Sec. 1334. ENVIRONMENTAL EDUCATION OPPORTUNITIES PROGRAM

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## SEC. 1334 ENVIRONMENTAL EDUCATION OPPORTUNITIES PROGRAM **[**[10 U.S.C. 2701 note](/us/usc/t10/s2701)**]** ###

(a)Authority The Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, may establish a scholarship program in order to enable eligible individuals described in subsection

(d)to undertake the educational training or activities relating to environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup described in subsection

(b)at the institutions of higher education described in subsection (c). ###

(b)Educational Training or Activities ####

(1)The program established under subsection

(a)shall be limited to educational training or activities related to— #####

(A)site remediation; #####

(B)site characterization; #####

(C)hazardous waste management; #####

(D)hazardous waste reduction; #####

(E)recycling; #####

(F)process and materials engineering; #####

(G)training for positions related to environmental engineering, environmental sciences, or environmental project management (including training for management positions); and #####

(H)environmental engineering with respect to the construction of facilities to address the items described in subparagraphs

(A)through (G). ####

(2)The program established under subsection

(a)shall be limited to educational training or activities designed to enable individuals to achieve specialization in the following fields: #####

(A)Earth sciences. #####

(B)Chemistry. #####

(C)Chemical Engineering. #####

(D)Environmental engineering. #####

(E)Statistics. #####

(F)Toxicology. #####

(G)Industrial hygiene. #####

(H)Health physics. #####

(I)Environmental project management. ###

(c)Eligible Institutions of Higher Education Scholarship funds awarded under this section shall be used by individuals awarded scholarships to enable such individuals to attend institutions of higher education associated with hazardous substance research centers to enable such individuals to undertake a program of educational training or activities described in subsection

(b)that leads to an undergraduate degree, a graduate degree, or a degree or certificate that is supplemental to an academic degree. ###

(d)Eligible Individuals Individuals eligible for scholarships under the program established under subsection

(a)are the following: ####

(1)Any member of the Armed Forces who— #####

(A)was on active duty or full-time National Guard duty on September 30, 1990; #####

(B)during the 5-year period beginning on that date— ######

(i)is involuntarily separated (as defined in section 1141 of title 10, United States Code) from active duty or full-time National Guard duty; or ######

(ii)is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under section 1174a of title 10, United States Code, or the voluntary separation incentive program under section 1175 of that title; and #####

(C)is not entitled to retired or retainer pay incident to that separation. ####

(2)Any civilian employee of the Department of Energy or the Department of Defense (other than an employee referred to in paragraph (3)) who— #####

(A)is terminated or laid off from such employment during the five-year period beginning on September 30, 1990, as a result of reductions in defense-related spending (as determined by the appropriate Secretary); and #####

(B)is not entitled to retired or retainer pay incident to that termination or lay off. ####

(3)Any civilian employee of the Department of Defense whose employment at a military installation approved for closure or realignment under a base closure law is terminated as a result of such closure or realignment. ###

(e)Award of Scholarship ####

(1)#####

(A)The Secretary of Defense shall award scholarships under this section to such eligible individuals as the Secretary determines appropriate pursuant to regulations or policies promulgated by the Secretary. #####

(B)In awarding a scholarship under this section, the Secretary shall— ######

(i)take into consideration the extent to which the qualifications and experience of the individual applying for the scholarship prepared such individual for the educational training or activities to be undertaken; and ######

(ii)award a scholarship only to an eligible individual who has been accepted for enrollment in the institution of higher education described in subsection

(c)and providing the educational training or activities for which the scholarship assistance is sought. ####

(2)The Secretary of Defense shall determine the amount of the scholarships awarded under this section, except that the amount of scholarship assistance awarded to any individual under this section may not exceed— #####

(A)$10,000 in any 12-month period; and #####

(B)a total of $20,000. ###

(f)Application; Period for Submission ####

(1)Each individual desiring a scholarship under this section shall submit an application to the Secretary of Defense in such manner and containing or accompanied by such information as the Secretary may reasonably require. ####

(2)A member of the Armed Forces described in subsection (d)(1) who desires to apply for a scholarship under this section shall submit an application under this subsection not later than 180 days after the date of the separation of the member. In the case of members described in subsection (d)(1) who were separated before the date of the enactment of this Act, the Secretary shall accept applications from these members submitted during the 180-day period beginning on the date of the enactment of this Act. ####

(3)A civilian employee described in paragraph

(2)or

(3)of subsection

(d)who desires to apply for a scholarship under this section, but who receives no prior notice of such termination or lay off, may submit an application under this subsection at any time after such termination or lay off. A civilian employee described in paragraph

(1)or

(2)of subsection

(d)who receives a notice of termination or lay off shall submit an application not later than 180 days before the effective date of the termination or lay off. In the case of employees described in such paragraphs who were terminated or laid off before the date of the enactment of this Act, the Secretary shall accept applications from these employees submitted during the 180-day period beginning on the date of the enactment of this Act. ###

(g)Repayment ####

(1)Any individual receiving scholarship assistance from the Secretary of Defense under this section shall enter into an agreement with the Secretary under which the individual agrees to pay to the United States the total amount of the scholarship assistance provided to the individual by the Secretary under this section, plus interest at the rate prescribed in paragraph (4), if the individual does not complete the educational training or activities for which such assistance is provided. ####

(2)If an individual fails to pay to the United States the total amount required pursuant to paragraph (1), including the interest, at the rate prescribed in paragraph (4), the unpaid amount shall be recoverable by the United States from the individual or such individual's estate by— #####

(A)in the case of an individual who is an employee of the United States, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and #####

(B)such other method as is provided by law for the recovery of amounts owing to the United States. ####

(3)The Secretary of Defense may waive in whole or in part a required repayment under this subsection if the Secretary determines that the recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ####

(4)The total amount of scholarship assistance provided to an individual under this section, for purposes of repayment under this subsection, shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)). ###

(h)Coordination of Benefits Any scholarship assistance provided to an individual under this section shall be taken into account in determining the eligibility of the individual for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ###

(i)Report to Congress Not later than January 1, 1995, the Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall submit to the Congress a report describing the activities undertaken under the program authorized by subsection

(a)and containing recommendations for future activities under the program. ###

(j)Funding ####

(1)To carry out the scholarship program authorized by subsection (a), the Secretary of Defense may use the unobligated balance of funds made available pursuant to section 4451(k) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2701 note) for fiscal year 1993 for environmental scholarship and fellowship programs for the Department of Defense. ####

(2)The cost of carrying out the program authorized by subsection

(a)may not exceed $8,000,000 in any fiscal year. ###

(k)Definitions For purposes of this section: ####

(1)The term “**base closure law**” means the following: #####

(A)Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). #####

(B)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). ####

(2)The term “**hazardous substance research centers**” means the hazardous substance research centers described in section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such term includes the Great Plains and Rocky Mountain Hazardous Substance Research Center, the Northeast Hazardous Substance Research Center, the Great Lakes and Mid-Atlantic Hazardous Substance Research Center, the South and Southwest Hazardous Substance Research Center, and the Western Region Hazardous Substance Research Center. ####

(3)The term “**institution of higher education**” has the same meaning given such term in section 101 of the Higher Education Act of 1965.

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