Page:United States Statutes at Large Volume 108 Part 4.djvu/55

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PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2689 (1) in the matter preceding paragraph (1), by striking out "nondefense-related commercial"; (2) by striking out "and" at the end of paragraph (3); (3) by striking out the period at the end of paragraph (4) and inserting in heu thereof a semicolon; and (4) by adding at the end the following new paragraphs: "(5) the Secretary of the Army determines that the articles or services are not available from a commercial source located in the United States; "(6) the purchaser of an article or service agrees to hold harmless and indemnify the United States, except in a case of willful misconduct or gross negligence, from any claim for damages or injury to any person or property arising out of the article or service; "(7) the article to be sold can be manufactured, or the service to be sold can be substemtially performed, by the industrial facility with only incidental subcontracting; "(8) it is in the public interest to manufacture such article or perform such service; and "(9) the sale will not interfere with performance of the military mission of the industrial facility.". SEC. 142. IDENTIFICATION IN BUDGET OF FUNDS FOR CHEMICAL DEMILITARIZATION MILITARY CONSTRUCTION PROJECTS. Section 1412(f) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(f)), is amended— (1) by inserting ", including funds for military construction projects necessary to carry out this section," after "carrying out this section"; and (2) by striking out the last sentence. SEC. 143. TRANSPORTATION OF CHEMICAL MUNITIONS. 50 USC 1512a. (a) PROHIBITION OF TRANSPORTATION ACROSS STATE LINES. — The Secretary of Defense may not transport any chemical munition that constitutes part of the chemical weapons stockpile out of the State in which that munition is located on the date of the enactment of this Act and, in the case of any such chemical munition not located in a State on the date of the enactment of this Act, may not transport any such munition into a State. (b) TRANSPORTATION OF CHEMICAL MUNITIONS NOT IN CHEMI- CAL WEAPONS STOCKPILE. —In the case of any chemical mimitions that are discovered or otherwise come within the control of the Department of Defense and that do not constitute part of the chemical weapons stockpile, the Secretary of Defense may transport such munitions to the nearest chemical munitions stockpile storage facility that has necessary permits for receiving and storing such items if the transportation of such munitions to that facility— (1) is considered by the Secretary of Defense to be necessary; and (2) can be accomplished while protecting public health and safety.