[Senate Report 106-272]
[From the U.S. Government Publishing Office]
Calendar No. 515
106th Congress Report
SENATE
2d Session 106-272
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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.
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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
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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
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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.