[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4039. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

     SEC. 318. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL 
                   RESTORATION PROGRAM FOR STATE-OWNED FACILITIES 
                   OF THE NATIONAL GUARD WITH PROVEN EXPOSURE OF 
                   HAZARDOUS SUBSTANCES AND WASTE.

       (a) Definition of State-owned National Guard Facility.--
     Section 2700 of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(4) The term `State-owned National Guard facility' means 
     land owned and operated by a State when such land is used for 
     training the National Guard pursuant to chapter 5 of title 32 
     with funds provided by the Secretary of Defense or the 
     Secretary of a military department, even though such land is 
     not under the jurisdiction of the Department of Defense.''.
       (b) Authority for Defense Environmental Restoration 
     Program.--Section 2701(a)(1) of such title is amended, in the 
     first sentence, by inserting ``and at State-owned National 
     Guard facilities'' before the period.
       (c) Responsibility for Response Actions.--Section 
     2701(c)(1) of such title is amended by adding at the end the 
     following new subparagraph:
       
       ``(D) Each State-owned National Guard facility being used 
     for training the National Guard pursuant to chapter 5 of 
     title 32 with funds provided by the Secretary of Defense or 
     the Secretary of a military department at the time of actions 
     leading to contamination by hazardous substances or 
     pollutants or contaminants.''.
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