I
105TH CONGRESS
2D SESSION
H. R. 3404
To require additional public education, outreach, and participation with re-
spect 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 partici-
pation 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 Representa-
tives 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 DE-
FENSE.
(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 be-
fore 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 infor-
mation provided shall include the master implemen-
tation plan developed by the Secretary under section
2.
(2) OUTREACH OFFICE.—The Secretary of De-
fense shall establish an outreach office near the dis-
posal 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 dis-
posal project at various locations and events in com-
munities near the disposal site.
(4) INFORMATION
REPOSITORIES.—The Sec-
retary of Defense shall establish repositories of in-
formation about the disposal project near the dis-
posal site.
(5) CITIZENS’ ADVISORY
COMMISSION.—The
Secretary of Defense shall establish a Citizens’ Advi-
sory 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 ade-
quacy of the training and response capabilities of en-
tities, 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 dis-
posal 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 Occupa-
tional Safety and Health Administration a certifi-
cation that the disposal site is safe for workers re-
sponsible for the disposal project and that the work-
ers 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 environ-
mental impact statement for any project for the dis-
posal 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 cit-
izen 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 ship-
ment 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 alter-
native technologies for the disposal, in coordination
with State and local governments and citizen groups.
(2) TEST.—The Secretary of Defense shall con-
duct a test of alternative technologies for the dis-
posal, 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 PERFORM-
ANCE.—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 implementa-
tion 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, gas-
oline, 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, neu-
tralization, burning, or permanent storage.