RE: [CPEO-MEF] Section 8149

[Pauline Simon <cpeo@cpeo.org>]

<------ Original Message Follows ------>
From: "Wade, Janet DES" <wadej@riley.army.mil>
To: "'cpeo@cpeo.org'" <cpeo@cpeo.org>
Subject: RE:  Section 8149
Date: Tue, 26 Oct 1999 18:02:21 -0500

This message came from Janet Wade:

I urge everyone to read this provision carefully and also to seek
clarification of it's actual intent and meaning. I'm highlighting below what
I believe are key phrases which may be being overlooked and/or
misunderstood. 
"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."
I am not a lawyer , but based on my experience, I believe this means that
Congress intends that payment of fines or penalties (unless otherwise
specifically authorized) be included in future appropriations as line items
- i.e. that Congress be aware of (the violation) and authorize such
payments. As a line item, the name of the installation/entity, the amount of
the fine/penalty, and probably also the nature of the violation is included
in an appropriations act. This brings visibility to the payment and does not
serve to avoid the payment of the fine/penalty. This high level of
visibility, in itself, can act as an added incentive to comply (or stated
bluntly, be a disincentive to incurring fines/penalties). Fines/penalties
not otherwise "specifcally authorized by law" may include penalties incurred
under Federal Facility Agreements or other Inter-agency Agreements (IAGs)
between DoD entities and the EPA which are enforceable, but do not carry the
weight of "law". This provision' may delay payment of a fine/penalty to a
future fiscal year due to the timing of the budget cycle - but the payment
should eventually be made. But - it is not necessarily 'anti-environmental'
or 'shield the Pentagon' ---- 

<------ End Of Original Message ------->

You can find archived listserve messages on the CPEO website at http://www.cpeo.org/lists/index.html.

_____________________________________________________________
Got a Favorite Topic to Discuss?  Start a List at Topica.
http://www.topica.com/t/4