§ 2711. Annual report on defense environmental programs

Statutory text

Report Required.—

Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year.

Elements.—

Each report under subsection (a) shall include, for the year covered by the report, the following:

With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—

the total number of sites at which such program was carried out;

the progress of remediation for sites that have not yet completed cleanup;

the remaining cost to complete cleanup of known sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—

detailed information regarding the total potential cost to the Department of investigating and remediating such releases at all locations where investigation and remediation is expected to be funded by the Department; and

the cost-to-complete analysis required under subsection (d); and

an assessment by the Secretary of Defense of the overall progress of such program.

An assessment by the Secretary of achievements for environmental conservation and planning by the Department.

An assessment by the Secretary of achievements for environmental compliance by the Department.

An assessment by the Secretary of achievements for climate resiliency by the Department.

An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department.

Consolidation.—

The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental restoration, compliance, and resilience.

PFAS Cost-to-complete Analysis.—

The Secretary shall carry out an annual cost-to-complete analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances releases that—

includes—

an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect the cost to complete;

examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect the cost to complete; and

an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and

incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department to complete the known per- and polyfluoroalkyl substances sites, including—

variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations;

shifts in regulatory requirements that could alter investigation and remediation strategies; and

advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs.

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.

2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title III § 317(a) · 125 Stat. 1298
Enacted · 10 U.S.C. § 2711
Added Pub. L. 112–81, div. A, title III, § 317(a), Dec. 31, 2011, 125 Stat. 1359
Source evidence
Code source credit
Added Pub. L. 112–81, div. A, title III, § 317(a), Dec. 31, 2011, 125 Stat. 1359
Enacted provision · exact public law section
(a) In General.— Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2711. Annual report on defense environmental programs “(a) Report Required.— 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 defense environmental programs. Each report shall include: “(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, the following elements: “(A) Information on the Environmental Restoration Program, including the following: “(i) The total number of sites in the Environmental Restoration Program. “(ii) The number of sites in the Environmental Restoration Program that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding fiscal year. “(iii) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the Environmental Restoration Program during the fiscal year for which the budget is submitted. “(iv) The Secretary’s assessment of the overall progress of the Environmental Restoration Program. “(B) Information on the Military Munitions Restoration Program (MMRP), including the following: “(i) The total number of sites in the MMRP. “(ii) The number of sites that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding fiscal year. “(iii) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the MMRP during the fiscal year for which the budget is submitted. “(iv) The Secretary’s assessment of the overall progress of the MMRP. “(2) With respect to each of the major activities under the environmental quality program of the Department of Defense and for each of the military departments— “(A) a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the current fiscal year, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted; and “(B) an explanation for any significant change in such amounts during the period covered. “(3) With respect to the environmental technology program of the Department of Defense— “(A) a report on the progress made 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; and “(B) a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted. “(b) Definitions.— For purposes of this section— “(1) the term ‘environmental quality program’ means a program of activities relating to environmental compliance, conservation, pollution prevention, and other activities relating to environmental quality as the Secretary may designate; and “(2) the term ‘major activities’ with respect to an environmental program means— “(A) environmental compliance activities; “(B) conservation activities; and “(C) pollution prevention activities.” .
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. A title III § 314(a) · 136 Stat. 2395
1. Added · 10 U.S.C. § 2711
  Pub. L. 117–263 added subsecs. (a) to (c)
2. Struck · 10 U.S.C. § 2711
  Pub. L. 117–263 struck out former subsecs. (a) and (b) which related to report required and definitions, respectively
Source evidence
Code amendment note
Pub. L. 117–263 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to report required and definitions, respectively.
Enacted provision · exact public law section
(a) Environmental Report.— Section 2711 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) Report Required.— Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year. “(b) Elements.— Each report under subsection (a) shall include, for the year covered by the report, the following: “(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including— “(A) the total number of sites at which such program was carried out; “(B) the progress of remediation for sites that have not yet completed cleanup; “(C) the remaining cost to complete cleanup of known sites; and “(D) an assessment by the Secretary of Defense of the overall progress of such program. “(2) An assessment by the Secretary of achievements for environmental conservation and planning by the Department. “(3) An assessment by the Secretary of achievements for environmental compliance by the Department. “(4) An assessment by the Secretary of achievements for climate resiliency by the Department. “(5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department. “(c) Consolidation.— The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental restoration, compliance, and resilience.” .
2025
Pub. L. 119–60 § 311(1) · 139 Stat. 803
1. Substituted · 10 U.S.C. § 2711(b)(1)(C)
  Pub. L. 119–60, § 311(1), substituted “sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—” for “sites; and”
2. Added · 10 U.S.C. § 2711(b)(1)(C)
  Pub. L. 119–60, § 311(1), added cls. (i) and (ii)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(C). Pub. L. 119–60, § 311(1), substituted “sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—” for “sites; and” and added cls. (i) and (ii).
2025
Pub. L. 119–60 § 311(2) · 139 Stat. 803
Added · 10 U.S.C. § 2711(d)
Pub. L. 119–60, § 311(2), added subsec. (d)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 119–60, § 311(2), added subsec. (d).

3 of 6 references resolved to an enrolled provision · 3 unresolved

Editorial Notes

Amendments2022–2025 · 2 rounds

2025

Subsec. (b)(1)(C). Pub. L. 119–60, § 311(1), substituted “sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—” for “sites; and” and added cls. (i) and (ii).

Subsec. (d). Pub. L. 119–60, § 311(2), added subsec. (d).

2022

Pub. L. 117–263 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to report required and definitions, respectively.

Statutory Notes and Related Subsidiaries

Reporting on Lead Service Lines and Lead Plumbing

Pub. L. 117–263, div. B, title XXVIII, § 2853, Dec. 23, 2022, 136 Stat. 3009, provided that:

“(a)
Initial Report.—
Not later than January 1, 2025, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—
“(1)
a list of military installations (including Government-owned family housing facilities), military housing, and privatized military housing projects that, as of the date of the report, are being serviced by lead service lines or lead plumbing for the purposes of receiving drinking water;
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“(2)
an evaluation of whether military installations and privatized military housing projects are in compliance with the Lead and Copper Rule and, to the extent that such installations and projects are not in compliance, an identification of—
“(A)
the name and location of each such installation or project that is not in compliance; and
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“(B)
the timeline and plan for bringing each such installation or project into compliance; and
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“(3)
an identification of steps and resources needed to remove any remaining lead plumbing from military installations and housing.
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“(b)
Inclusion of Information in Annual Report.—
If, after reviewing the initial report required under subsection (a), the Secretary of Defense finds that any military installation or privatized family housing project is not in compliance with the Lead and Copper Rule, the Secretary shall include in the annual report on defense environmental programs required under section 2711 of title 10, United States Code, for each year after the year in which the initial report is submitted, an update on the efforts of the Secretary, including negotiations with privatized military family housing providers, to fully comply with the Lead and Copper Rule.”
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Credits

2011–2025 · 3 acts

2011Added Pub. L. 112–81, div. A, title III, § 317(a), Dec. 31, 2011, 125 Stat. 1359
2022amended Pub. L. 117–263, div. A, title III, § 314(a), Dec. 23, 2022, 136 Stat. 2503
2025Pub. L. 119–60, div. A, title III, § 311, Dec. 18, 2025, 139 Stat. 803.

Show as published

(Added Pub. L. 112–81, div. A, title III, § 317(a), Dec. 31, 2011, 125 Stat. 1359; amended Pub. L. 117–263, div. A, title III, § 314(a), Dec. 23, 2022, 136 Stat. 2503; Pub. L. 119–60, div. A, title III, § 311, Dec. 18, 2025, 139 Stat. 803.)