-CITE-

10 USC CHAPTER 160 - ENVIRONMENTAL RESTORATION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

.

-HEAD-

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-MISC1-

Sec.

2700. Definitions.

2701. Environmental restoration program.

2702. Research, development, and demonstration program.

2703. Environmental restoration accounts.

2704. Commonly found unregulated hazardous substances.

2705. Notice of environmental restoration activities.

2706. Annual reports to Congress.

2707. Environmental restoration projects for environmental

responses.

2708. Contracts for handling hazardous waste from defense

facilities.

2709. Investment control process for environmental technologies.

2710. Inventory of unexploded ordnance, discarded military

munitions, and munitions constituents at defense sites (other

than operational ranges).

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title III, Sec. 313(d)(1), Dec.

2, 2002, 116 Stat. 2508, added items 2700 and 2707 and struck out

former item 2707 ''Definitions''.

2001 - Pub. L. 107-107, div. A, title III, Sec. 311(a)(2), Dec.

28, 2001, 115 Stat. 1051, added item 2710.

1999 - Pub. L. 106-65, div. A, title III, Sec. 323(b)(2), Oct.

5, 1999, 113 Stat. 563, added item 2709.

1996 - Pub. L. 104-201, div. A, title III, Sec. 322(a)(2), Sept.

23, 1996, 110 Stat. 2478, substituted ''accounts'' for ''transfer

account'' in item 2703.

1991 - Pub. L. 102-190, div. A, title III, Sec. 331(a)(2), Dec.

5, 1991, 105 Stat. 1340, added item 2708.

Pub. L. 102-25, title VII, Sec. 701(e)(6), Apr. 6, 1991, 105

Stat. 114, substituted ''Annual reports to Congress'' for ''Annual

report to Congress'' in item 2706.

1989 - Pub. L. 101-189, div. A, title III, Sec. 357(a)(2)(B),

Nov. 29, 1989, 103 Stat. 1427, which directed amendment of the item

relating to section 2706 in the table of sections at the beginning

of chapter 106 to read ''Annual reports to Congress'', could not be

executed because item 2706 is in this chapter and not in chapter

106.

-CITE-

10 USC Sec. 2700 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2700. Definitions

-STATUTE-

In this chapter:

(1) The term ''CERCLA'' means the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.).

(2) The terms ''environment'', ''facility'', ''hazardous

substance'', ''person'', ''release'', ''removal'', ''response'',

''disposal'', and ''hazardous waste'' have the meanings given

those terms in section 101 of CERCLA (42 U.S.C. 9601).

(3) The term ''Administrator'' means the Administrator of the

Environmental Protection Agency.

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1725, Sec. 2707; renumbered Sec. 2700 and amended Pub. L.

107-314, div. A, title III, Sec. 313(a)(1), (c)(1), Dec. 2, 2002,

116 Stat. 2507.)

-REFTEXT-

REFERENCES IN TEXT

The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, referred to in par. (1), is Pub. L. 96-510,

Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified

principally to chapter 103 (Sec. 9601 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 9601 of

Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-314, Sec. 313(c)(1), added par. (1) and

redesignated former pars. (1) and (2) as (2) and (3), respectively.

Pub. L. 107-314, Sec. 313(a)(1), renumbered section 2707 of this

title as this section.

-CITE-

10 USC Sec. 2701 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2701. Environmental restoration program

-STATUTE-

(a) Environmental Restoration Program. -

(1) In general. - The Secretary of Defense shall carry out a

program of environmental restoration at facilities under the

jurisdiction of the Secretary. The program shall be known as the

''Defense Environmental Restoration Program''.

(2) Application of section 120 of cercla. - Activities of the

program described in subsection (b)(1) shall be carried out

subject to, and in a manner consistent with, section 120

(relating to Federal facilities) of CERCLA.

(3) Consultation with epa. - The program shall be carried out

in consultation with the Administrator of the Environmental

Protection Agency.

(4) Administrative office within osd. - The Secretary shall

identify an office within the Office of the Secretary which shall

have responsibility for carrying out the program.

(b) Program Goals. - Goals of the program shall include the

following:

(1) The identification, investigation, research and

development, and cleanup of contamination from hazardous

substances, pollutants, and contaminants.

(2) Correction of other environmental damage (such as detection

and disposal of unexploded ordnance) which creates an imminent

and substantial endangerment to the public health or welfare or

to the environment.

(3) Demolition and removal of unsafe buildings and structures,

including buildings and structures of the Department of Defense

at sites formerly used by or under the jurisdiction of the

Secretary.

(c) Responsibility for Response Actions. -

(1) Basic responsibility. - The Secretary shall carry out (in

accordance with the provisions of this chapter and CERCLA) all

response actions with respect to releases of hazardous substances

from each of the following:

(A) Each facility or site owned by, leased to, or otherwise

possessed by the United States and under the jurisdiction of

the Secretary.

(B) Each facility or site which was under the jurisdiction of

the Secretary and owned by, leased to, or otherwise possessed

by the United States at the time of actions leading to

contamination by hazardous substances.

(C) Each vessel owned or operated by the Department of

Defense.

(2) Other responsible parties. - Paragraph (1) shall not apply

to a removal or remedial action if the Administrator has provided

for response action by a potentially responsible person in

accordance with section 122 of CERCLA (relating to settlements).

(3) State fees and charges. - The Secretary shall pay fees and

charges imposed by State authorities for permit services for the

disposal of hazardous substances on lands which are under the

jurisdiction of the Secretary to the same extent that

nongovernmental entities are required to pay fees and charges

imposed by State authorities for permit services. The preceding

sentence shall not apply with respect to a payment that is the

responsibility of a lessee, contractor, or other private person.

(d) Services of Other Entities. -

(1) In general. - Subject to paragraph (3), the Secretary may

enter into agreements on a reimbursable or other basis with any

other Federal agency, any State or local government agency, any

Indian tribe, or any nonprofit conservation organization to

obtain the services of the agency, Indian tribe, or organization

to assist the Secretary in carrying out any of the Secretary's

responsibilities under this section. Services which may be

obtained under this subsection include the identification,

investigation, and cleanup of any off-site contamination

resulting from the release of a hazardous substance or waste at a

facility under the Secretary's jurisdiction.

(2) Cross-fiscal year agreements. - An agreement with an agency

under paragraph (1) may be for a period that begins in one fiscal

year and ends in another fiscal year so long as the period of the

agreement does not exceed two years.

(3) Limitation on reimbursable agreements. - An agreement with

an agency under paragraph (1) may not provide for reimbursement

of the agency for regulatory enforcement activities.

(4) Definitions. - In this subsection:

(A) The term ''Indian tribe'' has the meaning given such term

in section 101(36) of CERCLA (42 U.S.C. 9601(36)).

(B) The term ''nonprofit conservation organization'' means

any non-governmental nonprofit organization whose primary

purpose is conservation of open space or natural resources.

(e) Response Action Contractors. - The provisions of section 119

of CERCLA apply to response action contractors (as defined in that

section) who carry out response actions under this section.

(f) Use of Appropriated Funds at Former DOD Sites. -

Appropriations available to the Department of Defense may be used

at sites formerly used by the Department of Defense for removal of

unsafe buildings or debris of the Department of Defense.

(g) Removal of Unsafe Buildings and Debris Before Release From

Federal Control. - In the case of property formerly used by the

Department of Defense which is to be released from Federal

Government control and at which there are unsafe buildings or

debris of the Department of Defense, all actions necessary to

comply with regulations of the General Services Administration on

the transfer of property in a safe condition shall be completed

before the property is released from Federal Government control,

except in the case of property to be conveyed to an entity of State

or local government or to a native corporation.

(h) Surety-Contractor Relationship. - Any surety which provides a

bid, performance, or payment bond in connection with any direct

Federal procurement for a response action contract under the

Defense Environmental Restoration Program and begins activities to

meet its obligations under such bond, shall, in connection with

such activities or obligations, be entitled to any indemnification

and the same standard of liability to which its principal was

entitled under the contract or under any applicable law or

regulation.

(i) Surety Bonds. -

(1) Applicability of miller act. - If under sections 3131 and

3133 of title 40 surety bonds are required for any direct Federal

procurement of any response action contract under the Defense

Environmental Restoration Program and are not waived pursuant to

section 3134 of title 40, the surety bonds shall be issued in

accordance with sections 3131 and 3133.

(2) Limitation of accrual of rights of action under bonds. -

If, under applicable Federal law, surety bonds are required for

any direct Federal procurement of any response action contract

under the Defense Environmental Restoration Program, no right of

action shall accrue on the performance bond issued on such

contract to or for the use of any person other than an obligee

named in the bond.

(3) Liability of sureties under bonds. - If, under applicable

Federal law, surety bonds are required for any direct Federal

procurement of any response action contract under the Defense

Environmental Restoration Program, unless otherwise provided for

by the Secretary in the bond, in the event of a default, the

surety's liability on a performance bond shall be only for the

cost of completion of the contract work in accordance with the

plans and specifications of the contract less the balance of

funds remaining to be paid under the contract, up to the penal

sum of the bond. The surety shall in no event be liable on bonds

to indemnify or compensate the obligee for loss or liability

arising from personal injury or property damage whether or not

caused by a breach of the bonded contract.

(4) Nonpreemption. - Nothing in this section shall be construed

as preempting, limiting, superseding, affecting, applying to, or

modifying any State laws, regulations, requirements, rules,

practices, or procedures. Nothing in this section shall be

construed as affecting, applying to, modifying, limiting,

superseding, or preempting any rights, authorities, liabilities,

demands, actions, causes of action, losses, judgment, claims,

statutes of limitation, or obligations under Federal or State

law, which do not arise on or under the bond.

(j) Applicability. - (1) Subsections (h) and (i) shall not apply

to bonds executed before December 5, 1991.

(2) Subsections (h) and (i) shall not apply to bonds to which

section 119(g) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9619(g))

applies.

(k) UXO Program Manager. - (1) The Secretary of Defense shall

establish a program manager who shall serve as the single point of

contact in the Department of Defense for policy and budgeting

issues involving the characterization, remediation, and management

of explosive and related risks with respect to unexploded ordnance,

discarded military munitions, and munitions constituents at defense

sites (as such terms are defined in section 2710 of this title)

that pose a threat to human health or safety.

(2) The authority to establish the program manager may be

delegated to the Secretary of a military department, who may

delegate the authority to the Under Secretary of that military

department. The authority may not be further delegated.

(3) The program manager may establish an independent advisory and

review panel that may include representatives of the National

Academy of Sciences, nongovernmental organizations with expertise

regarding unexploded ordnance, discarded military munitions, or

munitions constituents, the Environmental Protection Agency, States

(as defined in section 2710 of this title), and tribal

governments. If established, the panel shall report annually to

Congress on progress made by the Department of Defense to address

unexploded ordnance, discarded military munitions, or munitions

constituents at defense sites and make such recommendations as the

panel considers appropriate.

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1719; amended Pub. L. 101-510, div. A, title XIV, Sec.

1481(i)(1), Nov. 5, 1990, 104 Stat. 1708; Pub. L. 102-190, div. A,

title III, Sec. 336(a), Dec. 5, 1991, 105 Stat. 1342; Pub. L.

102-484, div. A, title III, Sec. 331(b), title X, Sec. 1052(35),

Oct. 23, 1992, 106 Stat. 2373, 2501; Pub. L. 103-35, title II, Sec.

201(d)(6), May 31, 1993, 107 Stat. 99; Pub. L. 103-337, div. A,

title III, Sec. 322, 323, Oct. 5, 1994, 108 Stat. 2711; Pub. L.

104-106, div. A, title III, Sec. 321(a)(1), title XV, Sec.

1504(a)(1), div. D, title XLIII, Sec. 4321(b)(22), Feb. 10, 1996,

110 Stat. 251, 513, 673; Pub. L. 104-201, div. A, title III, Sec.

329, Sept. 23, 1996, 110 Stat. 2483; Pub. L. 107-107, div. A,

title III, Sec. 314, Dec. 28, 2001, 115 Stat. 1053; Pub. L.

107-217, Sec. 3(b)(17), Aug. 21, 2002, 116 Stat. 1296; Pub. L.

107-314, div. A, title III, Sec. 311, 312, 313(c)(2), div. B,

title XXVIII, Sec. 2812(c), Dec. 2, 2002, 116 Stat. 2506, 2508,

2709.)

-REFTEXT-

REFERENCES IN TEXT

Sections 119, 120, and 122 of CERCLA, referred to in subsecs.

(a)(2), (c)(2), and (e), are classified to sections 9619, 9620, and

9622, respectively, of Title 42, The Public Health and Welfare.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (f) and (g) of this

section were contained in Pub. L. 101-165, title IX, Sec. 9038,

Nov. 21, 1989, 103 Stat. 1137, which was set out below, prior to

repeal by Pub. L. 101-510, Sec. 1481(i)(2).

A prior section 2701 was renumbered section 2721 of this title.

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-314, Sec. 313(c)(2),

substituted ''CERCLA'' for ''the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (hereinafter in

this chapter referred to as 'CERCLA') (42 U.S.C. 9601 et seq.)''.

Subsec. (d). Pub. L. 107-314, Sec. 2812(c)(1), substituted

''Entities'' for ''Agencies'' in heading.

Subsec. (d)(1). Pub. L. 107-314, Sec. 311(1), 2812(c)(2),

substituted ''paragraph (3)'' for ''paragraph (2)'', ''any State or

local government agency, any Indian tribe, or any nonprofit

conservation organization'' for ''with any State or local

government agency, or with any Indian tribe,'', and ''the agency,

Indian tribe, or organization'' for ''the agency''.

Subsec. (d)(2), (3). Pub. L. 107-314, Sec. 311(2), (3), added

par. (2) and redesignated former par. (2) as (3). Former par. (3)

redesignated (4).

Subsec. (d)(4). Pub. L. 107-314, Sec. 2812(c)(3), added par. (4)

and struck out heading and text of former par. (4). Text read as

follows: ''In this subsection, the term 'Indian tribe' has the

meaning given such term in section 101(36) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9601(36)).''

Pub. L. 107-314, Sec. 311(2), redesignated par. (3) as (4).

Subsec. (i)(1). Pub. L. 107-217 substituted ''sections 3131 and

3133 of title 40'' for ''the Miller Act (40 U.S.C. 270a et seq.)'',

''section 3134 of title 40'' for ''the Act of April 29, 1941 (40

U.S.C. 270e-270f)'', and ''sections 3131 and 3133'' for ''the

Miller Act''.

Subsec. (k). Pub. L. 107-314, Sec. 312, added subsec. (k).

2001 - Subsec. (j)(1). Pub. L. 107-107 struck out '', or after

December 31, 1999'' before period at end.

1996 - Subsec. (d). Pub. L. 104-201 substituted '', with any

State or local government agency, or with any Indian tribe,'' for

'', or with any State or local government agency,'' in par. (1) and

added par. (3).

Pub. L. 104-106, Sec. 1504(a)(1), made technical correction to

directory language of Pub. L. 103-337, Sec. 322(1). See 1994

Amendment note below.

Pub. L. 104-106, Sec. 321(a)(1), amended subsec. (d) generally.

Prior to amendment, subsec. (d) read as follows: ''Services of

Other Agencies. -

''(1) In general. - The Secretary may enter into agreements on

a reimbursable basis with any other Federal agency, and on a

reimbursable or other basis with any State or local government

agency or any Indian tribe, to obtain the services of that agency

to assist the Secretary in carrying out any of the Secretary's

responsibilities under this section. Services which may be

obtained under this subsection include the identification,

investigation, and cleanup of any off-site contamination possibly

resulting from the release of a hazardous substance or waste at a

facility under the Secretary's jurisdiction.

''(2) Definition. - In this subsection, the term 'Indian tribe'

has the meaning given such term in section 101(36) of the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9601(36)).''

Subsec. (i)(1). Pub. L. 104-106, Sec. 4321(b)(22), substituted

''Miller Act (40 U.S.C. 270a et seq.)'' for ''Act of August 24,

1935 (40 U.S.C. 270a-270d), commonly referred to as the 'Miller

Act','' and ''the Miller Act'' for ''such Act of August 24, 1935''.

1994 - Subsec. (d). Pub. L. 103-337, Sec. 322(1), as amended by

Pub. L. 104-106, Sec. 1504(a)(1), designated existing provisions as

par. (1) and inserted par. (1) heading.

Subsec. (d)(1). Pub. L. 103-337, Sec. 322(2), inserted ''or any

Indian tribe'' after ''any State or local government agency''.

Subsec. (d)(2). Pub. L. 103-337, Sec. 322(3), added par. (2).

Subsec. (j)(1). Pub. L. 103-337, Sec. 323, substituted ''December

31, 1999'' for ''December 31, 1995''.

1993 - Subsec. (j)(2). Pub. L. 103-35 substituted ''(42 U.S.C.

9619(g)) applies'' for ''applies (42 U.S.C. 9619(g))''.

1992 - Subsec. (j). Pub. L. 102-484, Sec. 1052(35), substituted

''December 5, 1991,'' for ''the date of the enactment of the

National Defense Authorization Act for Fiscal Years 1992 and 1993''

in par. (1).

Pub. L. 102-484, Sec. 331(b), substituted ''December 31, 1995''

for ''December 31, 1992'', designated existing provisions as par.

(1), and added par. (2).

1991 - Subsecs. (h) to (j). Pub. L. 102-190 added subsecs. (h) to

(j).

1990 - Subsecs. (f), (g). Pub. L. 101-510 added subsecs. (f) and

(g).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1504(a) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Oct. 5, 1994, and as if

included in Pub. L. 103-337 as enacted.

For effective date and applicability of amendment by section

4321(b)(22) of Pub. L. 104-106, see section 4401 of Pub. L.

104-106, set out as a note under section 251 of Title 41, Public

Contracts.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

Pub. L. 106-398, Sec. 1 (div. C, title XXXI, Sec. 3138), Oct. 30,

2000, 114 Stat. 1654, 1654A-461, provided that:

''(a) Contingent Limitation on Availability of Funds for Certain

Travel Expenses. - Effective November 1, 2001, but subject to

subsection (b), no funds authorized to be appropriated or otherwise

made available by this or any other Act for the Department of

Energy or the Department of the Army may be obligated or expended

for travel by -

''(1) the Secretary of Energy or any officer or employee of the

Office of the Secretary of Energy; or

''(2) the Chief of Engineers.

''(b) Effective Date. - The limitation in subsection (a) shall

not take effect if before November 1, 2001, both of the following

certifications are submitted to the congressional defense

committees (Committees on Armed Services and Appropriations of the

Senate and the House of Representatives):

''(1) A certification by the Secretary of Energy that the

Department of Energy is in compliance with the requirements of

section 3131 of the National Defense Authorization Act for Fiscal

Year 2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701

note).

''(2) A certification by the Chief of Engineers that the Corps

of Engineers is in compliance with the requirements of that

section.

''(c) Termination. - If the limitation in subsection (a) takes

effect, the limitation shall cease to be in effect when both

certifications referred to in subsection (b) have been submitted to

the congressional defense committees.''

Pub. L. 106-65, div. C, title XXXI, Sec. 3131, Oct. 5, 1999, 113

Stat. 925, provided that: ''Notwithstanding any other provision of

law, no funds authorized to be appropriated or otherwise made

available by this Act (see Tables for classification), or by any

Act authorizing appropriations for the military activities of the

Department of Defense or the defense activities of the Department

of Energy for a fiscal year after fiscal year 2000, may be

obligated or expended to conduct treatment, storage, or disposal

activities at any site designated as a site under the Formerly

Utilized Site Remedial Action Program as of the date of the

enactment of this Act (Oct. 5, 1999).''

Pub. L. 106-60, title VI, Sec. 611, Sept. 29, 1999, 113 Stat.

502, provided that:

''(a) The Secretary of the Army, acting through the Chief of

Engineers, in carrying out the program known as the Formerly

Utilized Sites Remedial Action Program, shall undertake the

following functions and activities to be performed at eligible

sites where remediation has not been completed:

''(1) Sampling and assessment of contaminated areas.

''(2) Characterization of site conditions.

''(3) Determination of the nature and extent of contamination.

''(4) Selection of the necessary and appropriate response

actions as the lead Federal agency.

''(5) Cleanup and closeout of sites.

''(6) Any other functions and activities determined by the

Secretary of the Army, acting through the Chief of Engineers, as

necessary for carrying out that program, including the

acquisition of real estate interests where necessary, which may

be transferred upon completion of remediation to the

administrative jurisdiction of the Secretary of Energy.

''(b) Any response action under that program by the Secretary of

the Army, acting through the Chief of Engineers, shall be subject

to the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in this section

referred to as 'CERCLA'), and the National Oil and Hazardous

Substances Pollution Contingency Plan (40 CFR 300).

''(c) Any sums recovered under CERCLA or other authority from a

liable party, contractor, insurer, surety, or other person for any

expenditures by the Army Corps of Engineers or the Department of

Energy for response actions under that program shall be credited to

the amounts made available to carry out that program and shall be

available until expended for costs of response actions for any

eligible site.

''(d) The Secretary of Energy may exercise the authority under

section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to

make payments in lieu of taxes for federally owned property at

which activities under that program are carried out, regardless of

which Federal agency has administrative jurisdiction over the

property and notwithstanding any reference to 'the activities of

the Commission' in that section.

''(e) This section does not alter, curtail, or limit the

authorities, functions, or responsibilities of other agencies under

CERCLA or, except as stated in this section, under the Atomic

Energy Act of 1954 (42 U.S.C. 2011 et seq.).

''(f) This section shall apply to fiscal year 2000 and each

succeeding fiscal year.''

SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR ENVIRONMENTAL

CLEANUP OF OVERSEAS SITES FORMERLY USED BY DEPARTMENT OF DEFENSE

Pub. L. 105-261, div. A, title III, Sec. 321, Oct. 17, 1998, 112

Stat. 1962, provided that:

''(a) Notice of Negotiations. - The President shall notify

Congress before entering into any negotiations for the ex-gratia

settlement of the claims of a government of another country against

the United States for environmental cleanup of sites in that

country that were formerly used by the Department of Defense.

''(b) Authorization Required for Use of Funds for Payment of

Settlement. - No funds may be used for any payment under an

ex-gratia settlement of any claims described in subsection (a)

unless the use of the funds for that purpose is specifically

authorized by law or international agreement, including a treaty.''

RECOVERY AND SHARING OF COSTS OF ENVIRONMENTAL RESTORATION AT

DEPARTMENT OF DEFENSE SITES

Pub. L. 105-85, div. A, title III, Sec. 348, Nov. 18, 1997, 111

Stat. 1689, provided that:

''(a) Regulations. - Not later than March 1, 1998, the Secretary

of Defense shall prescribe regulations containing the guidelines

and requirements described in subsections (b) and (c).

''(b) Guidelines. - (1) The regulations prescribed under

subsection (a) shall contain uniform guidelines for the military

departments and defense agencies concerning the cost-recovery and

cost-sharing activities of those departments and agencies.

''(2) The Secretary shall take appropriate actions to ensure the

implementation of the guidelines.

''(c) Requirements. - The regulations prescribed under subsection

(a) shall contain requirements for the Secretaries of the military

departments and the heads of defense agencies to -

''(1) obtain all data that is relevant for purposes of

cost-recovery and cost-sharing activities; and

''(2) identify any negligence or other misconduct that may

preclude indemnification or reimbursement by the Department of

Defense for the costs of environmental restoration at a

Department site or justify the recovery or sharing of costs

associated with such restoration.

''(d) Definition. - In this section, the term 'cost-recovery and

cost-sharing activities' means activities concerning -

''(1) the recovery of the costs of environmental restoration at

Department of Defense sites from contractors of the Department

and other private parties that contribute to environmental

contamination at such sites; and

''(2) the sharing of the costs of such restoration with such

contractors and parties.''

PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION REDUCTION

INCENTIVES

Pub. L. 107-107, div. A, title III, Sec. 316(b), Dec. 28, 2001,

115 Stat. 1053, provided that:

''(1) The Secretary of Defense shall prepare a report concerning

the operation of the pilot program for the sale of economic

incentives for the reduction of emission of air pollutants

attributable to military facilities, as authorized by section 351

of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105-85; 10 U.S.C. 2701 note). The report shall -

''(A) detail all transactions that have been completed under

the pilot program, the dollar amount of each transaction, and the

number and type of air pollutants involved in each transaction;

''(B) evaluate the extent to which retention of the proceeds of

sales under the pilot program, as required by subsection (c) of

such section, has provided incentives for such sales;

''(C) evaluate the extent of any loss to the United States

Treasury associated with the pilot program; and

''(D) evaluate the environmental impact of the pilot program.

''(2) Not later than March 1, 2003, the Secretary shall submit

the report required by paragraph (1) to the Committee on Energy and

Commerce and the Committee on Armed Services of the House of

Representatives and the Committee on Environment and Public Works

and the Committee on Armed Services of the Senate.''

Pub. L. 105-85, div. A, title III, Sec. 351, Nov. 18, 1997, 111

Stat. 1692, as amended by Pub. L. 106-65, div. A, title III, Sec.

325, Oct. 5, 1999, 113 Stat. 563; Pub. L. 107-107, div. A, title

III, Sec. 316(a), Dec. 28, 2001, 115 Stat. 1053, provided that:

''(a) Authority. - (1) The Secretary of Defense may, in

consultation with the Administrator of General Services, carry out

a pilot program to assess the feasibility and advisability of the

sale of economic incentives for the reduction of emission of air

pollutants attributable to a facility of a military department.

''(2) The Secretary may not carry out the pilot program after

September 30, 2003.

''(b) Incentives Available for Sale. - (1) Under the pilot

program, the Secretary may sell economic incentives for the

reduction of emission of air pollutants attributable to a facility

of a military department only if such incentives are not otherwise

required for the activities or operations of the military

department.

''(2) The Secretary may not, under the pilot program, sell

economic incentives attributable to the closure or realignment of a

military installation under a base closure law.

''(3) If the Secretary determines that additional sales of

economic incentives are likely to result in amounts available for

allocation under subsection (c)(2) in a fiscal year in excess of

the limitation set forth in subparagraph (B) of that subsection,

the Secretary shall not carry out such additional sales in that

fiscal year.

''(c) Use of Proceeds. - (1) The proceeds of sale of economic

incentives attributable to a facility of a military department

shall be credited to the funds available to the facility for the

costs of identifying, quantifying, or valuing economic incentives

for the reduction of emission of air pollutants. The amount

credited shall be equal to the cost incurred in identifying,

quantifying, or valuing the economic incentives sold.

''(2)(A)(i) If after crediting under paragraph (1) a balance

remains, the amount of such balance shall be available to the

Department of Defense for allocation by the Secretary to the

military departments for programs, projects, and activities

necessary for compliance with Federal environmental laws, including

the purchase of economic incentives for the reduction of emission

of air pollutants.

''(ii) To the extent practicable, amounts allocated to the

military departments under this subparagraph shall be made

available to the facilities that generated the economic incentives

providing the basis for the amounts.

''(B) The total amount allocated under this paragraph in a fiscal

year from sales of economic incentives may not equal or exceed

$500,000.

''(3) If after crediting under paragraph (1) a balance remains in

excess of an amount equal to the limitation set forth in paragraph

(2)(B), the amount of the excess shall be covered over into the

Treasury as miscellaneous receipts.

''(4) Funds credited under paragraph (1) or allocated under

paragraph (2) shall be merged with the funds to which credited or

allocated, as the case may be, and shall be available for the same

purposes and for the same period as the funds with which merged.

''(d) Definitions. - In this section:

''(1) The term 'base closure law' means the following:

''(A) Section 2687 of title 10, United States Code.

''(B) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.

2687 note).

''(C) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(2) The term 'economic incentives for the reduction of

emission of air pollutants' means any transferable economic

incentives (including marketable permits and emission rights)

necessary or appropriate to meet air quality requirements under

the Clean Air Act (42 U.S.C. 7401 et seq.).''

AUTHORITY TO DEVELOP AND IMPLEMENT LAND USE PLANS FOR DEFENSE

ENVIRONMENTAL RESTORATION PROGRAM

Section 325 of Pub. L. 104-201 provided that:

''(a) Authority. - The Secretary of Defense may, to the extent

possible and practical, develop and implement, as part of the

Defense Environmental Restoration Program provided for in chapter

160 of title 10, United States Code, a land use plan for any

defense site selected by the Secretary under subsection (b).

''(b) Selection of Sites. - The Secretary may select up to 10

defense sites, from among sites where the Secretary is planning or

implementing environmental restoration activities, for which land

use plans may be developed under this section.

''(c) Requirement To Consult With Review Committee or Advisory

Board. - In developing a land use plan under this section, the

Secretary shall consult with a technical review committee

established pursuant to section 2705(c) of title 10, United States

Code, a restoration advisory board established pursuant to section

2705(d) of such title, a local land use redevelopment authority, or

another appropriate State agency.

''(d) 50-Year Planning Period. - A land use plan developed under

this section shall cover a period of at least 50 years.

''(e) Implementation. - For each defense site for which the

Secretary develops a land use plan under this section, the

Secretary shall take into account the land use plan in selecting

and implementing, in accordance with applicable law, environmental

restoration activities at the site.

''(f) Deadlines. - For each defense site for which the Secretary

intends to develop a land use plan under this section, the

Secretary shall develop a draft land use plan by October 1, 1997,

and a final land use plan by March 15, 1998.

''(g) Definition of Defense Site. - For purposes of this section,

the term 'defense site' means (A) any building, structure,

installation, equipment, pipe or pipeline (including any pipe into

a sewer or publicly owned treatment works), well, pit, pond,

lagoon, impoundment, ditch, landfill, storage container, motor

vehicle, rolling stock, or aircraft under the jurisdiction of the

Department of Defense, or (B) any site or area under the

jurisdiction of the Department of Defense where a hazardous

substance has been deposited, stored, disposed of, or placed, or

otherwise come to be located; but does not include any consumer

product in consumer use or any vessel.

''(h) Report. - In the annual report required under section

2706(a) of title 10, United States Code, the Secretary shall

include information on the land use plans developed under this

section and the effect such plans have had on environmental

restoration activities at the defense sites where they have been

implemented. The annual report submitted in 1999 shall include

recommendations on whether such land use plans should be developed

and implemented throughout the Department of Defense.

''(i) Savings Provisions. - (1) Nothing in this section, or in a

land use plan developed under this section with respect to a

defense site, shall be construed as requiring any modification to a

land use plan that was developed before the date of the enactment

of this Act (Sept. 23, 1996).

''(2) Nothing in this section may be construed to affect

statutory requirements for an environmental restoration or waste

management activity or project or to modify or otherwise affect

applicable statutory or regulatory environmental restoration and

waste management requirements, including substantive standards

intended to protect public health and the environment, nor shall

anything in this section be construed to preempt or impair any

local land use planning or zoning authority or State authority.''

FISCAL YEAR 1996 RESTRICTIONS ON REIMBURSEMENTS UNDER AGREEMENTS

FOR SERVICES OF OTHER AGENCIES

Section 321(a)(2) of Pub. L. 104-106, as amended by Pub. L.

105-85, div. A, title X, Sec. 1073(d)(1)(A), Nov. 18, 1997, 111

Stat. 1905, provided that:

''(A) Except as provided in subparagraph (B), the total amount of

funds available for reimbursements under agreements entered into

under section 2701(d) of title 10, United States Code, as amended

by paragraph (1), in fiscal year 1996 may not exceed $10,000,000.

''(B) The Secretary of Defense may pay in fiscal year 1996 an

amount for reimbursements under agreements referred to in

subparagraph (A) in excess of the amount specified in that

subparagraph for that fiscal year if -

''(i) the Secretary certifies to Congress that the payment of

the amount under this subparagraph is essential for the

management of the Defense Environmental Restoration Program under

chapter 160 of title 10, United States Code; and

''(ii) a period of 60 days has expired after the date on which

the certification is received by Congress.''

ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR DEFENSE PERSONNEL

Section 328 of Pub. L. 103-337 provided that:

''(a) Establishment. - The Secretary of Defense shall establish

and conduct an education and training program for members of the

Armed Forces and civilian employees of the Department of Defense

whose responsibilities include planning or executing the

environmental mission of the Department. The Secretary shall

conduct the program to ensure that such members and employees

obtain and maintain the knowledge and skill required to comply with

existing environmental laws and regulations.

''(b) Identification of Military Facilities With Environmental

Training Expertise. - As part of the program, the Secretary may

identify military facilities that have existing expertise (or the

capacity to develop such expertise) in conducting education and

training activities in various environmental disciplines. In the

case of a military facility identified under this subsection, the

Secretary should encourage the use of the facility by members and

employees referred to in subsection (a) who are not under the

jurisdiction of the military department operating the facility.''

GRANTS TO INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE EDUCATION AND

TRAINING IN ENVIRONMENTAL RESTORATION TO DISLOCATED DEFENSE WORKERS

AND YOUNG ADULTS

Pub. L. 103-160, div. A, title XIII, Sec. 1333, Nov. 30, 1993,

107 Stat. 1798, as amended by Pub. L. 103-337, div. A, title X,

Sec. 1070(b)(11), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105-244,

title I, Sec. 102(a)(2)(D), Oct. 7, 1998, 112 Stat. 1617; Pub. L.

105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(d)(8), (f)(7)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-420, 2681-430, provided

that:

''(a) Grant Program Authorized. - (1) The Secretary of Defense

may establish a program to provide demonstration grants to

institutions of higher education to assist such institutions in

providing education and training in environmental restoration and

hazardous waste management to eligible dislocated defense workers

and young adults described in subsection (d). The Secretary shall

award the grants pursuant to a merit-based selection process.

''(2) A grant provided under this subsection may cover a period

of not more than three fiscal years, except that the payments under

the grant for the second and third fiscal year shall be subject to

the approval of the Secretary and to the availability of

appropriations to carry out this section in that fiscal year.

''(b) Application. - To be eligible for a grant under subsection

(a), an institution of higher education shall submit an application

to the Secretary at such time, in such form, and containing such

information as the Secretary may require. The application shall

include the following:

''(1) An assurance by the institution of higher education that

it will use the grant to supplement and not supplant non-Federal

funds that would otherwise be available for the education and

training activities funded by the grant.

''(2) A proposal by the institution of higher education to

provide expertise, training, and education in hazardous materials

and waste management and other environmental fields applicable to

defense manufacturing sites and Department of Defense and

Department of Energy defense facilities.

''(c) Use of Grant Funds. - (1) An institution of higher

education receiving a grant under subsection (a) shall use the

grant to establish a consortium consisting of the institution and

one or more of each of the entities described in paragraph (2) for

the purpose of establishing and conducting a program to provide

education and training in environmental restoration and waste

management to eligible individuals described in subsection (d). To

the extent practicable, the Secretary shall authorize the

consortium to use a military installation closed or selected to be

closed under a base closure law in providing on-site basic skills

training to participants in the program.

''(2) The entities referred to in paragraph (1) are the

following:

''(A) Appropriate State and local agencies.

''(B) local (sic) workforce investment boards established under

section 117 of the Workforce Investment Act of 1998 (29 U.S.C.

2832).

''(C) Community-based organizations (as defined in section 4(5)

of such Act (29 U.S.C. 1503(5)).

''(D) Businesses.

''(E) Organized labor.

''(F) Other appropriate educational institutions.

''(d) Eligible Individuals. - A program established or conducted

using funds provided under subsection (a) may provide education and

training in environmental restoration and waste management to -

''(1) individuals who have been terminated or laid off from

employment (or have received notice of termination or lay off) as

a consequence of reductions in expenditures by the United States

for defense, the cancellation, termination, or completion of a

defense contract, or the closure or realignment of a military

installation under a base closure law, as determined in

accordance with regulations prescribed by the Secretary; or

''(2) individuals who have attained the age of 16 but not the

age of 25.

''(e) Elements of Education and Training Program. - In

establishing or conducting an education and training program using

funds provided under subsection (a), the institution of higher

education shall meet the following requirements:

''(1) The institution of higher education shall establish and

provide a work-based learning system consisting of education and

training in environmental restoration -

''(A) which may include basic educational courses, on-site

basic skills training, and mentor assistance to individuals

described in subsection (d) who are participating in the

program; and

''(B) which may lead to the awarding of a certificate or

degree at the institution of higher education.

''(2) The institution of higher education shall undertake

outreach and recruitment efforts to encourage participation by

eligible individuals in the education and training program.

''(3) The institution of higher education shall select

participants for the education and training program from among

eligible individuals described in paragraph (1) or (2) of

subsection (d).

''(4) To the extent practicable, in the selection of young

adults described in subsection (d)(2) to participate in the

education and training program, the institution of higher

education shall give priority to those young adults who -

''(A) have not attended and are otherwise unlikely to be able

to attend an institution of higher education; or

''(B) have, or are members of families who have, received a

total family income that, in relation to family size, is not in

excess of the higher of -

''(i) the official poverty line (as defined by the Office

of Management and Budget, and revised annually in accordance

with section 673(2) of the Omnibus Budget Reconciliation Act

of 1981 (42 U.S.C. 9902(2))); or

''(ii) 70 percent of the lower living standard income

level.

''(5) To the extent practicable, the institution of higher

education shall select instructors for the education and training

program from institutions of higher education, appropriate

community programs, and industry and labor.

''(6) To the extent practicable, the institution of higher

education shall consult with appropriate Federal, State, and

local agencies carrying out environmental restoration programs

for the purpose of achieving coordination between such programs

and the education and training program conducted by the

consortium.

''(f) Selection of Grant Recipients. - To the extent practicable,

the Secretary shall provide grants to institutions of higher

education under subsection (a) in a manner which will equitably

distribute such grants among the various regions of the United

States.

''(g) Limitation on Amount of Grant to a Single Recipient. - The

amount of a grant under subsection (a) that may be made to a single

institution of higher education in a fiscal year may not exceed 1/3

of the amount made available to provide grants under such

subsection for that fiscal year.

''(h) Reporting Requirements. - (1) The Secretary may provide a

grant to an institution of higher education under subsection (a)

only if the institution agrees to submit to the Secretary, in each

fiscal year in which the Secretary makes payments under the grant

to the institution, a report containing -

''(A) a description and evaluation of the education and

training program established by the consortium formed by the

institution under subsection (c); and

''(B) such other information as the Secretary may reasonably

require.

''(2) Not later than 18 months after the date of the enactment of

this Act (Nov. 30, 1993), the Secretary shall submit to the

President and Congress an interim report containing -

''(A) a compilation of the information contained in the reports

received by the Secretary from each institution of higher

education under paragraph (1); and

''(B) an evaluation of the effectiveness of the demonstration

grant program authorized by this section.

''(3) Not later than January 1, 1997, the Secretary shall submit

to the President and Congress a final report containing -

''(A) a compilation of the information described in the interim

report; and

''(B) a final evaluation of the effectiveness of the

demonstration grant program authorized by this section, including

a recommendation as to the feasibility of continuing the program.

''(i) Definitions. - For purposes of this section:

''(1) Base closure law. - The term 'base closure law' means the

following:

''(A) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(B) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.

2687 note).

''(C) Section 2687 of title 10, United States Code.

''(D) Any other similar law enacted after the date of the

enactment of this Act (Nov. 30, 1993).

''(2) Environmental restoration. - The term 'environmental

restoration' means actions taken consistent with a permanent

remedy to prevent or minimize the release of hazardous substances

into the environment so that such substances do not migrate to

cause substantial danger to present or future public health or

welfare or the environment.

''(3) Institution of higher education. - The term 'institution

of higher education' has the meaning given such term in section

101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

''(4) Secretary. - The term 'Secretary' means the Secretary of

Defense.

''(j) Conforming Repeal. - Section 4452 of the Defense

Conversion, Reinvestment, and Transition Assistance Act of 1992

(division D of Public Law 102-484; 10 U.S.C. 2701 note) is

repealed.''

ENVIRONMENTAL EDUCATION OPPORTUNITIES PROGRAM

Pub. L. 103-160, div. A, title XIII, Sec. 1334, Nov. 30, 1993,

107 Stat. 1801, as amended by Pub. L. 105-244, title I, Sec.

102(a)(2)(E), Oct. 7, 1998, 112 Stat. 1617, provided that:

''(a) Authority. - The Secretary of Defense, in consultation with

the Secretary of Energy and the Administrator of the Environmental

Protection Agency, may establish a scholarship program in order to

enable eligible individuals described in subsection (d) to

undertake the educational training or activities relating to

environmental engineering, environmental sciences, or environmental

project management in fields related to hazardous waste management

and cleanup described in subsection (b) at the institutions of

higher education described in subsection (c).

''(b) Educational Training or Activities. - (1) The program

established under subsection (a) shall be limited to educational

training or activities related to -

''(A) site remediation;

''(B) site characterization;

''(C) hazardous waste management;

''(D) hazardous waste reduction;

''(E) recycling;

''(F) process and materials engineering;

''(G) training for positions related to environmental

engineering, environmental sciences, or environmental project

management (including training for management positions); and

''(H) environmental engineering with respect to the

construction of facilities to address the items described in

subparagraphs (A) through (G).

''(2) The program established under subsection (a) shall be

limited to educational training or activities designed to enable

individuals to achieve specialization in the following fields:

''(A) Earth sciences.

''(B) Chemistry.

''(C) Chemical Engineering.

''(D) Environmental engineering.

''(E) Statistics.

''(F) Toxicology.

''(G) Industrial hygiene.

''(H) Health physics.

''(I) Environmental project management.

''(c) Eligible Institutions of Higher Education. - Scholarship

funds awarded under this section shall be used by individuals

awarded scholarships to enable such individuals to attend

institutions of higher education associated with hazardous

substance research centers to enable such individuals to undertake

a program of educational training or activities described in

subsection (b) that leads to an undergraduate degree, a graduate

degree, or a degree or certificate that is supplemental to an

academic degree.

''(d) Eligible Individuals. - Individuals eligible for

scholarships under the program established under subsection (a) are

the following:

''(1) Any member of the Armed Forces who -

''(A) was on active duty or full-time National Guard duty on

September 30, 1990;

''(B) during the 5-year period beginning on that date -

''(i) is involuntarily separated (as defined in section

1141 of title 10, United States Code) from active duty or

full-time National Guard duty; or

''(ii) is separated from active duty or full-time National

Guard duty pursuant to a special separation benefits program

under section 1174a of title 10, United States Code, or the

voluntary separation incentive program under section 1175 of

that title; and

''(C) is not entitled to retired or retainer pay incident to

that separation.

''(2) Any civilian employee of the Department of Energy or the

Department of Defense (other than an employee referred to in

paragraph (3)) who -

''(A) is terminated or laid off from such employment during

the five-year period beginning on September 30, 1990, as a

result of reductions in defense-related spending (as determined

by the appropriate Secretary); and

''(B) is not entitled to retired or retainer pay incident to

that termination or lay off.

''(3) Any civilian employee of the Department of Defense whose

employment at a military installation approved for closure or

realignment under a base closure law is terminated as a result of

such closure or realignment.

''(e) Award of Scholarship. - (1)(A) The Secretary of Defense

shall award scholarships under this section to such eligible

individuals as the Secretary determines appropriate pursuant to

regulations or policies promulgated by the Secretary.

''(B) In awarding a scholarship under this section, the Secretary

shall -

''(i) take into consideration the extent to which the

qualifications and experience of the individual applying for the

scholarship prepared such individual for the educational training

or activities to be undertaken; and

''(ii) award a scholarship only to an eligible individual who

has been accepted for enrollment in the institution of higher

education described in subsection (c) and providing the

educational training or activities for which the scholarship

assistance is sought.

''(2) The Secretary of Defense shall determine the amount of the

scholarships awarded under this section, except that the amount of

scholarship assistance awarded to any individual under this section

may not exceed -

''(A) $10,000 in any 12-month period; and

''(B) a total of $20,000.

''(f) Application; Period for Submission. - (1) Each individual

desiring a scholarship under this section shall submit an

application to the Secretary of Defense in such manner and

containing or accompanied by such information as the Secretary may

reasonably require.

''(2) A member of the Armed Forces described in subsection (d)(1)

who desires to apply for a scholarship under this section shall

submit an application under this subsection not later than 180 days

after the date of the separation of the member. In the case of

members described in subsection (d)(1) who were separated before

the date of the enactment of this Act (Nov. 30, 1993), the

Secretary shall accept applications from these members submitted

during the 180-day period beginning on the date of the enactment of

this Act.

''(3) A civilian employee described in paragraph (2) or (3) of

subsection (d) who desires to apply for a scholarship under this

section, but who receives no prior notice of such termination or

lay off, may submit an application under this subsection at any

time after such termination or lay off. A civilian employee

described in paragraph (1) or (2) of subsection (d) who receives a

notice of termination or lay off shall submit an application not

later than 180 days before the effective date of the termination or

lay off. In the case of employees described in such paragraphs who

were terminated or laid off before the date of the enactment of

this Act (Nov. 30, 1993), the Secretary shall accept applications

from these employees submitted during the 180-day period beginning

on the date of the enactment of this Act.

''(g) Repayment. - (1) Any individual receiving scholarship

assistance from the Secretary of Defense under this section shall

enter into an agreement with the Secretary under which the

individual agrees to pay to the United States the total amount of

the scholarship assistance provided to the individual by the

Secretary under this section, plus interest at the rate prescribed

in paragraph (4), if the individual does not complete the

educational training or activities for which such assistance is

provided.

''(2) If an individual fails to pay to the United States the

total amount required pursuant to paragraph (1), including the

interest, at the rate prescribed in paragraph (4), the unpaid

amount shall be recoverable by the United States from the

individual or such individual's estate by -

''(A) in the case of an individual who is an employee of the

United States, set off against accrued pay, compensation, amount

of retirement credit, or other amount due the employee from the

United States; and

''(B) such other method as is provided by law for the recovery

of amounts owing to the United States.

''(3) The Secretary of Defense may waive in whole or in part a

required repayment under this subsection if the Secretary

determines that the recovery would be against equity and good

conscience or would be contrary to the best interests of the United

States.

''(4) The total amount of scholarship assistance provided to an

individual under this section, for purposes of repayment under this

subsection, shall bear interest at the applicable rate of interest

under section 427A(c) of the Higher Education Act of 1965 (20

U.S.C. 1077a(c)).

''(h) Coordination of Benefits. - Any scholarship assistance

provided to an individual under this section shall be taken into

account in determining the eligibility of the individual for

Federal student financial assistance provided under title IV of the

Higher Education Act of 1965 (20 U.S.C. 1070 et seq. (and 42 U.S.C.

2751 et seq.)).

''(i) Report to Congress. - Not later than January 1, 1995, the

Secretary of Defense, in consultation with the Secretary of Energy

and the Administrator of the Environmental Protection Agency, shall

submit to the Congress a report describing the activities

undertaken under the program authorized by subsection (a) and

containing recommendations for future activities under the program.

''(j) Funding. - (1) To carry out the scholarship program

authorized by subsection (a), the Secretary of Defense may use the

unobligated balance of funds made available pursuant to section

4451(k) of the National Defense Authorization Act for Fiscal Year

1993 (Public Law 102-484; 10 U.S.C. 2701 note) for fiscal year 1993

for environmental scholarship and fellowship programs for the

Department of Defense.

''(2) The cost of carrying out the program authorized by

subsection (a) may not exceed $8,000,000 in any fiscal year.

''(k) Definitions. - For purposes of this section:

''(1) The term 'base closure law' means the following:

''(A) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.

2687 note).

''(B) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

''(2) The term 'hazardous substance research centers' means the

hazardous substance research centers described in section 311(d)

of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9660(d)). Such term includes the

Great Plains and Rocky Mountain Hazardous Substance Research

Center, the Northeast Hazardous Substance Research Center, the

Great Lakes and Mid-Atlantic Hazardous Substance Research Center,

the South and Southwest Hazardous Substance Research Center, and

the Western Region Hazardous Substance Research Center.

''(3) The term 'institution of higher education' has the same

meaning given such term in section 101 of the Higher Education

Act of 1965 (20 U.S.C. 1001).''

TRAINING AND EMPLOYMENT OF DEPARTMENT OF DEFENSE EMPLOYEES TO CARRY

OUT ENVIRONMENTAL RESTORATION AT MILITARY INSTALLATIONS TO BE

CLOSED

Pub. L. 103-160, div. A, title XIII, Sec. 1335, Nov. 30, 1993,

107 Stat. 1804, provided that:

''(a) Training Program. - The Secretary of Defense may establish

a program to provide such training to eligible civilian employees

of the Department of Defense as the Secretary considers to be

necessary to qualify such employees to carry out environmental

assessment, remediation, and restoration activities (including

asbestos abatement) at military installations closed or to be

closed.

''(b) Employment of Graduates. - In the case of eligible civilian

employees of the Department of Defense who successfully complete

the training program established pursuant to subsection (a), the

Secretary may -

''(1) employ such employees to carry out environmental

assessment, remediation, and restoration activities at military

installations referred to in subsection (a); or

''(2) require, as a condition of a contract for the private

performance of such activities at such an installation, the

contractor to be engaged in carrying out such activities to

employ such employees.

''(c) Eligible Employees. - Eligibility for selection to

participate in the training program under subsection (a) shall be

limited to those civilian employees of the Department of Defense

whose employment would be terminated by reason of the closure of a

military installation if not for the selection of the employees to

participate in the training program.

''(d) Priority in Training and Employment. - The Secretary shall

give priority in providing training and employment under this

section to eligible civilian employees employed at a military

installation the closure of which will directly result in the

termination of the employment of at least 1,000 civilian employees

of the Department of Defense.

''(e) Effect on Other Environmental Requirements. - Nothing in

this section shall be construed to revise or modify any requirement

established under Federal or State law relating to environmental

assessment, remediation, or restoration activities at military

installations closed or to be closed.''

COOPERATIVE AGREEMENTS AND GRANTS TO IMPLEMENT LEGACY RESOURCE

MANAGEMENT PROGRAM

Pub. L. 103-139, title II, Nov. 11, 1993, 107 Stat. 1422,

provided in part: ''That notwithstanding the provisions of the

Federal Cooperative Grant and Agreement Act of 1977 (31 U.S.C.

6303-6308), the Department of Defense may hereafter negotiate and

enter into cooperative agreements and grants with public and

private agencies, organizations, institutions, individuals or other

entities to implement the purposes of the Legacy Resource

Management Program''.

PILOT PROGRAM FOR EXPEDITED ENVIRONMENTAL RESPONSE ACTIONS

Section 323 of Pub. L. 102-484 provided that:

''(a) Establishment. - The Secretary of Defense shall establish a

pilot program to expedite the performance of on-site environmental

restoration at -

''(1) military installations scheduled for closure under title

II of the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);

''(2) military installations scheduled for closure under the

Defense Base Closure and Realignment Act of 1990 (part A of title

XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and

''(3) facilities for which the Secretary is responsible under

the Defense Environmental Restoration Program established under

section 2701 of title 10, United States Code.

''(b) Selection of Installations and Facilities. - (1) For

participation in the pilot program, the Secretary shall select -

''(A) 2 military installations referred to in subsection

(a)(1);

''(B) 4 military installations referred to in subsection

(a)(2), consisting of -

''(i) 2 military installations scheduled for closure as of

the date of the enactment of this Act (Oct. 23, 1992); and

''(ii) 2 military installations included in the list

transmitted by the Secretary no later than April 15, 1993,

pursuant to section 2903(c)(1) of the Defense Base Closure and

Realignment Act of 1990 (Pub. L. 101-510) (10 U.S.C. 2687 note)

and recommended in a report transmitted by the President in

that year pursuant to section 2903(e) of such Act and for which

a joint resolution disapproving such recommendations is not

enacted by the deadline set forth in section 2904(b) of such

Act (10 U.S.C. 2687 note); and

''(C) not less than 4 facilities referred to in subsection

(a)(3) with respect to each military department.

''(2)(A) Except as provided in subparagraph (B), the selections

under paragraph (1) shall be made not later than 60 days after the

date of the enactment of this Act.

''(B) The selections under paragraph (1) of military

installations described in subparagraph (B)(ii) of such paragraph

shall be made not later than 60 days after the date on which the

deadline (set forth in section 2904(b) of such Act) for enacting a

joint resolution of disapproval with respect to the report

transmitted by the President has passed.

''(3) The installations and facilities selected under paragraph

(1) shall be representative of -

''(A) a variety of the environmental restoration activities

required for facilities under the Defense Environmental

Restoration Program and for military installations scheduled for

closure under the Defense Authorization Amendments and Base

Closure and Realignment Act (10 U.S.C. 2687 note) (see Short

Title of 1988 Amendment note under 10 U.S.C. 2687) and the

Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687

note); and

''(B) the different sizes of such environmental restoration

activities to provide, to the maximum extent practicable,

opportunities for the full range of business sizes to enter into

environmental restoration contracts with the Department of

Defense and with prime contractors to perform activities under

the pilot program.

''(c) Execution of Program. - Subject to subsection (d), and to

the maximum extent possible, the Secretary shall, in order to

eliminate redundant tasks and to accelerate environmental

restoration at military installations, use the authorities granted

in existing law to carry out the pilot program, including -

''(1) the development and use of innovative contracting

techniques;

''(2) the use of all reasonable and appropriate methods to

expedite necessary Federal and State administrative decisions,

agreements, and concurrences; and

''(3) the use (including any necessary request for the use) of

existing authorities to ensure that environmental restoration

activities under the pilot program are conducted expeditiously,

with particular emphasis on activities that may be conducted in

advance of any final plan for environmental restoration.

''(d) Program Principles. - The Secretary shall carry out the

pilot program consistent with the following principles:

''(1) Activities of the pilot program shall be carried out

subject to and in accordance with all applicable Federal and

State laws and regulations.

''(2) Competitive procedures shall be used to select the

contractors.

''(3) The experience and ability of the contractors shall be

considered, in addition to cost, as a factor to be evaluated in

the selection of the contractors.

''(e) Program Restrictions. - The pilot program established in

this section shall not result in the delay of environmental

restoration activities at other military installations and former

sites of the Department of Defense.''

OVERSEAS ENVIRONMENTAL RESTORATION

Section 324 of Pub. L. 102-484 provided that:

''(a) Sense of Congress. - It is the sense of the Congress that

in carrying out environmental restoration activities at military

installations outside the United States, the President should seek

to obtain an equitable division of the costs of environmental

restoration with the nation in which the installation is located.

''(b) Report. - The Secretary of Defense shall include in each

Report on Allied Contributions to the Common Defense prepared under

section 1003 of Public Law 98-525 (22 U.S.C. 1928 (note))

information, in classified and unclassified form, describing the

efforts undertaken and the progress made by the President in

carrying out subsection (a) during the period covered by the

report.''

ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PROGRAMS FOR DEPARTMENT OF

DEFENSE

Section 4451 of Pub. L. 102-484, as amended by Pub. L. 105-244,

title I, Sec. 102(a)(2)(F), Oct. 7, 1998, 112 Stat. 1617, provided

that:

''(a) Establishment. - The Secretary of Defense (hereinafter in

this section referred to as the 'Secretary') may conduct

scholarship and fellowship programs for the purpose of enabling

individuals to qualify for employment in the field of environmental

restoration or other environmental programs in the Department of

Defense.

''(b) Eligibility. - To be eligible to participate in the

scholarship or fellowship program, an individual must -

''(1) be accepted for enrollment or be currently enrolled as a

full-time student at an institution of higher education (as

defined in section 101 of the Higher Education Act of 1965 (20

U.S.C. 1001));

''(2) be pursuing a program of education that leads to an

appropriate higher education degree in engineering, biology,

chemistry, or another qualifying field related to environmental

activities, as determined by the Secretary;

''(3) sign an agreement described in subsection (c);

''(4) be a citizen or national of the United States or be an

alien lawfully admitted to the United States for permanent

residence; and

''(5) meet any other requirements prescribed by the Secretary.

''(c) Agreement. - An agreement between the Secretary and an

individual participating in a scholarship or fellowship established

in subsection (a) shall be in writing, shall be signed by the

individual, and shall include the following provisions:

''(1) The agreement of the Secretary to provide the individual

with educational assistance for a specified number of school

years (not to exceed 5 years) during which the individual is

pursuing a course of education in a qualifying field. The

assistance may include payment of tuition, fees, books,

laboratory expenses, and (in the case of a fellowship) a stipend.

''(2) The agreement of the individual to perform the following:

''(A) Accept such educational assistance.

''(B) Maintain enrollment and attendance in the educational

program until completed.

''(C) Maintain, while enrolled in the educational program,

satisfactory academic progress as prescribed by the institution

of higher education in which the individual is enrolled.

''(D) Serve, upon completion of the educational program and

selection by the Secretary under subsection (e), as a full-time

employee in an environmental restoration or other environmental

position in the Department of Defense for the applicable period

of service specified in subsection (d).

''(d) Period of Service. - The period of service required under

subsection (c)(2)(D) is as follows:

''(1) For an individual who completes a bachelor's degree under

a scholarship program established under subsection (a), a period

of 12 months for each school year or part thereof for which the

individual is provided a scholarship under the program.

''(2) For an individual who completes a master's degree or

other post-graduate degree under a fellowship program established

under subsection (a), a period of 24 months for each school year

or part thereof for which the individual is provided a fellowship

under the program.

''(e) Selection for Service. - The Secretary shall annually

review the number and performance under the agreement of

individuals who complete educational programs during the preceding

year under any scholarship and fellowship programs conducted

pursuant to subsection (a). From among such individuals, the

Secretary shall select individuals for environmental positions in

the Department of Defense, based on the type and availability of

such positions.

''(f) Repayment. - (1) Any individual participating in a

scholarship or fellowship program under this section shall agree to

pay to the United States the total amount of educational assistance

provided to the individual under the program, plus interest at the

rate prescribed in paragraph (4), if -

''(A) the individual does not complete the educational program

as agreed to pursuant to subsection (c)(2)(B), or is selected by

the Secretary under subsection (e) but declines to serve, or

fails to complete the service, in a position in the Department of

Defense as agreed to pursuant to subsection (c)(2)(D); or

''(B) the individual is involuntarily separated for cause from

the Department of Defense before the end of the period for which

the individual has agreed to continue in the service of the

Department of Defense.

''(2) If an individual fails to fulfill the agreement of the

individual to pay to the United States the total amount of

educational assistance provided under a program established under

subsection (a), plus interest at the rate prescribed in paragraph

(4), a sum equal to the amount of the educational assistance (plus

such interest, if applicable) shall be recoverable by the United

States from the individual or his estate by -

''(A) in the case of an individual who is an employee of the

Department of Defense or other Federal agency, set off against

accrued pay, compensation, amount of retirement credit, or other

amount due the employee from the United States; and

''(B) such other method provided by law for the recovery of

amounts owing to the United States.

''(3) The Secretary may waive in whole or in part a required

repayment under this subsection if the Secretary determines the

recovery would be against equity and good conscience or would be

contrary to the best interests of the United States.

''(4) The total amount of educational assistance provided to an

individual under a program established under subsection (a) shall,

for purposes of repayment under this section, bear interest at the

applicable rate of interest under section 427A(c) of the Higher

Education Act of 1965 (20 U.S.C. 1077a(c)).

''(g) Preference. - In evaluating applicants for the award of a

scholarship or fellowship under a program established under

subsection (a), the Secretary shall give a preference to -

''(1) individuals who are, or have been, employed by the

Department of Defense or its contractors and subcontractors who

have been engaged in defense-related activities; and

''(2) individuals who are or have been members of the Armed

Forces.

''(h) Coordination of Benefits. - A scholarship or fellowship

awarded under this section shall be taken into account in

determining the eligibility of the individual for Federal student

financial assistance provided under title IV of the Higher

Education Act of 1965 (20 U.S.C. 1070 et seq.).

''(i) Award of Scholarships and Fellowships. - The Secretary may

award to qualified applicants not more than 100 scholarships (for

undergraduate students) and not more than 30 fellowships (for

graduate students) in fiscal year 1993.

''(j) Report to Congress. - Not later than January 1, 1994, the

Secretary shall submit to the Congress a report on activities

undertaken under the programs established under subsection (a) and

recommendations for future activities under the programs.

''(k) Funding for Fiscal Year 1993. - Of the amount authorized to

be appropriated in section 301(5) (106 Stat. 2360) -

''(1) $7,000,000 shall be available to carry out the

scholarship and fellowship programs established in subsection

(a); and

''(2) $3,000,000 shall be available to provide training to

Department of Defense personnel to obtain the skills required to

comply with existing environmental statutory and regulatory

requirements.''

GRANTS TO INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE TRAINING IN

ENVIRONMENTAL RESTORATION AND HAZARDOUS WASTE MANAGEMENT

Section 4452 of Pub. L. 102-484 authorized the Secretary of

Defense to establish a program to assist institutions of higher

education, as defined in former section 1141(a) of Title 20,

Education, to provide education and training in environmental

restoration and hazardous waste management and to award grants to

such institutions, prior to repeal by Pub. L. 103-160, div. A,

title XIII, Sec. 1333(j), Nov. 30, 1993, 107 Stat. 1800. See

section 1333 of Pub. L. 103-160, set out above.

POLICIES AND REPORT ON OVERSEAS ENVIRONMENTAL COMPLIANCE

Section 342(b) of Pub. L. 101-510 provided that:

''(1) The Secretary of Defense shall develop a policy for

determining applicable environmental requirements for military

installations located outside the United States. In developing the

policy, the Secretary shall ensure that the policy gives

consideration to adequately protecting the health and safety of

military and civilian personnel assigned to such installations.

''(2) The Secretary of Defense shall develop a policy for

determining the responsibilities of the Department of Defense with

respect to cleaning up environmental contamination that may be

present at military installations located outside the United

States. In developing the policy, the Secretary shall take into

account applicable international agreements (such as Status of

Forces agreements), multinational or joint use and operation of

such installations, relative share of the collective defense

burden, and negotiated accommodations.

''(3) The Secretary of Defense shall develop a policy and

strategy to ensure adequate oversight of compliance with applicable

environmental requirements and responsibilities of the Department

of Defense determined under the policies developed under paragraphs

(1) and (2). In developing the policy, the Secretary shall consider

using the Inspector General of the Department of Defense to ensure

active and forceful oversight.

''(4) At the same time the President submits to Congress his

budget for fiscal year 1993 pursuant to section 1105 of title 31,

United States Code, the Secretary of Defense shall submit to

Congress a report describing the policies developed under

paragraphs (1), (2), and (3). The report also shall include a

discussion of the role of the Inspector General of the Department

of Defense in overseeing environmental compliance at military

installations outside the United States.

''(5) For purposes of this subsection, the term 'military

installation' means a base, camp, post, station, yard, center, or

other activity under the jurisdiction of the Secretary of a

military department which is located outside the United States and

outside any territory, commonwealth, or possession of the United

States.''

ENVIRONMENTAL EDUCATION PROGRAM FOR DEPARTMENT OF DEFENSE PERSONNEL

Section 344 of Pub. L. 101-510 directed Secretary of Defense to

establish a program for the purpose of educating Department of

Defense personnel in environmental management and, not later than

date on which President submits budget for FY 1992 to Congress

pursuant to 31 U.S.C. 1105(a), to submit to Congress

recommendations regarding whether program should be continued after

Sept. 30, 1991.

USE OF OZONE DEPLETING SUBSTANCES WITHIN DEPARTMENT OF DEFENSE

Section 325 of Pub. L. 102-484 provided that:

''(a) Evaluation of Use of Class I Substances. - The Director of

the Defense Logistics Agency shall evaluate the use of class I

substances by the military departments and Defense Agencies. In

carrying out the evaluation, the Director shall -

''(1) determine the quantity of each class I substance that -

''(A) is held in the inventory of each military department

and Defense Agency on December 31, 1992;

''(B) will be used by each military department and Defense

Agency during 1992; and

''(C) will be used by each military department and Defense

Agency in each of 1993, 1994, and 1995;

''(2) determine the quantity of each class I substance in the

inventory of the military departments and Defense Agencies in

each of 1993, 1994, and 1995 that can be reclaimed or recycled

and reused by the military departments and Defense Agencies;

''(3) determine the type and quantity of class I substances

whose use will be critical to the missions of the military

departments and Defense Agencies after 1995;

''(4) determine the type and quantity of class I substances

that must be stockpiled after 1995 in order to ensure the

availability of such substances, including the availability of

used, reclaimed, or recycled class I substances for the missions

referred to in paragraph (3);

''(5) review the plans, if any, to reclaim, recycle, reuse, and

maintain the stockpile referred to in paragraph (4); and

''(6) identify each specific site, facility, or vessel in

connection with which the Secretary of Defense will seek an

exemption pursuant to section 604(f) of the Clean Air Act (42

U.S.C. 7671c(f)) to permit the continued production or use of

class I substances, and the type and quantity of each class I

substance that will be produced or used in connection with the

site, facility, or vessel.

''(b) Evaluation of Use of Class II Substances. - The Director of

the Defense Logistics Agency shall evaluate the use of class II

substances by the military departments and Defense Agencies. In

carrying out the evaluation, the Director shall -

''(1) determine the quantity of each class II substance that -

''(A) is held in the inventory of each military department

and Defense Agency on December 31, 1992;

''(B) will be used by each military department and Defense

Agency during 1992; and

''(C) will be used by each military department and Defense

Agency in each of 1993, 1994, and 1995; and

''(2) determine the quantity of each class II substance in the

inventory of the military departments and Defense Agencies in

each of 1993, 1994, and 1995 that can be reclaimed or recycled

and reused by the military departments and Defense Agencies.

''(c) Report. - (1) The Director of the Defense Logistics Agency

shall submit to the congressional defense committees a report on

the status of the evaluation required under subsection (a) not

later than April 1, 1993.

''(2) The Director of the Defense Logistics Agency shall submit

to the congressional defense committees a report on the status of

the evaluation required under subsection (b) not later than October

1, 1993.

''(d) Definitions. - In this section:

''(1) The term 'class I substance' means any substance listed

under section 602(a) of the Clean Air Act (42 U.S.C. 7671a(a)).

''(2) The term 'class II substance' means any substance listed

under section 602(b) of the Clean Air Act (42 U.S.C. 7671a(b)).''

Section 345 of Pub. L. 101-510 provided that:

''(a) DOD Requirements for Ozone Depleting Chemicals Other Than

CFCs. - (1) In addition to the functions of the advisory committee

established pursuant to section 356(c) of the National Defense

Authorization Act for Fiscal Years 1990 and 1991 (Pub. L. 101-189)

(10 U.S.C. 2701 note), it shall be the function of the Committee to

study (A) the use of methyl chloroform, hydrochlorofluorcarbons

(HCFCs), and carbon tetrachloride by the Department of Defense and

by contractors in the performance of contracts for the Department

of Defense, and (B) the costs and feasibility of using alternative

compounds or technologies for methyl chloroform, HCFCs, and carbon

tetrachloride.

''(2) Within 120 days after the date of the enactment of this Act

(Nov. 5, 1990), the Secretary shall provide the Committee with a

list of all military specifications, standards, and other

requirements that specify the use of methyl chloroform, HCFCs, or

carbon tetrachloride.

''(3) Within 150 days after the date of the enactment of this

Act, the Secretary shall provide the Committee with a list of all

military specifications, standards, and other requirements that do

not specify use of methyl chloroform, HCFCs, or carbon

tetrachloride but cannot be met without the use of one or more of

such substances.

''(b) Requirement. - In preparing the report required by section

356(d) of the National Defense Authorization Act for Fiscal Years

1990 and 1991 (Pub. L. 101-189, set out below) and the report

required by subsection (d) of this section, the Committee shall

work closely with the Strategic Environmental Research and

Development Program Council and shall provide to such Council such

reports.

''(c) Extension of Reporting Deadline for CFCs. - The deadline

for submitting to Congress the report required by section 356(d) of

the National Defense Authorization Act for Fiscal Years 1990 and

1991 concerning the uses of CFCs is hereby extended to June 30,

1991.

''(d) Reporting Deadline for Methyl Chloroform, HCFCs, and Carbon

Tetrachloride. - Not later than September 30, 1991, the Secretary

shall submit to Congress a report containing the results of the

study by the Committee required by subsection (a)(1) of this

section.''

REQUIREMENT FOR DEVELOPMENT OF ENVIRONMENTAL DATA BASE

Pub. L. 101-189, div. A, title III, Sec. 352, Nov. 29, 1989, 103

Stat. 1423, provided that:

''(a) Environmental Data Base. - The Secretary of Defense shall

develop and maintain a comprehensive data base on environmental

activities carried out by the Department of Defense pursuant to,

and environmental compliance obligations to which the Department is

subject under, chapter 160 of title 10, United States Code, and all

other applicable Federal and State environmental laws. At a

minimum, the information in the data base shall include all the

fines and penalties assessed against the Department of Defense

pursuant to environmental laws and paid by the Department, all

notices of violations of environmental laws received by the

Department, and all obligations of the Department for compliance

with environmental laws. The Secretary may include any other

information he considers appropriate.

''(b) Report. - Not later than one year after the date of the

enactment of this Act (Nov. 29, 1989), the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate and

House of Representatives a report on the progress in development of

the data base required under subsection (a). The report shall

include a summary of the information collected for the data base

with respect to environmental activities during 1989.''

FUNDING FOR WASTE MINIMIZATION PROGRAMS FOR CERTAIN INDUSTRIAL-TYPE

ACTIVITIES OF DEPARTMENT OF DEFENSE

Pub. L. 101-189, div. A, title III, Sec. 354, Nov. 29, 1989, 103

Stat. 1424, as amended by Pub. L. 102-190, div. A, title III, Sec.

332, Dec. 5, 1991, 105 Stat. 1340, provided that:

''(a) Requirement To Establish Waste Minimization Program. - The

Secretary of Defense shall require the Secretary of each military

department to establish a program for fiscal years 1992, 1993, and

1994 to reduce the volume of solid and hazardous wastes disposed

of, and hazardous materials used by, each industrial-type activity

within the department that is a depot maintenance installation and

for which a working-capital fund has been established under section

2208 of title 10, United States Code.

''(b) Funding. - Funding for the waste minimization program in

each military department shall come out of payments received by the

working-capital funds established for industrial-type and

commercial-type activities of the department. The level of funding

for each of fiscal years 1992, 1993, and 1994 shall be not less

than 1/2 of 1 percent of the amount of such payments received

during fiscal year 1988 that were used for depot maintenance

installation functions at industrial-type activities. The required

level of funding for fiscal year 1992 may be reduced by amounts

expended for waste minimization during fiscal years 1990 and 1991.

In any case in which a military department fails to spend funds at

the level required by this subsection for the waste minimization

program, the Secretary concerned shall submit to Congress a report

explaining the reasons for the failure.

''(c) Notice of Excluded Activities. - Not later than 90 days

after the date of the enactment of this Act (Nov. 29, 1989), the

Secretary of Defense shall submit to Congress the name of each

industrial-type or commercial-type activity of each military

department which is not covered by the waste minimization program

because the activity does not carry out depot maintenance

installation functions.

''(d) Use of Funds. - Funds available for the waste minimization

programs established pursuant to this section shall be used to

carry out waste minimization projects at depot maintenance

installations. The types of expenses for which such funds may be

used include the following (if such expense is related to a waste

minimization project):

''(1) Operating expenses (including salaries).

''(2) Equipment purchase expenses.

''(3) Facility modification expenses.

''(4) Process change expenses.

''(5) Product substitution expenses.

''(6) Military construction expenses.

''(7) Research, development, test, and evaluation expenses.

''(8) Expenses for the lease of equipment or facilities.

''(e) Recovery of Costs. - Each project carried out at an

industrial-type activity as part of a waste minimization program

established pursuant to this section shall be designed to achieve,

over the expected useful life of the project, reductions in the

cost of the disposal of solid and hazardous wastes generated by the

activity in an amount which is not less than the cost of the

project. The Secretary of a military department may provide funds

for a project that does not meet the requirement of the preceding

sentence if the Secretary certifies to Congress that -

''(1) the project will result in a reduction of solid or

hazardous waste disposed of, or hazardous materials used by, the

activity; or

''(2) the project will eliminate or reduce the likelihood of

harm to human health or the environment.''

USE OF CHLOROFLUOROCARBONS AND HALONS IN DEPARTMENT OF DEFENSE

Pub. L. 101-189, div. A, title III, Sec. 356, Nov. 29, 1989, 103

Stat. 1425, as amended by Pub. L. 103-160, div. A, title IX, Sec.

904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, div. A,

title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided

that:

''(a) Chlorofluorocarbons Emission Reduction. - The Secretary of

Defense shall formulate and carry out, through the Under Secretary

of Defense for Acquisition, Technology, and Logistics a program to

reduce the unnecessary release of chlorofluorocarbons (hereinafter

in this section referred to as 'CFCs') and halons into the

atmosphere in connection with maintenance operations and training

and testing practices of the Department of Defense.

''(b) Report. - (1) Not later than 180 days after the date of the

enactment of this Act (Nov. 29, 1989), the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate and

House of Representatives a report describing the program the

Secretary proposes to carry out pursuant to subsection (a). The

Secretary shall specify in the report the reduction goals that are

attainable on the basis of known technology, including the use of

refrigerant recovery systems currently available. The Secretary

shall include in the report a schedule for meeting those goals.

The Secretary shall also include in such report reduction goals

that can be achieved only with the use of new technology and assess

the technologies and investment that will be required to attain

those goals within a five-year period.

''(2) Before the report required under paragraph (1) is submitted

to the committees named in such paragraph, the Secretary shall

transmit a copy of the report to the Administrator of the

Environmental Protection Agency for comment.

''(c) DOD Requirements for CFCs. - (1) Not later than 30 days

after the date of the enactment of this Act (Nov. 29, 1989), the

Secretary shall establish an advisory committee to be known as the

'CFC Advisory Committee' (hereinafter in this section referred to

as the 'Committee'). The Committee shall be composed of not more

than 15 members, with an equal number of representatives from the

Department of Defense, the Environmental Protection Agency, and

defense contractors. Members representing defense contractors

shall be contractors that supply the Department of Defense with

products or equipment that require the use of CFCs.

''(2) It shall be the function of the Committee to study (A) the

use of CFCs by the Department of Defense and by contractors in the

performance of contracts for the Department of Defense, and (B) the

cost and feasibility of using alternative compounds for CFCs or

using alternative technologies that do not require the use of CFCs.

''(3) Within 120 days after the date of the enactment of this

Act, the Secretary shall provide the Committee with a list of all

military specifications, standards, and other requirements that

specify the use of CFCs.

''(4) Within 150 days after the date of the enactment of this

Act, the Secretary shall provide the Committee with a list of all

military specifications, standards, and other requirements that do

not specify use of CFCs but cannot be met without the use of CFCs.

''(d) Report. - Not later than September 30, 1990, the Secretary

shall submit to the committees named in subsection (b) a report

containing the results of the study by the Committee. The report

shall -

''(1) identify cases in which the Committee found that

substitutes for CFCs could be made most expeditiously;

''(2) identify the feasibility and cost of substituting

compounds or technologies for CFC uses referred to in subsection

(c)(3) and estimate the time necessary for completing the

substitution;

''(3) identify CFC uses referred to in subsection (c)(4) for

which substitutes are not currently available and indicate the

reasons substitutes are not available;

''(4) describe the types of research programs that should be

undertaken to identify substitute compounds or technologies for

CFC uses referred to in paragraphs (3) and (4) of subsection (c)

and estimate the cost of the program;

''(5) recommend procedures to expedite the use of substitute

compounds and technologies offered by contractors to replace CFC

uses;

''(6) estimate the earliest date on which CFCs will no longer

be required for military applications; and

''(7) estimate the cost of revising military specifications for

the use of substitutes for CFCs, the additional costs resulting

from modification of Department of Defense contracts to provide

for the use of substitutes for CFCs, and the cost of purchasing

new equipment and reverification necessitated by the use of

substitutes for CFCs.''

REPORT ON ENVIRONMENTAL REQUIREMENTS AND PRIORITIES

Pub. L. 101-189, div. A, title III, Sec. 358, Nov. 29, 1989, 103

Stat. 1427, directed Secretary of Defense, not later than two years

after Nov. 29, 1989, to submit to Congress a comprehensive report

on the long-range environmental challenges and goals of the

Department of Defense.

STUDY OF WASTE RECYCLING

Pub. L. 101-189, div. A, title III, Sec. 361, Nov. 29, 1989, 103

Stat. 1429, as amended by Pub. L. 101-510, div. A, title III, Sec.

343, Nov. 5, 1990, 104 Stat. 1538, provided that:

''(a) Study. - The Secretary of Defense shall conduct a study of

the following:

''(1) Current practices and future plans for managing

postconsumer waste at facilities of the Department of Defense at

which such waste is generated, including commissary and exchange

stores, cafeterias, and mess halls.

''(2) The feasibility of such Department of Defense facilities

participating in programs at military installations or in local

communities to recycle the postconsumer waste generated at the

facilities.

''(b) Postconsumer Waste Defined. - For purposes of this section,

the term 'postconsumer waste' means garbage and refuse, including

items that have passed through their end use as consumer items.

''(c) Report. - Not later than March 1, 1991, the Secretary of

Defense shall submit to Congress a report describing the findings

and conclusions of the Secretary resulting from the study.''

USE OF DEPARTMENT OF DEFENSE APPROPRIATIONS FOR REMOVAL OF UNSAFE

BUILDINGS OR DEBRIS

Pub. L. 101-165, title IX, Sec. 9038, Nov. 21, 1989, 103 Stat.

1137, which authorized appropriations available to the Department

of Defense to be used at sites formerly used by the Department for

removal of unsafe buildings or debris of the Department and

required that removal be completed before the property is released

from Federal Government control, was repealed and restated in

subsecs. (f) and (g) of this section by Pub. L. 101-510, div. A,

title XIV, Sec. 1481(i), Nov. 5, 1990, 104 Stat. 1708.

-CITE-

10 USC Sec. 2702 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2702. Research, development, and demonstration program

-STATUTE-

(a) Program. - As part of the Defense Environmental Restoration

Program, the Secretary of Defense shall carry out a program of

research, development, and demonstration with respect to hazardous

wastes. The program shall be carried out in consultation and

cooperation with the Administrator and the advisory council

established under section 311(a)(5) of CERCLA. The program shall

include research, development, and demonstration with respect to

each of the following:

(1) Means of reducing the quantities of hazardous waste

generated by activities and facilities under the jurisdiction of

the Secretary.

(2) Methods of treatment, disposal, and management (including

recycling and detoxifying) of hazardous waste of the types and

quantities generated by current and former activities of the

Secretary and facilities currently and formerly under the

jurisdiction of the Secretary.

(3) Identifying more cost-effective technologies for cleanup of

hazardous substances.

(4) Toxicological data collection and methodology on risk of

exposure to hazardous waste generated by the Department of

Defense.

(5) The testing, evaluation, and field demonstration of any

innovative technology, processes, equipment, or related training

devices which may contribute to establishment of new methods to

control, contain, and treat hazardous substances, to be carried

out in consultation and cooperation with, and to the extent

possible in the same manner and standards as, testing,

evaluation, and field demonstration carried out by the

Administrator, acting through the office of technology

demonstration of the Environmental Protection Agency.

(b) Special Permit. - The Administrator may use the authorities

of section 3005(g) of the Solid Waste Disposal Act (42 U.S.C.

6925(g)) to issue a permit for testing and evaluation which

receives support under this section.

(c) Contracts and Grants. - The Secretary may enter into

contracts and cooperative agreements with, and make grants to,

universities, public and private profit and nonprofit entities, and

other persons to carry out the research, development, and

demonstration authorized under this section. Such contracts may be

entered into only to the extent that appropriated funds are

available for that purpose.

(d) Information Collection and Dissemination. -

(1) In general. - The Secretary shall develop, collect,

evaluate, and disseminate information related to the use (or

potential use) of the treatment, disposal, and management

technologies that are researched, developed, and demonstrated

under this section.

(2) Role of epa. - The functions of the Secretary under

paragraph (1) shall be carried out in cooperation and

consultation with the Administrator. To the extent appropriate

and agreed upon by the Administrator and the Secretary, the

Administrator shall evaluate and disseminate such information

through the office of technology demonstration of the

Environmental Protection Agency.

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1721.)

-REFTEXT-

REFERENCES IN TEXT

Section 311(a)(5) of CERCLA, referred to in subsec. (a), is

classified to section 9660(a)(5) of Title 42, The Public Health and

Welfare.

-MISC2-

PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRONMENTAL

TECHNOLOGIES

Pub. L. 105-85, div. A, title III, Sec. 349, Nov. 18, 1997, 111

Stat. 1690, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(4), Oct. 5, 1999, 113 Stat. 774, provided that:

''(a) Authority. - Subject to subsection (b), the Secretary of

Defense may enter into a partnership with one or more private

entities to demonstrate and validate innovative environmental

technologies.

''(b) Limitations. - The Secretary of Defense may enter into a

partnership with respect to an environmental technology under

subsection (a) only if -

''(1) any private entities participating in the partnership are

selected through the use of competitive procedures;

''(2) the partnership provides for parties other than the

Department of Defense to provide at least 50 percent of the

funding required (not including in-kind contributions or

preexisting investments); and

''(3) the Secretary determines that -

''(A) the technology has clear potential to be of significant

value to the Department of Defense in its environmental

remediation activities at a substantial number of Department of

Defense sites; and

''(B) the technology would not be developed without the

commitment of Department of Defense funds.

''(c) Evaluation Guidelines. - Before entering into a partnership

with respect to an environmental technology under subsection (a),

the Secretary of Defense shall give consideration to the following:

''(1) The potential for the technology to be used by the

Department of Defense for environmental remediation.

''(2) The technical feasibility and maturity of the technology.

''(3) The adequacy of financial and management plans to

demonstrate and validate the technology.

''(4) The costs and benefits to the Department of Defense of

developing and using the technology.

''(5) The potential for commercialization of the technology.

''(6) The proposed arrangements for sharing the costs of the

partnership through the use of resources outside the Department

of Defense.

''(d) Funding. - Under a partnership entered into under

subsection (a), the Secretary of Defense may provide funds to the

partner or partners from appropriations available to the Department

of Defense for environmental activities, for a period of up to five

years.

''(e) Report. - In the annual report required under section

2706(a) of title 10, United States Code, the Secretary of Defense

shall include the following information with respect to

partnerships entered into under this section:

''(1) The number of such partnerships.

''(2) A description of the nature of the technology involved in

each such partnership.

''(3) A list of all partners in such partnerships.

''(f) Coordination. - The Secretary of Defense shall ensure that

the Department of Defense coordinates with the Administrator of the

Environmental Protection Agency in any verification sponsored by

the Department of technologies demonstrated and validated by a

partnership entered into under this section.

''(g) Procedures. - The Secretary of Defense shall develop

appropriate procedures to ensure that all Department of Defense

funds committed to a partnership entered into under this section

are expended for the purpose authorized in the partnership

agreement. The Secretary may not enter into a partnership under

this section until 30 days after the date on which a copy of such

procedures is provided to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives.

''(h) Termination of Authority. - The authority to enter into

agreements under subsection (a) shall terminate three years after

the date of the enactment of this Act (Nov. 18, 1997).''

AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUPPORT OF

ENVIRONMENTAL TECHNOLOGY CERTIFICATION

Pub. L. 105-85, div. A, title III, Sec. 342(d), Nov. 18, 1997,

111 Stat. 1686, provided that: ''Not later than 90 days after the

date of enactment of this Act (Nov. 18, 1997), the Secretary of

Defense shall submit to Congress a report setting forth the

guidelines established by the Secretary for reimbursement of State

and local governments, and for cost-sharing between the Department

of Defense, such governments, and vendors, under cooperative

agreements entered into under such section 327 (section 327 of Pub.

L. 104-201, set out below).''

Pub. L. 104-201, div. A, title III, Sec. 327, Sept. 23, 1996,

110 Stat. 2483, as amended by Pub. L. 105-85, div. A, title III,

Sec. 342(a)-(c), Nov. 18, 1997, 111 Stat. 1686, provided that:

''(a) Authority. - Subject to subsection (b), the Secretary of

Defense may enter into a cooperative agreement with an agency of a

State or local government, or with an Indian tribe, to obtain

assistance in certifying environmental technologies.

''(b) Limitations. - The Secretary of Defense may enter into a

cooperative agreement with respect to an environmental technology

under subsection (a) only if the Secretary determines -

''(1) that the technology has clear potential to be of

significant value to the Department of Defense; and

''(2) that there is no reasonably available market in the

private sector for the technology without a certification by the

Department of Defense, the Environmental Protection Agency, or a

State environmental agency.

''(c) Types of Assistance. - The types of assistance that may be

obtained under subsection (a) include the following:

''(1) Data collection and analysis.

''(2) Technical assistance in conducting a demonstration of an

environmental technology, including the implementation of quality

assurance and quality control programs.

''(d) Report. - In the annual report required under section

2706(a) of title 10, United States Code, the Secretary of Defense

shall include the following information with respect to cooperative

agreements entered into under this section:

''(1) The number of such agreements.

''(2) The number of States in which such agreements have been

entered into.

''(3) A description of the nature of the technology involved in

each such agreement.

''(4) The amount of funds obligated or expended by the

Department of Defense for each such agreement during the year

covered by the report.

''(5) A statement of the funding that will be required to meet

commitments made to State and local governments and Indian tribes

under such agreements entered into during the fiscal year

preceding the fiscal year in which the report is submitted.

''(6) A description of any cost-sharing arrangement under any

such agreements.

''(e) Definition. - In this section, the term 'Indian tribe' has

the meaning given that term by section 101(36) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9601(36)).

''(f) Termination of Authority. - The authority provided under

subsection (a) shall terminate five years after the date of the

enactment of this Act (Sept. 23, 1996).''

(Pub. L. 105-85, div. A, title III, Sec. 342(e), Nov. 18, 1997,

111 Stat. 1686, provided that: ''The amendments made by this

section (amending section 327 of Pub. L. 104-201, set out above)

shall take effect 30 days after the date on which the report

required by subsection (d) (set out above) is submitted to

Congress.'')

-CITE-

10 USC Sec. 2703 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2703. Environmental restoration accounts

-STATUTE-

(a) Establishment of Accounts. - There are hereby established in

the Department of Defense the following accounts:

(1) An account to be known as the ''Environmental Restoration

Account, Defense''.

(2) An account to be known as the ''Environmental Restoration

Account, Army''.

(3) An account to be known as the ''Environmental Restoration

Account, Navy''.

(4) An account to be known as the ''Environmental Restoration

Account, Air Force''.

(5) An account to be known as the ''Environmental Restoration

Account, Formerly Used Defense Sites''.

(b) Program Elements for Ordnance Remediation. - The Secretary of

Defense shall establish a program element for remediation of

unexploded ordnance, discarded military munitions, and munitions

constituents within each environmental restoration account

established under subsection (a). The terms ''unexploded

ordnance'', ''discarded military munitions'', and ''munitions

constituents'' have the meanings given such terms in section 2710

of this title.

(c) Obligation of Authorized Amounts. - (1) Funds authorized for

deposit in an account under subsection (a) may be obligated or

expended from the account only -

(A) to carry out the environmental restoration functions of the

Secretary of Defense and the Secretaries of the military

departments under this chapter and under any other provision of

law; and

(B) to pay for the costs of permanently relocating a facility

because of a release or threatened release of hazardous

substances, pollutants, or contaminants from -

(i) real property on which the facility is located and that

is currently under the jurisdiction of the Secretary of Defense

or the Secretary of a military department; or

(ii) real property on which the facility is located and that

was under the jurisdiction of the Secretary of Defense or the

Secretary of a military department at the time of the actions

leading to the release or threatened release.

(2) The authority provided by paragraph (1)(B) expires September

30, 2003. The Secretary of Defense or the Secretary of a military

department may not pay the costs of permanently relocating a

facility under such paragraph unless the Secretary -

(A) determines that permanent relocation -

(i) is the most cost effective method of responding to the

release or threatened release of hazardous substances,

pollutants, or contaminants from the real property on which the

facility is located;

(ii) has the approval of relevant regulatory agencies; and

(iii) is supported by the affected community; and

(B) submits to Congress written notice of the determination

before undertaking the permanent relocation of the facility,

including a description of the response action taken or to be

taken in connection with the permanent relocation and a statement

of the costs incurred or to be incurred in connection with the

permanent relocation.

(3) If relocation costs are to be paid under paragraph (1)(B)

with respect to a facility located on real property described in

clause (ii) of such paragraph, the Secretary of Defense or the

Secretary of the military department concerned may use only fund

transfer mechanisms otherwise available to the Secretary.

(4) Funds authorized for deposit in an account under subsection

(a) shall remain available until expended. Not more than 5 percent

of the funds deposited in an account under subsection (a) for a

fiscal year may be used to pay relocation costs under paragraph

(1)(B).

(d) Budget Reports. - In proposing the budget for any fiscal year

pursuant to section 1105 of title 31, the President shall set forth

separately the amounts requested for environmental restoration

programs of the Department of Defense and of each of the military

departments under this chapter and under any other Act.

(e) Credit of Amounts Recovered. - The following amounts shall be

credited to the appropriate environmental restoration account:

(1) Amounts recovered under CERCLA for response actions.

(2) Any other amounts recovered from a contractor, insurer,

surety, or other person to reimburse the Department of Defense or

a military department for any expenditure for environmental

response activities.

(f) Payments of Fines and Penalties. - None of the funds

appropriated to the Environmental Restoration Account, Defense, for

fiscal years 1995 through 2010, or to any environmental restoration

account of a military department for fiscal years 1997 through

2010, may be used for the payment of a fine or penalty (including

any supplemental environmental project carried out as part of such

penalty) imposed against the Department of Defense or a military

department unless the act or omission for which the fine or penalty

is imposed arises out of an activity funded by the environmental

restoration account concerned and the payment of the fine or

penalty has been specifically authorized by law.

(g) Sole Source of Funds for Operation and Monitoring of

Environmental Remedies. - (1) The sole source of funds for all

phases of an environmental remedy at a site under the jurisdiction

of the Department of Defense or a formerly used defense site shall

be the applicable environmental restoration account established

under subsection (a).

(2) In this subsection, the term ''environmental remedy'' has the

meaning given the term ''remedy'' in section 101 of CERCLA (42

U.S.C. 9601).

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1722; amended Pub. L. 103-337, div. A, title III, Sec.

321, Oct. 5, 1994, 108 Stat. 2710; Pub. L. 104-106, div. A, title

III, Sec. 322, Feb. 10, 1996, 110 Stat. 252; Pub. L. 104-201, div.

A, title III, Sec. 322(a)(1), Sept. 23, 1996, 110 Stat. 2477; Pub.

L. 106-65, div. A, title III, Sec. 321, title X, Sec. 1066(a)(27),

Oct. 5, 1999, 113 Stat. 560, 772; Pub. L. 106-398, Sec. 1 ((div.

A), title III, Sec. 311, 312), Oct. 30, 2000, 114 Stat. 1654,

1654A-53, 1654A-54; Pub. L. 107-107, div. A, title III, Sec. 312,

Dec. 28, 2001, 115 Stat. 1051.)

-MISC1-

AMENDMENTS

2001 - Subsecs. (b) to (g). Pub. L. 107-107 added subsec. (b) and

redesignated former subsecs. (b) to (f) as (c) to (g),

respectively.

2000 - Subsec. (a)(5). Pub. L. 106-398, Sec. 1 ((div. A), title

III, Sec. 311(a)), added par. (5).

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

312), amended heading and text of subsec. (b) generally. Prior to

amendment, text read as follows: ''Funds authorized for deposit in

an account under subsection (a) may be obligated or expended from

the account only in order to carry out the environmental

restoration functions of the Secretary of Defense and the

Secretaries of the military departments under this chapter and

under any other provision of law. Funds so authorized shall remain

available until expended.''

Subsec. (f). Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec.

311(b)), added subsec. (f).

1999 - Subsec. (c). Pub. L. 106-65, Sec. 1066(a)(27), struck out

''United States Code,'' after ''title 31,''.

Subsec. (e). Pub. L. 106-65, Sec. 321, substituted ''through

2010,'' for ''through 1999,'' in two places.

1996 - Pub. L. 104-201 substituted ''accounts'' for ''transfer

account'' in section catchline and amended text generally. Prior

to amendment, text consisted of subsecs. (a) to (f) establishing

the Defense Environmental Restoration Account and providing for

deposits into and withdrawals from the Account.

Subsec. (e). Pub. L. 104-106 amended subsec. (e) generally,

substituting

''(e) Amounts Recovered. - The following amounts shall be

credited to the transfer account:

''(1) Amounts recovered under CERCLA for response actions of

the Secretary.

''(2) Any other amounts recovered by the Secretary or the

Secretary of the military department concerned from a contractor,

insurer, surety, or other person to reimburse the Department of

Defense for any expenditure for environmental response

activities.'' for

''(e) Amounts Recovered Under CERCLA. - Amounts recovered under

section 107 of CERCLA for response actions of the Secretary shall

be credited to the transfer account.''

1994 - Subsec. (f). Pub. L. 103-337 added subsec. (f).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 322(e) of Pub. L. 104-201 provided that: ''The amendments

made by this section (amending this section and section 2705 of

this title) shall take effect on the later of -

''(1) October 1, 1996; or

''(2) the date of the enactment of this Act (Sept. 23, 1996).''

EFFECTIVE DATE

Section 211(c) of Pub. L. 99-499 provided that: ''Section

2703(a)(2) of title 10, United States Code, as added by subsection

(a), shall apply with respect to funds appropriated for fiscal

years beginning after September 30, 1986.''

REFERENCES TO DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT

Section 322(b) of Pub. L. 104-201 provided that: ''Any reference

to the Defense Environmental Restoration Account in any Federal

law, Executive Order, regulation, delegation of authority, or

document shall be deemed to refer to the appropriate environmental

restoration account established under section 2703(a)(1) of title

10, United States Code (as amended by subsection (a)(1)).''

UNOBLIGATED BALANCES IN DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT

Section 322(d) of Pub. L. 104-201 provided that: ''Any

unobligated balances that remain in the Defense Environmental

Restoration Account under section 2703(a) of title 10, United

States Code, as of the effective date specified in subsection (e)

(Oct. 1, 1996) shall be transferred on such date to the

Environmental Restoration Account, Defense, established under

section 2703(a)(1) of title 10, United States Code (as amended by

subsection (a)(1)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2705, 2707 of this title.

-CITE-

10 USC Sec. 2704 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2704. Commonly found unregulated hazardous substances

-STATUTE-

(a) Notice to HHS. -

(1) In general. - The Secretary of Defense shall notify the

Secretary of Health and Human Services of the hazardous

substances which the Secretary of Defense determines to be the

most commonly found unregulated hazardous substances at

facilities under the Secretary's jurisdiction. The notification

shall be of not less than the 25 most widely used such

substances.

(2) Definition. - In this subsection, the term ''unregulated

hazardous substance'' means a hazardous substance -

(A) for which no standard, requirement, criteria, or

limitation is in effect under the Toxic Substances Control Act,

the Safe Drinking Water Act, the Clean Air Act, or the Clean

Water Act; and

(B) for which no water quality criteria are in effect under

any provision of the Clean Water Act.

(b) Toxicological Profiles. - The Secretary of Health and Human

Services shall take such steps as necessary to ensure the timely

preparation of toxicological profiles of each of the substances of

which the Secretary is notified under subsection (a). The profiles

of such substances shall include each of the following:

(1) The examination, summary, and interpretation of available

toxicological information and epidemiologic evaluations on a

hazardous substance in order to ascertain the levels of

significant human exposure for the substance and the associated

acute, subacute, and chronic health effects.

(2) A determination of whether adequate information on the

health effects of each substance is available or in the process

of development to determine levels of exposure which present a

significant risk to human health of acute, subacute, and chronic

health effects.

(3) Where appropriate, toxicological testing directed toward

determining the maximum exposure level of a hazardous substance

that is safe for humans.

(c) DOD Support. - The Secretary of Defense shall transfer to the

Secretary of Health and Human Services such toxicological data,

such sums from amounts appropriated to the Department of Defense,

and such personnel of the Department of Defense as may be necessary

(1) for the preparation of toxicological profiles under subsection

(b) or (2) for other health related activities under section 104(i)

of CERCLA. The Secretary of Defense and the Secretary of Health and

Human Services shall enter into a memorandum of understanding

regarding the manner in which this section shall be carried out,

including the manner for transferring funds and personnel and for

coordination of activities under this section.

(d) EPA Health Advisories. -

(1) Preparation. - At the request of the Secretary of Defense,

the Administrator shall, in a timely manner, prepare health

advisories on hazardous substances. Such an advisory shall be

prepared on each hazardous substance -

(A) for which no advisory exists;

(B) which is found to threaten drinking water; and

(C) which is emanating from a facility under the jurisdiction

of the Secretary.

(2) Content of health advisories. - Such health advisories

shall provide specific advice on the levels of contaminants in

drinking water at which adverse health effects would not be

anticipated and which include a margin of safety so as to protect

the most sensitive members of the population at risk. The

advisories shall provide data on one-day, 10-day, and longer-term

exposure periods where available toxicological data exist.

(3) DOD support for health advisories. - The Secretary of

Defense shall transfer to the Administrator such toxicological

data, such sums from amounts appropriated to the Department of

Defense, and such personnel of the Department of Defense as may

be necessary for the preparation of such health advisories. The

Secretary and the Administrator shall enter into a memorandum of

understanding regarding the manner in which this subsection shall

be carried out, including the manner for transferring funds and

personnel and for coordination of activities under this

subsection.

(e) Cross Reference. - Section 104(i) of CERCLA applies to

facilities under the jurisdiction of the Secretary of Defense in

the manner prescribed in that section.

(f) Functions of HHS To Be Carried Out Through ATSDR. - The

functions of the Secretary of Health and Human Services under this

section shall be carried out through the Administrator of the

Agency for Toxic Substances and Disease Registry of the Department

of Health and Human Services established under section 104(i) of

CERCLA.

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1722; amended Pub. L. 102-25, title VII, Sec. 701(j)(10),

Apr. 6, 1991, 105 Stat. 116.)

-REFTEXT-

REFERENCES IN TEXT

The Toxic Substances Control Act, referred to in subsec.

(a)(2)(A), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as

amended, which is classified generally to chapter 53 (Sec. 2601 et

seq.) of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see Short Title note set out under section

2601 of Title 15 and Tables.

The Safe Drinking Water Act, referred to in subsec. (a)(2)(A), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of Title 42 and Tables.

The Clean Air Act, referred to in subsec. (a)(2)(A), is act July

14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 15B (Sec. 1857 et seq.) of Title 42. On

enactment of Pub. L. 95-95, the Act was reclassified to chapter 85

(Sec. 7401 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under section

7401 of Title 42 and Tables.

The Clean Water Act, referred to in subsec. (a)(2), is act June

30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2,

Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water

Pollution Control Act, which is classified generally to chapter 26

(Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters.

For complete classification of this Act to the Code, see Short

Title note set out under section 1251 of Title 33 and Tables.

Section 104(i) of CERCLA, referred to in subsecs. (c), (e), and

(f), is classified to section 9604(i) of Title 42, The Public

Health and Welfare.

-MISC2-

AMENDMENTS

1991 - Subsec. (f). Pub. L. 102-25 substituted ''Agency for Toxic

Substances'' for ''Agency of Toxic Substances''.

-CITE-

10 USC Sec. 2705 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2705. Notice of environmental restoration activities

-STATUTE-

(a) Expedited Notice. - The Secretary of Defense shall take such

actions as necessary to ensure that the regional offices of the

Environmental Protection Agency and appropriate State and local

authorities for the State in which a facility under the Secretary's

jurisdiction is located receive prompt notice of each of the

following:

(1) The discovery of releases or threatened releases of

hazardous substances at the facility.

(2) The extent of the threat to public health and the

environment which may be associated with any such release or

threatened release.

(3) Proposals made by the Secretary to carry out response

actions with respect to any such release or threatened release.

(4) The initiation of any response action with respect to such

release or threatened release and the commencement of each

distinct phase of such activities.

(b) Comment by EPA and State and Local Authorities. -

(1) Release notices. - The Secretary shall ensure that the

Administrator of the Environmental Protection Agency and

appropriate State and local officials have an adequate

opportunity to comment on notices under paragraphs (1) and (2) of

subsection (a).

(2) Proposals for response actions. - The Secretary shall

require that an adequate opportunity for timely review and

comment be afforded to the Administrator and to appropriate State

and local officials after making a proposal referred to in

subsection (a)(3) and before undertaking an activity or action

referred to in subsection (a)(4). The preceding sentence does not

apply if the action is an emergency removal taken because of

imminent and substantial endangerment to human health or the

environment and consultation would be impractical.

(c) Technical Review Committee. - Whenever possible and

practical, the Secretary shall establish a technical review

committee to review and comment on Department of Defense actions

and proposed actions with respect to releases or threatened

releases of hazardous substances at installations. Members of any

such committee shall include at least one representative of the

Secretary, the Administrator, and appropriate State and local

authorities and shall include a public representative of the

community involved.

(d) Restoration Advisory Board. - (1) In lieu of establishing a

technical review committee under subsection (c), the Secretary may

permit the establishment of a restoration advisory board in

connection with any installation (or group of nearby installations)

where the Secretary is planning or implementing environmental

restoration activities.

(2)(A) The Secretary shall prescribe regulations regarding the

establishment, characteristics, composition, and funding of

restoration advisory boards pursuant to this subsection.

(B) The issuance of regulations under subparagraph (A) shall not

be a precondition to the establishment of restoration advisory

boards under this subsection.

(3) The Secretary may authorize the commander of an installation

(or, if there is no such commander, an appropriate official of the

Department of Defense designated by the Secretary) to pay routine

administrative expenses of a restoration advisory board established

for that installation. Such payments shall be made from funds

available under subsection (g).

(e) Technical Assistance. - (1) The Secretary may, upon the

request of the technical review committee or restoration advisory

board for an installation, authorize the commander of the

installation (or, if there is no such commander, an appropriate

official of the Department of Defense designated by the Secretary)

to obtain for the committee or advisory board, as the case may be,

from private sector sources technical assistance for interpreting

scientific and engineering issues with regard to the nature of

environmental hazards at the installation and the restoration

activities conducted, or proposed to be conducted, at the

installation. The commander of an installation (or, if there is no

such commander, an appropriate official of the Department of

Defense designated by the Secretary) shall use funds made available

under subsection (g) for obtaining assistance under this paragraph.

(2) The commander of an installation (or, if there is no such

commander, an appropriate official of the Department of Defense

designated by the Secretary) may obtain technical assistance under

paragraph (1) for a technical review committee or restoration

advisory board only if -

(A) the technical review committee or restoration advisory

board demonstrates that the Federal, State, and local agencies

responsible for overseeing environmental restoration at the

installation, and available Department of Defense personnel, do

not have the technical expertise necessary for achieving the

objective for which the technical assistance is to be obtained;

or

(B) the technical assistance -

(i) is likely to contribute to the efficiency, effectiveness,

or timeliness of environmental restoration activities at the

installation; and

(ii) is likely to contribute to community acceptance of

environmental restoration activities at the installation.

(f) Involvement in Defense Environmental Restoration Program. -

If a technical review committee or restoration advisory board is

established with respect to an installation (or group of

installations), the Secretary shall consult with and seek the

advice of the committee or board on the following issues:

(1) Identifying environmental restoration activities and

projects at the installation or installations.

(2) Monitoring progress on these activities and projects.

(3) Collecting information regarding restoration priorities for

the installation or installations.

(4) Addressing land use, level of restoration, acceptable risk,

and waste management and technology development issues related to

environmental restoration at the installation or installations.

(5) Developing environmental restoration strategies for the

installation or installations.

(g) Funding. - The Secretary shall, to the extent provided in

appropriations Acts, make funds available for administrative

expenses and technical assistance under this section using funds in

the following accounts:

(1) In the case of a military installation not approved for

closure pursuant to a base closure law, the environmental

restoration account concerned under section 2703(a) of this

title.

(2) In the case of an installation approved for closure

pursuant to such a law, the Department of Defense Base Closure

Account 1990 established under section 2906(a) of the Defense

Base Closure and Realignment Act of 1990 (part A of title XXIX of

Public Law 101-510; 10 U.S.C. 2687 note).

(h) Definition. - In this section, the term ''base closure law''

means the following:

(1) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(2) The Defense Base Closure and Realignment Act of 1990 (part

A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

(3) Section 2687 of this title.

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1724; amended Pub. L. 103-337, div. A, title III, Sec.

326(a)-(c), Oct. 5, 1994, 108 Stat. 2712, 2713; Pub. L. 104-106,

div. A, title III, Sec. 324(a)-(d)(1), (e), Feb. 10, 1996, 110

Stat. 252-254; Pub. L. 104-201, div. A, title III, Sec. 322(c),

Sept. 23, 1996, 110 Stat. 2479.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(2). Pub. L. 104-106, Sec. 324(a), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: ''The

Secretary shall prescribe regulations regarding the

characteristics, composition, funding, and establishment of

restoration advisory boards pursuant to this subsection. However,

the issuance of regulations shall not be a precondition to the

establishment of a restoration advisory board or affect the

existence or operation of a restoration advisory board established

before the date of the enactment of this section.''

Subsec. (d)(3). Pub. L. 104-106, Sec. 324(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''The

Secretary may provide for the payment of routine administrative

expenses of a restoration advisory board from funds available for

the operation and maintenance of the installation (or

installations) for which the board is established or from the funds

available under subsection (e)(3).''

Subsec. (e). Pub. L. 104-106, Sec. 324(c), added subsec. (e) and

struck out former subsec. (e) which authorized Secretary to make

technical assistance grants under section 9617(e) of title 42 in

connection with installations containing facilities listed on the

National Priorities List and to make funds available to facilitate

participation on technical review committees and restoration

advisory boards relating to environmental restoration activities at

other installations.

Subsec. (g). Pub. L. 104-106, Sec. 324(d)(1), added subsec. (g).

Subsec. (g)(1). Pub. L. 104-201 substituted ''the environmental

restoration account concerned'' for ''the Defense Environmental

Restoration Account established''.

Subsec. (h). Pub. L. 104-106, Sec. 324(e), added subsec. (h).

1994 - Subsecs. (d) to (f). Pub. L. 103-337 added subsecs. (d) to

(f).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

322(e) of Pub. L. 104-201, set out as a note under section 2703 of

this title.

IMPLEMENTATION REQUIREMENTS FOR RESTORATION ADVISORY BOARDS

Section 326(d) of Pub. L. 103-337 provided that: ''Not later than

180 days after the date on which the Secretary of Defense announces

a decision to establish restoration advisory boards, the Secretary

shall -

''(1) prescribe the regulations required under subsection

(d)(2) of section 2705 of title 10, United States Code, as added

by subsection (a); and

''(2) take appropriate actions to notify the public of the

availability of funding under subsection (e) of such section, as

added by subsection (b).''

REPORT ON RESTORATION ADVISORY BOARDS AND ASSISTANCE FOR CITIZEN

PARTICIPATION ON COMMITTEES AND BOARDS

Section 326(e) of Pub. L. 103-337 directed Secretary of Defense

to submit, not later than May 1, 1996, report regarding

establishment of restoration advisory boards under subsections (d)

and (e) of this section and the expenditure of funds for assistance

for citizen participation on technical review committees under

subsection (e) of this section.

RESTRICTIONS ON ADMINISTRATIVE AND TECHNICAL ASSISTANCE FUNDING

Section 324(d)(2) of Pub. L. 104-106 provided that:

''(2)(A) Subject to subparagraph (B), the total amount of funds

made available under section 2705(g) of title 10, United States

Code, as added by paragraph (1), for fiscal year 1996 may not

exceed $6,000,000.

''(B) Amounts may not be made available under subsection (g) of

such section 2705 after September 15, 1996, unless the Secretary of

Defense publishes proposed final or interim final regulations

required under subsection (d) of such section, as amended by

subsection (a).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2706 of this title.

-CITE-

10 USC Sec. 2706 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2706. Annual reports to Congress

-STATUTE-

(a) Report on Environmental Restoration Activities. - (1) The

Secretary of Defense shall submit to the Congress each year, not

later than 45 days after the date on which the President submits to

the Congress the budget for a fiscal year, a report on the progress

made by the Secretary in carrying out environmental restoration

activities at military installations.

(2) Each such report shall include, with respect to environmental

restoration activities for each military installation, the

following:

(A) A statement of the number of sites at which a hazardous

substance has been identified.

(B) A statement of the status of response actions proposed for

or initiated at the military installation.

(C) A statement of the total cost estimated for such response

actions.

(D) A statement of the amount of funds obligated by the

Secretary for such response actions, and the progress made in

implementing the response actions during the fiscal year

preceding the year in which the report is submitted, including an

explanation of -

(i) any cost overruns for such response actions, if the

amount of funds obligated for those response actions exceeds

the estimated cost for those response actions by the greater of

15 percent of the estimated cost or $10,000,000; and

(ii) any deviation in the schedule (including a milestone

schedule specified in an agreement, order, or mandate) for such

response actions of more than 180 days.

(E) A statement of the amount of funds allocated by the

Secretary for, and the anticipated progress in implementing, such

response actions during the fiscal year in which the report is

submitted.

(F) A statement of the amount of funds requested for such

response actions for the five fiscal years following the fiscal

year in which the report is submitted, and the anticipated

progress in implementing such response actions for the fiscal

year for which the budget is submitted.

(G) A statement of the total costs incurred for such response

actions as of the date of the submission of the report.

(H) A statement of the estimated cost of completing all

environmental restoration activities required with respect to the

military installation, including, where relevant, the estimated

cost of such activities in each of the five fiscal years

following the fiscal year in which the report is submitted.

(I) A statement of the estimated schedule for completing all

environmental restoration activities at the military

installation.

(J) A statement of the activities, if any, including

expenditures for administrative expenses and technical assistance

under section 2705 of this title, of the technical review

committee or restoration advisory board established for the

installation under such section during the preceding fiscal year.

(b) Report on Environmental Quality Programs and Other

Environmental Activities. - (1) The Secretary of Defense shall

submit to Congress each year, not later than 45 days after the date

on which the President submits to Congress the budget for a fiscal

year, a report on the progress made in carrying out activities

under the environmental quality programs of the Department of

Defense and the military departments.

(2) Each report shall include the following:

(A) A description of the environmental quality program of the

Department of Defense, and of each of the military departments,

during the period consisting of the four fiscal years preceding

the fiscal year in which the report is submitted, the fiscal year

in which the report is submitted, and the fiscal year following

the fiscal year in which the report is submitted.

(B) For each of the major activities under the environmental

quality programs:

(i) A specification of the amount expended, or proposed to be

expended, in each fiscal year of the period covered by the

report.

(ii) An explanation for any significant change in the

aggregate amount to be expended in the fiscal year in which the

report is submitted, and in the following fiscal year, when

compared with the fiscal year preceding each such fiscal year.

(iii) An assessment of the manner in which the scope of the

activities have changed over the course of the period covered

by the report.

(C) A summary of the major achievements of the environmental

quality programs and of any major problems with the programs.

(D) A list of the planned or ongoing projects necessary to

support the environmental quality programs during the period

covered by the report, the cost of which has exceeded or is

anticipated to exceed $1,500,000. The list and accompanying

material shall include the following:

(i) A separate listing of the projects inside the United

States and of the projects outside the United States.

(ii) For each project commenced during the first four fiscal

years of the period covered by the report (other than a project

that was reported as fully executed in the report for a

previous fiscal year), a description of -

(I) the amount specified in the initial budget request for

the project;

(II) the aggregate amount allocated to the project through

the fiscal year preceding the fiscal year for which the

report is submitted; and

(III) the aggregate amount obligated for the project

through that fiscal year.

(iii) For each project commenced or to be commenced in the

fiscal year in which the report is submitted, a description of

-

(I) the amount specified for the project in the budget for

the fiscal year; and

(II) the amount allocated to the project in the fiscal

year.

(iv) For each project to be commenced in the last fiscal year

of the period, a description of the amount, if any, specified

for the project in the budget for the fiscal year.

(v) If the anticipated aggregate cost of any project covered

by the report will exceed by more than 25 percent the amount

specified in the initial budget request for such project, a

justification for that variance.

(E) A statement of the fines and penalties imposed or assessed

against the Department of Defense and the military departments

under Federal, State, or local environmental laws during the

fiscal year in which the report is submitted and the four

preceding fiscal years, which shall set forth the following:

(i) Each Federal environmental statute under which a fine or

penalty was imposed or assessed during each such fiscal year.

(ii) With respect to each such Federal statute -

(I) the aggregate amount of fines and penalties imposed

under the statute during each such fiscal year;

(II) the aggregate amount of fines and penalties paid under

the statute during each such fiscal year; and

(III) the total amount required during such fiscal years

for supplemental environmental projects in lieu of the

payment of a fine or penalty under the statute and the extent

to which the cost of such projects during such fiscal years

has exceeded the original amount of the fine or penalty.

(iii) A trend analysis of fines and penalties imposed or

assessed during each such fiscal year for military

installations inside and outside the United States.

(F) A statement of the amounts expended, and anticipated to be

expended, during the period covered by the report for any

activities overseas relating to the environment, including

amounts for activities relating to environmental remediation,

compliance, conservation, pollution prevention, and environmental

technology and amounts for conferences, meetings, and studies for

pilot programs, and for travel related to such activities.

(c) Report on Environmental Technology Program. - (1) The

Secretary of Defense shall submit to Congress each year, not later

than 45 days after the date on which the President submits to

Congress the budget for a fiscal year, a report on the progress

made by the Department of Defense in achieving the objectives and

goals of its environmental technology program during the preceding

fiscal year and an overall trend analysis for the program covering

the previous four fiscal years.

(2) Each such report shall include, with respect to each project

under the environmental technology program of the Department of

Defense, the following:

(A) The performance objectives established for the project for

the fiscal year and an assessment of the performance achieved

with respect to the project in light of performance indicators

for the project.

(B) A description of the extent to which the project met the

performance objectives established for the project for the fiscal

year.

(C) If a project did not meet the performance objectives for

the project for the fiscal year -

(i) an explanation for the failure of the project to meet the

performance objectives; and

(ii) a modified schedule for meeting the performance

objectives or, if a performance objective is determined to be

impracticable or infeasible to meet, a statement of alternative

actions to be taken with respect to the project.

(d) Definitions. - In this section:

(1) The term ''military installation'' has the meaning given

such term in section 2687(e) of this title, except that such term

does not include a homeport facility for any ship and includes -

(A) each facility or site owned by, leased to, or otherwise

possessed by the United States and under the jurisdiction of

the Secretary of Defense;

(B) each facility or site which was under the jurisdiction of

the Secretary and owned by, leased to, or otherwise possessed

by the United States at the time of actions leading to

contamination by hazardous substances; and

(C) each facility or site at which the Secretary is

conducting environmental restoration activities.

(2) The term ''environmental quality program'' means a program

of activities relating to environmental compliance, conservation,

pollution prevention, and such other activities relating to

environmental quality as the Secretary concerned may designate

for purposes of the program.

(3) The term ''major activities'', with respect to an

environmental quality program, means the following activities

under the program:

(A) Environmental compliance activities.

(B) Conservation activities.

(C) Pollution prevention activities.

-SOURCE-

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986,

100 Stat. 1724; amended Pub. L. 101-189, div. A, title III, Sec.

357(a)(1), (2)(A), Nov. 29, 1989, 103 Stat. 1426, 1427; Pub. L.

101-510, div. A, title III, Sec. 341, 342(a), Nov. 5, 1990, 104

Stat. 1536, 1537; Pub. L. 103-160, div. A, title X, Sec.

1001(a)-(d), Nov. 30, 1993, 107 Stat. 1742-1744; Pub. L. 103-337,

div. A, title X, Sec. 1070(b)(9), Oct. 5, 1994, 108 Stat. 2857;

Pub. L. 104-106, div. A, title III, Sec. 324(f), Feb. 10, 1996,

110 Stat. 254; Pub. L. 104-201, div. A, title III, Sec. 321, Sept.

23, 1996, 110 Stat. 2477; Pub. L. 105-85, div. A, title III, Sec.

344(a), 345, Nov. 18, 1997, 111 Stat. 1688; Pub. L. 105-261, div.

A, title III, Sec. 325, Oct. 17, 1998, 112 Stat. 1965; Pub. L.

106-65, div. A, title III, Sec. 322, 323(c)(1), Oct. 5, 1999, 113

Stat. 560, 563; Pub. L. 107-107, div. A, title III, Sec. 315, Dec.

28, 2001, 115 Stat. 1053.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-107, Sec. 315(a), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which read as

follows:

''(c) Report on Contractor Reimbursement Costs. - (1) The

Secretary of Defense shall submit to the Congress each year, not

later than 45 days after the date on which the President submits to

the Congress the budget for a fiscal year, a report on payments

made by the Secretary to defense contractors for the costs of

environmental response actions.

''(2) Each such report shall include, for the fiscal year

preceding the year in which the report is submitted, the following:

''(A) An estimate of the payments made by the Secretary to any

defense contractor (other than a response action contractor) for

the costs of environmental response actions at facilities owned

or operated by the defense contractor or at which the defense

contractor is liable in whole or in part for the environmental

response action.

''(B) A statement of the amount and current status of any

pending requests by any defense contractor (other than a response

action contractor) for payment of the costs of environmental

response actions at facilities owned or operated by the defense

contractor or at which the defense contractor is liable in whole

or in part for the environmental response action.''

Subsec. (d). Pub. L. 107-107, Sec. 315(a)(2), (b), redesignated

subsec. (e) as (d), struck out pars. (1) and (3) defining ''defense

contractor'' and ''response action contractor'', respectively, and

redesignated pars. (2), (4), and (5) as (1), (2), and (3),

respectively. Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 107-107, Sec. 315(a)(2), redesignated

subsec. (e) as (d).

1999 - Subsec. (b). Pub. L. 106-65, Sec. 322(a), amended heading

and text of subsec. (b) generally. Prior to amendment, subsec. (b)

consisted of pars. (1) and (2) relating to reports on environmental

compliance activities.

Subsec. (d). Pub. L. 106-65, Sec. 323(c)(1), added subsec. (d).

Pub. L. 106-65, Sec. 322(b), struck out subsec. (d) which

required the Secretary of Defense to submit annual reports to

Congress on environmental activities of Department of Defense

overseas.

Subsec. (e)(4), (5). Pub. L. 106-65, Sec. 322(c), added pars. (4)

and (5).

1998 - Subsecs. (a)(1), (b)(1), (c)(1), (d)(1). Pub. L. 105-261

substituted ''not later than 45 days'' for ''not later than 30

days''.

1997 - Subsec. (b)(2)(H). Pub. L. 105-85, Sec. 344(a), added

subpar. (H).

Subsecs. (d), (e). Pub. L. 105-85, Sec. 345, added subsec. (d)

and redesignated former subsec. (d) as (e).

1996 - Subsec. (a)(2)(J). Pub. L. 104-106 added subpar. (J).

Subsec. (d)(1)(A). Pub. L. 104-201 substituted ''20 entities''

for ''100 entities''.

1994 - Subsec. (a). Pub. L. 103-337 made technical correction to

Pub. L. 103-160, Sec. 1001(a). See 1993 Amendment note below.

1993 - Subsec. (a). Pub. L. 103-160, Sec. 1001(a), as amended by

Pub. L. 103-337, amended subsec. (a) generally. Prior to

amendment, subsec. (a) read as follows:

''(1) Report on Progress in Implementation. - The Secretary of

Defense shall submit to Congress a report each fiscal year

describing the progress made by the Secretary during the preceding

fiscal year in implementing the requirements of this chapter.

''(2) Each such report shall include the following:

''(A) A statement for each installation under the jurisdiction

of the Secretary of the number of individual facilities at which

a hazardous substance has been identified.

''(B) The status of response actions contemplated or undertaken

at each such facility.

''(C) The specific cost estimates and budgetary proposals

involving response actions contemplated or undertaken at each

such facility.

''(D) A report on progress on conducting response actions at

facilities other than facilities on the National Priorities

List.''

Subsec. (b). Pub. L. 103-160, Sec. 1001(b), inserted

''Activities'' in heading and amended text generally, restating

substance of former par. (1) in pars. (1) and (2) and deleting

substance of former par. (2) which defined ''military

installation''.

Subsecs. (c), (d). Pub. L. 103-160, Sec. 1001(c), (d), added

subsecs. (c) and (d).

1990 - Subsec. (b). Pub. L. 101-510, Sec. 342(a), added subpar.

(G) at end of par. (1).

Pub. L. 101-510, Sec. 341, amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows: ''Environmental Budget

Report. - (1) Each year, at the same time the President submits to

Congress the budget for a fiscal year (pursuant to section 1105 of

title 31), the Secretary of Defense shall submit to Congress a

report on -

''(A) the funding levels required for the Department of Defense

to comply with applicable environmental laws during the fiscal

year for which the budget is submitted; and

''(B) the funding levels requested for such purposes in the

budget as submitted by the President.

''(2) The Secretary shall include in the report an explanation of

any differences in the funding level requirements and the funding

level requests in the budget.''

1989 - Pub. L. 101-189 substituted ''reports'' for ''report'' in

section catchline, designated subsec. (a) as subsec. (a)(1), struck

out subsec. (b) heading ''Matters To Be Included'', redesignated

subsec. (b) as subsec. (a)(2) and pars. (1) to (4) as subpars. (A)

to (D), respectively, and added subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1070(b) of Pub. L. 103-337 provided that the amendment

made by that section is effective as of Nov. 30, 1993, and as if

included in the National Defense Authorization Act for Fiscal Year

1994, Pub. L. 103-160, as enacted.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 357(b) of Pub. L. 101-189 provided that: ''The first

environmental budget report under subsection (b) of section 2706 of

such title (10 U.S.C. 2706(b)) (as added by subsection (a)) shall

be submitted at the same time the President submits the budget for

fiscal year 1992.''

ASSESSMENT OF ENVIRONMENTAL REMEDIATION OF UNEXPLODED ORDNANCE,

DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS

Pub. L. 107-107, div. A, title III, Sec. 313, Dec. 28, 2001, 115

Stat. 1051, provided that:

''(a) Inclusion in 2003 Report on Environmental Restoration

Activities. - The Secretary of Defense shall include in the report

submitted to Congress under section 2706(a) of title 10, United

States Code, in 2003 a comprehensive assessment of unexploded

ordnance, discarded military munitions, and munitions constituents

located at current and former facilities of the Department of

Defense. The assessment shall include, at a minimum, the following:

''(1) Separate estimates of the aggregate projected costs of

the remediation of unexploded ordnance, discarded military

munitions, and munitions constituents at -

''(A) all operational ranges; and

''(B) all other defense sites.

''(2) A comprehensive plan for addressing the remediation of

unexploded ordinance (sic), discarded military munitions, and

munitions constituents at defense sites, including an assessment

of the funding required and the period of time over which such

funding will be required.

''(3) An assessment of the technology currently available for

the remediation of unexploded ordnance, discarded military

munitions, and munitions constituents.

''(4) An assessment of the impact of improved technology on the

cost of such remediation and a plan for the development and use

of such improved technology.

''(b) Requirements for Cost Estimates. - (1) The estimates of

aggregate projected costs required by subsection (a)(1) shall -

''(A) be stated as a range of aggregate projected costs,

including a low estimate and a high estimate;

''(B) set forth the differing assumptions underlying each such

low estimate and high estimate, including -

''(i) any public uses for the operational ranges and other

defense sites concerned that will be available after the

remediation is completed;

''(ii) the extent of the remediation required to make the

operational ranges and other defense sites concerned available

for such uses; and

''(iii) the technologies to be applied to achieve such level

of remediation; and

''(C) include, and identify separately, an estimate of the

aggregate projected costs of the remediation of any ground water

contamination that may be caused by unexploded ordnance,

discarded military munitions, or munitions constituents at the

operational ranges and other defense sites concerned.

''(2) The high estimate of the aggregate projected costs shall be

based on the assumption that all unexploded ordnance, discarded

military munitions, and munitions constituents at each operational

range and other defense site will be addressed, regardless of

whether there are any current plans to close the range or site or

discontinue training at the range or site.

''(3) The estimate of the aggregate projected costs of

remediation of ground water contamination under paragraph (1)(C)

shall be based on a comprehensive assessment of the risk of such

contamination and of the actions required to protect the ground

water supplies concerned.

''(4) The standards for the report of liabilities of the

Department of Defense shall not apply to the cost estimates

required by subsection (a)(1).

''(c) Interim Assessment. - The report submitted to Congress

under section 2706(a) of title 10, United States Code, in 2002

shall include the assessment required by subsection (a) to the

extent that the information required to be provided as part of the

assessment is available. The Secretary shall include an

explanation of any limitations on the information available or

qualifications on the information provided.

''(d) Definitions. - In this section, the terms 'unexploded

ordnance', 'discarded military munitions', 'munitions

constituents', 'operational range', and 'defense site' have the

meanings given such terms in section 2710 of title 10, United

States Code, as added by section 311.''

FIRST REPORT ON ENVIRONMENTAL TECHNOLOGY PROGRAM

Pub. L. 106-65, div. A, title III, Sec. 323(c)(2), Oct. 5, 1999,

113 Stat. 563, provided that: ''The Secretary of Defense shall

include in the first report submitted under section 2706(d) of

title 10, United States Code, as added by this subsection, a

description of the steps taken by the Secretary to ensure that the

environmental technology investment control process for the

Department of Defense satisfies the requirements of section 2709 of

such title, as added by subsection (b).''

REPORT IN FISCAL YEAR 1998

Section 344(b) of Pub. L. 105-85 provided that: ''The statement

submitted by the Secretary of Defense under subparagraph (H) of

section 2706(b)(2) of title 10, United States Code, as added by

subsection (a), in 1998 shall, to the maximum extent practicable,

include the information required by that subparagraph for each of

fiscal years 1994 through 1997.''

COMPLIANCE WITH ANNEX V TO THE INTERNATIONAL CONVENTION FOR THE

PREVENTION OF POLLUTION FROM SHIPS, 1973

Section 324(b), (c) of Pub. L. 104-201, as amended by Pub. L.

105-85, div. A, title X, Sec. 1073(c)(1), Nov. 18, 1997, 111 Stat.

1904, provided that:

''(b) Sense of Congress. - (1) It is the sense of Congress that

it should be an objective of the Navy to achieve full compliance

with Annex V to the Convention as part of the Navy's development of

ships that are environmentally sound.

''(2) In this subsection and subsection (c), the terms

'Convention' and 'ship' have the meanings given such terms in

section 2(a) of the Act to Prevent Pollution from Ships (33 U.S.C.

1901(a)).

''(c) Report on Compliance With Annex V to the Convention. - The

Secretary of Defense shall include in each report on environmental

compliance activities submitted to Congress under section 2706(b)

of title 10, United States Code, the following information:

''(1) A list of the ship types, if any, for which the Secretary

of the Navy has made the determination referred to in paragraph

(2)(C) of section 3(c) of the Act to Prevent Pollution from Ships

(33 U.S.C. 1902(c)(2)(C)), as amended by subsection (a)(2) of

this section.

''(2) A list of ship types which the Secretary of the Navy has

determined can comply with Regulation 5 of Annex V to the

Convention.

''(3) A summary of the progress made by the Navy in

implementing the requirements of paragraphs (2) and (3) of such

section 3(c), as so amended.

''(4) A description of any emerging technologies offering the

potential to achieve full compliance with Regulation 5 of Annex V

to the Convention.

''(5) The amount and nature of the discharges in special areas,

not otherwise authorized under the Act to Prevent Pollution from

Ships (33 U.S.C. 1901 et seq.), during the preceding year from

ships referred to in section 3(b)(1)(A) of such Act owned or

operated by the Department of the Navy.''

REPORT ON SERVICES OBTAINED PURSUANT TO REIMBURSEMENT AGREEMENTS

DURING FISCAL YEAR 1996

Section 321(b) of Pub. L. 104-106 provided that: ''The Secretary

of Defense shall include in the report submitted to Congress with

respect to fiscal year 1998 under section 2706(a) of title 10,

United States Code, information on the services, if any, obtained

by the Secretary during fiscal year 1996 pursuant to each agreement

on a reimbursable basis entered into with a State or local

government agency under section 2701(d) of title 10, United States

Code, as amended by subsection (a). The information shall include a

description of the services obtained under each agreement and the

amount of the reimbursement provided for the services.''

TIME OF SUBMISSION OF REPORTS

Section 1001(e) of Pub. L. 103-160 provided that:

''(1) A report submitted in 1994 under subsection (a) of section

2706 of title 10, United States Code, as amended by subsection (a),

and under subsection (b) of such section, as amended by subsection

(b), shall be submitted not later than March 31, 1994.

''(2) A report under subsection (c) of section 2706 of such

title, as added by subsection (c), shall be submitted for fiscal

years beginning with fiscal year 1993. Any such report that is

submitted for fiscal year 1993 or fiscal year 1994 shall be

submitted not later than February 1, 1995.''

-CITE-

10 USC Sec. 2707 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2707. Environmental restoration projects for environmental

responses

-STATUTE-

(a) Environmental Restoration Projects Authorized. - The

Secretary of Defense or the Secretary of a military department may

carry out an environmental restoration project if that Secretary

determines that the project is necessary to carry out a response

under this chapter or CERCLA.

(b) Treatment of Project. - Any construction, development,

conversion, or extension of a structure, and any installation of

equipment, that is included in an environmental restoration project

under this section may not be considered military construction (as

that term is defined in section 2801(a) of this title).

(c) Source of Funds. - Funds authorized for deposit in an account

established by section 2703(a) of this title shall be the only

source of funds to conduct an environmental restoration project

under this section.

(d) Environmental Restoration Project Defined. - In this section,

the term ''environmental restoration project'' includes any

construction, development, conversion, or extension of a structure,

or installation of equipment, in direct support of a response.

-SOURCE-

(Added Pub. L. 107-314, div. A, title III, Sec. 313(a)(2), Dec. 2,

2002, 116 Stat. 2507.)

-MISC1-

PRIOR PROVISIONS

A prior section 2707 was renumbered section 2700 of this title.

-CITE-

10 USC Sec. 2708 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2708. Contracts for handling hazardous waste from defense

facilities

-STATUTE-

(a) Reimbursement Requirement. - (1) Each contract or subcontract

to which this section applies shall provide that, upon receipt of

hazardous wastes properly characterized pursuant to applicable laws

and regulations, the contractor or subcontractor will reimburse the

Federal Government for all liabilities incurred by, penalties

assessed against, costs incurred by, and damages suffered by, the

Government that are caused by -

(A) the contractor's or subcontractor's breach of any term or

provision of the contract or subcontract; and

(B) any negligent or willful act or omission of the contractor

or subcontractor, or the employees of the contractor or

subcontractor, in the performance of the contract or subcontract.

(2) Not later than 30 days after such a contract or subcontract

is awarded, the contractor or subcontractor shall demonstrate that

the contractor or subcontractor will reimburse the Federal

Government as provided in paragraph (1).

(b) Applicability. - (1) Except as provided in paragraph (2),

this section applies to each contract entered into by the Secretary

of Defense or the Secretary of a military department, and any

subcontract under any such contract, with an owner or operator of a

hazardous waste treatment or disposal facility during fiscal years

1992 through 1996 for the offsite treatment or disposal of

hazardous wastes from a facility under the jurisdiction of the

Secretary of Defense.

(2) This section does not apply to -

(A) any contract or subcontract to perform remedial action or

corrective action under the Defense Environmental Restoration

Program, other programs or activities of the Department of

Defense, or authorized State hazardous waste programs;

(B) any contract or subcontract under which the generation of

the hazardous waste to be disposed of is incidental to the

performance of the contract; or

(C) any contract or subcontract to dispose of ammunition or

solid rocket motors.

(c) Exception to Reimbursement Requirement. - Notwithstanding

subsection (a), in the case of any contract to which this section

applies, if the Secretary of Defense or the Secretary of the

military department concerned determines that -

(1) there is only one responsible offeror or there is no

responsible offeror willing to provide the reimbursement required

by subsection (a) for such contract; or

(2) failure to award the contract would place the facility

concerned in violation of any requirement of the Solid Waste

Disposal Act (42 U.S.C. 6901 et seq.),

then the contract may be awarded without including the

reimbursement provision required by subsection (a).

(d) Definitions. - In this section:

(1) The term ''hazardous waste'' has the meaning given that

term by section 1004(5) of the Solid Waste Disposal Act (42

U.S.C. 6903(5)), except that such term also includes

polychlorinated biphenyls.

(2) The term ''remedial action'' has the meaning given that

term by section 101(24) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601(24)).

(3) The term ''corrective action'' has the meaning given that

term under section 3004(u) of the Solid Waste Disposal Act (42

U.S.C. 6924(u)).

(4) The term ''polychlorinated biphenyls'' has the meaning

given that term under section 6(e) of the Toxic Substances

Control Act (15 U.S.C. 2605(e)).

(e) Effect on Liability. - Nothing in this section shall affect

the liability of the Federal Government under any Federal or State

law or under common law.

-SOURCE-

(Added Pub. L. 102-190, div. A, title III, Sec. 331(a)(1), Dec. 5,

1991, 105 Stat. 1339; amended Pub. L. 102-484, div. A, title III,

Sec. 321, title X, Sec. 1052(36), Oct. 23, 1992, 106 Stat. 2365,

2501; Pub. L. 103-160, div. A, title X, Sec. 1004, Nov. 30, 1993,

107 Stat. 1748.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(2), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 6901 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-160 substituted ''fiscal years

1992 through 1996'' for ''fiscal years 1992 and 1993''.

1992 - Subsec. (b)(1). Pub. L. 102-484, Sec. 1052(36)(A),

substituted ''each contract'' for ''all contracts'' and ''any

subcontract under any such contract'' for ''all subcontracts under

such contracts''.

Pub. L. 102-484, Sec. 321, substituted ''fiscal years 1992 and

1993'' for ''fiscal year 1992''.

Subsec. (d). Pub. L. 102-484, Sec. 1052(36)(B), substituted

''In'' for ''For purposes of'' in introductory provisions.

EFFECTIVE DATE

Section 331(b) of Pub. L. 102-190 provided that: ''Section 2708

of title 10, United States Code, shall apply with respect to

contracts entered into after the expiration of the 60-day period

beginning on the date of the enactment of this Act (Dec. 5,

1991).''

-CITE-

10 USC Sec. 2709 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2709. Investment control process for environmental

technologies

-STATUTE-

(a) Investment Control Process. - The Secretary of Defense shall

ensure that the technology planning process developed to implement

section 2501 of this title and section 270(b) of the National

Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201;

110 Stat. 2469) provides for an investment control process for the

selection, prioritization, management, and evaluation of

environmental technologies by the Department of Defense, the

military departments, and the Defense Agencies.

(b) Planning and Evaluation. - The environmental technology

investment control process required by subsection (a) shall

provide, at a minimum, for the following:

(1) The active participation by end-users of environmental

technology, including the officials responsible for the

environmental security programs of the Department of Defense and

the military departments, in the selection and prioritization of

environmental technologies.

(2) The development of measurable performance goals and

objectives for the management and development of environmental

technologies and specific mechanisms for assuring the achievement

of the goals and objectives.

(3) Annual performance reviews to determine whether the goals

and objectives have been achieved and to take appropriate action

in the event that they are not achieved.

-SOURCE-

(Added Pub. L. 106-65, div. A, title III, Sec. 323(b)(1), Oct. 5,

1999, 113 Stat. 562.)

-REFTEXT-

REFERENCES IN TEXT

Section 270(b) of the National Defense Authorization Act for

Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2469), referred to

in subsec. (a), is set out as a note under section 2501 of this

title.

-MISC2-

PURPOSES OF SECTION 323 OF PUB. L. 106-65

Pub. L. 106-65, div. A, title III, Sec. 323(a), Oct. 5, 1999,

113 Stat. 562, provided that: ''The purposes of this section

(enacting this section, amending section 2706 of this title, and

enacting provisions set out as a note under section 2706 of this

title) are -

''(1) to hold the Department of Defense and the military

departments accountable for achieving performance-based results

in the management of environmental technology by providing a

connection between program direction and the achievement of

specific performance-based results;

''(2) to assure the identification of end-user requirements for

environmental technology within the military departments;

''(3) to assure results, quality of effort, and appropriate

levels of service and support for end-users of environmental

technology within the military departments; and

''(4) to promote improvement in the performance of

environmental technologies by establishing objectives for

environmental technology programs, measuring performance against

such objectives, and making public reports on the progress made

in such performance.''

-CITE-

10 USC Sec. 2710 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 160 - ENVIRONMENTAL RESTORATION

-HEAD-

Sec. 2710. Inventory of unexploded ordnance, discarded military

munitions, and munitions constituents at defense sites (other

than operational ranges)

-STATUTE-

(a) Inventory Required. - (1) The Secretary of Defense shall

develop and maintain an inventory of defense sites that are known

or suspected to contain unexploded ordnance, discarded military

munitions, or munitions constituents.

(2) The information in the inventory for each defense site shall

include, at a minimum, the following:

(A) A unique identifier for the defense site.

(B) An appropriate record showing the location, boundaries, and

extent of the defense site, including identification of the State

and political subdivisions of the State in which the defense site

is located and any Tribal lands encompassed by the defense site.

(C) Known persons and entities, other than a military

department, with any current ownership interest or control of

lands encompassed by the defense site.

(D) Any restrictions or other land use controls currently in

place at the defense site that might affect the potential for

public and environmental exposure to the unexploded ordnance,

discarded military munitions, or munitions constituents.

(b) Site Prioritization. - (1) The Secretary shall develop, in

consultation with representatives of the States and Indian Tribes,

a proposed protocol for assigning to each defense site a relative

priority for response activities related to unexploded ordnance,

discarded military munitions, and munitions constituents based on

the overall conditions at the defense site. After public notice

and comment on the proposed protocol, the Secretary shall issue a

final protocol and shall apply the protocol to defense sites listed

on the inventory. The level of response priority assigned the site

shall be included with the information required by subsection

(a)(2).

(2) In assigning the response priority for a defense site on the

inventory, the Secretary shall primarily consider factors relating

to safety and environmental hazard potential, such as the

following:

(A) Whether there are known, versus suspected, unexploded

ordnance, discarded military munitions, or munitions constituents

on all or any portion of the defense site and the types of

unexploded ordnance, discarded military munitions, or munitions

constituents present or suspected to be present.

(B) Whether public access to the defense site is controlled,

and the effectiveness of these controls.

(C) The potential for direct human contact with unexploded

ordnance, discarded military munitions, or munitions constituents

at the defense site and evidence of people entering the site.

(D) Whether a response action has been or is being undertaken

at the defense site under the Formerly Used Defense Sites program

or other program.

(E) The planned or mandated dates for transfer of the defense

site from military control.

(F) The extent of any documented incidents involving unexploded

ordnance, discarded military munitions, or munitions constituents

at or from the defense site, including incidents involving

explosions, discoveries, injuries, reports, and investigations.

(G) The potential for drinking water contamination or the

release of munitions constituents into the air.

(H) The potential for destruction of sensitive ecosystems and

damage to natural resources.

(3) The priority assigned to a defense site included on the

inventory shall not impair, alter, or diminish any applicable

Federal or State authority to establish requirements for the

investigation of, and response to, environmental problems at the

defense site.

(c) Updates and Availability. - (1) The Secretary shall annually

update the inventory and site prioritization list to reflect new

information that becomes available. The inventory shall be

available in published and electronic form.

(2) The Secretary shall work with communities adjacent to a

defense site to provide information concerning conditions at the

site and response activities. At a minimum, the Secretary shall

provide the site inventory information and site prioritization list

to appropriate Federal, State, tribal, and local officials, and, to

the extent the Secretary considers appropriate, to civil defense or

emergency management agencies and the public.

(d) Exceptions. - This section does not apply to the following:

(1) Any locations outside the United States.

(2) The presence of military munitions resulting from combat

operations.

(3) Operating storage and manufacturing facilities.

(4) Operational ranges.

(e) Definitions. - In this section:

(1) The term ''defense site'' applies to locations that are or

were owned by, leased to, or otherwise possessed or used by the

Department of Defense. The term does not include any operational

range, operating storage or manufacturing facility, or facility

that is used for or was permitted for the treatment or disposal

of military munitions.

(2) The term ''discarded military munitions'' means military

munitions that have been abandoned without proper disposal or

removed from storage in a military magazine or other storage area

for the purpose of disposal. The term does not include

unexploded ordnance, military munitions that are being held for

future use or planned disposal, or military munitions that have

been properly disposed of, consistent with applicable

environmental laws and regulations.

(3)(A) The term ''military munitions'' means all ammunition

products and components produced for or used by the armed forces

for national defense and security, including ammunition products

or components under the control of the Department of Defense, the

Coast Guard, the Department of Energy, and the National Guard.

The term includes confined gaseous, liquid, and solid

propellants, explosives, pyrotechnics, chemical and riot control

agents, smokes, and incendiaries, including bulk explosives and

chemical warfare agents, chemical munitions, rockets, guided and

ballistic missiles, bombs, warheads, mortar rounds, artillery

ammunition, small arms ammunition, grenades, mines, torpedoes,

depth charges, cluster munitions and dispensers, demolition

charges, and devices and components thereof.

(B) The term does not include wholly inert items, improvised

explosive devices, and nuclear weapons, nuclear devices, and

nuclear components, except that the term does include nonnuclear

components of nuclear devices that are managed under the nuclear

weapons program of the Department of Energy after all required

sanitization operations under the Atomic Energy Act of 1954 (42

U.S.C. 2011 et seq.) have been completed.

(4) The term ''munitions constituents'' means any materials

originating from unexploded ordnance, discarded military

munitions, or other military munitions, including explosive and

nonexplosive materials, and emission, degradation, or breakdown

elements of such ordnance or munitions.

(5) The term ''operational range'' means a military range that

is used for range activities, or a military range that is not

currently being used, but that is still considered by the

Secretary to be a range area, is under the jurisdiction, custody,

or control of the Department of Defense, and has not been put to

a new use that is incompatible with range activities.

(6) The term ''possessions'' includes Johnston Atoll, Kingman

Reef, Midway Island, Nassau Island, Palmyra Island, and Wake

Island.

(7) The term ''Secretary'' means the Secretary of Defense.

(8) The term ''State'' means the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, and the territories and

possessions.

(9) The term ''unexploded ordnance'' means military munitions

that -

(A) have been primed, fused, armed, or otherwise prepared for

action;

(B) have been fired, dropped, launched, projected, or placed

in such a manner as to constitute a hazard to operations,

installations, personnel, or material; and

(C) remain unexploded either by malfunction, design, or any

other cause.

(10) The term ''United States'', in a geographic sense, means

the States, territories, and possessions and associated navigable

waters, contiguous zones, and ocean waters of which the natural

resources are under the exclusive management authority of the

United States.

-SOURCE-

(Added Pub. L. 107-107, div. A, title III, Sec. 311(a)(1), Dec.

28, 2001, 115 Stat. 1048.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (e)(3)(B),

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 2011 of Title 42

and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

INITIAL INVENTORY

Pub. L. 107-107, div. A, title III, Sec. 311(b), Dec. 28, 2001,

115 Stat. 1051, provided that: ''The requirements of section 2710

of title 10, United States Code, as added by subsection (a), shall

be implemented as follows:

''(1) The initial inventory required by subsection (a) of such

section shall be completed not later than May 31, 2003.

''(2) The proposed prioritization protocol required by

subsection (b) of such section shall be available for public

comment not later than November 30, 2002.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2701, 2703 of this title.

-CITE-