
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2014]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
                     CHAPTER 101--TRAINING GENERALLY
 
Sec. 2014. Administrative actions adversely affecting military 
        training or other readiness activities
        
    (a) Congressional Notification.--Whenever an official of an 
Executive agency takes or proposes to take an administrative action 
that, as determined by the Secretary of Defense in consultation with the 
Chairman of the Joint Chiefs of Staff, affects training or any other 
readiness activity in a manner that has or would have a significant 
adverse effect on the military readiness of any of the armed forces or a 
critical component thereof, the Secretary shall submit a written 
notification of the action and each significant adverse effect to the 
head of the Executive agency taking or proposing to take the 
administrative action. At the same time, the Secretary shall transmit a 
copy of the notification to the President, the Committee on Armed 
Services of the Senate, and the Committee on Armed Services of the House 
of Representatives.
    (b) Notification To Be Prompt.--(1) Subject to paragraph (2), the 
Secretary shall submit a written notification of an administrative 
action or proposed administrative action required by subsection (a) as 
soon as possible after the Secretary becomes aware of the action or 
proposed action.
    (2) The Secretary shall prescribe policies and procedures to ensure 
that the Secretary receives information on an administrative action or 
proposed administrative action described in subsection (a) promptly 
after Department of Defense personnel receive notice of such an action 
or proposed action.
    (c) Consultation Between Secretary and Head of Executive Agency.--
Upon notification with respect to an administrative action or proposed 
administrative action under subsection (a), the head of the Executive 
agency concerned shall--
        (1) respond promptly to the Secretary; and
        (2) consistent with the urgency of the training or readiness 
    activity involved and the provisions of law under which the 
    administrative action or proposed administrative action is being 
    taken, seek to reach an agreement with the Secretary on immediate 
    actions to attain the objective of the administrative action or 
    proposed administrative action in a manner which eliminates or 
    mitigates the adverse effects of the administrative action or 
    proposed administrative action upon the training or readiness 
    activity.

    (d) Moratorium.--(1) Subject to paragraph (2), upon notification 
with respect to an administrative action or proposed administrative 
action under subsection (a), the administrative action or proposed 
administrative action shall cease to be effective with respect to the 
Department of Defense until the earlier of--
        (A) the end of the five-day period beginning on the date of the 
    notification; or
        (B) the date of an agreement between the head of the Executive 
    agency concerned and the Secretary as a result of the consultations 
    under subsection (c).

    (2) Paragraph (1) shall not apply with respect to an administrative 
action or proposed administrative action if the head of the Executive 
agency concerned determines that the delay in enforcement of the 
administrative action or proposed administrative action will pose an 
actual threat of an imminent and substantial endangerment to public 
health or the environment.
    (e) Effect of Lack of Agreement.--(1) If the head of an Executive 
agency and the Secretary do not enter into an agreement under subsection 
(c)(2), the Secretary shall submit a written notification to the 
President who shall take final action on the matter.
    (2) Not later than 30 days after the date on which the President 
takes final action on a matter under paragraph (1), the President shall 
submit to the committees referred to in subsection (a) a notification of 
the action.
    (f) Limitation on Delegation of Authority.--The head of an Executive 
agency may not delegate any responsibility under this section.
    (g) Definition.--In this section, the term ``Executive agency'' has 
the meaning given such term in section 105 of title 5, except that the 
term does not include the General Accounting Office.

(Added Pub. L. 105-85, div. A, title III, Sec. 325(a), Nov. 18, 1997, 
111 Stat. 1678; amended Pub. L. 106-65, div. A, title X, Sec. 1067(1), 
Oct. 5, 1999, 113 Stat. 774.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-65 substituted ``and the Committee on 
Armed Services'' for ``and the Committee on National Security''.
