Office of National Environmental Technologies Act - Establishes the Office of National Environmental Technologies within the Environmental Protection Agency (EPA) 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.
Permits the EPA Administrator to transfer to the domestic private sector technology developed with the support of the Office if the technology may have potential application in private activities relating to environmental restoration and protection.
Provides for dissemination of the results of Office 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. Sets forth confidentiality provisions concerning trade secrets and intellectual property. 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 Office 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 to provide financial assistance to entities that serve long-term environmental security needs.
Authorizes appropriations.
[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2224 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2224
To establish the Office of National Environmental Technologies, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 1993
Mr. Kennedy introduced the following bill; which was referred jointly
to the Committees on Science, Space, and Technology, Banking, Finance
and Urban Affairs, and the Judiciary
_______________________________________________________________________
A BILL
To establish the Office of National Environmental Technologies, 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.
This Act may be cited as the ``Office of National Environmental
Technologies Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act--
(1) to improve coordination and integration of research and
development performed by government agencies and that performed
through government-awarded contracts and grants; and
(2) 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 Environmental Protection Agency;
(2) the term ``Advisory Council'' means the Industry and
Academia Advisory Council established by section 5;
(3) the term ``Assistant Administrator'' means the
Assistant Administrator, Office of National Environmental
Technologies, Environmental Protection Agency;
(4) the term ``Fund'' means the Environmental Advanced
Research Projects Revolving Fund established by section 9; and
(5) the term ``Office'' means the Office of National
Environmental Technologies established pursuant to section 4.
SEC. 4. ESTABLISHMENT OF OFFICE.
(a) Establishment.--(1) The Administrator shall establish within
the Environmental Protection Agency an Office of National Environmental
Technologies to be headed by an Assistant Administrator of the
Environmental Protection Agency. The duties and responsibilities of the
Administrator set forth in this Act shall be carried out through the
Office.
(2) Section 5313 of title 5, United States Code, is amended by
adding at the end the following new item:
``Assistant Administrator, Office of National Environmental
Technologies, Environmental Protection Agency.''.
(b) 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 a confidential or policymaking
character.
(c) Functions.--It shall be the function of the Office 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.
(d) Interagency Advisory Committee.--(1) There is established an
interagency advisory committee composed of--
(A) the Administrator, 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;
(G) the Administrator of the National Aeronautics and Space
Administration, or the Administrator's designee;
(H) the Secretary of the Interior, or the Secretary's
designee; and
(I) the Secretary of Agriculture, or the Secretary's
designee.
(2) The interagency advisory committee shall advise and provide
information to the Office 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 three 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 Office, 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 Office, 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(d) 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 Office 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) Agreements.--In carrying out the functions of the Office, 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) Cooperation of Federal Agencies.--The heads of departments and
agencies shall cooperate fully with the Administrator--
(1) in carrying out the functions of the Office;
(2) in establishing appropriate interagency agreements to
develop cooperative programs and improve coordination and
integration of environmental research and development; and
(3) to avoid unnecessary duplication.
(c) 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 Office (or any other department, agency, or independent
establishment of the United States) as a condition to receiving
assistance from the Office 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.
(d) 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 Office.
(d) Dissemination of Research Results.--The Administrator shall
provide for appropriate dissemination of research results of the
Office'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 Office (after payment of all allowable costs and
an audit) if it appears that, 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.
(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 Office;
(2) the Office's plans for future activities;
(3) the manner and extent to which technologies developed
with assistance from the Office 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 carry out
the purposes of this Act $85,000,000 for fiscal year 1994, $165,000,000
for fiscal year 1995, and $250,000,000 for fiscal year 1996.
(b) Limitation on Use.--Of amounts appropriated under subsection
(a), no more than 5 percent may be used to pay for administrative
expenses of the Office.
<all>
HR 2224 IH----2
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1308-1309)
Referred to the House Committee on Banking, Finance + Urban Affrs.
Referred to the House Committee on Judiciary.
Referred to the House Committee on Science, Space and Technology.
Referred to the Subcommittee on Technology, Environment and Aviation.
Referred to the Subcommittee on Consumer Credit and Insurance.
Referred to the Subcommittee on Economic and Commercial Law.
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