[Senate Report 104-336]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 542
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-336
_______________________________________________________________________


 
        NATIONAL ENVIRONMENTAL EDUCATION AMENDMENTS ACT OF 1996

                                _______
                                

                 July 29, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1873]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1873), to amend the National 
Environmental Education Act to extend the programs under the 
Act, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill do pass.

                           General Statement

                               background

The National Environmental Education Act of 1990

    The National Environmental Education Act of 1990 was signed 
into law by President Bush on November 16, 1990. The Act 
established a comprehensive environmental education program at 
the Federal level to support State and local efforts. It 
established an Office of Environmental Education within the 
Environmental Protection Agency. The Office was charged with 
developing and supporting environmental education programs and 
other related efforts to improve the understanding of the 
natural and built environment, and the relationships between 
humans and their environment, including the global aspects of 
environmental programs. The Office has managed a Federal grant 
assistance program to State and local education agencies, 
institutions of higher education, other not-for-profit 
organizations and noncommercial education broadcasting entities 
to support projects to design, demonstrate, or disseminate 
practices, methods, or techniques related to environmental 
education and training. It authorized the Office to create 
environmental internships and fellowships and environmental 
education awards.
    The Act also created a National Environmental Education 
Advisory Council and Federal Task Force. The Advisory Council 
was charged to represent the various education constituent 
groups and to advise, consult with, and make recommendations to 
the Administrator of the Environmental Protection Agency on 
environmental education matters. The Task Force was comprised 
of Federal Agencies with a role in environmental education. The 
Task Force was charged to advise, consult with, and make 
recommendations to the Administrator of the Environmental 
Protection Agency to assure Federal coordination of the Act.
    Finally, the Act created the National Environmental 
Education and Training Foundation. The Foundation was 
established in order to extend the contribution of 
environmental education and training by facilitating the 
cooperation, coordination, and contribution of public and 
private resources to create an environmentally advanced 
educational system. The purpose of the foundation was to foster 
an open and effective partnership among Federal, State, and 
local government, business, industry, academic institutions, 
community based environmental groups, and international 
organizations.

                       Congressional Legislation

    On June 13, 1996, Senator Inhofe introduced S. 1873, the 
National Environmental Education Amendments Act of 1996.
     The committee ordered the bill reported, as amended, on 
July 24 by voice vote.

                           Summary of S. 1873

    As amended and approved by the Committee on Environment and 
Public Works, the bill is a single title with nine sections. 
The bill extends the authorization for programs authorized by 
the National Environmental Education Act until 2007. The bill 
includes a number of changes to make programs authorized under 
the Act operate more effectively and efficiently.

                      Section-by-Section Analysis

Section 1. Short Title

    Section 1 establishes the short title of the bill as the 
``National Environmental Education Amendments Act of 1996.''

Section 2. Office of Environmental Education

    Section 2 ensures that the Office of Environmental 
Education's programs will be balanced and scientifically sound. 
The language seeks to ensure that environmental education 
programs supported under this Act adhere to certain key 
principles. The Act supports environmental education programs 
and materials that characterize environmental problems in a 
factual and objective way. The Act supports environmental 
education programs that point students and teachers toward 
constructive solutions to problems including those that foster 
conservation and economic goals. When appropriate to a 
particular environmental topic, education programs supported by 
this Act should attempt to incorporate public health and 
economic analysis of environmental problems and solutions into 
the educational program.
    This section also makes several changes which are intended 
to provide the Office of Environmental Education with 
additional flexibility in implementing the programs authorized 
under the Act. This section removes the requirement that the 
Office of Education be directed by a member of the Senior 
Executive Service which is consistent with government-wide cost 
savings measures; clarifies EPA's ability to implement the 
program through both EPA's headquarters and regional offices; 
and authorizes the Office to utilize grants, cooperative 
agreements, or contracts which will provide for more 
flexibility in implementing the program.

Section 3. Environmental Education Grants

    Section 3 changes the percentage of small grants awarded at 
$5,000 or less from 25 percent to 15 percent. This change 
reflects the actual number of grants the Agency has received 
under the program over the last five years. The intent of the 
program remains unchanged, to provide the greatest number of 
small grants as possible. Small grants tend to benefit local 
schools and community-based organizations, and providing a set 
number at $5,000 or less encourages these organizations to 
apply under the program. It is expected that a substantial 
percentage will also go to these organizations above the $5000 
amount. The 15 percent is not a ceiling for small grants but a 
floor.
    Section 3 also reaffirms the ban against supporting 
lobbying activities through the funding of the program grants. 
Lobbying activity is defined by the Statute as described in 
documents issued by the Office of Management and Budget and 
designated as Circulars No. A-21 and A-122. These Circulars 
make unallowable a recipient's use of grant funds to attempt to 
influence the outcomes of elections or initiatives; to attempt 
to influence the introduction or enactment of Federal or State 
legislation through communications with members or employees of 
Congress or State legislatures or by preparing, distributing or 
using publicity or propaganda, or by urging members of the 
public to contribute to or participate in any demonstration or 
campaign; or for legislative liaison activities, including 
attending committee hearings and analyzing legislation, in 
support of a lobbying effort. While the committee is not aware 
of any instances where the programs authorized under this act 
have been used to lobby the government, this language is meant 
to ensure that this program does not become a vehicle to lobby 
Congress or the Executive Branch.

Section 4. Environmental Internships and Fellowships

    Section 4 eliminates the internship and fellowship programs 
for the Office of Environmental Education. These programs were 
never fully implemented due to the expense of operation and the 
duplicative nature of the programs with other Federal programs.

Section 5. National Education Awards

    Section 5 streamlines the existing environmental awards 
program to recognize and emphasize the ``President's 
Environmental Youth Awards.'' The other awards programs were 
never fully implemented and are duplicative of similar award 
programs operated mainly by non-government organizations. This 
will highlight the importance of the Presidential awards, a 
program which honors primary and secondary students for 
outstanding projects to promote local environmental awareness.

Section 6. Environmental Education Advisory Council and Task Force

    Section 6 provides flexibility for the National 
Environmental Education Advisory Council and Federal Task 
Force. The Council will no longer be required to have 11 
members. EPA will have greater flexibility to appoint between 6 
to 11 members (at least one from six different categories) 
based upon the current needs and requirements of the program. 
In addition, the Federal Task Force membership will be 
comprised of any Federal agency with environmental education 
activities, instead of requiring a list of agencies to 
participate. This will allow flexibility for the appropriate 
agencies to participate based upon current needs.

Section 7. National Environmental Education and Training Foundation

    Section 7 changes the name of the foundation to the 
Foundation for Environmental Education, which better represents 
the goal and mission of the organization. In addition, the 
number of members on the Board of Directors is increased from 
13 to 19, which will provide additional support for the 
Foundation in the private sector.
    The Foundation frequently joins with other interested 
partners to establish cooperative education and outreach 
programs. Partners contribute matching funds, goods, services, 
expertise, or other needs to make the project a success. 
Section 7 provides the Foundation with the authority to 
acknowledge private donations and participants in the 
Foundation's collaborative programs. Private and public 
participants are important to the Foundation's goal of 
fostering an open and effective partnership among Federal, 
State, and local government, business, industry, academic 
institutions, environmental groups, and international 
organizations. This section recognizes that, although it is 
important to acknowledge the contributions of the various 
partners, the form of such acknowledgment should be in keeping 
with the intent of the Foundation's purpose. This section is 
intended to ensure that the names of program partners are not 
the predominant feature on any portion of materials produced as 
a result of partnerships with the Foundation.

Section 8. Authorization of Appropriations

    Section 8 reauthorizes the program, with the funding level 
authorized at $10 million for fiscal years 1997-2002, and such 
sums as may be necessary thereafter. This funding level 
recognizes the importance of the program while maintaining 
fiscal responsibility. The percentage of funding for grants is 
also increased to forty percent which represents a shifting of 
the funds from the awards program to the grants which is the 
primary focus of the program. In addition, the administrative 
expenses for the Office of Environmental Education is limited 
to no more than 25 percent of the funds provided.

Section 9. Effective date

    Section 9 provides that the effective date of the Act shall 
occur on October 1, 1996, or upon the enactment of the 
legislation if it occurs later.

                                Hearings

    No hearings were held on S. 1873.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On July 24, 1996, the committee met to consider S. 1873. A 
managers' amendment in the nature of a substitute was agreed to 
by unanimous consent. The bill was ordered reported by voice 
vote. No rollcall votes were taken.

                    Evaluation of Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact made by the bill as reported. 
No regulatory impact is expected by the passage of this bill.
    The bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 1873 imposes no Federal intergovernmental mandates on 
State, local or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires that a statement of the cost of a reported bill, 
prepared by the Congressional Budget Office, be included in the 
report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 25, 1996.

Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1873, the National 
Environmental Education Amendments Act of 1996.
    Enactment of S. 1873 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.

               CONGRESSIONAL BUDGET OFFICE cost estimate

    1. Bill number: S. 1873.
    2. Bill title: National Environmental Education Amendments 
Act of 1996.
    3. Bill status: As ordered reported by the Senate Committee 
on Environment and Public Works on July 24, 1996.
    4. Bill purpose: S. 1873 would amend provisions of the 
National Environmental Education Act regarding environmental 
education grants, internships, fellowships, and awards. The 
bill would authorize the appropriation of $10 million annually 
over the 1997-2002 period to the Environmental Protection 
Agency (EPA) to carry out its responsibilities under the bill. 
S. 1873 also would authorize the appropriation of such sums as 
are necessary for fiscal years 2003 through 2007.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the entire amount authorized by S. 1873, 
enacting this bill would increase 1997 funding for 
environmental education by about $4 million over the 1996 
level. In total, S. 1873 would authorize funding of $60 million 
over the next six years. The budgetary effects of the 
legislation are summarized in the following table

                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                  1996   1997   1998   1999   2000   2001   2002
----------------------------------------------------------------------------------------------------------------
Spending under current law:                                                                                     
  Budget authority.............................................      6  .....  .....  .....  .....  .....  .....
  Estimated outlays............................................      6      1  .....  .....  .....  .....  .....
Proposed changes:                                                                                               
  Authorization level..........................................  .....     10     10     10     10     10     10
  Estimated outlays............................................  .....      9     10     10     10     10     10
Spending levels under S. 1873:                                                                                  
  Authorization level \1\......................................      6     10     10     10     10     10     10
  Estimated outlays............................................      6     10     10     10     10     10     10
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year.                                                    

    The costs of this bill fall within budget function 300.
    6. Basis of estimate: For the purpose of this estimate, CBO 
assumes that S. 1873 will be enacted before fiscal year 1997 
appropriations for EPA are provided, and that the full amounts 
authorized by the bill will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
this program.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: The bill contains no intergovernmental mandates as 
defined by Public Law 104-4, and would impose no costs on 
State, local, or tribal governments. Of the funds authorized 
for appropriation by the bill, at least 40 percent would be 
used for grants to support environmental education. Many of 
these grants would go to local education agencies, public 
colleges and universities, and State educational or 
environmental agencies. These grants require 25 percent 
matching funds from the recipients.
    9. Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal cost estimate--Kim 
Cawley; State and local estimate--Pepper Santalucia; and impact 
on the private sector--Elliott Schwartz.
    12. Estimate approved by: Robert R. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman:

                           UNITED STATES CODE

          * * * * * * *

                          TITLE 20--EDUCATION

          * * * * * * *

              CHAPTER 65--NATIONAL ENVIRONMENTAL EDUCATION

Sec.
5501. Findings and policy.
        (a) Findings.
        (b) Policy.
5502. Definitions.
5503. Office of Environmental Education.
        (a) Establishment.
        (b) Duties and functions.
        (c) Director and staff.
5504. Environmental Education and Training Program.
        (a) Establishment.
        (b) Functions and activities.
        (c) Grants.
        (d) Eligibility.
5505. Environmental education grants.
        (a) Cooperative agreements and grants.
        (b) Eligible activities.
        (c) Priority projects.
        (d) Scope of program and implementing regulations.
        (e) Solicitation notices.
        (f) Applications.
        (g) Performance of projects.
        (h) Matching requirements.
        (i) Limitations on grants.
[5506. Environmental internships and fellowships.
        [(a) Postsecondary students and in-service teachers
        [(b) Purpose.
        [(c) Minimum number of internships and fellowships.
        [(d) Management of programs; eligible agencies.
        [(e) Length of internships and fellowships; funding
        [(f) Eligible individuals.
        [(g) Applications
        [(h) Geographic, cultural, and minority representation.]
5506. [Repealed].
5507. Environmental education awards.
        (a) National awards.
        (b) Required awards.
        (c) Nomination by Environmental Education Advisory Council.
        (d) President's Environmental Youth Awards.
        (e) Cash awards for elementary and secondary education teachers 
                  and local educational agencies.
5508. Environmental Education Advisory Council and Task Force.
        (a) Establishment.
        (b) Advisory Council; duties; members; terms of office; 
                  compensation; termination.
        (c) Federal Task Force on Environmental Education; duties; 
                  members.
        (d) Reports.
5509. National Environmental education and Training Foundation.
        (a) Establishment and purposes.
        (b) Board of Directors.
        (c) Rights and obligations of Foundation.
        (d) Conditions on donations.
        (e) Administrative services on support.
        (f) Report.
        (g) Volunteer status.
        (h) Audits and petition of Attorney General for equitable 
                  relief.
        (i) United States release from liability.
        (j) Amendment and repeal.
5510. Authorization.
        (a) Authorization of appropriations.
        (b) Limitations.
        (c) Availability of funds to National Environmental Education 
                  and Training Foundation.
          * * * * * * *

Sec. 5503. Office of Environmental Education

    (a) Establishment
          The Administrator shall establish an Office of 
        Environmental Education within the Environmental 
        Protection Agency.
    (b) Duties and functions
          The Office of Environmental Education shall--
                  (1) develop and support balanced and 
                scientifically sound programs and related 
                efforts, in consultation and coordination with 
                other Federal agencies, to improve 
                understanding of the natural and built 
                environment, and the relationships between 
                humans and their environment, including the 
                global aspects of environmental problems;
          * * * * * * *
                  [(6) administer the environmental internship 
                and fellowship programs provided for in section 
                5506 of this title;]
                  [(7)] (6) administer the environmental awards 
                program provided for in section 5507 of this 
                title;
                  [(8)] (7) provide staff support to the 
                Advisory Council and Task Force provided for in 
                section 5508 of this title;
                  [(9)] (8) assess, in coordination with other 
                Federal agencies, the demand for professional 
                skills and training needed to respond to 
                current and anticipated environmental problems 
                and cooperate with appropriate institutions, 
                organizations, and agencies to develop training 
                programs, curricula, and continuing education 
                programs for teachers, school administrators, 
                and related professionals;
                  [(10)] (9) assure the coordination of Federal 
                statutes and programs administered by the 
                Agency relating to environmental education, 
                consistent with the provisions and purposes of 
                those programs, and work to reduce duplication 
                or inconsistencies within these programs;
                  [(11)] (10) work with the Department of 
                Education, the Federal Interagency Committee on 
                Education, and with other Federal agencies, 
                including Federal natural resource management 
                agencies, to assure the effective coordination 
                of programs related to environmental education, 
                including environmental education programs 
                relating to national parks, national forests, 
                and wildlife refuges;
                  [(12)] (11) provide information on 
                environmental education and training programs 
                to local education agencies, State education 
                and natural resource agencies, and others; and
                  [(13)] (12) otherwise provide for the 
                implementation of this chapter through the 
                headquarters and the regional offices of the 
                Agency.
    [(c) Director and staff
          [The Office of Environmental Education shall--
                  [(1) be directed by a Director who shall be a 
                member of the Senior Executive Service;
                  [(2) include a headquarters staff of not less 
                than six and not more than ten full-time 
                equivalent employees; and
                  [(3) be supported by one full-time equivalent 
                employee in each Agency regional office.]
    (c) Staff
          The Office of Environmental Education shall--
                  (1) include a headquarters staff of not more 
                than 10 full-time equivalent employees; and
                  (2) be supported by 1 full-time equivalent 
                employee in each Agency regional office.
    (d) Activities
          The Administrator may carry out the activities 
        specified in subsection (b) directly or through awards 
        of grants, cooperative agreements, or contracts.
          * * * * * * *

Sec. 5505. Environmental education grants

    (a) * * *
          * * * * * * *
    (i) Limitations on grants
          Grants under this section shall not exceed $250,000. 
        In addition, [25] 15 percent of all funds obligated 
        under this section in a fiscal year shall be for grants 
        of not more than $5,000.
    (j) Lobbying activities
          A grant under this section may not be used to support 
        a lobbying activity (as described in the documents 
        issued by the Office of Management and Budget and 
        designated as OMB Circulars No. A-21 and No. A-122. 

[Sec. 5506. Environmental internships and fellowships

    [(a) Postsecondary students and in-service teachers
          [The Administrator shall, in consultation with the 
        Office of Personnel Management and other appropriate 
        Federal agencies, provide for internships by 
        postsecondary level students and fellowships for in-
        service teachers with agencies of the Federal 
        Government.
    [(b) Purpose
          [The purpose of internships and fellowships pursuant 
        to this section shall be to provide college level 
        students and in-service teachers with an opportunity to 
        work with professional staff of Federal agencies 
        involved in environmental issues and thereby gain an 
        understanding and appreciation of such issues and the 
        skills and abilities appropriate to such professions.
    [(c) Minimum number of internships and fellowships
          [The Administrator shall, to the extent practicable, 
        support not less than 250 internships each year and not 
        less than 50 fellowships each year.
    [(d) Management of programs; eligible agencies
          [The internship and fellowship programs shall be 
        managed by the Office of Environmental Education. 
        Interns and fellows may serve in appropriate agencies 
        of the Federal Government including, but not limited 
        to, the Environmental Protection Agency, the Fish and 
        Wildlife Service, the National Oceanic and Atmospheric 
        Administration, the Council on Environmental Quality, 
        Federal natural resource management agencies, the 
        Department of Agriculture, and the National Science 
        Foundation.
    [(e) Length of internships and fellowships; funding
          [Interns shall be hired on a temporary, full-time 
        basis for not to exceed 6 months and shall be 
        compensated appropriately. Fellows shall be hired on a 
        temporary full-time basis for not to exceed 12 months 
        and shall be compensated appropriately. Federal 
        agencies hiring interns shall provide the funds 
        necessary to support salaries and related costs.
    [(f) Eligible individuals
          [(1) Individuals eligible for participation in the 
        internship program are students enrolled at accredited 
        colleges or universities who have successfully 
        completed not less than four courses or the equivalent 
        in environmental sciences or studies, as determined by 
        the Administrator.
          [(2) Individuals eligible for participation in the 
        fellowship program are in-service teachers who are 
        currently employed by a local education agency and have 
        not less than 2 years experience in teaching 
        environmental education, environmental sciences, or 
        related courses.
    [(g) Applications
          Individuals shall be selected for internships and 
        fellowships based on applications which shall be in 
        such form as the Administrator considers appropriate.
    [(h) Geographic, cultural, and minority representation
          In selecting individuals for internships and 
        fellowships, the Administrator shall provide for wide 
        geographic, cultural, and minority representation.]

Sec. 5506. Repealed.

Sec. 5507. Environmental education awards

    (a) National education awards
          [The Administrator shall provide for a series of 
        national awards recognizing outstanding contributions 
        to environmental education.]
          The Administrator may provide for awards to be known 
        as the ``President's Environmental Youth Awards'' to be 
        given to young people in grades kindergarten through 12 
        for outstanding projects to promote local environmental 
        awareness.
          * * * * * * *

Sec. 5508. Environmental Education Advisory Council and Task Force

    (a) * * *
    (b) Advisory Council; duties; members; terms of office; 
compensation; termination
          (1) The Advisory Council shall advise, consult with, 
        and make recommendations to, the Administrator on 
        matters relating to activities, functions, and policies 
        of the Agency under this chapter. With respect to such 
        matters, the Council shall be the exclusive advisory 
        entity for the Administrator. The Council may exchange 
        information with other Advisory Councils established by 
        the Administrator. The Office of Environmental 
        Education shall provide staff support to the Council.
          (2) [The Advisory Council shall consist of 11 members 
        appointed by the Administrator after consultation with 
        the Secretary. Two members shall be appointed to 
        represent primary and secondary education (one of whom 
        shall be a classroom teacher); two members shall be 
        appointed to represent colleges and universities; two 
        members shall be appointed to represent not-for-profit 
        organization involved in environmental education; two 
        members shall be appointed to represent State 
        departments of education and natural resources; two 
        representatives shall be appointed to represent 
        business and industry; and one representative shall be 
        appointed to represent senior Americans. A 
        representative of the Secretary shall serve as an 
        exofficio member of the Advisory Council. The conflict 
        of interest provision at section 208(a) of title 18 
        shall not apply to members' participation in particular 
        matters which affect the financial interests of 
        employers which they represent pursuant to this 
        subsection.] The Advisory Council shall consist of not 
        more than 11 members appointed by the Administrator 
        after consultation with the Secretary. To the extent 
        practicable, the Administrator shall appoint to the 
        Advisory Council at least 1 representative from each of 
        the following sectors: primary and secondary education; 
        colleges and universities, not-for-profit organizations 
        involved in environmental education; State departments 
        of education and natural resources; business and 
        industry; and senior Americans.
          * * * * * * *
    (c) Federal Task Force on Environmental Education; duties; 
members
          (1) * * *
          (2) [Membership of the Task Force shall include the--
                  (A) Department of Education.
                  (B) Department of the Interior.
                  (C) Department of Agriculture.
                  (D) the Environmental Protection Agency.
                  (E) National Oceanic and Atmospheric 
                Administration.
                  (F) Council on Environmental Quality,
                  (G) Tennessee Valley Authority, and
                  (H) National Science Foundation.]
          Membership on the Task Force shall be open to 
        representatives of any Federal agency actively engaged 
        in environmental education.
          * * * * * * *
    (d) Reports
          (1) [The Advisory Council shall, after providing for 
        public review and comment, submit to the Congress, 
        within 24 months of November 16, 1990, and biennially 
        thereafter, a report which shall--]
          The Advisory Council shall hold a biennial meeting on 
        timely issues regrading environmental education and 
        issue a report and recommendations on the proceedings 
        of the meeting.
                  (A) The report shall describe and assess the 
                extent and quality of environmental education 
                in the Nation;
          * * * * * * *

Sec. 5509. [National Environmental Education and Training Foundation] 
                    Foundation For Environmental Education

    (a) Establishment and purposes
          (1) Establishment
          * * * * * * *
                  (A) There is hereby established the [National 
                Environmental Education and Training 
                Foundation] Foundation for Environmental 
                Education. The Foundation is established in 
                order to extend the contribution of 
                environmental education and training to meeting 
                critical environmental protection needs, both 
                in this country and internationally; to 
                facilitate the cooperation, coordination, and 
                contribution of public and private resources to 
                create an environmentally advanced educational 
                system; and to foster an open and effective 
                partnership among Federal, State, and local 
                government, business, industry, academic 
                institutions, community based environmental 
                groups, and international organizations.
          * * * * * * *
    (b) Board of Directors
          (1) Establishment and membership
                  (A) The Foundation shall have a governing 
                Board of Directors (hereafter referred to in 
                this section as ``the Board''), which shall 
                consist of [13] 19 directors, each of whom 
                shall be knowledgeable or experienced in the 
                environment, education and/or training. The 
                Board shall oversee the activities of the 
                Foundation and shall assure that the activities 
                of the Foundation are consistent with the 
                environmental and education goals and policies 
                of the Environmental Protection Agency and with 
                the intents and purposes of this chapter. The 
                membership of the Board, to the extent 
                practicable, shall represent diverse points of 
                view relating to environmental education and 
                training.
          * * * * * * *
    (d) [Conditions on donations
          [(1) For the purposes of this section, a gift, 
        devise, or bequest may be accepted by the Foundation 
        even though it is encumbered, restricted, or subject to 
        beneficial interests of private persons if any current 
        future interest therein is for the benefit of the 
        Foundation.
          [(2) No donation, gift, devise, bequest, property 
        (either real or personal), voluntary services, or any 
        other thing of value may be accepted by the Foundation 
        if it--
                  [(A) is contingent upon the transmission by 
                the Foundation of materials or information 
                prepared by the donor or a third party in such 
                a fashion as to convey a particular point of 
                view favorable to the economic interests of the 
                donor or its constituents or associates; or
                  [(B) in the judgment of the Board carries 
                with it an explicit or implied requirement on 
                the part of the Foundation to do a specific act 
                or make general representations which are to 
                the benefit of the donor and which are not 
                consistent with the environmental and education 
                goals and policies of the Environmental 
                Protection Agency and with the intents and 
                purposes of this chapter.
          [(3) No materials bearing ``logos'', letterhead or 
        other means of identification associated with a donor 
        or third party may be transmitted by the Foundation, 
        for use in environmental education and training except 
        as required pursuant to subsection (f) of this 
        section.]
    Acknowledgment of donors
          The Foundation may acknowledge receipt of donations 
        by means of a listing of the names of donors in 
        materials distributed by the Foundation, but any such 
        acknowledgment--
                  (A) shall not appear in educational material 
                to be presented to students; and
                  (B) shall not identify a donor by means of a 
                logo, letterhead, or other corporate commercial 
                symbol, slogan, or product.
          * * * * * * *

Sec. 5510. Authorization

    (a) Authorization of appropriations
          [There is hereby authorized to be appropriated to the 
        Environmental Protection Agency to carry out this 
        chapter not to exceed $12,000,000 for each fiscal year 
        1992 and 1993, not to exceed $13,000,000 for fiscal 
        year 1994, and not to exceed $14,000,000 for each 
        fiscal years 1995 and 1996.
    [(b) Limitations
          [Of such sums appropriated in a fiscal year, 25 
        percent shall be available for the activities of the 
        Office of Environmental Education, 25 percent shall be 
        available for the operation of the environmental 
        education and training program, 38 percent shall be 
        available for environmental education grants, 10 
        percent shall be available for support of the National 
        Environmental Education and Training Foundation, and 2 
        percent shall be available to support awards pursuant 
        to section 5507(e) of this title.]
          There are authorized to be appropriated to the 
        Environmental Protection Agency to carry out this Act--
                  (1) $10,000,000 for each of fiscal years 
                1997, 1998, 1999, 2000, 2001, and 2002; and
                  (2) such sums as are necessary for each of 
                fiscal years 2003 through 2007.
    (b) Limitations
          (1) In General
                  Subject to paragraph (2), of the amounts 
                appropriated under subsection (a) for fiscal 
                year--
                          (A) not more than 25 percent may be 
                        used for the activities of the Office 
                        of Environmental Education;
                          (B) not more than 25 percent may be 
                        used for the operation of the 
                        environmental education and training 
                        program;
                          (C) not less than 40 percent shall be 
                        used for environmental education 
                        grants; and
                          (D) 10 percent shall be used for the 
                        Foundation for Environmental Education.
          (2) Administrative expenses
                  Of the amounts made available under paragraph 
                (1) for a fiscal year for the activities of the 
                Office of Environmental Education, not more 
                than 25 percent may be used for administrative 
                expenses.
    (c) Availability of funds to [National Environmental 
Education and Training Foundation] Foundation for Environmental 
Education
          Funds appropriated pursuant to this section may be 
        made available to the [National Environmental Education 
        and Training Foundation] Foundation for Environmental 
        Education
                  (1) match partially or wholly the amount or 
                value of contributions (whether in currency, 
                services, or property) made to the Foundation 
                by private persons and State and local 
                governments; and
                  (2) provide administrative services under 
                section 5509(d) of this title:
        Provided, That the Administrator determines that such 
        funds will be used to carry out the statutory purposes 
        of the Foundation in a manner consistent with the 
        goals, objectives and programs of this chapter.
          * * * * * * *