In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Keeping Families
Together Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).

(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ''aggravated felony'' made by such section 321 may apply
to the Attorney General to be considered for adjustment of status or
cancellation of removal in conformance with the provisions of section
101(a)(43) of the Immigration and Nationality Act, as restored by
subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
''(c) Detention of Criminal Aliens.--
''(1) In general.--The Attorney General shall take into
custody any alien convicted of an aggravated felony upon
release of the alien (regardless of whether or not such release
is on parole, supervised release, or probation, and regardless
of the possibility of rearrest or further confinement in
respect of the same offense). Notwithstanding subsection (a) or
section 241(a) but subject to paragraph (2), the Attorney
General shall not release such felon from custody.
''(2) Non-release.--The Attorney General may not release
from custody any who has been convicted of an aggravated
felony, either before or after a determination of removability,
unless--
''(A)(i) the alien was lawfully admitted, or
''(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
''(B) the alien satisfies the Attorney General that
the alien will not pose a danger to the safety of other
persons or of property and is likely to appear for any
scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
''(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Attorney General without regard to the provisions
of subsection (a) (other than paragraphs (3) and (10)(C)). Nothing
contained in this subsection shall limit the authority of the Attorney
General to exercise the discretion vested in him under section 211(b).
The first sentence of this subsection shall not apply to an alien who
has been convicted of one or more aggravated felonies and has served
for such felony or felonies a term of imprisonment of at least 5
years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:

''judicial review of orders of removal

''Sec. 242. (a) The procedure prescribed by, and all the provisions
of chapter 158 of title 28, United States Code, shall apply to, and
shall be the sole and exclusive procedure for, the judicial review of
all final orders of removal heretofore or hereafter made against aliens
within the United States pursuant to administrative proceedings under
section 240 of this Act or comparable provisions of any prior Act,
except that--
''(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
''(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
''(3) the action shall be brought against the Immigration
and Naturalization Service, as respondent. Service of the
petition to review shall be made upon the Attorney General of
the United States and upon the official of the Immigration and
Naturalization Service in charge of the Service district in
which the office of the clerk of the court is located. The
service of the petition for review upon such official of the
Service shall stay the removal of the alien pending
determination of the petition by the court, unless the court
otherwise directs or unless the alien is convicted of an
aggravated felony, in which case the Service shall not stay the
removal of the alien pending determination of the petition of
the court unless the court otherwise directs;
''(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Attorney General's findings of fact, if supported by
reasonable, substantial, and probative evidence on the record
considered as a whole, shall be conclusive;
''(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
''(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
''(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Attorney General's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive. If the
removal order is held invalid, the court shall dismiss the
indictment and the United States shall have the right to appeal
to the court of appeals within 30 days. The procedure on such
appeals shall be as provided in the Federal rules of criminal
procedure. No petition for review under this section may be
filed by any alien during the pendency of a criminal proceeding
against such alien for violation of subsection (a) or (b) of
section 243 of this Act;
''(8) nothing in this section shall be construed to require
the Attorney General to defer removal of an alien after the
issuance of a removal order because of the right of judicial
review of the order granted by this section, or to relieve any
alien from compliance with subsections (a) and (b) of section
243 of this Act. Nothing contained in this section shall be
construed to preclude the Attorney General from detaining or
continuing to detain an alien or from taking the alien into
custody pursuant to section 241 of this Act at any time after
the issuance of a removal order;
''(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
''(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
''(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
''(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
''(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
''(A) whether the alien is in fact the alien described in
the order;
''(B) whether the alien is in fact an alien described in
section 238(b)(2);
''(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
''(D) whether the alien was afforded the procedures
required by section 238(b)(4).
''(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Attorney General shall establish a process (whether through permitting
the reopening of a removal proceeding or otherwise) under which an
alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Attorney General should exercise the parole
authority under section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens
removed from the United States to participate in the process
established under subsection (a).
[A]: Keeping Families Together Act of 2001 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."Authorizes the Attorney General to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted. Revises provisions respecting judicial review of removal orders.Requires the Attorney General to establish a post-proceeding removal relief process for affected aliens.

[Q]: SECTION 1. FIREFIGHTER ASSISTANCE.

The first section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229) is amended to read as follows:

''SEC. 33. FIREFIGHTER ASSISTANCE.

''(a) Definition of Firefighting Personnel.--In this section, the
term 'firefighting personnel' means individuals, including volunteers,
who are firefighters, officers of fire departments, or emergency
medical service personnel of fire departments.
''(b) Assistance Program.--
''(1) Authority.--In accordance with this section, the
Administrator may--
''(A) make grants on a competitive basis directly
to fire departments of a State, in consultation with
the chief executive of the State, for the purpose of
protecting the health and safety of the public,
firefighting personnel, and property against fire and
fire-related hazards; and
''(B) provide assistance for fire prevention
programs in accordance with paragraph (4).
''(2) Office for administration of assistance.--
''(A) Establishment.--Before providing assistance
under paragraph (1), the Administrator shall establish
an office in the Administration to administer the
assistance under this section.
''(B) Included duties.--The duties of the office
shall include the following:
''(i) Recipient selection criteria.--To
establish specific criteria for the selection
of recipients of the assistance under this
section, including a requirement for peer
review of the selection process.
''(ii) Grant-writing assistance.--To
provide grant-writing assistance to applicants.
''(3) Use of fire department grant funds.--The
Administrator may make a grant under paragraph (1)(A) only if
the applicant for the grant agrees to use the grant funds for
one or more of the following purposes:
''(A) To hire additional firefighting personnel.
''(B) To train firefighting personnel in
firefighting, emergency response (including response to
a terrorism incident or use of a weapon of mass
destruction), arson prevention and detection, or the
handling of hazardous materials, or to train
firefighting personnel to provide any of the training
described in this subparagraph.
''(C) To fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes
of fires and other emergencies.
''(D) To certify fire inspectors.
''(E) To establish wellness and fitness programs
for firefighting personnel to ensure that the
firefighting personnel can carry out their duties.
''(F) To fund emergency medical services provided
by fire departments.
''(G) To acquire additional firefighting vehicles,
including fire trucks.
''(H) To acquire additional firefighting equipment,
including equipment for communications, monitoring, and
response to a terrorism incident or use of a weapon of
mass destruction.
''(I) To acquire personal protective equipment
required for firefighting personnel by the Occupational
Safety and Health Administration, and other personal
protective equipment for firefighting personnel,
including protective equipment to respond to a
terrorism incident or the use of a weapon of mass
destruction.
''(J) To modify fire stations, fire training
facilities, and other facilities to protect the health
and safety of firefighting personnel.
''(K) To enforce fire codes.
''(L) To fund fire prevention programs.
''(M) To educate the public about arson prevention
and detection.
''(N) To provide incentives for the recruitment and
retention of volunteer firefighting personnel for
volunteer firefighting departments and other
firefighting departments that utilize volunteers,
including funding to enable training described in
subparagraph (B).
''(4) Fire prevention programs.--
''(A) In general.--For each fiscal year, the
Administrator shall use not less than 5 percent of the
funds made available under subsection (e)--
''(i) to make grants to fire departments
for the purpose described in paragraph (3)(L);
and
''(ii) to make grants to, or enter into
contracts or cooperative agreements with,
national, State, local, or community
organizations that are recognized for their
experience and expertise with respect to fire
prevention or fire safety programs and
activities, for the purpose of carrying out
fire prevention programs.
''(B) Priority.--In selecting organizations
described in subparagraph (A)(ii) to receive assistance
under this paragraph, the Administrator shall give
priority to organizations that focus on prevention of
injuries to children from fire.
''(5) Application.--The Administrator may provide
assistance to a fire department or organization under this
subsection only if the fire department or organization seeking
the assistance submits to the Administrator an application that
meets the following requirements:
''(A) Form.--The application shall be in such form
as the Administrator may require.
''(B) Information.--The application shall include
the following information:
''(i) Financial need.--Information that
demonstrates the financial need of the
applicant for the assistance for which applied.
In allocating funds under this section, the
Administrator shall not discriminate against an
applicant whose funding jurisdiction places a
high budget priority on fire department needs.
''(ii) Cost-benefit analysis.--An analysis
of the costs and benefits, with respect to
public safety, of the use of the assistance.
''(iii) Reporting systems data.--An
agreement to provide information to the
national fire incident reporting system for the
period covered by the assistance.
''(iv) Other information.--Any other
information that the Administrator may require.
''(6) Non-federal contribution.--
''(A) In general.--Subject to subparagraph (B), the
Administrator may provide assistance under this
subsection only if the applicant for the assistance
agrees to provide 30 percent of the cost of the
purposes for which the assistance is sought under this
subsection in non-Federal funds for any fiscal year.
''(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel serve jurisdictions of 50,000 or fewer
residents, the required non-Federal contribution under subparagraph (A)
shall be 10 percent.
''(7) Maintenance of expenditures.--The Administrator may
provide assistance under this subsection only if the applicant
for the assistance agrees to maintain in the fiscal year for
which the assistance will be received the applicant's aggregate
expenditures for the uses described in paragraph (3) or (4) at
or above the average level of such expenditures in the two
fiscal years preceding the fiscal year for which the assistance
will be received.
''(8) Report to the administrator.--The Administrator may
provide assistance under this subsection only if the applicant
for the assistance agrees to submit to the Administrator a
report, including a description of how the assistance was used,
with respect to each fiscal year for which the assistance was
received.
''(9) Variety of fire department grant recipients.--The
Administrator shall ensure that grants under paragraph (1)(A)
for a fiscal year are made to a variety of fire departments,
including, to the extent that there are eligible applicants--
''(A) career, volunteer, and combination fire
departments;
''(B) fire departments located in communities of
varying sizes; and
''(C) fire departments located in urban, suburban,
and rural communities.
''(10) Grant limitations.--
''(A) Recipient limitation.--A grant recipient
under this section may not receive more than $750,000
under this section for any fiscal year.
''(B) Limitation on expenditures for firefighting
vehicles.--Not more than 25 percent of the funds
appropriated to provide grants under this section for a
fiscal year may be used to assist grant recipients to
purchase vehicles, as authorized by paragraph (3)(G).
''(11) Reservation of grant funds for volunteer
departments.--In making grants to firefighting departments, the
Administrator shall ensure that those firefighting departments
that have either all-volunteer forces of firefighting personnel
or combined forces of volunteer and career firefighting
personnel collectively receive at least a proportion of the
total grant funding that equals the proportion of the United
States population that those firefighting departments protect.
''(c) Audits.--A recipient of a grant under this section shall be
subject to audits to ensure that the grant proceeds are expended for
the intended purposes and that the grant recipient complies with the
requirements of paragraphs (6) and (7) of subsection (b).
''(d) State Defined.--In this section, the term 'State' includes
the District of Columbia and the Commonwealth of Puerto Rico.
''(e) Authorization of Appropriations.--
''(1) In general.--There are authorized to be appropriated
to the Administrator $900,000,000 for each of the fiscal years
2002 through 2004 for the purposes of this section.
''(2) Administrative expenses.--Of the funds appropriated
pursuant to paragraph (1) for a fiscal year, the Administrator
may use not more than five percent of the funds to cover
salaries and expenses and other administrative costs incurred
by the Administrator to operate the office established under
subsection (b)(2) and make grants and provide assistance under
this section.''.

SEC. 2. TECHNICAL AMENDMENTS.

The second section 33 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2230) and section 34 of that Act (15 U.S.C.
2231) are redesignated as sections 34 and 35, respectively.
[A]: Amends the Federal Fire Prevention and Control Act of 1974 with respect to competitive grants to fire departments by the Federal Emergency Management Agency's (FEMA's) U.S. Fire Administration. Adds protection of property to the list of grant purposes.Requires the grant administration office to require peer review of the grant recipient selection process.Adds funding for training as a volunteer recruitment and retention incentive among the proper uses of grant funds.

[Q]: 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.

HR 2224 IH----2
[A]:
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.