
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: 10USC2904]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
  CHAPTER 172--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
 
Sec. 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 14 members.
    (b)(1) The following persons shall be permanent members of the 
Advisory Board:
        (A) The Science Advisor to the President, or his designee.
        (B) The Administrator of the National Oceanic and Atmospheric 
    Administration, or his designee.

    (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 
not less than two and not more than four years.
    (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) 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.).

(Added Pub. L. 101-510, div. A, title XVIII, Sec. 1801(a)(1), Nov. 5, 
1990, 104 Stat. 1756; amended Pub. L. 102-190, div. A, title II, 
Sec. 257(b), Dec. 5, 1991, 105 Stat. 1331; Pub. L. 105-85, div. A, title 
III, Sec. 341, Nov. 18, 1997, 111 Stat. 1686; Pub. L. 106-398, Sec. 1 
[[div. A], title III, Sec. 313(a)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-55.)

                       References in Text

    The Ethics in Government Act of 1978, referred to in subsec. (h), is 
Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title I of the 
Act is set out in the Appendix to Title 5, Government Organization and 
Employees. For complete classification of this Act to the Code, see 
Short Title note set out under section 101 of Pub. L. 95-521 in the 
Appendix to Title 5 and Tables.


                               Amendments

    2000--Subsecs. (h), (i). Pub. L. 106-398 redesignated subsec. (i) as 
(h) and struck out former subsec. (h) which read as follows: ``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.''
    1997--Subsec. (b)(4). Pub. L. 105-85 substituted ``not less than two 
and not more than four'' for ``three years''.
    1991--Subsec. (a). Pub. L. 102-190, Sec. 257(b)(1), substituted ``14 
members'' for ``13 members''.
    Subsec. (b)(1). Pub. L. 102-190, Sec. 257(b)(2), added par. (1) and 
struck out former par. (1) which read as follows: ``The Science Advisor 
to the President, or his designee, shall be a permanent member of the 
Advisory Board.''


             Initial Appointments of Advisory Board Members

    Section 1801(b) of Pub. L. 101-510 directed Secretary of Defense and 
Secretary of Energy to make the appointments required by 10 U.S.C. 
2904(a) not later than 60 days after Nov. 5, 1990, and provided that up 
to one-half of the members originally appointed to the Strategic 
Environmental Research and Development Program Scientific Advisory Board 
could 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.


                  First Annual Report of Advisory Board

    Section 1801(d) of Pub. L. 101-510 directed that first annual report 
of the Strategic Environmental Research and Development Program 
Scientific Advisory Board be submitted not later than Mar. 15, 1992.


                     Termination of Advisory Boards

    Advisory boards established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a board established by the 
President or an officer of the Federal Government, such board is renewed 
by appropriate action prior to the expiration of such 2-year period, or 
in the case of a board established by the Congress, its duration is 
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 
5, Government Organization and Employees.
