RAB funding.

[gkripke@Essential.ORG]

Posting from Gawain Kripke <gkripke@Essential.ORG>

To: Interested colleagues
From: Gawain Kripke, Friends of the Earth
RE: Funding for RABs.
Date: 7/18/95

The Senate Defense Authorization bill includes language related to the
funding and operations of restoration advisory boards (RABs). I attach a
transcription of the text in the bill and report (apologies for typos).

I'm trying to figure out how these changes would impact RAB operations and
how money would be dispensed. But my interpretation is that the language
will give base commanders more discretion about the use of funds and would
limiting technical assistance to expertise not available already through
Defense, contractor, state or local resources. These may be high hurdles 
to overcome. 

Please review the attached excerpts and let the conference know what you 
think. The Senate Defense Authorization bill has cleared the Armed 
Services Committee and is awaiting floor action. The House bill passed 
several weeks ago.

EXCERPT FROM SENATE DEFENSE AUTHORIZATION BILL

SEC. 323. Revision of authorities related to restoration advisory boards

(a) Regulations - Paragraph (2) of subsection (d) of section 2705 of 
title 10, United States Code, is amended to read as follows:
 "(2)(A) The Secretary shall prescribe regulations regarding the 
establishment of restorations advisory boards pursuant to this subsection.
 (B) The regulations shall set forth the following matters:
 (i) the functions of the boards.
 (ii) Funding for the boards.
 (iii) Accountability of the boards for expenditures of funds.
 (iv) The routine administrative expenses that may be paid pursuant 
to paragraph (3).
 (C) The issuance of regulations under subparagraph (A) shall not be a 
precondition to the establishment of restoration advisory boards under 
this subsection."

(b) Funding for Administrative Expenses.
Paragraph (3) of such subsection is amended to read as follows:
 "(3) The Secretary may authorize the commander of an installation to 
pay routine administrative expenses of a restoration advisory board 
established for that installation. Such payments shall be made from 
funds available under subsection (g)."

(c) Technical Assistance.
Such section is further amended by striking out subsection (e) and 
inserting in lieu thereof the following new subsection (e):
 "(c) Technical Assistance --
 (1) The Secretary may authorize the commander of an installation, 
upon request of the technical review committee or restoration advisory 
board for the installation, to obtain for the committee or advisory board, 
as the case may be, from private sector sources technical assistance for 
interpreting scientific and engineering issues with regard tot he nature 
of environmental hazards at the installation and the restoration 
activities proposed for or conducted at the installation. The commander 
of n installation shall use funds made available under subsection (g) 
for obtaining assistance under this paragraph.
 (2) The commander of an installation may obtain technical assistance 
for a technical review committee or restoration advisory board under 
paragraph (1) with respect to an installation only in the Federal, State, 
and local agencies responsible for overseeing environmental restoration 
at the installation, the contractors carrying out environmental 
restoration at the installation, and available Department of Defense 
personnel do not have the technical expertise necessary for achieving 
the objective for which the technical assistance is to be obtained."

(d) Funding
(1) Such section is further amended by adding at the end the following:
 "(g) Funding -- The Secretary shall, to the extent provided in 
appropriations Acts, make funds available under subsections (d)(3) and 
(e)(1) using funds in the following accounts:
 (1) In the case of a military installation not approved for closure 
pursuant to the base closure law, the Defense Environmental Restoration 
Account established under section 2703(a) of this title.
 (2) In the case of an installation approved for closure pursuant to 
such a law, the Department 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. 2686 note.)"
 (2)(A) Subject to subparagraph (B), the total amount of funds made 
available under section 2705(g) of title 10, United States code, as added 
by paragraph (1), for fiscal year 1996 may not exceed $4,000,000.
 (B) Amounts may not be made available under subsection (g) of 
such section 2705 until the Secretary of Defense prescribes the 
regulations required under subsection (d) of such section, as amended by 
subsection (a).

(e) Definition
Such section is further amended by adding at the following:
"(h) Definition.--In this section, the term 'base closure law' means the 
following:
 (1) Title II of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
 (2) 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).
 (3) Section 2687 of this title."

(f) Reports on Activities of Technical Review Committees and Restoration 
Advisory Boards.
Section 2706(a)(2) of title 10, United States Code, is amended by adding 
at the end the following:
 "(J) A statement of the activities, if any, of the technical review 
committee or restoration advisory board established for the installation 
under section 2705 of this title during the preceding fiscal year."

END EXCERPT

EXCERPT FROM SENATE REPORT 104-112 TO ACCOMPANY THE SENATE DEFENSE
AUTHORIZATION BILL

Section 323. Revision of authorities related to restoration advisory boards

The Department of Defense is developing a funding program for 
installation Restoration Advisory Boards, pursuant to 10 U.S.C. 2705. 
Section 2705 provided that RABs would be established to assist the 
Department with environmental restoration activities at military 
installations and to provide funding for local community members of RABs 
and existing technical review committees.

About 200 RABs have been established at operational and closing 
installations and Formerly Used Defense Sites. The RAB funding sources 
for local community member participation and for technical assistance are 
the Defense Environmental Restoration Account( DERA) and the Base 
REalignment and Closure Account (BRAC). Section 2705(e)(3)(B) provided 
for $7.5 million limit on available DERA and BRAC funds for RABs 
technical assistance in fiscal year 1995. Under Section 2705(d)(3) 
routine administrative expenses for RABs may be paid out of fund 
available for the operation and maintenance of an installation, 
without any limit on the amount of funds that may be expended for that 
purpose.

Section 2705 of title 10 has been amende to limit funding sources to 
BRAC and DERA, not to exceed $4 million. Technical assistance shall 
be provided through federal, state, and local agencies responsible for 
overseeing environmental restoration at the installation, or available 
Department of Defense personnel, unless those existing sources of 
technical expertise cannot serve the objective for which technical 
assistance is requested.

End Excerpt