I

107TH CONGRESS

1ST SESSION H. R. 1976

To clarify the authority of the Secretary of Defense to respond to

environmental emergencies.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 2001

Mr. UDALL of Colorado (for himself and Mr. HEFLEY) introduced the

following bill; which was referred to the Committee on Armed Services

A BILL

To clarify the authority of the Secretary of Defense to

respond to environmental emergencies.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Environ5 mental Defense Act of 2001’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) Environmental emergencies, such as oil

9 spills, wherever they occur, can affect the national

10 interests of the United States.
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1 (2) In appropriate circumstances, it is in the

2 national interest of the United States for the De3 partment of Defense to provide assistance to re4 spond to environmental emergencies, to an extent

5 not authorized under current law.

6 (b) PURPOSE.—It is the purpose of this Act to au7 thorize the Secretary of Defense to provide assistance to

8 respond to environmental emergencies in appropriate cir9 cumstances.

10 SEC. 3. CLARIFICATION OF DEPARTMENT OF DEFENSE RE11 SPONSE TO ENVIRONMENTAL EMERGENCIES.

12 (a) TRANSPORTATION OF HUMANITARIAN RELIEF

13 SUPPLIES.—(1) Section 402 of title 10, United States

14 Code, is amended—

15 (A) by redesignating subsection (d) as sub16 section (e); and

17 (B) by inserting after subsection (c) the fol18 lowing new subsection (d):

19 ‘‘(d) RESPONSE TO ENVIRONMENTAL EMER20 GENCIES.—The authority of the Secretary of Defense to

21 transport humanitarian relief supplies under this section

22 includes the authority to transport supplies intended for

23 use to respond to, or mitigate the effects of, an event or

24 condition, such as an oil spill, that threatens serious harm

25 to the environment.’’.
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1 (2) Subsection (b) of such section is amended—

2 (A) in paragraph (1)(C), by inserting ‘‘or enti3 ty’’ after ‘‘people’’;

4 (B) in paragraph (1)(E), by inserting ‘‘or use’’

5 after ‘‘distribution’’; and

6 (C) in paragraph (3), by striking ‘‘donor to en7 sure that supplies to be transported under this sec8 tion’’ and inserting ‘‘entity requesting the transport

9 of supplies under this section to ensure that the sup10 plies’’.

11 (b) PROVISION OF DISASTER ASSISTANCE.—Section

12 404 of such title is amended—

13 (1) in subsection (a), by inserting ‘‘or serious

14 harm to the environment’’ after ‘‘loss of lives’’; and

15 (2) in subsection (c)(2), by inserting ‘‘or the en16 vironment’’ after ‘‘human lives’’.

17 (c) PROVISION OF HUMANITARIAN ASSISTANCE.—

18 Section 2561(a) of such title is amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘To the extent’’;

20 and

21 (2) by adding at the end the following new

22 paragraph:

23 ‘‘(2) The authority of the Department of Defense to

24 provide humanitarian assistance under this section in25 cludes the authority to transport supplies or provide as-
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1 sistance intended for use to respond to, or mitigate the

2 effects of, an event or condition, such as an oil spill, that

3 threatens serious harm to the environment.’’.

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