(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 Sec-
retary’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 Aero-
nautics and Space Administration, or the Adminis-
trator’s designee;
(H) the Secretary of the Interior, or the Sec-
retary’s designee; and
(I) the Secretary of Agriculture, or the Sec-
retary’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 envi-
ronmental technologies.
SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL.
(a) ESTABLISHMENT.—There is established the In-
dustry 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 Advi-
sory Council—
(A) shall be eminent in fields such as business,
research, new product development, engineering,
labor, education, management consulting, environ-
ment, and international relations;
(B) shall be selected solely on the basis of es-
tablished records of distinguished service; and
(C) shall not be employees of the Federal Gov-
ernment.
(3) In making appointments of persons as members
of the Advisory Council, the Administrator shall give due
consideration to any recommendations that may be sub-
mitted to the Director by the National Academies, profes-
sional 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 re-
mainder of that term.
(C) A member who has completed 2 consecutive full
terms on the Advisory Council shall not be eligible for re-
appointment 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 quar-
terly 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 hav-
ing 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 per-
son to serve as vice chair.
(B) The vice chair of the Advisory Council shall per-
form the duties of the chair in the absence of the chair.
(5) The Advisory Council shall review and make rec-
ommendations 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 con-
tracts, leases, grants, and cooperative agreements
with any department, agency, or independent estab-
lishment of the United States or with any person;
(2) use the services, equipment, personnel, or
facilities of any other department, agency, or inde-
pendent establishment of the United States, with the
consent of the head of the department, agency, or
independent establishment and with or without reim-
bursement, and cooperate with public and private
entities in the use of such services, equipment, and
facilities;
(3) supervise, administer, and control the activi-
ties within the departments, agencies, and independ-
ent establishments of the United States relating to
patents, inventions, trademarks, copyrights, royalty
payments, and matters connected therewith that per-
tain to technologies relating to restoration and pro-
tection 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 Adminis-
trator.
(b) TRANSFER
OF TECHNOLOGY.—The Adminis-
trator may transfer to the domestic private sector tech-
nology 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 AR-
RANGEMENTS.
(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 edu-
cational 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 im-
prove coordination and integration of environmental
research and development; and
(3) to avoid unnecessary duplication.
(c) AUTHORITY TO REQUIRE PAYMENT.—(1) A co-
operative 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 estab-
lishment 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 depart-
ment, 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.
(b) FINANCIAL REPORTING
AND AUDITING.—The
Administrator shall establish procedures regarding finan-
cial 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 Ad-
ministrator shall ensure that the advice of the Advisory
Council is considered routinely in carrying out the respon-
sibilities 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; RESTRIC-
TIONS.—(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 appro-
priate 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 be-
tween 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 contrib-
utes 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 dif-
ficulty 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 resid-
ual assets of a joint venture that is proportionate to the
Federal share of the costs of the joint venture, as deter-
mined 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 ASSIST-
ANCE.—(1) The Administrator may use the Fund for the
purpose of making loans, grants, and other financial as-
sistance to industrial and nonprofit research centers, uni-
versities, and other entities that serve the long-term envi-
ronmental 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 obliga-
tions of the United States with remaining periods to matu-
rity 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 consulta-
tion 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 tech-
nologies 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 appro-
priated 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.
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HR 2224 IH——2