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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘International Environ-
mental Defense Act of 2003’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) Environmental emergencies, such as oil 
spills, wherever they occur, can affect the national 
interests of the United States.
(2) In appropriate circumstances, it is in the 
national interest of the United States for the De-
partment of Defense to provide assistance to re-
spond to environmental emergencies, to an extent 
not authorized under current law. 
(b) PURPOSE.—It is the purpose of this Act to au-
thorize the Secretary of Defense to provide assistance to 
respond to environmental emergencies in appropriate cir-
cumstances. 
SEC. 3. CLARIFICATION OF DEPARTMENT OF DEFENSE RE-
SPONSE TO ENVIRONMENTAL EMERGENCIES. 
(a) TRANSPORTATION
OF HUMANITARIAN RELIEF 
SUPPLIES
TO RESPOND
TO ENVIRONMENTAL EMER-
GENCIES.—Section 402 of title 10, United States Code, 
is amended—
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) 
RESPONSE
TO
ENVIRONMENTAL
EMER-
GENCIES.—The authority of the Secretary of Defense to 
transport humanitarian relief supplies under this section 
includes the authority to transport supplies intended for 
use to respond to, or mitigate the effects of, an event or
condition, such as an oil spill, that threatens serious harm 
to the environment.’’. 
(b) CONDITIONS
ON
PROVISION
OF
TRANSPOR-
TATION.—Subsection (b) of such section is amended—
(1) in paragraph (1)(C), by inserting ‘‘or enti-
ty’’ after ‘‘people’’; 
(2) in paragraph (1)(E), by inserting ‘‘or use’’ 
after ‘‘distribution’’; and 
(3) in paragraph (3), by striking ‘‘donor to en-
sure that supplies to be transported under this sec-
tion’’ and inserting ‘‘entity requesting the transport 
of supplies under this section to ensure that the sup-
plies’’. 
(c) PROVISION OF DISASTER ASSISTANCE.—Section 
404 of such title is amended—
(1) in subsection (a), by inserting ‘‘or serious 
harm to the environment’’ after ‘‘loss of lives’’; and 
(2) in subsection (c)(2), by inserting ‘‘or the en-
vironment’’ after ‘‘human lives’’. 
(d) PROVISION OF HUMANITARIAN ASSISTANCE.—
Section 2561(a) of such title is amended—
(1) by inserting ‘‘(1)’’ before ‘‘To the extent’’; 
and 
(2) by adding at the end the following new 
paragraph
‘‘(2) The authority of the Department of Defense to 
provide humanitarian assistance under this section in-
cludes the authority to transport supplies or provide as-
sistance intended for use to respond to, or mitigate the 
effects of, an event or condition, such as an oil spill, that 
threatens serious harm to the environment.’’.
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