I

103D CONGRESS

1ST SESSION H. R. 2918

To establish a National Institute for the Environment, to improve the scientific basis for decision-making on environmental issues, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Mr. BROWN of California (for himself, Mr. SAXTON, Ms. ESHOO, Mr. PORTER,

Mr. HUGHES, Mr. GOSS, Mr. HEFNER, Mr. DELLUMS, Mr. OLVER, Mr.

RAVENEL, Ms. VELA ́ZQUEZ, Mr. SERRANO, Mr. GUTIERREZ, Mr.

GILLMOR, Mr. PALLONE, Mr. NEAL of North Carolina, Mr. SANDERS,

Mr. REYNOLDS, Mr. RUSH, Mr. LIPINSKI, Mr. PAYNE of New Jersey,

Mr. ACKERMAN, Mr. VENTO, Mr. KLEIN, Mrs. MORELLA, Mr. BECERRA,

Ms. NORTON, Mr. DEUTSCH, Mr. GALLO, Mr. THOMPSON of Mississippi,

Mr. HASTINGS, Mr. WELDON, Ms. EDDIE BERNICE JOHNSON of Texas,

Mr. VISCLOSKY, Ms. WATERS, Mr. MARKEY, Mr. MCDERMOTT, Mr.

MACHTLEY, Mr. WASHINGTON, and Ms. MOLINARI) introduced the following bill; which was referred to the Committee on Science, Space, and

Technology

A BILL

To establish a National Institute for the Environment, to

improve the scientific basis for decision-making on environmental issues, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Institute for

3 the Environment Act’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) An appropriate scientific understanding of

7 the diverse physical, biological, engineering, social,

8 and economic issues that underlie the environmental

9 problems facing the United States is essential to

10 finding environmentally and economically sound so11 lutions to such problems.

12 (2) While more than a dozen Federal agencies

13 support environmental research and gather environ14 mental information, there is not a lead Federal

15 agency for environmental research and information.

16 (3) The current approach of the Federal Gov17 ernment to developing a scientific understanding of

18 environmental problems, and of applying that under19 standing to the problems, lacks coherence and often

20 fails to provide information vital to finding sound so21 lutions to such problems.

22 (4) The United States needs to improve the sci23 entific basis for decision-making by Federal, State,

24 and local governments, and private-sector entities,

25 on environmental issues.
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1 (5) Many environmental issues that will seri2 ously affect the United States in the future are not

3 adequately studied in existing Federal environmental

4 research programs.

5 (6) Existing Federal environmental research

6 programs often do not provide adequate information

7 to enable Federal, State, and local governments, and

8 private-sector entities, to engage in well-informed de9 cision-making on environmental and related issues.

10 (7) Existing Federal environmental research

11 programs do not adequately address, link, and inte12 grate research in different disciplinary, interdiscipli13 nary, and multidisciplinary environmental sciences.

14 (8) Ongoing study and communication of the

15 existing knowledge about environmental issues, in16 cluding the assessment of the significance of such

17 knowledge, are needed to strengthen the weak link

18 between scientific knowledge and decision-making on

19 environmental issues.

20 (9) Easy and effective access, including access

21 by the scientific community, to the many rapidly

22 growing sources of environmental information would

23 improve the effectiveness of research on, and com24 munication about, environmental issues.
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1 (10) To address the complex environmental

2 problems facing the United States, there is a grow3 ing need for more education and training of individ4 uals in disciplinary, interdisciplinary, and multidisci5 plinary sciences related to the environment.

6 (b) PURPOSE.—It is the purpose of this Act to create

7 an independent establishment to improve the scientific

8 basis for making decisions on environmental issues

9 through support for competitive, peer-reviewed, extra10 mural research, ongoing knowledge assessments, data and

11 information activities, and education and training on envi12 ronmental issues.

13 SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR

14 THE ENVIRONMENT.

15 There is established as an independent establishment

16 an institute to be known as the ‘‘National Institute for

17 the Environment’’ (in this Act referred to as the ‘‘Insti18 tute’’). The mission of the Institute shall be to improve

19 the scientific basis for decision-making on environmental

20 issues.

21 SEC. 4. DUTIES.

22 The Institute shall have the following duties:

23 (1) To increase scientific understanding of envi24 ronmental issues (including environmental resources,

25 systems, and sustainability, and the human dimen-
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1 sions associated with environmental issues) by initi2 ating and supporting credible, extramural, problem3 focused, peer-reviewed basic and applied scientific

4 environmental research and other disciplinary, multi5 disciplinary, and interdisciplinary environmental pro6 grams. The support of research and programs under

7 this paragraph may include the provision of financial

8 assistance pursuant to section 8, including grants,

9 contracts, and cooperative agreements.

10 (2) To assist decision-making on environmental

11 issues by providing on-going, comprehensive assess12 ments of existing knowledge of environmental issues.

13 The performance of assessments under this para14 graph shall include the following:

15 (A) Summarizing the state of such knowl16 edge.

17 (B) Assessing the implications of such

18 knowledge.

19 (C) Identifying additional research that

20 will provide information needed for decision21 making by Federal, State, and local govern22 ments, and private-sector entities, on environ23 mental issues.

24 (D) Analyzing constraints which may af25 fect the conduct of research described in sub-
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1 paragraph (C), including the existence of lim2 ited technological, human, and economic re3 sources.

4 (E) Communicating the results of assess5 ments under this paragraph to relevant Fed6 eral, State, and local government

7 decisionmakers and the public.

8 (3) To serve as the foremost provider and

9 facilitator in the United States of access to current

10 and easy-to-use scientific and technical information

11 about the environment. The provision and facilita12 tion of access to information under this paragraph

13 shall include the following:

14 (A) Providing and facilitating access to

15 credible environmental information (including

16 scientific and technological results of environ17 mental research) for relevant Federal, State,

18 and local government decisionmakers, policy an19 alysts, researchers, resource managers, edu20 cators, information professionals (including

21 computer and telecommunications specialists),

22 and the general public.

23 (B) Establishing an electronic network

24 that—
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1 (i) uses existing telecommunications

2 infrastructures to provide single-point ac3 cess to environmental information; and

4 (ii) includes existing collections of en5 vironmental information, such as libraries,

6 specialized information centers, data and

7 statistical centers, and government and

8 private sector repositories of regional,

9 event-driven, or ecosystem information.

10 (C) Identifying and encouraging the effec11 tive application of state-of-the-art information

12 technologies to promote the availability and use

13 of, and access to, environmental knowledge.

14 (D) Providing long-term stewardship of the

15 environmental information resources of the

16 United States, including efforts to ensure the

17 continued usefulness of such resources, through

18 the promotion and development of policies and

19 standards for providing access to environmental

20 information, and through the support of rel21 evant research and development.

22 (4) To sponsor higher education and training in

23 environmental fields in order to contribute to a

24 greater public understanding of the environment and

25 to ensure that the United States has a core of sci-
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1 entifically educated and trained personnel who pos2 sess skills to meet the environmental needs of the

3 United States. The sponsorship of education and

4 training under this paragraph shall include the

5 following:

6 (A) Awarding scholarships, traineeships,

7 and graduate fellowships at appropriate non8 profit institutions of the United States for

9 study and research in natural and social

10 sciences and engineering related to the environ11 ment.

12 (B) Supporting curriculum and program

13 development in fields related to the environ14 ment.

15 (C) Promoting the involvement of women,

16 minorities, and other underrepresented groups.

17 (5) To encourage and support the development

18 and use of methods and technologies that increase

19 scientific and general understanding of the environ20 ment and minimize adverse environmental impact.

21 (6) To evaluate the status and needs of the var22 ious environmental sciences and fields.

23 (7) To foster interchange of scientific informa24 tion about the environment between scientists, Fed-
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1 eral, State, and local government decisionmakers,

2 and the public.

3 (8) To identify and seek to address emerging

4 environmental issues and all aspects of scientific,

5 technological, and societal aspects of environmental

6 problems.

7 (9) To establish research priorities for the In8 stitute for environmental issues of global, national,

9 and regional significance.

10 SEC. 5. GOVERNING BOARD.

11 (a) ESTABLISHMENT.—There shall be a Governing

12 Board for the Institute (in this Act referred to as the

13 ‘‘Board’’) which shall establish policies and priorities of

14 the Institute.

15 (b) MEMBERSHIP.—

16 (1) APPOINTMENT.—The Board shall be com17 posed of 18 members who shall be appointed by the

18 President by and with the advice and consent of the

19 Senate.

20 (2) REPRESENTATION ON THE BOARD.—

21 (A) IN GENERAL.—The members of the

22 Board shall include individuals—

23 (i) who, as scientists and users of sci24 entific information, are representative of

25 diverse groups and entities, including
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1 States, academic institutions, businesses,

2 environmental groups, citizens groups, and

3 other appropriate organizations;

4 (ii) who have a distinguished record of

5 service in their fields; and

6 (iii) who, among the scientific mem7 bers of the Board, represent the diversity

8 of scientific fields that study the environ9 ment.

10 (B) SELECTION OF CERTAIN GROUPS.—In

11 making appointments under this subsection, the

12 President shall seek to provide for representa13 tion on the Board of women, minority groups,

14 and individuals recommended by the National

15 Academy of Sciences, the National Academy of

16 Engineering, and other groups.

17 (c) TERMS.—

18 (1) INITIAL TERMS.—Members initially ap19 pointed to the Board shall serve for the following

20 terms:

21 (A) Six members shall serve for an initial

22 term of two years.

23 (B) Six members shall serve for an initial

24 term of four years.
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1 (C) Six members shall serve for an initial

2 term of six years.

3 (2) SUBSEQUENT TERMS.—Upon completion of

4 a term referred to in paragraph (1), each member

5 of the Committee subsequently appointed or

6 reappointed shall serve for a term of six years, with

7 a maximum of two consecutive terms for any mem8 ber appointed under this section.

9 (d) ADMINISTRATION.—

10 (1) TRAVEL EXPENSES.—Each member of the

11 Board who is not an officer or employee of the Unit12 ed States may receive travel expenses, including per

13 diem in lieu of subsistence, in the same manner as

14 travel expenses are allowed under section 5703 of

15 title 5, United States Code, for persons serving

16 intermittently in the Government service.

17 (2) PROHIBITION OF COMPENSATION OF FED18 ERAL EMPLOYEES.—Members of the Board who are

19 full-time officers or employees of the United States

20 or Members of Congress may not receive additional

21 pay, allowances, or benefits by reason of their serv22 ice on the Board.

23 (e) CHAIRPERSON.—The Chairperson of the Board

24 shall be designated by the President at the time of the
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1 appointment. The term of office of the Chairperson shall

2 be six years.

3 (f) MEETINGS.—The Board shall meet as needed at

4 the call of the Chairperson or a majority of its members,

5 but not less than four times a year.

6 (g) REPORTS.—The Board shall periodically submit

7 to the President reports on such specific environmental

8 policy matters as the Board, the President, or the Con9 gress determines to be necessary. After receipt of any such

10 report, the President shall transmit the report to the Con11 gress in a timely fashion, together with any comments that

12 the President considers to be appropriate.

13 (h) ADVISORY COMMITTEES.—The Board may estab14 lish such advisory committees as the Board considers nec15 essary for purposes of this Act.

16 SEC. 6. STAFF.

17 (a) DIRECTOR.—

18 (1) APPOINTMENT.—The Director of the Insti19 tute shall be appointed by the President by and with

20 the advice and consent of the Senate.

21 (2) AUTHORITY.—The Director shall exercise

22 all of the authority granted to the Institute by this

23 Act, including any powers and functions delegated to

24 the Director by the Board. All actions taken by the

25 Director pursuant to the provisions of this Act or
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1 pursuant to the delegation from the Board shall be

2 final and binding upon the Institute. The Director

3 shall formulate programs consistent with the policies

4 of the Institute and in consultation with the Board

5 and any appropriate advisory committee established

6 pursuant to this Act.

7 (3) PAY; TERM OF OFFICE.—The Director shall

8 receive basic pay at the rate provided for level II of

9 the Executive Schedule under section 5313 of title

10 5, United States Code, and shall serve for a term of

11 six years.

12 (4) FCCSET MEMBERSHIP.—Section 401(b) of

13 the National Science and Technology Policy, Organi14 zation, and Priorities Act of 1976 (42 U.S.C.

15 6651(b)) is amended by inserting ‘‘, the Director of

16 the National Institute for the Environment,’’ after

17 ‘‘the Director of the Office of Science and Tech18 nology Policy’’.

19 (b) ASSISTANT DIRECTORS.—The President may,

20 upon the recommendation of the Director, appoint such

21 assistant Directors as the President considers necessary

22 to carry out this Act.

23 SEC. 7. INTERAGENCY ADVISORY COMMITTEE.

24 (a) ESTABLISHMENT.—There is hereby established

25 an Interagency Advisory Committee to ensure that the en-
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1 vironmental efforts of the Institute and other Federal

2 agencies are complementary.

3 (b) DUTIES.—It shall be the duty of the Interagency

4 Advisory Committee established under subsection (a) to

5 provide recommendations and advice to the Board to help

6 to ensure that—

7 (1) the research priorities and agenda of the In8 stitute support, rather than compete with, the re9 search agendas of existing Federal agencies;

10 (2) the knowledge assessment activities of the

11 Institute incorporate knowledge obtained and pos12 sessed by other Federal agencies, and are useful to

13 such agencies;

14 (3) information within the databases of other

15 Federal agencies is available for incorporation into

16 the information network of the Institute; and

17 (4) the educational programs of the Institute

18 serve the needs of the United States.

19 (c) COMPOSITION.—The Interagency Advisory Com20 mittee established under subsection (a) shall include direc21 tors of research (or individuals who hold a comparable po22 sition) from Federal agencies that conduct or use substan23 tial amounts of environmental research, including the En24 vironmental Protection Agency, the National Oceanic and

25 Atmospheric Administration, the National Science Foun-
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1 dation, the Department of Energy, the Department of the

2 Interior, and the Department of Agriculture. The Director

3 of the Office of Science and Technology Policy, or such

4 individual’s designee, and the Director of the Office of En5 vironmental Quality, or such individual’s designee, shall

6 serve as ex officio members of the Interagency Advisory

7 Committee.

8 (d) DURATION.—Section 14(a)(2)(B) of the Federal

9 Advisory Committee Act (5 U.S.C. App.; relating to the

10 termination of advisory committees) shall not apply to the

11 Interagency Advisory Committee established under sub12 section (a).

13 SEC. 8. FUNDING.

14 (a) AUTHORITY TO PROVIDE FINANCIAL ASSIST15 ANCE.—The Institute may enter into contracts and coop16 erative agreements and provide financial assistance, in17 cluding grants, to carry out the duties of the Institution

18 under this Act.

19 (b) PERSONS ELIGIBLE TO RECEIVE FUNDING.—Sci20 entists, engineers, and other researchers are eligible to re21 ceive funding from the Institute under subsection (a), ex22 cept that—

23 (1) scientists from Federal agencies shall not be

24 given a preference for funding based on their em25 ployment with the Federal Government; and
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1 (2) the receipt of funding from the Institute

2 shall be subject to any criteria and other require3 ments prescribed by the Institute.

4 (c) RECEIPT OF FUNDS FROM OTHER PERSONS.—

5 The Institute may, subject to the approval of the Board,

6 receive funds from other Federal agencies and private-sec7 tor persons to carry out particular projects and activities

8 under this Act. Funds received under this subsection shall

9 be deposited in the Treasury and shall be made available

10 to the Institute to the extent provided in appropriations

11 Acts.

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