[CPEO-MEF] Ordnance sections in Defense Act

[Lenny Siegel <lsiegel@cpeo.org>]

The National Defense Authorization Act for Fiscal Year 2002, as reported
this week by the Senate-House Conference Committee, contains important
new language addressing the cleanup of unexploded ordnance, discarded
military munitions, and munitions constituents. The following language
is from the Conference Report. The actual language may be found on pages
57-64 of the Defense Act. Both the Act itself and the Conference Report
may be found at http://www.house.gov/hasc/.

Lenny

***

* Inventory of unexploded ordnance, discarded military munitions, and
munitions constituents at defense sites (other than operational ranges)
(sec. 311)

The House amendment contained a provision (sec. 311) that would require
the Department of Defense to inventory sites that are known or suspected
to contain abandoned military munitions.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would: (1) provide that the
inventory requirement does not apply to operating storage and
manufacturing facilities, operational ranges, or locations outside the
United States; (2) clarify the definitions of military munitions,
operational ranges, unexploded ordnance and other key terms; (3) require
consultation with representatives of States and Tribes in the
development of a protocol for site prioritization; (4) clarify that the
prioritization of sites does not impair, alter or diminish the
Department's obligations under federal or state law; and (5) extend the
time period available for the Department to complete the inventory and
prioritization of sites.

* Establishment of new program element for remediation of unexploded
ordnance, discarded military munitions, and munitions constituents (sec. 312)

The Senate bill contained a provision (sec. 311) that would require the
Secretary of Defense to establish within each environmental restoration
account established for the Department of Defense a sub-account for the
remediation of unexploded ordnance and related constituents.

The House amendment contained no similar provision.

The House recedes with an amendment that would: (1) establish program
elements, rather than sub-accounts, within each of the environmental
restoration accounts; and (2) clarify that the accounts cover discarded
munitions as well as unexploded ordnance and related constituents.

* Assessment of environmental remediation of unexploded ordnance,
discarded military munitions, and munitions constituents (sec. 313)

The Senate bill contained a provision (sec. 312) that would require the
Department of Defense to conduct a comprehensive assessment and develop
a plan for addressing unexploded ordnance, discarded munitions and
related constituents on Department of Defense facilities and installations.

The House amendment contained no similar provision.

The House recedes with an amendment that would: (1) harmonize the
terminology and scope of this provision with other provisions related to
unexploded ordnance; and (2) delay from calendar year 2002 to calendar
year 2003 the due date of the required report. The conference report
would require the Department of Defense to provide an interim report
containing all available information in calendar year 2002.


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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: 650/961-8918
lsiegel@cpeo.org
http://www.cpeo.org

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