Section 2710 of this title, referred to in subsec. (k), was subsequently amended, and no longer defines the term “unexploded ordnance”.
Provisions similar to those in subsecs. (f) and (g) of this section were contained in Pub. L. 101–165, title IX, § 9038,
A prior section 2701 was renumbered section 2721 of this title.
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 jurisdiction”.
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 subpar. (D).
2019—Subsec. (c). Pub. L. 116–92 inserted “or pollutants or contaminants” after “hazardous substances” wherever appearing.
2013—Subsec. (d)(2). Pub. L. 112–239 substituted “Department of Defense Base Closure Account established by section 2906” for “Department of Defense Base Closure 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), inserted “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 agreement funded using amounts in the Department of Defense 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 subpar. (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), inserted “(42 U.S.C. 9620)” before period at end.
Subsec. (c)(2). Pub. L. 108–375, § 1084(d)(24)(B), substituted “(relating to settlements) of CERCLA (42 U.S.C. 9622)” for “of CERCLA (relating to settlements)”.
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), substituted “CERCLA” for “the Comprehensive Environmental Response, Compensation, and Liability Act of 1980”.
2002—Subsec. (a)(2). Pub. L. 107–314, § 313(c)(2), substituted “CERCLA” for “the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (hereinafter in this chapter referred to as ‘CERCLA’) (42 U.S.C. 9601 et seq.)”.
Subsec. (d). Pub. L. 107–314, § 2812(c)(1), substituted “Entities” for “Agencies” in heading.
Subsec. (d)(1). Pub. L. 107–314, §§ 311(1), 2812(c)(2), substituted “paragraph (3)” for “paragraph (2)”, “any State or local government agency, any Indian tribe, or any nonprofit conservation organization” for “with any State or local government agency, or with any Indian tribe,”, and “the agency, Indian tribe, or organization” for “the agency”.
Subsec. (d)(2), (3). Pub. L. 107–314, § 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 ‘Indian tribe’ has the meaning given such term in section 101(36) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(36)).”
Pub. L. 107–314, § 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
Subsec. (k). Pub. L. 107–314, § 312, added subsec. (k).
2001—Subsec. (j)(1). Pub. L. 107–107 struck out “, or after
1996—Subsec. (d). Pub. L. 104–201 substituted “, with any State or local government agency, or with any Indian tribe,” for “, or with any State or local government agency,” in par. (1) and added par. (3).
Pub. L. 104–106, § 1504(a)(1), made technical correction to directory language of Pub. L. 103–337, § 322(1). See 1994 Amendment note below.
Pub. L. 104–106, § 321(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “
“(1)
“(2)
Subsec. (i)(1). Pub. L. 104–106, § 4321(b)(22), substituted “Miller Act (40 U.S.C. 270a et seq.)” for “Act of
1994—Subsec. (d). Pub. L. 103–337, § 322(1), as amended by Pub. L. 104–106, § 1504(a)(1), designated existing provisions 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 “
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 “
Pub. L. 102–484, § 331(b), substituted “
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).
“Assistant Secretary of Defense for Energy, Installations, and Environment” substituted for “Deputy Under Secretary of Defense for Installations and Environment” 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.
Pub. L. 112–239, div. B, title XXVII, § 2711(d), “(1) “(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2014 [div. J of Pub. L. 113–76, approved
Pub. L. 104–106, div. A, title XV, § 1504(a),
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.
Nothing in amendments by section 316 of Pub. L. 116–92 to affect any requirement or authority under the Comprehensive Environmental Response, Compensation, 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.
Pub. L. 117–263, div. A, title III, § 326, “(a) The Assistant Secretary of Defense for Energy, Installations, and Environment shall issue guidance setting forth how, in prioritizing sites for activities funded under the ‘Environmental Restoration Account, Formerly Used Defense Sites’ account established under section 2703(a)(5) of title 10, United States Code, the Assistant Secretary shall weigh the relative risk or other factors between Installation Restoration Program sites and Military Munitions Response Program sites.“(b) The Assistant Secretary of Defense for Energy, Installations, and Environment shall establish a target goal for the completion of the cleanup of all Military Munitions Response Program sites.”
Pub. L. 117–263, div. A, title III, § 347(b), (c), “(b) Not later than 270 days after the date of the enactment of this Act [“(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) 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.”
Pub. L. 117–81, div. A, title III, § 343, “(a) Except as provided in subsection (c), beginning not later than 120 days after the date of the enactment of this Act [“(1) The date on which the Secretary issues guidance implementing—“(A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental 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 Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note).“(2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section.“(b) Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1)(A).“(c) Notwithstanding subsection (a), until the date on which the Secretary adopts the final rule pursuant to subsection (b), the Secretary may treat covered materials, including soils that have been contaminated with PFAS, through the use of any remediation or disposal technology that is approved by the Administrator of the Environmental Protection Agency.“(d) Not later than one year after the enactment 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 incineration by the Department of Defense of covered materials during the year covered by the report, including—“(1) the total amount of covered materials incinerated;“(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 Defense 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) The prohibition in subsection (a) and reporting 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 processing facility, subcontractor, or fuel blending facility, prior to incineration.“(f) In this section:“(1) The term ‘AFFF’ means aqueous film forming foam.“(2) The term ‘covered material’ means any AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation 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 Department 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.”
Pub. L. 117–81, div. A, title III, § 344, “(a) Not later than 180 days of after the date of the enactment of this Act [“(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 protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including 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) 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 minimum, best practices and recommended requirements to ensure the following:“(1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill.“(2) The use of containment berms and the covering of storm drains and catch basins by personnel performing 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 suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1).“(c) Not later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b).”
Pub. L. 116–283, div. A, title III, § 335, “(a) Not later than 60 days after the date of the enactment of this Act [“(1) has been detected in groundwater;“(2) has been hydrologically linked to a local agricultural 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 Department of Defense located in the United States or State-owned facility of the National Guard.“(b) The notification required under subsection (a) shall include the following information:“(1) The name of the Department of Defense installation or National Guard facility from which the covered PFAS in groundwater originated.“(2) The specific covered PFAS detected in groundwater.“(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) The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent updated information, including any results of new elevated testing, by not later than 15 days after receiving validated test results.“(d) Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and Forestry 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 facilities of the National Guard;“(2) the covered PFAS detected in groundwater; and“(3) the levels of covered PFAS detected.“(e) 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 referred 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 referred 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.”
Pub. L. 118–31, div. A, title III, § 321(b),
Pub. L. 117–263, div. A, title III, § 341(a), “(1) Beginning not later than 180 days after the date of the enactment of this Act [“(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 proprietary 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 substances or polyfluoroalkyl substances, including information 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 substances.“(E) Budget information, including specific spending information for the research projects relating to perfluoroalkyl substances or polyfluoroalkyl substances that are supported or conducted by the Department.“(F) Such other matters as may be relevant to ongoing 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) The information published under paragraph (1) shall be made available in a downloadable, machine-readable, open, and user-friendly format.“(3) In this subsection:“(A) The term ‘military installation’ includes active, 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 carbon atoms, and nonfluorinated carbon atoms.”
Pub. L. 116–92, div. A, title III, §§ 329–332, “SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-EAT FOOD PACKAGING.“(a) Not later than “(b) In this section:“(1) The term ‘perfluoroalkyl substance’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.“(2) The term ‘polyfluoroalkyl substance’ means a man-made chemical 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) The Secretary of Defense shall ensure 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 designated 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.).“(b) The requirements in subsection (a) only apply to all legacy AFFF formulations containing PFAS, materials contaminated by AFFF release, and spent filters or other PFAS contaminated 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 incineration by the Department of Defense or a military 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) 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 monitoring data relating to perfluoroalkyl substances, polyfluoroalkyl substances, and other emerging contaminants of concern collected at the military installation.“(b) 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 families, and their communities to per- and polyfluoroalkyl substances. The information provided on the website shall include information on testing, clean-up, and recommended available treatment methodologies.“(c) An agreement under subsection (a) does not negate the responsibility of the Secretary to communicate with the public about drinking water contamination from perfluoroalkyl substances, polyfluoroalkyl substances, and other contaminants.“(d) In this section, 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) “(1) Upon request from the Governor or chief executive of a State, the Secretary of Defense shall work expeditiously, pursuant to section 2701(d) of title 10, United States Code, to finalize a cooperative agreement, or amend an existing cooperative agreement to address testing, monitoring, removal, and remedial actions relating to the contamination or suspected contamination of drinking, surface, 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, including a facility of the National Guard.“(2) A cooperative agreement 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 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).“(B) An enforceable Federal standard for drinking, surface, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental 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) In addition to the requirements 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 Secretary 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 defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or“(B) a State, local, or Tribal government.“(b) Beginning on “(1) explaining why the agreement has not been finalized or amended, as the case may be; and“(2) setting forth a projected timeline for finalizing or amending the agreement.“(c) In this section:“(1) The term ‘appropriate committees and Members of Congress’ means—“(A) the congressional defense committees [Committees 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 contamination.“(2) The term ‘fully fluorinated carbon atom’ means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.“(3) The term ‘PFAS’ means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least one fully fluorinated carbon atom.“(4) The term ‘State’ has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).”
Pub. L. 116–92, div. A, title III, subtitle C, “This subtitle may be cited as the ‘Prompt and Fast Action to Stop Damages Act of 2019’.“SEC. 341. SHORT TITLE.“SEC. 342. DEFINITIONS.“In this subtitle:“(1) The term ‘PFOA’ means perfluorooctanoic acid.“(2) The term ‘PFOS’ means perfluorooctane sulfonate.“SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICULTURAL PURPOSES.“(a) “(1) Using amounts authorized to be appropriated or otherwise made available for operation and maintenance for the military department concerned, or for operation and maintenance Defense-wide in the case of the Secretary of Defense, the Secretary concerned may provide water sources uncontaminated with perfluoroalkyl and polyfluoroalkyl substances, including PFOA and PFOS, or treatment of contaminated waters, for agricultural 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 jurisdiction of the Secretary concerned.“(2) For purposes of paragraph (1), an area is determined to be contaminated with PFOA or PFOS if—“(A) the level of contamination is above the Lifetime Health Advisory for contamination with such compounds issued by the Environmental Protection Agency and printed in the Federal Register on “(B) on or after the date the Food and Drug Administration sets a standard for PFOA and PFOS in raw agricultural commodities and milk, the level of contamination is above such standard.“(b) 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) “(1) 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) The authority under paragraph (1) to acquire real property described in that paragraph shall include the authority to purchase improvements and personal property located on that real property.“(3) 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, relocation benefits, and other expenses incurred in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).“(b) 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 related to activities at the Air Force base.“(c) Funds for the land acquisitions authorized under subsection (a) shall be derived from amounts authorized to be appropriated for fiscal year 2020 for military construction or the unobligated balances of appropriations for military construction that are enacted after the date of the enactment of this Act [“(d) The authority under this section constitutes authority to carry out land acquisitions for purposes of section 2802 of title 10, United States Code.“SEC. 345. REMEDIATION PLAN.“(a) Not later than 180 days after the date of the enactment of this Act [“(b) 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) The Secretary shall ensure that each budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, requests funding in amounts necessary to address remediation efforts under the remediation plan submitted under subsection (a).”
Pub. L. 114–328, div. A, title III, § 343, “(a) “(1) The Secretary of Defense shall develop a plan to establish an explosive ordnance disposal program in the Department of Defense to ensure close and continuous coordination among the military departments on matters relating to explosive ordnance disposal.“(2) 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 Secretary of Defense; and“(ii) designate the Secretary of the Navy (or a designee of the Secretary of the Navy) as the executive 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 disposal and may carry out research, development, test, and evaluation activities and procurement activities to address such needs.“(b) “(1) 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 unclassified form, that identifies the funding source for all explosive ordnance disposal activities within the Department of Defense.“(2) The funding display under paragraph (1) for a fiscal year shall include a single program 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 explosive ordnance disposal activities (but not including any program element relating to military construction).“(c) “(1) The Secretary of Defense shall review and assess the effectiveness of current management structures in supporting the explosive ordnance disposal needs of the combatant commands and the military departments.“(2) 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 Secretary of Defense that provide policy and oversight of the policies, programs, acquisition activities, and personnel of the military departments relating to explosive ordnance disposal.“(B) A review of the organizational structures and responsibilities within the military departments that—“(i) man, equip, and train explosive ordnance disposal forces; and“(ii) support such forces with manpower, technology, 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 department that support research, development, test, and evaluation; procurement; and operation and maintenance, relating to explosive ordnance disposal.“(E) An assessment of the adequacy of the organizational structures and responsibilities and the alignment of funding within the military departments in supporting the needs of the combatant commands and the military departments with respect to explosive ordnance disposal.“(d) Not later than “(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 management of programs relating to explosive ordnance disposal;“(4) recommendations to the Secretary to improve the capabilities and readiness of explosive ordnance disposal forces; and“(5) an explanation of the advantages and disadvantages of assigning responsibility for the coordination and integration of explosive ordnance disposal to a single joint office or entity in the Office of the Secretary of Defense.“(e) In this section:“(1) The term ‘explosive ordnance’ 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) The term ‘disposal’ means, with respect to explosive ordnance, the detection, identification, field evaluation, defeat, disablement, or rendering safe, recovery and exploitation, and final disposition of the ordnance.”
Pub. L. 111–84, div. A, title III, § 317, “(a) “(1) Not later than 120 days after the date of the enactment of this Act [“(2) In determining that no alternative 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 determination is made, submit to the Committees on Armed Services of the Senate and House of Representatives 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 Representatives the justifications of the Secretary for continuing to operate such open-air burn pit.“(3) “(A) The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so.“(B) The Secretary may not delegate the authority under subparagraph (A).“(4) “(A) 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 Committees 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 airborne hazards are present, including how such equipment will be provided when required; and“(v) the need for the open-air burn pit and rationale for granting the exemption.“(B) A report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.“(b) Not later than 180 days after the date of the enactment of this Act [“(1) an explanation of the situations and circumstances under which open-air burn pits are used to dispose of waste during military exercises and operations worldwide;“(2) a detailed description of the types of waste authorized 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 prescribed 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 assessment of whether those standards are being met;“(6) a description of the environmental, health, and operational impacts of open-pit burning of plastics and the feasibility of including plastics in the regulations prescribed pursuant to subsection (a); and“(7) an assessment of the ability of existing medical surveillance programs to identify and track exposures 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) 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 employed for 90 consecutive days or more. Each such report 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 exposure 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 determination pursuant to subsection (a) that no alternative disposal method is feasible for the open-air burn pit.“(d) 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 remove or recover plastic materials from the solid waste stream;“(G) munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives 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 referred to in a preceding paragraph; and“(Q) other waste as designated by the Secretary.”
Pub. L. 109–284, § 1,
Pub. L. 106–398, § 1 [div. C, title XXXI, § 3138], “(a) Effective “(1) the Secretary of Energy or any officer or employee of the Office of the Secretary of Energy; or“(2) the Chief of Engineers.“(b) The limitation in subsection (a) shall not take effect if before “(1) A certification by the Secretary of Energy that the Department of Energy is in compliance with the requirements of section 3131 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 925; 10 U.S.C. 2701 note).“(2) A certification by the Chief of Engineers that the Corps of Engineers is in compliance with the requirements of that section.“(c) If the limitation in subsection (a) takes effect, the limitation shall cease to be in effect when both certifications referred to in subsection (b) have been submitted to the congressional defense committees.”
Pub. L. 106–65, div. C, title XXXI, § 3131,
Pub. L. 106–60, title VI, § 611, “(a) The Secretary of the Army, acting through the Chief of Engineers, in carrying out the program known as the Formerly Utilized Sites Remedial Action Program, shall undertake the following functions and activities to be performed at eligible sites where remediation has not been completed:“(1) Sampling and assessment of contaminated areas.“(2) Characterization of site conditions.“(3) Determination of the nature and extent of contamination.“(4) Selection of the necessary and appropriate response actions as the lead Federal agency.“(5) Cleanup and closeout of sites.“(6) Any other functions and activities determined by the Secretary of the Army, acting through the Chief of Engineers, as necessary for carrying out that program, including the acquisition of real estate interests where necessary, which may be transferred upon completion of remediation to the administrative jurisdiction of the Secretary of Energy.“(b) Any response action under that program by the Secretary of the Army, acting through the Chief of Engineers, shall be subject to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in this section referred to as ‘CERCLA’), and the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR 300).“(c) Any sums recovered under CERCLA or other authority from a liable party, contractor, insurer, surety, or other person for any expenditures by the Army Corps of Engineers or the Department of Energy for response actions under that program shall be credited to the amounts made available to carry out that program and shall be available until expended for costs of response actions for any eligible site.“(d) The Secretary of Energy may exercise the authority under section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to make payments in lieu of taxes for federally owned property at which activities under that program are carried out, regardless of which Federal agency has administrative jurisdiction over the property and notwithstanding any reference to ‘the activities of the Commission’ in that section.“(e) This section does not alter, curtail, or limit the authorities, functions, or responsibilities of other agencies under CERCLA or, except as stated in this section, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).“(f) This section shall apply to fiscal year 2000 and each succeeding fiscal year.”
Pub. L. 105–261, div. A, title III, § 321, “(a) The President shall notify Congress before entering into any negotiations for the ex-gratia settlement of the claims of a government of another country against the United States for environmental cleanup of sites in that country that were formerly used by the Department of Defense.“(b) 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.”
Pub. L. 105–85, div. A, title III, § 348, “(a) Not later than “(b) (1) The regulations prescribed under subsection (a) shall contain uniform guidelines for the military departments and defense agencies concerning the cost-recovery and cost-sharing activities of those departments and agencies.“(2) The Secretary shall take appropriate actions to ensure the implementation of the guidelines.“(c) The regulations prescribed under subsection (a) shall contain requirements for the Secretaries of the military departments and the heads of defense agencies to—“(1) obtain all data that is relevant for purposes of cost-recovery and cost-sharing activities; and“(2) identify any negligence or other misconduct that may preclude indemnification or reimbursement by the Department of Defense for the costs of environmental restoration at a Department site or justify the recovery or sharing of costs associated with such restoration.“(d) In this section, the term ‘cost-recovery and cost-sharing activities’ means activities concerning—“(1) the recovery of the costs of environmental restoration at Department of Defense sites from contractors of the Department and other private parties that contribute to environmental contamination at such sites; and“(2) the sharing of the costs of such restoration with such contractors and parties.”
Pub. L. 107–107, div. A, title III, § 316(b),
Pub. L. 105–85, div. A, title III, § 351,
Pub. L. 104–201, div. A, title III, § 325, “(a) The Secretary of Defense may, to the extent possible and practical, develop and implement, as part of the Defense Environmental Restoration Program provided for in chapter 160 of title 10, United States Code, a land use plan for any defense site selected by the Secretary under subsection (b).“(b) The Secretary may select up to 10 defense sites, from among sites where the Secretary is planning or implementing environmental restoration activities, for which land use plans may be developed under this section.“(c) In developing a land use plan under this section, the Secretary shall consult with a technical review committee established pursuant to section 2705(c) of title 10, United States Code, a restoration advisory board established pursuant to section 2705(d) of such title, a local land use redevelopment authority, or another appropriate State agency.“(d) 50-A land use plan developed under this section shall cover a period of at least 50 years.“(e) For each defense site for which the Secretary develops a land use plan under this section, the Secretary shall take into account the land use plan in selecting and implementing, in accordance with applicable law, environmental restoration activities at the site.“(f) 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 “(g) For purposes of this section, the term ‘defense site’ means (A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft under the jurisdiction of the Department of Defense, or (B) any site or area under the jurisdiction of the Department of Defense where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.“(h) 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 recommendations on whether such land use plans should be developed and implemented throughout the Department of Defense.“(i) (1) Nothing in this section, or in a land use plan developed under this section with respect to a defense site, shall be construed as requiring any modification to a land use plan that was developed before the date of the enactment of this Act [“(2) Nothing in this section may be construed to affect statutory requirements for an environmental restoration or waste management activity or project or to modify or otherwise affect applicable statutory or regulatory environmental restoration and waste management requirements, including substantive standards intended to protect public health and the environment, nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or State authority.”
Pub. L. 104–106, div. A, title III, § 321(a)(2), “(A) Except as provided in subparagraph (B), the total amount of funds available for reimbursements under agreements entered into under section 2701(d) of title 10, United States Code, as amended by paragraph (1), in fiscal year 1996 may not exceed $10,000,000.“(B) The Secretary of Defense may pay in fiscal year 1996 an amount for reimbursements under agreements referred to in subparagraph (A) in excess of the amount specified in that subparagraph for that fiscal year if—“(i) the Secretary certifies to Congress that the payment of the amount under this subparagraph is essential for the management of the Defense Environmental Restoration Program under chapter 160 of title 10, United States Code; and“(ii) a period of 60 days has expired after the date on which the certification is received by Congress.”
Pub. L. 103–337, div. A, title III, § 328, “(a) The Secretary of Defense shall establish and conduct an education and training program for members of the Armed Forces and civilian employees of the Department of Defense whose responsibilities include planning or executing the environmental mission of the Department. The Secretary shall conduct the program to ensure that such members and employees obtain and maintain the knowledge and skill required to comply with existing environmental laws and regulations.“(b) As part of the program, the Secretary may identify military facilities that have existing expertise (or the capacity to develop such expertise) in conducting education and training activities in various environmental disciplines. In the case of a military facility identified under this subsection, the Secretary should encourage the use of the facility by members and employees referred to in subsection (a) who are not under the jurisdiction of the military department operating the facility.”
Pub. L. 103–160, div. A, title XIII, § 1333, “(a) (1) The Secretary of Defense may establish a program to provide demonstration grants to institutions of higher education to assist such institutions in providing education and training in environmental restoration and hazardous waste management to eligible dislocated defense workers and young adults described in subsection (d). The Secretary shall award the grants pursuant to a merit-based selection process.“(2) A grant provided under this subsection may cover a period of not more than three fiscal years, except that the payments under the grant for the second and third fiscal year shall be subject to the approval of the Secretary and to the availability of appropriations to carry out this section in that fiscal year.“(b) To be eligible for a grant under subsection (a), an institution of higher education shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. The application shall include the following:“(1) An assurance by the institution of higher education that it will use the grant to supplement and not supplant non-Federal funds that would otherwise be available for the education and training activities funded by the grant.“(2) A proposal by the institution of higher education to provide expertise, training, and education in hazardous materials and waste management and other environmental fields applicable to defense manufacturing sites and Department of Defense and Department of Energy defense facilities.“(c) (1) An institution of higher education receiving a grant under subsection (a) shall use the grant to establish a consortium consisting of the institution and one or more of each of the entities described in paragraph (2) for the purpose of establishing and conducting a program to provide education and training in environmental restoration and waste management to eligible individuals described in subsection (d). To the extent practicable, the Secretary shall authorize the consortium to use a military installation closed or selected to be closed under a base closure law in providing on-site basic skills training to participants in the program.“(2) The entities referred to in paragraph (1) are the following:“(A) Appropriate State and local agencies.“(B) local [sic] workforce investment boards established under [former] section 117 of the Workforce Investment 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) A program established or conducted using funds provided under subsection (a) may provide education and training in environmental restoration and waste management to—“(1) individuals who have been terminated or laid off from employment (or have received notice of termination or lay off) as a consequence of reductions in expenditures by the United States for defense, the cancellation, termination, or completion of a defense contract, or the closure or realignment of a military installation under a base closure law, as determined in accordance with regulations prescribed by the Secretary; or“(2) individuals who have attained the age of 16 but not the age of 25.“(e) In establishing or conducting an education and training program using funds provided under subsection (a), the institution of higher education shall meet the following requirements:“(1) The institution of higher education shall establish and provide a work-based learning system consisting of education and training in environmental restoration—“(A) which may include basic educational courses, on-site basic skills training, and mentor assistance to individuals described in subsection (d) who are participating in the program; and“(B) which may lead to the awarding of a certificate or degree at the institution of higher education.“(2) The institution of higher education shall undertake outreach and recruitment efforts to encourage participation by eligible individuals in the education and training program.“(3) The institution of higher education shall select participants for the education and training program from among eligible individuals described in paragraph (1) or (2) of subsection (d).“(4) To the extent practicable, in the selection of young adults described in subsection (d)(2) to participate in the education and training program, the institution of higher education shall give priority to those young adults who—“(A) have not attended and are otherwise unlikely to be able to attend an institution of higher education; or“(B) have, or are members of families who have, received a total family income that, in relation to family size, is not in excess of the higher of—“(i) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2))); or“(ii) 70 percent of the lower living standard income level.“(5) To the extent practicable, the institution of higher education shall select instructors for the education and training program from institutions of higher education, appropriate community programs, and industry and labor.“(6) To the extent practicable, the institution of higher education shall consult with appropriate Federal, State, and local agencies carrying out environmental restoration programs for the purpose of achieving coordination between such programs and the education and training program conducted by the consortium.“(f) To the extent practicable, the Secretary shall provide grants to institutions of higher education under subsection (a) in a manner which will equitably distribute such grants among the various regions of the United States.“(g) The amount of a grant under subsection (a) that may be made to a single institution of higher education in a fiscal year may not exceed ⅓ of the amount made available to provide grants under such subsection for that fiscal year.“(h) (1) The Secretary may provide a grant to an institution of higher education under subsection (a) only if the institution agrees to submit to the Secretary, in each fiscal year in which the Secretary makes payments under the grant to the institution, a report containing—“(A) a description and evaluation of the education and training program established by the consortium formed by the institution under subsection (c); and“(B) such other information as the Secretary may reasonably require.“(2) Not later than 18 months after the date of the enactment of this Act [“(A) a compilation of the information contained in the reports received by the Secretary from each institution of higher education under paragraph (1); and“(B) an evaluation of the effectiveness of the demonstration grant program authorized by this section.“(3) Not later than “(A) a compilation of the information described in the interim report; and“(B) a final evaluation of the effectiveness of the demonstration grant program authorized by this section, including a recommendation as to the feasibility of continuing the program.“(i) For purposes of this section:“(1) The term ‘base closure law’ has the meaning given such term in section 101(a)(17) of title 10, United States Code.“(2) The term ‘environmental restoration’ means actions taken consistent with a permanent remedy to prevent or minimize the release of hazardous substances into the environment so that such substances do not migrate to cause substantial danger to present or future public health or welfare or the environment.“(3) The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001].“(4) The term ‘Secretary’ means the Secretary of Defense.“(j) 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.”
Pub. L. 103–160, div. A, title XIII, § 1334, “(a) The Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, may establish a scholarship program in order to enable eligible individuals described in subsection (d) to undertake the educational training or activities relating to environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup described in subsection (b) at the institutions of higher education described in subsection (c).“(b) (1) The program established under subsection (a) shall be limited to educational training or activities related to—“(A) site remediation;“(B) site characterization;“(C) hazardous waste management;“(D) hazardous waste reduction;“(E) recycling;“(F) process and materials engineering;“(G) training for positions related to environmental engineering, environmental sciences, or environmental project management (including training for management positions); and“(H) environmental engineering with respect to the construction of facilities to address the items described in subparagraphs (A) through (G).“(2) The program established under subsection (a) shall be limited to educational training or activities designed to enable individuals to achieve specialization in the following fields:“(A) Earth sciences.“(B) Chemistry.“(C) Chemical Engineering.“(D) Environmental engineering.“(E) Statistics.“(F) Toxicology.“(G) Industrial hygiene.“(H) Health physics.“(I) Environmental project management.“(c) Scholarship funds awarded under this section shall be used by individuals awarded scholarships to enable such individuals to attend institutions of higher education associated with hazardous substance research centers to enable such individuals to undertake a program of educational training or activities described in subsection (b) that leads to an undergraduate degree, a graduate degree, or a degree or certificate that is supplemental to an academic degree.“(d) Individuals eligible for scholarships under the program established under subsection (a) are the following:“(1) Any member of the Armed Forces who—“(A) was on active duty or full-time National Guard duty on “(B) during the 5-year period beginning on that date—“(i) is involuntarily separated (as defined in section 1141 of title 10, United States Code) from active duty or full-time National Guard duty; or“(ii) is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under section 1174a of title 10, United States Code, or the voluntary separation incentive program under section 1175 of that title; and“(C) is not entitled to retired or retainer pay incident to that separation.“(2) Any civilian employee of the Department of Energy or the Department of Defense (other than an employee referred to in paragraph (3)) who—“(A) is terminated or laid off from such employment during the five-year period beginning on “(B) is not entitled to retired or retainer pay incident to that termination or lay off.“(3) Any civilian employee of the Department of Defense whose employment at a military installation approved for closure or realignment under a base closure law is terminated as a result of such closure or realignment.“(e) (1)(A) The Secretary of Defense shall award scholarships under this section to such eligible individuals as the Secretary determines appropriate pursuant to regulations or policies promulgated by the Secretary.“(B) In awarding a scholarship under this section, the Secretary shall—“(i) take into consideration the extent to which the qualifications and experience of the individual applying for the scholarship prepared such individual for the educational training or activities to be undertaken; and“(ii) award a scholarship only to an eligible individual who has been accepted for enrollment in the institution of higher education described in subsection (c) and providing the educational training or activities for which the scholarship assistance is sought.“(2) The Secretary of Defense shall determine the amount of the scholarships awarded under this section, except that the amount of scholarship assistance awarded to any individual under this section may not exceed—“(A) $10,000 in any 12-month period; and“(B) a total of $20,000.“(f) (1) Each individual desiring a scholarship under this section shall submit an application to the Secretary of Defense in such manner and containing or accompanied by such information as the Secretary may reasonably require.“(2) A member of the Armed Forces described in subsection (d)(1) who desires to apply for a scholarship under this section shall submit an application under this subsection not later than 180 days after the date of the separation of the member. In the case of members described in subsection (d)(1) who were separated before the date of the enactment of this Act [“(3) A civilian employee described in paragraph (2) or (3) of subsection (d) who desires to apply for a scholarship under this section, but who receives no prior notice of such termination or lay off, may submit an application under this subsection at any time after such termination or lay off. A civilian employee described in paragraph (1) or (2) of subsection (d) who receives a notice of termination or lay off shall submit an application not later than 180 days before the effective date of the termination or lay off. In the case of employees described in such paragraphs who were terminated or laid off before the date of the enactment of this Act [“(g) (1) Any individual receiving scholarship assistance from the Secretary of Defense under this section shall enter into an agreement with the Secretary under which the individual agrees to pay to the United States the total amount of the scholarship assistance provided to the individual by the Secretary under this section, plus interest at the rate prescribed in paragraph (4), if the individual does not complete the educational training or activities for which such assistance is provided.“(2) If an individual fails to pay to the United States the total amount required pursuant to paragraph (1), including the interest, at the rate prescribed in paragraph (4), the unpaid amount shall be recoverable by the United States from the individual or such individual’s estate by—“(A) in the case of an individual who is an employee of the United States, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and“(B) such other method as is provided by law for the recovery of amounts owing to the United States.“(3) The Secretary of Defense may waive in whole or in part a required repayment under this subsection if the Secretary determines that the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.“(4) The total amount of scholarship assistance provided to an individual under this section, for purposes of repayment under this subsection, shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)).“(h) Any scholarship assistance provided to an individual under this section shall be taken into account in determining the eligibility of the individual for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).“(i) Not later than “(j) (1) To carry out the scholarship program authorized by subsection (a), the Secretary of Defense may use the unobligated balance of funds made available pursuant to section 4451(k) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2701 note) for fiscal year 1993 for environmental scholarship and fellowship programs for the Department of Defense.“(2) The cost of carrying out the program authorized by subsection (a) may not exceed $8,000,000 in any fiscal year.“(k) For purposes of this section:“(1) The term ‘base closure law’ means the following:“(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).“(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).“(2) The term ‘hazardous substance research centers’ means the hazardous substance research centers described in section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such term includes the Great Plains and Rocky Mountain Hazardous Substance Research Center, the Northeast Hazardous Substance Research Center, the Great Lakes and Mid-Atlantic Hazardous Substance Research Center, the South and Southwest Hazardous Substance Research Center, and the Western Region Hazardous Substance Research Center.“(3) The term ‘institution of higher education’ has the same meaning given such term in section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001].”
Pub. L. 103–160, div. A, title XIII, § 1335, “(a) The Secretary of Defense may establish a program to provide such training to eligible civilian employees of the Department of Defense as the Secretary considers to be necessary to qualify such employees to carry out environmental assessment, remediation, and restoration activities (including asbestos abatement) at military installations closed or to be closed.“(b) In the case of eligible civilian employees of the Department of Defense who successfully complete the training program established pursuant to subsection (a), the Secretary may—“(1) employ such employees to carry out environmental assessment, remediation, and restoration activities at military installations referred to in subsection (a); or“(2) require, as a condition of a contract for the private performance of such activities at such an installation, the contractor to be engaged in carrying out such activities to employ such employees.“(c) Eligibility for selection to participate in the training program under subsection (a) shall be limited to those civilian employees of the Department of Defense whose employment would be terminated by reason of the closure of a military installation if not for the selection of the employees to participate in the training program.“(d) The Secretary shall give priority in providing training and employment under this section to eligible civilian employees employed at a military installation the closure of which will directly result in the termination of the employment of at least 1,000 civilian employees of the Department of Defense.“(e) Nothing in this section shall be construed to revise or modify any requirement established under Federal or State law relating to environmental assessment, remediation, or restoration activities at military installations closed or to be closed.”
Pub. L. 103–139, title II,
Pub. L. 102–484, div. A, title III, § 323, “(a) The Secretary of Defense shall establish a pilot program to expedite the performance of on-site environmental restoration at—“(1) military installations scheduled for closure under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note);“(2) military installations scheduled for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note); and“(3) facilities for which the Secretary is responsible under the Defense Environmental Restoration Program established under section 2701 of title 10, United States Code.“(b) (1) For participation in the pilot program, the Secretary shall select—“(A) 2 military installations referred to in subsection (a)(1);“(B) 4 military installations referred to in subsection (a)(2), consisting of—“(i) 2 military installations scheduled for closure as of the date of the enactment of this Act [“(ii) 2 military installations included in the list transmitted by the Secretary no later than “(C) not less than 4 facilities referred to in subsection (a)(3) with respect to each military department.“(2)(A) Except as provided in subparagraph (B), the selections under paragraph (1) shall be made not later than 60 days after the date of the enactment of this Act.“(B) The selections under paragraph (1) of military installations described in subparagraph (B)(ii) of such paragraph shall be made not later than 60 days after the date on which the deadline (set forth in section 2904(b) of such Act) for enacting a joint resolution of disapproval with respect to the report transmitted by the President has passed.“(3) The installations and facilities selected under paragraph (1) shall be representative of—“(A) a variety of the environmental restoration activities required for facilities under the Defense Environmental Restoration Program and for military installations scheduled for closure under the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) [see Short Title of 1988 Amendment note under 10 U.S.C. 2687] and the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); and“(B) the different sizes of such environmental restoration activities to provide, to the maximum extent practicable, opportunities for the full range of business sizes to enter into environmental restoration contracts with the Department of Defense and with prime contractors to perform activities under the pilot program.“(c) Subject to subsection (d), and to the maximum extent possible, the Secretary shall, in order to eliminate redundant tasks and to accelerate environmental restoration at military installations, use the authorities granted in existing law to carry out the pilot program, including—“(1) the development and use of innovative contracting techniques;“(2) the use of all reasonable and appropriate methods to expedite necessary Federal and State administrative decisions, agreements, and concurrences; and“(3) the use (including any necessary request for the use) of existing authorities to ensure that environmental restoration activities under the pilot program are conducted expeditiously, with particular emphasis on activities that may be conducted in advance of any final plan for environmental restoration.“(d) The Secretary shall carry out the pilot program consistent with the following principles:“(1) Activities of the pilot program shall be carried out subject to and in accordance with all applicable Federal and State laws and regulations.“(2) Competitive procedures shall be used to select the contractors.“(3) The experience and ability of the contractors shall be considered, in addition to cost, as a factor to be evaluated in the selection of the contractors.“(e) The pilot program established in this section shall not result in the delay of environmental restoration activities at other military installations and former sites of the Department of Defense.”
Pub. L. 102–484, div. A, title III, § 324, “It is the sense of the Congress that in carrying out environmental restoration activities at military installations outside the United States, the President should seek to obtain an equitable division of the costs of environmental restoration with the nation in which the installation is located.”
Pub. L. 102–484, div. D, title XLIV, § 4451, “(a) The Secretary of Defense (hereinafter in this section referred to as the ‘Secretary’) may conduct scholarship and fellowship programs for the purpose of enabling individuals to qualify for employment in the field of environmental restoration or other environmental programs in the Department of Defense.“(b) To be eligible to participate in the scholarship or fellowship program, an individual must—“(1) be accepted for enrollment or be currently enrolled as a full-time student at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001]);“(2) be pursuing a program of education that leads to an appropriate higher education degree in engineering, biology, chemistry, or another qualifying field related to environmental activities, as determined by the Secretary;“(3) sign an agreement described in subsection (c);“(4) be a citizen or national of the United States or be an alien lawfully admitted to the United States for permanent residence; and“(5) meet any other requirements prescribed by the Secretary.“(c) An agreement between the Secretary and an individual participating in a scholarship or fellowship established in subsection (a) shall be in writing, shall be signed by the individual, and shall include the following provisions:“(1) The agreement of the Secretary to provide the individual with educational assistance for a specified number of school years (not to exceed 5 years) during which the individual is pursuing a course of education in a qualifying field. The assistance may include payment of tuition, fees, books, laboratory expenses, and (in the case of a fellowship) a stipend.“(2) The agreement of the individual to perform the following:“(A) Accept such educational assistance.“(B) Maintain enrollment and attendance in the educational program until completed.“(C) Maintain, while enrolled in the educational program, satisfactory academic progress as prescribed by the institution of higher education in which the individual is enrolled.“(D) Serve, upon completion of the educational program and selection by the Secretary under subsection (e), as a full-time employee in an environmental restoration or other environmental position in the Department of Defense for the applicable period of service specified in subsection (d).“(d) The period of service required under subsection (c)(2)(D) is as follows:“(1) For an individual who completes a bachelor’s degree under a scholarship program established under subsection (a), a period of 12 months for each school year or part thereof for which the individual is provided a scholarship under the program.“(2) For an individual who completes a master’s degree or other post-graduate degree under a fellowship program established under subsection (a), a period of 24 months for each school year or part thereof for which the individual is provided a fellowship under the program.“(e) The Secretary shall annually review the number and performance under the agreement of individuals who complete educational programs during the preceding year under any scholarship and fellowship programs conducted pursuant to subsection (a). From among such individuals, the Secretary shall select individuals for environmental positions in the Department of Defense, based on the type and availability of such positions.“(f) (1) Any individual participating in a scholarship or fellowship program under this section shall agree to pay to the United States the total amount of educational assistance provided to the individual under the program, plus interest at the rate prescribed in paragraph (4), if—“(A) the individual does not complete the educational program as agreed to pursuant to subsection (c)(2)(B), or is selected by the Secretary under subsection (e) but declines to serve, or fails to complete the service, in a position in the Department of Defense as agreed to pursuant to subsection (c)(2)(D); or“(B) the individual is involuntarily separated for cause from the Department of Defense before the end of the period for which the individual has agreed to continue in the service of the Department of Defense.“(2) If an individual fails to fulfill the agreement of the individual to pay to the United States the total amount of educational assistance provided under a program established under subsection (a), plus interest at the rate prescribed in paragraph (4), a sum equal to the amount of the educational assistance (plus such interest, if applicable) shall be recoverable by the United States from the individual or his estate by—“(A) in the case of an individual who is an employee of the Department of Defense or other Federal agency, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and“(B) such other method provided by law for the recovery of amounts owing to the United States.“(3) The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.“(4) The total amount of educational assistance provided to an individual under a program established under subsection (a) shall, for purposes of repayment under this section, bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)).“(g) In evaluating applicants for the award of a scholarship or fellowship under a program established under subsection (a), the Secretary shall give a preference to—“(1) individuals who are, or have been, employed by the Department of Defense or its contractors and subcontractors who have been engaged in defense-related activities; and“(2) individuals who are or have been members of the Armed Forces.“(h) A scholarship or fellowship awarded under this section shall be taken into account in determining the eligibility of the individual for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).“(i) The Secretary may award to qualified applicants not more than 100 scholarships (for undergraduate students) and not more than 30 fellowships (for graduate students) in fiscal year 1993.“(j) Not later than “(k) Of the amount authorized to be appropriated in section 301(5) [106 Stat. 2360]—“(1) $7,000,000 shall be available to carry out the scholarship and fellowship programs established in subsection (a); and“(2) $3,000,000 shall be available to provide training to Department of Defense personnel to obtain the skills required to comply with existing environmental statutory and regulatory requirements.”
Pub. L. 102–484, div. D, title XLIV, § 4452,
Pub. L. 101–510, div. A, title III, § 342(b), “(1) The Secretary of Defense shall develop a policy for determining applicable environmental requirements for military installations located outside the United States. In developing the policy, the Secretary shall ensure that the policy gives consideration to adequately protecting the health and safety of military and civilian personnel assigned to such installations.“(2) The Secretary of Defense shall develop a policy for determining the responsibilities of the Department of Defense with respect to cleaning up environmental contamination that may be present at military installations located outside the United States. In developing the policy, the Secretary shall take into account applicable international agreements (such as Status of Forces agreements), multinational or joint use and operation of such installations, relative share of the collective defense burden, and negotiated accommodations.“(3) The Secretary of Defense shall develop a policy and strategy to ensure adequate oversight of compliance with applicable environmental requirements and responsibilities of the Department of Defense determined under the policies developed under paragraphs (1) and (2). In developing the policy, the Secretary shall consider using the Inspector General of the Department of Defense to ensure active and forceful oversight.“(4) At the same time the President submits to Congress his budget for fiscal year 1993 pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a report describing the policies developed under paragraphs (1), (2), and (3). The report also shall include a discussion of the role of the Inspector General of the Department of Defense in overseeing environmental compliance at military installations outside the United States.“(5) For purposes of this subsection, the term ‘military installation’ means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located outside the United States and outside any territory, commonwealth, or possession of the United States.”
Pub. L. 101–510, div. A, title III, § 344,
Pub. L. 102–484, div. A, title III, § 325,
Pub. L. 101–510, div. A, title III, § 345, “(a) (1) In addition to the functions of the advisory committee established pursuant to section 356(c) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 [Pub. L. 101–189] (10 U.S.C. 2701 note), it shall be the function of the Committee to study (A) the use of methyl chloroform, hydrochlorofluorcarbons (HCFCs), and carbon tetrachloride by the Department of Defense and by contractors in the performance of contracts for the Department of Defense, and (B) the costs and feasibility of using alternative compounds or technologies for methyl chloroform, HCFCs, and carbon tetrachloride.“(2) Within 120 days after the date of the enactment of this Act [“(3) Within 150 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that do not specify use of methyl chloroform, HCFCs, or carbon tetrachloride but cannot be met without the use of one or more of such substances.“(b) 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) The deadline for submitting to Congress the report required by section 356(d) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 concerning the uses of CFCs is hereby extended to “(d) Not later than
Pub. L. 101–189, div. A, title III, § 352, “(a) The Secretary of Defense shall develop and maintain a comprehensive data base on environmental activities carried out by the Department of Defense pursuant to, and environmental compliance obligations to which the Department is subject under, chapter 160 of title 10, United States Code, and all other applicable Federal and State environmental laws. At a minimum, the information in the data base shall include all the fines and penalties assessed against the Department of Defense pursuant to environmental laws and paid by the Department, all notices of violations of environmental laws received by the Department, and all obligations of the Department for compliance with environmental laws. The Secretary may include any other information he considers appropriate.“(b) Not later than one year after the date of the enactment of this Act [
Pub. L. 101–189, div. A, title III, § 354,
Pub. L. 101–189, div. A, title III, § 356, “(a) The Secretary of Defense shall formulate and carry out, through the Under Secretary of Defense for Acquisition, Technology, and Logistics a program to reduce the unnecessary release of chlorofluorocarbons (hereinafter in this section referred to as ‘CFCs’) and halons into the atmosphere in connection with maintenance operations and training and testing practices of the Department of Defense.“(b) (1) Not later than 180 days after the date of the enactment of this Act [“(2) Before the report required under paragraph (1) is submitted to the committees named in such paragraph, the Secretary shall transmit a copy of the report to the Administrator of the Environmental Protection Agency for comment.“(c) (1) Not later than 30 days after the date of the enactment of this Act [“(2) It shall be the function of the Committee to study (A) the use of CFCs by the Department of Defense and by contractors in the performance of contracts for the Department of Defense, and (B) the cost and feasibility of using alternative compounds for CFCs or using alternative technologies that do not require the use of CFCs.“(3) Within 120 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that specify the use of CFCs.“(4) Within 150 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that do not specify use of CFCs but cannot be met without the use of CFCs.“(d) Not later than “(1) identify cases in which the Committee found that substitutes for CFCs could be made most expeditiously;“(2) identify the feasibility and cost of substituting compounds or technologies for CFC uses referred to in subsection (c)(3) and estimate the time necessary for completing the substitution;“(3) identify CFC uses referred to in subsection (c)(4) for which substitutes are not currently available and indicate the reasons substitutes are not available;“(4) describe the types of research programs that should be undertaken to identify substitute compounds or technologies for CFC uses referred to in paragraphs (3) and (4) of subsection (c) and estimate the cost of the program;“(5) recommend procedures to expedite the use of substitute compounds and technologies offered by contractors to replace CFC uses;“(6) estimate the earliest date on which CFCs will no longer be required for military applications; and“(7) estimate the cost of revising military specifications for the use of substitutes for CFCs, the additional costs resulting from modification of Department of Defense contracts to provide for the use of substitutes for CFCs, and the cost of purchasing new equipment and reverification necessitated by the use of substitutes for CFCs.”
Pub. L. 101–189, div. A, title III, § 358,
Pub. L. 101–189, div. A, title III, § 361,
Pub. L. 101–165, title IX, § 9038,