[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2223 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2223

 To amend title 10, United States Code, to authorize the Secretary of 
   Defense to provide assistance to promote public participation in 
             defense environmental restoration activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 21 (legislative day, June 7), 1994

Mr. Kohl (for himself and Mr. Feingold) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to authorize the Secretary of 
   Defense to provide assistance to promote public participation in 
             defense environmental restoration activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL 
              RESTORATION ACTIVITIES.

    (a) Establishment of Restoration Advisory Boards.--Section 2705 of 
title 10, United States Code, is amended by adding after subsection (c) 
the following:
    ``(d) Restoration Advisory Board.--In lieu of establishing a 
technical review committee under subsection (c), the Secretary may 
permit the establishment of a restoration advisory board in connection 
with any installation (or group of nearby installations) where the 
Secretary is planning or implementing environmental restoration 
activities. The Secretary shall prescribe regulations regarding the 
characteristics, composition, and establishment of restoration advisory 
boards pursuant to this subsection. The Secretary shall provide for the 
payment of routine administrative expenses of a restoration advisory 
board from funds available for the operation and maintenance of the 
installation (or installations) for which the board is established.''.
    (b) Assistance for Citizen Participation on Technical Review Boards 
and Restoration Advisory Boards.--Such section is further amended by 
adding after subsection (d), as added by subsection (a), the following:
    ``(e) Assistance for Citizen Participation.--(1)(A) Subject to 
subparagraph (B), the Secretary shall make grants using amounts 
available under paragraph (5) to facilitate the participation of 
individuals from the private sector on technical review committees and 
restoration advisory boards for the purpose of ensuring public input 
into the planning and implementation of environmental restoration 
activities at installations where such committees and boards are in 
operation. Such grants shall be made through an appropriate trustee 
selected pursuant to regulations prescribed by the Secretary for that 
purpose.
    ``(B) A committee or advisory board for an installation is eligible 
for grants under this subsection only if the committee or board is 
composed of individuals from the private sector who reside in a 
community in the vicinity of the installation and who are not 
potentially responsible parties with respect to environmental hazards 
at the installation.
    ``(2) Individuals who are local community members of a technical 
review committee or restoration advisory board may use a grant awarded 
under this subsection only--
            ``(A) to obtain technical assistance in interpreting 
        scientific and engineering issues with regard to the nature of 
        environmental hazards at an installation and the restoration 
        activities proposed or conducted at the installation; and
            ``(B) to assist such members and affected citizens to 
        participate more effectively in environmental restoration 
        activities at the installation.
    ``(3) The members of a technical review committee or technical 
advisory board may, in the sole discretion of such members, employ 
technical or other experts.
    ``(4) The total amount of funds to be provided under this 
subsection in a fiscal year to a technical review committee or 
restoration advisory board established for a particular installation 
(or group of installations) may not exceed the lesser of--
            ``(A) one tenth of one percent of the total cost of 
        environmental restoration activities at the installation (or 
        group of installations); or
            ``(B) $100,000.
    ``(5)(A) Subject to subparagraph (B), the Secretary shall make 
grants under this subsection using funds in the following accounts:
            ``(i) The Defense Environmental Restoration Account 
        established in section 2703(a) of this title.
            ``(ii) In the case of a technical review committee or 
        restoration advisory board established for a military 
        installation to be closed or realigned, the Department of 
        Defense Base Closure Account 1990 established under section 
        2906(a) of the Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
    ``(B) The total amount of funds available for grants under this 
subsection for a fiscal year may not exceed the lesser of--
            ``(i) one quarter of one percent of the appropriated funds 
        available to the Secretary through the accounts referred to in 
        subparagraph (A); or
            ``(ii) $7,500,000.''.
    (c) Involvement of Committees and Boards in Defense Environmental 
Restoration Program.--Such section is further amended by adding after 
subsection (e), as added by subsection (b), the following:
    ``(f) Involvement in Defense Environmental Restoration Program.--If 
a technical review committee or restoration advisory board is 
established with respect to an installation, the Secretary shall 
consult with and seek the advice of the committee or board on the 
following issues:
            ``(1) Identifying environmental restoration activities and 
        projects at the installation.
            ``(2) Monitoring progress on these activities and projects.
            ``(3) Collecting information regarding restoration 
        priorities for the installation.
            ``(4) Addressing land use, level of restoration, acceptable 
        risk, and waste management and technology development issues 
        related to environmental restoration at the installation.
            ``(5) Developing environmental restoration strategies for 
        the installation.''.
    (d) Implementation Requirements.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall--
            (1) prescribe the regulations required under subsections 
        (d) and (e)(1) of title 10, United States Code, as added by 
        this section; and
            (2) take appropriate actions to notify the public of the 
        availability of technical assistance grants under subsection 
        (e) of such section, as so added.

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