[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 425 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                  S. 425

      To establish the National Environmental Technologies Agency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 24 (legislative day, January 5), 1993

 Ms. Mikulski introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
      To establish the National Environmental Technologies Agency.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Environmental Technologies 
Agency Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) environmental problems facing the world pose a threat 
        to the environmental security of the United States and other 
        nations;
            (2) the causes of many of environmental problems lie in the 
        use of environmentally damaging technologies in areas such as 
        transportation, energy production, industrial manufacturing, 
        and product use;
            (3) the development and deployment of environmentally safe 
        technologies will both enhance the nations environmental 
        security and the economic standing of the Nation in the world's 
        market place; and
            (4) the Federal Government should play a significant role 
        in enhancing the Nation's environmental security by--
                    (A) facilitating the development and deployment of 
                environmentally safe technologies that provide 
                solutions to environmental problems; and
                    (B) assisting in the diffusion of knowledge of 
                environmentally safe technologies throughout the 
                Nation.
    (b) Purpose.--It is the purpose of this Act to assist the efforts 
of private industry, universities, nonprofit research centers, and 
government laboratories to provide environmentally safe technical 
solutions to problems threatening the Nation's environmental security 
and, in the process, to help the Nation's competitiveness.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Environmental Technologies Agency;
            (2) the term ``Advisory Council'' means the Industry and 
        Academia Advisory Council established by section 5;
            (3) the term ``Agency'' means the National Environmental 
        Technologies Agency established by section 4; and
            (4) the term ``Fund'' means the Critical Technologies 
        Revolving Fund established by section 9.

SEC. 4. ESTABLISHMENT OF AGENCY.

    (a) Establishment.--There is established as an independent 
establishment of the United States the National Environmental 
Technologies Agency.
    (b) Administrator.--(1) The Agency shall be headed by the 
Administrator of the National Environmental Technologies Agency, who 
shall be appointed by the President, with the advice and consent of the 
Senate.
    (2) Section 5313 of title 5, United States Code, is amended by 
adding at the end the following new item:
            ``Administrator, National Environmental Technologies 
        Agency.''.
    (c) Staff.--The Administrator may appoint a staff of professionals 
with skills in the area of program definition and management and such 
support staff as the Administrator determines to be necessary, of which 
no more than 3 may be in positions of confidential or policy-making 
character.
    (d) Functions.--It shall be the function of the Agency to--
            (1) coordinate planning by the departments, agencies, and 
        independent establishments of the United States relating to 
        restoration and protection of the environment;
            (2) identify areas that--
                    (A) need technical solutions to maintain the 
                environmental security of the Nation;
                    (B) are not receiving the long-term product-
                oriented research that is necessary to meet those 
                needs; and
                    (C) exhibit the greatest promise for the successful 
                development of solutions;
            (3) support and assist the development of technology having 
        potential future application in the restoration and protection 
        of the environment;
            (4) coordinate among the departments, agencies, independent 
        establishments of the United States and the private sector the 
        exchange of technological information relating to restoration 
        and protection of the environment;
            (5) support continuing research and development of advanced 
        technologies by industrial, academic, and governmental and 
        nongovernmental entities;
            (6) monitor on a continuing basis the research and 
        development being conducted on advanced technologies by private 
        industry in the United States; and
            (7) promote continuing development of a technological 
        industrial base in the United States.
    (e) Interagency Advisory Committee.--(1) There is established an 
interagency advisory committee composed of--
            (A) the Administrator of the Environmental Protection 
        Agency, who shall be chair of the committee;
            (B) the Director of the Office of Science and Technology 
        Policy, or the Director's designee;
            (C) the Secretary of Energy, or the Secretary's designee;
            (D) the Secretary of Commerce, or the Secretary's designee;
            (E) the Secretary of State, or the Secretary's designee;
            (F) the Secretary of Defense, or the Secretary's designee; 
        and
            (G) the Administrator of the National Aeronautics and Space 
        Administration, or the Administrator's designee.
    (2) The interagency advisory committee shall advise and provide 
information to the Agency with respect to the needs and concerns of 
their agencies in the field of environmental technologies.

SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL.

    (a) Establishment.--There is established the Industry and Academia 
Advisory Council.
    (b) Membership.--(1) The Advisory Council shall consist of 9 
members appointed by the Administrator, at least 5 of whom shall be 
from United States industry.
    (2) The persons appointed as members of the Advisory Council--
            (A) shall be eminent in fields such as business, research, 
        new product development, engineering, labor, education, 
        management consulting, environment, and international 
        relations;
            (B) shall be selected solely on the basis of established 
        records of distinguished service; and
            (C) shall not be employees of the Federal Government.
    (3) In making appointments of persons as members of the Advisory 
Council, the Administrator shall give due consideration to any 
recommendations that may be submitted to the Director by the National 
Academies, professional societies, business associations, labor 
associations, and other appropriate organizations.
    (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of 
a member of the Advisory Council shall be 3 years.
    (B) A member appointed to fill a vacancy occurring prior to the 
expiration of the term for which the member's predecessor was appointed 
shall be appointed for the remainder of that term.
    (C) A member who has completed 2 consecutive full terms on the 
Advisory Council shall not be eligible for reappointment until 1 year 
after the expiration of the second such term.
    (2) The initial members of the Advisory Council shall be appointed 
to 3 classes of 3 members each, one class having a term of 1 year, one 
a term of 2 years, and one a term of 3 years.
    (3)(A) The Advisory Council shall meet at least quarterly at the 
call of the chair or whenever one-third of the members so request in 
writing.
    (B) A majority of the members of the council not having a conflict 
of interest in a matter under consideration by the Advisory Council 
shall constitute a quorum.
    (C) Each member shall be given appropriate notice of a meeting of 
the Advisory Council, not less than 15 days prior to any meeting, if 
possible.
    (4)(A) The Advisory Council shall appoint from among its members a 
person to serve as chair and a person to serve as vice chair.
    (B) The vice chair of the Advisory Council shall perform the duties 
of the chair in the absence of the chair.
    (5) The Advisory Council shall review and make recommendations 
regarding general policy for the Agency, its organization, its budget, 
and its programs within the framework of national policies set forth by 
the President and the Congress.

SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR.

    (a) Authority.--In carrying out the functions of the Agency, the 
Administrator may--
            (1) enter into, perform, and guarantee contracts, leases, 
        grants, and cooperative agreements with any department, agency, 
        or independent establishment of the United States or with any 
        person;
            (2) use the services, equipment, personnel, or facilities 
        of any other department, agency, or independent establishment 
        of the United States, with the consent of the head of the 
        department, agency, or independent establishment and with or 
        without reimbursement, and cooperate with public and private 
        entities in the use of such services, equipment, and 
        facilities;
            (3) supervise, administer, and control the activities 
        within the departments, agencies, and independent 
        establishments of the United States relating to patents, 
        inventions, trademarks, copyrights, royalty payments, and 
        matters connected therewith that pertain to technologies 
        relating to restoration and protection of the environment; and
            (4) appoint 1 or more advisory committees or councils, in 
        addition to those established by sections 4(e) and 5, to 
        consult with and advise the Administrator.
    (b) Transfer of Technology.--The Administrator may transfer to the 
domestic private sector technology developed by or with the support of 
the Agency if the Administrator determines that the technology may have 
potential application in private activities relating to restoration and 
protection of the environment.

SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS.

    (a) In General.--In carrying out the functions of the Agency, the 
Administrator may enter into a cooperative agreement or other 
arrangement with any department, agency, or independent establishment 
of the United States, any unit of State or local government, any 
educational institution, or any other public or private person or 
entity.
    (b) Authority To Require Payment.--(1) A cooperative agreement or 
other arrangement entered into under subsection (a) may include a 
provision that requires a person or other entity to make payments to 
the Agency (or any other department, agency, or independent 
establishment of the United States) as a condition to receiving 
assistance from the Agency under the agreement or other arrangement.
    (2) The amount of any payment received by a department, agency, or 
independent establishment of the United States pursuant to a provision 
required under paragraph (1) shall be credited to the Fund in such 
amount as the Administrator may specify.
    (c) Nonduplication and Other Conditions.--The Administrator shall 
ensure that--
            (1) the authority under this section is used only when the 
        use of standard contracts or grants is not feasible or 
        appropriate; and
            (2) to the maximum extent practicable, a cooperative 
        agreement or other arrangement entered into under this 
        section--
                    (A) does not provide for research that duplicates 
                research being conducted under other programs carried 
                out by a department, agency, or independent 
                establishment of the United States; and
                    (B) requires the other party to the agreement or 
                arrangement to share the cost of the project or 
                activity concerned.

SEC. 8. PROGRAM REQUIREMENTS.

    (a) Selection Criteria.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall publish in the Federal 
Register proposed criteria, and not later than 180 days after the date 
of enactment of this Act, following a public comment period, final 
criteria, for the selection of recipients of contracts, leases, grants, 
and cooperative agreements under this Act.
    (b) Financial Reporting and Auditing.--The Administrator shall 
establish procedures regarding financial reporting and auditing to 
ensure that contracts and awards are used for the purposes specified in 
this section, are in accordance with sound accounting practices, and 
are not funding existing or planned research programs that would be 
conducted in the same time period in the absence of financial 
assistance under this Act.
    (c) Advice of the Advisory Council.--The Administrator shall ensure 
that the advice of the Advisory Council is considered routinely in 
carrying out the responsibilities of the Agency.
    (d) Dissemination of Research Results.--The Administrator shall 
provide for appropriate dissemination of research results of the 
Agency's program.
    (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract 
or award may be made under this Act until the research project in 
question has been subject to a merit review, and has, in the opinion of 
the reviewers appointed by the Administrator, been shown to have 
scientific and technical merit.
    (2) Federal funds made available under this Act shall be used only 
for direct costs and not for indirect costs, profits, or management 
fees of the contractor.
    (3) In determining whether to make an award to a joint venture, the 
Administrator shall consider whether the members of the joint venture 
have provided for the appropriate participation of small United States 
businesses in the joint venture.
    (4) Section 552 of title 5, United States Code, shall not apply to 
the following information obtained by the Federal Government on a 
confidential basis in connection with the activities of any business or 
any joint venture that receives funding under this Act:
            (A) Information on the business operation of a member of 
        the business or joint venture.
            (B) Trade secrets possessed by any business or by a member 
        of the joint venture.
    (5) Intellectual property owned and developed by a business or 
joint venture that receives funding under this Act or by any member of 
such a joint venture may not be disclosed by any officer or employee of 
the United States except in accordance with a written agreement between 
the owner or developer and the Administrator.
    (6) The United States shall be entitled to a share of the licensing 
fees and royalty payments made to and retained by a business or joint 
venture to which it contributes under this section in an amount 
proportionate to the Federal share of the costs incurred by the 
business or joint venture, as determined by independent audit.
    (7) A contract or award under this Act shall contain appropriate 
provisions for discontinuance of the project and return of the unspent 
Federal funds to the Agency (after payment of all allowable costs and 
an audit) if--
            (A) due to technical difficulties, financial difficulty on 
        the part of the recipient, or for any other reason, the 
        recipient is not making satisfactory progress toward successful 
        completion of the project; or
            (B) despite satisfactory progress on the progress, it 
        appears that the project will not achieve satisfactorily the 
        goals of the project.
    (8) Upon dissolution of a joint venture that receives funding under 
this Act or at a time otherwise agreed upon, the United States shall be 
entitled to a share of the residual assets of a joint venture that is 
proportionate to the Federal share of the costs of the joint venture, 
as determined by independent audit.

SEC. 9. REVOLVING FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a revolving fund to be known as the ``Environmental 
Advanced Research Projects Revolving Fund'', which shall consist of 
such amounts as are appropriated or credited to it from time to time.
    (b) Expenditures From the Fund.--Amounts in the Fund shall be 
available, as provided in appropriations Acts, to carry out the 
purposes of this Act.
    (c) Loans, Grants, and Other Financial Assistance.--(1) The 
Administrator may use the Fund for the purpose of making loans, grants, 
and other financial assistance to industrial and nonprofit research 
centers, universities, and other entities that serve the long-term 
environmental security needs of the United States, to carry out the 
purposes of this Act.
    (2) A loan made under this section shall bear interest at a rate 
determined by the Secretary of the Treasury (as of the close of the 
calendar month preceding the month in which the loan is made) to be 3 
percent less than the current market yield on outstanding marketable 
obligations of the United States with remaining periods to maturity 
comparable to the period for which the loan is made.
    (3) Repayments on a loan made under this section and the proceeds 
from any other agreement entered into by the Administrator under this 
Act shall be credited to the Fund.
    (d) Management of Fund.--(1) The Secretary of the Treasury shall 
manage the Fund and, after consultation with the Administrator, report 
to Congress each year on the financial condition and the results of the 
operation of the Fund during the preceding fiscal year and on the 
expected condition and operations of the Fund during the next 5 fiscal 
years.
    (2)(A) The Secretary of the Treasury shall invest the portion of 
the Fund that is not, in the judgment of the Secretary, required to 
meet current withdrawals.
    (B) Investments of monies in the Fund may be made only in interest-
bearing obligations of the United States.

SEC. 10. ANNUAL REPORT.

    The Administrator shall submit a report to Congress annually 
describing--
            (1) the activities of the Agency;
            (2) the Agency's plans for future activities;
            (3) the manner and extent to which technologies developed 
        with assistance from the Agency have been used; and
            (4) the extent to which those technologies have been 
        transferred overseas.

SEC. 11. APPROPRIATIONS.

    (a) Amounts.--There are authorized to be appropriated to the Agency 
to carry out this Act $75,000,000 for fiscal year 1993, $140,000,000 
for fiscal year 1994, and $200,000,000 for fiscal year 1995.
    (b) Limitation on Use.--Of amounts appropriated to the Agency, no 
more than 5 percent may be used to pay for administrative expenses of 
the Agency.

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S 425 IS----2