[Congressional Record Volume 145, Number 77 (Wednesday, May 26, 1999)]
[Senate]
[Pages S6078-S6080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                 ______
                                 

                      HATCH AMENDMENT NOS. 408-409

  (Ordered to lie on the table.)
  Mr. HATCH submitted two amendments intended to be proposed by him to 
the bill, S. 1059, supra; as follows:

                           Amendment No. 408

       At the appropriate place, insert the following new section:

     SEC.   .AUTHORITY FOR PUBLIC BENEFIT TRANSFER TO CERTAIN TAX-
                   SUPPORTED EDUCATIONAL INSTITUTIONS OF SURPLUS 
                   PROPERTY UNDER THE BASE CLOSURE LAWS.

       (a) In General.--(1) Notwithstanding any provision of the 
     applicable base closure law or any provision of the 
     applicable base closure law or any provision of the Federal 
     Property and Administrative Services Act of 1949, the 
     Administrator of General Services may transfer to 
     institutions described in subsection (b) the facilities 
     described in subsection (c). Any such transfer shall be 
     without consideration to the United States.
       (2) transfer under paragraph (1) may include real property 
     associated with the facility concerned.
       (3) An institution seeking a transfer under paragraph (1) 
     shall submit to the Administrator an application for the 
     transfer. The application shall include such information as 
     the Administrator shall specify.
       (b) Covered Institutions.--An institution eligible for the 
     transfer of a facility under subsection (a) is any tax-
     supported educational institution that agrees to use the 
     facility for--
       (1) student instruction;
       (2) the provision of services to individuals with 
     disabilities;
       (3) the health and welfare of students;
       (4) the storage of instructional materials or other 
     materials directly related to the administration of student 
     instruction; or
       (5) other educational purposes.
       (c) Available Facilities.--A facility available for 
     transfer under subsection (a) is any facility that--
       (1) is located at a military installation approved for 
     closure or realignment under a base closure law;
       (2) has been determined to be surplus property under that 
     base closure law; and
       (3) is available for disposal as of the date of the 
     enactment of this Act.
       (d) Definitions.--In this section:
       (1) The term ``base closure laws'' means the following:
       (A) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note.)
       (B) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).
       (2) The term ``tax-supported educational institution'' 
     means any tax-supported educational institution covered by 
     section 203(k)(1)(A) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 484(k)(1)(A)).
                                  ____


                           Amendment No. 409

       On page 54, after line 24, insert the following:

                       Subtitle E--Other Matters

     SEC. 251. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.

       (a) Requirement.--The Secretary of the Air Force shall 
     submit to Congress, not later than January 31, 2000, a report 
     on the Air Force Distributed Mission Training program.
       (b) Content of Report.--The report shall include a 
     discussion of the following:
       (1) The progress that the Air Force has made to demonstrate 
     and prove the Air Force Distributed Mission Training concept 
     of linking geographically separated, high-fidelity simulators 
     to provide a mission rehearsal capability for Air Force 
     units, and any units of any of the other Armed Forces as may 
     be necessary, to train together from their home stations.
       (2) The actions that have been taken or are planned to be 
     taken within the Department of the Air Force to ensure that--
       (A) an independent study of all requirements, technologies, 
     and acquisition strategies essential to the formulation of a 
     sound Distributed Mission Training program is under way; and
       (B) all Air Force laboratories and other Air Force 
     facilities necessary to the research, development, testing, 
     and evaluation of the Distributed Mission Training program 
     have been assessed regarding the availability of the 
     necessary resources to demonstrate and prove the Air Force 
     Distributed Mission Training concept.
                                 ______
                                 

                        SMITH AMENDMENT NO. 410

  (Ordered to lie on the table.)
  Mr. SMITH of Oregon submitted an amendment intended to be proposed by 
him to the bill, S. 1059, supra; as follows:

       On page 404, below line 22, add the following:
            TITLE XIII--CHEMICAL DEMILITARIZATION ACTIVITIES

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Community-Army Cooperation 
     Act of 1999''.

     SEC. 1302. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Between 1945 and 1989, the national security interests 
     of the United States required the construction, and later, 
     the deployment and storage of weapons of mass destruction 
     throughout the geographical United States.
       (2) The United States is a party to international 
     commitments and treaties which require the decommissioning or 
     destruction of certain of these weapons.
       (3) The United States has ratified the Chemical Weapons 
     Convention which requires the destruction of the United 
     States chemical weapons stockpile by April 29, 2007.
       (4) Section 1412 of the Department of Defense Authorization 
     Act, 1986 (50 U.S.C. 1521) provides that the Department of 
     the Army shall be the executive agent for the destruction of 
     the chemical weapons stockpile.
       (5) In 1988, the Department of the Army determined that on-
     site incineration of chemical weapons at the eight chemical 
     weapons storage locations in the continental United States 
     would provide the safest and most efficient means for the 
     destruction of the chemical weapons stockpile.
       (6) The communities in the vicinity of such locations have 
     expressed concern over the safety of the process to be used 
     for the incineration of the chemical weapons stockpile.
       (7) Sections 174 and 175 of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484) 
     and section 8065 of the Department of Defense Appropriations 
     Act, 1997 (Public Law 104-208) require that the Department of 
     the Army explore methods other than incineration for the 
     destruction of the chemical weapons stockpile.
       (8) Compliance with the 2007 deadline for the destruction 
     of the United States chemical weapons stockpile in accordance 
     with the Chemical Weapons Convention will require an 
     accelerated decommissioning and transporting of United States 
     chemical weapons.
       (9) The decommissioning or transporting of such weapons has 
     caused, or will cause, environmental, economic, and social 
     disruptions.
       (10) It is appropriate for the United States to mitigate 
     such disruptions.
       (b) Purpose.--It is the purpose of this title to provide 
     for the mitigation of the environmental, economic, and social 
     disruptions to communities and Indian tribes resulting from 
     the onsite decommissioning of chemical agents and munitions, 
     and related materials, at chemical demilitarization 
     facilities in the United States.

     SEC. 1303. SENSE OF CONGRESS.

       It is the sense of Congress that the Secretary of Defense 
     and the Secretary of the Army should streamline the 
     administrative structure of the Department of Defense and the 
     Department of the Army, respectively, in order that the 
     officials within such departments with immediate 
     responsibility for the demilitarization of chemical agents 
     and munitions, and related materials, have authority--
       (1) to meet the April 29, 2007, deadline for the 
     destruction of United States chemical weapon stockpile as 
     required by the Chemical Weapons Convention; and
       (2) to employ sound management principles, including the 
     negotiation and implementation of contract incentives, to--
       (A) accelerate the decommissioning of chemical agents and 
     munitions, and related materials; and
       (B) enforce budget discipline on the chemical 
     demilitarization program of the United States while 
     mitigating the disruption to communities and Indian tribes 
     resulting from the onsite decommissioning of the chemical 
     weapons stockpile at chemical demilitarization facilities in 
     the United States.

     SEC. 1304. DECOMMISSIONING OF UNITED STATES CHEMICAL WEAPONS 
                   STOCKPILE.

       (a) In General.--As executive agent for the chemical 
     demilitarization program of the United States, the Department 
     of the Army shall facilitate, expedite, and accelerate the 
     decommissioning of the United States chemical weapons 
     stockpile so as to complete the decommissioning of that 
     stockpile by April 29, 2007, as required by the Chemical 
     Weapons Convention.

     SEC. 1305. ECONOMIC ASSISTANCE PAYMENTS.

       (a) In General.--Upon the direction of the Secretary of the 
     Army, the Comptroller of the Army shall make economic 
     assistance payments to communities and Indian tribes directly 
     affected by the decommissioning of chemical agents and 
     munitions, and related materials, at chemical 
     demilitarization facilities in the United States.
       (b) Source of Payments.--Amounts for payments under this 
     section shall be derived from appropriations available to the 
     Department of the Army for chemical demilitarization 
     activities.
       (c) Total Amount of Payments.--(1) Subject to paragraph 
     (2), the aggregate amount of payments under this section with 
     respect to a chemical demilitarization facility during the 
     period beginning on the date of the enactment of this Act and 
     ending on April 29, 2007, may not be less than $50,000,000 or 
     more than $60,000,000.
       (2) Payments under this section shall cease with respect to 
     a facility upon the transfer of the facility to a State-
     chartered municipal corporation pursuant to an agreement 
     referred to in section 1412(c)(2)(B) of the Department of 
     Defense Authorization Act, 1986, as amended by section 1306 
     of this Act.
       (d) Date of Payment.--(1) Payments under this section with 
     respect to a chemical demilitarization facility shall be made 
     on

[[Page S6079]]

     March 1 and September 2 each year if the decommissioning of 
     chemical agents and munitions, and related materials, occurs 
     at the facility during the applicable payment period with 
     respect to such date.
       (2) For purposes of this section, the term ``applicable 
     payment period'' means--
       (A) in the case of a payment to be made on March 1 of a 
     year, the period beginning on July 1 and ending on December 
     31 of the preceding year; and
       (B) in the case of a payment to be made on September 2 of a 
     year, the period beginning on January 1 and ending on June 30 
     of the year.
       (e) Allocation of Payment--(1) Except as provided in 
     paragraph (2), each payment under this section with respect 
     to a chemical demilitarization facility shall be allocated 
     equally among the communities and Indian tribes that are 
     located within the positive action zone of the facility, as 
     determined by population.
       (2) The amount of an allocation under this subsection to a 
     community or Indian tribe shall be reduced by the amount of 
     any tax or fee imposed or assessed by the community or Indian 
     tribe during the applicable payment period against the value 
     of the facility concerned or with respect to the storage or 
     decommissioning of chemical agents and munitions, or related 
     materials, at the facility.
       (f) Computation of Payment.--(1) Except as provided in 
     paragraph (2), the amount of each payment under this section 
     with respect to a chemical demilitarization facility shall be 
     the amount equal to $10,000 multiplied by the number of tons 
     of chemical agents and munitions, and related materials, 
     decommissioned at the facility during the applicable payment 
     period.
       (2)(A) If at the conclusion of the decommissioning of 
     chemical agents and munitions, and related materials, at a 
     facility the aggregate amount of payments made with respect 
     to the facility is less than the minimum amount required by 
     subsection (c)(1), unless payments have ceased with respect 
     to the facility under subsection (c)(2), the amount of the 
     final payment under this section shall be the amount equal to 
     the difference between such aggregate amount and the minimum 
     amount required by subsection (c)(1).
       (B) This paragraph shall not apply with respect to a 
     facility if the decommissioning of chemical agents and 
     munitions, and related materials, continues at the facility 
     after April 29, 2007.
       (g) Interest on Untimely Payments.--(1) Any payment that is 
     made under this section for an applicable payment period 
     after the date specified for that period in subsection (d) 
     shall include, in addition to the payment amount otherwise 
     provided for under this section, interest at the rate of 1.5 
     percent per month.
       (2) Amounts for payments of interest under this paragraph 
     shall be derived from amounts available for the Department of 
     Defense, other than amounts available for chemical 
     demilitarization activities.
       (h) Use of Payments.--A community or Indian tribe receiving 
     a payment under this section may utilize amounts of the 
     payment for such purposes as the community or Indian tribe, 
     as the case may be, considers appropriate in its sole 
     discretion.

     SEC. 1306. ENVIRONMENTAL PROTECTION AND USE OF FACILITIES.

       Paragraph (2) of section 1412(c) of the Department of 
     Defense Authorization Act, 1986 (50 U.S.C. 1521(c)) is 
     amended to read as follows:
       ``(2)(A) Facilities constructed to carry out this section 
     may not be used for any other purpose than the destruction of 
     the following:
       ``(i) The United States stockpile of lethal chemical agents 
     and munitions that exist on November 8, 1985.
       ``(ii) Any items designated by the Secretary of Defense 
     after that date to be lethal chemical agents and munitions, 
     or related materials.
       ``(B) Facilities constructed to carry out this section 
     shall, when no longer needed for the purposes for which they 
     were constructed, be disposed of in accordance with 
     agreements between the office designated or established under 
     section 1304(b) of the National Defense Authorization Act for 
     Fiscal Year 2000 and the chief executive officer of the State 
     in which the facilities are located.
       ``(C) An agreement referred to in subparagraph (B) that 
     provides for the transfer of facilities from the United 
     States to a State-chartered municipal corporation shall 
     include provisions as follows:
       ``(i) That any profits generated by the corporation from 
     the use of such facilities shall be used exclusively for the 
     benefit of communities and Indian tribes located within the 
     positive action zone of such facilities, as determined by 
     population.
       ``(ii) That any profits referred to in clause (i) shall be 
     apportioned among the communities and Indian tribes concerned 
     on the basis of population, as determined by the most recent 
     decennial census.
       ``(iii) That the transfer of such facilities shall include 
     any lands extending 50 feet in all directions from such 
     facilities.
       ``(iv) That the transfer of such facilities include any 
     easements necessary for reasonable access to such facilities.
       ``(D) An agreement referred to in subparagraph (B) may not 
     take effect if executed after December 31, 2000.''.

     SEC. 1307. ACTIONS REGARDING ACTIVITIES AT CHEMICAL 
                   DEMILITARIZATION FACILITIES.

       (a) Limitation on Jurisdiction.--(1) An action seeking the 
     cessation of the construction, operation, or demolition of a 
     chemical demilitarization facility in the United States may 
     be commenced only in a district court of the United States.
       (2) No administrative office exercising quasi-judicial 
     powers, and no court of any State, may order the cessation of 
     the construction, operation, or demolition of a chemical 
     demilitarization facility in the United States.
       (b) Limitations on Standing.--(1)(A) Except as provided in 
     paragraph (2), as of a date specified in subparagraph (B), no 
     person shall have standing to bring an action against the 
     United States relating to the decomissioning of chemical 
     agents and munitions, and related materials, at a chemical 
     demilitarization facility except--
       (i) the State in which the facility is located; or
       (ii) a community or Indian tribe located within the 
     Positive Action Zone of the facility.
       (B) A date referred to in this subparagraph for a chemical 
     demilitarization facility is the earlier of--
       (i) the date on which the first payment is made with 
     respect to the facility under section 1305; or
       (ii) the date on which an agreement referred to in section 
     1412(c)(2)(B) of the Department of Defense Authorization Act, 
     1986, as amended by section 1306 of this Act, becomes 
     effective for the facility in accordance with the provisions 
     of such section 1412(c)(2)(B).
       (2) Paragraph (1) shall not apply in the case of an action 
     by a State, community, or Indian tribe to determine whether 
     the State, community, or Indian tribe, as the case may be, 
     has a legal or equitable interest in the facility concerned.
       (c) Interim Relief.--(1) During the pendency of an action 
     referred to in subsection (a), a district court of the United 
     States may issue a temporary restraining order against the 
     ongoing construction, operation, or demolition of a chemical 
     demilitarization facility if the petitioner proves by clear 
     and convincing evidence that the construction, operation, or 
     demolition of the facility, as the case may be, is will cause 
     demonstrable harm to the public, the environment, or the 
     personnel who are employed at the facility.
       (2) The Secretary of Defense or the Secretary of the Army 
     may appeal immediately any temporary restraining order issued 
     under paragraph (1) to the court of appeals of the United 
     States.
       (d) Standards To Be Employed in Actions.--In considering an 
     action under this section, including an appeal from an order 
     under subsection (c), the courts of the United States shall--
       (1) treat as an irrebuttable presumption the presumption 
     that any activities at a chemical demilitarization facility 
     that are undertaken in compliance with standards of the 
     Department of Health and Human Services, the Department of 
     Transportation, or the Environmental Protection Agency 
     relating to the safety of the public, the environment, and 
     personnel at the facility will provide maximum safety to the 
     public, environment, and such personnel; and
       (2) in the case of an action seeking the cessation of 
     construction or operation of a facility, compare the benefit 
     to be gained by granting the specific relief sought by the 
     petitioner against with the increased risk, if any, to the 
     public, environment, or personnel at the facility that would 
     result from deterioration of chemical agents and munitions, 
     or related materials, during the cessation of the 
     construction or operation.
       (e) Participation in Actions as Bar to Payments.--(1) No 
     community or Indian tribe which participates in any action 
     the result of which is to defer, delay, or otherwise impede 
     the decommissioning of chemical agents and munitions, or 
     related materials, in a chemical demilitarization facility 
     may receive any payment or portion thereof made with respect 
     to the facility under section 1305 while so participating in 
     such action.
       (f) Impleading of Contractors.--(1) The Department of the 
     Army may, in an action with respect to a chemical 
     demilitarization facility, implead a nongovernmental entity 
     having contractual responsibility for the decommissioning of 
     chemical agents and munitions, or related materials, at the 
     facility for purposes of determining the responsibility of 
     the entity for any matters raised by the action.
       (2)(A) A court of the United States may assess damages 
     against a nongovernmental entity impleaded under paragraph 
     (1) for acts of commission or omission of the entity that 
     contribute to the failure of the United States to 
     decommission chemical agents and munitions, and related 
     materials, at the facility concerned by April 29, 2007, in 
     accordance with the Chemical Weapons Convention.
       (B) The damages assessed under subparagraph (A) may include 
     the imposition of liability on an entity for any payments 
     that would otherwise be required of the United States under 
     section 1305 with respect to the facility concerned.

     SEC. 1308. DEFINITIONS.

       In this title:
       (1) Chemical agent and munition.--The term ``chemical agent 
     and munition'' has the meaning given that term in section 
     1412(j)(1) of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521(j)(1)).
       (2) Chemical weapons convention.--The term ``Chemical 
     Weapons Convention''

[[Page S6080]]

     means the Convention on the Prohibition of the Development, 
     Production, Stockpiling, and Use of Chemical Weapons and on 
     Their Destruction, opened for signature on January 13, 1993.
       (3) Community.--The term ``community'' means a country, 
     parish, or other unit of local government.
       (4) Decommission.--The term ``decommission'', with respect 
     to a chemical agent and munition, or related material, means 
     the destruction, dismantlement, demilitarization, or other 
     physical act done to the chemical agent and munition, or 
     related material, in compliance with the Chemical Weapons 
     Convention or the provisions of section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521).
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).

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