Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 2700"
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description: "Definitions"
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title_name: "ARMED FORCES"
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chapter_number: "160"
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chapter_name: "ENVIRONMENTAL RESTORATION"
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section: "2700"
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citation: "10 U.S.C. § 2700"
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---
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# 10 U.S.C. § 2700 - Definitions
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## Text
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In this chapter:
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(1) The term “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
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(2) The terms “environment”, “facility”, “hazardous substance”, “person”, “pollutant or contaminant”, “release”, “removal”, “response”, “disposal”, and “hazardous waste” have the meanings given those terms in section 101 of CERCLA (42 U.S.C. 9601).
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(3) The term “Administrator” means the Administrator of the Environmental Protection Agency.
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(4) The term “National Guard facility” includes 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, without regard to—
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(A) the owner or operator of the facility; or
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(B) whether the facility is under the jurisdiction of the Department of Defense or a military department.
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(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.)
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## Notes
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Editorial Notes
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References in TextThe Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in par. (1), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
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Amendments2023—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, subpar. (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 operated by a State for training for the National Guard).” 2019—Par. (2). Pub. L. 116–92 designated existing provisions 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 redesignated former pars. (1) and (2) as (2) and (3), respectively. Pub. L. 107–314, § 313(a)(1), renumbered section 2707 of this title as this section.
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Statutory Notes and Related Subsidiaries
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Savings ClausePub. 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 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).”
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---
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type: "LegalText"
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title: "10 U.S.C. § 2702"
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description: "Research, development, and demonstration program"
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chapter_number: "160"
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chapter_name: "ENVIRONMENTAL RESTORATION"
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section: "2702"
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citation: "10 U.S.C. § 2702"
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---
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# 10 U.S.C. § 2702 - Research, development, and demonstration program
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## Text
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(a) Program.— As part of the Defense Environmental Restoration Program, the Secretary of Defense shall carry out a program of research, development, and demonstration with respect to hazardous wastes. The program shall be carried out in consultation and cooperation with the Administrator and the advisory council established under section 311(a)(5) of CERCLA (42 U.S.C. 9660(a)(5)). The program shall include research, development, and demonstration with respect to each of the following:
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(1) Means of reducing the quantities of hazardous waste generated by activities and facilities under the jurisdiction of the Secretary.
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(2) Methods of treatment, disposal, and management (including recycling and detoxifying) of hazardous waste of the types and quantities generated by current and former activities of the Secretary and facilities currently and formerly under the jurisdiction of the Secretary.
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(3) Identifying more cost-effective technologies for cleanup of hazardous substances.
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(4) Toxicological data collection and methodology on risk of exposure to hazardous waste generated by the Department of Defense.
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(5) The testing, evaluation, and field demonstration of any innovative technology, processes, equipment, or related training devices which may contribute to establishment of new methods to control, contain, and treat hazardous substances, to be carried out in consultation and cooperation with, and to the extent possible in the same manner and standards as, testing, evaluation, and field demonstration carried out by the Administrator, acting through the office of technology demonstration of the Environmental Protection Agency.
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(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.
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(c) Contracts and Grants.— The Secretary may enter into contracts and cooperative agreements with, and make grants to, universities, public and private profit and nonprofit entities, and other persons to carry out the research, development, and demonstration authorized under this section. Such contracts may be entered into only to the extent that appropriated funds are available for that purpose.
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(d) Information Collection and Dissemination.— (1) In general.— The Secretary shall develop, collect, evaluate, and disseminate information related to the use (or potential use) of the treatment, disposal, and management technologies that are researched, developed, and demonstrated under this section.
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(2) Role of epa.— The functions of the Secretary under paragraph (1) shall be carried out in cooperation and consultation with the Administrator. To the extent appropriate and agreed upon by the Administrator and the Secretary, the Administrator shall evaluate and disseminate such information through the office of technology demonstration of the Environmental Protection Agency.
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(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.)
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## Notes
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Editorial Notes
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Amendments2004—Subsec. (a). Pub. L. 108–375 inserted “(42 U.S.C. 9660(a)(5))” after “311(a)(5) of CERCLA”.
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Statutory Notes and Related Subsidiaries
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Partnerships for Investment in Innovative Environmental TechnologiesPub. 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, authorized 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 innovative environmental technologies, and to provide funds to the partner or partners from appropriations available to the Department of Defense for environmental activities for a period of up to five years.
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Agreements for Services of Other Agencies in Support of Environmental Technology CertificationPub. 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 established by the Secretary for reimbursement of State and local governments, and for cost-sharing between the Department of Defense, such governments, and vendors, under cooperative agreements entered into under 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 Indian tribe, to obtain assistance in certifying environmental technologies.
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---
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type: "LegalText"
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title: "10 U.S.C. § 2704"
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description: "Commonly found unregulated hazardous substances"
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kind: "code_section"
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title_name: "ARMED FORCES"
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chapter_number: "160"
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chapter_name: "ENVIRONMENTAL RESTORATION"
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section: "2704"
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citation: "10 U.S.C. § 2704"
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status: "current"
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release_point: "119-100"
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---
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# 10 U.S.C. § 2704 - Commonly found unregulated hazardous substances
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## Text
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(a) Notice to HHS.— (1) In general.— The Secretary of Defense shall notify the Secretary of Health and Human Services of the hazardous substances which the Secretary of Defense determines to be the most commonly found unregulated hazardous substances at facilities under the Secretary’s jurisdiction. The notification shall be of not less than the 25 most widely used such substances.
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(2) Definition.— In this subsection, the term “unregulated hazardous substance” means a hazardous substance—
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(A) for which no standard, requirement, criteria, or limitation is in effect under the Toxic Substances Control Act, the Safe Drinking Water Act, the Clean Air Act, or the Clean Water Act; and
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(B) for which no water quality criteria are in effect under any provision of the Clean Water Act.
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(b) Toxicological Profiles.— The Secretary of Health and Human Services shall take such steps as necessary to ensure the timely preparation of toxicological profiles of each of the substances of which the Secretary is notified under subsection (a). The profiles of such substances shall include each of the following:
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(1) The examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chronic health effects.
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(2) A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects.
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(3) Where appropriate, toxicological testing directed toward determining the maximum exposure level of a hazardous substance that is safe for humans.
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(c) DOD Support.— The Secretary of Defense shall transfer to the Secretary of Health and Human Services such toxicological data, such sums from amounts appropriated to the Department of Defense, and such personnel of the Department of Defense as may be necessary (1) for the preparation of toxicological profiles under subsection (b) or (2) for other health related activities under section 104(i) of CERCLA (42 U.S.C. 9604(i)). The Secretary of Defense and the Secretary of Health and Human Services shall enter into a memorandum of understanding regarding the manner in which this section shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this section.
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(d) EPA Health Advisories.— (1) Preparation.— At the request of the Secretary of Defense, the Administrator shall, in a timely manner, prepare health advisories on hazardous substances. Such an advisory shall be prepared on each hazardous substance—
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(A) for which no advisory exists;
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(B) which is found to threaten drinking water; and
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(C) which is emanating from a facility under the jurisdiction of the Secretary.
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(2) Content of health advisories.— Such health advisories shall provide specific advice on the levels of contaminants in drinking water at which adverse health effects would not be anticipated and which include a margin of safety so as to protect the most sensitive members of the population at risk. The advisories shall provide data on one-day, 10-day, and longer-term exposure periods where available toxicological data exist.
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(3) DOD support for health advisories.— The Secretary of Defense shall transfer to the Administrator such toxicological data, such sums from amounts appropriated to the Department of Defense, and such personnel of the Department of Defense as may be necessary for the preparation of such health advisories. The Secretary and the Administrator shall enter into a memorandum of understanding regarding the manner in which this subsection shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this subsection.
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(e) Cross Reference.— Section 104(i) of CERCLA (42 U.S.C. 9604(i)) applies to facilities under the jurisdiction of the Secretary of Defense in the manner prescribed in that section.
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(f) Functions of HHS To Be Carried Out Through ATSDR.— The functions of the Secretary of Health and Human Services under this section shall be carried out through the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services established under section 104(i) of CERCLA (42 U.S.C. 9604(i)).
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(Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722; amended Pub. L. 102–25, title VII, § 701(j)(10), Apr. 6, 1991, 105 Stat. 116; Pub. L. 108–375, div. A, title X, § 1084(d)(27), Oct. 28, 2004, 118 Stat. 2063.)
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## Notes
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Editorial Notes
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References in TextThe Toxic Substances Control Act, referred to in subsec. (a)(2)(A), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Safe Drinking Water Act, referred to in subsec. (a)(2)(A), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Clean Air Act, referred to in subsec. (a)(2)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 15B (§ 1857 et seq.) of Title 42. On enactment of Pub. L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Clean Water Act, referred to in subsec. (a)(2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
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Amendments2004—Subsecs. (c), (e), (f). Pub. L. 108–375 inserted “(42 U.S.C. 9604(i))” after “CERCLA”. 1991—Subsec. (f). Pub. L. 102–25 substituted “Agency for Toxic Substances” for “Agency of Toxic Substances”.
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---
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type: "LegalText"
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chapter_number: "160"
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chapter_name: "ENVIRONMENTAL RESTORATION"
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section: "2705"
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citation: "10 U.S.C. § 2705"
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status: "current"
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---
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||||
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# 10 U.S.C. § 2705 - Notice of environmental restoration activities
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## Text
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(a) Expedited Notice.— The Secretary of Defense shall take such actions as necessary to ensure that the regional offices of the Environmental Protection Agency and appropriate State and local authorities for the State in which a facility under the Secretary’s jurisdiction is located receive prompt notice of each of the following:
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(1) The discovery of releases or threatened releases of hazardous substances at the facility.
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(2) The extent of the threat to public health and the environment which may be associated with any such release or threatened release.
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(3) Proposals made by the Secretary to carry out response actions with respect to any such release or threatened release.
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(4) The initiation of any response action with respect to such release or threatened release and the commencement of each distinct phase of such activities.
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(b) Comment by EPA and State and Local Authorities.— (1) Release notices.— The Secretary shall ensure that the Administrator of the Environmental Protection Agency and appropriate State and local officials have an adequate opportunity to comment on notices under paragraphs (1) and (2) of subsection (a).
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(2) Proposals for response actions.— The Secretary shall require that an adequate opportunity for timely review and comment be afforded to the Administrator and to appropriate State and local officials after making a proposal referred to in subsection (a)(3) and before undertaking an activity or action referred to in subsection (a)(4). The preceding sentence does not apply if the action is an emergency removal taken because of imminent and substantial endangerment to human health or the environment and consultation would be impractical.
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(c) Technical Review Committee.— Whenever possible and practical, the Secretary shall establish a technical review committee to review and comment on Department of Defense actions and proposed actions with respect to releases or threatened releases of hazardous substances at installations. Members of any such committee shall include at least one representative of the Secretary, the Administrator, and appropriate State and local authorities and shall include a public representative of the community involved.
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(d) Restoration Advisory Board.— (1) In lieu of establishing a technical review committee under subsection (c), the Secretary may permit the establishment of a restoration advisory board in connection with any installation (or group of nearby installations) where the Secretary is planning or implementing environmental restoration activities.
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(2) (A) The Secretary shall prescribe regulations regarding the establishment, characteristics, composition, and funding of restoration advisory boards pursuant to this subsection.
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|
||||
(B) The issuance of regulations under subparagraph (A) shall not be a precondition to the establishment of restoration advisory boards under this subsection.
|
||||
|
||||
(C) Chapter 10 of title 5 shall not apply to a restoration advisory board established under this subsection.
|
||||
|
||||
(3) The Secretary may authorize the commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) to pay routine administrative expenses of a restoration advisory board established for that installation. Such payments shall be made from funds available under subsection (g).
|
||||
|
||||
(e) Technical Assistance.— (1) The Secretary may, upon the request of the technical review committee for an installation, restoration advisory board for an installation, community concerned with respect to an installation, or individual member of such community, authorize the commander of the installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) to obtain from covered sources technical assistance for the committee, advisory board, community, or individual (as the case may be) to interpret scientific and engineering issues with regard to the nature of environmental hazards at the installation and the restoration activities conducted, or proposed to be conducted, at the installation. The commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) shall use funds made available under subsection (g) for obtaining assistance under this paragraph.
|
||||
|
||||
(2) The commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) may obtain technical assistance under paragraph (1) for a technical review committee, restoration advisory board, community, or individual only if the technical assistance—
|
||||
|
||||
(A) is likely to contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation; or
|
||||
|
||||
(B) is a service described in paragraph (3).
|
||||
|
||||
(3) A service described in this paragraph is a service to improve public participation in, or assist in the navigation of, environmental restoration activities at an installation by the community concerned or an individual member of such community, including with respect to the following:
|
||||
|
||||
(A) The interpretation of site-related documents, including documents concerning the nature of a release or threatened release at the installation, monitoring, testing plans, and reports associated with site assessment and characterization at the installation.
|
||||
|
||||
(B) The interpretation of health-related information.
|
||||
|
||||
(C) The interpretation of documents, plans, proposed actions, and final decisions relating to—
|
||||
|
||||
(i) an interim remedial action;
|
||||
|
||||
(ii) a remedial investigation or feasibility study;
|
||||
|
||||
(iii) a record of decision;
|
||||
|
||||
(iv) a remedial design;
|
||||
|
||||
(v) the selection and construction of remedial action;
|
||||
|
||||
(vi) operation and maintenance;
|
||||
|
||||
(vii) a five-year review at the installation; or
|
||||
|
||||
(viii) a removal action at the installation.
|
||||
|
||||
(D) Assistance with the preparation of public comments.
|
||||
|
||||
(E) The development of outreach materials to improve public participation.
|
||||
|
||||
(F) The provision of advice and guidance regarding additional technical assistance for which the community or individual, as the case may be, may be eligible.
|
||||
|
||||
(4) In this subsection, the term “covered source” means a private sector source, a Federal department or agency other than the Department of Defense (pursuant to a Federal interagency agreement), or a nonprofit entity (pursuant to a cooperative agreement entered into with such entity).
|
||||
|
||||
(f) Involvement in Defense Environmental Restoration Program.— If a technical review committee or restoration advisory board is established with respect to an installation (or group of installations), the Secretary shall consult with and seek the advice of the committee or board on the following issues:
|
||||
|
||||
(1) Identifying environmental restoration activities and projects at the installation or installations.
|
||||
|
||||
(2) Monitoring progress on these activities and projects.
|
||||
|
||||
(3) Collecting information regarding restoration priorities for the installation or installations.
|
||||
|
||||
(4) Addressing land use, level of restoration, acceptable risk, and waste management and technology development issues related to environmental restoration at the installation or installations.
|
||||
|
||||
(5) Developing environmental restoration strategies for the installation or installations.
|
||||
|
||||
(g) Funding.— The Secretary shall, to the extent provided in appropriations Acts, make funds available for administrative expenses and technical assistance under this section using funds in the following accounts:
|
||||
|
||||
(1) In the case of a military installation not approved for closure pursuant to a base closure law, the environmental restoration account concerned under section 2703(a) of this title.
|
||||
|
||||
(2) In the case of an installation approved for closure pursuant to such a law, the Department of Defense Base Closure Account established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
|
||||
|
||||
(Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1724; amended Pub. L. 103–337, div. A, title III, § 326(a)–(c), Oct. 5, 1994, 108 Stat. 2712, 2713; Pub. L. 104–106, div. A, title III, § 324(a)–(d)(1), (e), Feb. 10, 1996, 110 Stat. 252–254; Pub. L. 104–201, div. A, title III, § 322(c), Sept. 23, 1996, 110 Stat. 2479; Pub. L. 108–136, div. A, title III, § 317(b), title X, § 1043(c)(5), Nov. 24, 2003, 117 Stat. 1432, 1612; Pub. L. 112–239, div. B, title XXVII, § 2711(c)(4)(C), Jan. 2, 2013, 126 Stat. 2144; Pub. L. 117–286, § 4(a)(53), Dec. 27, 2022, 136 Stat. 4311; Pub. L. 118–31, div. A, title III, § 313, Dec. 22, 2023, 137 Stat. 215.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (e)(1). Pub. L. 118–31, § 313(1), substituted “upon the request of the technical review committee for an installation, restoration advisory board for an installation, community concerned with respect to an installation, or individual member of such community” for “upon the request of the technical review committee or restoration advisory board for an installation” and “to obtain from covered sources technical assistance for the committee, advisory board, community, or individual (as the case may be) to interpret” for “to obtain for the committee or advisory board, as the case may be, from private sector sources technical assistance for interpreting”. Subsec. (e)(2). Pub. L. 118–31, § 313(2), substituted “technical review committee, restoration advisory board, community, or individual only if the technical assistance—” and subpars. (A) and (B) for “technical review committee or restoration advisory board only if— “(A) the technical review committee or restoration advisory board demonstrates that the Federal, State, and local agencies responsible for overseeing environmental restoration at the installation, and available Department of Defense personnel, do not have the technical expertise necessary for achieving the objective for which the technical assistance is to be obtained; or “(B) the technical assistance— “(i) is likely to contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation; and “(ii) is likely to contribute to community acceptance of environmental restoration activities at the installation.” Subsec. (e)(3), (4). Pub. L. 118–31, § 313(3), added pars. (3) and (4). 2022—Subsec. (d)(2)(C). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”. 2013—Subsec. (g)(2). Pub. L. 112–239 substituted “Closure Account” for “Closure Account 1990”. 2003—Subsec. (d)(2)(C). Pub. L. 108–136, § 317(b), added subpar. (C). Subsec. (h). Pub. L. 108–136, § 1043(c)(5), struck out heading and text of subsec. (h). Text read as follows: “In this section, the term ‘base closure law’ means the following: “(1) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). “(2) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). “(3) Section 2687 of this title.” 1996—Subsec. (d)(2). Pub. L. 104–106, § 324(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall prescribe regulations regarding the characteristics, composition, funding, and establishment of restoration advisory boards pursuant to this subsection. However, the issuance of regulations shall not be a precondition to the establishment of a restoration advisory board or affect the existence or operation of a restoration advisory board established before the date of the enactment of this section.” Subsec. (d)(3). Pub. L. 104–106, § 324(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The Secretary may provide for the payment of routine administrative expenses of a restoration advisory board from funds available for the operation and maintenance of the installation (or installations) for which the board is established or from the funds available under subsection (e)(3).” Subsec. (e). Pub. L. 104–106, § 324(c), added subsec. (e) and struck out former subsec. (e) which authorized Secretary to make technical assistance grants under section 9617(e) of title 42 in connection with installations containing facilities listed on the National Priorities List and to make funds available to facilitate participation on technical review committees and restoration advisory boards relating to environmental restoration activities at other installations. Subsec. (g). Pub. L. 104–106, § 324(d)(1), added subsec. (g). Subsec. (g)(1). Pub. L. 104–201 substituted “the environmental restoration account concerned” for “the Defense Environmental Restoration Account established”. Subsec. (h). Pub. L. 104–106, § 324(e), added subsec. (h). 1994—Subsecs. (d) to (f). Pub. L. 103–337 added subsecs. (d) to (f).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2013 AmendmentAmendment by Pub. L. 112–239 effective on the later of Oct. 1, 2013, or 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 Jan. 17, 2014), see section 2711(d) of Pub. L. 112–239, set out as a note under section 2701 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 322(e) of Pub. L. 104–201, set out as a note under section 2703 of this title.
|
||||
|
||||
Requirements for Restoration Advisory Boards and Exemption From Federal Advisory Committee ActPub. L. 108–136, div. A, title III, § 317(a), Nov. 24, 2003, 117 Stat. 1432, provided that: “The Secretary of Defense shall amend the regulations required by section 2705(d)(2) of title 10, United States Code, relating to the establishment, characteristics, composition, and funding of restoration advisory boards to ensure that each restoration advisory board complies with the following requirements: “(1) Each restoration advisory board shall be fairly balanced in its membership in terms of the points of view represented and the functions to be performed. “(2) Unless a closed or partially closed meeting is determined to be proper in accordance with one or more of the exceptions listed in section 552b(c) of title 5, United States Code, each meeting of a restoration advisory board shall be—“(A) held at a reasonable time and in a manner or place reasonably accessible to the public, including individuals with disabilities; and “(B) open to the public. “(3) Timely notice of each meeting of a restoration advisory board shall be published in a local newspaper of general circulation. “(4) Interested persons may appear before or file statements with a restoration advisory board, subject to such reasonable restrictions as the Secretary may prescribe. “(5) Subject to section 552 of title 5, United States Code, the records, reports, minutes, appendixes, working papers, drafts, studies, agenda, or other documents that were made available to, prepared for, or prepared by each restoration advisory board shall be available for public inspection and copying at a single, publicly accessible location, such as a public library or an appropriate office of the military installation for which the restoration advisory board is established, at least until the restoration advisory board is terminated. “(6) Detailed minutes of each meeting of each restoration advisory board shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the restoration advisory board. The accuracy of the minutes of a restoration advisory board shall be certified by the chairperson of the board.”
|
||||
|
||||
Implementation Requirements for Restoration Advisory BoardsPub. L. 103–337, div. A, title III, § 326(d), Oct. 5, 1994, 108 Stat. 2713, provided that: “Not later than 180 days after the date on which the Secretary of Defense announces a decision to establish restoration advisory boards, the Secretary shall— “(1) prescribe the regulations required under subsection (d)(2) of section 2705 of title 10, United States Code, as added by subsection (a); and “(2) take appropriate actions to notify the public of the availability of funding under subsection (e) of such section, as added by subsection (b).”
|
||||
|
||||
Report on Restoration Advisory Boards and Assistance for Citizen Participation on Committees and BoardsPub. L. 103–337, div. A, title III, § 326(e), Oct. 5, 1994, 108 Stat. 2713, directed Secretary of Defense to submit, not later than May 1, 1996, report regarding establishment of restoration advisory boards under subsections (d) and (e) of this section and the expenditure of funds for assistance for citizen participation on technical review committees under subsection (e) of this section.
|
||||
|
||||
Restrictions on Administrative and Technical Assistance FundingPub. L. 104–106, div. A, title III, § 324(d)(2), Feb. 10, 1996, 110 Stat. 254, provided that: “(2)(A) Subject to subparagraph (B), the total amount of funds made available under section 2705(g) of title 10, United States Code, as added by paragraph (1), for fiscal year 1996 may not exceed $6,000,000. “(B) Amounts may not be made available under subsection (g) of such section 2705 after September 15, 1996, unless the Secretary of Defense publishes proposed final or interim final regulations required under subsection (d) of such section, as amended by subsection (a).”
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2706"
|
||||
description: "Repealed. Pub. L. 112–81, div. A, title X, § 1061(22)(A), Dec. 31, 2011, 125 Stat. 1584]"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "160"
|
||||
chapter_name: "ENVIRONMENTAL RESTORATION"
|
||||
section: "2706"
|
||||
citation: "10 U.S.C. § 2706"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2706 - Repealed. Pub. L. 112–81, div. A, title X, § 1061(22)(A), Dec. 31, 2011, 125 Stat. 1584]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1724; amended Pub. L. 101–189, div. A, title III, § 357(a)(1), (2)(A), Nov. 29, 1989, 103 Stat. 1426, 1427; Pub. L. 101–510, div. A, title III, §§ 341, 342(a), Nov. 5, 1990, 104 Stat. 1536, 1537; Pub. L. 103–160, div. A, title X, § 1001(a)–(d), Nov. 30, 1993, 107 Stat. 1742–1744; Pub. L. 103–337, div. A, title X, § 1070(b)(9), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 104–106, div. A, title III, § 324(f), Feb. 10, 1996, 110 Stat. 254; Pub. L. 104–201, div. A, title III, § 321, Sept. 23, 1996, 110 Stat. 2477; Pub. L. 105–85, div. A, title III, §§ 344(a), 345, Nov. 18, 1997, 111 Stat. 1688; Pub. L. 105–261, div. A, title III, § 325, Oct. 17, 1998, 112 Stat. 1965; Pub. L. 106–65, div. A, title III, §§ 322, 323(c)(1), Oct. 5, 1999, 113 Stat. 560, 563; Pub. L. 107–107, div. A, title III, § 315, Dec. 28, 2001, 115 Stat. 1053; Pub. L. 109–163, div. A, title III, § 311, Jan. 6, 2006, 119 Stat. 3190, related to annual reports by the Secretary of Defense to Congress regarding environmental restoration activities, environmental quality programs and other environmental activities, and the Department of Defense’s environmental technology program.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2707"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 2707"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2707 - Environmental restoration projects for environmental responses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Environmental Restoration Projects Authorized.— The Secretary of Defense or the Secretary of a military department may carry out an environmental restoration project if that Secretary determines that the project is necessary to carry out a response under this chapter or CERCLA.
|
||||
|
||||
(b) Treatment of Project.— Any construction, development, conversion, or extension of a structure, and any installation of equipment, that is included in an environmental restoration project under this section may not be considered military construction (as that term is defined in section 2801(a) of this title).
|
||||
|
||||
(c) Source of Funds.— Funds authorized for deposit in an account established by section 2703(a) of this title shall be the only source of funds to conduct an environmental restoration project under this section.
|
||||
|
||||
(d) Environmental Restoration Project Defined.— In this section, the term “environmental restoration project” includes any construction, development, conversion, or extension of a structure, or installation of equipment, in direct support of a response.
|
||||
|
||||
(Added Pub. L. 107–314, div. A, title III, § 313(a)(2), Dec. 2, 2002, 116 Stat. 2507; amended Pub. L. 116–92, div. A, title III, § 316(a), Dec. 20, 2019, 133 Stat. 1304; Pub. L. 116–283, div. A, title III, § 314(a), Jan. 1, 2021, 134 Stat. 3514; Pub. L. 118–31, div. A, title III, § 312(f)(1), Dec. 22, 2023, 137 Stat. 215.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 2707 was renumbered section 2700 of this title.
|
||||
|
||||
Amendments2023—Subsec. (e). Pub. L. 118–31 struck out subsec. (e). Text read as follows: “(1) Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, the Secretary concerned may use funds described in subsection (c) to carry out an environmental restoration project at a facility where military activities are conducted by the National Guard of a State under title 32 in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA. “(2) The Secretary concerned may use the authority under section 2701(d) of this title to carry out environmental restoration projects under paragraph (1).” 2021—Subsec. (e). Pub. L. 116–283 designated existing provisions as par. (1), inserted “where military activities are conducted by the National Guard of a State under title 32” after “facility”, and added par. (2). 2019—Subsec. (e). Pub. L. 116–92 added subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Savings ClauseNothing in amendment 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.
|
||||
@@ -0,0 +1,83 @@
|
||||
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|
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|
||||
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2708 - Contracts for handling hazardous waste from defense facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reimbursement Requirement.— (1) Each contract or subcontract to which this section applies shall provide that, upon receipt of hazardous wastes properly characterized pursuant to applicable laws and regulations, the contractor or subcontractor will reimburse the Federal Government for all liabilities incurred by, penalties assessed against, costs incurred by, and damages suffered by, the Government that are caused by—
|
||||
|
||||
(A) the contractor’s or subcontractor’s breach of any term or provision of the contract or subcontract; and
|
||||
|
||||
(B) any negligent or willful act or omission of the contractor or subcontractor, or the employees of the contractor or subcontractor, in the performance of the contract or subcontract.
|
||||
|
||||
(2) Not later than 30 days after such a contract or subcontract is awarded, the contractor or subcontractor shall demonstrate that the contractor or subcontractor will reimburse the Federal Government as provided in paragraph (1).
|
||||
|
||||
(b) Applicability.— (1) Except as provided in paragraph (2), this section applies to each contract entered into by the Secretary of Defense or the Secretary of a military department, and any subcontract under any such contract, with an owner or operator of a hazardous waste treatment or disposal facility during fiscal years 1992 through 1996 for the offsite treatment or disposal of hazardous wastes from a facility under the jurisdiction of the Secretary of Defense.
|
||||
|
||||
(2) This section does not apply to—
|
||||
|
||||
(A) any contract or subcontract to perform remedial action or corrective action under the Defense Environmental Restoration Program, other programs or activities of the Department of Defense, or authorized State hazardous waste programs;
|
||||
|
||||
(B) any contract or subcontract under which the generation of the hazardous waste to be disposed of is incidental to the performance of the contract; or
|
||||
|
||||
(C) any contract or subcontract to dispose of ammunition or solid rocket motors.
|
||||
|
||||
(c) Exception to Reimbursement Requirement.— Notwithstanding subsection (a), in the case of any contract to which this section applies, if the Secretary of Defense or the Secretary of the military department concerned determines that—
|
||||
|
||||
(1) there is only one responsible offeror or there is no responsible offeror willing to provide the reimbursement required by subsection (a) for such contract; or
|
||||
|
||||
(2) failure to award the contract would place the facility concerned in violation of any requirement of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
|
||||
|
||||
then the contract may be awarded without including the reimbursement provision required by subsection (a).
|
||||
|
||||
(d) Definitions.— In this section:
|
||||
|
||||
(1) The term “hazardous waste” has the meaning given that term by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), except that such term also includes polychlorinated biphenyls.
|
||||
|
||||
(2) The term “remedial action” has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)).
|
||||
|
||||
(3) The term “corrective action” has the meaning given that term under section 3004(u) of the Solid Waste Disposal Act (42 U.S.C. 6924(u)).
|
||||
|
||||
(4) The term “polychlorinated biphenyls” has the meaning given that term under section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)).
|
||||
|
||||
(e) Effect on Liability.— Nothing in this section shall affect the liability of the Federal Government under any Federal or State law or under common law.
|
||||
|
||||
(Added Pub. L. 102–190, div. A, title III, § 331(a)(1), Dec. 5, 1991, 105 Stat. 1339; amended Pub. L. 102–484, div. A, title III, § 321, title X, § 1052(36), Oct. 23, 1992, 106 Stat. 2365, 2501; Pub. L. 103–160, div. A, title X, § 1004, Nov. 30, 1993, 107 Stat. 1748.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Solid Waste Disposal Act, referred to in subsec. (c)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
|
||||
|
||||
Amendments1993—Subsec. (b)(1). Pub. L. 103–160 substituted “fiscal years 1992 through 1996” for “fiscal years 1992 and 1993”. 1992—Subsec. (b)(1). Pub. L. 102–484, § 1052(36)(A), substituted “each contract” for “all contracts” and “any subcontract under any such contract” for “all subcontracts under such contracts”. Pub. L. 102–484, § 321, substituted “fiscal years 1992 and 1993” for “fiscal year 1992”. Subsec. (d). Pub. L. 102–484, § 1052(36)(B), substituted “In” for “For purposes of” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 102–190, div. A, title III, § 331(b), Dec. 5, 1991, 105 Stat. 1340, provided that: “Section 2708 of title 10, United States Code, shall apply with respect to contracts entered into after the expiration of the 60-day period beginning on the date of the enactment of this Act [Dec. 5, 1991].”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 2709"
|
||||
description: "Investment control process for environmental technologies"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 2709"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2709 - Investment control process for environmental technologies
|
||||
|
||||
## Text
|
||||
|
||||
(a) Investment Control Process.— The Secretary of Defense shall ensure that the technology planning process developed to implement section 4811 of this title and section 270(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2469) provides for an investment control process for the selection, prioritization, management, and evaluation of environmental technologies by the Department of Defense, the military departments, and the Defense Agencies.
|
||||
|
||||
(b) Planning and Evaluation.— The environmental technology investment control process required by subsection (a) shall provide, at a minimum, for the following:
|
||||
|
||||
(1) The active participation by end-users of environmental technology, including the officials responsible for the environmental security programs of the Department of Defense and the military departments, in the selection and prioritization of environmental technologies.
|
||||
|
||||
(2) The development of measurable performance goals and objectives for the management and development of environmental technologies and specific mechanisms for assuring the achievement of the goals and objectives.
|
||||
|
||||
(3) Annual performance reviews to determine whether the goals and objectives have been achieved and to take appropriate action in the event that they are not achieved.
|
||||
|
||||
(Added Pub. L. 106–65, div. A, title III, § 323(b)(1), Oct. 5, 1999, 113 Stat. 562; amended Pub. L. 116–283, div. A, title XVIII, § 1867(e)(2), Jan. 1, 2021, 134 Stat. 4282.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 270(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2469), referred to in subsec. (a), was formerly set out as a note under section 2501 of this title, prior to repeal by Pub. L. 111–84, div. A, title II, § 241, Oct 28, 2009, 123 Stat. 2237.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283 substituted “section 4811” for “section 2501”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Purposes of Section 323 of Pub. L. 106–65Pub. L. 106–65, div. A, title III, § 323(a), Oct. 5, 1999, 113 Stat. 562, provided that: “The purposes of this section [enacting this section, amending section 2706 of this title, and enacting provisions set out as a note under section 2706 of this title] are— “(1) to hold the Department of Defense and the military departments accountable for achieving performance-based results in the management of environmental technology by providing a connection between program direction and the achievement of specific performance-based results; “(2) to assure the identification of end-user requirements for environmental technology within the military departments; “(3) to assure results, quality of effort, and appropriate levels of service and support for end-users of environmental technology within the military departments; and “(4) to promote improvement in the performance of environmental technologies by establishing objectives for environmental technology programs, measuring performance against such objectives, and making public reports on the progress made in such performance.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 2711"
|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2711 - Annual report on defense environmental programs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Report Required.— Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year.
|
||||
|
||||
(b) Elements.— Each report under subsection (a) shall include, for the year covered by the report, the following:
|
||||
|
||||
(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—
|
||||
|
||||
(A) the total number of sites at which such program was carried out;
|
||||
|
||||
(B) the progress of remediation for sites that have not yet completed cleanup;
|
||||
|
||||
(C) the remaining cost to complete cleanup of known sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—
|
||||
|
||||
(i) detailed information regarding the total potential cost to the Department of investigating and remediating such releases at all locations where investigation and remediation is expected to be funded by the Department; and
|
||||
|
||||
(ii) the cost-to-complete analysis required under subsection (d); and
|
||||
|
||||
(D) an assessment by the Secretary of Defense of the overall progress of such program.
|
||||
|
||||
(2) An assessment by the Secretary of achievements for environmental conservation and planning by the Department.
|
||||
|
||||
(3) An assessment by the Secretary of achievements for environmental compliance by the Department.
|
||||
|
||||
(4) An assessment by the Secretary of achievements for climate resiliency by the Department.
|
||||
|
||||
(5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department.
|
||||
|
||||
(c) Consolidation.— The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental restoration, compliance, and resilience.
|
||||
|
||||
(d) PFAS Cost-to-complete Analysis.— The Secretary shall carry out an annual cost-to-complete analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances releases that—
|
||||
|
||||
(1) includes—
|
||||
|
||||
(A) an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect the cost to complete;
|
||||
|
||||
(B) examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect the cost to complete; and
|
||||
|
||||
(C) an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and
|
||||
|
||||
(2) incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department to complete the known per- and polyfluoroalkyl substances sites, including—
|
||||
|
||||
(A) variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations;
|
||||
|
||||
(B) shifts in regulatory requirements that could alter investigation and remediation strategies; and
|
||||
|
||||
(C) advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title III, § 317(a), Dec. 31, 2011, 125 Stat. 1359; amended Pub. L. 117–263, div. A, title III, § 314(a), Dec. 23, 2022, 136 Stat. 2503; Pub. L. 119–60, div. A, title III, § 311, Dec. 18, 2025, 139 Stat. 803.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (b)(1)(C). Pub. L. 119–60, § 311(1), substituted “sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—” for “sites; and” and added cls. (i) and (ii). Subsec. (d). Pub. L. 119–60, § 311(2), added subsec. (d). 2022—Pub. L. 117–263 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to report required and definitions, respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Reporting on Lead Service Lines and Lead PlumbingPub. L. 117–263, div. B, title XXVIII, § 2853, Dec. 23, 2022, 136 Stat. 3009, provided that: “(a) Initial Report.—Not later than January 1, 2025, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—“(1) a list of military installations (including Government-owned family housing facilities), military housing, and privatized military housing projects that, as of the date of the report, are being serviced by lead service lines or lead plumbing for the purposes of receiving drinking water; “(2) an evaluation of whether military installations and privatized military housing projects are in compliance with the Lead and Copper Rule and, to the extent that such installations and projects are not in compliance, an identification of—“(A) the name and location of each such installation or project that is not in compliance; and “(B) the timeline and plan for bringing each such installation or project into compliance; and “(3) an identification of steps and resources needed to remove any remaining lead plumbing from military installations and housing. “(b) Inclusion of Information in Annual Report.—If, after reviewing the initial report required under subsection (a), the Secretary of Defense finds that any military installation or privatized family housing project is not in compliance with the Lead and Copper Rule, the Secretary shall include in the annual report on defense environmental programs required under section 2711 of title 10, United States Code, for each year after the year in which the initial report is submitted, an update on the efforts of the Secretary, including negotiations with privatized military family housing providers, to fully comply with the Lead and Copper Rule.”
|
||||
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|
||||
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|
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|
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||||
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|
||||
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|
||||
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|
||||
section: "2712"
|
||||
citation: "10 U.S.C. § 2712"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2712 - Reporting on usage and spills of aqueous film-forming foam
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the usage or spill of aqueous film forming foam, either as concentrate or mixed foam, at any military installation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of a usage or spill of greater than 10 gallons of concentrate, or greater than 300 gallons of mixed foam. Each such notice shall include each of the following information:
|
||||
|
||||
(1) The name of the installation where the usage or spill occurred.
|
||||
|
||||
(2) The date on which the usage or spill occurred.
|
||||
|
||||
(3) The amount, type, and specified concentration of aqueous film-forming foam that was used or spilled.
|
||||
|
||||
(4) The cause of the usage or spill.
|
||||
|
||||
(5) A summary narrative of the usage or spill.
|
||||
|
||||
(b) Action Plan.— Not later than 60 days after submitting notice of a usage or spill under subsection (a), the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an action plan for addressing such usage or spill. The action plan shall include the following:
|
||||
|
||||
(1) A description of what actions have been taken to arrest and clean up a spill.
|
||||
|
||||
(2) A description of any coordination with relevant local and State environmental protection agencies.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title III, § 318(a), Jan. 1, 2021, 134 Stat. 3519.)
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "2713"
|
||||
citation: "10 U.S.C. § 2713"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2713 - Native American lands environmental mitigation program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of actions by the Department of Defense on Indian lands and on other locations where the Department, an Indian tribe, and the current land owner agree that such mitigation is appropriate.
|
||||
|
||||
(b) Program Activities.— The activities that may be carried out under the program established under subsection (a) are the following:
|
||||
|
||||
(1) Identification, investigation, and documentation of suspected environmental effects attributable to past actions by the Department of Defense.
|
||||
|
||||
(2) Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.
|
||||
|
||||
(3) Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department.
|
||||
|
||||
(4) Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.
|
||||
|
||||
(5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.
|
||||
|
||||
(6) Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department, including training personnel of the Department to ensure compliance with the policy.
|
||||
|
||||
(c) Cooperative Agreements.— (1) In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.
|
||||
|
||||
(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.
|
||||
|
||||
(3) A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if the total period of performance does not exceed five calendar years.
|
||||
|
||||
(d) Definitions.— In this section:
|
||||
|
||||
(1) The term “Indian land” includes—
|
||||
|
||||
(A) any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;
|
||||
|
||||
(B) any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation;
|
||||
|
||||
(C) Alaska Native village and regional corporation lands; and
|
||||
|
||||
(D) lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, Act of Congress, or action by the President.
|
||||
|
||||
(2) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
|
||||
|
||||
(e) Limitation.— Nothing in this section shall be interpreted to require, compel, or otherwise authorize access to any lands without the landowner’s consent.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title III, § 319(a), Jan. 1, 2021, 134 Stat. 3520; amended Pub. L. 118–159, div. A, title III, § 312, Dec. 23, 2024, 138 Stat. 1851.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Alaska Native Claims Settlement Act, referred to in subsec. (d)(2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
|
||||
|
||||
Amendments2024—Subsec. (c)(3). Pub. L. 118–159 substituted “five calendar years” for “two calendar years”.
|
||||
@@ -0,0 +1,81 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2714"
|
||||
description: "Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "160"
|
||||
chapter_name: "ENVIRONMENTAL RESTORATION"
|
||||
section: "2714"
|
||||
citation: "10 U.S.C. § 2714"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2714"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "d0ce7fcbbaf5fb70a3683f6ee43c3c5bc848bc95b83f3a56b6eeff94870b5775"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "eaf19ce86e4ff27b3b1a5e957c311ce7cbbec97499087de9d36457064ee0fa5b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2714 - Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the “PFAS Task Force”).
|
||||
|
||||
(b) Membership.— The members of the PFAS Task Force are the following:
|
||||
|
||||
(1) The Assistant Secretary of Defense for Energy, Installations, and Environment.
|
||||
|
||||
(2) The Assistant Secretary of the Army for Installations, Energy, and Environment.
|
||||
|
||||
(3) The Assistant Secretary of the Navy for Energy, Installations, and Environment.
|
||||
|
||||
(4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy.
|
||||
|
||||
(5) The Assistant Secretary of Defense for Health Affairs.
|
||||
|
||||
(c) Chairman.— The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.
|
||||
|
||||
(d) Support.— The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force.
|
||||
|
||||
(e) Duties.— The duties of the PFAS Task Force are the following:
|
||||
|
||||
(1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services.
|
||||
|
||||
(2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances.
|
||||
|
||||
(3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances.
|
||||
|
||||
(4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department.
|
||||
|
||||
(5) Supporting research efforts relating to perfluoroalkyl substances or polyfluoroalkyl substances.
|
||||
|
||||
(6) Establishing practices to ensure the timely and complete dissemination of research findings and related data relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public.
|
||||
|
||||
(f) Report.— Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and annually thereafter through 2029, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force.
|
||||
|
||||
(g) Definitions.— 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.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title III, § 341(a), Dec. 27, 2021, 135 Stat. 1641; amended Pub. L. 117–263, div. A, title III, § 341(b), Dec. 23, 2022, 136 Stat. 2529; Pub. L. 118–31, div. A, title III, § 331, Dec. 22, 2023, 137 Stat. 221.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (f), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.
|
||||
|
||||
Amendments2023—Subsec. (f). Pub. L. 118–31 substituted “and annually thereafter through 2029,” for “and quarterly thereafter,”. 2022—Subsec. (e)(5), (6). Pub. L. 117–263 added pars. (5) and (6).
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2715"
|
||||
description: "Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "160"
|
||||
chapter_name: "ENVIRONMENTAL RESTORATION"
|
||||
section: "2715"
|
||||
citation: "10 U.S.C. § 2715"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2715"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f552e3e2e6698ba96eabf0e1f33c99205e743b0b622e9edbd13cbdd6c2acd337"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "613635960ab6e10117dae9bb28140a422bfea9d48364eb65dfdb3a486509b711"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2715 - Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances.
|
||||
|
||||
(b) Determination of Contamination.— Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine—
|
||||
|
||||
(1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and
|
||||
|
||||
(2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility.
|
||||
|
||||
(c) Additional Response Actions.— Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance.
|
||||
|
||||
(d) Type of Testing.— When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency.
|
||||
|
||||
(e) Definitions.— In this section:
|
||||
|
||||
(1) The term “military installation” has the meaning given such term in section 2801(c)(4) of this title.
|
||||
|
||||
(2) The terms “perfluoroalkyl substance” and “polyfluoroalkyl substance” have the meanings given such terms in section 2714 of this title.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title III, § 341(a), Dec. 27, 2021, 135 Stat. 1642.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (a), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Public Disclosure of Results of Department of Defense Testing of Water for Perfluoroalkyl or Polyfluoroalkyl SubstancesPub. L. 117–81, div. A, title III, § 345, Dec. 27, 2021, 135 Stat. 1645, as amended by Pub. L. 117–263, div. A, title III, § 344, Dec. 23, 2022, 136 Stat. 2530; Pub. L. 118–31, div. A, title III, § 312(f)(2), Dec. 22, 2023, 137 Stat. 215, provided that: “(a) Public Disclosure of Results.—“(1) In general.—Except as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as ‘PFAS’) in a covered area, the Secretary of Defense shall publicly disclose such final result, including—“(A) the results of all such testing conducted in the covered area by the Department of Defense; and “(B) the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense. “(2) Consent by private property owners.—The Secretary of Defense may not publicly disclose personally identifiable information in connection with the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner. “(b) Public Disclosure of Planned Testing of Water.—Not later than 180 days after the date of the enactment of the Act [Dec. 27, 2021], and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including—“(1) all such testing to be conducted by the Department of Defense; and “(2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department. “(c) Nature of Disclosure.—The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the results and information referred to in such subsections—“(1) 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); “(2) on another publicly available website of the Department of Defense; or “(3) in the Federal Register. “(d) Local Notification.—Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to—“(1) the managers of the public water system serving the covered area where such testing is to occur; “(2) the heads of the municipal government serving the covered area where such testing is to occur; and “(3) as applicable, the members of the restoration advisory board for the military installation where such testing is to occur. “(e) Methods for Testing.—In testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency. “(f) Definitions.—In this section:“(1) The term ‘covered area’ means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a National Guard facility, as such term is defined in section 2700 of title 10, United States Code. “(2) The term ‘formerly used defense site’ means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the “Environmental Restoration Account, Formerly Used Defense Sites” account established under section 2703(a)(5) of title 10, United States Code. “(3) The term ‘military installation’ has the meaning given such term in section 2801(c)(4) of title 10, United States Code. “(4) The term ‘perfluoroalkyl or polyfluoroalkyl substance’ means any man-made chemical with at least one fully fluorinated carbon atom. “(5) The term ‘public water system’ has the meaning given such term under section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)). “(6) The term ‘restoration advisory board’ means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code.”
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2716"
|
||||
description: "Budget justification document for funding relating to perfluoroalkyl substances and polyfluoroalkyl substances"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "160"
|
||||
chapter_name: "ENVIRONMENTAL RESTORATION"
|
||||
section: "2716"
|
||||
citation: "10 U.S.C. § 2716"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2716"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f8222b0b80e04e24ce853394f5464622cd07eab61cb058cef1db08094651193f"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "42150458dcc270dd207a8b069bbe82c8f75d1e2696a34fae8996e5acd17c071a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2716 - Budget justification document for funding relating to perfluoroalkyl substances and polyfluoroalkyl substances
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Defense shall submit to Congress, concurrent with the submission to Congress of the budget of the President for each fiscal year pursuant to section 1105(a) of title 31, a separate budget justification document that consolidates all information pertaining to activities of the Department of Defense relating to perfluoroalkyl substances or polyfluoroalkyl substances, including funding for and descriptions of—
|
||||
|
||||
(1) research and development efforts;
|
||||
|
||||
(2) testing;
|
||||
|
||||
(3) remediation;
|
||||
|
||||
(4) contaminant disposal; and
|
||||
|
||||
(5) community outreach.
|
||||
|
||||
(Added Pub. L. 118–31, div. A, title III, § 332, Dec. 22, 2023, 137 Stat. 222.)
|
||||
Reference in New Issue
Block a user