
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 314]
[Document affected by Public Law 107-107 Section 316(a)]
[Document affected by Public Law 107-107 Section 316(b)]
[Document affected by Public Law 107-107 Section 311(a)(2)]
[CITE: 10USC2701]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2701. Environmental restoration program

    (a) Environmental Restoration Program.--
        (1) In general.--The Secretary of Defense shall carry out a 
    program of environmental restoration at facilities under the 
    jurisdiction of the Secretary. The program shall be known as the 
    ``Defense Environmental Restoration Program''.
        (2) Application of section 120 of cercla.--Activities of the 
    program described in subsection (b)(1) shall be carried out subject 
    to, and in a manner consistent with, section 120 (relating to 
    Federal facilities) of 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.).
        (3) Consultation with epa.--The program shall be carried out in 
    consultation with the Administrator of the Environmental Protection 
    Agency.
        (4) Administrative office within osd.--The Secretary shall 
    identify an office within the Office of the Secretary which shall 
    have responsibility for carrying out the program.

    (b) Program Goals.--Goals of the program shall include the 
following:
        (1) The identification, investigation, research and development, 
    and cleanup of contamination from hazardous substances, pollutants, 
    and contaminants.
        (2) Correction of other environmental damage (such as detection 
    and disposal of unexploded ordnance) which creates an imminent and 
    substantial endangerment to the public health or welfare or to the 
    environment.
        (3) Demolition and removal of unsafe buildings and structures, 
    including buildings and structures of the Department of Defense at 
    sites formerly used by or under the jurisdiction of the Secretary.

    (c) Responsibility for Response Actions.--
        (1) Basic responsibility.--The Secretary shall carry out (in 
    accordance with the provisions of this chapter and CERCLA) all 
    response actions with respect to releases of hazardous substances 
    from each of the following:
            (A) Each facility or site owned by, leased to, or otherwise 
        possessed by the United States and under the jurisdiction of the 
        Secretary.
            (B) Each facility or site which was under the jurisdiction 
        of the Secretary and owned by, leased to, or otherwise possessed 
        by the United States at the time of actions leading to 
        contamination by hazardous substances.
            (C) Each vessel owned or operated by the Department of 
        Defense.

        (2) Other responsible parties.--Paragraph (1) shall not apply to 
    a removal or remedial action if the Administrator has provided for 
    response action by a potentially responsible person in accordance 
    with section 122 of CERCLA (relating to settlements).
        (3) State fees and charges.--The Secretary shall pay fees and 
    charges imposed by State authorities for permit services for the 
    disposal of hazardous substances on lands which are under the 
    jurisdiction of the Secretary to the same extent that 
    nongovernmental entities are required to pay fees and charges 
    imposed by State authorities for permit services. The preceding 
    sentence shall not apply with respect to a payment that is the 
    responsibility of a lessee, contractor, or other private person.

    (d) Services of Other Agencies.--
        (1) In general.--Subject to paragraph (2), the Secretary may 
    enter into agreements on a reimbursable or other basis with any 
    other Federal agency, with any State or local government agency, or 
    with any Indian tribe, to obtain the services of the agency to 
    assist the Secretary in carrying out any of the Secretary's 
    responsibilities under this section. Services which may be obtained 
    under this subsection include the identification, investigation, and 
    cleanup of any off-site contamination resulting from the release of 
    a hazardous substance or waste at a facility under the Secretary's 
    jurisdiction.
        (2) Limitation on reimbursable agreements.--An agreement with an 
    agency under paragraph (1) may not provide for reimbursement of the 
    agency for regulatory enforcement activities.
        (3) Definition.--In this subsection, the term ``Indian tribe'' 
    has the meaning given such term in section 101(36) of the 
    Comprehensive Environmental Response, Compensation, and Liability 
    Act of 1980 (42 U.S.C. 9601(36)).

    (e) Response Action Contractors.--The provisions of section 119 of 
CERCLA apply to response action contractors (as defined in that section) 
who carry out response actions under this section.
    (f) Use of Appropriated Funds at Former DOD Sites.--Appropriations 
available to the Department of Defense may be used at sites formerly 
used by the Department of Defense for removal of unsafe buildings or 
debris of the Department of Defense.
    (g) Removal of Unsafe Buildings and Debris Before Release From 
Federal Control.--In the case of property formerly used by the 
Department of Defense which is to be released from Federal Government 
control and at which there are unsafe buildings or debris of the 
Department of Defense, all actions necessary to comply with regulations 
of the General Services Administration on the transfer of property in a 
safe condition shall be completed before the property is released from 
Federal Government control, except in the case of property to be 
conveyed to an entity of State or local government or to a native 
corporation.
    (h) Surety-Contractor Relationship.--Any surety which provides a 
bid, performance, or payment bond in connection with any direct Federal 
procurement for a response action contract under the Defense 
Environmental Restoration Program and begins activities to meet its 
obligations under such bond, shall, in connection with such activities 
or obligations, be entitled to any indemnification and the same standard 
of liability to which its principal was entitled under the contract or 
under any applicable law or regulation.
    (i) Surety Bonds.--
        (1) Applicability of miller act.--If under the Miller Act (40 
    U.S.C. 270a et seq.) surety bonds are required for any direct 
    Federal procurement of any response action contract under the 
    Defense Environmental Restoration Program and are not waived 
    pursuant to the Act of April 29, 1941 (40 U.S.C. 270e-270f), the 
    surety bonds shall be issued in accordance with the Miller Act.
        (2) Limitation of accrual of rights of action under bonds.--If, 
    under applicable Federal law, surety bonds are required for any 
    direct Federal procurement of any response action contract under the 
    Defense Environmental Restoration Program, no right of action shall 
    accrue on the performance bond issued on such contract to or for the 
    use of any person other than an obligee named in the bond.
        (3) Liability of sureties under bonds.--If, under applicable 
    Federal law, surety bonds are required for any direct Federal 
    procurement of any response action contract under the Defense 
    Environmental Restoration Program, unless otherwise provided for by 
    the Secretary in the bond, in the event of a default, the surety's 
    liability on a performance bond shall be only for the cost of 
    completion of the contract work in accordance with the plans and 
    specifications of the contract less the balance of funds remaining 
    to be paid under the contract, up to the penal sum of the bond. The 
    surety shall in no event be liable on bonds to indemnify or 
    compensate the obligee for loss or liability arising from personal 
    injury or property damage whether or not caused by a breach of the 
    bonded contract.
        (4) Nonpreemption.--Nothing in this section shall be construed 
    as preempting, limiting, superseding, affecting, applying to, or 
    modifying any State laws, regulations, requirements, rules, 
    practices, or procedures. Nothing in this section shall be construed 
    as affecting, applying to, modifying, limiting, superseding, or 
    preempting any rights, authorities, liabilities, demands, actions, 
    causes of action, losses, judgment, claims, statutes of limitation, 
    or obligations under Federal or State law, which do not arise on or 
    under the bond.

    (j) Applicability.--(1) Subsections (h) and (i) shall not apply to 
bonds executed before December 5, 1991, or after December 31, 1999.
    (2) Subsections (h) and (i) shall not apply to bonds to which 
section 119(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9619(g)) applies.

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986, 100 
Stat. 1719; amended Pub. L. 101-510, div. A, title XIV, Sec. 1481(i)(1), 
Nov. 5, 1990, 104 Stat. 1708; Pub. L. 102-190, div. A, title III, 
Sec. 336(a), Dec. 5, 1991, 105 Stat. 1342; Pub. L. 102-484, div. A, 
title III, Sec. 331(b), title X, Sec. 1052(35), Oct. 23, 1992, 106 Stat. 
2373, 2501; Pub. L. 103-35, title II, Sec. 201(d)(6), May 31, 1993, 107 
Stat. 99; Pub. L. 103-337, div. A, title III, Secs. 322, 323, Oct. 5, 
1994, 108 Stat. 2711; Pub. L. 104-106, div. A, title III, 
Sec. 321(a)(1), title XV, Sec. 1504(a)(1), div. D, title XLIII, 
Sec. 4321(b)(22), Feb. 10, 1996, 110 Stat. 251, 513, 673; Pub. L. 104-
201, div. A, title III, Sec. 329, Sept. 23, 1996, 110 Stat. 2483.)

                       References in Text

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, referred to in subsecs. (a)(2), (c)(1), (2), and 
(e), is Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which 
is classified principally to chapter 103 (Sec. 9601 et seq.) of Title 
42, The Public Health and Welfare. Sections 119, 120, and 122 of that 
Act are classified to sections 9619, 9620, and 9622, respectively, of 
Title 42. For complete classification of this Act to the Code, see Short 
Title note set out under section 9601 of Title 42 and Tables.
    The Miller Act, referred to in subsec. (i)(1), is act Aug. 24, 1935, 
ch. 642, 49 Stat. 793, as amended, which is classified generally to 
sections 270a to 270d-1 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 270a of Title 40 and Tables.
    Act of April 29, 1941, referred to in subsec. (i)(1), is act Apr. 
29, 1941, ch. 81, 55 Stat. 147, as amended, which is classified 
generally to sections 270e and 270f of Title 40. For complete 
classification of this Act to the Code, see Tables.


                            Prior Provisions

    Provisions similar to those in subsecs. (f) and (g) of this section 
were contained in Pub. L. 101-165, title IX, Sec. 9038, Nov. 21, 1989, 
103 Stat. 1137, which was set out below, prior to repeal by Pub. L. 101-
510, Sec. 1481(i)(2).
    A prior section 2701 was renumbered section 2721 of this title.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-201 substituted ``, with any State or 
local government agency, or with any Indian tribe,'' for ``, or with any 
State or local government agency,'' in par. (1) and added par. (3).
    Pub. L. 104-106, Sec. 1504(a)(1), made technical correction to 
directory language of Pub. L. 103-337, Sec. 322(1). See 1994 Amendment 
note below.
    Pub. L. 104-106, Sec. 321(a)(1), amended subsec. (d) generally. 
Prior to amendment, subsec. (d) read as follows: ``Services of Other 
Agencies.--
        ``(1) In general.--The Secretary may enter into agreements on a 
    reimbursable basis with any other Federal agency, and on a 
    reimbursable or other basis with any State or local government 
    agency or any Indian tribe, to obtain the services of that agency to 
    assist the Secretary in carrying out any of the Secretary's 
    responsibilities under this section. Services which may be obtained 
    under this subsection include the identification, investigation, and 
    cleanup of any off-site contamination possibly resulting from the 
    release of a hazardous substance or waste at a facility under the 
    Secretary's jurisdiction.
        ``(2) Definition.--In this subsection, the term `Indian tribe' 
    has the meaning given such term in section 101(36) of the 
    Comprehensive Environmental Response, Compensation, and Liability 
    Act of 1980 (42 U.S.C. 9601(36)).''
    Subsec. (i)(1). Pub. L. 104-106, Sec. 4321(b)(22), substituted 
``Miller Act (40 U.S.C. 270a et seq.)'' for ``Act of August 24, 1935 (40 
U.S.C. 270a-270d), commonly referred to as the `Miller Act','' and ``the 
Miller Act'' for ``such Act of August 24, 1935''.
    1994--Subsec. (d). Pub. L. 103-337, Sec. 322(1), as amended by Pub. 
L. 104-106, Sec. 1504(a)(1), designated existing provisions as par. (1) 
and inserted par. (1) heading.
    Subsec. (d)(1). Pub. L. 103-337, Sec. 322(2), inserted ``or any 
Indian tribe'' after ``any State or local government agency''.
    Subsec. (d)(2). Pub. L. 103-337, Sec. 322(3), added par. (2).
    Subsec. (j)(1). Pub. L. 103-337, Sec. 323, substituted ``December 
31, 1999'' for ``December 31, 1995''.
    1993--Subsec. (j)(2). Pub. L. 103-35 substituted ``(42 U.S.C. 
9619(g)) applies'' for ``applies (42 U.S.C. 9619(g))''.
    1992--Subsec. (j). Pub. L. 102-484, Sec. 1052(35), substituted 
``December 5, 1991,'' for ``the date of the enactment of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993'' in par. (1).
    Pub. L. 102-484, Sec. 331(b), substituted ``December 31, 1995'' for 
``December 31, 1992'', designated existing provisions as par. (1), and 
added par. (2).
    1991--Subsecs. (h) to (j). Pub. L. 102-190 added subsecs. (h) to 
(j).
    1990--Subsecs. (f), (g). Pub. L. 101-510 added subsecs. (f) and (g).


                    Effective Date of 1996 Amendment

    Section 1504(a) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Oct. 5, 1994, and as if included in 
Pub. L. 103-337 as enacted.
    For effective date and applicability of amendment by section 
4321(b)(22) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set 
out as a note under section 251 of Title 41, Public Contracts.


             Formerly Utilized Sites Remedial Action Program

    Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3138], Oct. 30, 
2000, 114 Stat. 1654, 1654A-461, provided that:
    ``(a) Contingent Limitation on Availability of Funds for Certain 
Travel Expenses.--Effective November 1, 2001, but subject to subsection 
(b), no funds authorized to be appropriated or otherwise made available 
by this or any other Act for the Department of Energy or the Department 
of the Army may be obligated or expended for travel by--
        ``(1) the Secretary of Energy or any officer or employee of the 
    Office of the Secretary of Energy; or
        ``(2) the Chief of Engineers.
    ``(b) Effective Date.--The limitation in subsection (a) shall not 
take effect if before November 1, 2001, both of the following 
certifications are submitted to the congressional defense committees 
[Committees on Armed Services and Appropriations of the Senate and the 
House of Representatives]:
        ``(1) A certification by the Secretary of Energy that the 
    Department of Energy is in compliance with the requirements of 
    section 3131 of the National Defense Authorization Act for Fiscal 
    Year 2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701 note).
        ``(2) A certification by the Chief of Engineers that the Corps 
    of Engineers is in compliance with the requirements of that section.
    ``(c) Termination.--If the limitation in subsection (a) takes 
effect, the limitation shall cease to be in effect when both 
certifications referred to in subsection (b) have been submitted to the 
congressional defense committees.''
    Pub. L. 106-65, div. C, title XXXI, Sec. 3131, Oct. 5, 1999, 113 
Stat. 925, provided that: ``Notwithstanding any other provision of law, 
no funds authorized to be appropriated or otherwise made available by 
this Act [see Tables for classification], or by any Act authorizing 
appropriations for the military activities of the Department of Defense 
or the defense activities of the Department of Energy for a fiscal year 
after fiscal year 2000, may be obligated or expended to conduct 
treatment, storage, or disposal activities at any site designated as a 
site under the Formerly Utilized Site Remedial Action Program as of the 
date of the enactment of this Act [Oct. 5, 1999].''
    Pub. L. 106-60, title VI, Sec. 611, Sept. 29, 1999, 113 Stat. 502, 
provided that:
    ``(a) The Secretary of the Army, acting through the Chief of 
Engineers, in carrying out the program known as the Formerly Utilized 
Sites Remedial Action Program, shall undertake the following functions 
and activities to be performed at eligible sites where remediation has 
not been completed:
        ``(1) Sampling and assessment of contaminated areas.
        ``(2) Characterization of site conditions.
        ``(3) Determination of the nature and extent of contamination.
        ``(4) Selection of the necessary and appropriate response 
    actions as the lead Federal agency.
        ``(5) Cleanup and closeout of sites.
        ``(6) Any other functions and activities determined by the 
    Secretary of the Army, acting through the Chief of Engineers, as 
    necessary for carrying out that program, including the acquisition 
    of real estate interests where necessary, which may be transferred 
    upon completion of remediation to the administrative jurisdiction of 
    the Secretary of Energy.
    ``(b) Any response action under that program by the Secretary of the 
Army, acting through the Chief of Engineers, shall be subject to the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) (in this section referred to as `CERCLA'), 
and the National Oil and Hazardous Substances Pollution Contingency Plan 
(40 CFR 300).
    ``(c) Any sums recovered under CERCLA or other authority from a 
liable party, contractor, insurer, surety, or other person for any 
expenditures by the Army Corps of Engineers or the Department of Energy 
for response actions under that program shall be credited to the amounts 
made available to carry out that program and shall be available until 
expended for costs of response actions for any eligible site.
    ``(d) The Secretary of Energy may exercise the authority under 
section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to make 
payments in lieu of taxes for federally owned property at which 
activities under that program are carried out, regardless of which 
Federal agency has administrative jurisdiction over the property and 
notwithstanding any reference to `the activities of the Commission' in 
that section.
    ``(e) This section does not alter, curtail, or limit the 
authorities, functions, or responsibilities of other agencies under 
CERCLA or, except as stated in this section, under the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.).
    ``(f) This section shall apply to fiscal year 2000 and each 
succeeding fiscal year.''


Settlement of Claims of Foreign Governments for Environmental Cleanup of 
          Overseas Sites Formerly Used by Department of Defense

    Pub. L. 105-261, div. A, title III, Sec. 321, Oct. 17, 1998, 112 
Stat. 1962, provided that:
    ``(a) Notice of Negotiations.--The President shall notify Congress 
before entering into any negotiations for the ex-gratia settlement of 
the claims of a government of another country against the United States 
for environmental cleanup of sites in that country that were formerly 
used by the Department of Defense.
    ``(b) Authorization Required for Use of Funds for Payment of 
Settlement.--No funds may be used for any payment under an ex-gratia 
settlement of any claims described in subsection (a) unless the use of 
the funds for that purpose is specifically authorized by law or 
international agreement, including a treaty.''


Recovery and Sharing of Costs of Environmental Restoration at Department 
                            of Defense Sites

    Pub. L. 105-85, div. A, title III, Sec. 348, Nov. 18, 1997, 111 
Stat. 1689, provided that:
    ``(a) Regulations.--Not later than March 1, 1998, the Secretary of 
Defense shall prescribe regulations containing the guidelines and 
requirements described in subsections (b) and (c).
    ``(b) Guidelines.--(1) The regulations prescribed under subsection 
(a) shall contain uniform guidelines for the military departments and 
defense agencies concerning the cost-recovery and cost-sharing 
activities of those departments and agencies.
    ``(2) The Secretary shall take appropriate actions to ensure the 
implementation of the guidelines.
    ``(c) Requirements.--The regulations prescribed under subsection (a) 
shall contain requirements for the Secretaries of the military 
departments and the heads of defense agencies to--
        ``(1) obtain all data that is relevant for purposes of cost-
    recovery and cost-sharing activities; and
        ``(2) identify any negligence or other misconduct that may 
    preclude indemnification or reimbursement by the Department of 
    Defense for the costs of environmental restoration at a Department 
    site or justify the recovery or sharing of costs associated with 
    such restoration.
    ``(d) Definition.--In this section, the term `cost-recovery and 
cost-sharing activities' means activities concerning--
        ``(1) the recovery of the costs of environmental restoration at 
    Department of Defense sites from contractors of the Department and 
    other private parties that contribute to environmental contamination 
    at such sites; and
        ``(2) the sharing of the costs of such restoration with such 
    contractors and parties.''


  Pilot Program for Sale of Air Pollution Emission Reduction Incentives

    Pub. L. 105-85, div. A, title III, Sec. 351, Nov. 18, 1997, 111 
Stat. 1692, as amended by Pub. L. 106-65, div. A, title III, Sec. 325, 
Oct. 5, 1999, 113 Stat. 563, provided that:
    ``(a) Authority.--(1) The Secretary of Defense may, in consultation 
with the Administrator of General Services, carry out a pilot program to 
assess the feasibility and advisability of the sale of economic 
incentives for the reduction of emission of air pollutants attributable 
to a facility of a military department.
    ``(2) The Secretary may not carry out the pilot program after 
September 30, 2001.
    ``(b) Incentives Available for Sale.--(1) Under the pilot program, 
the Secretary may sell economic incentives for the reduction of emission 
of air pollutants attributable to a facility of a military department 
only if such incentives are not otherwise required for the activities or 
operations of the military department.
    ``(2) The Secretary may not, under the pilot program, sell economic 
incentives attributable to the closure or realignment of a military 
installation under a base closure law.
    ``(3) If the Secretary determines that additional sales of economic 
incentives are likely to result in amounts available for allocation 
under subsection (c)(2) in a fiscal year in excess of the limitation set 
forth in subparagraph (B) of that subsection, the Secretary shall not 
carry out such additional sales in that fiscal year.
    ``(c) Use of Proceeds.--(1) The proceeds of sale of economic 
incentives attributable to a facility of a military department shall be 
credited to the funds available to the facility for the costs of 
identifying, quantifying, or valuing economic incentives for the 
reduction of emission of air pollutants. The amount credited shall be 
equal to the cost incurred in identifying, quantifying, or valuing the 
economic incentives sold.
    ``(2)(A)(i) If after crediting under paragraph (1) a balance 
remains, the amount of such balance shall be available to the Department 
of Defense for allocation by the Secretary to the military departments 
for programs, projects, and activities necessary for compliance with 
Federal environmental laws, including the purchase of economic 
incentives for the reduction of emission of air pollutants.
    ``(ii) To the extent practicable, amounts allocated to the military 
departments under this subparagraph shall be made available to the 
facilities that generated the economic incentives providing the basis 
for the amounts.
    ``(B) The total amount allocated under this paragraph in a fiscal 
year from sales of economic incentives may not equal or exceed $500,000.
    ``(3) If after crediting under paragraph (1) a balance remains in 
excess of an amount equal to the limitation set forth in paragraph 
(2)(B), the amount of the excess shall be covered over into the Treasury 
as miscellaneous receipts.
    ``(4) Funds credited under paragraph (1) or allocated under 
paragraph (2) shall be merged with the funds to which credited or 
allocated, as the case may be, and shall be available for the same 
purposes and for the same period as the funds with which merged.
    ``(d) Definitions.--In this section:
        ``(1) The term `base closure law' means the following:
            ``(A) Section 2687 of title 10, United States Code.
            ``(B) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            ``(C) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
        ``(2) The term `economic incentives for the reduction of 
    emission of air pollutants' means any transferable economic 
    incentives (including marketable permits and emission rights) 
    necessary or appropriate to meet air quality requirements under the 
    Clean Air Act (42 U.S.C. 7401 et seq.).''


     Authority To Develop and Implement Land Use Plans for Defense 
                    Environmental Restoration Program

    Section 325 of Pub. L. 104-201 provided that:
    ``(a) Authority.--The Secretary of Defense may, to the extent 
possible and practical, develop and implement, as part of the Defense 
Environmental Restoration Program provided for in chapter 160 of title 
10, United States Code, a land use plan for any defense site selected by 
the Secretary under subsection (b).
    ``(b) Selection of Sites.--The Secretary may select up to 10 defense 
sites, from among sites where the Secretary is planning or implementing 
environmental restoration activities, for which land use plans may be 
developed under this section.
    ``(c) Requirement To Consult With Review Committee or Advisory 
Board.--In developing a land use plan under this section, the Secretary 
shall consult with a technical review committee established pursuant to 
section 2705(c) of title 10, United States Code, a restoration advisory 
board established pursuant to section 2705(d) of such title, a local 
land use redevelopment authority, or another appropriate State agency.
    ``(d) 50-Year Planning Period.--A land use plan developed under this 
section shall cover a period of at least 50 years.
    ``(e) Implementation.--For each defense site for which the Secretary 
develops a land use plan under this section, the Secretary shall take 
into account the land use plan in selecting and implementing, in 
accordance with applicable law, environmental restoration activities at 
the site.
    ``(f) Deadlines.--For each defense site for which the Secretary 
intends to develop a land use plan under this section, the Secretary 
shall develop a draft land use plan by October 1, 1997, and a final land 
use plan by March 15, 1998.
    ``(g) Definition of Defense Site.--For purposes of this section, the 
term `defense site' means (A) any building, structure, installation, 
equipment, pipe or pipeline (including any pipe into a sewer or publicly 
owned treatment works), well, pit, pond, lagoon, impoundment, ditch, 
landfill, storage container, motor vehicle, rolling stock, or aircraft 
under the jurisdiction of the Department of Defense, or (B) any site or 
area under the jurisdiction of the Department of Defense where a 
hazardous substance has been deposited, stored, disposed of, or placed, 
or otherwise come to be located; but does not include any consumer 
product in consumer use or any vessel.
    ``(h) Report.--In the annual report required under section 2706(a) 
of title 10, United States Code, the Secretary shall include information 
on the land use plans developed under this section and the effect such 
plans have had on environmental restoration activities at the defense 
sites where they have been implemented. The annual report submitted in 
1999 shall include recommendations on whether such land use plans should 
be developed and implemented throughout the Department of Defense.
    ``(i) Savings Provisions.--(1) Nothing in this section, or in a land 
use plan developed under this section with respect to a defense site, 
shall be construed as requiring any modification to a land use plan that 
was developed before the date of the enactment of this Act [Sept. 23, 
1996].
    ``(2) Nothing in this section may be construed to affect statutory 
requirements for an environmental restoration or waste management 
activity or project or to modify or otherwise affect applicable 
statutory or regulatory environmental restoration and waste management 
requirements, including substantive standards intended to protect public 
health and the environment, nor shall anything in this section be 
construed to preempt or impair any local land use planning or zoning 
authority or State authority.''


  Fiscal Year 1996 Restrictions on Reimbursements Under Agreements for 
                       Services of Other Agencies

    Section 321(a)(2) of Pub. L. 104-106, as amended by Pub. L. 105-85, 
div. A, title X, Sec. 1073(d)(1)(A), Nov. 18, 1997, 111 Stat. 1905, 
provided that:
    ``(A) Except as provided in subparagraph (B), the total amount of 
funds available for reimbursements under agreements entered into under 
section 2701(d) of title 10, United States Code, as amended by paragraph 
(1), in fiscal year 1996 may not exceed $10,000,000.
    ``(B) The Secretary of Defense may pay in fiscal year 1996 an amount 
for reimbursements under agreements referred to in subparagraph (A) in 
excess of the amount specified in that subparagraph for that fiscal year 
if--
        ``(i) the Secretary certifies to Congress that the payment of 
    the amount under this subparagraph is essential for the management 
    of the Defense Environmental Restoration Program under chapter 160 
    of title 10, United States Code; and
        ``(ii) a period of 60 days has expired after the date on which 
    the certification is received by Congress.''


   Environmental Education and Training Program for Defense Personnel

    Section 328 of Pub. L. 103-337 provided that:
    ``(a) Establishment.--The Secretary of Defense shall establish and 
conduct an education and training program for members of the Armed 
Forces and civilian employees of the Department of Defense whose 
responsibilities include planning or executing the environmental mission 
of the Department. The Secretary shall conduct the program to ensure 
that such members and employees obtain and maintain the knowledge and 
skill required to comply with existing environmental laws and 
regulations.
    ``(b) Identification of Military Facilities With Environmental 
Training Expertise.--As part of the program, the Secretary may identify 
military facilities that have existing expertise (or the capacity to 
develop such expertise) in conducting education and training activities 
in various environmental disciplines. In the case of a military facility 
identified under this subsection, the Secretary should encourage the use 
of the facility by members and employees referred to in subsection (a) 
who are not under the jurisdiction of the military department operating 
the facility.''


  Grants to Institutions of Higher Education To Provide Education and 
Training in Environmental Restoration to Dislocated Defense Workers and 
                              Young Adults

    Pub. L. 103-160, div. A, title XIII, Sec. 1333, Nov. 30, 1993, 107 
Stat. 1798, as amended by Pub. L. 103-337, div. A, title X, 
Sec. 1070(b)(11), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105-244, title 
I, Sec. 102(a)(2)(D), Oct. 7, 1998, 112 Stat. 1617; Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 405(d)(8), (f)(7)], Oct. 21, 1998, 
112 Stat. 2681-337, 2681-420, 2681-430, provided that:
    ``(a) Grant Program Authorized.--(1) The Secretary of Defense may 
establish a program to provide demonstration grants to institutions of 
higher education to assist such institutions in providing education and 
training in environmental restoration and hazardous waste management to 
eligible dislocated defense workers and young adults described in 
subsection (d). The Secretary shall award the grants pursuant to a 
merit-based selection process.
    ``(2) A grant provided under this subsection may cover a period of 
not more than three fiscal years, except that the payments under the 
grant for the second and third fiscal year shall be subject to the 
approval of the Secretary and to the availability of appropriations to 
carry out this section in that fiscal year.
    ``(b) Application.--To be eligible for a grant under subsection (a), 
an institution of higher education shall submit an application to the 
Secretary at such time, in such form, and containing such information as 
the Secretary may require. The application shall include the following:
        ``(1) An assurance by the institution of higher education that 
    it will use the grant to supplement and not supplant non-Federal 
    funds that would otherwise be available for the education and 
    training activities funded by the grant.
        ``(2) A proposal by the institution of higher education to 
    provide expertise, training, and education in hazardous materials 
    and waste management and other environmental fields applicable to 
    defense manufacturing sites and Department of Defense and Department 
    of Energy defense facilities.
    ``(c) Use of Grant Funds.--(1) An institution of higher education 
receiving a grant under subsection (a) shall use the grant to establish 
a consortium consisting of the institution and one or more of each of 
the entities described in paragraph (2) for the purpose of establishing 
and conducting a program to provide education and training in 
environmental restoration and waste management to eligible individuals 
described in subsection (d). To the extent practicable, the Secretary 
shall authorize the consortium to use a military installation closed or 
selected to be closed under a base closure law in providing on-site 
basic skills training to participants in the program.
    ``(2) The entities referred to in paragraph (1) are the following:
        ``(A) Appropriate State and local agencies.
        ``(B) local [sic] workforce investment boards established under 
    section 117 of the Workforce Investment Act of 1998 [29 U.S.C. 
    2832].
        ``(C) Community-based organizations (as defined in section 4(5) 
    of such Act (29 U.S.C. 1503(5)).
        ``(D) Businesses.
        ``(E) Organized labor.
        ``(F) Other appropriate educational institutions.
    ``(d) Eligible Individuals.--A program established or conducted 
using funds provided under subsection (a) may provide education and 
training in environmental restoration and waste management to--
        ``(1) individuals who have been terminated or laid off from 
    employment (or have received notice of termination or lay off) as a 
    consequence of reductions in expenditures by the United States for 
    defense, the cancellation, termination, or completion of a defense 
    contract, or the closure or realignment of a military installation 
    under a base closure law, as determined in accordance with 
    regulations prescribed by the Secretary; or
        ``(2) individuals who have attained the age of 16 but not the 
    age of 25.
    ``(e) Elements of Education and Training Program.--In establishing 
or conducting an education and training program using funds provided 
under subsection (a), the institution of higher education shall meet the 
following requirements:
        ``(1) The institution of higher education shall establish and 
    provide a work-based learning system consisting of education and 
    training in environmental restoration--
            ``(A) which may include basic educational courses, on-site 
        basic skills training, and mentor assistance to individuals 
        described in subsection (d) who are participating in the 
        program; and
            ``(B) which may lead to the awarding of a certificate or 
        degree at the institution of higher education.
        ``(2) The institution of higher education shall undertake 
    outreach and recruitment efforts to encourage participation by 
    eligible individuals in the education and training program.
        ``(3) The institution of higher education shall select 
    participants for the education and training program from among 
    eligible individuals described in paragraph (1) or (2) of subsection 
    (d).
        ``(4) To the extent practicable, in the selection of young 
    adults described in subsection (d)(2) to participate in the 
    education and training program, the institution of higher education 
    shall give priority to those young adults who--
            ``(A) have not attended and are otherwise unlikely to be 
        able to attend an institution of higher education; or
            ``(B) have, or are members of families who have, received a 
        total family income that, in relation to family size, is not in 
        excess of the higher of--
                ``(i) the official poverty line (as defined by the 
            Office of Management and Budget, and revised annually in 
            accordance with section 673(2) of the Omnibus Budget 
            Reconciliation Act of 1981 (42 U.S.C. 9902(2))); or
                ``(ii) 70 percent of the lower living standard income 
            level.
        ``(5) To the extent practicable, the institution of higher 
    education shall select instructors for the education and training 
    program from institutions of higher education, appropriate community 
    programs, and industry and labor.
        ``(6) To the extent practicable, the institution of higher 
    education shall consult with appropriate Federal, State, and local 
    agencies carrying out environmental restoration programs for the 
    purpose of achieving coordination between such programs and the 
    education and training program conducted by the consortium.
    ``(f) Selection of Grant Recipients.--To the extent practicable, the 
Secretary shall provide grants to institutions of higher education under 
subsection (a) in a manner which will equitably distribute such grants 
among the various regions of the United States.
    ``(g) Limitation on Amount of Grant to a Single Recipient.--The 
amount of a grant under subsection (a) that may be made to a single 
institution of higher education in a fiscal year may not exceed \1/3\ of 
the amount made available to provide grants under such subsection for 
that fiscal year.
    ``(h) Reporting Requirements.--(1) The Secretary may provide a grant 
to an institution of higher education under subsection (a) only if the 
institution agrees to submit to the Secretary, in each fiscal year in 
which the Secretary makes payments under the grant to the institution, a 
report containing--
        ``(A) a description and evaluation of the education and training 
    program established by the consortium formed by the institution 
    under subsection (c); and
        ``(B) such other information as the Secretary may reasonably 
    require.
    ``(2) Not later than 18 months after the date of the enactment of 
this Act [Nov. 30, 1993], the Secretary shall submit to the President 
and Congress an interim report containing--
        ``(A) a compilation of the information contained in the reports 
    received by the Secretary from each institution of higher education 
    under paragraph (1); and
        ``(B) an evaluation of the effectiveness of the demonstration 
    grant program authorized by this section.
    ``(3) Not later than January 1, 1997, the Secretary shall submit to 
the President and Congress a final report containing--
        ``(A) a compilation of the information described in the interim 
    report; and
        ``(B) a final evaluation of the effectiveness of the 
    demonstration grant program authorized by this section, including a 
    recommendation as to the feasibility of continuing the program.
    ``(i) Definitions.--For purposes of this section:
        ``(1) Base closure law.--The term `base closure law' means the 
    following:
            ``(A) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            ``(B) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            ``(C) Section 2687 of title 10, United States Code.
            ``(D) Any other similar law enacted after the date of the 
        enactment of this Act [Nov. 30, 1993].
        ``(2) Environmental restoration.--The term `environmental 
    restoration' means actions taken consistent with a permanent remedy 
    to prevent or minimize the release of hazardous substances into the 
    environment so that such substances do not migrate to cause 
    substantial danger to present or future public health or welfare or 
    the environment.
        ``(3) Institution of higher education.--The term `institution of 
    higher education' has the meaning given such term in section 101 of 
    the Higher Education Act of 1965 [20 U.S.C. 1001].
        ``(4) Secretary.--The term `Secretary' means the Secretary of 
    Defense.
    ``(j) Conforming Repeal.--Section 4452 of the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992 (division D of 
Public Law 102-484; 10 U.S.C. 2701 note) is repealed.''


              Environmental Education Opportunities Program

    Pub. L. 103-160, div. A, title XIII, Sec. 1334, Nov. 30, 1993, 107 
Stat. 1801, as amended by Pub. L. 105-244, title I, Sec. 102(a)(2)(E), 
Oct. 7, 1998, 112 Stat. 1617, provided that:
    ``(a) Authority.--The Secretary of Defense, in consultation with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency, may establish a scholarship program in order to 
enable eligible individuals described in subsection (d) to undertake the 
educational training or activities relating to environmental 
engineering, environmental sciences, or environmental project management 
in fields related to hazardous waste management and cleanup described in 
subsection (b) at the institutions of higher education described in 
subsection (c).
    ``(b) Educational Training or Activities.--(1) The program 
established under subsection (a) shall be limited to educational 
training or activities related to--
        ``(A) site remediation;
        ``(B) site characterization;
        ``(C) hazardous waste management;
        ``(D) hazardous waste reduction;
        ``(E) recycling;
        ``(F) process and materials engineering;
        ``(G) training for positions related to environmental 
    engineering, environmental sciences, or environmental project 
    management (including training for management positions); and
        ``(H) environmental engineering with respect to the construction 
    of facilities to address the items described in subparagraphs (A) 
    through (G).
    ``(2) The program established under subsection (a) shall be limited 
to educational training or activities designed to enable individuals to 
achieve specialization in the following fields:
        ``(A) Earth sciences.
        ``(B) Chemistry.
        ``(C) Chemical Engineering.
        ``(D) Environmental engineering.
        ``(E) Statistics.
        ``(F) Toxicology.
        ``(G) Industrial hygiene.
        ``(H) Health physics.
        ``(I) Environmental project management.
    ``(c) Eligible Institutions of Higher Education.--Scholarship funds 
awarded under this section shall be used by individuals awarded 
scholarships to enable such individuals to attend institutions of higher 
education associated with hazardous substance research centers to enable 
such individuals to undertake a program of educational training or 
activities described in subsection (b) that leads to an undergraduate 
degree, a graduate degree, or a degree or certificate that is 
supplemental to an academic degree.
    ``(d) Eligible Individuals.--Individuals eligible for scholarships 
under the program established under subsection (a) are the following:
        ``(1) Any member of the Armed Forces who--
            ``(A) was on active duty or full-time National Guard duty on 
        September 30, 1990;
            ``(B) during the 5-year period beginning on that date--
                ``(i) is involuntarily separated (as defined in section 
            1141 of title 10, United States Code) from active duty or 
            full-time National Guard duty; or
                ``(ii) is separated from active duty or full-time 
            National Guard duty pursuant to a special separation 
            benefits program under section 1174a of title 10, United 
            States Code, or the voluntary separation incentive program 
            under section 1175 of that title; and
            ``(C) is not entitled to retired or retainer pay incident to 
        that separation.
        ``(2) Any civilian employee of the Department of Energy or the 
    Department of Defense (other than an employee referred to in 
    paragraph (3)) who--
            ``(A) is terminated or laid off from such employment during 
        the five-year period beginning on September 30, 1990, as a 
        result of reductions in defense-related spending (as determined 
        by the appropriate Secretary); and
            ``(B) is not entitled to retired or retainer pay incident to 
        that termination or lay off.
        ``(3) Any civilian employee of the Department of Defense whose 
    employment at a military installation approved for closure or 
    realignment under a base closure law is terminated as a result of 
    such closure or realignment.
    ``(e) Award of Scholarship.--(1)(A) The Secretary of Defense shall 
award scholarships under this section to such eligible individuals as 
the Secretary determines appropriate pursuant to regulations or policies 
promulgated by the Secretary.
    ``(B) In awarding a scholarship under this section, the Secretary 
shall--
        ``(i) take into consideration the extent to which the 
    qualifications and experience of the individual applying for the 
    scholarship prepared such individual for the educational training or 
    activities to be undertaken; and
        ``(ii) award a scholarship only to an eligible individual who 
    has been accepted for enrollment in the institution of higher 
    education described in subsection (c) and providing the educational 
    training or activities for which the scholarship assistance is 
    sought.
    ``(2) The Secretary of Defense shall determine the amount of the 
scholarships awarded under this section, except that the amount of 
scholarship assistance awarded to any individual under this section may 
not exceed--
        ``(A) $10,000 in any 12-month period; and
        ``(B) a total of $20,000.
    ``(f) Application; Period for Submission.--(1) Each individual 
desiring a scholarship under this section shall submit an application to 
the Secretary of Defense in such manner and containing or accompanied by 
such information as the Secretary may reasonably require.
    ``(2) A member of the Armed Forces described in subsection (d)(1) 
who desires to apply for a scholarship under this section shall submit 
an application under this subsection not later than 180 days after the 
date of the separation of the member. In the case of members described 
in subsection (d)(1) who were separated before the date of the enactment 
of this Act [Nov. 30, 1993], the Secretary shall accept applications 
from these members submitted during the 180-day period beginning on the 
date of the enactment of this Act.
    ``(3) A civilian employee described in paragraph (2) or (3) of 
subsection (d) who desires to apply for a scholarship under this 
section, but who receives no prior notice of such termination or lay 
off, may submit an application under this subsection at any time after 
such termination or lay off. A civilian employee described in paragraph 
(1) or (2) of subsection (d) who receives a notice of termination or lay 
off shall submit an application not later than 180 days before the 
effective date of the termination or lay off. In the case of employees 
described in such paragraphs who were terminated or laid off before the 
date of the enactment of this Act [Nov. 30, 1993], the Secretary shall 
accept applications from these employees submitted during the 180-day 
period beginning on the date of the enactment of this Act.
    ``(g) Repayment.--(1) Any individual receiving scholarship 
assistance from the Secretary of Defense under this section shall enter 
into an agreement with the Secretary under which the individual agrees 
to pay to the United States the total amount of the scholarship 
assistance provided to the individual by the Secretary under this 
section, plus interest at the rate prescribed in paragraph (4), if the 
individual does not complete the educational training or activities for 
which such assistance is provided.
    ``(2) If an individual fails to pay to the United States the total 
amount required pursuant to paragraph (1), including the interest, at 
the rate prescribed in paragraph (4), the unpaid amount shall be 
recoverable by the United States from the individual or such 
individual's estate by--
        ``(A) in the case of an individual who is an employee of the 
    United States, set off against accrued pay, compensation, amount of 
    retirement credit, or other amount due the employee from the United 
    States; and
        ``(B) such other method as is provided by law for the recovery 
    of amounts owing to the United States.
    ``(3) The Secretary of Defense may waive in whole or in part a 
required repayment under this subsection if the Secretary determines 
that the recovery would be against equity and good conscience or would 
be contrary to the best interests of the United States.
    ``(4) The total amount of scholarship assistance provided to an 
individual under this section, for purposes of repayment under this 
subsection, shall bear interest at the applicable rate of interest under 
section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 
1077a(c)).
    ``(h) Coordination of Benefits.--Any scholarship assistance provided 
to an individual under this section shall be taken into account in 
determining the eligibility of the individual for Federal student 
financial assistance provided under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq. [and 42 U.S.C. 2751 et seq.]).
    ``(i) Report to Congress.--Not later than January 1, 1995, the 
Secretary of Defense, in consultation with the Secretary of Energy and 
the Administrator of the Environmental Protection Agency, shall submit 
to the Congress a report describing the activities undertaken under the 
program authorized by subsection (a) and containing recommendations for 
future activities under the program.
    ``(j) Funding.--(1) To carry out the scholarship program authorized 
by subsection (a), the Secretary of Defense may use the unobligated 
balance of funds made available pursuant to section 4451(k) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 2701 note) for fiscal year 1993 for environmental 
scholarship and fellowship programs for the Department of Defense.
    ``(2) The cost of carrying out the program authorized by subsection 
(a) may not exceed $8,000,000 in any fiscal year.
    ``(k) Definitions.--For purposes of this section:
        ``(1) The term `base closure law' means the following:
            ``(A) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            ``(B) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
        ``(2) The term `hazardous substance research centers' means the 
    hazardous substance research centers described in section 311(d) of 
    the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 (42 U.S.C. 9660(d)). Such term includes the 
    Great Plains and Rocky Mountain Hazardous Substance Research Center, 
    the Northeast Hazardous Substance Research Center, the Great Lakes 
    and Mid-Atlantic Hazardous Substance Research Center, the South and 
    Southwest Hazardous Substance Research Center, and the Western 
    Region Hazardous Substance Research Center.
        ``(3) The term `institution of higher education' has the same 
    meaning given such term in section 101 of the Higher Education Act 
    of 1965 [20 U.S.C. 1001].''


Training and Employment of Department of Defense Employees To Carry Out 
    Environmental Restoration at Military Installations To Be Closed

    Pub. L. 103-160, div. A, title XIII, Sec. 1335, Nov. 30, 1993, 107 
Stat. 1804, provided that:
    ``(a) Training Program.--The Secretary of Defense may establish a 
program to provide such training to eligible civilian employees of the 
Department of Defense as the Secretary considers to be necessary to 
qualify such employees to carry out environmental assessment, 
remediation, and restoration activities (including asbestos abatement) 
at military installations closed or to be closed.
    ``(b) Employment of Graduates.--In the case of eligible civilian 
employees of the Department of Defense who successfully complete the 
training program established pursuant to subsection (a), the Secretary 
may--
        ``(1) employ such employees to carry out environmental 
    assessment, remediation, and restoration activities at military 
    installations referred to in subsection (a); or
        ``(2) require, as a condition of a contract for the private 
    performance of such activities at such an installation, the 
    contractor to be engaged in carrying out such activities to employ 
    such employees.
    ``(c) Eligible Employees.--Eligibility for selection to participate 
in the training program under subsection (a) shall be limited to those 
civilian employees of the Department of Defense whose employment would 
be terminated by reason of the closure of a military installation if not 
for the selection of the employees to participate in the training 
program.
    ``(d) Priority in Training and Employment.--The Secretary shall give 
priority in providing training and employment under this section to 
eligible civilian employees employed at a military installation the 
closure of which will directly result in the termination of the 
employment of at least 1,000 civilian employees of the Department of 
Defense.
    ``(e) Effect on Other Environmental Requirements.--Nothing in this 
section shall be construed to revise or modify any requirement 
established under Federal or State law relating to environmental 
assessment, remediation, or restoration activities at military 
installations closed or to be closed.''


     Cooperative Agreements and Grants To Implement Legacy Resource 
                           Management Program

    Pub. L. 103-139, title II, Nov. 11, 1993, 107 Stat. 1422, provided 
in part: ``That notwithstanding the provisions of the Federal 
Cooperative Grant and Agreement Act of 1977 (31 U.S.C. 6303-6308), the 
Department of Defense may hereafter negotiate and enter into cooperative 
agreements and grants with public and private agencies, organizations, 
institutions, individuals or other entities to implement the purposes of 
the Legacy Resource Management Program''.


       Pilot Program for Expedited Environmental Response Actions

    Section 323 of Pub. L. 102-484 provided that:
    ``(a) Establishment.--The Secretary of Defense shall establish a 
pilot program to expedite the performance of on-site environmental 
restoration at--
        ``(1) military installations scheduled for closure under title 
    II of the Defense Authorization Amendments and Base Closure and 
    Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
        ``(2) military installations scheduled for closure under the 
    Defense Base Closure and Realignment Act of 1990 (part A of title 
    XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
        ``(3) facilities for which the Secretary is responsible under 
    the Defense Environmental Restoration Program established under 
    section 2701 of title 10, United States Code.
    ``(b) Selection of Installations and Facilities.--(1) For 
participation in the pilot program, the Secretary shall select--
        ``(A) 2 military installations referred to in subsection (a)(1);
        ``(B) 4 military installations referred to in subsection (a)(2), 
    consisting of--
            ``(i) 2 military installations scheduled for closure as of 
        the date of the enactment of this Act [Oct. 23, 1992]; and
            ``(ii) 2 military installations included in the list 
        transmitted by the Secretary no later than April 15, 1993, 
        pursuant to section 2903(c)(1) of the Defense Base Closure and 
        Realignment Act of 1990 [Pub. L. 101-510] (10 U.S.C. 2687 note) 
        and recommended in a report transmitted by the President in that 
        year pursuant to section 2903(e) of such Act and for which a 
        joint resolution disapproving such recommendations is not 
        enacted by the deadline set forth in section 2904(b) of such Act 
        [10 U.S.C. 2687 note]; and
        ``(C) not less than 4 facilities referred to in subsection 
    (a)(3) with respect to each military department.
    ``(2)(A) Except as provided in subparagraph (B), the selections 
under paragraph (1) shall be made not later than 60 days after the date 
of the enactment of this Act.
    ``(B) The selections under paragraph (1) of military installations 
described in subparagraph (B)(ii) of such paragraph shall be made not 
later than 60 days after the date on which the deadline (set forth in 
section 2904(b) of such Act) for enacting a joint resolution of 
disapproval with respect to the report transmitted by the President has 
passed.
    ``(3) The installations and facilities selected under paragraph (1) 
shall be representative of--
        ``(A) a variety of the environmental restoration activities 
    required for facilities under the Defense Environmental Restoration 
    Program and for military installations scheduled for closure under 
    the Defense Authorization Amendments and Base Closure and 
    Realignment Act (10 U.S.C. 2687 note) [see Short Title of 1988 
    Amendment note under 10 U.S.C. 2687] and the Defense Base Closure 
    and Realignment Act of 1990 (10 U.S.C. 2687 note); and
        ``(B) the different sizes of such environmental restoration 
    activities to provide, to the maximum extent practicable, 
    opportunities for the full range of business sizes to enter into 
    environmental restoration contracts with the Department of Defense 
    and with prime contractors to perform activities under the pilot 
    program.
    ``(c) Execution of Program.--Subject to subsection (d), and to the 
maximum extent possible, the Secretary shall, in order to eliminate 
redundant tasks and to accelerate environmental restoration at military 
installations, use the authorities granted in existing law to carry out 
the pilot program, including--
        ``(1) the development and use of innovative contracting 
    techniques;
        ``(2) the use of all reasonable and appropriate methods to 
    expedite necessary Federal and State administrative decisions, 
    agreements, and concurrences; and
        ``(3) the use (including any necessary request for the use) of 
    existing authorities to ensure that environmental restoration 
    activities under the pilot program are conducted expeditiously, with 
    particular emphasis on activities that may be conducted in advance 
    of any final plan for environmental restoration.
    ``(d) Program Principles.--The Secretary shall carry out the pilot 
program consistent with the following principles:
        ``(1) Activities of the pilot program shall be carried out 
    subject to and in accordance with all applicable Federal and State 
    laws and regulations.
        ``(2) Competitive procedures shall be used to select the 
    contractors.
        ``(3) The experience and ability of the contractors shall be 
    considered, in addition to cost, as a factor to be evaluated in the 
    selection of the contractors.
    ``(e) Program Restrictions.--The pilot program established in this 
section shall not result in the delay of environmental restoration 
activities at other military installations and former sites of the 
Department of Defense.''


                   Overseas Environmental Restoration

    Section 324 of Pub. L. 102-484 provided that:
    ``(a) Sense of Congress.--It is the sense of the Congress that in 
carrying out environmental restoration activities at military 
installations outside the United States, the President should seek to 
obtain an equitable division of the costs of environmental restoration 
with the nation in which the installation is located.
    ``(b) Report.--The Secretary of Defense shall include in each Report 
on Allied Contributions to the Common Defense prepared under section 
1003 of Public Law 98-525 (22 U.S.C. 1928 [note]) information, in 
classified and unclassified form, describing the efforts undertaken and 
the progress made by the President in carrying out subsection (a) during 
the period covered by the report.''


  Environmental Scholarship and Fellowship Programs for Department of 
                                 Defense

    Section 4451 of Pub. L. 102-484, as amended by Pub. L. 105-244, 
title I, Sec. 102(a)(2)(F), Oct. 7, 1998, 112 Stat. 1617, provided that:
    ``(a) Establishment.--The Secretary of Defense (hereinafter in this 
section referred to as the `Secretary') may conduct scholarship and 
fellowship programs for the purpose of enabling individuals to qualify 
for employment in the field of environmental restoration or other 
environmental programs in the Department of Defense.
    ``(b) Eligibility.--To be eligible to participate in the scholarship 
or fellowship program, an individual must--
        ``(1) be accepted for enrollment or be currently enrolled as a 
    full-time student at an institution of higher education (as defined 
    in section 101 of the Higher Education Act of 1965 [20 U.S.C. 
    1001]);
        ``(2) be pursuing a program of education that leads to an 
    appropriate higher education degree in engineering, biology, 
    chemistry, or another qualifying field related to environmental 
    activities, as determined by the Secretary;
        ``(3) sign an agreement described in subsection (c);
        ``(4) be a citizen or national of the United States or be an 
    alien lawfully admitted to the United States for permanent 
    residence; and
        ``(5) meet any other requirements prescribed by the Secretary.
    ``(c) Agreement.--An agreement between the Secretary and an 
individual participating in a scholarship or fellowship established in 
subsection (a) shall be in writing, shall be signed by the individual, 
and shall include the following provisions:
        ``(1) The agreement of the Secretary to provide the individual 
    with educational assistance for a specified number of school years 
    (not to exceed 5 years) during which the individual is pursuing a 
    course of education in a qualifying field. The assistance may 
    include payment of tuition, fees, books, laboratory expenses, and 
    (in the case of a fellowship) a stipend.
        ``(2) The agreement of the individual to perform the following:
            ``(A) Accept such educational assistance.
            ``(B) Maintain enrollment and attendance in the educational 
        program until completed.
            ``(C) Maintain, while enrolled in the educational program, 
        satisfactory academic progress as prescribed by the institution 
        of higher education in which the individual is enrolled.
            ``(D) Serve, upon completion of the educational program and 
        selection by the Secretary under subsection (e), as a full-time 
        employee in an environmental restoration or other environmental 
        position in the Department of Defense for the applicable period 
        of service specified in subsection (d).
    ``(d) Period of Service.--The period of service required under 
subsection (c)(2)(D) is as follows:
        ``(1) For an individual who completes a bachelor's degree under 
    a scholarship program established under subsection (a), a period of 
    12 months for each school year or part thereof for which the 
    individual is provided a scholarship under the program.
        ``(2) For an individual who completes a master's degree or other 
    post-graduate degree under a fellowship program established under 
    subsection (a), a period of 24 months for each school year or part 
    thereof for which the individual is provided a fellowship under the 
    program.
    ``(e) Selection for Service.--The Secretary shall annually review 
the number and performance under the agreement of individuals who 
complete educational programs during the preceding year under any 
scholarship and fellowship programs conducted pursuant to subsection 
(a). From among such individuals, the Secretary shall select individuals 
for environmental positions in the Department of Defense, based on the 
type and availability of such positions.
    ``(f) Repayment.--(1) Any individual participating in a scholarship 
or fellowship program under this section shall agree to pay to the 
United States the total amount of educational assistance provided to the 
individual under the program, plus interest at the rate prescribed in 
paragraph (4), if--
        ``(A) the individual does not complete the educational program 
    as agreed to pursuant to subsection (c)(2)(B), or is selected by the 
    Secretary under subsection (e) but declines to serve, or fails to 
    complete the service, in a position in the Department of Defense as 
    agreed to pursuant to subsection (c)(2)(D); or
        ``(B) the individual is involuntarily separated for cause from 
    the Department of Defense before the end of the period for which the 
    individual has agreed to continue in the service of the Department 
    of Defense.
    ``(2) If an individual fails to fulfill the agreement of the 
individual to pay to the United States the total amount of educational 
assistance provided under a program established under subsection (a), 
plus interest at the rate prescribed in paragraph (4), a sum equal to 
the amount of the educational assistance (plus such interest, if 
applicable) shall be recoverable by the United States from the 
individual or his estate by--
        ``(A) in the case of an individual who is an employee of the 
    Department of Defense or other Federal agency, set off against 
    accrued pay, compensation, amount of retirement credit, or other 
    amount due the employee from the United States; and
        ``(B) such other method provided by law for the recovery of 
    amounts owing to the United States.
    ``(3) The Secretary may waive in whole or in part a required 
repayment under this subsection if the Secretary determines the recovery 
would be against equity and good conscience or would be contrary to the 
best interests of the United States.
    ``(4) The total amount of educational assistance provided to an 
individual under a program established under subsection (a) shall, for 
purposes of repayment under this section, bear interest at the 
applicable rate of interest under section 427A(c) of the Higher 
Education Act of 1965 (20 U.S.C. 1077a(c)).
    ``(g) Preference.--In evaluating applicants for the award of a 
scholarship or fellowship under a program established under subsection 
(a), the Secretary shall give a preference to--
        ``(1) individuals who are, or have been, employed by the 
    Department of Defense or its contractors and subcontractors who have 
    been engaged in defense-related activities; and
        ``(2) individuals who are or have been members of the Armed 
    Forces.
    ``(h) Coordination of Benefits.--A scholarship or fellowship awarded 
under this section shall be taken into account in determining the 
eligibility of the individual for Federal student financial assistance 
provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.).
    ``(i) Award of Scholarships and Fellowships.--The Secretary may 
award to qualified applicants not more than 100 scholarships (for 
undergraduate students) and not more than 30 fellowships (for graduate 
students) in fiscal year 1993.
    ``(j) Report to Congress.--Not later than January 1, 1994, the 
Secretary shall submit to the Congress a report on activities undertaken 
under the programs established under subsection (a) and recommendations 
for future activities under the programs.
    ``(k) Funding for Fiscal Year 1993.--Of the amount authorized to be 
appropriated in section 301(5) [106 Stat. 2360]--
        ``(1) $7,000,000 shall be available to carry out the scholarship 
    and fellowship programs established in subsection (a); and
        ``(2) $3,000,000 shall be available to provide training to 
    Department of Defense personnel to obtain the skills required to 
    comply with existing environmental statutory and regulatory 
    requirements.''


   Grants to Institutions of Higher Education To Provide Training in 
        Environmental Restoration and Hazardous Waste Management

    Section 4452 of Pub. L. 102-484 authorized the Secretary of Defense 
to establish a program to assist institutions of higher education, as 
defined in former section 1141(a) of Title 20, Education, to provide 
education and training in environmental restoration and hazardous waste 
management and to award grants to such institutions, prior to repeal by 
Pub. L. 103-160, div. A, title XIII, Sec. 1333(j), Nov. 30, 1993, 107 
Stat. 1800. See section 1333 of Pub. L. 103-160, set out above.


        Policies and Report on Overseas Environmental Compliance

    Section 342(b) of Pub. L. 101-510 provided that:
    ``(1) The Secretary of Defense shall develop a policy for 
determining applicable environmental requirements for military 
installations located outside the United States. In developing the 
policy, the Secretary shall ensure that the policy gives consideration 
to adequately protecting the health and safety of military and civilian 
personnel assigned to such installations.
    ``(2) The Secretary of Defense shall develop a policy for 
determining the responsibilities of the Department of Defense with 
respect to cleaning up environmental contamination that may be present 
at military installations located outside the United States. In 
developing the policy, the Secretary shall take into account applicable 
international agreements (such as Status of Forces agreements), 
multinational or joint use and operation of such installations, relative 
share of the collective defense burden, and negotiated accommodations.
    ``(3) The Secretary of Defense shall develop a policy and strategy 
to ensure adequate oversight of compliance with applicable environmental 
requirements and responsibilities of the Department of Defense 
determined under the policies developed under paragraphs (1) and (2). In 
developing the policy, the Secretary shall consider using the Inspector 
General of the Department of Defense to ensure active and forceful 
oversight.
    ``(4) At the same time the President submits to Congress his budget 
for fiscal year 1993 pursuant to section 1105 of title 31, United States 
Code, the Secretary of Defense shall submit to Congress a report 
describing the policies developed under paragraphs (1), (2), and (3). 
The report also shall include a discussion of the role of the Inspector 
General of the Department of Defense in overseeing environmental 
compliance at military installations outside the United States.
    ``(5) For purposes of this subsection, the term `military 
installation' means a base, camp, post, station, yard, center, or other 
activity under the jurisdiction of the Secretary of a military 
department which is located outside the United States and outside any 
territory, commonwealth, or possession of the United States.''


   Environmental Education Program for Department of Defense Personnel

    Section 344 of Pub. L. 101-510 directed Secretary of Defense to 
establish a program for the purpose of educating Department of Defense 
personnel in environmental management and, not later than date on which 
President submits budget for FY 1992 to Congress pursuant to 31 U.S.C. 
1105(a), to submit to Congress recommendations regarding whether program 
should be continued after Sept. 30, 1991.


     Use of Ozone Depleting Substances Within Department of Defense

    Section 325 of Pub. L. 102-484 provided that:
    ``(a) Evaluation of Use of Class I Substances.--The Director of the 
Defense Logistics Agency shall evaluate the use of class I substances by 
the military departments and Defense Agencies. In carrying out the 
evaluation, the Director shall--
        ``(1) determine the quantity of each class I substance that--
            ``(A) is held in the inventory of each military department 
        and Defense Agency on December 31, 1992;
            ``(B) will be used by each military department and Defense 
        Agency during 1992; and
            ``(C) will be used by each military department and Defense 
        Agency in each of 1993, 1994, and 1995;
        ``(2) determine the quantity of each class I substance in the 
    inventory of the military departments and Defense Agencies in each 
    of 1993, 1994, and 1995 that can be reclaimed or recycled and reused 
    by the military departments and Defense Agencies;
        ``(3) determine the type and quantity of class I substances 
    whose use will be critical to the missions of the military 
    departments and Defense Agencies after 1995;
        ``(4) determine the type and quantity of class I substances that 
    must be stockpiled after 1995 in order to ensure the availability of 
    such substances, including the availability of used, reclaimed, or 
    recycled class I substances for the missions referred to in 
    paragraph (3);
        ``(5) review the plans, if any, to reclaim, recycle, reuse, and 
    maintain the stockpile referred to in paragraph (4); and
        ``(6) identify each specific site, facility, or vessel in 
    connection with which the Secretary of Defense will seek an 
    exemption pursuant to section 604(f) of the Clean Air Act (42 U.S.C. 
    7671c(f)) to permit the continued production or use of class I 
    substances, and the type and quantity of each class I substance that 
    will be produced or used in connection with the site, facility, or 
    vessel.
    ``(b) Evaluation of Use of Class II Substances.--The Director of the 
Defense Logistics Agency shall evaluate the use of class II substances 
by the military departments and Defense Agencies. In carrying out the 
evaluation, the Director shall--
        ``(1) determine the quantity of each class II substance that--
            ``(A) is held in the inventory of each military department 
        and Defense Agency on December 31, 1992;
            ``(B) will be used by each military department and Defense 
        Agency during 1992; and
            ``(C) will be used by each military department and Defense 
        Agency in each of 1993, 1994, and 1995; and
        ``(2) determine the quantity of each class II substance in the 
    inventory of the military departments and Defense Agencies in each 
    of 1993, 1994, and 1995 that can be reclaimed or recycled and reused 
    by the military departments and Defense Agencies.
    ``(c) Report.--(1) The Director of the Defense Logistics Agency 
shall submit to the congressional defense committees a report on the 
status of the evaluation required under subsection (a) not later than 
April 1, 1993.
    ``(2) The Director of the Defense Logistics Agency shall submit to 
the congressional defense committees a report on the status of the 
evaluation required under subsection (b) not later than October 1, 1993.
    ``(d) Definitions.--In this section:
        ``(1) The term `class I substance' means any substance listed 
    under section 602(a) of the Clean Air Act (42 U.S.C. 7671a(a)).
        ``(2) The term `class II substance' means any substance listed 
    under section 602(b) of the Clean Air Act (42 U.S.C. 7671a(b)).''

    Section 345 of Pub. L. 101-510 provided that:
    ``(a) DOD Requirements for Ozone Depleting Chemicals Other Than 
CFCs.--(1) In addition to the functions of the advisory committee 
established pursuant to section 356(c) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 [Pub. L. 101-189] (10 
U.S.C. 2701 note), it shall be the function of the Committee to study 
(A) the use of methyl chloroform, hydrochlorofluorcarbons (HCFCs), and 
carbon tetrachloride by the Department of Defense and by contractors in 
the performance of contracts for the Department of Defense, and (B) the 
costs and feasibility of using alternative compounds or technologies for 
methyl chloroform, HCFCs, and carbon tetrachloride.
    ``(2) Within 120 days after the date of the enactment of this Act 
[Nov. 5, 1990], the Secretary shall provide the Committee with a list of 
all military specifications, standards, and other requirements that 
specify the use of methyl chloroform, HCFCs, or carbon tetrachloride.
    ``(3) Within 150 days after the date of the enactment of this Act, 
the Secretary shall provide the Committee with a list of all military 
specifications, standards, and other requirements that do not specify 
use of methyl chloroform, HCFCs, or carbon tetrachloride but cannot be 
met without the use of one or more of such substances.
    ``(b) Requirement.--In preparing the report required by section 
356(d) of the National Defense Authorization Act for Fiscal Years 1990 
and 1991 [Pub. L. 101-189, set out below] and the report required by 
subsection (d) of this section, the Committee shall work closely with 
the Strategic Environmental Research and Development Program Council and 
shall provide to such Council such reports.
    ``(c) Extension of Reporting Deadline for CFCs.--The deadline for 
submitting to Congress the report required by section 356(d) of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 
concerning the uses of CFCs is hereby extended to June 30, 1991.
    ``(d) Reporting Deadline for Methyl Chloroform, HCFCs, and Carbon 
Tetrachloride.--Not later than September 30, 1991, the Secretary shall 
submit to Congress a report containing the results of the study by the 
Committee required by subsection (a)(1) of this section.''


         Requirement for Development of Environmental Data Base

    Pub. L. 101-189, div. A, title III, Sec. 352, Nov. 29, 1989, 103 
Stat. 1423, provided that:
    ``(a) Environmental Data Base.--The Secretary of Defense shall 
develop and maintain a comprehensive data base on environmental 
activities carried out by the Department of Defense pursuant to, and 
environmental compliance obligations to which the Department is subject 
under, chapter 160 of title 10, United States Code, and all other 
applicable Federal and State environmental laws. At a minimum, the 
information in the data base shall include all the fines and penalties 
assessed against the Department of Defense pursuant to environmental 
laws and paid by the Department, all notices of violations of 
environmental laws received by the Department, and all obligations of 
the Department for compliance with environmental laws. The Secretary may 
include any other information he considers appropriate.
    ``(b) Report.--Not later than one year after the date of the 
enactment of this Act [Nov. 29, 1989], the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the progress in development of the data base 
required under subsection (a). The report shall include a summary of the 
information collected for the data base with respect to environmental 
activities during 1989.''


  Funding for Waste Minimization Programs for Certain Industrial-Type 
                   Activities of Department of Defense

    Pub. L. 101-189, div. A, title III, Sec. 354, Nov. 29, 1989, 103 
Stat. 1424, as amended by Pub. L. 102-190, div. A, title III, Sec. 332, 
Dec. 5, 1991, 105 Stat. 1340, provided that:
    ``(a) Requirement To Establish Waste Minimization Program.--The 
Secretary of Defense shall require the Secretary of each military 
department to establish a program for fiscal years 1992, 1993, and 1994 
to reduce the volume of solid and hazardous wastes disposed of, and 
hazardous materials used by, each industrial-type activity within the 
department that is a depot maintenance installation and for which a 
working-capital fund has been established under section 2208 of title 
10, United States Code.
    ``(b) Funding.--Funding for the waste minimization program in each 
military department shall come out of payments received by the working-
capital funds established for industrial-type and commercial-type 
activities of the department. The level of funding for each of fiscal 
years 1992, 1993, and 1994 shall be not less than \1/2\ of 1 percent of 
the amount of such payments received during fiscal year 1988 that were 
used for depot maintenance installation functions at industrial-type 
activities. The required level of funding for fiscal year 1992 may be 
reduced by amounts expended for waste minimization during fiscal years 
1990 and 1991. In any case in which a military department fails to spend 
funds at the level required by this subsection for the waste 
minimization program, the Secretary concerned shall submit to Congress a 
report explaining the reasons for the failure.
    ``(c) Notice of Excluded Activities.--Not later than 90 days after 
the date of the enactment of this Act [Nov. 29, 1989], the Secretary of 
Defense shall submit to Congress the name of each industrial-type or 
commercial-type activity of each military department which is not 
covered by the waste minimization program because the activity does not 
carry out depot maintenance installation functions.
    ``(d) Use of Funds.--Funds available for the waste minimization 
programs established pursuant to this section shall be used to carry out 
waste minimization projects at depot maintenance installations. The 
types of expenses for which such funds may be used include the following 
(if such expense is related to a waste minimization project):
        ``(1) Operating expenses (including salaries).
        ``(2) Equipment purchase expenses.
        ``(3) Facility modification expenses.
        ``(4) Process change expenses.
        ``(5) Product substitution expenses.
        ``(6) Military construction expenses.
        ``(7) Research, development, test, and evaluation expenses.
        ``(8) Expenses for the lease of equipment or facilities.
    ``(e) Recovery of Costs.--Each project carried out at an industrial-
type activity as part of a waste minimization program established 
pursuant to this section shall be designed to achieve, over the expected 
useful life of the project, reductions in the cost of the disposal of 
solid and hazardous wastes generated by the activity in an amount which 
is not less than the cost of the project. The Secretary of a military 
department may provide funds for a project that does not meet the 
requirement of the preceding sentence if the Secretary certifies to 
Congress that--
        ``(1) the project will result in a reduction of solid or 
    hazardous waste disposed of, or hazardous materials used by, the 
    activity; or
        ``(2) the project will eliminate or reduce the likelihood of 
    harm to human health or the environment.''


     Use of Chlorofluorocarbons and Halons in Department of Defense

    Pub. L. 101-189, div. A, title III, Sec. 356, Nov. 29, 1989, 103 
Stat. 1425, as amended by Pub. L. 103-160, div. A, title IX, 
Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, div. A, 
title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that:
    ``(a) Chlorofluorocarbons Emission Reduction.--The Secretary of 
Defense shall formulate and carry out, through the Under Secretary of 
Defense for Acquisition, Technology, and Logistics a program to reduce 
the unnecessary release of chlorofluorocarbons (hereinafter in this 
section referred to as `CFCs') and halons into the atmosphere in 
connection with maintenance operations and training and testing 
practices of the Department of Defense.
    ``(b) Report.--(1) Not later than 180 days after the date of the 
enactment of this Act [Nov. 29, 1989], the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report describing the program the Secretary proposes 
to carry out pursuant to subsection (a). The Secretary shall specify in 
the report the reduction goals that are attainable on the basis of known 
technology, including the use of refrigerant recovery systems currently 
available. The Secretary shall include in the report a schedule for 
meeting those goals. The Secretary shall also include in such report 
reduction goals that can be achieved only with the use of new technology 
and assess the technologies and investment that will be required to 
attain those goals within a five-year period.
    ``(2) Before the report required under paragraph (1) is submitted to 
the committees named in such paragraph, the Secretary shall transmit a 
copy of the report to the Administrator of the Environmental Protection 
Agency for comment.
    ``(c) DOD Requirements for CFCs.--(1) Not later than 30 days after 
the date of the enactment of this Act [Nov. 29, 1989], the Secretary 
shall establish an advisory committee to be known as the `CFC Advisory 
Committee' (hereinafter in this section referred to as the `Committee'). 
The Committee shall be composed of not more than 15 members, with an 
equal number of representatives from the Department of Defense, the 
Environmental Protection Agency, and defense contractors. Members 
representing defense contractors shall be contractors that supply the 
Department of Defense with products or equipment that require the use of 
CFCs.
    ``(2) It shall be the function of the Committee to study (A) the use 
of CFCs by the Department of Defense and by contractors in the 
performance of contracts for the Department of Defense, and (B) the cost 
and feasibility of using alternative compounds for CFCs or using 
alternative technologies that do not require the use of CFCs.
    ``(3) Within 120 days after the date of the enactment of this Act, 
the Secretary shall provide the Committee with a list of all military 
specifications, standards, and other requirements that specify the use 
of CFCs.
    ``(4) Within 150 days after the date of the enactment of this Act, 
the Secretary shall provide the Committee with a list of all military 
specifications, standards, and other requirements that do not specify 
use of CFCs but cannot be met without the use of CFCs.
    ``(d) Report.--Not later than September 30, 1990, the Secretary 
shall submit to the committees named in subsection (b) a report 
containing the results of the study by the Committee. The report shall--
        ``(1) identify cases in which the Committee found that 
    substitutes for CFCs could be made most expeditiously;
        ``(2) identify the feasibility and cost of substituting 
    compounds or technologies for CFC uses referred to in subsection 
    (c)(3) and estimate the time necessary for completing the 
    substitution;
        ``(3) identify CFC uses referred to in subsection (c)(4) for 
    which substitutes are not currently available and indicate the 
    reasons substitutes are not available;
        ``(4) describe the types of research programs that should be 
    undertaken to identify substitute compounds or technologies for CFC 
    uses referred to in paragraphs (3) and (4) of subsection (c) and 
    estimate the cost of the program;
        ``(5) recommend procedures to expedite the use of substitute 
    compounds and technologies offered by contractors to replace CFC 
    uses;
        ``(6) estimate the earliest date on which CFCs will no longer be 
    required for military applications; and
        ``(7) estimate the cost of revising military specifications for 
    the use of substitutes for CFCs, the additional costs resulting from 
    modification of Department of Defense contracts to provide for the 
    use of substitutes for CFCs, and the cost of purchasing new 
    equipment and reverification necessitated by the use of substitutes 
    for CFCs.''


           Report on Environmental Requirements and Priorities

    Pub. L. 101-189, div. A, title III, Sec. 358, Nov. 29, 1989, 103 
Stat. 1427, directed Secretary of Defense, not later than two years 
after Nov. 29, 1989, to submit to Congress a comprehensive report on the 
long-range environmental challenges and goals of the Department of 
Defense.


                        Study of Waste Recycling

    Pub. L. 101-189, div. A, title III, Sec. 361, Nov. 29, 1989, 103 
Stat. 1429, as amended by Pub. L. 101-510, div. A, title III, Sec. 343, 
Nov. 5, 1990, 104 Stat. 1538, provided that:
    ``(a) Study.--The Secretary of Defense shall conduct a study of the 
following:
        ``(1) Current practices and future plans for managing 
    postconsumer waste at facilities of the Department of Defense at 
    which such waste is generated, including commissary and exchange 
    stores, cafeterias, and mess halls.
        ``(2) The feasibility of such Department of Defense facilities 
    participating in programs at military installations or in local 
    communities to recycle the postconsumer waste generated at the 
    facilities.
    ``(b) Postconsumer Waste Defined.--For purposes of this section, the 
term `postconsumer waste' means garbage and refuse, including items that 
have passed through their end use as consumer items.
    ``(c) Report.--Not later than March 1, 1991, the Secretary of 
Defense shall submit to Congress a report describing the findings and 
conclusions of the Secretary resulting from the study.''


   Use of Department of Defense Appropriations for Removal of Unsafe 
                           Buildings or Debris

    Pub. L. 101-165, title IX, Sec. 9038, Nov. 21, 1989, 103 Stat. 1137, 
which authorized appropriations available to the Department of Defense 
to be used at sites formerly used by the Department for removal of 
unsafe buildings or debris of the Department and required that removal 
be completed before the property is released from Federal Government 
control, was repealed and restated in subsecs. (f) and (g) of this 
section by Pub. L. 101-510, div. A, title XIV, Sec. 1481(i), Nov. 5, 
1990, 104 Stat. 1708.
