To clarify the authority of the Secretary of Defense to respond to environmental emergencies.

February 5, 2003

Mr. UDALL of Colorado (for himself and Mr. HEFLEY) introduced the following bill; which was referred to the Committee on Armed Services

To clarify the authority of the Secretary of Defense to respond to environmental emergencies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `International Environmental Defense Act of 2003'.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS- The Congress finds the following:

(1) Environmental emergencies, such as oil spills, wherever they occur, can affect the national interests of the United States.

(2) In appropriate circumstances, it is in the national interest of the United States for the Department of Defense to provide assistance to respond to environmental emergencies, to an extent not authorized under current law.

(b) PURPOSE- It is the purpose of this Act to authorize the Secretary of Defense to provide assistance to respond to environmental emergencies in appropriate circumstances.

SEC. 3. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE TO ENVIRONMENTAL EMERGENCIES.

(a) TRANSPORTATION OF HUMANITARIAN RELIEF SUPPLIES TO RESPOND TO ENVIRONMENTAL EMERGENCIES- Section 402 of title 10, United States Code, is amended--

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection (d):

`(d) RESPONSE TO ENVIRONMENTAL EMERGENCIES- The authority of the Secretary of Defense to transport humanitarian relief supplies under this section includes the authority to transport supplies intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment.'.

(b) CONDITIONS ON PROVISION OF TRANSPORTATION- Subsection (b) of such section is amended--

(1) in paragraph (1)(C), by inserting `or entity' after `people';

(2) in paragraph (1)(E), by inserting `or use' after `distribution'; and

(3) in paragraph (3), by striking `donor to ensure that supplies to be transported under this section' and inserting `entity requesting the transport of supplies under this section to ensure that the supplies'.

(c) PROVISION OF DISASTER ASSISTANCE- Section 404 of such title is amended--

(1) in subsection (a), by inserting `or serious harm to the environment' after `loss of lives'; and

(2) in subsection (c)(2), by inserting `or the environment' after `human lives'.

(d) PROVISION OF HUMANITARIAN ASSISTANCE- Section 2561(a) of such title is amended--

(1) by inserting `(1)' before `To the extent'; and

(2) by adding at the end the following new paragraph

`(2) The authority of the Department of Defense to provide humanitarian assistance under this section includes the authority to transport supplies or provide assistance intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment.'.

END