text: 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
target: 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.
feat_title: National Environmental Technologies Agency Act