I
107TH CONGRESS
1ST SESSION
H. R. 2154
To amend title 10, United States Code, to require the Department of Defense
and all other defense-related agencies of the United States to fully
comply with Federal and State environmental laws, including certain
laws relating to public health and worker safety, that are designed
to protect the environment and the health and safety of the public,
particularly those persons most vulnerable to the hazards incident to
military operations and installations, such as children, members of the
Armed Forces, civilian employees, and persons living in the vicinity
of military operations and installations.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2001
Mr. FILNER (for himself, Ms. MCKINNEY, Ms. PELOSI, Ms. DEGETTE, and
Mr. LEWIS of Georgia) introduced the following bill; which was referred
to the Committee on Armed Services, and in addition to the Committees
on Energy and Commerce, Transportation and Infrastructure, Resources,
Education and the Workforce, and the Judiciary, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title 10, United States Code, to require the De-
partment of Defense and all other defense-related agen-
cies of the United States to fully comply with Federal
and State environmental laws, including certain laws re-
lating to public health and worker safety, that are de-
signed to protect the environment and the health and
safety of the public, particularly those persons most vul-
nerable to the hazards incident to military operations
and installations, such as children, members of the
Armed Forces, civilian employees, and persons living in
the vicinity of military operations and installations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Military Environmental Responsibility Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Compliance of Federal defense agencies with public safety and environ-
mental laws.
Sec. 4. Applicability of NEPA to weapon system development and procurement.
Sec. 5. Repeal of prohibitions on use of defense funds for environmental compli-
ance and payment of penalties.
Sec. 6. Savings provision.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To require the Department of Defense and
all other defense-related agencies of the United
States, as defined in the amendment made by sec-
tion 3(a), to comply with all Federal and State laws
that are designed to protect the environment or the
health and safety of the public to the same extent
as all other entities subject to those laws.
(2) To entirely waive any and all sovereign im-
munity and to entirely revoke any and all exemp-
tions of the Department of Defense and all other de-
fense-related agencies of the United States within
the United States and abroad that might in any way
limit or exempt those agencies from complying with
all Federal and State environmental laws designed
to protect the health and safety of the public or the
environment.
(3) To leave no ambiguity for the executive or
judicial branches that the Department of Defense
and all other defense-related agencies are fully sub-
ject to all the requirements and possible enforcement
of all Federal and State environmental laws designed
to protect the health and safety of the public or the
environment.
SEC. 3. COMPLIANCE OF FEDERAL DEFENSE AGENCIES
WITH PUBLIC SAFETY AND ENVIRONMENTAL
LAWS.
(a) COMPLIANCE REQUIRED.—Chapter 160 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2710. Applicability of environmental laws to the
Department of Defense and defense-re-
lated agencies
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) FEDERAL DEFENSE AGENCY.—The term
‘Federal defense agency’ means—
‘‘(A) the Department of Defense;
‘‘(B) the Department of Energy;
‘‘(C) the Nuclear Regulatory Commission;
‘‘(D) the Office of Naval Nuclear Reactors
provided for by Executive Order 12344 (47
Fed. Reg. 4979; 42 U.S.C. 7158 note; Feb-
ruary 3, 1982), relating to the Naval Nuclear
Propulsion Program;
‘‘(E) any other defense-related agency of
the United States designated by the President
for purposes of this section; and
‘‘(F) installations, facilities, and operations
of the Department of Defense and other de-
fense-related agencies covered by this para-
graph, whether located or conducted inside or
outside of the United States.
‘‘(2) DEFENSE AGENCY HEAD.—The term ‘de-
fense agency head’ means—
‘‘(A) the Secretary of Defense, with respect
to the Department of Defense and installations,
facilities, and operations of the Department of
Defense, whether located or conducted inside or
outside of the United States; and
‘‘(B) the head of a Federal defense agency
covered by any of subparagraphs (B) through
(E) of paragraph (1), with respect to that agen-
cy and installations, facilities, and operations of
that agency, whether located or conducted in-
side or outside of the United States.
‘‘(3) ADMINISTERING FEDERAL AGENCY.—The
term ‘administering Federal agency’ means the Fed-
eral agency responsible for the administration or en-
forcement, or both, of a Federal law covered by sub-
section (c). In most cases that agency is the Envi-
ronmental Protection Agency.
‘‘(4) STATES
AND
STATE
LAW.—The term
‘State’ includes any unit of local government within
a State, and the term ‘State law’ includes any local
law and any interstate compact or agreement.
‘‘(b) APPLICABILITY OF ENVIRONMENTAL LAWS.—
The substantive and procedural requirements of each of
the laws covered by subsection (c) shall apply to each Fed-
eral defense agency in the same manner and to the same
extent as any person is subject to those requirements. To
the extent not provided before the date of the enactment
of the Military Environmental Responsibility Act in any
other provision of law, the United States hereby expressly
waives any immunity, and revokes any exemption, other-
wise applicable to a Federal defense agency with respect
to any such substantive or procedural requirement.
‘‘(c) COVERED LAWS.—The laws covered by this sub-
section are all Federal laws, including treaties and regula-
tions, and all State laws, that are designed to protect the
environment or designed to protect the health and safety
of the public. At a minimum, those laws include the fol-
lowing Federal laws and their analogous State counter-
parts:
‘‘(1) The Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
‘‘(2) The Clean Air Act (42 U.S.C. 7401 et
seq.).
‘‘(3) The Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
‘‘(4) The Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.).
‘‘(5) The Department of Energy Organization
Act (42 U.S.C. 7101 et seq.).
‘‘(6) The Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.).
‘‘(7) The Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
‘‘(8) The Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.).
quirements referred to in subsection (b) include the fol-
lowing:
‘‘(A) All regulatory standards, guidelines, and
prohibitions including all emission standards, tox-
icity standards, exposure standards, and use prohibi-
tions.
‘‘(B) All administrative orders.
‘‘(C) All civil and administrative penalties and
fines, regardless of whether such penalties or fines
are punitive or coercive in nature or are imposed for
isolated, intermittent, or continuing violations.
‘‘(D) All conditions for permits or reporting.
‘‘(E) All provisions for injunctive relief and
such sanctions as may be imposed by a court to en-
force such relief.
‘‘(F) The payment of service charges.
‘‘(2) The service charges referred to in paragraph
(1)(F) include fees or charges assessed in connection with
the processing and issuance of permits, renewal of per-
mits, amendments to permits, review of plans, studies, and
other documents, and inspection and monitoring of facili-
ties, as well as any other nondiscriminatory charges that
are assessed in connection with a Federal or State regu-
latory program under a law covered by subsection (c).
‘‘(3) Neither the United States, nor any agent, em-
ployee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with
respect to the enforcement of any such injunctive relief.
No agent, employee, or officer of the United States shall
be personally liable for any civil penalty under any Federal
or State law covered by subsection (c) with respect to any
act or omission within the scope of the official duties of
the agent, employee, or officer. An agent, employee, or of-
ficer of the United States shall be subject to any criminal
sanction (including any fine or imprisonment) under any
Federal or State law covered by subsection (c), but no de-
partment, agency, or instrumentality of the executive, leg-
islative, or judicial branch of the United States shall be
subject to any such sanction.
‘‘(e) USE OF EXEMPTION AUTHORITY.—If a Federal
law covered by subsection (c) authorizes the President or
the head of the administering Federal agency to grant ex-
emptions from any substantive or procedural requirement
of that law, any use of that authority on behalf of a Fed-
eral defense agency after the date of the enactment of the
Military Environmental Responsibility Act shall be effec-
tive only for a specified period, not to exceed 180 days,
unless such period is specifically extended by Act of Con-
gress.
‘‘(f) ADMINISTRATIVE ENFORCEMENT ACTIONS.—
The head of an administering Federal agency shall com-
mence an administrative enforcement action against a de-
fense agency head pursuant to the enforcement authorities
contained in the relevant Federal law covered by sub-
section (c) in the same manner and under the same cir-
cumstances as an action would be initiated against an-
other person. Any voluntary resolution or settlement of
such an action shall be set forth in a consent order.
‘‘(g) CITIZEN SUITS.—(1) Except as provided in
paragraph (3) or (4), any person may commence a civil
action on the person’s own behalf against—
‘‘(A) a defense agency head who is alleged to be
in violation of any permit, standard, regulation, con-
dition, requirement, prohibition, or order that has
become effective pursuant to a Federal law covered
by subsection (c); or
‘‘(B) the head of an administering Federal
agency where there is alleged a failure of the head
of the administering Federal agency to perform any
act or duty under a Federal law covered by sub-
section (c) that is not discretionary.
‘‘(2) Any action under paragraph (1)(A) shall be
brought in the district court for the district in which the
alleged violation occurred. Any action brought under para-
graph (1)(B) may be brought in the district court for the
district in which the alleged violation occurred or in the
District Court of the District of Columbia. The district
court shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties—
‘‘(A) to enforce the permit, standard, regula-
tion, condition, requirement, prohibition, or order,
referred to in paragraph (1)(A);
‘‘(B) to restrain a defendant from continuing a
violation of a Federal law covered by subsection (c);
‘‘(C) to order the head of an administering
Federal agency to perform the act or duty referred
to in paragraph (1)(B);
‘‘(D) to order a defendant to take such other
action as may be necessary; and
‘‘(E) to apply any appropriate civil penalties
available under the Federal law at issue.
‘‘(3) No action may be commenced under paragraph
(1)(A)—
‘‘(A) prior to 60 days after the plaintiff has
given notice of the violation to—
‘‘(i) the head of the relevant administering
Federal agency;
‘‘(ii) the State in which the alleged viola-
tion occurs; and
‘‘(iii) the defense agency head in violation
of the permit, standard, regulation, condition,
requirement, prohibition, or order at issue; or
‘‘(B) if the head of the administering Federal
agency or State has commenced and is diligently
prosecuting a civil or criminal action in a court of
the United States or a State to require compliance
with such permit, standard, regulation, condition, re-
quirement, prohibition, or order.
‘‘(4) No action may be commenced under paragraph
(1)(B) prior to 60 days after the plaintiff has given notice
to the head of the relevant administering Federal agency
that the plaintiff will commence such action. Notice under
this subsection shall be given in such manner as the head
of the administering Federal agency shall prescribe by reg-
ulation.
‘‘(5) In any action under this subsection, the head
of the relevant administering Federal agency, if not a
party, may intervene as a matter of right.
‘‘(6) The court, in issuing any final order in any ac-
tion brought pursuant to this subsection, may award costs
of litigation (including reasonable attorney and expert wit-
ness fees) to the prevailing or substantially prevailing
party, whenever the court determines such an award is
appropriate. The court may, if a temporary restraining
order or preliminary injunction is sought, require the filing
of a bond or equivalent security in accordance with the
Federal Rules of Civil Procedure.
‘‘(7) Nothing in this subsection shall restrict any
right that a person (or class of persons) may have under
a Federal law covered by subsection (c) or common law
to seek enforcement of that Federal law or to seek any
other relief (including relief against the head of an admin-
istering Federal agency or a State agency).
‘‘(h) JUDICIAL INTERPRETATION.—The courts of the
United States and of the States shall construe the provi-
sions of this section and any other provision of law waiving
the sovereign immunity of the United States under a law
covered by subsection (c) liberally to effect the intent of
Congress that the United States, acting through a covered
defense agency, comply with, and be subject to enforce-
ment under, those laws to the same extent as private par-
ties.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2710. Applicability of environmental laws to the Department of Defense and
defense-related agencies.’’.
SEC. 4. APPLICABILITY OF NEPA TO WEAPON SYSTEM DE-
VELOPMENT AND PROCUREMENT.
Section 2431 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) In the case of each weapon system for which
the Secretary of Defense is required to submit documents
under subsection (a), the Secretary shall ensure that all
development and procurement decisions regarding the
weapon system are made in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).’’.
SEC. 5. REPEAL OF PROHIBITIONS ON USE OF DEFENSE
FUNDS FOR ENVIRONMENTAL COMPLIANCE
AND PAYMENT OF PENALTIES.
(a) RESTORED AVAILABILITY OF RESTORATION AC-
COUNT.—Section 2703 of title 10, United States Code, is
amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as sub-
section (e).
(b) FORMERLY USED SITE REMEDIAL ACTION PRO-
GRAM.—Section 3131 of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (10 U.S.C. 2701 note) is
repealed.
(c) CONFORMING REPEAL.—Section 8149 of the De-
partment of Defense Appropriations Act, 2000 (Public
Law 106–79; 113 Stat. 1271), is repealed.
SEC. 6. SAVINGS PROVISION.
Nothing in section 2710 of title 10, United States
Code, as added by section 3 of this Act, or any other provi-
sion of this Act, may be construed as creating an inference
that any provision of Federal law enacted before the date
of the enactment of this Act that waived the sovereign im-
munity of the United States under a law of the United
States or of any State was not fully effective and in force
under its own terms before the date of the enactment of
this Act.
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