I 

108TH CONGRESS 

1ST SESSION H. R. 638

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

environmental emergencies. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

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 2003’’. 

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 TO RESPOND TO ENVIRONMENTAL EMER14 GENCIES.—Section 402 of title 10, United States Code, 

15 is amended—

16 (1) by redesignating subsection (d) as sub17 section (e); and 

18 (2) by inserting after subsection (c) the fol19 lowing new subsection (d): 

20 ‘‘(d) RESPONSE TO ENVIRONMENTAL EMER21 GENCIES.—The authority of the Secretary of Defense to 

22 transport humanitarian relief supplies under this section 

23 includes the authority to transport supplies intended for 

24 use to respond to, or mitigate the effects of, an event or 
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1 condition, such as an oil spill, that threatens serious harm 

2 to the environment.’’. 

3 (b) CONDITIONS ON PROVISION OF TRANSPOR4 TATION.—Subsection (b) of such section is amended—

5 (1) in paragraph (1)(C), by inserting ‘‘or enti6 ty’’ after ‘‘people’’; 

7 (2) in paragraph (1)(E), by inserting ‘‘or use’’ 

8 after ‘‘distribution’’; and 

9 (3) in paragraph (3), by striking ‘‘donor to en10 sure that supplies to be transported under this sec11 tion’’ and inserting ‘‘entity requesting the transport 

12 of supplies under this section to ensure that the sup13 plies’’. 

14 (c) PROVISION OF DISASTER ASSISTANCE.—Section 

15 404 of such title is amended—

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

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

18 (2) in subsection (c)(2), by inserting ‘‘or the en19 vironment’’ after ‘‘human lives’’. 

20 (d) PROVISION OF HUMANITARIAN ASSISTANCE.—

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

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

23 and 

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

25 paragraph 
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1 ‘‘(2) The authority of the Department of Defense to 

2 provide humanitarian assistance under this section in3 cludes the authority to transport supplies or provide as4 sistance intended for use to respond to, or mitigate the 

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

6 threatens serious harm to the environment.’’.

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