II

103D CONGRESS

2D SESSION S. 2242

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

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 24 (legislative day, JUNE 7), 1994

Mr. DASCHLE (for himself, Mr. PELL, Mrs. BOXER, Mr. DURENBERGER, Mr.

JEFFORDS, Mr. REID, Mr. SARBANES, Ms. MIKULSKI, Ms. MOSELEYBRAUN, and Mr. BUMPERS) introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

A BILL

To establish a National Institute for the Environment, to

improve the scientific basis for decisionmaking 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,

3 SECTION 1. SHORT TITLE.

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

5 the Environment Act’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:
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1 (1) An appropriate scientific understanding of

2 the diverse physical, biological, engineering, social,

3 and economic issues that underlie the environmental

4 problems facing the United States is essential to

5 finding environmentally and economically sound so6 lutions to the problems.

7 (2) While more than a dozen Federal agencies

8 support environmental research and gather environ9 mental information, there is not a lead Federal

10 agency for environmental research and information.

11 (3) The current approach of the Federal Gov12 ernment to developing a scientific understanding of

13 environmental problems, and of applying that under14 standing to the problems, lacks coherence and often

15 fails to provide information vital to finding sound so16 lutions to the problems.

17 (4) The United States needs to improve the sci18 entific basis for decisionmaking by Federal, State,

19 and local governments, and private sector entities,

20 on environmental issues.

21 (5) Many environmental issues that will seri22 ously affect the United States in the future are not

23 adequately studied under existing Federal environ24 mental research programs.
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1 (6) Existing Federal environmental research

2 programs often do not provide adequate information

3 in a timely manner to enable Federal, State, and

4 local governments, and private sector entities, to en5 gage in well-informed decisionmaking on environ6 mental and related issues.

7 (7) Existing Federal environmental research

8 programs do not adequately address, link, and inte9 grate research in different disciplinary, interdiscipli10 nary, and multidisciplinary environmental sciences.

11 (8) Ongoing study and communication of the

12 existing knowledge about environmental issues, in13 cluding the assessment of the significance of the

14 knowledge, are needed to strengthen the weak link

15 between scientific knowledge and decisionmaking on

16 environmental issues.

17 (9) Easy and effective access, including access

18 by the scientific community, to the many rapidly

19 growing sources of environmental information would

20 improve the effectiveness of research on, and com21 munication about, environmental issues.

22 (10) To address the complex environmental

23 problems facing the United States, there is a grow24 ing need for more education and training of individ-
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1 uals in disciplinary, interdisciplinary, and multidisci2 plinary sciences related to the environment.

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

4 an independent establishment to improve the scientific

5 basis for making decisions on environmental issues

6 through support for competitive, peer-reviewed, extra7 mural research, ongoing knowledge assessments, data and

8 information activities, and education and training on envi9 ronmental issues.

10 SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR

11 THE ENVIRONMENT.

12 There is established as an independent establishment

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

14 the Environment’’ (referred to in this Act as the ‘‘Insti15 tute’’). The mission of the Institute shall be to improve

16 the scientific basis for decisionmaking on environmental

17 issues.

18 SEC. 4. DUTIES.

19 The Institute shall have the following duties:

20 (1) To increase scientific understanding of envi21 ronmental issues (including environmental resources,

22 systems, and sustainability, and the human dimen23 sions associated with environmental issues) by initi24 ating and supporting credible, extramural, problem25 focused, peer-reviewed basic and applied scientific
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1 environmental research and other disciplinary, multi2 disciplinary, and interdisciplinary environmental pro3 grams. The support of research and programs under

4 this paragraph may include the provision of financial

5 assistance pursuant to section 8, including grants,

6 contracts, and cooperative agreements.

7 (2) To assist decisionmaking on environmental

8 issues by providing ongoing, comprehensive assess9 ments of knowledge of environmental issues. The

10 performance of assessments under this paragraph

11 shall include the following:

12 (A) Summarizing the state of the knowl13 edge.

14 (B) Assessing the implications of the

15 knowledge.

16 (C) Identifying additional research that

17 will provide information needed for decision18 making by Federal, State, and local govern19 ments, and private sector entities, on environ20 mental issues.

21 (D) Analyzing constraints that may affect

22 the conduct of research described in subpara23 graph (C), including the existence of limited

24 technological, human, and economic resources.
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1 (E) Communicating the results of assess2 ments under this paragraph to relevant Fed3 eral, State, and local government

4 decisionmakers and the public.

5 (3) To serve as the foremost provider and

6 facilitator in the United States of access to current

7 and easy-to-use peer-reviewed scientific and technical

8 information about the environment. The provision

9 and facilitation of access to information under this

10 paragraph shall include the following:

11 (A) Providing and facilitating access to

12 credible environmental information (including

13 scientific and technological results of environ14 mental research) for relevant Federal, State,

15 and local government decisionmakers, policy an16 alysts, researchers, resource managers, edu17 cators, information professionals (including

18 computer and telecommunications specialists),

19 and the general public.

20 (B) Establishing an electronic network

21 that—

22 (i) uses existing telecommunications

23 infrastructures to provide single-point ac24 cess to environmental information; and
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1 (ii) includes existing collections of en2 vironmental information, such as libraries,

3 specialized information centers, data and

4 statistical centers, and government and

5 private sector repositories of regional,

6 event-driven, or ecosystem information.

7 (C) Identifying and encouraging the effec8 tive application of state-of-the-art information

9 technologies to promote the availability and use

10 of, and access to, environmental knowledge.

11 (D) Providing long-term stewardship of the

12 environmental information resources of the

13 United States, including efforts to ensure the

14 continued usefulness of the resources, through

15 the promotion and development of policies and

16 standards for providing access to environmental

17 information, and through the support of rel18 evant research and development.

19 (4) To sponsor higher education and training in

20 environmental fields in order to contribute to a

21 greater public understanding of the environment and

22 to ensure that the United States has a core of sci23 entifically educated and trained personnel who pos24 sess skills to meet the environmental needs of the

25 United States. The sponsorship of education and
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1 training under this paragraph shall include the

2 following:

3 (A) Awarding scholarships, traineeships,

4 and graduate fellowships at appropriate non5 profit institutions of the United States for

6 study and research in natural and social

7 sciences and engineering related to the environ8 ment.

9 (B) Supporting curriculum and program

10 development in fields related to the environ11 ment.

12 (C) Promoting the involvement of women,

13 minorities, and other underrepresented groups.

14 (5) To encourage and support the development

15 and use of methods and technologies that increase

16 scientific and general understanding of the environ17 ment and minimize adverse environmental impact.

18 (6) To evaluate the status and needs of the var19 ious environmental sciences and fields.

20 (7) To foster interchange of scientific informa21 tion about the environment among scientists, Fed22 eral, State, and local government decisionmakers,

23 and the public.

24 (8) To identify and seek to address emerging

25 environmental issues and all aspects of scientific,
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1 technological, and societal aspects of environmental

2 problems.

3 (9) To establish research priorities for the In4 stitute for environmental issues of global, national,

5 and regional significance.

6 SEC. 5. GOVERNING BOARD.

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

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

9 ‘‘Board’’) which shall establish the policies and priorities

10 of the Institute.

11 (b) MEMBERSHIP.—

12 (1) APPOINTMENT.—The Board shall be com13 posed of 18 members who shall be appointed by the

14 President by and with the advice and consent of the

15 Senate.

16 (2) REPRESENTATION ON THE BOARD.—

17 (A) IN GENERAL.—The members of the

18 Board shall include individuals—

19 (i) who, as scientists and users of sci20 entific information, are representative of

21 diverse groups and entities, including

22 States, academic institutions, businesses,

23 environmental groups, citizens groups, and

24 other appropriate organizations;
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1 (ii) who have a distinguished record of

2 service in their fields; and

3 (iii) who, among the scientific mem4 bers of the Board, represent the diversity

5 of scientific fields that study the environ6 ment.

7 (B) SELECTION OF CERTAIN GROUPS.—In

8 making appointments under this subsection, the

9 President shall seek to provide for representa10 tion on the Board of women, minority groups,

11 and individuals recommended by the National

12 Academy of Sciences, the National Academy of

13 Engineering, and other groups.

14 (c) TERMS.—

15 (1) INITIAL TERMS.—Members initially ap16 pointed to the Board shall serve for the following

17 terms:

18 (A) 6 members shall serve for an initial

19 term of 2 years.

20 (B) 6 members shall serve for an initial

21 term of 4 years.

22 (C) 6 members shall serve for an initial

23 term of 6 years.

24 (2) SUBSEQUENT TERMS.—On completion of a

25 term referred to in paragraph (1), each member of
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1 the Board subsequently appointed or reappointed

2 shall serve for a term of 6 years, with a maximum

3 of 2 consecutive terms for any member appointed

4 under this section.

5 (d) ADMINISTRATION.—

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

7 Board who is not an officer or employee of the Unit8 ed States may receive travel expenses, including per

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

10 travel expenses are allowed under section 5703 of

11 title 5, United States Code, for persons serving

12 intermittently in the Government service.

13 (2) PROHIBITION OF COMPENSATION OF FED14 ERAL EMPLOYEES.—Members of the Board who are

15 full-time officers or employees of the United States

16 or Members of Congress may not receive additional

17 pay, allowances, or benefits by reason of their serv18 ice on the Board.

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

20 shall be designated by the President at the time of the

21 appointment. The term of office of the Chairperson shall

22 be 6 years.

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

24 the call of the Chairperson or a majority of the members

25 of the Board, but not less than 4 times a year.
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1 (g) REPORTS.—The Board shall periodically submit

2 to the President reports on such specific environmental

3 policy matters as the Board, the President, or Congress

4 determines to be necessary. After receipt of any such re5 port, the President shall transmit the report to Congress

6 in a timely fashion, together with any comments that the

7 President considers to be appropriate.

8 (h) ADVISORY COMMITTEES.—The Board may estab9 lish such advisory committees as the Board considers nec10 essary to carry out this Act.

11 SEC. 6. STAFF.

12 (a) DIRECTOR.—

13 (1) APPOINTMENT.—The Director of the Insti14 tute shall be appointed by the President by and with

15 the advice and consent of the Senate.

16 (2) AUTHORITY.—The Director shall exercise

17 all of the authority granted to the Institute by this

18 Act, including any powers and functions delegated to

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

20 Director pursuant to this Act, or pursuant to the

21 delegation from the Board, shall be final and bind22 ing on the Institute. The Director shall formulate

23 programs consistent with the policies of the Institute

24 and in consultation with the Board and any appro-
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1 priate advisory committee established pursuant to

2 this Act.

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

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

5 the Executive Schedule under section 5313 of title

6 5, United States Code, and shall serve for a term of

7 6 years.

8 (4) NSTC MEMBERSHIP.—Section 401(b) of

9 the National Science and Technology Policy, Organi10 zation, and Priorities Act of 1976 (42 U.S.C.

11 6651(b)) is amended by inserting ‘‘, the Director of

12 the National Institute for the Environment,’’ after

13 ‘‘the Director of the Office of Science and Tech14 nology Policy’’.

15 (b) ASSISTANT DIRECTORS.—The President may, on

16 the recommendation of the Director, appoint such assist17 ant Directors as the President considers necessary to

18 carry out this Act.

19 SEC. 7. INTERAGENCY ADVISORY COMMITTEE.

20 (a) ESTABLISHMENT.—There is established an Inter21 agency Advisory Committee to ensure that the environ22 mental efforts of the Institute and other Federal agencies

23 are complementary.

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

25 Advisory Committee established under subsection (a) to
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1 provide recommendations and advice to the Board to help

2 to ensure that—

3 (1) the research priorities and agenda of the In4 stitute support, rather than duplicate or compete

5 with, the research agendas of existing Federal agen6 cies;

7 (2) the knowledge assessment activities of the

8 Institute incorporate knowledge obtained and pos9 sessed by other Federal agencies, and are useful to

10 the agencies;

11 (3) information within the databases of other

12 Federal agencies is available for incorporation into

13 the information network of the Institute; and

14 (4) the educational programs of the Institute

15 serve the needs of the United States.

16 (c) COMPOSITION.—

17 (1) IN GENERAL.—The Interagency Advisory

18 Committee established under subsection (a) shall in19 clude directors of research (or individuals who hold

20 a comparable position) from Federal agencies that

21 conduct or use substantial quantities of environ22 mental research, including—

23 (A) the Environmental Protection Agency;

24 (B) the National Oceanic and Atmospheric

25 Administration;
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1 (C) the National Science Foundation;

2 (D) the Department of Energy;

3 (E) the Department of the Interior; and

4 (F) the Department of Agriculture.

5 (2) EX OFFICIO MEMBERS.—The Director of

6 the Office of Science and Technology Policy (or a

7 designee of the Director) and the Director of the Of8 fice of Environmental Quality (or a designee of the

9 Director) shall serve as ex officio members of the

10 Interagency Advisory Committee.

11 (d) DURATION.—Section 14(a)(2) of the Federal Ad12 visory Committee Act (5 U.S.C. App. 2) shall not apply

13 to the Interagency Advisory Committee established under

14 subsection (a).

15 SEC. 8. FUNDING.

16 (a) AUTHORITY TO PROVIDE FINANCIAL ASSIST17 ANCE.—The Institute may enter into contracts and coop18 erative agreements and provide financial assistance, in19 cluding grants, to carry out the duties of the Institute

20 under this Act.

21 (b) PERSONS ELIGIBLE TO RECEIVE FUNDING.—Sci22 entists, engineers, and other researchers are eligible to re23 ceive funding from the Institute under subsection (a), ex24 cept that—
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1 (1) scientists from Federal agencies shall not be

2 given a preference for funding based on their em3 ployment with the Federal Government; and

4 (2) the receipt of funding from the Institute

5 shall be subject to any criteria and other require6 ments that are prescribed by the Institute.

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

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

9 receive funds from other Federal agencies and private sec10 tor persons to carry out particular projects and activities

11 under this Act. Funds received under this subsection shall

12 be deposited in the Treasury and shall be made available

13 to the Institute to the extent provided in appropriations

14 Acts.

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums

17 as are necessary to carry out this Act.

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