§2014 Administrative Actions Adversely Affecting Military Training or Other Readiness Activities

Summary

When a federal agency action would, in the Secretary of Defense’s judgment (made with the Chairman of the Joint Chiefs of Staff), seriously harm military training or readiness, the Secretary of Defense must put the concern in writing to the agency head and send copies to the President and to the Armed Services Committees of both the Senate and the House. The Secretary must do this as soon as possible and must set up rules so DoD staff tell the Secretary quickly when they learn of such actions. The agency head must reply quickly and try to make an agreement with the Secretary about what to do right away so the agency can meet its goal without hurting training or readiness. Until they agree or until five days pass from the notice, the agency’s action cannot take effect for the Department of Defense, unless the agency head decides that waiting would create a real and immediate danger to public health or the environment. If they cannot agree, the Secretary tells the President, who makes the final decision and must notify the Armed Services Committees within 30 days. The agency leader cannot give these duties to someone else. “Executive agency” means the usual federal agencies, but not the Government Accountability Office.