Mike Levin: “though the Smith amendment to section 346 goes a long way toward resolving the majority of my concerns, and the…”

“though the Smith amendment to section 346 goes a long way toward resolving the majority of my concerns, and the reassurances provided by the chairman of the Senate Armed Services have been extremely helpful, there are still some issues that need to be considered before Congress proceeds with this kind of change in permanent law. Though I understand from DOD staff that the Department does not intend to use this new authority widely or without significant caution, an argument can be made that a change of this magnitude, affecting all Federal facilities, should be considered in the context of comprehensive reform of the Superfund law, and the Governmental Affairs Committee should probably have the opportunity to consider the change in the process for disposition of Federal property. Further, my office has been contacted by the Attorney General of Michigan regarding his concerns about the impact of section 346 in the Committee-reported version of S. 1745. These concerns appear to be shared by many other State Attorneys General around the country. Some of these concerns are addressed by the changes that the Smith amendment makes in section 346. But, I want my colleagues to know that this provision is not a simple matter and could have far-reaching consequences. I hope the conferees will carefully consider the need for this new authority and the possible outcomes of its exercise.”