
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: 10USC2902]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
  CHAPTER 172--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
 
Sec. 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 12 members as follows:
        (1) The Deputy Under Secretary of Defense for Science and 
    Technology.
        (2) The Vice Chairman of the Joint Chiefs of Staff.
        (3) The Deputy Under Secretary of Defense responsible for 
    environmental security.
        (4) The Assistant Secretary of Energy for Defense programs.
        (5) The Assistant Secretary of Energy responsible for 
    environmental restoration and waste management.
        (6) The Director of the Department of Energy Office of Science.
        (7) The Administrator of the Environmental Protection Agency.
        (8) One representative from each of the Army, Navy, Air Force, 
    and Coast Guard.
        (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 Secretary 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 report that contains the following:
            (A) A description of activities of the strategic 
        environmental research and development program carried out 
        during the fiscal year before the fiscal year in which the 
        report is prepared.
            (B) A general outline of the activities planned for the 
        program during the fiscal year in which the report is prepared.
            (C) A summary of projects continued from the fiscal year 
        before the fiscal year in which the report is prepared and 
        projects expected to be started during the fiscal year in which 
        the report is prepared and during the following fiscal year.
            (D) A summary of the actions of the Strategic Environmental 
        Research and Development Program Scientific Advisory Board 
        during the year preceding the year in which the report is 
        submitted and any recommendations, including recommendations on 
        program direction and legislation, that the Advisory Board 
        considers appropriate regarding the program.

        (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 
    National Science and Technology Council, 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;

        (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;
        (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, 
        nonpolluting, 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 of 
    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) 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).
    (g)(1) Not later than February 1 of each year, the Council shall 
submit to the Secretary of Defense the annual report prepared pursuant 
to subsection (d)(3).
    (2) Not later than March 15 of each year, the Secretary of Defense 
shall submit such annual report to Congress, along with such comments as 
the Secretary considers appropriate.

(Added Pub. L. 101-510, div. A, title XVIII, Sec. 1801(a)(1), Nov. 5, 
1990, 104 Stat. 1751; amended Pub. L. 102-190, div. A, title II, 
Sec. 257(a), title X, Sec. 1061(a)(19), Dec. 5, 1991, 105 Stat. 1331, 
1473; Pub. L. 102-484, div. A, title X, Sec. 1052(38), Oct. 23, 1992, 
106 Stat. 2501; Pub. L. 103-160, div. A, title II, Sec. 265(a), Nov. 30, 
1993, 107 Stat. 1611; Pub. L. 104-106, div. A, title II, Sec. 203(a)-
(b)(2), (c), Feb. 10, 1996, 110 Stat. 217, 218; Pub. L. 105-245, title 
III, Sec. 309(b)(2)(B), Oct. 7, 1998, 112 Stat. 1853; Pub. L. 106-65, 
div. A, title III, Sec. 324, Oct. 5, 1999, 113 Stat. 563; Pub. L. 106-
398, Sec. 1 [[div. A], title III, Sec. 313(b)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-55.)

                       References in Text

    The Stevenson-Wydler Technology Innovation Act of 1980, referred to 
in subsec. (e)(7), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as 
amended, which is classified generally to chapter 63 (Sec. 3701 et seq.) 
of Title 15, Commerce and Trade. For complete classification of this Act 
to the Code, see Short Title note set out under section 3701 of Title 15 
and Tables.


                               Amendments

    2000--Subsec. (d)(3)(D). Pub. L. 106-398 added subpar. (D).
    1999--Subsec. (b)(1). Pub. L. 106-65 substituted ``Deputy Under 
Secretary of Defense for Science and Technology'' for ``Director of 
Defense Research and Engineering''.
    1998--Subsec. (b)(6). Pub. L. 105-245 substituted ``Science'' for 
``Energy Research''.
    1996--Subsec. (b). Pub. L. 104-106, Sec. 203(a)(1), substituted 
``12'' for ``thirteen'' in introductory provisions.
    Subsec. (b)(3) to (7). Pub. L. 104-106, Sec. 203(a)(2), (3), 
redesignated pars. (4) to (8) as (3) to (7), respectively, and struck 
out former par. (3) which read as follows: ``The Assistant Secretary of 
the Air Force responsible for matters relating to space.''
    Subsec. (b)(8). Pub. L. 104-106, Sec. 203(a)(3), (4), redesignated 
par. (9) as (8) and struck out ``, who shall be nonvoting members'' 
after ``Coast Guard''. Former par. (8) redesignated (7).
    Subsec. (b)(9), (10). Pub. L. 104-106, Sec. 203(a)(3), redesignated 
pars. (9) and (10) as (8) and (9), respectively.
    Subsec. (d)(3). Pub. L. 104-106, Sec. 203(b)(1)(A), added par. (3) 
and struck out former par. (3) which read as follows: ``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.''
    Subsec. (d)(4). Pub. L. 104-106, Sec. 203(b)(1)(B), substituted 
``National Science and Technology Council'' for ``Federal Coordinating 
Council on Science, Engineering, and Technology''.
    Subsec. (e)(3). Pub. L. 104-106, Sec. 203(c), substituted ``national 
security programs'' for ``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''.
    Subsecs. (f), (g). Pub. L. 104-106, Sec. 203(b)(2), added subsec. 
(g), redesignated former subsec. (g) as (f), and struck out former 
subsec. (f) which authorized Secretaries of Defense and Energy to submit 
to the Council proposals for conducting environmental research under 
this chapter.
    Subsec. (h). Pub. L. 104-106, Sec. 203(b)(2)(A), struck out subsec. 
(h) which required Council to submit to Secretary of Defense and to 
Congress an annual report on annual five-year strategic environmental 
research and development plan.
    1993--Subsec. (b)(1) to (4). Pub. L. 103-160, Sec. 265(a)(1)-(3), 
redesignated pars. (2) to (4) as (1) to (3), respectively, added par. 
(4), and struck out former par. (1) which read as follows: ``The 
Assistant Secretary of Defense responsible for matters relating to 
production and logistics.''
    Subsec. (b)(6). Pub. L. 103-160, Sec. 265(a)(4), added par. (6) and 
struck out former par. (6) which read as follows: ``The Director of the 
Department of Energy Office of Environmental Restoration and Waste 
Management.''
    1992--Subsec. (b)(9). Pub. L. 102-484 substituted ``nonvoting'' for 
``non-voting''.
    1991--Subsec. (b). Pub. L. 102-190, Sec. 257(a)(1), substituted 
``thirteen'' for ``nine'' in introductory provisions.
    Subsec. (b)(9), (10). Pub. L. 102-190, Sec. 257(a)(2), (3), added 
par. (9) and redesignated former par. (9) as (10).
    Subsec. (f)(2)(A). Pub. L. 102-190, Sec. 1061(a)(19), substituted 
``department's'' for ``Department's''.


                    Effective Date of 1996 Amendment

    Section 203(b)(3) of Pub. L. 104-106 provided that: ``The amendments 
made by this subsection [amending this section] shall apply with respect 
to the annual report prepared during fiscal year 1997 and each fiscal 
year thereafter.''


First Annual Report of Strategic Environmental Research and Development 
                             Program Council

    Section 1801(c) of Pub. L. 101-510 provided that the first annual 
report required by former subsec. (h) of this section be submitted to 
Secretary of Defense, Secretary of Energy, and Administrator of the 
Environmental Protection Agency not later than Feb. 1, 1992, that the 
Strategic Environmental Research and Development Program Council conduct 
and include as part of report an assessment of advisability of, and 
various alternatives to, charging fees for information released, as 
required pursuant to section 2901(b)(3) of this title and subsecs. 
(e)(1), (2), and (g)(2)(I) [now (f)(2)(I)] of this section, to private 
sector entities operating for a profit, and that Secretary of Defense, 
Secretary of Energy, and Administrator of the Environmental Protection 
Agency submit to Congress any recommendations for changes in structure 
or personnel of Council that Secretaries and Administrator consider 
necessary to carry out environmental activities of strategic 
environmental research and development program.

                  Section Referred to in Other Sections

    This section is referred to in section 2904 of this title.
