[Congressional Record Volume 140, Number 90 (Wednesday, July 13, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     INTRODUCTION OF THE NATIONAL INSTITUTE FOR THE ENVIRONMENT ACT

  Mr. DASCHLE. Mr. President, the environmental challenges confronting 
the United States and the world are some of the most critical issues we 
face today. Global climate change, loss of biodiversity, resource 
depletion and environmental justice illustrate the broad scope of 
serious environmental problems that present our society with tough 
policy choices and are becoming more complex each year.
  It is clear that without solutions to these problems our quality of 
life and economic security is severely threatened. It is also evident 
that proposed solutions raise questions of economic and social trade-
offs that can spark intense, often emotional debate.
  Lack of scientific certainty and credibility establishes a climate 
within which passions can become inflamed and bad policy can be made. 
We all remember the national controversy over the chemical alar. 
Environmentalists contended that it contributed significantly to 
increased health risks to children. The apple industry challenged that 
contention and felt that they were being stigmatized.
  The entire matter was debated in the press, without the benefit of an 
objective, scientifically credible referee. Eventually, a lawsuit was 
brought against the television station that initially ran the story as 
well as the environmental group that developed the risk estimates. This 
is not a model of how serious environmental issues, involving 
potentially significant health risks and economic consequences, ought 
to be handled.
  The Federal Government will have many tough environmental policy 
issues to deal with in the future as it implements such initiatives as 
the Clean Air Act, the Safe Drinking Water Act, and ecosystem 
management. Policymakers and the public will need objective, complete, 
and dispassionate answers to the questions raised by these programs.
  Too often decisionmakers have not had the scientific information they 
needed to design long-term, cost effective solutions. And there is an 
overriding consensus that the Federal environmental research system is 
not meeting the challenge.
  More than 17 reports in the last 6 years--including EPA's Science 
Advisory Board, the Carnegie Commission, the National Research Council, 
and the Committee for the National Institute for the Environment--have 
found that credible information on the environment is lacking.
  These reports attribute this deficiency to the fact that there is no 
focal point for Federal environmental research, and that the current 
agency structure is not well suited to address current and future 
environmental challenges.
  Federal environmental research programs are spread out over more than 
20 agencies. These piecemeal programs have developed over the last two 
decades, resulting in a collection of substantially diffuse 
environmental research efforts that are largely geared toward short-
term regulatory or management needs.
  This nation spends $3.1 billion each year on environmental research 
and an estimated $135 billion to $158 billion on pollution abatement 
and clean-up. That is 2 to 2.4 percent of GNP.
  Clearly, it is in the interest of the Nation to ensure that research 
funds are spent in the most effective way and that there is a formal 
process for using environmental research in the policymaking process, 
so that we are regulating in the most rational way.
  The Federal bureaucracy has great difficulty in conducting 
environmental research that is interdisciplinary and requires long-term 
study. These complex issues fall between the cracks of narrowly focused 
agency research programs.
  Bridges between science and policy are weak and lack timely, ongoing 
assessments on the state of environmental knowledge. Insufficient 
attention is paid to information management and making information 
accessible to scientists and decisionmakers at all levels.
  No single agency is charged with educating and training the next 
generation of environmental scientists and professionals. And, most 
importantly, there is no Federal entity that effectively integrates 
assessment, research, information, and education and training while 
incorporating the input of scientists, public and private 
decisionmakers, and those affected by environmental decisions.
  Recently, I introduced a bill to respond to those problems. ``The 
National Institute for the Environment Act'' will establish the 
National Institute for the Environment [NIE] as an independent entity 
within the Federal Government whose sole mission is to improve the 
scientific basis for decisionmaking on environmental issues. The NIE 
will support this mission by funding problem-focused competitively 
awarded, peer-reviewed extramural research, providing comprehensive and 
ongoing assessments on the current state of environmental knowledge, 
communicating information through a state-of-the-art data base, and 
sponsoring higher education and training.
  The NIE would not replace but would supplement existing Federal 
research programs that are necessary to accomplish individual agencies' 
missions.
  To ensure the credibility of its science, the NIE will have no 
regulatory or management responsibilities and would focus solely on 
improving the scientific basis for environmental decisionmaking. In 
order to control costs and bureaucracy, the NIE will not operate its 
own research laboratories and facilities, but would instead fund 
competitively awarded extramural grants to the best talent available in 
academia, government, private industry, or others.
  What is most unique about the NIE is that all relevant stakeholders 
will play an active role in determining environmental research goals 
and priorities. The NIE's governing board will include representatives 
from Federal and State governments, scientists, environmental groups, 
business, and others.
  This approach will help create a nonadversarial climate that has less 
confrontation, and ensure that priorities are policy relevant. This 
multistakeholder process makes the NIE distinctly different from 
current Federal research where nonfederal interests have only a limited 
advisory role.
  This bill draws on the work of the committee for the National 
Institute for the Environment, a national grassroots network of over 
7,000 scientists, business leaders, environmentalists and concerned 
citizens who are dedicated to the creation of the NIE. Their work has 
already prompted the introduction of legislation in the House (H.R. 
2918) which currently has 73 bipartisan cosponsors. More than 100 
universities, scientific and professional organizations, major 
environmental groups, and business leaders have endorsed the NIE.
  The NIE is a cost-effective, comprehensive solution that will help 
the United States strategically spend research dollars to address the 
most complex environmental issues. It is my intention to move forward 
with this initiative and promote further debate in the Senate about the 
inadequacies of current Federal environmental R&D and the potential of 
NIE as the solution.
  I strongly urge my colleagues to join me in my effort to improve the 
scientific basis for environmental decisionmaking and to cosponsor the 
``National Institute for the Environment Act.'' I ask unanimous consent 
that the text of the bill be printed in the Record.
  The text of the bill follows:

                                S. 2242

       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 Institute for the 
     Environment Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) An appropriate scientific understanding of the diverse 
     physical, biological, engineering, social, and economic 
     issues that underlie the environmental problems facing the 
     United States is essential to finding environmentally and 
     economically sound solutions to the problems.
       (2) While more than a dozen Federal agencies support 
     environmental research and gather environmental information, 
     there is not a lead Federal agency for environmental research 
     and information.
       (3) The current approach of the Federal Government to 
     developing a scientific understanding of environmental 
     problems, and of applying that understanding to the problems, 
     lacks coherence and often fails to provide information vital 
     to finding sound solutions to the problems.
       (4) The United States needs to improve the scientific basis 
     for decisionmaking by Federal, State, and local governments, 
     and private sector entities, on environmental issues.
       (5) Many environmental issues that will seriously affect 
     the United States in the future are not adequately studied 
     under existing Federal environmental research programs.
       (6) Existing Federal environmental research programs often 
     do not provide adequate information in a timely manner to 
     enable Federal, State, and local governments, and private 
     sector entities, to engage in well-informed decisionmaking on 
     environmental and related issues.
       (7) Existing Federal environmental research programs do not 
     adequately address, link, and integrate research in different 
     disciplinary, interdisciplinary, and multidisciplinary 
     environmental sciences.
       (8) Ongoing study and communication of the existing 
     knowledge about environmental issues, including the 
     assessment of the significance of the knowledge, are needed 
     to strengthen the weak link between scientific knowledge and 
     decisionmaking on environmental issues.
       (9) Easy and effective access, including access by the 
     scientific community, to the many rapidly growing sources of 
     environmental information would improve the effectiveness of 
     research on, and communication about, environmental issues.
       (10) To address the complex environmental problems facing 
     the United States, there is a growing need for more education 
     and training of individuals in disciplinary, 
     interdisciplinary, and multidisciplinary sciences related to 
     the environment.
       (b) Purpose.--It is the purpose of this Act to create an 
     independent establishment to improve the scientific basis for 
     making decisions on environmental issues through support for 
     competitive, peer-reviewed, extramural research, ongoing 
     knowledge assessments, data and information activities, and 
     education and training on environmental issues.

     SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR THE 
                   ENVIRONMENT.

       There is established as an independent establishment an 
     institute to be known as the ``National Institute for the 
     Environment'' (referred to in this Act as the ``Institute''). 
     The mission of the Institute shall be to improve the 
     scientific basis for decisionmaking on environmental issues.

     SEC. 4. DUTIES.

       The Institute shall have the following duties:
       (1) To increase scientific understanding of environmental 
     issues (including environmental resources, systems, and 
     sustainability, and the human dimensions associated with 
     environmental issues) by initiating and supporting credible, 
     extramural, problem-focused, peer-reviewed basic and applied 
     scientific environmental research and other disciplinary, 
     multidisciplinary, and interdisciplinary environmental 
     programs. The support of research and programs under this 
     paragraph may include the provision of financial assistance 
     pursuant to section 8, including grants, contracts, and 
     cooperative agreements.
       (2) To assist decisionmaking on environmental issues by 
     providing ongoing, comprehensive assessments of knowledge of 
     environmental issues. The performance of assessments under 
     this paragraph shall include the following:
       (A) Summarizing the state of the knowledge.
       (B) Assessing the implications of the knowledge.
       (C) Identifying additional research that will provide 
     information needed for decisionmaking by Federal, State, and 
     local governments, and private sector entities, on 
     environmental issues.
       (D) Analyzing constraints that may affect the conduct of 
     research described in subparagraph (C), including the 
     existence of limited technological, human, and economic 
     resources.
       (E) Communicating the results of assessments under this 
     paragraph to relevant Federal, State, and local government 
     decisionmakers and the public.
       (3) To serve as the foremost provider and facilitator in 
     the United States of access to current and easy-to-use peer-
     reviewed scientific and technical information about the 
     environment. The provision and facilitation of access to 
     information under this paragraph shall include the following:
       (A) Providing and facilitating access to credible 
     environmental information (including scientific and 
     technological results of environmental research) for relevant 
     Federal, State, and local government decisionmakers, policy 
     analysts, researchers, resource managers, educators, 
     information professionals (including computer and 
     telecommunications specialists), and the general public.
       (B) Establishing an electronic network that--
       (i) uses existing telecommunications infrastructures to 
     provide single-point access to environmental information; and
       (ii) includes existing collections of environmental 
     information, such as libraries, specialized information 
     centers, data and statistical centers, and government and 
     private sector repositories of regional, event-driven, or 
     ecosystem information.
       (C) Identifying and encouraging the effective application 
     of state-of-the-art information technologies to promote the 
     availability and use of, and access to, environmental 
     knowledge.
       (D) Providing long-term stewardship of the environmental 
     information resources of the United States, including efforts 
     to ensure the continued usefulness of the resources, through 
     the promotion and development of policies and standards for 
     providing access to environmental information, and through 
     the support of relevant research and development.
       (4) To sponsor higher education and training in 
     environmental fields in order to contribute to a greater 
     public understanding of the environment and to ensure that 
     the United States has a core of scientifically educated and 
     trained personnel who possess skills to meet the 
     environmental needs of the United States. The sponsorship of 
     education and training under this paragraph shall include the 
     following:
       (A) Awarding scholarships, traineeships, and graduate 
     fellowships at appropriate nonprofit institutions of the 
     United States for study and research in natural and social 
     sciences and engineering related to the environment.
       (B) Supporting curriculum and program development in fields 
     related to the environment.
       (C) Promoting the involvement of women, minorities, and 
     other underrepresented groups.
       (5) To encourage and support the development and use of 
     methods and technologies that increase scientific and general 
     understanding of the environment and minimize adverse 
     environmental impact.
       (6) To evaluate the status and needs of the various 
     environmental sciences and fields.
       (7) To foster interchange of scientific information about 
     the environment among scientists, Federal, State, and local 
     government decisionmakers, and the public.
       (8) To identify and seek to address emerging environmental 
     issues and all aspects of scientific, technological, and 
     societal aspects of environmental problems.
       (9) To establish research priorities for the Institute for 
     environmental issues of global, national, and regional 
     significance.

     SEC. 5. GOVERNING BOARD.

       (a) Establishment.--There shall be a Governing Board for 
     the Institute (referred to in this Act as the ``Board'') 
     which shall establish the policies and priorities of the 
     Institute.
       (b) Membership.--
       (1) Appointment.--The Board shall be composed of 18 members 
     who shall be appointed by the President by and with the 
     advice and consent of the Senate.
       (2) Representation on the board.--
       (A) In general.--The members of the Board shall include 
     individuals--
       (i) who, as scientists and users of scientific information, 
     are representative of diverse groups and entities, including 
     States, academic institutions, businesses, environmental 
     groups, citizens groups, and other appropriate organizations;
       (ii) who have a distinguished record of service in their 
     fields; and
       (iii) who, among the scientific members of the Board, 
     represent the diversity of scientific fields that study the 
     environment.
       (B) Selection of certain groups.--In making appointments 
     under this subsection, the President shall seek to provide 
     for representation on the Board of women, minority groups, 
     and individuals recommended by the National Academy of 
     Sciences, the National Academy of Engineering, and other 
     groups.
       (c) Terms.--
       (1) Initial terms.--Members initially appointed to the 
     Board shall serve for the following terms:
       (A) 6 members shall serve for an initial term of 2 years.
       (B) 6 members shall serve for an initial term of 4 years.
       (C) 6 members shall serve for an initial term of 6 years.
       (2) Subsequent terms.--On completion of a term referred to 
     in paragraph (1), each member of the Board subsequently 
     appointed or reappointed shall serve for a term of 6 years, 
     with a maximum of 2 consecutive terms for any member 
     appointed under this section.
       (d) Administration.--
       (1) Travel expenses.--Each member of the Board who is not 
     an officer or employee of the United States may receive 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as travel expenses are allowed under 
     section 5703 of title 5, United States Code, for persons 
     serving intermittently in the Government service.
       (2) Prohibition of compensation of federal employees.--
     Members of the Board who are full-time officers or employees 
     of the United States or Members of Congress may not receive 
     additional pay, allowances, or benefits by reason of their 
     service on the Board.
       (e) Chairperson.--The Chairperson of the Board shall be 
     designated by the President at the time of the appointment. 
     The term of office of the Chairperson shall be 6 years.
       (f) Meetings.--The Board shall meet as needed at the call 
     of the Chairperson or a majority of the members of the Board, 
     but not less than 4 times a year.
       (g) Reports.--The Board shall periodically submit to the 
     President reports on such specific environmental policy 
     matters as the Board, the President, or Congress determines 
     to be necessary. After receipt of any such report, the 
     President shall transmit the report to Congress in a timely 
     fashion, together with any comments that the President 
     considers to be appropriate.
       (h) Advisory Committees.--The Board may establish such 
     advisory committees as the Board considers necessary to carry 
     out this Act.

     SEC. 6. STAFF.

       (a) Director.--
       (1) Appointment.--The Director of the Institute shall be 
     appointed by the President by and with the advice and consent 
     of the Senate.
       (2) Authority.--The Director shall exercise all of the 
     authority granted to the Institute by this Act, including any 
     powers and functions delegated to the Director by the Board. 
     All actions taken by the Director pursuant to this Act, or 
     pursuant to the delegation from the Board, shall be final and 
     binding on the Institute. The Director shall formulate 
     programs consistent with the policies of the Institute and in 
     consultation with the Board and any appropriate advisory 
     committee established pursuant to this Act.
       (3) Pay; term of office.--The Director shall receive basic 
     pay at the rate provided for level II of the Executive 
     Schedule under section 5313 of title 5, United States Code, 
     and shall serve for a term of 6 years.
       (4) NSTC membership.--Section 401(b) of the National 
     Science and Technology Policy, Organization, and Priorities 
     Act of 1976 (42 U.S.C. 6651(b)) is amended by inserting ``, 
     the Director of the National Institute for the Environment,'' 
     after ``the Director of the Office of Science and Technology 
     Policy''.
       (b) Assistant Directors.--The President may, on the 
     recommendation of the Director, appoint such assistant 
     Directors as the President considers necessary to carry out 
     this Act.

     SEC. 7. INTERAGENCY ADVISORY COMMITTEE.

       (a) Establishment.--There is established an Interagency 
     Advisory Committee to ensure that the environmental efforts 
     of the Institute and other Federal agencies are 
     complementary.
       (b) Duties.--It shall be the duty of the Interagency 
     Advisory Committee established under subsection (a) to 
     provide recommendations and advice to the Board to help to 
     ensure that--
       (1) the research priorities and agenda of the Institute 
     support, rather than duplicate or compete with, the research 
     agendas of existing Federal agencies;
       (2) the knowledge assessment activities of the Institute 
     incorporate knowledge obtained and possessed by other Federal 
     agencies, and are useful to the agencies;
       (3) information within the databases of other Federal 
     agencies is available for incorporation into the information 
     network of the Institute; and
       (4) the educational programs of the Institute serve the 
     needs of the United States.
       (c) Composition.--
       (1) In general.--The Interagency Advisory Committee 
     established under subsection (a) shall include directors of 
     research (or individuals who hold a comparable position) from 
     Federal agencies that conduct or use substantial quantities 
     of environmental research, including--
       (A) the Environmental Protection Agency;
       (B) the National Oceanic and Atmospheric Administration;
       (C) the National Science Foundation;
       (D) the Department of Energy;
       (E) the Department of the Interior; and
       (F) the Department of Agriculture.
       (2) Ex officio members.--The Director of the Office of 
     Science and Technology Policy (or a designee of the Director) 
     and the Director of the Office of Environmental Quality (or a 
     designee of the Director) shall serve as ex officio members 
     of the Interagency Advisory Committee.
       (d) Duration.--Section 14(a)(2) of the Federal Advisory 
     Committee Act (5 U.S.C. App. 2) shall not apply to the 
     Interagency Advisory Committee established under subsection 
     (a).

     SEC. 8. FUNDING.

       (a) Authority to Provide Financial Assistance.--The 
     Institute may enter into contracts and cooperative agreements 
     and provide financial assistance, including grants, to carry 
     out the duties of the Institute under this Act.
       (b) Persons Eligible to Receive Funding.--Scientists, 
     engineers, and other researchers are eligible to receive 
     funding from the Institute under subsection (a), except 
     that--
       (1) scientists from Federal agencies shall not be given a 
     preference for funding based on their employment with the 
     Federal Government; and
       (2) the receipt of funding from the Institute shall be 
     subject to any criteria and other requirements that are 
     prescribed by the Institute.
       (c) Receipt of Funds from Other Persons.--The Institute 
     may, subject to the approval of the Board, receive funds from 
     other Federal agencies and private sector persons to carry 
     out particular projects and activities under this Act. Funds 
     received under this subsection shall be deposited in the 
     Treasury and shall be made available to the Institute to the 
     extent provided in appropriations Acts.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________