
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 315]
[Document affected by Public Law 107-107 Section 313]
[CITE: 10USC2706]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2706. Annual reports to Congress

    (a) Report on Environmental Restoration Activities.--(1) The 
Secretary of Defense shall submit to the Congress each year, not later 
than 45 days after the date on which the President submits to the 
Congress the budget for a fiscal year, a report on the progress made by 
the Secretary in carrying out environmental restoration activities at 
military installations.
    (2) Each such report shall include, with respect to environmental 
restoration activities for each military installation, the following:
        (A) A statement of the number of sites at which a hazardous 
    substance has been identified.
        (B) A statement of the status of response actions proposed for 
    or initiated at the military installation.
        (C) A statement of the total cost estimated for such response 
    actions.
        (D) A statement of the amount of funds obligated by the 
    Secretary for such response actions, and the progress made in 
    implementing the response actions during the fiscal year preceding 
    the year in which the report is submitted, including an explanation 
    of--
            (i) any cost overruns for such response actions, if the 
        amount of funds obligated for those response actions exceeds the 
        estimated cost for those response actions by the greater of 15 
        percent of the estimated cost or $10,000,000; and
            (ii) any deviation in the schedule (including a milestone 
        schedule specified in an agreement, order, or mandate) for such 
        response actions of more than 180 days.

        (E) A statement of the amount of funds allocated by the 
    Secretary for, and the anticipated progress in implementing, such 
    response actions during the fiscal year in which the report is 
    submitted.
        (F) A statement of the amount of funds requested for such 
    response actions for the five fiscal years following the fiscal year 
    in which the report is submitted, and the anticipated progress in 
    implementing such response actions for the fiscal year for which the 
    budget is submitted.
        (G) A statement of the total costs incurred for such response 
    actions as of the date of the submission of the report.
        (H) A statement of the estimated cost of completing all 
    environmental restoration activities required with respect to the 
    military installation, including, where relevant, the estimated cost 
    of such activities in each of the five fiscal years following the 
    fiscal year in which the report is submitted.
        (I) A statement of the estimated schedule for completing all 
    environmental restoration activities at the military installation.
        (J) A statement of the activities, if any, including 
    expenditures for administrative expenses and technical assistance 
    under section 2705 of this title, of the technical review committee 
    or restoration advisory board established for the installation under 
    such section during the preceding fiscal year.

    (b) Report on Environmental Quality Programs and Other Environmental 
Activities.--(1) The Secretary of Defense shall submit to Congress each 
year, not later than 45 days after the date on which the President 
submits to Congress the budget for a fiscal year, a report on the 
progress made in carrying out activities under the environmental quality 
programs of the Department of Defense and the military departments.
    (2) Each report shall include the following:
        (A) A description of the environmental quality program of the 
    Department of Defense, and of each of the military departments, 
    during the period consisting of the four fiscal years preceding the 
    fiscal year in which the report is submitted, the fiscal year in 
    which the report is submitted, and the fiscal year following the 
    fiscal year in which the report is submitted.
        (B) For each of the major activities under the environmental 
    quality programs:
            (i) A specification of the amount expended, or proposed to 
        be expended, in each fiscal year of the period covered by the 
        report.
            (ii) An explanation for any significant change in the 
        aggregate amount to be expended in the fiscal year in which the 
        report is submitted, and in the following fiscal year, when 
        compared with the fiscal year preceding each such fiscal year.
            (iii) An assessment of the manner in which the scope of the 
        activities have changed over the course of the period covered by 
        the report.

        (C) A summary of the major achievements of the environmental 
    quality programs and of any major problems with the programs.
        (D) A list of the planned or ongoing projects necessary to 
    support the environmental quality programs during the period covered 
    by the report, the cost of which has exceeded or is anticipated to 
    exceed $1,500,000. The list and accompanying material shall include 
    the following:
            (i) A separate listing of the projects inside the United 
        States and of the projects outside the United States.
            (ii) For each project commenced during the first four fiscal 
        years of the period covered by the report (other than a project 
        that was reported as fully executed in the report for a previous 
        fiscal year), a description of--
                (I) the amount specified in the initial budget request 
            for the project;
                (II) the aggregate amount allocated to the project 
            through the fiscal year preceding the fiscal year for which 
            the report is submitted; and
                (III) the aggregate amount obligated for the project 
            through that fiscal year.

            (iii) For each project commenced or to be commenced in the 
        fiscal year in which the report is submitted, a description of--
                (I) the amount specified for the project in the budget 
            for the fiscal year; and
                (II) the amount allocated to the project in the fiscal 
            year.

            (iv) For each project to be commenced in the last fiscal 
        year of the period, a description of the amount, if any, 
        specified for the project in the budget for the fiscal year.
            (v) If the anticipated aggregate cost of any project covered 
        by the report will exceed by more than 25 percent the amount 
        specified in the initial budget request for such project, a 
        justification for that variance.

        (E) A statement of the fines and penalties imposed or assessed 
    against the Department of Defense and the military departments under 
    Federal, State, or local environmental laws during the fiscal year 
    in which the report is submitted and the four preceding fiscal 
    years, which shall set forth the following:
            (i) Each Federal environmental statute under which a fine or 
        penalty was imposed or assessed during each such fiscal year.
            (ii) With respect to each such Federal statute--
                (I) the aggregate amount of fines and penalties imposed 
            under the statute during each such fiscal year;
                (II) the aggregate amount of fines and penalties paid 
            under the statute during each such fiscal year; and
                (III) the total amount required during such fiscal years 
            for supplemental environmental projects in lieu of the 
            payment of a fine or penalty under the statute and the 
            extent to which the cost of such projects during such fiscal 
            years has exceeded the original amount of the fine or 
            penalty.

            (iii) A trend analysis of fines and penalties imposed or 
        assessed during each such fiscal year for military installations 
        inside and outside the United States.

        (F) A statement of the amounts expended, and anticipated to be 
    expended, during the period covered by the report for any activities 
    overseas relating to the environment, including amounts for 
    activities relating to environmental remediation, compliance, 
    conservation, pollution prevention, and environmental technology and 
    amounts for conferences, meetings, and studies for pilot programs, 
    and for travel related to such activities.

    (c) Report on Contractor Reimbursement Costs.--(1) The Secretary of 
Defense shall submit to the Congress each year, not later than 45 days 
after the date on which the President submits to the Congress the budget 
for a fiscal year, a report on payments made by the Secretary to defense 
contractors for the costs of environmental response actions.
    (2) Each such report shall include, for the fiscal year preceding 
the year in which the report is submitted, the following:
        (A) An estimate of the payments made by the Secretary to any 
    defense contractor (other than a response action contractor) for the 
    costs of environmental response actions at facilities owned or 
    operated by the defense contractor or at which the defense 
    contractor is liable in whole or in part for the environmental 
    response action.
        (B) A statement of the amount and current status of any pending 
    requests by any defense contractor (other than a response action 
    contractor) for payment of the costs of environmental response 
    actions at facilities owned or operated by the defense contractor or 
    at which the defense contractor is liable in whole or in part for 
    the environmental response action.

    (d) Report on Environmental Technology Program.--(1) The Secretary 
of Defense shall submit to Congress each year, not later than 45 days 
after the date on which the President submits to Congress the budget for 
a fiscal year, a report on the progress made by the Department of 
Defense in achieving the objectives and goals of its environmental 
technology program during the preceding fiscal year and an overall trend 
analysis for the program covering the previous four fiscal years.
    (2) Each such report shall include, with respect to each project 
under the environmental technology program of the Department of Defense, 
the following:
        (A) The performance objectives established for the project for 
    the fiscal year and an assessment of the performance achieved with 
    respect to the project in light of performance indicators for the 
    project.
        (B) A description of the extent to which the project met the 
    performance objectives established for the project for the fiscal 
    year.
        (C) If a project did not meet the performance objectives for the 
    project for the fiscal year--
            (i) an explanation for the failure of the project to meet 
        the performance objectives; and
            (ii) a modified schedule for meeting the performance 
        objectives or, if a performance objective is determined to be 
        impracticable or infeasible to meet, a statement of alternative 
        actions to be taken with respect to the project.

    (e) Definitions.--In this section:
        (1) The term ``defense contractor''--
            (A) means an entity (other than an entity referred to in 
        subparagraph (B)) that is one of the top 20 entities receiving 
        the largest dollar volume of prime contract awards by the 
        Department of Defense during the fiscal year covered by the 
        report; and
            (B) does not include small business concerns, commercial 
        companies (or segments of commercial companies) providing 
        commercial items to the Department of Defense.

        (2) The term ``military installation'' has the meaning given 
    such term in section 2687(e) of this title, except that such term 
    does not include a homeport facility for any ship and includes--
            (A) each facility or site owned by, leased to, or otherwise 
        possessed by the United States and under the jurisdiction of the 
        Secretary of Defense;
            (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; and
            (C) each facility or site at which the Secretary is 
        conducting environmental restoration activities.

        (3) The term ``response action contractor'' has the meaning 
    given such term in section 119(e)(2) of the Comprehensive 
    Environmental Response, Compensation, and Liability Act of 1980 (42 
    U.S.C. 9619(e)(2)).
        (4) The term ``environmental quality program'' means a program 
    of activities relating to environmental compliance, conservation, 
    pollution prevention, and such other activities relating to 
    environmental quality as the Secretary concerned may designate for 
    purposes of the program.
        (5) The term ``major activities'', with respect to an 
    environmental quality program, means the following activities under 
    the program:
            (A) Environmental compliance activities.
            (B) Conservation activities.
            (C) Pollution prevention activities.

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986, 100 
Stat. 1724; amended Pub. L. 101-189, div. A, title III, Sec. 357(a)(1), 
(2)(A), Nov. 29, 1989, 103 Stat. 1426, 1427; Pub. L. 101-510, div. A, 
title III, Secs. 341, 342(a), Nov. 5, 1990, 104 Stat. 1536, 1537; Pub. 
L. 103-160, div. A, title X, Sec. 1001(a)-(d), Nov. 30, 1993, 107 Stat. 
1742-1744; Pub. L. 103-337, div. A, title X, Sec. 1070(b)(9), Oct. 5, 
1994, 108 Stat. 2857; Pub. L. 104-106, div. A, title III, Sec. 324(f), 
Feb. 10, 1996, 110 Stat. 254; Pub. L. 104-201, div. A, title III, 
Sec. 321, Sept. 23, 1996, 110 Stat. 2477; Pub. L. 105-85, div. A, title 
III, Secs. 344(a), 345, Nov. 18, 1997, 111 Stat. 1688; Pub. L. 105-261, 
div. A, title III, Sec. 325, Oct. 17, 1998, 112 Stat. 1965; Pub. L. 106-
65, div. A, title III, Secs. 322, 323(c)(1), Oct. 5, 1999, 113 Stat. 
560, 563.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65, Sec. 322(a), amended heading and 
text of subsec. (b) generally. Prior to amendment, subsec. (b) consisted 
of pars. (1) and (2) relating to reports on environmental compliance 
activities.
    Subsec. (d). Pub. L. 106-65, Sec. 323(c)(1), added subsec. (d).
    Pub. L. 106-65, Sec. 322(b), struck out subsec. (d) which required 
the Secretary of Defense to submit annual reports to Congress on 
environmental activities of Department of Defense overseas.
    Subsec. (e)(4), (5). Pub. L. 106-65, Sec. 322(c), added pars. (4) 
and (5).
    1998--Subsecs. (a)(1), (b)(1), (c)(1), (d)(1). Pub. L. 105-261 
substituted ``not later than 45 days'' for ``not later than 30 days''.
    1997--Subsec. (b)(2)(H). Pub. L. 105-85, Sec. 344(a), added subpar. 
(H).
    Subsecs. (d), (e). Pub. L. 105-85, Sec. 345, added subsec. (d) and 
redesignated former subsec. (d) as (e).
    1996--Subsec. (a)(2)(J). Pub. L. 104-106 added subpar. (J).
    Subsec. (d)(1)(A). Pub. L. 104-201 substituted ``20 entities'' for 
``100 entities''.
    1994--Subsec. (a). Pub. L. 103-337 made technical correction to Pub. 
L. 103-160, Sec. 1001(a). See 1993 Amendment note below.
    1993--Subsec. (a). Pub. L. 103-160, Sec. 1001(a), as amended by Pub. 
L. 103-337, amended subsec. (a) generally. Prior to amendment, subsec. 
(a) read as follows:
    ``(1) Report on Progress in Implementation.--The Secretary of 
Defense shall submit to Congress a report each fiscal year describing 
the progress made by the Secretary during the preceding fiscal year in 
implementing the requirements of this chapter.
    ``(2) Each such report shall include the following:
        ``(A) A statement for each installation under the jurisdiction 
    of the Secretary of the number of individual facilities at which a 
    hazardous substance has been identified.
        ``(B) The status of response actions contemplated or undertaken 
    at each such facility.
        ``(C) The specific cost estimates and budgetary proposals 
    involving response actions contemplated or undertaken at each such 
    facility.
        ``(D) A report on progress on conducting response actions at 
    facilities other than facilities on the National Priorities List.''
    Subsec. (b). Pub. L. 103-160, Sec. 1001(b), inserted ``Activities'' 
in heading and amended text generally, restating substance of former 
par. (1) in pars. (1) and (2) and deleting substance of former par. (2) 
which defined ``military installation''.
    Subsecs. (c), (d). Pub. L. 103-160, Sec. 1001(c), (d), added 
subsecs. (c) and (d).
    1990--Subsec. (b). Pub. L. 101-510, Sec. 342(a), added subpar. (G) 
at end of par. (1).
    Pub. L. 101-510, Sec. 341, amended subsec. (b) generally. Prior to 
amendment, subsec. (b) read as follows: ``Environmental Budget Report.--
(1) Each year, at the same time the President submits to Congress the 
budget for a fiscal year (pursuant to section 1105 of title 31), the 
Secretary of Defense shall submit to Congress a report on--
        ``(A) the funding levels required for the Department of Defense 
    to comply with applicable environmental laws during the fiscal year 
    for which the budget is submitted; and
        ``(B) the funding levels requested for such purposes in the 
    budget as submitted by the President.
    ``(2) The Secretary shall include in the report an explanation of 
any differences in the funding level requirements and the funding level 
requests in the budget.''
    1989--Pub. L. 101-189 substituted ``reports'' for ``report'' in 
section catchline, designated subsec. (a) as subsec. (a)(1), struck out 
subsec. (b) heading ``Matters To Be Included'', redesignated subsec. (b) 
as subsec. (a)(2) and pars. (1) to (4) as subpars. (A) to (D), 
respectively, and added subsec. (b).


                    Effective Date of 1994 Amendment

    Section 1070(b) of Pub. L. 103-337 provided that the amendment made 
by that section is effective as of Nov. 30, 1993, and as if included in 
the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 
103-160, as enacted.


                    Effective Date of 1989 Amendment

    Section 357(b) of Pub. L. 101-189 provided that: ``The first 
environmental budget report under subsection (b) of section 2706 of such 
title [10 U.S.C. 2706(b)] (as added by subsection (a)) shall be 
submitted at the same time the President submits the budget for fiscal 
year 1992.''


            First Report on Environmental Technology Program

    Pub. L. 106-65, div. A, title III, Sec. 323(c)(2), Oct. 5, 1999, 113 
Stat. 563, provided that: ``The Secretary of Defense shall include in 
the first report submitted under section 2706(d) of title 10, United 
States Code, as added by this subsection, a description of the steps 
taken by the Secretary to ensure that the environmental technology 
investment control process for the Department of Defense satisfies the 
requirements of section 2709 of such title, as added by subsection 
(b).''


                       Report in Fiscal Year 1998

    Section 344(b) of Pub. L. 105-85 provided that: ``The statement 
submitted by the Secretary of Defense under subparagraph (H) of section 
2706(b)(2) of title 10, United States Code, as added by subsection (a), 
in 1998 shall, to the maximum extent practicable, include the 
information required by that subparagraph for each of fiscal years 1994 
through 1997.''


    Compliance With Annex V to the International Convention for the 
                Prevention of Pollution From Ships, 1973

    Section 324(b), (c) of Pub. L. 104-201, as amended by Pub. L. 105-
85, div. A, title X, Sec. 1073(c)(1), Nov. 18, 1997, 111 Stat. 1904, 
provided that:
    ``(b) Sense of Congress.--(1) It is the sense of Congress that it 
should be an objective of the Navy to achieve full compliance with Annex 
V to the Convention as part of the Navy's development of ships that are 
environmentally sound.
    ``(2) In this subsection and subsection (c), the terms `Convention' 
and `ship' have the meanings given such terms in section 2(a) of the Act 
to Prevent Pollution from Ships (33 U.S.C. 1901(a)).
    ``(c) Report on Compliance With Annex V to the Convention.--The 
Secretary of Defense shall include in each report on environmental 
compliance activities submitted to Congress under section 2706(b) of 
title 10, United States Code, the following information:
        ``(1) A list of the ship types, if any, for which the Secretary 
    of the Navy has made the determination referred to in paragraph 
    (2)(C) of section 3(c) of the Act to Prevent Pollution from Ships 
    [33 U.S.C. 1902(c)(2)(C)], as amended by subsection (a)(2) of this 
    section.
        ``(2) A list of ship types which the Secretary of the Navy has 
    determined can comply with Regulation 5 of Annex V to the 
    Convention.
        ``(3) A summary of the progress made by the Navy in implementing 
    the requirements of paragraphs (2) and (3) of such section 3(c), as 
    so amended.
        ``(4) A description of any emerging technologies offering the 
    potential to achieve full compliance with Regulation 5 of Annex V to 
    the Convention.
        ``(5) The amount and nature of the discharges in special areas, 
    not otherwise authorized under the Act to Prevent Pollution from 
    Ships (33 U.S.C. 1901 et seq.), during the preceding year from ships 
    referred to in section 3(b)(1)(A) of such Act owned or operated by 
    the Department of the Navy.''


Report on Services Obtained Pursuant to Reimbursement Agreements During 
                            Fiscal Year 1996

    Section 321(b) of Pub. L. 104-106 provided that: ``The Secretary of 
Defense shall include in the report submitted to Congress with respect 
to fiscal year 1998 under section 2706(a) of title 10, United States 
Code, information on the services, if any, obtained by the Secretary 
during fiscal year 1996 pursuant to each agreement on a reimbursable 
basis entered into with a State or local government agency under section 
2701(d) of title 10, United States Code, as amended by subsection (a). 
The information shall include a description of the services obtained 
under each agreement and the amount of the reimbursement provided for 
the services.''


                      Time of Submission of Reports

    Section 1001(e) of Pub. L. 103-160 provided that:
    ``(1) A report submitted in 1994 under subsection (a) of section 
2706 of title 10, United States Code, as amended by subsection (a), and 
under subsection (b) of such section, as amended by subsection (b), 
shall be submitted not later than March 31, 1994.
    ``(2) A report under subsection (c) of section 2706 of such title, 
as added by subsection (c), shall be submitted for fiscal years 
beginning with fiscal year 1993. Any such report that is submitted for 
fiscal year 1993 or fiscal year 1994 shall be submitted not later than 
February 1, 1995.''
