Pub. L. 105-85, div. A, tit. III, subtit. C, sec. 349
PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRONMENTAL TECHNOLOGIES.
SEC. 349. PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRONMENTAL TECHNOLOGIES. (a) Authority.—Subject to subsection (b), the Secretary of Defense may enter into a partnership with one or more private entities to demonstrate and validate innovative environmental technologies. (b) Limitations.—The Secretary of Defense may enter into a partnership with respect to an environmental technology under subsection (a) only if— (1) any private entities participating in the partnership are selected through the use of competitive procedures; (2) the partnership provides for parties other than the Department of Defense to provide at least 50 percent of the funding required (not including in-kind contributions or preexisting investments); and (3) the Secretary determines that— (A) the technology has clear potential to be of significant value to the Department of Defense in its environmental remediation activities at a substantial number of Department of Defense sites; and (B) the technology would not be developed without the commitment of Department of Defense funds. (c) Evaluation Guidelines.—Before entering into a partnership with respect to an environmental technology under subsection (a), the Secretary of Defense shall give consideration to the following: (1) The potential for the technology to be used by the Department of Defense for environmental remediation. (2) The technical feasibility and maturity of the technology. (3) The adequacy of financial and management plans to demonstrate and validate the technology. (4) The costs and benefits to the Department of Defense of developing and using the technology. (5) The potential for commercialization of the technology. (6) The proposed arrangements for sharing the costs of the partnership through the use of resources outside the Department of Defense. (d) Funding.—Under a partnership entered into under subsection (a), the Secretary of Defense may provide funds to the partner or partners from appropriations available to the Department of Defense for environmental activities, for a period of up to five years. (e) Report.—In the annual report required under section 2706(a) of title 10, United States Code, the Secretary of Defense shall include the following information with respect to partnerships entered into under this section: (1) The number of such partnerships. (2) A description of the nature of the technology involved in each such partnership. (3) A list of all partners in such partnerships.111 STAT. 1691 (f) Coordination.—The Secretary of Defense shall ensure that the Department of Defense coordinates with the Administrator of the Environmental Protection Agency in any verification sponsored by the Department of technologies demonstrated and validated by a partnership entered into under this section. (g) Procedures.—The Secretary of Defense shall develop appropriate procedures to ensure that all Department of Defense funds committed to a partnership entered into under this section are expended for the purpose authorized in the partnership agreement. The Secretary may not enter into a partnership under this section until 30 days after the date on which a copy of such procedures is provided to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives. (h) Termination of Authority.—The authority to enter into agreements under subsection (a) shall terminate three years after the date of the enactment of this Act.