
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2704]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2704. Commonly found unregulated hazardous substances

    (a) Notice to HHS.--
        (1) In general.--The Secretary of Defense shall notify the 
    Secretary of Health and Human Services of the hazardous substances 
    which the Secretary of Defense determines to be the most commonly 
    found unregulated hazardous substances at facilities under the 
    Secretary's jurisdiction. The notification shall be of not less than 
    the 25 most widely used such substances.
        (2) Definition.--In this subsection, the term ``unregulated 
    hazardous substance'' means a hazardous substance--
            (A) for which no standard, requirement, criteria, or 
        limitation is in effect under the Toxic Substances Control Act, 
        the Safe Drinking Water Act, the Clean Air Act, or the Clean 
        Water Act; and
            (B) for which no water quality criteria are in effect under 
        any provision of the Clean Water Act.

    (b) Toxicological Profiles.--The Secretary of Health and Human 
Services shall take such steps as necessary to ensure the timely 
preparation of toxicological profiles of each of the substances of which 
the Secretary is notified under subsection (a). The profiles of such 
substances shall include each of the following:
        (1) The examination, summary, and interpretation of available 
    toxicological information and epidemiologic evaluations on a 
    hazardous substance in order to ascertain the levels of significant 
    human exposure for the substance and the associated acute, subacute, 
    and chronic health effects.
        (2) A determination of whether adequate information on the 
    health effects of each substance is available or in the process of 
    development to determine levels of exposure which present a 
    significant risk to human health of acute, subacute, and chronic 
    health effects.
        (3) Where appropriate, toxicological testing directed toward 
    determining the maximum exposure level of a hazardous substance that 
    is safe for humans.

    (c) DOD Support.--The Secretary of Defense shall transfer to the 
Secretary of Health and Human Services such toxicological data, such 
sums from amounts appropriated to the Department of Defense, and such 
personnel of the Department of Defense as may be necessary (1) for the 
preparation of toxicological profiles under subsection (b) or (2) for 
other health related activities under section 104(i) of CERCLA. The 
Secretary of Defense and the Secretary of Health and Human Services 
shall enter into a memorandum of understanding regarding the manner in 
which this section shall be carried out, including the manner for 
transferring funds and personnel and for coordination of activities 
under this section.
    (d) EPA Health Advisories.--
        (1) Preparation.--At the request of the Secretary of Defense, 
    the Administrator shall, in a timely manner, prepare health 
    advisories on hazardous substances. Such an advisory shall be 
    prepared on each hazardous substance--
            (A) for which no advisory exists;
            (B) which is found to threaten drinking water; and
            (C) which is emanating from a facility under the 
        jurisdiction of the Secretary.

        (2) Content of health advisories.--Such health advisories shall 
    provide specific advice on the levels of contaminants in drinking 
    water at which adverse health effects would not be anticipated and 
    which include a margin of safety so as to protect the most sensitive 
    members of the population at risk. The advisories shall provide data 
    on one-day, 10-day, and longer-term exposure periods where available 
    toxicological data exist.
        (3) DOD support for health advisories.--The Secretary of Defense 
    shall transfer to the Administrator such toxicological data, such 
    sums from amounts appropriated to the Department of Defense, and 
    such personnel of the Department of Defense as may be necessary for 
    the preparation of such health advisories. The Secretary and the 
    Administrator shall enter into a memorandum of understanding 
    regarding the manner in which this subsection shall be carried out, 
    including the manner for transferring funds and personnel and for 
    coordination of activities under this subsection.

    (e) Cross Reference.--Section 104(i) of CERCLA applies to facilities 
under the jurisdiction of the Secretary of Defense in the manner 
prescribed in that section.
    (f) Functions of HHS To Be Carried Out Through ATSDR.--The functions 
of the Secretary of Health and Human Services under this section shall 
be carried out through the Administrator of the Agency for Toxic 
Substances and Disease Registry of the Department of Health and Human 
Services established under section 104(i) of CERCLA.

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986, 100 
Stat. 1722; amended Pub. L. 102-25, title VII, Sec. 701(j)(10), Apr. 6, 
1991, 105 Stat. 116.)

                       References in Text

    The Toxic Substances Control Act, referred to in subsec. (a)(2)(A), 
is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is 
classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 2601 of Title 15 and Tables.
    The Safe Drinking Water Act, referred to in subsec. (a)(2)(A), is 
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, 
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to 
subchapter XII (Sec. 300f et seq.) of chapter 6A of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 201 of Title 42 and Tables.
    The Clean Air Act, referred to in subsec. (a)(2)(A), is act July 14, 
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally 
to chapter 15B (Sec. 1857 et seq.) of Title 42. On enactment of Pub. L. 
95-95, the Act was reclassified to chapter 85 (Sec. 7401 et seq.) of 
Title 42. For complete classification of this Act to the Code, see Short 
Title note set out under section 7401 of Title 42 and Tables.
    The Clean Water Act, referred to in subsec. (a)(2), is act June 30, 
1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 
1972, 86 Stat. 816, also known as the Federal Water Pollution Control 
Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of 
Title 33, Navigation and Navigable Waters. For complete classification 
of this Act to the Code, see Short Title note set out under section 1251 
of Title 33 and Tables.
    Section 104(i) of CERCLA, referred to in subsecs. (c), (e), and (f), 
is classified to section 9604(i) of Title 42, The Public Health and 
Welfare.


                               Amendments

    1991--Subsec. (f). Pub. L. 102-25 substituted ``Agency for Toxic 
Substances'' for ``Agency of Toxic Substances''.
