article: SECTION 1. SHORT TITLE. This Act may be cited as the ``National Environmental Technologies Agency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) environmental problems facing the world pose a threat to the environmental security of the United States and other nations; (2) the causes of many of environmental problems lie in the use of environmentally damaging technologies in areas such as transportation, energy production, industrial manufacturing, and product use; (3) the development and deployment of environmentally safe technologies will both enhance the nations environmental security and the economic standing of the Nation in the world's market place; and (4) the Federal Government should play a significant role in enhancing the Nation's environmental security by-- (A) facilitating the development and deployment of environmentally safe technologies that provide solutions to environmental problems; and (B) assisting in the diffusion of knowledge of environmentally safe technologies throughout the Nation. (b) Purpose.--It is the purpose of this Act to assist the efforts of private industry, universities, nonprofit research centers, and government laboratories to provide environmentally safe technical solutions to problems threatening the Nation's environmental security and, in the process, to help the Nation's competitiveness. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Environmental Technologies Agency; (2) the term ``Advisory Council'' means the Industry and Academia Advisory Council established by section 5; (3) the term ``Agency'' means the National Environmental Technologies Agency established by section 4; and (4) the term ``Fund'' means the Critical Technologies Revolving Fund established by section 9. SEC. 4. ESTABLISHMENT OF AGENCY. (a) Establishment.--There is established as an independent establishment of the United States the National Environmental Technologies Agency. (b) Administrator.--(1) The Agency shall be headed by the Administrator of the National Environmental Technologies Agency, who shall be appointed by the President, with the advice and consent of the Senate. (2) Section 5313 of title 5, United States Code, is amended by adding at the end the following new item: ``Administrator, National Environmental Technologies Agency.''. (c) Staff.--The Administrator may appoint a staff of professionals with skills in the area of program definition and management and such support staff as the Administrator determines to be necessary, of which no more than 3 may be in positions of confidential or policy-making character. (d) Functions.--It shall be the function of the Agency to-- (1) coordinate planning by the departments, agencies, and independent establishments of the United States relating to restoration and protection of the environment; (2) identify areas that-- (A) need technical solutions to maintain the environmental security of the Nation; (B) are not receiving the long-term product- oriented research that is necessary to meet those needs; and (C) exhibit the greatest promise for the successful development of solutions; (3) support and assist the development of technology having potential future application in the restoration and protection of the environment; (4) coordinate among the departments, agencies, independent establishments of the United States and the private sector the exchange of technological information relating to restoration and protection of the environment; (5) support continuing research and development of advanced technologies by industrial, academic, and governmental and nongovernmental entities; (6) monitor on a continuing basis the research and development being conducted on advanced technologies by private industry in the United States; and (7) promote continuing development of a technological industrial base in the United States. (e) Interagency Advisory Committee.--(1) There is established an interagency advisory committee composed of-- (A) the Administrator of the Environmental Protection Agency, who shall be chair of the committee; (B) the Director of the Office of Science and Technology Policy, or the Director's designee; (C) the Secretary of Energy, or the Secretary's designee; (D) the Secretary of Commerce, or the Secretary's designee; (E) the Secretary of State, or the Secretary's designee; (F) the Secretary of Defense, or the Secretary's designee; and (G) the Administrator of the National Aeronautics and Space Administration, or the Administrator's designee. (2) The interagency advisory committee shall advise and provide information to the Agency with respect to the needs and concerns of their agencies in the field of environmental technologies. SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL. (a) Establishment.--There is established the Industry and Academia Advisory Council. (b) Membership.--(1) The Advisory Council shall consist of 9 members appointed by the Administrator, at least 5 of whom shall be from United States industry. (2) The persons appointed as members of the Advisory Council-- (A) shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations; (B) shall be selected solely on the basis of established records of distinguished service; and (C) shall not be employees of the Federal Government. (3) In making appointments of persons as members of the Advisory Council, the Administrator shall give due consideration to any recommendations that may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations. (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of a member of the Advisory Council shall be 3 years. (B) A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (C) A member who has completed 2 consecutive full terms on the Advisory Council shall not be eligible for reappointment until 1 year after the expiration of the second such term. (2) The initial members of the Advisory Council shall be appointed to 3 classes of 3 members each, one class having a term of 1 year, one a term of 2 years, and one a term of 3 years. (3)(A) The Advisory Council shall meet at least quarterly at the call of the chair or whenever one-third of the members so request in writing. (B) A majority of the members of the council not having a conflict of interest in a matter under consideration by the Advisory Council shall constitute a quorum. (C) Each member shall be given appropriate notice of a meeting of the Advisory Council, not less than 15 days prior to any meeting, if possible. (4)(A) The Advisory Council shall appoint from among its members a person to serve as chair and a person to serve as vice chair. (B) The vice chair of the Advisory Council shall perform the duties of the chair in the absence of the chair. (5) The Advisory Council shall review and make recommendations regarding general policy for the Agency, its organization, its budget, and its programs within the framework of national policies set forth by the President and the Congress. SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR. (a) Authority.--In carrying out the functions of the Agency, the Administrator may-- (1) enter into, perform, and guarantee contracts, leases, grants, and cooperative agreements with any department, agency, or independent establishment of the United States or with any person; (2) use the services, equipment, personnel, or facilities of any other department, agency, or independent establishment of the United States, with the consent of the head of the department, agency, or independent establishment and with or without reimbursement, and cooperate with public and private entities in the use of such services, equipment, and facilities; (3) supervise, administer, and control the activities within the departments, agencies, and independent establishments of the United States relating to patents, inventions, trademarks, copyrights, royalty payments, and matters connected therewith that pertain to technologies relating to restoration and protection of the environment; and (4) appoint 1 or more advisory committees or councils, in addition to those established by sections 4(e) and 5, to consult with and advise the Administrator. (b) Transfer of Technology.--The Administrator may transfer to the domestic private sector technology developed by or with the support of the Agency if the Administrator determines that the technology may have potential application in private activities relating to restoration and protection of the environment. SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS. (a) In General.--In carrying out the functions of the Agency, the Administrator may enter into a cooperative agreement or other arrangement with any department, agency, or independent establishment of the United States, any unit of State or local government, any educational institution, or any other public or private person or entity. (b) Authority To Require Payment.--(1) A cooperative agreement or other arrangement entered into under subsection (a) may include a provision that requires a person or other entity to make payments to the Agency (or any other department, agency, or independent establishment of the United States) as a condition to receiving assistance from the Agency under the agreement or other arrangement. (2) The amount of any payment received by a department, agency, or independent establishment of the United States pursuant to a provision required under paragraph (1) shall be credited to the Fund in such amount as the Administrator may specify. (c) Nonduplication and Other Conditions.--The Administrator shall ensure that-- (1) the authority under this section is used only when the use of standard contracts or grants is not feasible or appropriate; and (2) to the maximum extent practicable, a cooperative agreement or other arrangement entered into under this section-- (A) does not provide for research that duplicates research being conducted under other programs carried out by a department, agency, or independent establishment of the United States; and (B) requires the other party to the agreement or arrangement to share the cost of the project or activity concerned. SEC. 8. PROGRAM REQUIREMENTS. (a) Selection Criteria.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register proposed criteria, and not later than 180 days after the date of enactment of this Act, following a public comment period, final criteria, for the selection of recipients of contracts, leases, grants, and cooperative agreements under this Act. (b) Financial Reporting and Auditing.--The Administrator shall establish procedures regarding financial reporting and auditing to ensure that contracts and awards are used for the purposes specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research programs that would be conducted in the same time period in the absence of financial assistance under this Act. (c) Advice of the Advisory Council.--The Administrator shall ensure that the advice of the Advisory Council is considered routinely in carrying out the responsibilities of the Agency. (d) Dissemination of Research Results.--The Administrator shall provide for appropriate dissemination of research results of the Agency's program. (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract or award may be made under this Act until the research project in question has been subject to a merit review, and has, in the opinion of the reviewers appointed by the Administrator, been shown to have scientific and technical merit. (2) Federal funds made available under this Act shall be used only for direct costs and not for indirect costs, profits, or management fees of the contractor. (3) In determining whether to make an award to a joint venture, the Administrator shall consider whether the members of the joint venture have provided for the appropriate participation of small United States businesses in the joint venture. (4) Section 552 of title 5, United States Code, shall not apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any business or any joint venture that receives funding under this Act: (A) Information on the business operation of a member of the business or joint venture. (B) Trade secrets possessed by any business or by a member of the joint venture. (5) Intellectual property owned and developed by a business or joint venture that receives funding under this Act or by any member of such a joint venture may not be disclosed by any officer or employee of the United States except in accordance with a written agreement between the owner or developer and the Administrator. (6) The United States shall be entitled to a share of the licensing fees and royalty payments made to and retained by a business or joint venture to which it contributes under this section in an amount proportionate to the Federal share of the costs incurred by the business or joint venture, as determined by independent audit. (7) A contract or award under this Act shall contain appropriate provisions for discontinuance of the project and return of the unspent Federal funds to the Agency (after payment of all allowable costs and an audit) if-- (A) due to technical difficulties, financial difficulty on the part of the recipient, or for any other reason, the recipient is not making satisfactory progress toward successful completion of the project; or (B) despite satisfactory progress on the progress, it appears that the project will not achieve satisfactorily the goals of the project. (8) Upon dissolution of a joint venture that receives funding under this Act or at a time otherwise agreed upon, the United States shall be entitled to a share of the residual assets of a joint venture that is proportionate to the Federal share of the costs of the joint venture, as determined by independent audit. SEC. 9. REVOLVING FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``Environmental Advanced Research Projects Revolving Fund'', which shall consist of such amounts as are appropriated or credited to it from time to time. (b) Expenditures From the Fund.--Amounts in the Fund shall be available, as provided in appropriations Acts, to carry out the purposes of this Act. (c) Loans, Grants, and Other Financial Assistance.--(1) The Administrator may use the Fund for the purpose of making loans, grants, and other financial assistance to industrial and nonprofit research centers, universities, and other entities that serve the long-term environmental security needs of the United States, to carry out the purposes of this Act. (2) A loan made under this section shall bear interest at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the loan is made) to be 3 percent less than the current market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period for which the loan is made. (3) Repayments on a loan made under this section and the proceeds from any other agreement entered into by the Administrator under this Act shall be credited to the Fund. (d) Management of Fund.--(1) The Secretary of the Treasury shall manage the Fund and, after consultation with the Administrator, report to Congress each year on the financial condition and the results of the operation of the Fund during the preceding fiscal year and on the expected condition and operations of the Fund during the next 5 fiscal years. (2)(A) The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary, required to meet current withdrawals. (B) Investments of monies in the Fund may be made only in interest- bearing obligations of the United States. SEC. 10. ANNUAL REPORT. The Administrator shall submit a report to Congress annually describing-- (1) the activities of the Agency; (2) the Agency's plans for future activities; (3) the manner and extent to which technologies developed with assistance from the Agency have been used; and (4) the extent to which those technologies have been transferred overseas. SEC. 11. APPROPRIATIONS. (a) Amounts.--There are authorized to be appropriated to the Agency to carry out this Act $75,000,000 for fiscal year 1993, $140,000,000 for fiscal year 1994, and $200,000,000 for fiscal year 1995. (b) Limitation on Use.--Of amounts appropriated to the Agency, no more than 5 percent may be used to pay for administrative expenses of the Agency. S 425 IS----2
summary: National Environmental Technologies Agency Act - Establishes the National Environmental Technologies Agency to: (1) coordinate Federal environmental restoration and protection planning; (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions; (3) support the development of technology having future application in environmental restoration and protection; (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector; (5) support continuing research and development of advanced technologies; (6) monitor research and development being conducted on advanced technologies by private industry; and (7) promote continuing development of a technological industrial base in the United States. Establishes the Industry and Academia Advisory Council to make recommendations regarding general policy for the Agency. Permits the Agency Administrator to transfer to the domestic private sector technology developed with the support of the Agency if the technology may have potential application in private activities relating to environmental restoration and protection. Provides for dissemination of the results of Agency research. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of U.S. small businesses. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Agency if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund. Authorizes the use of the Fund to provide financial assistance to entities that serve long-term environmental security needs. Authorizes appropriations.