[Senate Report 106-272]
[From the U.S. Government Publishing Office]





                                                       Calendar No. 515

106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-272

=======================================================================





 
                JOHN H. CHAFEE ENVIRONMENTAL EDUCATION 
                              ACT OF 1999

                                _______
                                

                 April 13, 2000.--Ordered to be printed

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 1946]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1946), to amend the National 
Environmental Education Act to redesignate that Act as the 
``John H. Chafee Environmental Education Act'', to establish 
the John H. Chafee Memorial Fellowship Program, to extend the 
programs under that Act, and for other purposes, having 
considered the same, reports favorably with amendments and 
recommends that the bill, as amended, 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 provided to State and local education 
agencies, institutions of higher education, other not-for-
profit organizations and noncommercial education broadcasting 
entities to support projects that design, demonstrate or 
disseminate practices, methods, or techniques related to 
environmental education and training. The Act also authorized 
the Office to create environmental internships and fellowships 
and environmental education awards.
    The Act 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.
Summary of S. 1946
    As amended and approved by the Committee on Environment and 
Public Works, the bill is a single title with eight sections. 
The bill extends the authorization for programs authorized by 
the National Environmental Education Act until 2005. The bill 
includes a number of changes to make programs authorized under 
the Act operate more efficiently and effectively.

                      Section-By-Section Analysis

Section 1. Short Title
    Section 1 establishes the short title of the bill and 
redesignates the National Environmental Education Act as the 
``John H. Chafee Environmental Education Act'' in honor of the 
late Senator John H. Chafee who died on October 24, 1999.
Sec. 2. Office of Environmental Education
    Section 2 ensures that the Office of Environmental 
Education's programs will be balanced and scientifically sound. 
This section seeks to ensure the 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 achieve 
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 that 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.
Sec. 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 5 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 also will go to these organizations above the $5,000 
amount. The 15 percent is not a ceiling for small grants, but a 
floor.
    Section 3 reaffirms the ban against supporting lobbying 
activities through the funding of the program grants. Lobbying 
activity is defined by the Act as described in documents issued 
by the Office of Management and Budget and designated as 
Circulars No. A-21 and No. 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. The purpose of this language is 
to ensure that this program does not become a vehicle to lobby 
Congress or the executive branch.
    Section 3 also requires that the EPA's Science Advisory 
Board review and approve all guidance on environmental 
education grants before it is issued by the Administrator. This 
is to ensure that the guidance materials are based on sound 
scientific principles.
Sec. 4. John H. Chafee Memorial Fellowship Program
    Section 4 establishes the John H. Chafee Memorial 
Fellowship Program and Fellowship Panel, and eliminates the 
internship and fellowship programs for the Office of 
Environmental Education. These EPA programs were never 
implemented fully due to the expense of operation and the 
duplicative nature of the programs with other Federal programs. 
The John H. Chafee Memorial Fellowship Program administers and 
awards five annual, $25,000, 1-year higher education 
fellowships in environmental sciences. Two of these John H. 
Chafee Fellowships are from the University of Rhode Island and 
three are from other sponsoring institutions. The purpose of 
the Program is to stimulate innovative graduate level study and 
the development of expertise in and effective approaches to 
complex, relevant and important environmental issues. The 
Fellowship Panel, consisting of 5 members appointed by the 
National Environmental Education Advisory Council, establishes 
the criteria for a competitive selection process for John H. 
Chafee Fellowship recipients.
Sec. 5. National Environmental 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 implemented fully and are duplicative of similar award 
programs operated mainly by non-government organizations. This 
change will highlight the importance of the Presidential 
awards, a program which honors primary and secondary students 
for outstanding projects to promote local environmental 
awareness.
Sec. 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 
and 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. Removing the current requirement will allow 
flexibility for the appropriate agencies to participate based 
upon current needs.
Sec. 7. National Environmental Learning Foundation
    Section 7 changes the name of the National Environmental 
Education and Training Foundation to the National Environmental 
Learning Foundation, 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. 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.
Sec. 8. Authorization of Appropriations
    Section 8 reauthorizes the program, with the funding level 
authorized at $10 million for each of fiscal years 2000 through 
2005, 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 also is increased to 40 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 are limited to no more than 25 percent of the funds 
provided. Section 8 also requires that the Office of 
Environmental Protection provide at the end of each fiscal year 
an Expense Report to Congress detailing how funds appropriated 
under the Act were spent.

                                Hearings

    No hearings were held on S. 1946.

                          Legislative History

    On November 17, 1999, Senator Inhofe introduced S. 1946, 
the John H. Chafee Environmental Education Act. The committee 
ordered the bill reported on February 9, 2000 by voice vote.

                             Rollcall Votes

    Section 7(b) of the 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 February 9, 2000, the committee met to consider S. 1946. 
The bill was agreed to by unanimous consent and was ordered 
reported by voice vote. No rollcall votes were taken.

                           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. 1946 imposes no Federal intergovernmental mandates on 
State, local or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 23, 2000.

Hon. Robert C. Smith, 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. 1946, the John H. 
Chafee Environmental Education Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for Federal costs), who can be reached at 226-2860, 
and Shelley Finlayson (for the State and local impact), who can 
be reached at 225-3220.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1946, John H. Chafee Environmental Education, as ordered reported by 
        the Senate Committee on Environment and Public Works on 
        February 9, 2000
Summary
    S. 1946 would redesignate the National Environmental 
Education Act as the John H. Chafee Environmental Education Act 
and would authorize the appropriation of $10 million annually 
over the 2000-2005 period to the Environmental Protection 
Agency (EPA) to carry out its responsibilities under the bill. 
The bill also would amend provisions of the National 
Environmental Education Act regarding environmental education 
grants, internships, fellowships, and awards. The bill would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. S. 1946 contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no other 
costs on State, local, or tribal governments.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 1946 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment). For 
the purpose of this estimate, CBO assumes that S. 1946 will be 
enacted by the summer of 2000 and that the full amounts 
authorized by the bill will be appropriated for each fiscal 
year. Estimated outlays are based on historical spending 
patterns for this program.


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
    Budget Authority............................................       7       0       0       0       0       0
    Estimated Outlays...........................................       7       1       0       0       0       0
Proposed Changes:
    Authorization Level.........................................       3      10      10      10      10      10
    Estimated Outlays...........................................       1      10      11      11      10      10
Spending Under S. 1946:
    Authorization Level a.......................................      10      10      10      10      10      10
    Estimated Outlays...........................................       8      11      11      11      10      10
----------------------------------------------------------------------------------------------------------------
a. The 2000 level includes the amount appropriated for that year.


Pay-As-You-Go Considerations: None.
Estimated Impact on State, Local, and Tribal Governments
    S. 1946 contains no intergovernmental mandates as defined 
in UMRA and would impose no other 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, 
in most cases, require 25 percent matching funds or in-kind 
contributions from the recipients.

Estimated Impact on the Private Sector: This bill would impose 
no new private-sector mandates as defined in UMRA.

Estimate Prepared by: Federal Costs: Susanne S. Mehlman (226-
2860); Impact on State, local, and tribal governments: Shelley 
Finlayson (225-3220).

Estimate Approved by: Robert A. Sunshine, 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:
                              ----------                              


                NATIONAL ENVIRONMENTAL EDUCATION ACT \1\
---------------------------------------------------------------------------

    \1\ Public Law 101-619.
---------------------------------------------------------------------------

          [As Amended Through P.L. 105-271, October 19, 1998]

   AN ACT to promote environmental education, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Title.--This Act may be cited as the ``National 
Environmental Education Act''.

    (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Findings and policy.
Sec. 3. Definitions.
Sec. 4. Office of Environmental Education.
Sec. 5. Environmental education and training program.
Sec. 6. Environmental education grants.
[Sec. 7. Environmental internships and fellowships.]
Sec. 7. John H. Chafee Memorial Fellowship Program.
[Sec. 8. Environmental education awards.]
Sec. 8. National environmental education awards.
Sec. 9. Environmental Education Advisory Council and Task Force.
[Sec. 10. National Environmental Education and Training Foundation.]
Sec. 10. National Environmental Learning Foundation.
[Sec. 11. Authorization.]
Sec. 11. Authorization of appropriations.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--The Congress finds that--
            (1) Threats to human health and environmental 
        quality are increasingly complex, involving a wide 
        range of conventional and toxic contaminants in the air 
        and water and on the land.
            (2) There is growing evidence of international 
        environmental problems, such as global warming, ocean 
        pollution, and declines in species diversity, and that 
        these problems pose serious threats to human health and 
        the environment on a global scale.
            (3) Environmental problems represent as significant 
        a threat to the quality of life and the economic 
        vitality of urban areas as they do the natural balance 
        of rural areas.
            (4) Effective response to complex environmental 
        problems requires understanding of the natural and 
        built environment, awareness of environmental problems 
        and their origins (including those in urban areas), and 
        the skills to solve these problems.
            (5) Development of effective solutions to 
        environmental problems and effective implementation of 
        environmental programs requires a well educated and 
        trained, professional work force.
            (6) Current Federal efforts to inform and educate 
        the public concerning the natural and built environment 
        and environmental problems are not adequate.
            (7) Existing Federal support for development and 
        training of professionals in environmental fields is 
        not sufficient.
            (8) The Federal Government, acting through the 
        Environmental Protection Agency, should work with local 
        education institutions, State education agencies, not-
        for-profit educational and environmental organizations, 
        noncommercial educational broadcasting entities, and 
        private sector interests to support development of 
        curricula, special projects, and other activities, to 
        increase understanding of the natural and built 
        environment and to improve awareness of environmental 
        problems.
            (9) The Federal Government, acting through the 
        coordinated efforts of its agencies and with the 
        leadership of the Environmental Protection Agency, 
        should work with local education institutions, State 
        education agencies, not-for-profit educational and 
        environmental organizations, noncommercial educational 
        broadcasting entities, and private sector interests to 
        develop programs to provide increased emphasis and 
        financial resources for the purpose of attracting 
        students into environmental engineering and assisting 
        them in pursuing the programs to complete the advanced 
        technical education required to provide effective 
        problem solving capabilities for complex environmental 
        issues.
            (10) Federal natural resource agencies such as the 
        United States Forest Service have a wide range of 
        environmental expertise and a long history of 
        cooperation with educational institutions and 
        technology transfer that can assist in furthering the 
        purposes of the Act.
    (b) Policy.--It is the policy of the United States to 
establish and support a program of education on the 
environment, for students and personnel working with students, 
through activities in schools, institutions of higher 
education, and related educational activities, and to encourage 
postsecondary students to pursue careers related to the 
environment.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Administrator'' means the Administrator of 
        the Environmental Protection Agency;
            (2) ``Agency'' means the United States 
        Environmental Protection Agency;
            (3) ``Federal agency'' or ``agency of the United 
        States'' means any department, agency or other 
        instrumentality of the Federal Government, any 
        independent agency or establishment of the Federal 
        Government including any Government corporation;
            (4) ``Secretary'' means the Secretary of the 
        Department of Education;
            (5) ``local educational agency'' means any 
        education agency as defined in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 3381) and shall include any tribal education 
        agency;
            (6) ``not-for-profit'' organization means an 
        organization, association, or institution described in 
        section 501(c)(3) of the Internal Revenue Code of 1986, 
        which is exempt from taxation pursuant to the 
        provisions of section 501(a) of such Code;
            (7) ``noncommercial education broadcasting 
        entities'' means any noncommercial educational 
        broadcasting station (and/or its legal nonprofit 
        affiliates) as defined and licensed by the Federal 
        Communications Commission;
            (8) ``tribal education agency'' means a school or 
        community college which is controlled by an Indian 
        tribe, band, or nation, including any Alaska Native 
        village, which is recognized as eligible for special 
        programs and services provided by the United States to 
        Indians because of their status as Indians and which is 
        not administered by the Bureau of Indian Affairs;
            (9) ``Federal natural resource management 
        agencies'' means the United States Forest Service, the 
        Bureau of Land Management, the National Park Service, 
        and the Fish and Wildlife Service;
            (10) ``environmental engineering'' means the 
        discipline within engineering and science concerned 
        with the development and application of scientific and 
        technical solutions to protecting the aquatic and 
        atmospheric environment, including, but not limited to, 
        all phases of water resources planning, water supply, 
        water treatment, air pollution characterization and 
        control, remediation of hazardous substances, 
        environmental transport of contaminants in surface and 
        ground water and atmosphere, and methods for assessment 
        and control of pollution;
            (11) ``environmental education'' and 
        ``environmental education and training'' mean 
        educational activities and training activities 
        involving elementary, secondary, and postsecondary 
        students, as such terms are defined in the State in 
        which they reside, and environmental education 
        personnel, but does not include technical training 
        activities directed toward environmental management 
        professionals or activities primarily directed toward 
        the support of noneducational research and development;
            [(12) ``Foundation'' means the National 
        Environmental Education and Training Foundation 
        established pursuant to section 10 of this Act; and]
            (12) ``Foundation'' means the National 
        Environmental Learning Foundation established by 
        section 10;
            (13) ``Board of Directors'' means the Board of 
        Directors of the [National Environmental Education and 
        Training Foundation.] Foundation;
            (14) ``Panel'' means the John H. Chafee Fellowship 
        Panel established under section 7(f);
            (15) ``sponsoring institution'' means an 
        institution of higher education (as defined in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001));
            (16) ``elementary school'' has the meaning given 
        the term in section 14101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8801); and
            (17) ``secondary school'' has the meaning given the 
        term in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801).

SEC. 4. OFFICE OF ENVIRONMENTAL EDUCATION.

    (a) The Administrator shall establish an Office of 
Environmental Education within the Environmental Protection 
Agency.
    (b) 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;
            (2) support development and the widest possible 
        dissemination of model curricula, educational 
        materials, and training programs for elementary and 
        secondary students and other interested groups, 
        including senior Americans;
            (3) develop and disseminate, in cooperation with 
        other Federal agencies, not-for-profit educational and 
        environmental organizations, State agencies, and 
        noncommercial educational broadcasting entities, 
        environmental education publications and audio/visual 
        and other media materials;
            (4) develop and support environmental education 
        seminars, training programs, teleconferences, and 
        workshops for environmental education professionals, as 
        provided for in section 5 of this Act;
            (5) manage Federal grant assistance provided to 
        local education agencies, institutions of higher 
        education, other not-for-profit organizations, and 
        noncommercial education broadcasting entities, under 
        section 6 of this Act;
            [(6) administer the environmental internship and 
        fellowship programs provided for in section 7 of this 
        Act;]
            [(7)] (6) administer the environmental awards 
        program provided for in section 8 of this Act;
            [(8)] (7) provide staff support to the Advisory 
        Council and Task Force provided for in section 9 of 
        this Act;
            [(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 Act through the headquarters and 
        the regional offices of the Agency.
    [(c) 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 regional office of the Agency.
    (d) Activities.--The Administrator may carry out the 
activities described in subsection (b) directly or through 
awards of grants, cooperative agreements, or contracts.

SEC. 5. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM.

    (a) There is hereby established an Environmental Education 
and Training Program. The purpose of the program shall be to 
train educational professionals in the development and delivery 
of environmental education and training programs and studies.
    (b) The functions and activities of the program shall 
include, at a minimum--
            (1) classroom training in environmental education 
        and studies including environmental sciences and 
        theory, educational methods and practices, 
        environmental career or occupational education, and 
        topical environmental issues and problems;
            (2) demonstration of the design and conduct of 
        environmental field studies and assessments;
            (3) development of environmental education programs 
        and curriculum, including programs and curriculum to 
        meet the needs of diverse ethnic and cultural groups;
            (4) sponsorship and management of international 
        exchanges of teachers and other educational 
        professionals between the United States, Canada, and 
        Mexico involved in environmental programs and issues;
            (5) maintenance or support of a library of 
        environmental education materials, information, 
        literature, and technologies, with electronic as well 
        as hard copy accessibility;
            (6) evaluation and dissemination of environmental 
        education materials, training methods, and related 
        programs;
            (7) sponsorship of conferences, seminars, and 
        related forums for the advancement and development of 
        environmental education and training curricula and 
        materials, including international conferences, 
        seminars, and forums;
            (8) supporting effective partnerships and networks 
        and the use of distant learning technologies; and
            (9) such other activities as the Administrator 
        determines to be consistent with the policies of this 
        Act. Special emphasis should be placed on developing 
        environmental education programs, workshops, and 
        training tools that are portable and can be broadly 
        disseminated.
    (c)(1) The Administrator shall make a grant on an annual 
basis to an institution of higher education or other 
institution which is a not-for-profit institution (or consortia 
of such institutions) to operate the environmental education 
and training program required by this section.
    (2) Any institution of higher education or other 
institution (or consortia of such institutions) which is a not-
for-profit organization and is interested in receiving a grant 
under this section may submit to the Administrator an 
application in such form and containing such information as the 
Administrator may require.
    (3) The Administrator shall award grants under this section 
on the basis of--
            (A) the capability to develop environmental 
        education and training programs;
            (B) the capability to deliver training to a range 
        of participants and in a range of settings;
            (C) the expertise of the staff in a range of 
        appropriate disciplines;
            (D) the relative economic effectiveness of the 
        program in terms of the ratio of overhead costs to 
        direct services;
            (E) the capability to make effective use of 
        existing national environmental education resources and 
        programs;
            (F) the results of any evaluation under paragraph 
        (5) of this subsection; and
            (G) such other factors as the Administrator deems 
        appropriate.
    (4) No funds made available to carry out this section shall 
be used for the acquisition of real property (including 
buildings) or the construction or substantial modification of 
any building.
    (5) The Administrator shall establish procedures for a 
careful and detailed review and evaluation of the environmental 
education and training program to determine whether the quality 
of the program being operated by the grantee warrants continued 
support under this section.
    (d)(1) Individuals eligible for participation in the 
program are teachers, faculty, administrators and related 
support staff associated with local education agencies, 
colleges, and universities, employees of State education, 
environmental protection, and natural resource departments, and 
employees of not-for-profit organizations involved in 
environmental education activities and issues.
    (2) Individuals shall be selected for participation in the 
program based on applications which shall be in such form as 
the Administrator determines to be appropriate.
    (3) In selecting individuals to participate in the program, 
the Administrator shall provide for a wide geographic 
representation and a mix of individuals, including minorities, 
working at primary, secondary, postsecondary levels, and with 
appropriate other agencies and departments.
    (4) Individuals selected for participation in the program 
may be provided with a stipend to cover travel and 
accommodations from grant funds awarded pursuant to this 
section in such amounts as the Administrator determines to be 
appropriate.

SEC. 6. ENVIRONMENTAL EDUCATION GRANTS.

    (a) The Administrator may enter into a cooperative 
agreement or contract, or provide financial assistance in the 
form of a grant, to support projects to design, demonstrate, or 
disseminate practices, methods, or techniques related to 
environmental education and training.
    (b) Activities eligible for grant support pursuant to this 
section shall include, but not be limited to, environmental 
education and training programs for--
            (1) design, demonstration, or dissemination of 
        environmental curricula, including development of 
        educational tools and materials;
            (2) design and demonstration of field methods, 
        practices, and techniques, including assessment of 
        environmental and ecological conditions and analysis of 
        environmental pollution problems;
            (3) projects to understand and assess a specific 
        environmental issue or a specific environmental 
        problem;
            (4) provision of training or related education for 
        teachers, faculty, or related personnel in a specific 
        geographic area or region; and
            (5) design and demonstration of projects to foster 
        international cooperation in addressing environmental 
        issues and problems involving the United States and 
        Canada or Mexico.
    (c) In making grants pursuant to this section, the 
Administrator shall give priority to those proposed projects 
which will develop--
            (1) a new or significantly improved environmental 
        education practice, method, or technique;
            (2) an environmental education practice, method, or 
        technique which may have wide application;
            (3) an environmental education practice, method, or 
        technique which addresses a skill or scientific field 
        identified as a priority in the report developed 
        pursuant to section 9(d) of this Act; and
            (4) an environmental education practice, method, or 
        technique which addresses an environmental issue which, 
        in the judgment of the Administrator, is of a high 
        priority.
    (d) The program established by this section shall include 
solicitations for projects, selection of suitable projects from 
among those proposed, supervision of such projects, evaluation 
of the results of projects, and dissemination of information on 
the effectiveness and feasibility of the practices, methods, 
techniques and processes. Within one year of the date of 
enactment of this Act, the Administrator shall publish 
regulations to assure satisfactory implementation of each 
element of the program authorized by this section.
    (e) Within 90 days after the date on which amounts are 
first appropriated for carrying out this Act, and each year 
thereafter, the Administrator shall publish a solicitation for 
environmental education grants. The solicitation notice shall 
prescribe the information to be included in the proposal and 
other information sufficient to permit the Administrator to 
assess the project.
    (f) Any local education agency, college or university, 
State education agency or environmental agency, not-for-profit 
organization, or noncommercial educational broadcasting entity 
may submit an application to the Administrator in response to 
the solicitations required by subsection (e) of this section.
    (g) Each project under this section shall be performed by 
the applicant, or by a person satisfactory to the applicant and 
the Administrator.
    (h) Federal funds for any demonstration project under this 
section shall not exceed 75 percent of the total cost of such 
project. For the purposes of this section, the non-Federal 
share of project costs may be provided by inkind contributions 
and other noncash support. In cases where the Administrator 
determines that a proposed project merits support and cannot be 
undertaken without a higher rate of Federal support, the 
Administrator may approve grants under this section with a 
matching requirement other than that specified in this 
subsection, including full Federal funding.
    (i) Grants under this section shall not exceed $250,000. In 
addition, [25 percent] 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).
    (k) Guidance Review.--Before the Administrator issues any 
guidance to grant applicants, the guidance shall be reviewed 
and approved by the Science Advisory Board of the Agency 
established by section 8 of the Environmental Research, 
Development, and Demonstration Authorization Act of 1978 (42 
U.S.C. 4365).

[SEC. 7. ENVIRONMENTAL INTERNSHIPS AND FELLOWSHIPS.

    [(a) 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) 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) The Administrator shall, to the extent practicable, 
support not less than 250 internships each year and not less 
than 50 fellowships each year.
    [(d) 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) 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)(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) Individuals shall be selected for internships and 
fellowships based on applications which shall be in such form 
as the Administrator considers appropriate.
    [(h) In selecting individuals for internships and 
fellowships, the Administrator shall provide for wide 
geographic, cultural, and minority representation.]

SEC. 7. JOHN H. CHAFEE MEMORIAL FELLOWSHIP PROGRAM.

    (a) Establishment.--There is established the John H. Chafee 
Memorial Fellowship Program for the award and administration of 
5 annual 1-year higher education fellowships in environmental 
sciences, to be known as ``John H. Chafee Fellowships''.
    (b) Purpose.--The purpose of the John H. Chafee Memorial 
Fellowship Program is to stimulate innovative graduate level 
study and the development of expertise in complex, relevant, 
and important environmental issues and effective approaches to 
addressing those issues through organized programs of guided 
independent study and environmental research.
    (c) Award.--Each John H. Chafee Fellowship shall--
            (1) be made available to individual candidates 
        through a sponsoring institution and in accordance with 
        an annual competitive selection process established 
        under subsection (f)(3); and
            (2) be in the amount of $25,000.
    (d) Focus.--Each John H. Chafee Fellowship shall focus on--
            (1) effective land and resource management;
            (2) innovative open space preservation;
            (3) science associated with such worldwide issues 
        as global climate change and sustainable marine 
        resources; or
            (4) any other issue that a sponsoring institution 
        determines to be appropriate.
    (e) Sponsoring Institutions.--Each year--
            (1) 2 John H. Chafee Fellowships shall be awarded 
        by the University of Rhode Island; and
            (2) 3 John H. Chafee Fellowships may be applied for 
        through any other sponsoring institution.
    (f) Panel.--
            (1) In general.--The National Environmental 
        Education Advisory Council established by section 9(a) 
        shall establish and administer the John H. Chafee 
        Fellowship Panel.
            (2) Membership.--The Panel shall consist of 5 
        members, appointed by a majority vote of members of the 
        National Environmental Education Advisory Council, of 
        whom--
                    (A) 2 members shall be professional 
                educators in higher education;
                    (B) 2 members shall be environmental 
                scientists; and
                    (C) 1 member shall be a public 
                environmental policy analyst.
            (3) Duties.--The Panel shall--
                    (A) establish criteria for a competitive 
                selection process for recipients of John H. 
                Chafee Fellowships;
                    (B) receive applications for John H. Chafee 
                Fellowships; and
                    (C) annually review applications and select 
                recipients of John H. Chafee Fellowships.
    (g) Distribution of Funds.--The amount of each John H. 
Chafee Fellowship shall be provided directly to each recipient 
selected by the Panel upon receipt of a certification from the 
recipient that the recipient will adhere to a specific and 
detailed plan of study and research.
    (h) Funding.--From amounts made available under section 
11(b)(1)(C) for each fiscal year, the Office of Environmental 
Education shall make available--
            (1) $125,000 for John H. Chafee Memorial 
        Fellowships; and
            (2) $25,000 to pay administrative expenses incurred 
        in carrying out the John H. Chafee Memorial Fellowship 
        Program.

[SEC. 8. ENVIRONMENTAL EDUCATION AWARDS.

    [(a) The Administrator shall provide for a series of 
national awards recognizing outstanding contributions to 
environmental education.
    [(b) In addition to such other awards as the Administrator 
may provide for, national environmental awards shall include--
            [(1) The ``Theodore Roosevelt Award'' to be given 
        in recognition of an outstanding career in 
        environmental education, teaching, or administration;
            [(2) The ``Henry David Thoreau Award'' to be given 
        in recognition of an outstanding contribution to 
        literature on the natural environment and environmental 
        pollution problems;
            [(3) The ``Rachael Carson Award'' to be given in 
        recognition of an outstanding contribution in print, 
        film, or broadcast media to public education and 
        information on environmental issues or problems; and
            [(4) The ``Gifford Pinchot Award'' to be given in 
        recognition of an outstanding contribution to education 
        and training concerning forestry and natural resource 
        management, including multiple use and sustained yield 
        land management.
    [(c) Recipients of education awards provided for in 
subsection (b) shall be nominated by the Environmental 
Education Advisory Council provided for in section 9 of this 
Act.
    [(d) The Administrator may provide for the ``President's 
Environmental Youth Awards'' to be given to young people in 
grades kindergarten through twelfth for an outstanding project 
to promote local environmental awareness.
    [(e)(1) The Chairman of the Council on Environmental 
Quality, on behalf of the President, is authorized to develop 
and administer an awards program to recognize elementary and 
secondary education teachers and their local educational 
agencies who demonstrate excellence in advancing environmental 
education through innovative approaches. One teacher, and the 
local education agency employing such teacher, from each State, 
including the District of Columbia and the Commonwealth of 
Puerto Rico, are eligible to be selected for an award pursuant 
to this subsection.
    [(2) The Chairman is authorized to provide a cash award of 
up to $2,500 to each teacher selected to receive an award 
pursuant to this section, which shall be used to further the 
recipient's professional development in environmental 
education.
    [(3) The Chairman is also authorized to provide a cash 
award of up to $2,500 to the local education agency employing 
any teacher selected to receive an award pursuant to this 
section, which shall be used to fund environmental educational 
activities and programs. Such awards may not be used for 
construction costs, general expenses, salaries, bonuses, or 
other administrative expenses.]

SEC. 8. NATIONAL ENVIRONMENTAL EDUCATION AWARDS.

    (a) President's Environmental Youth Awards.--The 
Administrator may establish a program for the granting and 
administration of awards, to be known as `President's 
Environmental Youth Awards', to young people in grades 
kindergarten through 12 to recognize outstanding projects to 
promote local environmental awareness.
    (b) Teachers' Awards.--
            (1) In general.--The Chairman of the Council on 
        Environmental Quality, on behalf of the President, may 
        establish a program for the granting and administration 
        of awards to recognize--
                    (A) teachers in elementary schools and 
                secondary schools who demonstrate excellence in 
                advancing environmental education through 
                innovative approaches; and
                    (B) the local educational agencies of the 
                recognized teachers.
            (2) Eligibility.--One teacher, and the local 
        education agency employing the teacher, from each 
        State, the District of Columbia, and the Commonwealth 
        of Puerto Rico, shall be eligible to be selected for an 
        award under this subsection.

SEC. 9. ENVIRONMENTAL EDUCATION ADVISORY COUNCIL AND TASK FORCE.

    (a) There is hereby established a National Environmental 
Education Advisory Council and a Federal Task Force on 
Environmental Education.
    (b)(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 
Act. 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 organizations 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. ]
            (2) Membership.--
                    (A) In general.--The Advisory Council shall 
                consist of not more than 11 members appointed 
                by the Administrator after consultation with 
                the Secretary.
                    (B) Representatives of sectors.--To the 
                maximum extent practicable, the Administrator 
                shall appoint to the Advisory Council at least 
                1 member to represent each of--
                            (i) elementary schools and 
                        secondary schools;
                            (ii) colleges and universities;
                            (iii) not-for-profit organizations 
                        involved in environmental education;
                            (iv) State departments of education 
                        and natural resources;
                            (v) business and industry; and
                            (vi) senior Americans. [A 
                        representative]
                    (C) Representative of the secretary.--A 
                representative of the Secretary shall serve as 
                an ex officio member of the Advisory Council. 
                [The conflict]
                    (D) Conflicts of interest.--The conflict of 
                interest provision at section 208(a) of title 
                18, United States Code, shall not apply to 
                members' participation in particular matters 
                which affect the financial interests of 
                employers which they represent pursuant to this 
                subsection.
    (3) The Administrator shall provide that members of the 
Council represent the various geographic regions of the 
country, has minority representation, and that the professional 
backgrounds of the members include scientific, policy, and 
other appropriate disciplines.
    (4) Each member of the Advisory Council shall hold office 
for a term of 3 years, except that--
            (A) any member appointed to fill a vacancy 
        occurring prior to the expiration of the term for which 
        his predecessor was appointed shall be appointed for 
        the remainder of such term; and
            (B) the terms of the members first taking office 
        shall expire as follows: four shall expire 3 years 
        after the date of enactment of this Act, four shall 
        expire 2 years after such date, and three shall expire 
        1 year after such date, as designated by the 
        Administrator at the time of appointment.
    (5) Members of the Advisory Council appointed under this 
section shall, while attending meetings of the Council or 
otherwise engaged in business of the Council, receive 
compensation and allowances at a rate to be fixed by the 
Administrator, but not exceeding the daily equivalent of the 
annual rate of basic pay in effect for grade GS-18 of the 
General Schedule for each day (including travel time) during 
which they are engaged in the actual performance of duties 
vested in the Council. While away from their homes or regular 
places of business in the performance of services for the 
Council, members of the Council shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in the 
Government service are allowed expenses under section 5703(b) 
of title 5 of the United States Code.
    (6) Section 14(a) of the Federal Advisory Committee Act 
relating to termination, shall not apply to the Advisory 
Council.
    (c)(1) The Federal Task Force on Environmental Education 
shall advise, consult with and make recommendations to the 
Administrator on matters relating to implementation of this Act 
and assure the coordination of such implementation activities 
with related activities of other Federal agencies.
    [(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.]
    (2) Membership.--Membership on the Task Force shall be open 
to representatives of any Federal agency actively engaged in 
environmental education.
    (3) The Environmental Protection Agency shall chair the 
Task Force.
    (4) The Administrator may ask other Federal agencies to 
participate in the meetings and activities of the Task Force 
where the Administrator finds it appropriate in carrying out 
the requirements of this Act.
    [(d)(1) The Advisory Council shall, after providing for 
public review and comment, submit to the Congress, within 24 
months of enactment of this Act and biennially thereafter, a 
report which shall--
            [(A) describe and assess the extent and quality of 
        environmental education in the Nation;
            [(B) provide a general description of the 
        activities conducted pursuant to this Act and related 
        authorities over the previous 2-year period;
            [(C) summarize major obstacles to improving 
        environmental education (including environmental 
        education programs relating to national parks and 
        wildlife refuges) and make recommendations for 
        addressing such obstacles;
            [(D) identify personnel skills, education, and 
        training needed to respond to current and anticipated 
        environmental problems and make recommendations for 
        actions to assure sufficient educational and training 
        opportunities in these professions; and
            [(E) describe and assess the extent and quality of 
        environmental education programs available to senior 
        Americans and make recommendations thereon; describe 
        the various Federal agency programs to further senior 
        environmental education; and evaluate and make 
        recommendations as to how such educational apparatuses 
        could best be coordinated with nonprofit senior 
        organizations across the Nation, and environmental 
        education institutions and organizations now in 
        existence.
    [(2) The]
    (d) Meetings and Reports.--
            (1) In general.--The Advisory Council shall--
                    (A) hold biennial meetings on timely issues 
                regarding environmental education; and
                    (B) issue a report describing the 
                proceedings of each meeting and recommendations 
                resulting from the meeting.
            (2) Review and comment on draft reports.--The 
        Federal Task Force on Environmental Education shall 
        review and comment on a draft of the report to 
        Congress.

[SEC. 10. THE NATIONAL ENVIRONMENTAL EDUCATION AND TRAINING 
                    FOUNDATION.]

SEC. 10. NATIONAL ENVIRONMENTAL LEARNING FOUNDATION.

    (a) Establishment and Purposes.--
            (1) Establishment.--(A) There is hereby established 
        the [National Environmental Education and Training 
        Foundation] National Environmental Learning Foundation. 
        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) The Foundation is a charitable and nonprofit 
        corporation whose income is exempt from tax, and 
        donations to which are tax deductible to the same 
        extent as those organizations listed pursuant to 
        section 501(c) of the Internal Revenue Code of 1986. 
        The Foundation is not an agency or establishment of the 
        United States.
            (2) Purposes.--The purposes of the Foundation are--
                    (A) subject to the limitation contained in 
                the final sentence of subsection (d) herein, to 
                encourage, accept, leverage, and administer 
                private gifts for the benefit of, or in 
                connection with, the environmental education 
                and training activities and services of the 
                United States Environmental Protection Agency;
                    (B) to conduct such other environmental 
                education activities as will further the 
                development of an environmentally conscious and 
                responsible public, a well-trained and 
                environmentally literate workforce, and an 
                environmentally advanced educational system; 
                \1\
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    \1\ So in original. Probably should end with ``and''.
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                    (C) to participate with foreign entities 
                and individuals in the conduct and coordination 
                of activities that will further opportunities 
                for environmental education and training to 
                address environmental issues and problems 
                involving the United States and Canada or 
                Mexico.
            (3) Programs.--The Foundation will develop, 
        support, and/or operate programs and projects to 
        educate and train educational and environmental 
        professionals, and to assist them in the development 
        and delivery of environmental education and training 
        programs and studies.
    (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 Act. The 
        membership of the Board, to the extent practicable, 
        shall represent diverse points of view relating to 
        environmental education and training.
            (B) The Administrator of the Environmental 
        Protection Agency shall, pursuant to paragraph (2), 
        appoint the Director of the Office of Environmental 
        Education established pursuant to section 3 of this Act 
        as an ex-officio member of the Board. Ex officio 
        membership shall also be offered to other Federal 
        agencies or departments with an interest and/or 
        experience in environmental education and training.
            (C) Appointment to the Board shall not constitute 
        employment by, or the holding of an office of, the 
        United States for the purposes of any Federal law.
            (2) Appointment and terms.--(A) Members of the 
        Board shall be appointed by the Administrator of the 
        Environmental Protection Agency.
            (B) Within 90 days of the date of the enactment of 
        this Act, and as appropriate thereafter, the 
        Administrator shall publish in the Federal Register an 
        announcement of appointments of Directors of the Board. 
        At the same time, the Administrator shall transmit a 
        copy of such announcement to the Education and Labor 
        Committee and the Committee on Energy and Commerce of 
        the House of Representatives and the Committee on 
        Environment and Public Works of the United States 
        Senate. Such appointments shall become final and 
        effective 90 days after publication in the Federal 
        Register.
            (C) The directors shall be appointed for terms of 4 
        years, except that the Administrator, in making the 
        initial appointments to the Board, shall appoint 5 
        directors to a term of 2 years, 4 directors to a term 
        of 3 years, and 4 directors to a term of 4 years. The 
        Administrator shall appoint an individual to serve as a 
        director in the event of a vacancy on the Board within 
        60 days of said vacancy in the manner in which the 
        original appointment was made. No individual may serve 
        more than 2 consecutive terms as a director.
            (3) Chair.--The Chair shall be elected by the Board 
        from its members for a 2-year term.
            (4) Quorum.--A majority of the current membership 
        of the Board shall constitute a quorum for the 
        transaction of business.
            (5) Meetings.--The Board shall meet at the call of 
        the Chair at least twice a year. If a Director misses 
        three consecutive regularly scheduled meetings, that 
        individual may be removed from the Board and that 
        vacancy filled in accordance with this subsection.
            (6) Reimbursement of expenses.--Members of the 
        Board shall serve without pay, but may be reimbursed 
        for the actual and necessary traveling and subsistence 
        expenses incurred by them in the performance of the 
        duties of the Foundation.
            (7) General powers.--(A) The Board may complete the 
        organization of the Foundation by--
                    (i) appointing officers and employees;
                    (ii) adopting a constitution and bylaws 
                consistent with the purposes of the Foundation 
                and the provisions of this section; and
                    (iii) undertaking such other acts as may be 
                necessary to carry out the provisions of this 
                section.
            (B) The following limitations apply with respect to 
        the appointment of officers and employees of the 
        Foundation:
                    (i) Officers and employees may not be 
                appointed until the Foundation has sufficient 
                funds to pay for their service. Officers and 
                employees of the Foundation shall be appointed 
                without regard to the provisions of title 5, of 
                the United States Code, governing appointments 
                in the competitive service, and may be paid 
                without regard to the provisions of chapter 51 
                or subchapter III of chapter 53 of such title 
                relating to classification and General Schedule 
                pay rates, except that no individual so 
                appointed may receive pay in excess of the 
                annual rate of basic pay in effect for grade 
                GS-18 of the General Schedule.
                    (ii) The first officer or employee 
                appointed by the Board shall be the Executive 
                Director of the Foundation who--
                            (I) shall serve, at the direction 
                        of the Board, as the Secretary of the 
                        Board and the Foundation's chief 
                        executive officer; and
                            (II) shall be experienced in 
                        matters relating to environmental 
                        education and training.
    (c) Rights and Obligations of the Foundation.--
            (1) In general.--The Foundation--
                    (A) shall have perpetual succession;
                    (B) may conduct business throughout the 
                several States, territories, and possessions of 
                the United States and abroad;
                    (C) shall have its principal offices in the 
                District of Columbia or in the greater 
                metropolitan area; and
                    (D) shall at all times maintain a 
                designated agent authorized to accept service 
                of process for the Foundation.
        The service of notice to, or service of notice upon, 
        the agent required under paragraph (4), or mailed to 
        the business address of such agent, shall be deemed as 
        service upon or notice to the Foundation.
            (2) Seal.--The Foundation shall have an official 
        seal selected by the Board which shall be judicially 
        noticed.
            (3) Powers.--To carry out its purposes under 
        section 10(a) of this Act, the Foundation shall have, 
        in addition to the powers otherwise given it under this 
        section, the usual powers of a corporation acting as a 
        trustee, including the power--
                    (A) to accept, receive, solicit, hold, 
                administer, and use any gift, devise, or 
                bequest, either absolutely or in trust, of real 
                or personal property or any income therefrom or 
                other interest therein;
                    (B) to acquire by purchase or exchange any 
                real or personal property or interest therein;
                    (C) unless otherwise required by the 
                instrument of transfer, to sell, donate, lease, 
                invest, reinvest, retain, or otherwise dispose 
                of any property or income therefrom;
                    (D) to sue, or to be sued, and complain or 
                defend itself in any court of competent 
                jurisdiction, except that the Directors of the 
                Board shall not be personally liable, except 
                for gross negligence;
                    (E) to enter into contracts or other 
                arrangements with public agencies and private 
                organizations and persons and to make such 
                payments as may be necessary to carry out its 
                functions; and
                    (F) to do any and all acts necessary and 
                proper to carry out the purposes of the 
                Foundation.
    (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 Act.
            [(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).]
            (3) 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, except that any such acknowledgment--
                    (A) shall not appear in educational 
                material presented to students; and
                    (B) shall not identify a donor by means of 
                a logo, letterhead, or other corporate 
                commercial symbol, slogan, or product.
    (e) Administrative Services and Support.--Subject to the 
requirements of this subsection, the Administrator may provide 
personnel, facilities, and other administrative services to the 
Foundation, including reimbursement of expenses under 
subsection (b)(6) of this section, not to exceed then current 
Federal Government per diem rates, [for a period of up to 4 
years from the date of enactment of this Act,] and may accept 
reimbursement therefor, to be deposited in the Treasury to the 
credit of the appropriations then current and chargeable for 
the costs of providing such services. With respect to 
personnel, the Administrator may provide no more than 1 full-
time employee to serve the Foundation in a policy capacity, and 
may provide clerical and other support staff at a level 
equivalent to 2 full-time equivalent employees to the 
Foundation, for a period not to exceed 2 years from the date of 
initial assignment of any personnel for this purpose.
    (f) Report.--The Foundation shall, as soon as practicable 
after the end of each fiscal year, transmit to Congress a 
report of its proceedings and activities during the year, 
including a full and complete statement of its receipts, 
expenditures, and investments.
    (g) Volunteer Status.--The Administrator may accept, 
without regard to the civil service classification laws, rules, 
or regulations, the services of the Foundation, the Board, and 
the officers and employees of the Board, without compensation 
from the Environmental Protection Agency, as volunteers in the 
performance of the functions authorized herein, in the manner 
provided for under this section.
    (h) Audits and Petition of the Attorney General for 
Equitable Relief.--For purposes of the Act entitled ``An Act 
for audit of accounts of private corporations established under 
Federal law'', approved August 30, 1964 (Public Law 88-504; 36 
U.S.C. 1101-1103), the Foundation shall be treated as a private 
corporation established under Federal law.
    (i) United States Release From Liability.--The United 
States shall not be liable for any debts, defaults, acts, or 
omissions of the Foundation nor shall the full faith and credit 
of the United States extend to any obligation of the 
Foundation.
    (j) Amendment and Repeal.--The Congress expressly reserves 
the right to repeal or amend this section at any time.

[SEC. 11. AUTHORIZATION.

    [(a) There is hereby authorized to be appropriated to the 
Environmental Protection Agency to carry out this Act 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 year 1995 and 1996.
    [(b) 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 8(e) of this Act.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to 
the Environmental Protection Agency to carry out this Act 
$10,000,000 for each of fiscal years 2000 through 2005.
    (b) Limitations.--
            (1) In general.--Subject to paragraph (2), of the 
        amounts made available under subsection (a) for each 
        fiscal year--
                    (A) not more than 25 percent may be used 
                for the activities of the Office of 
                Environmental Education established under 
                section 4;
                    (B) not more than 25 percent may be used 
                for the operation of the environmental 
                education and training program under section 5;
                    (C) not less than 40 percent shall be used 
                for environmental education grants under 
                section 6 and for the John H. Chafee Memorial 
                Fellowship Program under section 7; and
                    (D) 10 percent shall be used for the 
                activities of the Foundation under sections 7 
                and 10.
            (2) Administrative expenses.--Of the amounts made 
        available under paragraph (1)(A) for each fiscal year, 
        not more than 25 percent may be used for administrative 
        expenses of the Office of Environmental Education.
    (c) Expense Report.--As soon as practicable after the end 
of each fiscal year, the Administrator shall submit to Congress 
a report describing in detail the activities for which funds 
appropriated for the fiscal year were expended.
    [(c)] (d) Funds appropriated pursuant to this section may 
be made available to the National Environmental Education and 
Training Foundation to--
            (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 
        [10(d) of this Act] section 10(e):
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 Act.

                                 

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