§2904 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense and the Secretary of Energy must jointly create a Scientific Advisory Board for the Strategic Environmental Research and Development Program, with help from the EPA Administrator. The board must have between 6 and 14 members. Two permanent members are the Science Advisor to the President (or a designee) and the Administrator of NOAA (or a designee). Other members must be experts in fields like basic science, engineering, ocean and environmental science, education, research management, international and security affairs, health physics, health sciences, or social sciences. At least one member must represent environmental public interest groups and one must represent State governments. The heads of the National Academy of Sciences (with the National Academy of Engineering and the Institutes of Medicine), the Council on Environmental Quality, and the National Association of Governors must be asked to nominate candidates. Members serve 2-to-4 year terms. Members who are not federal employees are not treated as federal employees except for work-injury compensation (chapter 81 of title 5) and tort claims (chapter 171 of title 28). Each member must file a financial disclosure report under subchapter I of chapter 131 of title 5. The board must set its own rules, require a majority for a quorum, elect a chair each year, and meet at least four times a year. The Council must send the board any proposed research project over $1,000,000 for review, including cost estimates, and the board must give recommendations it thinks are appropriate. The board may also advise the Council on technologies, research, projects, programs, activities, funding, and on which environmental data and analysis tasks should be covered by the Council’s policies.

Title 10, §2904

Armed Forces — Source: USLM XML via OLRC

(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 subchapter I of chapter 131 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (h). Pub. L. 117–286 substituted “subchapter I of chapter 131 of title 5.” for “title I of the Ethics in Government Act of 1978 (5 U.S.C. App.).” 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, § 257(b)(1), substituted “14 members” for “13 members”. Subsec. (b)(1). Pub. L. 102–190, § 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.”

Statutory Notes and Related Subsidiaries

Initial Appointments of Advisory Board Members Pub. L. 101–510, div. A, title XVIII, § 1801(b), Nov. 5, 1990, 104 Stat. 1757, 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 Pub. L. 101–510, div. A, title XVIII, § 1801(d), Nov. 5, 1990, 104 Stat. 1758, 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 BoardsAdvisory 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 section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§2904 Strategic Environmental Research and Development Program Scientific Advisory Board