§ 2708. Contracts for handling hazardous waste from defense facilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title III § 331(a)(1) · 105 Stat. 1290

   Enacted · 10 U.S.C. § 2708

   Added Pub. L. 102–190, div. A, title III, § 331(a)(1), Dec. 5, 1991, 105 Stat. 1339

   Source evidence

   Code source credit
   Added Pub. L. 102–190, div. A, title III, § 331(a)(1), Dec. 5, 1991, 105 Stat. 1339

   Enacted provision · exact public law section
   (1) Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: “§ 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 all contracts entered into by the Secretary of Defense or the Secretary of a military department, and all subcontracts under such contracts, with an owner or operator of a hazardous waste treatment or disposal facility during fiscal year 1992 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.— For purposes of 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 poly-chlorinated 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.”.

2. 1992

   Wagner-O’Day Act

   Pub. L. 102–484 § 1052(36)(A) · 106 Stat. 2315

   1. Substituted · 10 U.S.C. § 2708(b)(1)

      Pub. L. 102–484, § 1052(36)(A), substituted “each contract” for “all contracts”

   2. Substituted · 10 U.S.C. § 2708(b)(1)

      Pub. L. 102–484, § 1052(36)(A), substituted “any subcontract under any such contract” for “all subcontracts under such contracts”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–484, § 1052(36)(A), substituted “each contract” for “all contracts” and “any subcontract under any such contract” for “all subcontracts under such contracts”.

   Enacted provision · exact public law section
   (A) in subsection (b)(1)— (i) by striking out “all contracts” and inserting in lieu thereof “each contract”; and (ii) by striking out “all subcontracts under such contracts” and inserting in lieu thereof “any subcontract under any such contract”; and

3. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 § 321 · 106 Stat. 2315

   Substituted · 10 U.S.C. § 2708(b)(1)

   Pub. L. 102–484, § 321, substituted “fiscal years 1992 and 1993” for “fiscal year 1992”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–484, § 321, substituted “fiscal years 1992 and 1993” for “fiscal year 1992”.

   Enacted provision · exact public law section
   SEC. 321. EXTENSION OF REIMBURSEMENT REQUIREMENT FOR CONTRACTORS HANDLING HAZARDOUS WASTES FROM DEFENSE FACILITIES. Section 2708(b)(1) of title 10, United States Code, is amended by striking out “fiscal year 1992” and inserting in lieu thereof “fiscal years 1992 and 1993”.

4. 1992

   Wagner-O’Day Act

   Pub. L. 102–484 § 1052(36)(B) · 106 Stat. 2315

   Substituted · 10 U.S.C. § 2708(d)

   Pub. L. 102–484, § 1052(36)(B), substituted “In” for “For purposes of” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–484, § 1052(36)(B), substituted “In” for “For purposes of” in introductory provisions.

   Enacted provision · exact public law section
   (B) in subsection (d), by striking out “For purposes of” and inserting in lieu thereof “In”.

5. 1993

   Pub. L. 103–160 div. A title X § 1004 · 107 Stat. 1547

   Substituted · 10 U.S.C. § 2708(b)(1)

   Pub. L. 103–160 substituted “fiscal years 1992 through 1996” for “fiscal years 1992 and 1993”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–160 substituted “fiscal years 1992 through 1996” for “fiscal years 1992 and 1993”.

   Enacted provision · exact public law section
   SEC. 1004. EXTENSION OF APPLICABILITY PERIOD FOR REIMBURSEMENT FOR CERTAIN LIABILITIES ARISING UNDER HAZARDOUS WASTE CONTRACTS. Section 2708(b)(1) of title 10, United States Code, is amended by striking out “and 1993” and inserting in lieu thereof “through 1996”.

6 of 6 references resolved to an enrolled provision