123STA T . 22 49PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 SEC.316 . PRO C U RE M E NTA N D USE O F MUN I TIONS. TheS e cr e ta r yofD efe ns e sha l l —(1)i n m a k in gd ecisions w ith res p ect to the proc u rement of munitions , de v elop methods to account for the full life - cycle costs of munitions, including the effects of failure rates on the cost of disposal
( 2 ) undertake a review of live-fire practices for the purpose of reducing une x ploded ordnance and munitions-constituent contamination without impeding military readiness; and ( 3 ) not later than 1 80 days after the date of the enactment of this A ct, su b mit to C ongress a report on the methods devel- oped pursuant to this section and the progress of the live- fire review and recommendations for reducing the life-cycle costs of munitions, unexploded ordnance, and munitions-con- stituent contamination . SEC. 31 7 . PRO H I B ITION ON DISPOSIN G OF W ASTE IN OPEN - AIR BURN PITS. (a) REGULATIONS .— (1) I N GENE R AL.— N ot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations prohibiting the disposal of covered waste in open-air burn pits during contingency operations except in circumstances in which the Secretary determines that no alter- native disposal method is feasible. Such regulations shall apply to contingency operations that are ongoing as of the date of the enactment of this Act, including O peration Ira q i F reedom and Operation E nduring Freedom, and to contingency oper- ations that begin after the date of the enactment of this Act. (2) NOTI F I C ATION.—In determining that no alternative dis- posal method is feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the Secretary shall— (A) not later than 30 days after such determination is made, submit to the Committees on Armed Services of the Senate and H ouse of Representatives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and ( B ) after notice is given under subparagraph (A), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Representatives the j ustifica- tions of the Secretary for continuing to operate such open- air burn pit. (b) RE P ORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of open-air burn pits by the U nited States Armed Forces. Such report shall include— (1) an explanation of the situations and circumstances under which open-air burn pits are used to dispose of waste during military exercises and operations worldwide; (2) a detailed description of the types of waste authori z ed to be burned in open-air burn pits; (3) a plan through which the Secretary intends to develop and implement alternatives to the use of open-air burn pits; Timep e r i ods.Sub missio n . D e a d l ine. A ppli c abili ty . Deadline. Determination. 10U S C27 01 note. Deadlines. R eports. Re v ie w . M et h ods.
