
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2702]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2702. Research, development, and demonstration program

    (a) Program.--As part of the Defense Environmental Restoration 
Program, the Secretary of Defense shall carry out a program of research, 
development, and demonstration with respect to hazardous wastes. The 
program shall be carried out in consultation and cooperation with the 
Administrator and the advisory council established under section 
311(a)(5) of CERCLA. The program shall include research, development, 
and demonstration with respect to each of the following:
        (1) Means of reducing the quantities of hazardous waste 
    generated by activities and facilities under the jurisdiction of the 
    Secretary.
        (2) Methods of treatment, disposal, and management (including 
    recycling and detoxifying) of hazardous waste of the types and 
    quantities generated by current and former activities of the 
    Secretary and facilities currently and formerly under the 
    jurisdiction of the Secretary.
        (3) Identifying more cost-effective technologies for cleanup of 
    hazardous substances.
        (4) Toxicological data collection and methodology on risk of 
    exposure to hazardous waste generated by the Department of Defense.
        (5) The testing, evaluation, and field demonstration of any 
    innovative technology, processes, equipment, or related training 
    devices which may contribute to establishment of new methods to 
    control, contain, and treat hazardous substances, to be carried out 
    in consultation and cooperation with, and to the extent possible in 
    the same manner and standards as, testing, evaluation, and field 
    demonstration carried out by the Administrator, acting through the 
    office of technology demonstration of the Environmental Protection 
    Agency.

    (b) Special Permit.--The Administrator may use the authorities of 
section 3005(g) of the Solid Waste Disposal Act (42 U.S.C. 6925(g)) to 
issue a permit for testing and evaluation which receives support under 
this section.
    (c) Contracts and Grants.--The Secretary may enter into contracts 
and cooperative agreements with, and make grants to, universities, 
public and private profit and nonprofit entities, and other persons to 
carry out the research, development, and demonstration authorized under 
this section. Such contracts may be entered into only to the extent that 
appropriated funds are available for that purpose.
    (d) Information Collection and Dissemination.--
        (1) In general.--The Secretary shall develop, collect, evaluate, 
    and disseminate information related to the use (or potential use) of 
    the treatment, disposal, and management technologies that are 
    researched, developed, and demonstrated under this section.
        (2) Role of epa.--The functions of the Secretary under paragraph 
    (1) shall be carried out in cooperation and consultation with the 
    Administrator. To the extent appropriate and agreed upon by the 
    Administrator and the Secretary, the Administrator shall evaluate 
    and disseminate such information through the office of technology 
    demonstration of the Environmental Protection Agency.

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986, 100 
Stat. 1721.)

                       References in Text

    Section 311(a)(5) of CERCLA, referred to in subsec. (a), is 
classified to section 9660(a)(5) of Title 42, The Public Health and 
Welfare.


  Partnerships for Investment in Innovative Environmental Technologies

    Pub. L. 105-85, div. A, title III, Sec. 349, Nov. 18, 1997, 111 
Stat. 1690, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(4), 
Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(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.
    ``(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 Armed Services 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 [Nov. 18, 1997].''


 Agreements for Services of Other Agencies in Support of Environmental 
                        Technology Certification

    Pub. L. 105-85, div. A, title III, Sec. 342(d), Nov. 18, 1997, 111 
Stat. 1686, provided that: ``Not later than 90 days after the date of 
enactment of this Act [Nov. 18, 1997], the Secretary of Defense shall 
submit to Congress a report setting forth the guidelines established by 
the Secretary for reimbursement of State and local governments, and for 
cost-sharing between the Department of Defense, such governments, and 
vendors, under cooperative agreements entered into under such section 
327 [section 327 of Pub. L. 104-201, set out below].''
    Pub. L. 104-201, div. A, title III, Sec. 327, Sept. 23, 1996, 110 
Stat. 2483, as amended by Pub. L. 105-85, div. A, title III, 
Sec. 342(a)-(c), Nov. 18, 1997, 111 Stat. 1686, provided that:
    ``(a) Authority.--Subject to subsection (b), the Secretary of 
Defense may enter into a cooperative agreement with an agency of a State 
or local government, or with an Indian tribe, to obtain assistance in 
certifying environmental technologies.
    ``(b) Limitations.--The Secretary of Defense may enter into a 
cooperative agreement with respect to an environmental technology under 
subsection (a) only if the Secretary determines--
        ``(1) that the technology has clear potential to be of 
    significant value to the Department of Defense; and
        ``(2) that there is no reasonably available market in the 
    private sector for the technology without a certification by the 
    Department of Defense, the Environmental Protection Agency, or a 
    State environmental agency.
    ``(c) Types of Assistance.--The types of assistance that may be 
obtained under subsection (a) include the following:
        ``(1) Data collection and analysis.
        ``(2) Technical assistance in conducting a demonstration of an 
    environmental technology, including the implementation of quality 
    assurance and quality control programs.
    ``(d) 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 cooperative agreements entered 
into under this section:
        ``(1) The number of such agreements.
        ``(2) The number of States in which such agreements have been 
    entered into.
        ``(3) A description of the nature of the technology involved in 
    each such agreement.
        ``(4) The amount of funds obligated or expended by the 
    Department of Defense for each such agreement during the year 
    covered by the report.
        ``(5) A statement of the funding that will be required to meet 
    commitments made to State and local governments and Indian tribes 
    under such agreements entered into during the fiscal year preceding 
    the fiscal year in which the report is submitted.
        ``(6) A description of any cost-sharing arrangement under any 
    such agreements.
    ``(e) Definition.--In this section, the term `Indian tribe' has the 
meaning given that term by section 101(36) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(36)).
    ``(f) Termination of Authority.--The authority provided under 
subsection (a) shall terminate five years after the date of the 
enactment of this Act [Sept. 23, 1996].''
    [Pub. L. 105-85, div. A, title III, Sec. 342(e), Nov. 18, 1997, 111 
Stat. 1686, provided that: ``The amendments made by this section 
[amending section 327 of Pub. L. 104-201, set out above] shall take 
effect 30 days after the date on which the report required by subsection 
(d) [set out above] is submitted to Congress.'']
