Restriction on Fines

[Pauline Simon <cpeo@cpeo.org>]

The Defense Appropriations Act, awaiting Presidential signature,
contains a small provision that could have significant environmental
consequences: 

"SEC. 8149. None of the funds appropriated in this Act may be used for
the payment of a fine or penalty that is imposed against the Department
of Defense or a military department arising from an environmental
violation at a military installation or facility unless the payment of
the fine or penalty has been specifically authorized by law. For
purposes of this section, expenditure of funds to carry out a
supplemental environmental project that is required to be carried out as
part of such a penalty shall be considered to be a payment of the
penalty." 

This apparently would apply to all environmental statutes, and it would
affect state and tribal as well as federally imposed fines and
penalties. It appears to raise constitutional issues of state-federal
relations. If it holds up, it could greatly undermine the ability of
environmental regulators to hold the Defense Department accountable to
the same standards that other parties must meet.

At a time when Congress still seems to lean toward making federal
agencies accountable to the same environmental standards as the private
sector, how did this slip into the Defense Appropriations bill,
unnoticed? Rumor has it that Senator Ted Stevens (R-Alaska), head of the
Appropriations Committee (and Defense Appropriations Subcommittee) was
upset by a fine that U.S. imposed (or threatened) at an Army
installation in Alaska.

The President is not likely to veto such a major Appropriations bill
over such a minor provision, but if he vetoes the bill for other reasons
there may be an opportunity to reverse the language. Otherwise it will
take effect until Congress passes contravening legislation.

Lenny Siegel
-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org



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