I
103D CONGRESS
1ST SESSION
H. R. 1186
To establish the National Environmental Technologies Agency.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1993
Mrs. BENTLEY (for herself, Mr. RAVENEL, Mr. LEWIS of California, and Mrs.
MORELLA) 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 National Environmental Technologies
Agency.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Environ-
mental 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;
HR 1186 IH
(2) the causes of many environmental problems
lie in the use of environmentally damaging tech-
nologies in areas such as transportation, energy pro-
duction, industrial manufacturing, and product use;
(3) the development and deployment of environ-
mentally safe technologies will both enhance the Na-
tion’s environmental security and the economic
standing of the Nation in the world’s marketplace;
and
(4) the Federal Government should play a sig-
nificant role in enhancing the Nation’s environ-
mental security by—
(A) facilitating the development and de-
ployment of environmentally safe technologies
that provide solutions to environmental prob-
lems; 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 re-
search centers, and government laboratories to provide en-
vironmentally safe technical solutions to problems threat-
ening the Nation’s environmental security and, in the
process, to help the Nation’s competitiveness.
HR 1186 IH
SEC. 3. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Environmental Tech-
nologies Agency;
(2) the term ‘‘Advisory Council’’ means the In-
dustry and Academia Advisory Council established
by section 5;
(3) the term ‘‘Agency’’ means the National En-
vironmental Technologies Agency established by sec-
tion 4; and
(4) the term ‘‘Fund’’ means the Critical Tech-
nologies 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 Na-
tional Environmental Technologies Agency.
(b) ADMINISTRATOR.—(1) The Agency shall be head-
ed by the Administrator of the National Environmental
Technologies Agency, who shall be appointed by the Presi-
dent, 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 Tech-
nologies Agency.’’.
HR 1186 IH
(c) STAFF.—The Administrator may appoint a staff
of professionals with skills in the area of program defini-
tion and management and such support staff as the Ad-
ministrator 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 prod-
uct-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 tech-
nology having potential future application in the res-
toration and protection of the environment;
(4) coordinate among the departments, agen-
cies, independent establishments of the United
HR 1186 IH
States and the private sector the exchange of tech-
nological information relating to restoration and pro-
tection of the environment;
(5) support continuing research and develop-
ment of advanced technologies by industrial, aca-
demic, and governmental and nongovernmental enti-
ties;
(6) monitor on a continuing basis the research
and development being conducted on advanced tech-
nologies by private industry in the United States;
and
(7) promote continuing development of a tech-
nological 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 commit-
tee;
(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;
HR 1186 IH
(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 Aero-
nautics and Space Administration, or the Adminis-
trator’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 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
HR 1186 IH
(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 fifteen
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 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 con-
tracts, leases, grants, and cooperative agreements
HR 1186 IH
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 one or more advisory committees or
councils, in addition to those established by sections
4(e) 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 Agency if
the Administrator determines that the technology may
HR 1186 IH
have potential application in private activities relating to
restoration and protection of the environment.
SEC. 7. COOPERATIVE AGREEMENTS AND OTHER AR-
RANGEMENTS.
(a) IN GENERAL.—In carrying out the functions of
the Agency, the Administrator may enter into a coopera-
tive agreement or other arrangement with any depart-
ment, 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) AUTHORITY TO REQUIRE PAYMENT.—(1) A coop-
erative 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 estab-
lishment 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 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.
HR 1186 IH
(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 coop-
erative agreement or other arrangement entered into
under this section—
(A) does not provide for research that du-
plicates 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 agree-
ment or arrangement to share the cost of the
project or activity concerned.
SEC. 8. PROGRAM REQUIREMENTS.
(a) SELECTION CRITERIA.—Not later than ninety
days after the date of enactment of this Act, the Adminis-
trator shall publish in the Federal Register proposed cri-
teria, and not later than one hundred eighty days after
the date of enactment of this Act, following a public com-
ment period, final criteria, for the selection of recipients
of contracts, leases, grants, and cooperative agreements
under this Act.
HR 1186 IH
(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 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; 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.
HR 1186 IH
(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