§ 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, § 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.

     Pub. L. 105–85, div. A, title III, § 349, Nov. 18, 1997, 111 Stat. 1690, as amended by Pub. L. 106–65, div. A, title X, § 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]."

     Pub. L. 105–85, div. A, title III, § 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, § 327, Sept. 23, 1996, 110 Stat. 2483, as amended by Pub. L. 105–85, div. A, title III, § 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, § 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."]