfare agents.

On October 9, 1990, the House Defense Appropriations Committee in its House Report 101-822 expressed its belief that the fragmentation of responsibility within the Executive Branch for the destruction of chemical weapons and by-products “may cause duplication of effort, inefficiency, undue costs, and compromises to safety and the environment.” The committee directed the Secretary of Defense to organize an overall program “so that operational responsibility for all Defense Department chemical warfare destruction activities rests within a single office which shall be fully accountable for total program execution.”4 On March 13, 1991, the Deputy Secretary of Defense issued a directive that designated the Secretary of the Army as the EA for chemical demilitarization activities for DOD, including “demilitarization of non-stockpile chemical warfare munitions, agents, and by-products.”

In 1992, The National Defense Authorization Act (NDAA), 1993 (P.L.102-484),5 required the Secretary of the Army to submit a report to Congress on the Army’s plans for destroying all chemical warfare material of the United States not covered by Section 1412 of the NDAA 1986 (50 U.S.C. 1521) but that would be required to be destroyed if the United States became a party to the CWC.

In November 1992 the United Nations General Assembly approved the CWC, which would prohibit the production and use of chemical weapons and establish conditions for the destruction of all stockpiled chemical agents and weapons, former chemical weapons production facilities, and miscellaneous chemical warfare materiel. The CWC (to which the United States became a signatory) entered into force in April 1997.

In compliance with P.L. 102-484, the Army created the Non-Stockpile Chemical Materiel Project (NSCMP) to develop systems to safely assess, treat, and destroy chemical warfare materiel that was not part of the declared stockpile. It also established the Chemical Material Destruction Agency to consolidate responsibility for destruction of chemical materials into a single office and delegated the EA responsibility to the ASA(ILE), which exercised this responsibility for elimination of stockpile and non-stockpile chemical weapons and chemical weapons materiel until 1995.

In December 1994, USD(A&T)6 redesignated the entire chemical demilitarization program as an Acquisition Category I (ACAT I) program that would report to the Army Acquisition Executive, who was also the Assistant Secretary of the Army for Research, Development and Acquisition [ASA(RDA)]. ACAT I programs, by law and DOD directive, required progress milestone reviews by the Defense Acquisition Board (DAB), chaired by the USD(A&T).

An experienced Chemical Corps general officer was selected as program manager for chemical demilitarization (PMCD). This gave the chemical demilitarization efforts the same status as the program executive offices for other major Army programs. The PMCD was directly responsible for management of the stockpile program; in addition, within the chemical demilitarization program office, a product7 manager for non-stockpile was established, reporting to the PMCD. Technology and systems engineering expertise was provided to the PMCD by the Chemical Materials Agency (CMA) within the Army Materiel Command (AMC).

On February 21, 1997, AR 200-1 was updated in its entirety, ostensibly because the intensity of BRAC activi-

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2Title 10 U.S. Code 2701 and 2810. DERP was established by Section 211 of the Superfund Amendments and Reauthorization Act (SARA) of 1986.

3Available at http://epw.senate.gov/sara.pdf. Accessed April 10, 2012.

4House Report 101-822, Report of the Committee on Appropriations to accompany H.R. 5803, Department of Defense Appropriations Bill, 1991, Title VI, p. 239, U.S. House of Representatives, October 9, 1990.

5H.R.5006. National Defense Authorization Act for Fiscal Year 1993, Public Law 102-484, Section 161, paragraph (d), Destruction of Non-stockpile Chemical Material, U.S. House of Representatives, October 23, 1992.

6USD(A&T) was subsequently renamed the Under Secretary of Defense for Acquisition, Technology and Logistics [USD(AT&L)].

7The name of this position was subsequently changed to “project” manager.



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