[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Page S8096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4568. Mr. BENNET (for himself and Mr. Hickenlooper) 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 title XXVII, add the following:

     SEC. 2703. CONDITIONS ON CLOSURE OF PUEBLO CHEMICAL DEPOT AND 
                   CHEMICAL AGENT-DESTRUCTION PILOT PLANT, 
                   COLORADO.

       (a) Submission of Final Closure and Disposal Plans.--
       (1) Plans required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of the Army shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives--
       (A) a plan for the closure of the portion of Pueblo 
     Chemical Depot, Colorado, not previously declared surplus to 
     the Department of the Army upon the completion of the 
     chemical demilitarization mission of the Chemical Agent-
     Destruction Pilot Plant at Pueblo Chemical Depot; and
       (B) a plan for the disposal of all remaining land, 
     buildings, facilities, and equipment at Pueblo Chemical Depot 
     not previously declared surplus to the Department of the 
     Army.
       (2) Local redevelopment authority role.--In preparing the 
     disposal plan required by paragraph (1)(B), the Secretary of 
     the Army shall take into account the future role of the Local 
     Redevelopment Authority.
       (b) Local Redevelopment Authority Eligibility for 
     Assistance.--The Secretary of Defense, acting through the 
     Office of Local Defense Community Cooperation, may make 
     grants, conclude cooperative agreements, and supplement other 
     Federal funds to assist the Local Redevelopment Authority in 
     planning community adjustments and economic diversification 
     required by the closure of Pueblo Chemical Depot and the 
     Chemical Agent-Destruction Pilot Plant if the Secretary 
     determines that the closure is likely to have a direct and 
     significantly adverse consequence on nearby communities.
       (c) General Closure, Realignment, and Disposal 
     Prohibition.--
       (1) Prohibition; certain recipient excepted.--During the 
     period specified in paragraph (2), the Secretary of the Army 
     shall take no action--
       (A) to close or realign the portion of Pueblo Chemical 
     Depot not previously declared surplus to the Department of 
     the Army, which contains the Chemical Agent-Destruction Pilot 
     Plant; or
       (B) to dispose of any land, building, facility, or 
     equipment that is surplus to the Department of the Army and 
     that comprises any portion of the Chemical Agent-Destruction 
     Pilot Plant other than to the Local Redevelopment Authority.
       (2) Duration.--The prohibition under paragraph (1) shall 
     apply until a final closure and disposal decision is made the 
     Secretary of the Army for the portion of the Pueblo Chemical 
     Depot not previously declared surplus to the Department of 
     the Army, following submission of the closure and disposal 
     plans required by subsection (a).
       (d) Prohibition on Demolition or Disposal Related to 
     Chemical Agent-Destruction Pilot Plant.--
       (1) Prohibition; certain recipient excepted.--During the 
     period specified in paragraph (4), the Secretary of the Army 
     may not--
       (A) demolish any building, facility, or equipment described 
     in paragraph (2) that comprises any portion of the Chemical 
     Agent-Destruction Pilot Plant; or
       (B) dispose of any such building, facility, or equipment 
     that is surplus to the Department of the Army other than to 
     the Local Redevelopment Authority.
       (2) Covered buildings, facilities, and equipment.--The 
     prohibition under paragraph (1) shall apply to the following:
       (A) Any building, facility, or equipment that is surplus to 
     the Department of the Army and that is located outside of a 
     Hazardous Waste Management Unit, where chemical munitions 
     were present, but where contamination did not occur, that is 
     considered by the Secretary of the Army as clean, safe, and 
     acceptable for reuse by the public after a risk assessment by 
     the Secretary.
       (B) Any building, facility, or equipment that is surplus to 
     the Department of the Army and that is located outside of a 
     Hazardous Waste Management Unit, that was not contaminated by 
     chemical munitions and that was without the potential to be 
     contaminated, such as office buildings, parts warehouses, or 
     utility infrastructure, that is considered by the Secretary 
     of the Army as suitable for reuse by the public.
       (3) Exception.--The prohibition under paragraph (1) shall 
     not apply to any building, facility, or equipment otherwise 
     described in paragraph (2) for which the Local Redevelopment 
     Authority provides to the Secretary of the Army a written 
     determination specifying that the building, facility, or 
     equipment is not needed for community adjustment and economic 
     diversification following the closure of the Chemical Agent-
     Destruction Pilot Plant.
       (4) Duration.--The prohibition under paragraph (1) shall 
     apply until Hazardous Waste Permit Number CO-20-09-02-01 is 
     modified or replaced with a new permit under the Solid Waste 
     Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the 
     ``Resource Conservation and Recovery Act of 1976'') issued by 
     the State of Colorado, after the public notice and comment 
     process has been concluded.
       (e) Local Redevelopment Authority Defined.--In this 
     section, the term ``Local Redevelopment Authority'' means the 
     Local Redevelopment Authority for Pueblo Chemical Depot, as 
     recognized by the Office of Local Defense Community 
     Cooperation of the Department of Defense.
                                 ______