10 U.S.C. § 2701 — Environmental restoration program

Page 2148 TITLE 10—ARMED FORCES § 2700 Sec. 2710. Inventory of unexploded ordnance, discarded military munitions, and munitions con- stituents at defense sites (other than oper- ational ranges). 2711. Annual report on defense environmental pro- grams. 2712. Reporting on usage and spills of aqueous film- forming foam. 2713. Native American lands environmental miti- gation program. 2714. Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military in- stallations and facilities of the National Guard. 2716. Budget justification document for funding re- lating to perfluoroalkyl substances and polyfluoroalkyl substances. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, div. A, title III, § 332, Dec. 22, 2023, 137 Stat. 222, added item 2716. Amendment was made pursuant to operation of section 102 of this title. 2021—Pub. L. 117–81, div. A, title III, § 341(b), Dec. 27, 2021, 135 Stat. 1642, added items 2714 and 2715. Pub. L. 116–283, div. A, title III, §§ 318(b), 319(b), Jan. 1, 2021, 134 Stat. 3519, 3521, added items 2712 and 2713. 2011—Pub. L. 112–81, div. A, title III, § 317(b), title X, § 1061(22)(B), Dec. 31, 2011, 125 Stat. 1360, 1584, struck out item 2706 ‘‘Annual reports to Congress’’ and added item 2711. 2002—Pub. L. 107–314, div. A, title III, § 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, § 311(a)(2), Dec. 28, 2001, 115 Stat. 1051, added item 2710. 1999—Pub. L. 106–65, div. A, title III, § 323(b)(2), Oct. 5, 1999, 113 Stat. 563, added item 2709. 1996—Pub. L. 104–201, div. A, title III, § 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, § 331(a)(2), Dec. 5, 1991, 105 Stat. 1340, added item 2708. Pub. L. 102–25, title VII, § 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, § 357(a)(2)(B), Nov. 29, 1989, 103 Stat. 1427, which directed amendment of the item relating to section 2706 in the table of sec- tions 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. § 2700. Definitions In this chapter: (1) The term ‘‘CERCLA’’ means the Com- prehensive Environmental Response, Com- pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (2) The terms ‘‘environment’’, ‘‘facility’’, ‘‘hazardous substance’’, ‘‘person’’, ‘‘pollutant or contaminant’’, ‘‘release’’, ‘‘removal’’, ‘‘re- sponse’’, ‘‘disposal’’, and ‘‘hazardous waste’’ have the meanings given those terms in sec- tion 101 of CERCLA (42 U.S.C. 9601). (3) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (4) The term ‘‘National Guard facility’’ in- cludes land used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, with- out regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the juris- diction of the Department of Defense or a military department. (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1725, § 2707; renumbered § 2700 and amended Pub. L. 107–314, div. A, title III, § 313(a)(1), (c)(1), Dec. 2, 2002, 116 Stat. 2507; Pub. L. 111–383, div. A, title X, § 1075(b)(46)(A), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 116–92, div. A, title III, § 316(b), Dec. 20, 2019, 133 Stat. 1304; Pub. L. 116–283, div. A, title III, § 314(b), Jan. 1, 2021, 134 Stat. 3514; Pub. L. 117–263, div. A, title III, § 313(a), Dec. 23, 2022, 136 Stat. 2502; Pub. L. 118–31, div. A, title III, § 312(a), title XVIII, § 1801(a)(22), Dec. 22, 2023, 137 Stat. 215, 684.) Editorial Notes REFERENCES IN TEXT The Comprehensive Environmental Response, Com- pensation, 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 (§ 9601 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. AMENDMENTS 2023—Par. (2). Pub. L. 118–31, § 1801(a)(22), substituted ‘‘The terms’’ for ‘‘The term’’. Par. (4). Pub. L. 118–31, § 312(a), struck out ‘‘State- owned’’ before ‘‘National Guard facility’’ and ‘‘owned and operated by a State when such land is’’ before ‘‘used for training’’ and substituted ‘‘without regard to—’’ and subpars. (A) and (B) for ‘‘even though such land is not under the jurisdiction of the Department of Defense.’’ 2022—Par. (4). Pub. L. 117–263 added par. (4). 2021—Par. (2). Pub. L. 116–283, § 314(b), which directed amendment of par. (1) by substituting ‘‘The term’’ for ‘‘(A) The terms’’ and striking subpar. (B), was executed by making the amendment in par. (2) to reflect the probable intent of Congress. Prior to amendment, sub- par. (B) of par. (2) read as follows: ‘‘The term ‘facility’ includes real property that is owned by, leased to, or otherwise possessed by the United States at locations at which military activities are conducted under this title or title 32 (including real property owned or leased by the Federal Government that is licensed to and op- erated by a State for training for the National Guard).’’ 2019—Par. (2). Pub. L. 116–92 designated existing pro- visions as subpar. (A) and added subpar. (B). 2011—Par. (2). Pub. L. 111–383 inserted ‘‘ ‘pollutant or contaminant’,’’ after ‘‘ ‘person’,’’. 2002—Pub. L. 107–314, § 313(c)(1), added par. (1) and re- designated former pars. (1) and (2) as (2) and (3), respec- tively. Pub. L. 107–314, § 313(a)(1), renumbered section 2707 of this title as this section. Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 116–92, div. A, title III, § 316(d), Dec. 20, 2019, 133 Stat. 1304, provided that: ‘‘Nothing in this section [amending this section and sections 2701 and 2707 of this title], or the amendments made by this section, shall affect any requirement or authority under the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).’’ § 2701. Environmental restoration program (a) ENVIRONMENTAL RESTORATION PROGRAM.— Page 2149 TITLE 10—ARMED FORCES § 2701 (1) IN GENERAL.—The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facili- ties. The program shall be known as the ‘‘De- fense Environmental Restoration Program’’. (2) APPLICATION OF SECTION 120 OF CERCLA.— Activities of the program described in sub- section (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA (42 U.S.C. 9620). (3) CONSULTATION WITH EPA.—The program shall be carried out in consultation with the Administrator of the Environmental Protec- tion Agency. (4) ADMINISTRATIVE OFFICE WITHIN OSD.—The Secretary shall identify an office within the Office of the Secretary which shall have re- sponsibility for carrying out the program. (b) PROGRAM GOALS.—Goals of the program shall include the following: (1) The identification, investigation, re- search and development, and cleanup of con- tamination from a hazardous substance or pol- lutant or contaminant. (2) Correction of other environmental dam- age (such as detection and disposal of unexploded ordnance) which creates an immi- nent and substantial endangerment to the public health or welfare or to the environ- ment. (3) Demolition and removal of unsafe build- ings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdic- tion of the Secretary. (c) RESPONSIBILITY FOR RESPONSE ACTIONS.— (1) BASIC RESPONSIBILITY.—The Secretary shall carry out (in accordance with the provi- sions of this chapter and CERCLA) all re- sponse actions with respect to releases of haz- ardous substances or pollutants or contami- nants 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 Sec- retary. (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 or pollutants or contaminants. (C) Each vessel owned or operated by the Department of Defense. (D) Each National Guard facility being used for training the National Guard pursu- ant to chapter 5 of title 32 with funds pro- vided by the Secretary of Defense or the Sec- retary of a military department at the time of actions leading to contamination by haz- ardous substances or pollutants or contami- nants. (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 (relating to settlements) of CERCLA (42 U.S.C. 9622). (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 or pollutants or con- taminants on lands which are under the juris- diction of the Secretary to the same extent that nongovernmental entities are required to pay fees and charges imposed by State au- thorities for permit services. The preceding sentence shall not apply with respect to a pay- ment 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 govern- ment agency, any Indian tribe, any owner of covenant property, or any nonprofit conserva- tion organization to obtain the services of the agency, Indian tribe, owner, 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, inves- tigation, and cleanup of any off-site contami- nation resulting from the release of a haz- ardous substance or waste at a facility under the Secretary’s jurisdiction or at a National Guard facility. (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. This two-year limitation does not apply to an agreement funded using amounts in the Department of Defense Base Closure Ac- count established by section 2906 of the De- fense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). (3) LIMITATION ON REIMBURSABLE AGREE- MENTS.—An agreement with an agency under paragraph (1) may not provide for reimburse- ment of the agency for regulatory enforce- ment activities. An agreement under such paragraph with respect to a site also may not change the cleanup standards selected for the site pursuant to law. (4) DEFINITIONS.—In this subsection: (A) The term ‘‘Indian tribe’’ has the mean- ing given such term in section 101(36) of CERCLA (42 U.S.C. 9601(36)). (B) The term ‘‘nonprofit conservation or- ganization’’ means any non-governmental nonprofit organization whose primary pur- pose is conservation of open space or natural resources. (C) The term ‘‘owner of covenant prop- erty’’ means an owner of property subject to a covenant provided by the United States in accordance with the requirements of para- graphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), so long as the covenant property is the site at which the services procured under paragraph (1) are to be performed. (5) SAVINGS CLAUSE.—Nothing in this sub- section affects the applicability of section 120 Page 2150 TITLE 10—ARMED FORCES § 2701 1 See References in Text note below. of CERCLA (42 U.S.C. 9620) to the Department of Defense or the obligations and responsibil- ities of the Department of Defense under sub- section (h) of such section. (e) RESPONSE ACTION CONTRACTORS.—The pro- visions of section 119 of CERCLA (42 U.S.C. 9619) 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 De- partment of Defense may be used at sites for- merly used by the Department of Defense for re- moval of unsafe buildings or debris of the De- partment of Defense. (g) REMOVAL OF UNSAFE BUILDINGS AND DEBRIS BEFORE RELEASE FROM FEDERAL CONTROL.—In the case of property formerly used by the De- partment 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 Administra- tion on the transfer of property in a safe condi- tion shall be completed before the property is released from Federal Government control, ex- cept in the case of property to be conveyed to an entity of State or local government or to a na- tive 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 con- tract under the Defense Environmental Restora- tion Program and begins activities to meet its obligations under such bond, shall, in connec- tion with such activities or obligations, be enti- tled to any indemnification and the same stand- ard of liability to which its principal was enti- tled under the contract or under any applicable law or regulation. (i) SURETY BONDS.— (1) APPLICABILITY OF SECTIONS 3131 AND 3133 OF TITLE 40.—If under sections 3131 and 3133 of title 40 surety bonds are required for any di- rect Federal procurement of any response ac- tion contract under the Defense Environ- mental 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 AC- TION UNDER BONDS.—If, under applicable Fed- eral law, surety bonds are required for any di- rect Federal procurement of any response ac- tion contract under the Defense Environ- mental Restoration Program, no right of ac- tion 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 De- fense Environmental Restoration Program, unless otherwise provided for by the Secretary in the bond, in the event of a default, the sure- ty’s liability on a performance bond shall be only for the cost of completion of the contract work in accordance with the plans and speci- fications 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 indem- nify or compensate the obligee for loss or li- ability arising from personal injury or prop- erty damage whether or not caused by a breach of the bonded contract. (4) NONPREEMPTION.—Nothing in this section shall be construed as preempting, limiting, su- perseding, affecting, applying to, or modifying any State laws, regulations, requirements, rules, practices, or procedures. Nothing in this section shall be construed as affecting, apply- ing 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 Decem- ber 5, 1991. (2) Subsections (h) and (i) shall not apply to bonds to which section 119(g) of CERCLA (42 U.S.C. 9619(g)) applies. (k) UXO PROGRAM MANAGER.—(1) The Sec- retary of Defense shall designate a program manager who shall serve as the single point of contact in the Department of Defense for policy and budgeting issues involving the characteriza- tion, research, remediation, and management of explosive and related risks with respect to unexploded ordnance, discarded military muni- tions, and munitions constituents at defense sites (as such terms are defined in section 2710 1 of this title) that pose a threat to human health or safety. (2) The position of program manager shall be filled by— (A) an employee in a position that is equiva- lent to pay grade O–6 or above; or (B) a member of the armed forces who is serving in the grade of colonel or, in the case of the Navy, captain, or in a higher grade. (3) The program manager shall report to the Assistant Secretary of Defense for Energy, In- stallations, and Environment. (4) The program manager may establish an independent advisory and review panel that may include representatives of the National Acad- emy of Sciences, nongovernmental organiza- tions with expertise regarding unexploded ord- nance, discarded military munitions, or muni- tions constituents, the Environmental Protec- tion Agency, States (as defined in section 2710 1 of this title), and tribal governments. If estab- lished, the panel shall report annually to Con- gress on progress made by the Department of Defense to address unexploded ordnance, dis- carded military munitions, or munitions con- stituents at defense sites and make such rec- ommendations as the panel considers appro- priate. (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1719; amended Pub. L. 101–510, div. A, title XIV, § 1481(i)(1), Nov. 5, 1990, 104 Stat. 1708; Pub. L. 102–190, div. A, title III, Page 2151 TITLE 10—ARMED FORCES § 2701 § 336(a), Dec. 5, 1991, 105 Stat. 1342; Pub. L. 102–484, div. A, title III, § 331(b), title X, § 1052(35), Oct. 23, 1992, 106 Stat. 2373, 2501; Pub. L. 103–35, title II, § 201(d)(6), May 31, 1993, 107 Stat. 99; Pub. L. 103–337, div. A, title III, §§ 322, 323, Oct. 5, 1994, 108 Stat. 2711; Pub. L. 104–106, div. A, title III, § 321(a)(1), title XV, § 1504(a)(1), div. D, title XLIII, § 4321(b)(22), Feb. 10, 1996, 110 Stat. 251, 513, 673; Pub. L. 104–201, div. A, title III, § 329, Sept. 23, 1996, 110 Stat. 2483; Pub. L. 107–107, div. A, title III, § 314, Dec. 28, 2001, 115 Stat. 1053; Pub. L. 107–217, § 3(b)(17), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 107–314, div. A, title III, §§ 311, 312, 313(c)(2), div. B, title XXVIII, § 2812(c), Dec. 2, 2002, 116 Stat. 2506, 2508, 2709; Pub. L. 108–375, div. A, title X, § 1084(d)(24), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–163, div. A, title III, § 312(a), Jan. 6, 2006, 119 Stat. 3190; Pub. L. 109–284, § 2, Sept. 27, 2006, 120 Stat. 1211; Pub. L. 109–364, div. A, title III, §§ 311, 312, Oct. 17, 2006, 120 Stat. 2137; Pub. L. 111–84, div. A, title X, § 1073(a)(28), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title X, § 1075(b)(46)(B), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112–239, div. B, title XXVII, § 2711(c)(4)(A), Jan. 2, 2013, 126 Stat. 2144; Pub. L. 113–291, div. A, title IX, § 901(n)(2), Dec. 19, 2014, 128 Stat. 3469; Pub. L. 116–92, div. A, title III, § 316(c), Dec. 20, 2019, 133 Stat. 1304; Pub. L. 117–263, div. A, title III, § 313(b), (c), Dec. 23, 2022, 136 Stat. 2503; Pub. L. 118–31, div. A, title III, § 312(b)–(d), Dec. 22, 2023, 137 Stat. 215.) Editorial Notes REFERENCES IN TEXT Section 2710 of this title, referred to in subsec. (k), was subsequently amended, and no longer defines the term ‘‘unexploded ordnance’’. PRIOR PROVISIONS Provisions similar to those in subsecs. (f) and (g) of this section were contained in Pub. L. 101–165, title IX, § 9038, Nov. 21, 1989, 103 Stat. 1137, which was set out below, prior to repeal by Pub. L. 101–510, § 1481(i)(2). A prior section 2701 was renumbered section 2721 of this title. AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31, § 312(b), struck out ‘‘State-owned’’ before ‘‘National Guard’’. Subsec. (c)(1)(D). Pub. L. 118–31, § 312(c), struck out ‘‘State-owned’’ before ‘‘National Guard’’. Subsec. (d)(1). Pub. L. 118–31, § 312(d), inserted ‘‘or at a National Guard facility’’ after ‘‘the Secretary’s juris- diction’’. 2022—Subsec. (a)(1). Pub. L. 117–263, § 313(b), inserted ‘‘and at State-owned National Guard facilities’’ after ‘‘jurisdiction of the Secretary’’. Subsec. (c)(1)(D). Pub. L. 117–263, § 313(c), added sub- par. (D). 2019—Subsec. (c). Pub. L. 116–92 inserted ‘‘or pollut- ants or contaminants’’ after ‘‘hazardous substances’’ wherever appearing. 2013—Subsec. (d)(2). Pub. L. 112–239 substituted ‘‘De- partment of Defense Base Closure Account established by section 2906’’ for ‘‘Department of Defense Base Clo- sure Account 1990 or the Department of Defense Base Closure Account 2005 established under sections 2906 and 2906A’’. 2011—Subsec. (b)(1). Pub. L. 111–383 substituted ‘‘a hazardous substance or pollutant or contaminant’’ for ‘‘hazardous substances, pollutants, and contaminants’’. 2009—Subsec. (d)(5). Pub. L. 111–84 substituted ‘‘9620)’’ for ‘‘6920)’’. 2006—Subsec. (d)(1). Pub. L. 109–163, § 312(a)(1), in- serted ‘‘any owner of covenant property,’’ after ‘‘any Indian tribe,’’ and ‘‘owner,’’ after ‘‘, Indian tribe,’’. Subsec. (d)(2). Pub. L. 109–364, § 312, inserted at end ‘‘This two-year limitation does not apply to an agree- ment funded using amounts in the Department of De- fense Base Closure Account 1990 or the Department of Defense Base Closure Account 2005 established under sections 2906 and 2906A 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).’’ Subsec. (d)(3). Pub. L. 109–163, § 312(a)(2), inserted ‘‘An agreement under such paragraph with respect to a site also may not change the cleanup standards selected for the site pursuant to law.’’ at end. Subsec. (d)(4)(C). Pub. L. 109–163, § 312(a)(3), added sub- par. (C). Subsec. (d)(5). Pub. L. 109–163, § 312(a)(4), added par. (5). Subsec. (i)(1). Pub. L. 109–284 substituted ‘‘sections 3131 and 3133 of title 40’’ for ‘‘miller act’’ in heading. Subsec. (k)(1). Pub. L. 109–364, § 311(1), substituted ‘‘designate’’ for ‘‘establish’’ and inserted ‘‘research,’’ after ‘‘characterization,’’. Subsec. (k)(2) to (4). Pub. L. 109–364, § 311(2), (3), added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: ‘‘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.’’. 2004—Subsec. (a)(2). Pub. L. 108–375, § 1084(d)(24)(A), in- serted ‘‘(42 U.S.C. 9620)’’ before period at end. Subsec. (c)(2). Pub. L. 108–375, § 1084(d)(24)(B), sub- stituted ‘‘(relating to settlements) of CERCLA (42 U.S.C. 9622)’’ for ‘‘of CERCLA (relating to settle- ments)’’. Subsec. (e). Pub. L. 108–375, § 1084(d)(24)(C), inserted ‘‘(42 U.S.C. 9619)’’ after ‘‘CERCLA’’. Subsec. (j)(2). Pub. L. 108–375, § 1084(d)(24)(D), sub- stituted ‘‘CERCLA’’ for ‘‘the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980’’. 2002—Subsec. (a)(2). Pub. L. 107–314, § 313(c)(2), sub- stituted ‘‘CERCLA’’ for ‘‘the Comprehensive Environ- mental 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, § 2812(c)(1), substituted ‘‘Entities’’ for ‘‘Agencies’’ in heading. Subsec. (d)(1). Pub. L. 107–314, §§ 311(1), 2812(c)(2), sub- stituted ‘‘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 In- dian tribe,’’, and ‘‘the agency, Indian tribe, or organiza- tion’’ for ‘‘the agency’’. Subsec. (d)(2), (3). Pub. L. 107–314, § 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, § 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 ‘In- dian 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, § 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, § 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 In- dian tribe,’’ for ‘‘, or with any State or local govern- ment agency,’’ in par. (1) and added par. (3). Pub. L. 104–106, § 1504(a)(1), made technical correction to directory language of Pub. L. 103–337, § 322(1). See 1994 Amendment note below. Page 2152 TITLE 10—ARMED FORCES § 2701 Pub. L. 104–106, § 321(a)(1), amended subsec. (d) gen- erally. 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 In- dian tribe, to obtain the services of that agency to as- sist the Secretary in carrying out any of the Sec- retary’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 re- lease of a hazardous substance or waste at a facility under the Secretary’s jurisdiction. ‘‘(2) DEFINITION.—In this subsection, the term ‘In- dian tribe’ has the meaning given such term in sec- tion 101(36) of the Comprehensive Environmental Re- sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(36)).’’ Subsec. (i)(1). Pub. L. 104–106, § 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, § 322(1), as amended by Pub. L. 104–106, § 1504(a)(1), designated existing pro- visions as par. (1) and inserted par. (1) heading. Subsec. (d)(1). Pub. L. 103–337, § 322(2), inserted ‘‘or any Indian tribe’’ after ‘‘any State or local government agency’’. Subsec. (d)(2). Pub. L. 103–337, § 322(3), added par. (2). Subsec. (j)(1). Pub. L. 103–337, § 323, substituted ‘‘De- cember 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, § 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, § 331(b), substituted ‘‘December 31, 1995’’ for ‘‘December 31, 1992’’, designated existing pro- visions 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). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Assistant Secretary of Defense for Energy, Installa- tions, and Environment’’ substituted for ‘‘Deputy Under Secretary of Defense for Installations and Envi- ronment’’ in subsec. (k)(3) on authority of section 901(n)(2) of Pub. L. 113–291, set out as a References note under section 131 of this title. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. B, title XXVII, § 2711(d), Jan. 2, 2013, 126 Stat. 2144, provided that: ‘‘This section and the amendments made by this section [amending this sec- tion and sections 2703, 2705, and 2883 of this title and en- acting and amending provisions set out as notes under section 2687 of this title] shall take effect on the later of— ‘‘(1) October 1, 2013; and [sic] ‘‘(2) the date of the enactment of an Act author- izing funds for military construction for fiscal year 2014 [div. J of Pub. L. 113–76, approved Jan. 17, 2014].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1504(a), Feb. 10, 1996, 110 Stat. 513, provided that the amendment made by that section is effective as of Oct. 5, 1994, and as if in- cluded 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 2220 of this title. SAVINGS CLAUSE Nothing in amendments by section 316 of Pub. L. 116–92 to affect any requirement or authority under the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), see section 316(d) of Pub. L. 116–92, set out as a note under section 2700 of this title. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY USED DEFENSE SITES PROGRAMS Pub. L. 117–263, div. A, title III, § 326, Dec. 23, 2022, 136 Stat. 2518, provided that: ‘‘(a) GUIDANCE RELATING TO SITE PRIORITIZATION.— The Assistant Secretary of Defense for Energy, Instal- lations, and Environment shall issue guidance setting forth how, in prioritizing sites for activities funded under the ‘Environmental Restoration Account, For- merly Used Defense Sites’ account established under section 2703(a)(5) of title 10, United States Code, the As- sistant Secretary shall weigh the relative risk or other factors between Installation Restoration Program sites and Military Munitions Response Program sites. ‘‘(b) TARGET GOAL FOR MILITARY MUNITIONS RESPONSE PROGRAM.—The Assistant Secretary of Defense for En- ergy, Installations, and Environment shall establish a target goal for the completion of the cleanup of all Military Munitions Response Program sites.’’ ANNUAL BRIEFINGS ON DEPARTMENT OF DEFENSE PRO- CUREMENT OF COVERED ITEMS CONTAINING PFOS OR PFOA Pub. L. 117–263, div. A, title III, § 347(b), (c), Dec. 23, 2022, 136 Stat. 2532, provided that: ‘‘(b) ANNUAL BRIEFINGS.—Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes a description of each of the following: ‘‘(1) Steps taken to identify covered items procured by the Department of Defense that contain perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). ‘‘(2) Steps taken to identify products and vendors of covered items that do not contain PFOS or PFOA. ‘‘(3) Steps taken to limit the procurement by the Department of covered items that contain PFOS or PFOA. ‘‘(4) Steps the Secretary intends to take to limit the procurement of covered items that contain PFOS or PFOA. ‘‘(c) COVERED ITEM DEFINED.—In this section, the term ‘covered item’ means— ‘‘(1) nonstick cookware or cooking utensils for use in galleys or dining facilities; and ‘‘(2) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.’’ TEMPORARY MORATORIUM ON INCINERATION BY DEPART- MENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES, AND AQUEOUS FILM FORMING FOAM Pub. L. 117–81, div. A, title III, § 343, Dec. 27, 2021, 135 Stat. 1643, as amended by Pub. L. 118–31, div. A, title III, § 335, Dec. 22, 2023, 137 Stat. 222, provided that: ‘‘(a) TEMPORARY MORATORIUM.—Except as provided in subsection (c), beginning not later than 120 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following: ‘‘(1) The date on which the Secretary issues guid- ance implementing— ‘‘(A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environ- mental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961); and ‘‘(B) section 330 of the National Defense Author- ization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note). Page 2153 TITLE 10—ARMED FORCES § 2701 ‘‘(2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruc- tion and disposal of such materials pursuant to such section. ‘‘(b) REQUIRED ADOPTION OF FINAL RULE.—Upon publi- cation of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the in- terim guidance specified in subsection (a)(1)(A). ‘‘(c) TREATMENT OF CERTAIN MATERIALS.—Notwith- standing subsection (a), until the date on which the Secretary adopts the final rule pursuant to subsection (b), the Secretary may treat covered materials, includ- ing soils that have been contaminated with PFAS, through the use of any remediation or disposal tech- nology that is approved by the Administrator of the Environmental Protection Agency. ‘‘(d) REPORT.—Not later than one year after the en- actment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incin- eration by the Department of Defense of covered mate- rials during the year covered by the report, including— ‘‘(1) the total amount of covered materials inciner- ated; ‘‘(2) the temperature range specified in the permit where the covered materials were incinerated; ‘‘(3) the locations and facilities where the covered materials were incinerated; ‘‘(4) details on actions taken by the Department of Defense to implement section 330 of the National De- fense Authorization Act for Fiscal Year 2020; and ‘‘(5) recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal. ‘‘(e) SCOPE.—The prohibition in subsection (a) and re- porting requirements in subsection (d) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste proc- essing facility, subcontractor, or fuel blending facility, prior to incineration. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The term ‘AFFF’ means aqueous film forming foam. ‘‘(2) The term ‘covered material’ means any AFFF formulation containing PFAS, material contami- nated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site re- mediation or water filtration that— ‘‘(A) has been used by the Department of Defense or a military department; ‘‘(B) is being discarded for disposal by the Depart- ment of Defense or a military department; or ‘‘(C) is being removed from sites or facilities owned or operated by the Department of Defense. ‘‘(3) The term ‘PFAS’ means per- or polyfluoroalkyl substances.’’ REVIEW AND GUIDANCE RELATING TO PREVENTION AND MITIGATION OF SPILLS OF AQUEOUS FILM-FORMING FOAM Pub. L. 117–81, div. A, title III, § 344, Dec. 27, 2021, 135 Stat. 1644, provided that: ‘‘(a) REVIEW REQUIRED.—Not later than 180 days of after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as ‘AFFF’). Such review shall assess the following: ‘‘(1) The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF. ‘‘(2) Any requirements for the use of personal pro- tective equipment by personnel when conducting a material transfer or maintenance activity of the De- partment that may result in a spill of AFFF, or when conducting remediation activities for such a spill, in- cluding requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. ‘‘(3) The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment. ‘‘(b) GUIDANCE.—Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a min- imum, best practices and recommended requirements to ensure the following: ‘‘(1) The supervision by personnel trained in re- sponding to spills of AFFF of each material transfer or maintenance activity of the Department of De- fense that may result in such a spill. ‘‘(2) The use of containment berms and the covering of storm drains and catch basins by personnel per- forming maintenance activities for the Department in the vicinity of such drains or basins. ‘‘(3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire sup- pression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). ‘‘(c) BRIEFING.—Not later than 30 days after the date on which the Secretary issues the guidance under sub- section (b), the Secretary shall provide to the congres- sional defense committees [Committee on Armed Serv- ices and Committee on Appropriations of the Senate and House of Representatives] a briefing that summa- rizes the results of the review conducted under sub- section (a) and the guidance issued under subsection (b).’’ NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE Pub. L. 116–283, div. A, title III, § 335, Jan. 1, 2021, 134 Stat. 3532, provided that: ‘‘(a) NOTIFICATION REQUIRED.—Not later than 60 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notifica- tion described in subsection (b) to any agricultural op- eration located within one mile down gradient of a military installation or National Guard facility where covered PFAS— ‘‘(1) has been detected in groundwater; ‘‘(2) has been hydrologically linked to a local agri- cultural or drinking water source, including a water well; and ‘‘(3) is suspected to be, or known to be, the result of the use of PFAS at an installation of the Depart- ment of Defense located in the United States or State-owned facility of the National Guard. ‘‘(b) NOTIFICATION REQUIREMENTS.—The notification required under subsection (a) shall include the fol- lowing information: ‘‘(1) The name of the Department of Defense instal- lation or National Guard facility from which the cov- ered PFAS in groundwater originated. ‘‘(2) The specific covered PFAS detected in ground- water. ‘‘(3) The levels of the covered PFAS detected. ‘‘(4) Relevant governmental information regarding the health and safety of the covered PFAS detected, including relevant Federal or State standards for PFAS in groundwater, livestock, food commodities and drinking water, and any known restrictions for sale of agricultural products that have been irrigated or watered with water containing PFAS. ‘‘(c) ADDITIONAL TESTING RESULTS.—The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent up- dated information, including any results of new ele- Page 2154 TITLE 10—ARMED FORCES § 2701 vated testing, by not later than 15 days after receiving validated test results. ‘‘(d) REPORT TO CONGRESS.—Not later than 90 days after the date of the enactment of this Act, and annu- ally thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and For- estry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of providing notice under subsection (a). Such report shall include, for the period covered by the report— ‘‘(1) the approximate locations of such operations relative to installations of the Department of Defense located in the United States and State-owned facili- ties of the National Guard; ‘‘(2) the covered PFAS detected in groundwater; and ‘‘(3) the levels of covered PFAS detected. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered PFAS’ means each of the following: ‘‘(A) Perfluorooctanoic acid (commonly referred to as ‘PFOA’) (Chemical Abstracts Service No. 335–67–1) detected in groundwater above 70 parts per trillion, individually or in combination with PFOS. ‘‘(B) Perfluorooctane sulfonic acid (commonly re- ferred to as ‘PFOS’) (Chemical Abstracts Service No. 1763–23–1) detected in groundwater above 70 parts per trillion, individually or in combination with PFOA. ‘‘(C) Perfluorobutanesulfonic acid (commonly re- ferred to as ‘PFBS’) (Chemical Abstracts Service No. 375–73–5) detected in groundwater above 40 parts per billion. ‘‘(2) The term ‘PFAS’ means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.’’ CONTAMINATION BY PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES Pub. L. 118–31, div. A, title III, § 321(b), Dec. 22, 2023, 137 Stat. 221, provided that: ‘‘Beginning not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the status of cleanup at sites for which the Secretary has obli- gated funds for environmental restoration activities.’’ Pub. L. 117–263, div. A, title III, § 341(a), Dec. 23, 2022, 136 Stat. 2528, provided that: ‘‘(1) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], [the] Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the re- search efforts of the Department of Defense relating to perfluoroalkyl substances or polyfluoroalkyl sub- stances, which shall include the following: ‘‘(A) A description of any research collaboration or data sharing by the Department with the Department of Veterans Affairs, the Agency for Toxic Substances and Disease Registry, or any other agency (as defined in section 551 of title 5, United States Code), State, academic institution, nongovernmental organization, or other entity. ‘‘(B) Regularly updated information on research projects supported or conducted by the Department of Defense pertaining to the development, testing, and evaluation of a fluorine-free firefighting foam or any other alternative to aqueous film forming foam that contains perfluoroalkyl substances or polyfluoroalkyl substances, excluding any propri- etary information that is business confidential. ‘‘(C) Regularly updated information on research projects supported or conducted by the Department pertaining to the health effects of perfluoroalkyl sub- stances or polyfluoroalkyl substances, including in- formation relating to the impact of such substances on firefighters, veterans, and military families, and excluding any personally identifiable information. ‘‘(D) Regularly updated information on research projects supported or conducted by the Department pertaining to treatment options for drinking water, surface water, ground water, and the safe disposal of perfluoroalkyl substances or polyfluoroalkyl sub- stances. ‘‘(E) Budget information, including specific spend- ing information for the research projects relating to perfluoroalkyl substances or polyfluoroalkyl sub- stances that are supported or conducted by the De- partment. ‘‘(F) Such other matters as may be relevant to on- going research projects supported or conducted by the Department to address the use of perfluoroalkyl substances or polyfluoroalkyl substances and the health effects of the use of such substances. ‘‘(2) FORMAT.—The information published under para- graph (1) shall be made available in a downloadable, machine-readable, open, and user-friendly format. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘military installation’ includes ac- tive, inactive, and former military installations. ‘‘(B) The term ‘perfluoroalkyl substance’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. ‘‘(C) The term ‘polyfluoroalkyl substance’ means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated car- bon atoms, and nonfluorinated carbon atoms.’’ Pub. L. 116–92, div. A, title III, §§ 329–332, Dec. 20, 2019, 133 Stat. 1312, 1313, provided that: ‘‘SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUB- STANCES IN MEALS READY-TO-EAT FOOD PACKAGING. ‘‘(a) PROHIBITION.—Not later than October 1, 2021, the Director of the Defense Logistics Agency shall ensure that any food contact substances that are used to as- semble and package meals ready-to-eat (MREs) pro- cured by the Defense Logistics Agency do not contain any perfluoroalkyl substances or polyfluoroalkyl sub- stances. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) PERFLUOROALKYL SUBSTANCE.—The term ‘perfluoroalkyl substance’ means a man-made chem- ical of which all of the carbon atoms are fully fluorinated carbon atoms. ‘‘(2) POLYFLUOROALKYL SUBSTANCE.—The term ‘polyfluoroalkyl substance’ means a man-made chem- ical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. ‘‘SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND POLYFLUOROALKYL SUBSTANCES OR AQUEOUS FILM-FORMING FOAM. ‘‘(a) IN GENERAL.—The Secretary of Defense shall en- sure that when materials containing per- and polyfluoroalkyl substances (referred to in this section as ‘PFAS’) or aqueous film forming foam (referred to in this section as ‘AFFF’) are disposed— ‘‘(1) all incineration is conducted at a temperature range adequate to break down PFAS chemicals while also ensuring the maximum degree of reduction in emission of PFAS, including elimination of such emissions where achievable; ‘‘(2) all incineration is conducted in accordance with the requirements of the Clean Air Act (42 USC 7401 et seq.), including controlling hydrogen fluoride; ‘‘(3) any materials containing PFAS that are des- ignated for disposal are stored in accordance with the requirement under part 264 of title 40, Code of Federal Regulations; and ‘‘(4) all incineration is conducted at a facility that has been permitted to receive waste regulated under subtitle C of the Solid Waste Disposal Act (42 USC 6921 et seq.). Page 2155 TITLE 10—ARMED FORCES § 2701 ‘‘(b) SCOPE OF APPLICATION.—The requirements in subsection (a) only apply to all legacy AFFF formula- tions containing PFAS, materials contaminated by AFFF release, and spent filters or other PFAS con- taminated materials resulting from site remediation or water filtration that— ‘‘(1) have been used by the Department of Defense or a military department; or ‘‘(2) are being discarded for disposal by means of in- cineration by the Department of Defense or a mili- tary department; or ‘‘(3) are being removed from sites or facilities owned or operated by the Department of Defense. ‘‘SEC. 331. AGREEMENTS TO SHARE MONITORING DATA RELATING TO PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND OTHER CONTAMINANTS OF CONCERN. ‘‘(a) IN GENERAL.—The Secretary of Defense shall seek to enter into agreements with municipalities or municipal drinking water utilities located adjacent to military installations under which both the Secretary and the municipalities and utilities would share moni- toring data relating to perfluoroalkyl substances, polyfluoroalkyl substances, and other emerging con- taminants of concern collected at the military installa- tion. ‘‘(b) PUBLICLY AVAILABLE WEBSITE.—The Secretary of Defense shall maintain a publicly available website that provides a clearinghouse for information about the exposure of members of the Armed Forces, their fami- lies, and their communities to per- and polyfluoroalkyl substances. The information provided on the website shall include information on testing, clean-up, and rec- ommended available treatment methodologies. ‘‘(c) PUBLIC COMMUNICATION.—An agreement under subsection (a) does not negate the responsibility of the Secretary to communicate with the public about drink- ing water contamination from perfluoroalkyl sub- stances, polyfluoroalkyl substances, and other con- taminants. ‘‘(d) MILITARY INSTALLATION DEFINED.—In this sec- tion, the term ‘military installation’ has the meaning given that term in section 2801(c) of title 10, United States Code. ‘‘SEC. 332. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS CONTAMINATION BY PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ‘‘(a) COOPERATIVE AGREEMENTS.— ‘‘(1) IN GENERAL.—Upon request from the Governor or chief executive of a State, the Secretary of De- fense shall work expeditiously, pursuant to section 2701(d) of title 10, United States Code, to finalize a co- operative agreement, or amend an existing coopera- tive agreement to address testing, monitoring, re- moval, and remedial actions relating to the contami- nation or suspected contamination of drinking, sur- face, or ground water from PFAS originating from activities of the Department of Defense by providing the mechanism and funding for the expedited review and approval of documents of the Department related to PFAS investigations and remedial actions from an active or decommissioned military installation, in- cluding a facility of the National Guard. ‘‘(2) MINIMUM STANDARDS.—A cooperative agree- ment finalized or amended under paragraph (1) shall meet or exceed the most stringent of the following standards for PFAS in any environmental media: ‘‘(A) An enforceable State standard, in effect in that State, for drinking, surface, or ground water, as described in section 121(d)(2)(A)(ii) of the Com- prehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). ‘‘(B) An enforceable Federal standard for drink- ing, surface, or ground water, as described in sec- tion 121(d)(2)(A)(i) of the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). ‘‘(C) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)). ‘‘(3) OTHER AUTHORITY.—In addition to the require- ments for a cooperative agreement under paragraph (1), when otherwise authorized to expend funds for the purpose of addressing ground or surface water contaminated by a perfluorinated compound, the Sec- retary of Defense may, to expend those funds, enter into a grant agreement, cooperative agreement, or contract with— ‘‘(A) the local water authority with jurisdiction over the contamination site, including— ‘‘(i) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and ‘‘(ii) a publicly owned treatment works (as de- fined in section 212 of the Federal Water Pollu- tion Control Act (33 U.S.C. 1292)); or ‘‘(B) a State, local, or Tribal government. ‘‘(b) REPORT.—Beginning on February 1, 2020, if a co- operative agreement is not finalized or amended under subsection (a) within one year after the request from the Governor or chief executive under that subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees and Members of Congress a report— ‘‘(1) explaining why the agreement has not been fi- nalized or amended, as the case may be; and ‘‘(2) setting forth a projected timeline for finalizing or amending the agreement. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE COMMITTEES AND MEMBERS OF CON- GRESS.—The term ‘appropriate committees and Mem- bers of Congress’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; ‘‘(B) the Senators who represent a State impacted by PFAS contamination described in subsection (a)(1); and ‘‘(C) the Members of the House of Representatives who represent a district impacted by such contami- nation. ‘‘(2) FULLY FLUORINATED CARBON ATOM.—The term ‘fully fluorinated carbon atom’ means a carbon atom on which all the hydrogen substituents have been re- placed by fluorine. ‘‘(3) PFAS.—The term ‘PFAS’ means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least one fully fluorinated carbon atom. ‘‘(4) STATE.—The term ‘State’ has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liabil- ity Act of 1980 (42 U.S.C. 9601).’’ TREATMENT OF CONTAMINATED WATER NEAR MILITARY INSTALLATIONS Pub. L. 116–92, div. A, title III, subtitle C, Dec. 20, 2019, 133 Stat. 1317, provided that: ‘‘SEC. 341. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Prompt and Fast Action to Stop Damages Act of 2019’. ‘‘SEC. 342. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) PFOA.—The term ‘PFOA’ means perfluorooctanoic acid. ‘‘(2) PFOS.—The term ‘PFOS’ means perfluorooctane sulfonate. ‘‘SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICULTURAL PURPOSES. ‘‘(a) AUTHORITY.— ‘‘(1) IN GENERAL.—Using amounts authorized to be appropriated or otherwise made available for oper- Page 2156 TITLE 10—ARMED FORCES § 2701 ation and maintenance for the military department concerned, or for operation and maintenance Defense- wide in the case of the Secretary of Defense, the Sec- retary concerned may provide water sources uncontaminated with perfluoroalkyl and polyfluoroalkyl substances, including PFOA and PFOS, or treatment of contaminated waters, for agri- cultural purposes used to produce products destined for human consumption in an area in which a water source has been determined pursuant to paragraph (2) to be contaminated with such compounds by reason of activities on a military installation under the ju- risdiction of the Secretary concerned. ‘‘(2) APPLICABLE STANDARD.—For purposes of para- graph (1), an area is determined to be contaminated with PFOA or PFOS if— ‘‘(A) the level of contamination is above the Life- time Health Advisory for contamination with such compounds issued by the Environmental Protection Agency and printed in the Federal Register on May 25, 2016; or ‘‘(B) on or after the date the Food and Drug Ad- ministration sets a standard for PFOA and PFOS in raw agricultural commodities and milk, the level of contamination is above such standard. ‘‘(b) SECRETARY CONCERNED DEFINED.—In this section, the term ‘Secretary concerned’ means the following: ‘‘(1) The Secretary of the Army, with respect to the Army. ‘‘(2) The Secretary of the Navy, with respect to the Navy, the Marine Corps, and the Coast Guard (when it is operating as a service in the Navy). ‘‘(3) The Secretary of the Air Force, with respect to the Air Force. ‘‘(4) The Secretary of Defense, with respect to the Defense Agencies. ‘‘SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE. ‘‘(a) AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary of the Air Force may acquire one or more parcels of real property within the vicinity of an Air Force base that has shown signs of contamination from PFOA and PFOS due to activities on the base and which would extend the contiguous geographic footprint of the base and increase the force protection standoff near critical infrastructure and runways. ‘‘(2) IMPROVEMENTS AND PERSONAL PROPERTY.—The authority under paragraph (1) to acquire real prop- erty described in that paragraph shall include the au- thority to purchase improvements and personal prop- erty located on that real property. ‘‘(3) RELOCATION EXPENSES.—The authority under paragraph (1) to acquire real property described in that paragraph shall include the authority to provide Federal financial assistance for moving costs, reloca- tion benefits, and other expenses incurred in accord- ance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ‘‘(b) ENVIRONMENTAL ACTIVITIES.—The Air Force shall conduct such activities at a parcel or parcels of real property acquired under subsection (a) as are necessary to remediate contamination from PFOA and PFOS re- lated to activities at the Air Force base. ‘‘(c) FUNDING.—Funds for the land acquisitions au- thorized under subsection (a) shall be derived from amounts authorized to be appropriated for fiscal year 2020 for military construction or the unobligated bal- ances of appropriations for military construction that are enacted after the date of the enactment of this Act [Dec. 20, 2019]. ‘‘(d) RULE OF CONSTRUCTION.—The authority under this section constitutes authority to carry out land ac- quisitions for purposes of section 2802 of title 10, United States Code. ‘‘SEC. 345. REMEDIATION PLAN. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall submit to Congress a reme- diation plan for cleanup of all water at or adjacent to a military installation that is contaminated with PFOA or PFOS. ‘‘(b) STUDY.—In preparing the remediation plan under subsection (a), the Secretary shall conduct a study on the contamination of water at military installations with PFOA or PFOS. ‘‘(c) BUDGET AMOUNT.—The Secretary shall ensure that each budget of the President submitted to Con- gress under section 1105(a) of title 31, United States Code, requests funding in amounts necessary to address remediation efforts under the remediation plan sub- mitted under subsection (a).’’ PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW RELATING TO EXPLOSIVE ORDNANCE DISPOSAL Pub. L. 114–328, div. A, title III, § 343, Dec. 23, 2016, 130 Stat. 2082, provided that: ‘‘(a) PLAN REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall develop a plan to establish an explosive ordnance dis- posal program in the Department of Defense to en- sure close and continuous coordination among the military departments on matters relating to explo- sive ordnance disposal. ‘‘(2) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— The plan under paragraph (1) shall include provisions under which— ‘‘(A) the Secretary of Defense shall— ‘‘(i) assign responsibility for the coordination and integration of explosive ordnance disposal to a joint office or entity in the Office of the Sec- retary of Defense; and ‘‘(ii) designate the Secretary of the Navy (or a designee of the Secretary of the Navy) as the ex- ecutive agent for the Department of Defense to coordinate and integrate research, development, test, and evaluation activities and procurement activities of the military departments relating to explosive ordnance disposal; and ‘‘(B) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance dis- posal and may carry out research, development, test, and evaluation activities and procurement ac- tivities to address such needs. ‘‘(b) ANNUAL EXPLOSIVE ORDNANCE DISPOSAL FUNDING DOCUMENTS.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2017, a consolidated funding display, in classified and unclas- sified form, that identifies the funding source for all explosive ordnance disposal activities within the De- partment of Defense. ‘‘(2) ELEMENTS.—The funding display under para- graph (1) for a fiscal year shall include a single pro- gram element from each military department for each of the following: ‘‘(A) Research, development, test, and evaluation. ‘‘(B) Procurement. ‘‘(C) Operation and maintenance. ‘‘(D) Any other program element used to fund ex- plosive ordnance disposal activities (but not includ- ing any program element relating to military con- struction). ‘‘(c) MANAGEMENT REVIEW AND ASSESSMENT.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall re- view and assess the effectiveness of current manage- ment structures in supporting the explosive ordnance disposal needs of the combatant commands and the military departments. ‘‘(2) ELEMENTS.—The review and assessment under paragraph (1) shall include the following: ‘‘(A) A review of the organizational structures and responsibilities within the Office of the Sec- retary of Defense that provide policy and oversight of the policies, programs, acquisition activities, and personnel of the military departments relating to explosive ordnance disposal. Page 2157 TITLE 10—ARMED FORCES § 2701 ‘‘(B) A review of the organizational structures and responsibilities within the military depart- ments that— ‘‘(i) man, equip, and train explosive ordnance disposal forces; and ‘‘(ii) support such forces with manpower, tech- nology, equipment, and readiness. ‘‘(C) A review of the organizational structures and responsibilities of the Secretary of the Navy as the executive agent for explosive ordnance disposal technology and training. ‘‘(D) Budget displays for each military depart- ment that support research, development, test, and evaluation; procurement; and operation and main- tenance, relating to explosive ordnance disposal. ‘‘(E) An assessment of the adequacy of the organi- zational structures and responsibilities and the alignment of funding within the military depart- ments in supporting the needs of the combatant commands and the military departments with re- spect to explosive ordnance disposal. ‘‘(d) BRIEFING.—Not later than March 1, 2017, the Sec- retary shall provide to the Committees on Armed Serv- ices of the Senate and the House of Representatives a briefing that includes— ‘‘(1) details of the plan required under subsection (a); ‘‘(2) the results of the review and assessment under subsection (c); ‘‘(3) a description of any measures undertaken to improve joint coordination, oversight, and manage- ment of programs relating to explosive ordnance dis- posal; ‘‘(4) recommendations to the Secretary to improve the capabilities and readiness of explosive ordnance disposal forces; and ‘‘(5) an explanation of the advantages and disadvan- tages of assigning responsibility for the coordination and integration of explosive ordnance disposal to a single joint office or entity in the Office of the Sec- retary of Defense. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) EXPLOSIVE ORDNANCE.—The term ‘explosive ord- nance’ means any munition containing explosives, nuclear fission or fusion materials, or biological or chemical agents, including— ‘‘(A) bombs and warheads; ‘‘(B) guided and ballistic missiles; ‘‘(C) artillery, mortar, rocket, and small arms munitions; ‘‘(D) mines, torpedoes, and depth charges; ‘‘(E) demolition charges; ‘‘(F) pyrotechnics; ‘‘(G) clusters and dispensers; ‘‘(H) cartridge and propellant actuated devices; ‘‘(I) electro-explosive devices; and ‘‘(J) clandestine and improvised explosive devices. ‘‘(2) DISPOSAL.—The term ‘disposal’ means, with re- spect to explosive ordnance, the detection, identifica- tion, field evaluation, defeat, disablement, or ren- dering safe, recovery and exploitation, and final dis- position of the ordnance.’’ PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN PITS Pub. L. 111–84, div. A, title III, § 317, Oct. 28, 2009, 123 Stat. 2249, as amended by Pub. L. 112–81, div. A, title III, § 316, Dec. 31, 2011, 125 Stat. 1358; Pub. L. 113–66, div. A, title III, § 314, Dec. 26, 2013, 127 Stat. 729; Pub. L. 113–291, div. A, title X, § 1071(g)(1), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 117–81, div. A, title III, § 316, Dec. 27, 2021, 135 Stat. 1630, provided that: ‘‘(a) REGULATIONS.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall prescribe regulations pro- hibiting the disposal of covered waste in open-air burn pits during contingency operations except in circumstances in which the Secretary determines that no alternative disposal method is feasible. Such regulations shall apply to contingency operations that are ongoing as of the date of the enactment of this Act, including Operation Iraqi Freedom and Op- eration Enduring Freedom, and to contingency oper- ations that begin after the date of the enactment of this Act. ‘‘(2) NOTIFICATION.—In determining that no alter- native disposal method is feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the Secretary shall— ‘‘(A) not later than 30 days after such determina- tion is made, submit to the Committees on Armed Services of the Senate and House of Representa- tives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and ‘‘(B) after notice is given under subparagraph (A), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Rep- resentatives the justifications of the Secretary for continuing to operate such open-air burn pit. ‘‘(3) EXEMPTION AUTHORITY FOR CERTAIN LOCA- TIONS.— ‘‘(A) IN GENERAL.—The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount in- terest of the United States to do so. ‘‘(B) NONDELEGATION.—The Secretary may not delegate the authority under subparagraph (A). ‘‘(4) REPORTING REQUIREMENT FOR LOCATION EXEMP- TIONS.— ‘‘(A) IN GENERAL.—Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Com- mittees on Armed Services of the Senate and the House of Representatives a written report that identifies— ‘‘(i) the location of the open-air burn pit; ‘‘(ii) the number of personnel of the United States assigned to the location where the open- air burn pit is being used; ‘‘(iii) the size and expected duration of use of the open-air burn pit; ‘‘(iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when air- borne hazards are present, including how such equipment will be provided when required; and ‘‘(v) the need for the open-air burn pit and ra- tionale for granting the exemption. ‘‘(B) FORM.—A report submitted under subpara- graph (A) shall be submitted in unclassified form, but may include a classified annex. ‘‘(b) REPORT.—Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Sec- retary shall submit to the Committees on Armed Serv- ices of the Senate and House of Representatives a re- port on the use of open-air burn pits by the United States Armed Forces. Such report shall include— ‘‘(1) an explanation of the situations and cir- cumstances under which open-air burn pits are used to dispose of waste during military exercises and op- erations worldwide; ‘‘(2) a detailed description of the types of waste au- thorized to be burned in open-air burn pits; ‘‘(3) a plan through which the Secretary intends to develop and implement alternatives to the use of open-air burn pits; ‘‘(4) a copy of the regulations required to be pre- scribed by subsection (a); ‘‘(5) the health and environmental compliance standards the Secretary has established for military and contractor operations in Iraq and Afghanistan with regard to solid waste disposal, including an as- sessment of whether those standards are being met; ‘‘(6) a description of the environmental, health, and operational impacts of open-pit burning of plastics Page 2158 TITLE 10—ARMED FORCES § 2701 and the feasibility of including plastics in the regula- tions prescribed pursuant to subsection (a); and ‘‘(7) an assessment of the ability of existing medical surveillance programs to identify and track expo- sures to toxic substances that result from open-air burn pits, including recommendations for such changes to such programs as would be required to more accurately identify and track such exposures. ‘‘(c) HEALTH ASSESSMENT REPORTS.—Not later than 180 days after notice is due under subsection (a)(2), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a health assessment report on each open-air burn pit at a location where at least 100 personnel have been em- ployed for 90 consecutive days or more. Each such re- port shall include each of the following: ‘‘(1) An epidemiological description of the short- term and long-term health risks posed to personnel in the area where the burn pit is located because of ex- posure to the open-air burn pit. ‘‘(2) A copy of the methodology used to determine the health risks described in paragraph (1). ‘‘(3) A copy of the assessment of the operational risks and health risks when making the determina- tion pursuant to subsection (a) that no alternative disposal method is feasible for the open-air burn pit. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘contingency operation’ has the meaning given that term by section 101(a)(13) of title 10, United States Code. ‘‘(2) The term ‘covered waste’ includes— ‘‘(A) hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)); ‘‘(B) medical waste; ‘‘(C) tires; ‘‘(D) treated wood; ‘‘(E) batteries; ‘‘(F) plastics, except insignificant amounts of plastic remaining after a good-faith effort to re- move or recover plastic materials from the solid waste stream; ‘‘(G) munitions and explosives, except when dis- posed of in compliance with guidance on the de- struction of munitions and explosives contained in the Department of Defense Ammunition and Explo- sives Safety Standards, DoD Manual 6055.09-M; ‘‘(H) compressed gas cylinders, unless empty with valves removed; ‘‘(I) fuel containers, unless completely evacuated of its contents; ‘‘(J) aerosol cans; ‘‘(K) polychlorinated biphenyls; ‘‘(L) petroleum, oils, and lubricants products (other than waste fuel for initial combustion); ‘‘(M) asbestos; ‘‘(N) mercury; ‘‘(O) foam tent material; ‘‘(P) any item containing any of the materials re- ferred to in a preceding paragraph; and ‘‘(Q) other waste as designated by the Secretary.’’ PURPOSE OF PUB. L. 109–284 Pub. L. 109–284, § 1, Sept. 27, 2006, 120 Stat. 1211, pro- vided that: ‘‘The purpose of this Act [amending this section, sections 107 and 210 of Title 23, Highways, sec- tion 1499 of Title 28, Judiciary and Judicial Procedure, sections 2301, 20908, 40103, 70912, 150511, 151303, 153513, 220104, 220501, 220505, 220506, 220509, 220511, 220512, and 220521 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, and sections 522, 552, 554, 581, 593, 611, 3131, 3133, 3141, 3142, 3701, 3702, 3704, 6111, 8104, 8105, 8501, 8502, 8711, 8712, 8722, 9302, 14308, and 17504 of Title 40, Public Buildings, Property, and Works] is to make technical corrections to the United States Code relating to cross references, typographical errors, and stylistic matters.’’ FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM Pub. L. 106–398, § 1 [div. C, title XXXI, § 3138], Oct. 30, 2000, 114 Stat. 1654, 1654A–461, provided that: ‘‘(a) CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN TRAVEL EXPENSES.—Effective No- vember 1, 2001, but subject to subsection (b), no funds authorized to be appropriated or otherwise made avail- able by this or any other Act for the Department of En- ergy or the Department of the Army may be obligated or expended for travel by— ‘‘(1) the Secretary of Energy or any officer or em- ployee 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 re- quirements 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 com- mittees.’’ Pub. L. 106–65, div. C, title XXXI, § 3131, Oct. 5, 1999, 113 Stat. 925, provided that: ‘‘Notwithstanding any other provision of law, no funds authorized to be appro- priated or otherwise made available by this Act [see Tables for classification], or by any Act authorizing ap- propriations for the military activities of the Depart- ment of Defense or the defense activities of the Depart- ment 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 Ac- tion Program as of the date of the enactment of this Act [Oct. 5, 1999].’’ Pub. L. 106–60, title VI, § 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 Pro- gram, shall undertake the following functions and ac- tivities to be performed at eligible sites where remedi- ation has not been completed: ‘‘(1) Sampling and assessment of contaminated areas. ‘‘(2) Characterization of site conditions. ‘‘(3) Determination of the nature and extent of con- tamination. ‘‘(4) Selection of the necessary and appropriate re- sponse 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 in- terests where necessary, which may be transferred upon completion of remediation to the administra- tive jurisdiction of the Secretary of Energy. ‘‘(b) Any response action under that program by the Secretary of the Army, acting through the Chief of En- gineers, shall be subject to the Comprehensive Environ- mental 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 Sub- stances Pollution Contingency Plan (40 CFR 300). ‘‘(c) Any sums recovered under CERCLA or other au- thority 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. Page 2159 TITLE 10—ARMED FORCES § 2701 ‘‘(d) The Secretary of Energy may exercise the au- thority 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 Fed- eral agency has administrative jurisdiction over the property and notwithstanding any reference to ‘the ac- tivities of the Commission’ in that section. ‘‘(e) This section does not alter, curtail, or limit the authorities, functions, or responsibilities of other agen- cies 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 FOR- MERLY USED BY DEPARTMENT OF DEFENSE Pub. L. 105–261, div. A, title III, § 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 govern- ment 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, § 348, Nov. 18, 1997, 111 Stat. 1689, provided that: ‘‘(a) REGULATIONS.—Not later than March 1, 1998, the Secretary of Defense shall prescribe regulations con- taining 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 con- cerning 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 envi- ronmental 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-re- covery and cost-sharing activities’ means activities concerning— ‘‘(1) the recovery of the costs of environmental res- toration at Department of Defense sites from con- tractors 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, § 316(b), Dec. 28, 2001, 115 Stat. 1053, directed the Secretary of Defense to pre- pare a report concerning the operation of the pilot pro- gram for the sale of economic incentives for the reduc- tion of emission of air pollutants attributable to mili- tary facilities, as authorized by section 351 of Pub. L. 105–85, formerly set out below, and to submit the report to the Congress not later than Mar. 1, 2003. Pub. L. 105–85, div. A, title III, § 351, Nov. 18, 1997, 111 Stat. 1692, as amended by Pub. L. 106–65, div. A, title III, § 325, Oct. 5, 1999, 113 Stat. 563; Pub. L. 107–107, div. A, title III, § 316(a), Dec. 28, 2001, 115 Stat. 1053, author- ized the Secretary of Defense, until Sept. 30, 2003, to 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. AUTHORITY TO DEVELOP AND IMPLEMENT LAND USE PLANS FOR DEFENSE ENVIRONMENTAL RESTORATION PROGRAM Pub. L. 104–201, div. A, title III, § 325, Sept. 23, 1996, 110 Stat. 2481, provided that: ‘‘(a) AUTHORITY.—The Secretary of Defense may, to the extent possible and practical, develop and imple- ment, as part of the Defense Environmental Restora- tion 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 Sec- retary is planning or implementing environmental res- toration activities, for which land use plans may be de- veloped under this section. ‘‘(c) REQUIREMENT TO CONSULT WITH REVIEW COM- MITTEE OR ADVISORY BOARD.—In developing a land use plan under this section, the Secretary shall consult with a technical review committee established pursu- ant to section 2705(c) of title 10, United States Code, a restoration advisory board established pursuant to sec- tion 2705(d) of such title, a local land use redevelop- ment authority, or another appropriate State agency. ‘‘(d) 50-YEAR PLANNING PERIOD.—A land use plan de- veloped 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 activi- ties 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, im- poundment, 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 [former] 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 rec- ommendations on whether such land use plans should be developed and implemented throughout the Depart- ment 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 requir- ing any modification to a land use plan that was devel- oped before the date of the enactment of this Act [Sept. 23, 1996]. Page 2160 TITLE 10—ARMED FORCES § 2701 ‘‘(2) Nothing in this section may be construed to af- fect statutory requirements for an environmental res- toration or waste management activity or project or to modify or otherwise affect applicable statutory or reg- ulatory environmental restoration and waste manage- ment requirements, including substantive standards in- tended to protect public health and the environment, nor shall anything in this section be construed to pre- empt 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 Pub. L. 104–106, div. A, title III, § 321(a)(2), Feb. 10, 1996, 110 Stat. 251, as amended by Pub. L. 105–85, div. A, title X, § 1073(d)(1)(A), Nov. 18, 1997, 111 Stat. 1905, pro- vided 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 Environ- mental 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 Pub. L. 103–337, div. A, title III, § 328, Oct. 5, 1994, 108 Stat. 2714, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish and conduct an education and training pro- gram for members of the Armed Forces and civilian employees of the Department of Defense whose respon- sibilities include planning or executing the environ- mental 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 EN- VIRONMENTAL TRAINING EXPERTISE.—As part of the pro- gram, 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 sub- section, the Secretary should encourage the use of the facility by members and employees referred to in sub- section (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 ENVIRON- MENTAL RESTORATION TO DISLOCATED DEFENSE WORKERS AND YOUNG ADULTS Pub. L. 103–160, div. A, title XIII, § 1333, Nov. 30, 1993, 107 Stat. 1798, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(11), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105–244, title I, § 102(a)(2)(D), Oct. 7, 1998, 112 Stat. 1617; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(8), (f)(7)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–420, 2681–430; Pub. L. 109–163, div. A, title X, § 1056(a)(2), Jan. 6, 2006, 119 Stat. 3438, provided that: ‘‘(a) GRANT PROGRAM AUTHORIZED.—(1) The Secretary of Defense may establish a program to provide dem- onstration 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 work- ers 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, ex- cept 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 Sec- retary may require. The application shall include the following: ‘‘(1) An assurance by the institution of higher edu- cation 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 edu- cation to provide expertise, training, and education in hazardous materials and waste management and other environmental fields applicable to defense man- ufacturing sites and Department of Defense and De- partment of Energy defense facilities. ‘‘(c) USE OF GRANT FUNDS.—(1) An institution of high- er 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 enti- ties described in paragraph (2) for the purpose of estab- lishing and conducting a program to provide education and training in environmental restoration and waste management to eligible individuals described in sub- section (d). To the extent practicable, the Secretary shall authorize the consortium to use a military instal- lation closed or selected to be closed under a base clo- sure 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 estab- lished under [former] section 117 of the Workforce In- vestment Act of 1998 [former 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 ter- mination 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 Sec- retary; or ‘‘(2) individuals who have attained the age of 16 but not the age of 25. ‘‘(e) ELEMENTS OF EDUCATION AND TRAINING PRO- GRAM.—In establishing or conducting an education and training program using funds provided under sub- section (a), the institution of higher education shall meet the following requirements: ‘‘(1) The institution of higher education shall estab- lish and provide a work-based learning system con- sisting 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 certifi- cate or degree at the institution of higher edu- cation. Page 2161 TITLE 10—ARMED FORCES § 2701 ‘‘(2) The institution of higher education shall un- dertake outreach and recruitment efforts to encour- age participation by eligible individuals in the edu- cation and training program. ‘‘(3) The institution of higher education shall select participants for the education and training program from among eligible individuals described in para- graph (1) or (2) of subsection (d). ‘‘(4) To the extent practicable, in the selection of young adults described in subsection (d)(2) to partici- pate in the education and training program, the insti- tution of higher education shall give priority to those young adults who— ‘‘(A) have not attended and are otherwise un- likely 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 an- nually 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 in- come level. ‘‘(5) To the extent practicable, the institution of higher education shall select instructors for the edu- cation 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 Fed- eral, State, and local agencies carrying out environ- mental 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 insti- tutions 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 RE- CIPIENT.—The amount of a grant under subsection (a) that may be made to a single institution of higher edu- cation 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 edu- cation 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 en- actment 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 insti- tution of higher education under paragraph (1); and ‘‘(B) an evaluation of the effectiveness of the dem- onstration grant program authorized by this section. ‘‘(3) Not later than January 1, 1997, the Secretary shall submit to the President and Congress a final re- port 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 sec- tion, including a recommendation as to the feasi- bility of continuing the program. ‘‘(i) DEFINITIONS.—For purposes of this section: ‘‘(1) BASE CLOSURE LAW.—The term ‘base closure law’ has the meaning given such term in section 101(a)(17) of title 10, United States Code. ‘‘(2) ENVIRONMENTAL RESTORATION.—The term ‘envi- ronmental restoration’ means actions taken con- sistent with a permanent remedy to prevent or mini- mize the release of hazardous substances into the en- vironment 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 Edu- cation 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, § 1334, Nov. 30, 1993, 107 Stat. 1801, as amended by Pub. L. 105–244, title I, § 102(a)(2)(E), Oct. 7, 1998, 112 Stat. 1617, provided that: ‘‘(a) AUTHORITY.—The Secretary of Defense, in con- sultation with the Secretary of Energy and the Admin- istrator of the Environmental Protection Agency, may establish a scholarship program in order to enable eli- gible individuals described in subsection (d) to under- take 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 lim- ited 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 environ- mental project management (including training for management positions); and ‘‘(H) environmental engineering with respect to the construction of facilities to address the items de- scribed 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 edu- cation associated with hazardous substance research centers to enable such individuals to undertake a pro- gram 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 sup- plemental to an academic degree. ‘‘(d) ELIGIBLE INDIVIDUALS.—Individuals eligible for scholarships under the program established under sub- section (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— Page 2162 TITLE 10—ARMED FORCES § 2701 ‘‘(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 separa- tion benefits program under section 1174a of title 10, United States Code, or the voluntary separa- tion incentive program under section 1175 of that title; and ‘‘(C) is not entitled to retired or retainer pay inci- dent 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 employ- ment during the five-year period beginning on Sep- tember 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 inci- dent 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 clo- sure 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 promul- gated 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 apply- ing for the scholarship prepared such individual for the educational training or activities to be under- taken; and ‘‘(ii) award a scholarship only to an eligible indi- vidual who has been accepted for enrollment in the institution of higher education described in sub- section (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 sub- section (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 mem- bers 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 scholar- ship under this section, but who receives no prior no- tice of such termination or lay off, may submit an ap- plication 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 no- tice of termination or lay off shall submit an applica- tion not later than 180 days before the effective date of the termination or lay off. In the case of employees de- scribed 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 schol- arship 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 assist- ance 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 para- graph (4), the unpaid amount shall be recoverable by the United States from the individual or such individ- ual’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 con- trary to the best interests of the United States. ‘‘(4) The total amount of scholarship assistance pro- vided 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 as- sistance provided to an individual under this section shall be taken into account in determining the eligi- bility of the individual for Federal student financial as- sistance provided under title IV of the Higher Edu- cation Act of 1965 (20 U.S.C. 1070 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 Envi- ronmental Protection Agency, shall submit to the Con- gress 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 pro- gram authorized by subsection (a), the Secretary of De- fense 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 fol- lowing: ‘‘(A) Title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act (Pub- lic 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 cen- ters’ means the hazardous substance research centers described in section 311(d) of the Comprehensive En- vironmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such term includes the Great Plains and Rocky Mountain Hazardous Sub- stance Research Center, the Northeast Hazardous Substance Research Center, the Great Lakes and Mid-Atlantic Hazardous Substance Research Center, the South and Southwest Hazardous Substance Re- search Center, and the Western Region Hazardous Substance Research Center. Page 2163 TITLE 10—ARMED FORCES § 2701 ‘‘(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 DE- FENSE EMPLOYEES TO CARRY OUT ENVIRONMENTAL RESTORATION AT MILITARY INSTALLATIONS TO BE CLOSED Pub. L. 103–160, div. A, title XIII, § 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 el- igible civilian employees of the Department of Defense as the Secretary considers to be necessary to qualify such employees to carry out environmental assess- ment, remediation, and restoration activities (includ- ing asbestos abatement) at military installations closed or to be closed. ‘‘(b) EMPLOYMENT OF GRADUATES.—In the case of eli- gible civilian employees of the Department of Defense who successfully complete the training program estab- lished pursuant to subsection (a), the Secretary may— ‘‘(1) employ such employees to carry out environ- mental assessment, remediation, and restoration ac- tivities at military installations referred to in sub- section (a); or ‘‘(2) require, as a condition of a contract for the pri- vate performance of such activities at such an instal- lation, 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 in- stallation 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 em- ployees 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 REQUIRE- MENTS.—Nothing in this section shall be construed to revise or modify any requirement established under Federal or State law relating to environmental assess- ment, 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 agen- cies, organizations, institutions, individuals or other entities to implement the purposes of the Legacy Re- source Management Program’’. PILOT PROGRAM FOR EXPEDITED ENVIRONMENTAL RESPONSE ACTIONS Pub. L. 102–484, div. A, title III, § 323, Oct. 23, 1992, 106 Stat. 2365, 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 Amend- ments 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 Pro- gram 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 sub- section (a)(1); ‘‘(B) 4 military installations referred to in sub- section (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 rec- ommendations 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 sub- section (a)(3) with respect to each military depart- ment. ‘‘(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 ac- tivities required for facilities under the Defense Envi- ronmental Restoration Program and for military in- stallations scheduled for closure under the Defense Authorization Amendments and Base Closure and Re- alignment 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 res- toration activities to provide, to the maximum ex- tent practicable, opportunities for the full range of business sizes to enter into environmental restora- tion 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 ac- celerate environmental restoration at military instal- lations, use the authorities granted in existing law to carry out the pilot program, including— ‘‘(1) the development and use of innovative con- tracting techniques; ‘‘(2) the use of all reasonable and appropriate meth- ods to expedite necessary Federal and State adminis- trative decisions, agreements, and concurrences; and ‘‘(3) the use (including any necessary request for the use) of existing authorities to ensure that envi- ronmental restoration activities under the pilot pro- gram are conducted expeditiously, with particular emphasis on activities that may be conducted in ad- vance of any final plan for environmental restora- tion. ‘‘(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. Page 2164 TITLE 10—ARMED FORCES § 2701 ‘‘(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 es- tablished in this section shall not result in the delay of environmental restoration activities at other military installations and former sites of the Department of De- fense.’’ OVERSEAS ENVIRONMENTAL RESTORATION Pub. L. 102–484, div. A, title III, § 324, Oct. 23, 1992, 106 Stat. 2367, as amended by Pub. L. 108–136, div. A, title X, § 1031(d)(1), Nov. 24, 2003, 117 Stat. 1604, provided that: ‘‘It is the sense of the Congress that in carrying out environmental restoration activities at military instal- lations outside the United States, the President should seek to obtain an equitable division of the costs of en- vironmental restoration with the nation in which the installation is located.’’ ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PROGRAMS FOR DEPARTMENT OF DEFENSE Pub. L. 102–484, div. D, title XLIV, § 4451, Oct. 23, 1992, 106 Stat. 2735, as amended by Pub. L. 105–244, title I, § 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 ‘Sec- retary’) may conduct scholarship and fellowship pro- grams for the purpose of enabling individuals to qualify for employment in the field of environmental restora- tion or other environmental programs in the Depart- ment 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 en- rolled as a full-time student at an institution of high- er 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 engi- neering, biology, chemistry, or another qualifying field related to environmental activities, as deter- mined 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 Sec- retary 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 in- clude 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 edu- cation in a qualifying field. The assistance may in- clude payment of tuition, fees, books, laboratory ex- penses, 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 pre- scribed 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 sub- section (e), as a full-time employee in an environ- mental restoration or other environmental position in the Department of Defense for the applicable pe- riod of service specified in subsection (d). ‘‘(d) PERIOD OF SERVICE.—The period of service re- quired 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 pro- vided a scholarship under the program. ‘‘(2) For an individual who completes a master’s de- gree 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 an- nually review the number and performance under the agreement of individuals who complete educational programs during the preceding year under any scholar- ship and fellowship programs conducted pursuant to subsection (a). From among such individuals, the Sec- retary shall select individuals for environmental posi- tions 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 indi- vidual under the program, plus interest at the rate pre- scribed in paragraph (4), if— ‘‘(A) the individual does not complete the edu- cational program as agreed to pursuant to subsection (c)(2)(B), or is selected by the Secretary under sub- section (e) but declines to serve, or fails to complete the service, in a position in the Department of De- fense 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 pro- gram 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 inter- est, 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 agen- cy, 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 re- covery 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 Sec- retary 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 pro- vided 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 Edu- cation 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 sub- contractors 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 fel- lowship 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 Page 2165 TITLE 10—ARMED FORCES § 2701 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 re- port on activities undertaken under the programs es- tablished 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 environ- mental statutory and regulatory requirements.’’ GRANTS TO INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE TRAINING IN ENVIRONMENTAL RESTORATION AND HAZARDOUS WASTE MANAGEMENT Pub. L. 102–484, div. D, title XLIV, § 4452, Oct. 23, 1992, 106 Stat. 2738, authorized the Secretary of Defense to establish a program to assist institutions of higher edu- cation, as defined in former section 1141(a) of Title 20, Education, to provide education and training in envi- ronmental restoration and hazardous waste manage- ment and to award grants to such institutions, prior to repeal by Pub. L. 103–160, div. A, title XIII, § 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 Pub. L. 101–510, div. A, title III, § 342(b), Nov. 5, 1990, 104 Stat. 1537, 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 ade- quately 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 instal- lations located outside the United States. In developing the policy, the Secretary shall take into account appli- cable international agreements (such as Status of Forces agreements), multinational or joint use and op- eration of such installations, relative share of the col- lective defense burden, and negotiated accommoda- tions. ‘‘(3) The Secretary of Defense shall develop a policy and strategy to ensure adequate oversight of compli- ance with applicable environmental requirements and responsibilities of the Department of Defense deter- mined 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 Con- gress his budget for fiscal year 1993 pursuant to section 1105 of title 31, United States Code, the Secretary of De- fense 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 in- stallations outside the United States. ‘‘(5) For purposes of this subsection, the term ‘mili- tary installation’ means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is lo- cated outside the United States and outside any terri- tory, commonwealth, or possession of the United States.’’ ENVIRONMENTAL EDUCATION PROGRAM FOR DEPARTMENT OF DEFENSE PERSONNEL Pub. L. 101–510, div. A, title III, § 344, Nov. 5, 1990, 104 Stat. 1538, 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 wheth- er program should be continued after Sept. 30, 1991. USE OF OZONE DEPLETING SUBSTANCES WITHIN DEPARTMENT OF DEFENSE Pub. L. 102–484, div. A, title III, § 325, Oct. 23, 1992, 106 Stat. 2367, required the Director of the Defense Logis- tics Agency to evaluate the use of class I and class II substances, listed under 42 U.S.C. 7671a, by the military departments and Defense Agencies for the years 1992 to 1995 and to submit to the congressional defense com- mittees a report on the status of the evaluation in 1993. Pub. L. 101–510, div. A, title III, § 345, Nov. 5, 1990, 104 Stat. 1538, provided that: ‘‘(a) DOD REQUIREMENTS FOR OZONE DEPLETING CHEMICALS OTHER THAN CFCs.—(1) In addition to the functions of the advisory committee established pursu- ant to section 356(c) of the National Defense Authoriza- tion 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 tetra- chloride by the Department of Defense and by contrac- tors in the performance of contracts for the Depart- ment of Defense, and (B) the costs and feasibility of using alternative compounds or technologies for meth- yl 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 sub- stances. ‘‘(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 re- quired by section 356(d) of the National Defense Au- thorization Act for Fiscal Years 1990 and 1991 con- cerning 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 Con- gress a report containing the results of the study by the Committee required by subsection (a)(1) of this sec- tion.’’ REQUIREMENT FOR DEVELOPMENT OF ENVIRONMENTAL DATA BASE Pub. L. 101–189, div. A, title III, § 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 environ- mental compliance obligations to which the Depart- ment is subject under, chapter 160 of title 10, United States Code, and all other applicable Federal and State Page 2166 TITLE 10—ARMED FORCES § 2701 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 appro- priate. ‘‘(b) REPORT.—Not later than one year after the date of the enactment of this Act [Nov. 29, 1989], the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representa- tives 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 activi- ties during 1989.’’ FUNDING FOR WASTE MINIMIZATION PROGRAMS FOR CERTAIN INDUSTRIAL-TYPE ACTIVITIES OF DEPART- MENT OF DEFENSE Pub. L. 101–189, div. A, title III, § 354, Nov. 29, 1989, 103 Stat. 1424, as amended by Pub. L. 102–190, div. A, title III, § 332, Dec. 5, 1991, 105 Stat. 1340, directed the Sec- retary of Defense to require the Secretary of each mili- tary 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 de- partment that was a depot maintenance installation and for which a working-capital fund had been estab- lished under section 2208 of this title, and to submit to Congress, not later than 90 days after Nov. 29, 1989, the name of each industrial-type or commercial-type activ- ity of each military department which was not covered by the waste minimization program because the activ- ity did not carry out depot maintenance installation functions. USE OF CHLOROFLUOROCARBONS AND HALONS IN DEPARTMENT OF DEFENSE Pub. L. 101–189, div. A, title III, § 356, Nov. 29, 1989, 103 Stat. 1425, as amended by Pub. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, pro- vided that: ‘‘(a) CHLOROFLUOROCARBONS EMISSION REDUCTION.— The Secretary of Defense shall formulate and carry out, through the Under Secretary of Defense for Acqui- sition, Technology, and Logistics a program to reduce the unnecessary release of chlorofluorocarbons (herein- after in this section referred to as ‘CFCs’) and halons into the atmosphere in connection with maintenance operations and training and testing practices of the De- partment 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 Rep- resentatives a report describing the program the Sec- retary 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 tech- nology, including the use of refrigerant recovery sys- tems 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 Agen- cy 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 Com- mittee’ (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 rep- resentatives from the Department of Defense, the Envi- ronmental Protection Agency, and defense contractors. Members representing defense contractors shall be con- tractors 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 feasi- bility 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 expedi- tiously; ‘‘(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 avail- able and indicate the reasons substitutes are not available; ‘‘(4) describe the types of research programs that should be undertaken to identify substitute com- pounds 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 specifica- tions for the use of substitutes for CFCs, the addi- tional costs resulting from modification of Depart- ment 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, § 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, § 361, Nov. 29, 1989, 103 Stat. 1429, as amended by Pub. L. 101–510, div. A, title III, § 343, Nov. 5, 1990, 104 Stat. 1538, required the Sec- retary of Defense to conduct a study of current prac- tices and future plans for managing postconsumer waste at facilities of the Department of Defense at which such waste was generated and the feasibility of such Department of Defense facilities participating in programs at military installations or in local commu- nities to recycle the postconsumer waste generated at the facilities, and to submit to Congress a report de- Page 2167 TITLE 10—ARMED FORCES § 2703 scribing the findings and conclusions of the Secretary resulting from the study not later than Mar. 1, 1991. USE OF DEPARTMENT OF DEFENSE APPROPRIATIONS FOR REMOVAL OF UNSAFE BUILDINGS OR DEBRIS Pub. L. 101–165, title IX, § 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 Fed- eral Government control, was repealed and restated in subsecs. (f) and (g) of this section by Pub. L. 101–510, div. A, title XIV, § 1481(i), Nov. 5, 1990, 104 Stat. 1708. § 2702. Research, development, and demonstra- tion program (a) PROGRAM.—As part of the Defense Environ- mental 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 estab- lished under section 311(a)(5) of CERCLA (42 U.S.C. 9660(a)(5)). The program shall include re- search, development, and demonstration with respect to each of the following: (1) Means of reducing the quantities of haz- ardous waste generated by activities and fa- cilities under the jurisdiction of the Sec- retary. (2) Methods of treatment, disposal, and man- agement (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 for- merly under the jurisdiction of the Secretary. (3) Identifying more cost-effective tech- nologies for cleanup of hazardous substances. (4) Toxicological data collection and meth- odology on risk of exposure to hazardous waste generated by the Department of De- fense. (5) The testing, evaluation, and field dem- onstration of any innovative technology, proc- esses, equipment, or related training devices which may contribute to establishment of new methods to control, contain, and treat haz- ardous substances, to be carried out in con- sultation and cooperation with, and to the ex- tent possible in the same manner and stand- ards as, testing, evaluation, and field dem- onstration carried out by the Administrator, acting through the office of technology dem- onstration 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 agree- ments with, and make grants to, universities, public and private profit and nonprofit entities, and other persons to carry out the research, de- velopment, 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 DISSEMINA- TION.— (1) IN GENERAL.—The Secretary shall de- velop, collect, evaluate, and disseminate infor- mation 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 Sec- retary under paragraph (1) shall be carried out in cooperation and consultation with the Ad- ministrator. To the extent appropriate and agreed upon by the Administrator and the Sec- retary, the Administrator shall evaluate and disseminate such information through the of- fice of technology demonstration of the Envi- ronmental Protection Agency. (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1721; amended Pub. L. 108–375, div. A, title X, § 1084(d)(25), Oct. 28, 2004, 118 Stat. 2063.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–375 inserted ‘‘(42 U.S.C. 9660(a)(5))’’ after ‘‘311(a)(5) of CERCLA’’. Statutory Notes and Related Subsidiaries PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRONMENTAL TECHNOLOGIES Pub. L. 105–85, div. A, title III, § 349, Nov. 18, 1997, 111 Stat. 1690, as amended by Pub. L. 106–65, div. A, title X, § 1067(4), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A, title X, § 1062(k)(1), Dec. 31, 2011, 125 Stat. 1586, author- ized the Secretary of Defense, until three years after Nov. 18, 1997, to enter into a partnership with one or more private entities to demonstrate and validate in- novative environmental technologies, and to provide funds to the partner or partners from appropriations available to the Department of Defense for environ- mental activities for a period of up to five years. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUPPORT OF ENVIRONMENTAL TECHNOLOGY CERTIFI- CATION Pub. L. 105–85, div. A, title III, § 342(d), Nov. 18, 1997, 111 Stat. 1686, provided that not later than 90 days after Nov. 18, 1997, the Secretary of Defense was to submit to Congress a report setting forth the guidelines estab- lished by the Secretary for reimbursement of State and local governments, and for cost-sharing between the Department of Defense, such governments, and ven- dors, under cooperative agreements entered into under section 327 of Pub. L. 104–201, formerly set out below. Pub. L. 104–201, div. A, title III, § 327, Sept. 23, 1996, 110 Stat. 2483, as amended by Pub. L. 105–85, div. A, title III, § 342(a)–(c), Nov. 18, 1997, 111 Stat. 1686, authorized the Secretary of Defense, until five years after Sept. 23, 1996, to enter into a cooperative agreement with an agency of a State or local government, or with an In- dian tribe, to obtain assistance in certifying environ- mental technologies. § 2703. Environmental restoration accounts (a) ESTABLISHMENT OF ACCOUNTS.—There are hereby established in the Department of Defense the following accounts: (1) An account to be known as the ‘‘Environ- mental Restoration Account, Defense’’. (2) An account to be known as the ‘‘Environ- mental Restoration Account, Army’’. (3) An account to be known as the ‘‘Environ- mental Restoration Account, Navy’’. (4) An account to be known as the ‘‘Environ- mental Restoration Account, Air Force’’.