[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3404 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3404

  To require additional public education, outreach, and participation 
  with respect to the disposal of napalm and certain other materials 
    owned or controlled by the Department of Defense, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1998

Mr. Visclosky introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL


 
  To require additional public education, outreach, and participation 
  with respect to the disposal of napalm and certain other materials 
    owned or controlled by the Department of Defense, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENTS RELATING TO DISPOSAL OF NAPALM AND OTHER 
              MATERIALS OWNED OR CONTROLLED BY THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--The Secretary of Defense shall carry out the 
requirements set forth in this section before disposing of napalm or 
other materials covered by this Act.
    (b) Public Education and Outreach.--
            (1) In general.--Not later than 120 days before a project 
        for the disposal of napalm or other materials covered by this 
        Act begins, the Secretary of Defense shall inform the public 
        about the disposal project in communities near the disposal 
        site and along the disposal shipment route, through public 
        outreach that includes briefings to elected officials, public 
        safety agencies, and citizen groups. The information provided 
        shall include the master implementation plan developed by the 
        Secretary under section 2.
            (2) Outreach office.--The Secretary of Defense shall 
        establish an outreach office near the disposal site staffed by 
        personnel of the Department of Defense.
            (3) Mobile outreach unit.--The Secretary of Defense shall 
        provide for a mobile outreach unit to provide information to 
        the public about the disposal project at various locations and 
        events in communities near the disposal site.
            (4) Information repositories.--The Secretary of Defense 
        shall establish repositories of information about the disposal 
        project near the disposal site.
            (5) Citizens' advisory commission.--The Secretary of 
        Defense shall establish a Citizens' Advisory Commission 
        composed of local elected officials, officials from State and 
        local public safety agencies, citizen groups, and personnel of 
        the Department of Defense for the purpose of studying and 
        commenting on issues of concern to citizens about the disposal 
        project.
    (c) Protection of the Public and Workers.--
            (1) Certification of emergency response entities.--Before 
        carrying out a project for the disposal of napalm or other 
        materials covered by this Act, the Secretary of Defense shall 
        certify the adequacy of the training and response capabilities 
        of entities, such as police departments, fire departments, and 
        State hazardous materials teams, that are likely to respond 
        first to emergencies near the disposal site and along the 
        disposal shipment route.
            (2) Certification of public health and welfare.--The 
        Secretary of Defense shall obtain from the Secretary of Health 
        and Human Services a certification that the health and the 
        welfare of the public and of workers are protected near the 
        disposal site and along the disposal shipment route. The 
        Secretary of Health and Human Services may make such 
        certification only after receiving advice from, and the 
        concurrence of, appropriate State and local health and public 
        safety agencies.
            (3) Certification of worker safety.--The Secretary of 
        Defense shall obtain from the Occupational Safety and Health 
        Administration a certification that the disposal site is safe 
        for workers responsible for the disposal project and that the 
        workers are properly trained to carry out the disposal project.
    (d) Protection of the Environment.--
            (1) Environmental impact statement.--The Secretary of 
        Defense shall complete an environmental impact statement for 
        any project for the disposal of napalm or other materials 
        covered by this Act. Before completing the statement, the 
        Secretary shall solicit comments relating to the scope of the 
        statement from State and local governments and citizen groups.
            (2) Monitoring of air, soil, and water.--The Secretary of 
        Defense shall provide funds for the Secretary of Health and 
        Human Services to monitor, collect, and review samples of air, 
        soil, and water near the disposal site and along the disposal 
shipment route to ensure the protection of human health and the 
environment during the disposal project.
    (e) Alternative Technologies.--
            (1) Study.--Before carrying out a project for the disposal 
        of napalm or other materials covered by this Act, the Secretary 
        of Defense shall study alternative technologies for the 
        disposal, in coordination with State and local governments and 
        citizen groups.
            (2) Test.--The Secretary of Defense shall conduct a test of 
        alternative technologies for the disposal, to the extent 
        possible.
    (f) National Academy of Sciences.--
            (1) Advice.--The Secretary of Defense shall request the 
        National Academy of Sciences to provide scientific and 
        technical advice regarding disposal of napalm and other 
        materials covered by this Act.
            (2) Investigation of safety and performance.--The Secretary 
        of Defense shall request and provide funds for the National 
        Academy of Sciences to investigate the safety and performance 
        of any project for such disposal.

SEC. 2. MASTER IMPLEMENTATION PLAN.

    (a) Requirement.--For any project for the disposal of napalm and 
other materials covered by this Act, the Secretary of Defense shall 
develop a master implementation plan.
    (b) Matters Included.--The plan shall include schedules for the 
disposal project and information on the manner in which the Secretary 
plans to achieve each of the requirements set forth in section 1.
    (c) Updates.--The Secretary shall update the plan each week with 
information about the progress being made in achieving the requirements 
set forth in section 1.
    (d) Availability.--The plan shall be available to the public in the 
information repositories referred to in section 1(b)(4).

SEC. 3. MATERIALS COVERED.

    This Act applies to the following materials, if they are owned or 
controlled by the Department of Defense:
            (1) Napalm.
            (2) Any material that includes polystyrene, gasoline, and 
        benzene.
            (3) Ammunition larger than ammunition of a caliber for 
        small arms.
            (4) Explosives.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``disposal'' means recycling, neutralization, 
        burning, or permanent storage.
            (2) The term ``near'', with respect to a disposal site, 
        means within 10 miles of the site.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this 
Act.
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