
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2708]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2708. Contracts for handling hazardous waste from defense 
        facilities
        
    (a) Reimbursement Requirement.--(1) Each contract or subcontract to 
which this section applies shall provide that, upon receipt of hazardous 
wastes properly characterized pursuant to applicable laws and 
regulations, the contractor or subcontractor will reimburse the Federal 
Government for all liabilities incurred by, penalties assessed against, 
costs incurred by, and damages suffered by, the Government that are 
caused by--
        (A) the contractor's or subcontractor's breach of any term or 
    provision of the contract or subcontract; and
        (B) any negligent or willful act or omission of the contractor 
    or subcontractor, or the employees of the contractor or 
    subcontractor, in the performance of the contract or subcontract.

    (2) Not later than 30 days after such a contract or subcontract is 
awarded, the contractor or subcontractor shall demonstrate that the 
contractor or subcontractor will reimburse the Federal Government as 
provided in paragraph (1).
    (b) Applicability.--(1) Except as provided in paragraph (2), this 
section applies to each contract entered into by the Secretary of 
Defense or the Secretary of a military department, and any subcontract 
under any such contract, with an owner or operator of a hazardous waste 
treatment or disposal facility during fiscal years 1992 through 1996 for 
the offsite treatment or disposal of hazardous wastes from a facility 
under the jurisdiction of the Secretary of Defense.
    (2) This section does not apply to--
        (A) any contract or subcontract to perform remedial action or 
    corrective action under the Defense Environmental Restoration 
    Program, other programs or activities of the Department of Defense, 
    or authorized State hazardous waste programs;
        (B) any contract or subcontract under which the generation of 
    the hazardous waste to be disposed of is incidental to the 
    performance of the contract; or
        (C) any contract or subcontract to dispose of ammunition or 
    solid rocket motors.

    (c) Exception to Reimbursement Requirement.--Notwithstanding 
subsection (a), in the case of any contract to which this section 
applies, if the Secretary of Defense or the Secretary of the military 
department concerned determines that--
        (1) there is only one responsible offeror or there is no 
    responsible offeror willing to provide the reimbursement required by 
    subsection (a) for such contract; or
        (2) failure to award the contract would place the facility 
    concerned in violation of any requirement of the Solid Waste 
    Disposal Act (42 U.S.C. 6901 et seq.),

then the contract may be awarded without including the reimbursement 
provision required by subsection (a).
    (d) Definitions.--In this section:
        (1) The term ``hazardous waste'' has the meaning given that term 
    by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 
    6903(5)), except that such term also includes polychlorinated 
    biphenyls.
        (2) The term ``remedial action'' has the meaning given that term 
    by section 101(24) of the Comprehensive Environmental Response, 
    Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)).
        (3) The term ``corrective action'' has the meaning given that 
    term under section 3004(u) of the Solid Waste Disposal Act (42 
    U.S.C. 6924(u)).
        (4) The term ``polychlorinated biphenyls'' has the meaning given 
    that term under section 6(e) of the Toxic Substances Control Act (15 
    U.S.C. 2605(e)).

    (e) Effect on Liability.--Nothing in this section shall affect the 
liability of the Federal Government under any Federal or State law or 
under common law.

(Added Pub. L. 102-190, div. A, title III, Sec. 331(a)(1), Dec. 5, 1991, 
105 Stat. 1339; amended Pub. L. 102-484, div. A, title III, Sec. 321, 
title X, Sec. 1052(36), Oct. 23, 1992, 106 Stat. 2365, 2501; Pub. L. 
103-160, div. A, title X, Sec. 1004, Nov. 30, 1993, 107 Stat. 1748.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsec. (c)(2), is 
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended 
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which 
is classified generally to chapter 82 (Sec. 6901 et seq.) of Title 42, 
The Public Health and Welfare. For complete classification of this Act 
to the Code, see Short Title note set out under section 6901 of Title 42 
and Tables.


                               Amendments

    1993--Subsec. (b)(1). Pub. L. 103-160 substituted ``fiscal years 
1992 through 1996'' for ``fiscal years 1992 and 1993''.
    1992--Subsec. (b)(1). Pub. L. 102-484, Sec. 1052(36)(A), substituted 
``each contract'' for ``all contracts'' and ``any subcontract under any 
such contract'' for ``all subcontracts under such contracts''.
    Pub. L. 102-484, Sec. 321, substituted ``fiscal years 1992 and 
1993'' for ``fiscal year 1992''.
    Subsec. (d). Pub. L. 102-484, Sec. 1052(36)(B), substituted ``In'' 
for ``For purposes of'' in introductory provisions.


                             Effective Date

    Section 331(b) of Pub. L. 102-190 provided that: ``Section 2708 of 
title 10, United States Code, shall apply with respect to contracts 
entered into after the expiration of the 60-day period beginning on the 
date of the enactment of this Act [Dec. 5, 1991].''
