Defense Environment Alert

an exclusive biweekly report on defense policies for cleanup, compliance and pollution prevention

Vol. 16, No. 3

February 5, 2008

GATES' BUDGET SIGNALS SUPPORT FOR FASTER CHEM DEMIL SCHEDULE

Defense Secretary Robert M. Gates is signaling his support - via a boost in the fiscal year 2009 budget request - for a recently passed congressional mandate that the United States destroy all its stockpiled chemical weapons by 2017, which will require DOD to accelerate its current timeline by six years.

Gates' commitment is reflected in a Jan. 11 letter to Senate Minority Leader Mitch McConnell (R-KY), a long-time critic of the military's management of the chemical weapons stockpile and destruction campaign. McConnell has often sought to boost funding for the program.

Gates tells McConnell the Pentagon is currently assessing options for completing destruction of the nation's stockpiled chemical weapons no later than 2017, as is now mandated in both FY08 defense appropriations and authorization laws, and that he is boosting the funding request for FY09. The action signals administration backing to speed up existing destruction timelines by several years. McConnell and environmentalists are applauding the budget commitment, saying it acknowledges DOD must complete destruction by the 2017 mandate. Relevant documents are available on InsideEPA.com. See page 2 for details.

The action affects DOD's Assembled Chemical Weapons Alternatives (ACWA) program, which over the pastseveral years saw a budget that drastically dipped and then rebounded somewhat, as its prioritization fluctuated. McConnell has long sought full funding for the ACWA program, which oversees destruction of stockpiles at facilities in Kentucky and Colorado. Several years ago Congress directed DOD to establish and oversee the ACWA program, signaling frustration with the Army's preference for incineration to destroy the United States' stockpiles of chemical agents. Under ACWA, DOD plans to neutralize chemical agents in Lexington, KY, and Pueblo, CO, followed by secondary treatment. The Colorado and Kentucky sites, however, were not scheduled to complete destruction until 2020 and 2023, well past the 2012 deadline set by an international treaty. In 2006, then-Defense Secretary Donald Rumsfeld told Congress the United States would not meet the 2012 deadline set down by the Chemical Weapons Convention, of which the United States is a party. Less than a year later, the Pentagon announced it would limit budgets for ACWA and stretch out the timeline, costing more in the long-run.

In a Dec. 5 letter from McConnell to Gates, the top-ranking Republican sought to ensure compliance with the new legal measure that requires DOD to complete destruction by 2017 at all stockpile sites. "The intent behind this provision was not only to place DOD under a binding legal obligation through 2017 to dispose of these weapons, but also to ensure that DOD would consequently be forced to request sufficient funds in future years to comply with the deadline," he wrote.

Gates says in his response he is ready to boost the FY09 funding further than the $351 million planned for fiscal year 2009. "Based on our conversation, however, I am prepared to recommend that the FY 2009 President's Budget reflect an addition that brings the budget amount for the ACWA program to around $400 million," Gates says.

Upcoming assessments will help determine whether additional resources will be necessary to meet the new congressional mandate, Gates says.

"In order to comply with the Congressional destruction mandate, the Department is conducting assessments to determine available options and alternatives for destroying the remaining chemical weapons stockpile by 2012, but not later than 2017," he says in the letter. "After completing these assessments, the Department will report to Congress on the results, to include an estimate of any additional resources that may be required to comply with this mandate."

A long-time citizen activist for the chemical demilitarization says Gates' action signals the Pentagon understands the importance of eliminating the stockpile overseen by ACWA. "In 2005, having been put on 'caretaker status' by the Pentagon, the AC WA program was funded at a mere $33 million," Chemical Weapons Working Group Director Craig Williams says in a written comment. "Each year since, due to the efforts of many individuals and lawmakers, we have seen an increase in the funding needed to eliminate the risks associated with these lethal weapons. It appears the Pentagon finally 'gets it."

"Equally important is the recognition by the Secretary of the newly enacted 2017 deadline. This should set the stage for subsequent budget requests to match the required schedule rather than allowing annual fiscal considerations to push the schedule out well beyond any reasonable date," Williams says.

"The schedule and timeline for [the] weapons disposal program shouldn't be driven by cost cuts, rather by safety factors," he said in a Feb. 4 statement.