STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM

SEC. 1801. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM (a) Program Required.— (1) Title 10, United States Code, is amended by inserting after chapter 171 the following new chapter: “CHAPTER 172— STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM “Sec. “2901. Strategic Environmental Research and Development Program. “2902. Strategic Environmental Research and Development Program Council. “2903. Executive Director. “2904. Strategic Environmental Research and Development Program Scientific Advisory Board. 104 STAT. 1751 “§ 2901. Strategic Environmental Research and Development Program “(a) The Secretary of Defense shall establish a program to be known as the ‘Strategic Environmental Research and Development Program’. “(b) The purposes of the program are as follows: “(1) To address environmental matters of concern to the Department of Defense and the Department of Energy through support for basic and applied research and development of technologies that can enhance the capabilities of the departments to meet their environmental obligations. “(2) To identify research, technologies, and other information developed by the Department of Defense and the Department of Energy for national defense purposes that would be useful to governmental and private organizations involved in the development of energy technologies and of technologies to address environmental restoration, waste minimization, hazardous waste substitution, and other environmental concerns, and to share such research, technologies, and other information with such governmental and private organizations. “(3) To furnish other governmental organizations and private organizations with data, enhanced data collection capabilities, and enhanced analytical capabilities for use by such organizations in the conduct of environmental research, including research concerning global environmental change. “(4) To identify technologies developed by the private sector that are useful for Department of Defense and Department of Energy defense activities concerning environmental restoration, hazardous and solid waste minimization and prevention, hazardous material substitution, and provide for the use of such technologies in the conduct of such activities. “§ 2902. Strategic Environmental Research and Development Program Council “(a) There is a Strategic Environmental Research and Development Program Council (hereinafter in this chapter referred to as the ‘Council’). “(b) The Council is composed of nine members as follows: “(1) The Assistant Secretary of Defense responsible for matters relating to production and logistics. “(2) The Director of Defense Research and Engineering. “(3) The Vice Chairman of the Joint Chiefs of Staff. “(4) The Assistant Secretary of the Air Force responsible for matters relating to space. “(5) The Assistant Secretary of Energy for Defense programs. “(6) The Director of the Department of Energy Office of Environmental Restoration and Waste Management. “(7) The Director of the Department of Energy Office of Energy Research. “(8) The Administrator of the Environmental Protection Agency. “(9) The Executive Director of the Council (appointed pursuant to section 2903 of this title), who shall be a nonvoting member. “(c) The Secretary of Defense shall designate a member of the Council as chairman for each odd numbered fiscal year. The Sec-104 STAT. 1752retary of Energy shall designate a member of the Council as chairman for each even-numbered fiscal year. “(d) The Council shall have the following responsibilities: “(1) To prescribe policies and procedures to implement the Strategic Environmental Research and Development Program. “(2) To enter into contracts, grants, and other financial arrangements, in accordance with other applicable law, to carry out the purposes of the Strategic Environmental Research and Development Program. “(3) To prepare an annual five-year strategic environmental research and development plan that shall cover the fiscal year in which the plan is prepared and the four fiscal years following such fiscal year. “(4) To promote the maximum exchange of information, and to minimize duplication, regarding environmentally related research, development, and demonstration activities through close coordination with the military departments and Defense Agencies, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, other departments and agencies of the Federal Government or any State and local governments, including the Federal Coordinating Council on Science, Engineering, and Technology, and other organizations engaged in such activities. “(5) To ensure that research and development activities under the Strategic Environmental Research and Development Program do not duplicate other ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, or any other department or agency of the Federal Government. “(6) To ensure that the research and development programs identified for support pursuant to policies and procedures prescribed by the council utilize, to the maximum extent possible, the talents, skills, and abilities residing at the Federal laboratories, including the Department of Energy multiprogram and defense laboratories, the Department of Defense laboratories, and Federal contract research centers. To utilize the research capabilities of institutions of higher education and private industry to the extent practicable. “(e) In carrying out subsection (d)(1), the Council shall prescribe policies and procedures that— “(1) provide for appropriate access by Federal Government personnel, State and local government personnel, college and university personnel, industry personnel, and the general public to data under the control of, or otherwise available to, the Department of Defense that is relevant to environmental matters by— “(A) identifying the sources of such data; “(B) publicizing the availability and sources of such data by appropriately-targeted dissemination of information to such personnel and the general public, and by other means; and “(C) providing for review of classified data relevant to environmental matters with a view to declassifying or preparing unclassified summaries of such data; 104 STAT. 1753 “(2) provide governmental and nongovernmental entities with analytic assistance, consistent with national defense missions, including access to military platforms for sensor deployment and access to computer capabilities, in order to facilitate environmental research; “(3) provide for the identification of energy technologies developed for national defense purposes (including electricity generation systems, energy storage systems, alternative fuels, biomass energy technology, and applied materials technology) that might have environmentally sound, energy efficient applications for other programs of the Department of Defense and the Department of Energy national security programs, particularly technologies that have the potential for industrial, commercial, and other governmental applications, and to support programs of research in and development of such applications; “(4) provide for the identification and support of programs of basic and applied research, development, and demonstration in technologies useful— “(A) to facilitate environmental compliance, remediation, and restoration activities of the Department of Defense and at Department of Energy defense facilities; “(B) to minimize waste generation, including reduction at the source, by such departments; or “(C) to substitute use of nonhazardous, nontoxic, non-polluting, and other environmentally sound materials and substances for use of hazardous, toxic, and polluting materials and substances by such departments; “(5) provide for the identification and support of research, development, and application of other technologies developed for national defense purposes which not only are directly useful for programs, projects, and activities of such departments, but also have useful applications for solutions to such national and international environmental problems as climate change and ozone depletion; “(6) provide for the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency, in cooperation with other Federal and State agencies, as appropriate, to conduct joint research, development, and demonstration projects relating to innovative technologies, management practices, and other approaches for purposes of— “(A) preventing pollution from all sources; “(B) minimizing hazardous and solid waste, including recycling; and “(C) treating hazardous and solid waste, including the use of thermal, chemical, and biological treatment technologies; “(7) encourage transfer of technologies referred to in clauses (2) through (6) to the private sector under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) and other applicable laws; “(8) provide for the identification of, and planning for the demonstration and use of, existing environmentally sound, energy-efficient technologies developed by the private sector that could be used directly by the Department of Defense; “(9) provide for the identification of military specifications that prevent or limit the use of environmentally beneficial technologies, materials, and substances in the performance of104 STAT. 1754 Department of Defense contracts and recommend changes to such specifications; and “(10) to ensure that the research and development programs identified for support pursuant to the policies and procedures prescribed by the Council are closely coordinated with, and do not duplicate, ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, or other Federal agencies. “(f) (1) To assist the Council in preparing the five-year strategic environmental research and development plan under subsection (d)(3), the Secretary of Defense and the Secretary of Energy may each submit to the Council a proposal for conducting environmental research under this chapter. The Secretary of each department shall ensure that the environmental research proposal of the department includes— “(A) short- and long-term, cooperative, basic, and applied research systems engineering and development programs in environmental research; “(B) short- and long-term, basic research in environmental restoration at the respective laboratories of each department; and “(C) participation by industry and institutions of higher education. “(2) The Secretary of each department shall ensure that, in the development of its environmental research proposal, consideration is given to— “(A) the need for increased research in basic science, including basic materials, physics, molecular structures, chemistry, and biology related to environmental research at that Department’s defense operations, production, research, and maintenance facilities; and “(B) ways to identify and conduct research and development on technologies for environmental restoration, remediation and waste cleanup activities, waste minimization, and hazardous and toxic materials substitution potential in defense production and maintenance activities. “(3) The Secretary of each department shall transmit the proposal to the Council not later than July 1 of each year. “(g) The Council shall be subject to the authority, direction, and control of the Secretary of Defense in prescribing policies and procedures under subsection (d)(1). “(h) (1) Not later than February 1 of each year, the Council shall submit to the Secretary of Defense an annual report on the annual five-year strategic environmental research and development plan prepared pursuant to subsection (d)(3). “(2) The report shall contain the following: “(A) A description of the actions to be taken during the five-year period covered by the plan in order to prevent duplication of research and development activities referred to in the policies and procedures prescribed pursuant to subsection (d)(1). “(B) A description of the involvement with Federal inter-agency coordinating entities such as the Federal Coordinating Council on Science, Engineering, and Technology. 104 STAT. 1755 “(C) A description of each project selected or recommended by the Council for support and funding, including the duration of, and the total estimated or (if known) actual cost of— “(i) each such project supported during the fiscal year in which the plan is submitted and the preceding fiscal year; and “(ii) each such project proposed for funding during the fiscal year in which the annual report is submitted and the following four fiscal years. “(D) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year in which the annual report is submitted, for the programs, projects, and activities of the Strategic Environmental Research and Development Program and the estimated expenditures under such programs, projects, and activities during such following fiscal year. “(E) The amount requested in such budget for each Federal laboratory, including each Department of Defense and Department of Energy laboratory. “(F) The amount made available, for the fiscal year in which the annual report is submitted, to each Federal laboratory, including each Department of Defense and Department of Energy laboratory. “(G) A description of any changes in military specifications recommended by the Council, actions to be taken to effectuate any such recommended changes on an expedited basis, and the projected date for each such change. “(H) A description of all contracts, agreements, or other documents for cooperative research and development activities entered into pursuant to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) during the fiscal year preceding the fiscal year in which the annual report is submitted. “(I) Plans for transferring technology and information to other governmental agencies and to nongovernmental organizations involved in environmental research and related matters. “(J) A description of plans to increase access to data described in subsection (e)(i). “(K) Such additional recommendations or proposals, including proposals for legislation, relating to the Strategic Environmental Research and Development Program as the Council considers appropriate. “(3) The Council shall make a draft of the five-year strategic environmental research and development plan covered by each report available for public comment for a period of at least 30 days. “(4) Not later than March 15 of each year the Secretary of Defense and the Secretary of Energy shall transmit the annual report to the Congress. The Secretary of Defense and the Secretary of Energy may submit such comments on the annual report as each Secretary considers appropriate. “§ 2903. Executive Director “(a) There shall be an Executive Director of the Council appointed by the Secretary of Defense after consultation with the Secretary of Energy. “(b) Subject to the authority, direction, and control of the Secretary of Defense, the Executive Director is responsible for the104 STAT. 1756 management of the Strategic Environmental Research and Development Program in accordance with the policies established by the Council. “(c) The Executive Director may enter into contracts or other agreements in accordance with applicable law, except that the Executive Director shall first obtain the approval of the Council for any contract or agreement in an amount equal to or in excess of $500,000 or such lesser amount as the Council may prescribe. “(d) (1) The Executive Director, with the concurrence of the Council, may appoint such professional and clerical staff as may be necessary to carry out the responsibilities and policies of the Council. “(2) The Executive Director, with the concurrence of the Council and without regard to the provisions of chapter 51 of title 5 and subchapter III of chapter 53 of such title, may establish the rates of basic pay for professional, scientific, and technical employees appointed pursuant to paragraph (1). The authority provided in the preceding sentence shall expire two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991. “§ 2904. Strategic Environmental Research and Development Program Scientific Advisory Board “(a) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall jointly appoint a Strategic Environmental Research and Development Program Scientific Advisory Board (hereafter in this section referred to as the ‘Advisory Board’) consisting of not less than six and not more than 13 members. “(b) (1) The Science Advisor to the President, or his designee, shall be a permanent member of the Advisory Board. “(2) Other members of the Advisory Board shall be appointed from among persons eminent in the fields of basic sciences, engineering, ocean and environmental sciences, education, research management, international and security affairs, health physics, health sciences, or social sciences, with due regard given to the equitable representation of scientists and engineers who are women or who represent minority groups. At least one member of the Advisory Board shall be a representative of environmental public interest groups and one member shall be a representative of the interests of State governments. “(3) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall request— “(A) that the head of the National Academy of Sciences, in consultation with the head of the National Academy of Engineering and the head of the Institutes of Medicine of the National Academy of Sciences, nominate persons for appointment to the Advisory Board; “(B) that the Council on Environmental Quality nominate for appointment to the Advisory Board at least one person who is a representative of environmental public interest groups; and “(C) that the National Association of Governors nominate for appointment to the Advisory Board at least one person who is representative of the interests of State governments. “(4) Members of the Advisory Board shall be appointed for terms of three years. 104 STAT. 1757 “(c) A member of the Advisory Board who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee, except for the purposes of chapter 81 of title 5 (relating to compensation for work-related injuries) and chapter 171 of title 28 (relating to tort claims). “(d) The Advisory Board shall prescribe procedures for carrying out its responsibilities. Such procedures shall define a quorum as a majority of the members, provide for annual election of the Chairman by the members of the Advisory Board, and require at least four meetings of the Advisory Board each year. “(e) The Council shall refer to the Advisory Board, and the Advisory Board shall review, each proposed research project including its estimated cost, for research in and development of technologies related to environmental activities in excess of $1,000,000. The Advisory Board shall make any recommendations to the Council that the Advisory Board considers appropriate regarding such project or proposal. “(f) The Advisory Board may make recommendations to the Council regarding technologies, research, projects, programs, activities, and, if appropriate, funding within the scope of the Strategic Environmental Research and Development Program. “(g) The Advisory Board shall assist and advise the Council in identifying the environmental data and analytical assistance activities that should be covered by the policies and procedures prescribed pursuant to section 2902(d)(1) of this title. “(h) Not later than March 15 of each year, the Advisory Board shall submit to the Congress an annual report setting forth its actions during the year preceding the year in which the report is submitted and any recommendations, including recommendations on projects, programs, and information exchange and recommendations for legislation, that the Advisory Board considers appropriate regarding the Strategic Environmental Research and Development Program. “(i) Each member of the Advisory Board shall be required to file a financial disclosure report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.).”. (2) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 171 the following: “172. Strategic Environmental Research and Development Program 2901”. (b) Initial Appointments of Advisory Board Members.— (1) The Secretary of Defense and the Secretary of Energy shall make the appointments required by section 2904(a) of title 10, United States Code (as added by subsection (a)(1)), not later than 60 days after the date of the enactment of this Act. (2) Up to one-half of the members originally appointed to the Strategic Environmental Research and Development Program Scientific Advisory Board established under section 2904 of title 10, United States Code, as added by subsection (a)(1), may be appointed for terms of not more than six and not less than two years in order to provide for staggered expiration of the terms of members. The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall designate the members appointed for terms authorized under this paragraph and shall specify the terms for which such members are appointed. 104 STAT. 1758 (c) First Annual Report of the Strategic Environmental Research and Development Program Council.— (1) The first annual report required by section 2902(h) of title 10, United States Code, as added by subsection (a)(1), shall be submitted to the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency not later than February 1, 1992. (2) The Strategic Environmental Research and Development Program Council shall conduct and include as part of the first annual report required pursuant to section 2902(h) of title 10, United States Code, as added by subsection (a)(1), an assessment of the advisability of, and various alternatives to, charging fees for information released, as required pursuant to sections 2901(b)(3), 2902(e)(1) and (2), and 2902(g)(2)(I) of such title (as so added), to private sector entities operating for a profit. (3) The Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency shall submit to the Congress, with the annual report referred to in paragraph (1), any recommendations for changes in the structure or personnel of the Council that the Secretaries and the Administrator consider necessary to carry out the environmental activities of the strategic environmental research and development program. (d) First Annual Report of the Strategic Environmental Research and Development Program Scientific Advisory Board.— The first annual report of the Strategic Environmental Research and Development Program Scientific Advisory Board required by section 2904(h) of title 10, United States Code, as added by subsection (a)(1), shall be submitted not later than March 15, 1992.