SENATE PROVISION TARGETS CAPE COD ACTION

[Lenny Siegel <lsiegel@igc.org>]

SENATE BILL CONTAINS SECTION IN REACTION TO CAPE COD RULING

The Senate version of the Defense Authorization bill, which is either 
on the Senate floor or will be soon, contains a provision that appears 
to be a direct response to U.S. EPA's order halting the use of Camp 
Edwards (Massachusetts Military Reservation) for most forms of 
munitions training. Section 363 would require that the Defense 
Department promptly notify Congress, as well as other executive branch 
entities, whenever an agency takes or proposes an administrative action 
that "affects training of any other readiness activity in a manner that 
has or would have a significant adverse effect on the military 
readiness of any of the armed forces or a critical component thereof..."

That act of notification would immediately block the proposed or actual 
administrative action for 30 days, unless the President personally 
directs its implementation. I am presenting the entire section below 
for feedback. At this time, I do not know whether the language, if 
enacted as written, would apply retroactively to the Camp Edwards 
order. Nor is it clear how the Defense Department or members of 
Congress might act to extend the 30-day period. 

The intent, however, is clear: To declare that military training and 
readiness, as determined necessary by the Department of Defense, are 
beyond the administrative reach of EPA or other agencies normally 
empowered to protect human health and the environment.

Lenny Siegel

SEC. 363. ADMINISTRATIVE ACTIONS ADVERSELY AFFECTING MILITARY TRAINING 
OR OTHER READINESS ACTIVITIES.

(a) CONGRESSIONAL NOTIFICATION. - Chapter 101 of title 10, United 
States Code, is amended by adding at the end the following:

"S2014. Administrative actions adversely affecting military training or 
other readiness activities

"(a) CONGRESSIONAL NOTIFICATION. - Whenever an official of an Executive 
agency takes or proposes to take an administrative action that, as 
determined by the Secretary of Defense in consultation with the 
Chairman of the Joint Chiefs of Staff, affects training or any other 
readiness activity in a manner that has or would have a significant 
adverse effect on the military readiness of any of the armed forces or 
a critical component thereof, the Secretary shall submit a written 
notification of the action and each significant adverse affect to the 
Committee on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives and, at the same time, shall 
transmit a copy of the notification to the President and to the head of 
the Executive agency taking or proposing to take the administrative action.

"(b) NOTIFICATION TO BE PROMPT. - (1) Subject to paragraph (2), the 
Secretary shall submit a written notification of an administrative 
action or a proposed administrative action required by subsection (a) 
as soon as the Secretary becomes aware of the action or proposed action.

"(2) The Secretary shall prescribe policies and procedures to ensure 
that the Secretary receives information on an administrative action or 
proposed administrative action described in subsection (a) promptly 
after Department of Defense personnel receive notice of such an action 
or proposed action.

"(c) EFFECT OF NOTIFICATION ON ADMINISTRATIVE ACTION. - Upon the 
submission of a notification to committees of Congress under subsection 
(a), the administrative action covered by the notification shall, 
notwithstanding any other provision of law, cease to be effective or 
not become effective, as the case may be, with respect to the 
Department of Defense until the date that is 30 days after the date of 
the notification, except that the President may direct that the 
administrative action take effect with respect to the Department of 
Defense earlier than that date. The President may not delegate the 
authority provided in the preceding sentence.

"(d) DEFINITIONS. - In this section, the term 'Executive agency' has 
the meaning given such term in section 105 of title 5 other than the 
General Accounting Office."