Untitled

National Environmental Education Act

* Act of November 16, 1990 (P.L. 101-619, 104 Stat. 3552; 20 U.S.C. 5501(note), 5501-5510)

Short Title

Sec. 1. (a) This Act may be cited as the "National Environmental Education Act". (20 U.S.C. 5501 (note))

Findings and Policy

Sec. 2. (a) Findings.-The Con-gress finds that-

(1) Threats to human health and environmental quality are in-creas-ingly complex, involving a wide range of conventional and toxic contaminants in the air and water and on the land.

(2) There is growing evidence of international environmental problems, such as global warming, ocean pollution, and declines in species diversity, and that these problems pose serious threats to human health and the environ-ment on a global scale.

(3) Environmental problems represent as significant a threat to the quality of life and the economic vitality of urban areas as they do the natural balance of rural areas.

(4) Effective response to com-plex environmental problems re-quires understanding of the natural and built environment, awareness of environ-mental problems and their origins (including those in urban areas), and the skills to solve these problems.

(5) Development of effective solutions to environmental problems and effective implementation of environmental programs requires a well educated and trained, professional work force.

(6) Current Federal efforts to inform and educate the public con-cerning the natural and built envi-ronment and environmental prob-lems are not adequate.

(7) Existing Federal support for development and training of professionals in environmental fields is not sufficient.

(8) The Federal Government, acting through the Environmental Protection Agency, should work with local education institutions, State education agencies, not-for-profit educational and environmental organizations, noncommercial educational broadcasting entities, and private sector interests to support development of curricula, special projects, and other activities, to increase understanding of the natural and built environment and to improve awareness of environmental problems.

(9) The Federal Government, acting through the coordinated efforts of its agencies and with the leadership of the Environmental Protection Agency, should work with local education institutions, State education agencies, not-for-profit educational and environmental organizations, noncommercial educational broadcasting entities, and private sector interests to develop programs to provide increased em-phasis and financial resources for the purpose of attracting students into environmental engineering and assisting them in pursuing the pro-grams to complete the advanced technical education required to provide effective problem solving capabilities for complex environ-mental issues.

(10) Federal natural resource agencies such as the United States Forest Service have a wide range of environmental expertise and a long history of cooperation with educa-tional institutions and technology transfer that can assist in furthering the purposes of the Act.

(b) Policy.-It is the policy of the United States to establish and sup-port a program of education on the environment, for students and per-sonnel working with students, through activities in schools, institu-tions of higher education, and relat-ed educational activities, and to encourage postsecondary students to pursue careers related to the envi-ronment. (20 U.S.C. 5501)

Definitions

Sec. 3. For the purposes of this Act, the term-

(1) "Administrator" means the Administrator of the Environmental Protection Agency;

(2) "Agency" means the United States Environmental Protection Agency;

(3) "Federal agency" or "agency of the United States" means any department, agency or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Gov-ernment including any Govern-ment corporation;

(4) "Secretary" means the Secretary of the Department of Education;

(5) "local education agency" means any education agency as defined in section 198 of the Ele-mentary and Secondary Education Act of 1965 (20 U.S.C. 3381) and shall include any tribal education agency;

(6) "not-for-profit organiza-tion" means an organization, associ-a-tion, or institution described in section 501(c)(3) of the Internal Revenue Code of 1986, which is exempt from taxation pursuant to the provi-sions of section 501(a) of such Code;

(7) "noncommercial education broadcasting entities" means any noncommercial educational broad-casting station (and/or its legal nonprofit affiliates) as defined and licensed by the Federal Communications Commission;

(8) "tribal education agency" means a school or community col-lege which is controlled by an Indi-an tribe, band, or nation, including any Alaska Native village, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and which is not administered by the Bureau of Indian Affairs;

(9) "Federal natural resource management agencies" means the United States Forest Service, the Bureau of Land Management, the National Park Service, and the Fish and Wildlife Service;

(10) "environmental engineer-ing" means the discipline within engineering and science concerned with the development and applica-tion of scientific and technical solu-tions to protecting the aquatic and atmospheric environ-ment, including, but not limited to, all phases of water resources planning, water supply, water treatment, air pollu-tion characterization and control, remediation of hazardous substances, environmental transport of contaminants in surface and ground water and atmosphere, and methods for assessment and control of pollution;

(11) "environmental education" and "environmental education and training" mean educational activities and training activities involving elementary, secondary, and postsecondary students, as such terms are defined in the State in which they reside, and environmental education personnel, but does not include technical training activities directed toward environmental management professionals or activities primarily directed toward the support of noneducational research and development;

(12) "Foundation" means the National Environmental Education and Training Foundation established pursuant to section 10 of this Act; and

(13) "Board of Directors" means the Board of Directors of the National Environmental Education and Training Foundation. (20 U.S.C. 5502)

Office of Environmental Education

Sec. 4. (a) The Administrator shall establish an Office of Environmental Education within the Environmental Protection Agency.

(b) The Office of Environmental Education shall-

(1) develop and support pro-grams and related efforts, in consul-ta-tion and coordination with other Federal agencies, to improve under-standing of the natural and built environment, and the relationships between humans and their environ-ment, including the global aspects of environmental problems;

(2) support development and the widest possible dissemination of model curricula, educational materi-als, and training programs for ele-mentary and secondary students and other interested groups, including senior Americans;

(3) develop and disseminate, in cooperation with other Federal agencies, not-for-profit educational and environmental organizations, State agencies, and noncommercial educational broadcasting entities, environmental education publications and audio/visual and other media materials;

(4) develop and support environmental education seminars, training programs, teleconferences, and workshops for environmental educa-tion professionals, as provided for in section 5 of this Act;

(5) manage Federal grant assis-tance provided to local education agencies, institutions of higher edu-cation, other not-for-profit organiza-tions, and noncommercial education broadcasting entities, under section 6 of this Act;

(6) administer the environmen-tal internship and fellowship pro-grams provided for in section 7 of this Act;

(7) administer the environmen-tal awards program provided for in section 8 of this Act;

(8) provide staff support to the Advisory Council and Task Force provided for in section 9 of this Act;

(9) assess, in coordination with other Federal agencies, the demand for professional skills and training needed to respond to current and anticipated environmental problems and cooperate with appropriate insti-tutions, organizations, and agen-cies to develop training programs, curric-ula, and continuing education pro-grams for teachers, school ad-minis-trators, and related profession-als;

(10) assure the coordination of Federal statutes and programs administered by the Agency relating to environmental education, consistent with the provisions and purposes of those programs, and work to reduce duplication or inconsistencies within these programs;

(11) work with the Department of Education, the Federal Interagency Committee on Education, and with other Federal agencies, includ-ing Federal natural resource man-agement agencies, to assure the effective coordina-tion of programs related to environmental education, including environmental education programs relating to national parks, national forests, and wildlife refug-es;

(12) provide information on environmental education and train-ing programs to local education agencies, State education and natural resource agencies, and others; and

(13) otherwise provide for the implementation of this Act.

(1) be directed by a Director who shall be a member of the Se-nior Executive Service;

(2) include a headquarters staff of not less than six and not more than ten full-time equivalent em-ployees; and

(3) be supported by one full--time equivalent employee in each Agency regional office. (20 U.S.C. 5503)

Environmental Education and Training Program

Sec. 5. (a) Establishment.--There is hereby estab-lished an Envi-ron-mental Education and Training Program. The purpose of the pro-gram shall be to train educational professionals in the development and delivery of environmental education and training programs and studies.

(b) Functions and activities.-The functions and activities of the program shall include, at a mini-mum-

(1) classroom training in envi-ronmental education and studies including environmental sciences and theory, educational methods and practices, environmental career or occupational education, and topical environ-mental issues and prob-lems;

(2) demonstration of the design and conduct of environmen-tal field studies and assessments;

(3) development of environ-mental education programs and curricu-lum, including programs and curriculum to meet the needs of diverse ethnic and cultural groups;

(4) sponsorship and manage-ment of international exchanges of teachers and other educational pro-fessionals between the United States, Canada, and Mexico in-volved in environmental programs and issues;

(5) maintenance or support of a library of environmental education materials, information, literature, and technologies, with electronic as well as hard copy accessibility;

(6) evaluation and dissemina-tion of environmental education materials, training methods, and related programs;

(7) sponsorship of conferences, seminars, and related forums for the advancement and development of environmental education and train-ing curricula and materials, includ-ing international conferences, semi-nars, and forums;

(8) supporting effective partnerships and networks and the use of distant learning technologies; and

(9) such other activities as the Administrator determines to be consistent with the policies of this Act.

Special emphasis should be placed on developing environmental educa-tion programs, workshops, and training tools that are portable and can be broadly disseminated.

(c)(1) Grants.-The Administrator shall make a grant on an annual basis to an institution of higher education or other institution which is a not-for-profit institution (or consor-tia of such institutions) to operate the environmen-tal education and training program required by this section.

(2) Any institution of higher education or other institution (or consortia of such institutions) which is a not-for-profit organization and is interested in receiving a grant under this section may submit to the Administrator an application in such form and containing such informa-tion as the Administra-tor may re-quire.

(3) The Administrator shall award grants under this section on the basis of-

(A) the capability to devel-op environmental education and training programs; (B) the capability to deliver training to a range of participants and in a range of settings;

(D) the relative economic effectiveness of the program in terms of the ratio of overhead costs to direct services;

(E) the capability to make effective use of existing national environmental education resources and programs;

(F) the results of any evalu-ation under paragraph (5) of this subsection; and

(G) such other factors as the Administrator deems appropriate.

(4) No funds made available to carry out this section shall be used for the acquisition of real property (including buildings) or the con-struction or substantial modification of any building.

(5) The Administrator shall establish procedures for a careful and detailed review and evaluation of the environmental education and training program to determine whether the quality of the program being operated by the grantee war-rants continued support under this section.

(d)(1) Eligibility.-Individuals eligi-ble for participation in the program are teachers, faculty, adminis-trators and related support staff associated with local education agencies, col-leges, and universities, employees of State education, envi-ronmental pro-tection, and natural resource depart-ments, and employ-ees of not-for--profit organizations involved in environ-mental education activities and issues.

(2) Individuals shall be selected for participation in the program based on applications which shall be in such form as the Administrator determines to be appropriate.

(3) In selecting individuals to participate in the program, the Administrator shall provide for a wide geographic representation and a mix of individuals, including minorities, working at primary, secondary, postsecondary levels, and with ap-propriate other agencies and depart-ments.

(4) Individuals selected for participation in the program may be provided with a stipend to cover travel and accommodations from grant funds awarded pursuant to this section in such amounts as the Ad-ministrator determines to be appro-priate. (20 U.S.C. 5504)

Environmental Education Grants

Sec. 6. (a) Cooperative agree-ments and grants.-The Administra-tor may enter into a cooperative agree-ment or contract, or provide finan-cial assis-tance in the form of a grant, to support projects to design, demon-strate, or disseminate practices, methods, or techniques related to environmental education and training.

(b) Eligible activities.-Activities eligible for grant support pursuant to this section shall include, but not be limited to, environmental education and training programs for-

(1) design, demonstration, or dissemination of environmental curricula, including development of educational tools and materials;

(2) design and demonstration of field methods, practices, and techniques, including assessment of environmental and ecological condi-tions and analysis of environmental pollution problems;

(3) projects to understand and assess a specific environmental issue or a specific environmental problem;

(4) provision of training or related education for teachers, facul-ty, or related personnel in a specific geographic area or region; and

(5) design and demonstration of projects to foster international cooperation in addressing environ-mental issues and problems involv-ing the United States and Canada or Mexico.

(c) Priority projects.-In making grants pursuant to this section, the Administrator shall give priority to those proposed projects which will develop-

(1) a new or significantly improved environmental education practice, method, or technique;

(2) an environmental education practice, method, or technique which may have wide application;

(3) an environmental education practice, method, or technique which addresses a skill or scientific field identified as a priority in the report developed pursuant to section 9(d) of this Act; and

(4) an environmental education practice, method, or technique which addresses an environmental issue which, in the judgment of the Administra-tor, is of a high priority.

(d) Scope of program and imple-menting regulations.-The program established by this section shall include solicita-tions for projects, selection of suit-able projects from among those proposed, supervision of such pro-jects, evaluation of the results of projects, and dissemina-tion of infor-mation on the effective-ness and feasibility of the practices, methods, techniques and processes. Within one year of the date of en-actment of this Act, the Administra-tor shall publish regulations to as-sure satis-factory implementation of each element of the program autho-rized by this section.

(e) Solicitation notices.-Within 90 days after the date on which amounts are first appropri-ated for carrying out this Act, and each year thereafter, the Administra-tor shall publish a solicitation for environ-mental education grants. The solici-tation notice shall pre-scribe the information to be includ-ed in the proposal and other infor-mation sufficient to permit the Ad-ministra-tor to assess the project.

(f) Applications.-Any local educa-tion agency, college or univer-sity, State educa-tion agency or envi-ron-mental agen-cy, not-for-profit organi-zation, or noncommer-cial education-al broad-casting entity may submit an appli-cation to the Administra-tor in re-sponse to the solicitations re-quired by subsection (e) of this section.

(g) Performance of projects.-Each project under this section shall be performed by the appli-cant, or by a person satisfactory to the applicant and the Administrator.

(h) Matching requirements.--Federal funds for any demon-stration project under this section shall not exceed 75 percent of the total cost of such project. For the purposes of this section, the non-Federal share of project costs may be provided by inkind contributions and other non-cash support. In cases where the Adminis-trator determines that a proposed project merits sup-port and cannot be undertaken with-out a higher rate of Federal support, the Administrator may approve grants under this section with a matching requirement other than that specified in this subsection, including full Federal funding.

(i) Limitations on grants.-Grants under this section shall not exceed $250,000. In addition, 25 percent of all funds obligated under this sec-tion in a fiscal year shall be for grants of not more than $5,000. (20 U.S.C. 5505)

Environmental Internships and Fellowships

Sec. 7. (a) Postsecondary students and in-service teachers.-The Administrator shall, in consultation with the Office of Personnel Management and other appropriate Federal agencies, provide for internships by postsecondary level students and fellowships for in-service teachers with agencies of the Federal Government.

(b) Purpose.-The purpose of internships and fellowships pursuant to this section shall be to provide college level students and in-service teach-ers with an opportunity to work with professional staff of Federal agencies involved in envi-ronmental issues and thereby gain an under-standing and apprecia-tion of such issues and the skills and abilities appropriate to such profes-sions.

(c) Minimum number of intern-ships and fellowships.-The Admin-is-trator shall, to the extent practica-ble, support not less than 250 intern-ships each year and not less than 50 fel-lowships each year.

(d) Management of programs.--The internship and fellowship pro-grams shall be managed by the Office of Environmental Education. Interns and fellows may serve in appropri-ate agencies of the Federal Govern-ment including, but not limit-ed to, the Environmental Protection Agen-cy, the Fish and Wildlife Ser-vice, the National Oceanic and Atmo-spheric Administration, the Council on Environmen-tal Quality, Federal natural resource manage-ment agen-cies, the Department of Agricul-ture, and the National Sci-ence Founda-tion.

(e) Length of internships and fellowships; funding.-Interns shall be hired on a temporary, full-time basis for not to exceed 6 months and shall be compensated appropriately. Fellows shall be hired on a temporary full-time basis for not to exceed 12 months and shall be compensated appropriately. Federal agencies hiring interns shall provide the funds necessary to support salaries and related costs.

(f) Eligible individuals.-

(1) Individuals eligible for participation in the internship program are students enrolled at accredited colleges or universities who have successfully completed not less than four courses or the equivalent in environmental sciences or studies, as determined by the Administrator.

(2) Individuals eligible for participation in the fellowship program are in-service teachers who are currently employed by a local education agency and have not less than 2 years experience in teaching environmental education, environmental sciences, or related courses.

(g) Applications.-Individuals shall be selected for internships and fellowships based on applications which shall be in such form as the Administrator considers appro-priate.

(h) Geographic, cultural, and minority representation.-In select-ing individuals for internships and fellowships, the Adminis-trator shall provide for wide geographic, cultur-al, and minority representa-tion. (20 U.S.C. 5506)

Environmental Education Awards

Sec. 8. (a) National awards.--The Administrator shall provide for a series of national awards recognizing outstanding contributions to environmental education.

(b) Required awards.-In addition to such other awards as the Administrator may provide for, national environmental awards shall include-

(1) The "Theodore Roosevelt Award" to be given in recognition of an outstanding career in environmental education, teaching, or administration;

(2) The "Henry David Thoreau Award" to be given in recognition of an outstanding contribution to literature on the natural environment and environmental pollution problems;

(3) The "Rachael Carson Award" to be given in recognition of an outstanding contribution in print, film, or broadcast media to public education and information on environmental issues or problems; and

(4) The "Gifford Pinchot Award" to be given in recognition of an outstanding contribution to education and training concerning forestry and natural resource management, including multiple use and sustained yield land management.

(c) Nomination by Environmental Education Advisory Council.-Recipients of education awards provided for in subsection (b) shall be nominated by the Environmental Education Advisory Council provided for in section 9 of this Act.

(d) President's Environmental Youth Awards.--The Administrator may pro-vide for the "President's Environ-men-tal Youth Awards" to be given to young peo-ple in grades kinder-garten through twelfth for an out-standing project to promote local environ-mental aware-ness.

(e) Cash awards for elementary and secondary education teachers and local educational agencies.-

(1) The Chairman of the Coun-cil on Environmental Quality, on behalf of the President, is authorized to develop and administer an awards program to recognize elementary and secondary education teachers and their local educational agencies who demonstrate excellence in advancing environmental education through innovative approaches. One teacher, and the local education agency employing such teacher, from each State, including the District of Columbia and the Commonwealth of Puerto Rico, are eligible to be selected for an award pursuant to this subsection. (2) The Chairman is authorized to provide a cash award of up to $2,500 to each teacher selected to receive an award pursuant to this section, which shall be used to further the recipient's professional development in environmental edu-cation.

(3) The Chairman is also au-thorized to provide a cash award of up to $2,500 to the local educa-tion agency employing any teacher se-lected to receive an award pursu-ant to this section, which shall be used to fund environmental educa-tional activities and programs. Such awards may not be used for con-struction costs, general expenses, salaries, bonuses, or other adminis-trative expenses. (20 U.S.C. 5507)

Environmental Education Adviso-ry Council and Task Force

Sec. 9. (a) Establishment.--There is hereby estab-lished a Na-tional Environmental Education Advisory Council and a Federal Task Force on Environmental Education.

(b) Advisory Council.-

(1) The Advisory Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this Act. With respect to such matters, the Council shall be the exclusive advisory entity for the Administrator. The Council may exchange information with other Advisory Councils estab-lished by the Administrator. The Office of Environmen-tal Education shall provide staff support to the Council.

(2) The Advisory Council shall consist of 11 members appointed by the Administrator after consultation with the Secretary. Two members shall be appointed to represent pri-mary and secondary education (one of whom shall be a classroom teach-er); two members shall be appointed to represent colleges and universi-ties; two members shall be appoint-ed to represent not-for-profit organi-zations involved in environmental education; two members shall be appointed to represent State depart-ments of education and natural resources; two representatives shall be appointed to represent business and industry; and one representative shall be appointed to represent se-nior Americans. A representative of the Secretary shall serve as an ex officio member of the Advisory Council. The conflict of interest provision at section 208(a) of title 18, United States Code, shall not apply to members' participation in particular matters which affect the financial interests of employers which they represent pursuant to this subsection.

(3) The Administrator shall provide that members of the Council represent the various geographic regions of the country, has minority representation, and that the profes-sional backgrounds of the members include scientific, policy, and other appropriate disciplines.

(4) Each member of the Advi-sory Council shall hold office for a term of 3 years, except that-

(A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and

(B) the terms of the mem-bers first taking office shall expire as follows: four shall expire 3 years after the date of enactment of this Act, four shall expire 2 years after such date, and three shall expire 1 year after such date, as designated by the Administrator at the time of appoint-ment.

(5) Members of the Advisory Council appointed under this section shall, while attending meetings of the Council or otherwise engaged in business of the Council, receive compensation and allowances at a rate to be fixed by the Administra-tor, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsis-tence, in the same manner as per-sons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.

(6) Section 14(a) of the Feder-al Advisory Committee Act relating to termination, shall not apply to the Advisory Council.

(1) The Federal Task Force on Environmen-tal Education shall ad-vise, consult with and make rec-om-mendations to the Administra-tor on matters relating to implemen-ta-tion of this Act and assure the coor-dina-tion of such implementation activi-ties with related activities of other Federal agencies.

(2) Membership of the Task Force shall include the-

(A) Department of Educa-tion,

(B) Department of the Inte-rior,

(D) the Environmental Pro-tection Agency,

(E) National Oceanic and Atmospheric Administration,

(F) Council on Environmen-tal Quality,

(G) Tennessee Valley Au-thority, and

(H) National Science Foun-dation.

(3) The Environmental Protec-tion Agency shall chair the Task Force.

(4) The Administrator may ask other Federal agencies to partici-pate in the meetings and activities of the Task Force where the Administrator finds it appropriate in carrying out the re-quirements of this Act.

(d) Reports.-

(1) The Advisory Council shall, after providing for public review and comment, submit to the Con-gress, within 24 months of enact-ment of this Act and bian-nual-ly thereafter, a report which shall-

(A) describe and assess the extent and quality of environmental education in the Nation;

(B) provide a general de-scription of the activities conducted pursuant to this Act and related authorities over the previous 2-year period;

(C) summarize major obsta-cles to improving environmental education (including environmental education programs relating to na-tional parks and wildlife refuges) and make recommenda-tions for addressing such obstacles;

(D) identify personnel skills, education, and training needed to respond to current and anticipated environmental problems and make recommendations for actions to assure sufficient education-al and training opportunities in these pro-fessions; and

(E) describe and assess the extent and quality of environmental education programs available to senior Americans and make recom-mendations thereon; describe the various Federal agency programs to further senior environmental educa-tion; and evaluate and make recom-menda-tions as to how such educa-tional apparatuses could best be coordinated with nonprofit senior organizations across the Nation, and environmental education institutions and organizations now in existence.

(2) The Federal Task Force on Environmental Education shall re-view and comment on a draft of the report to Congress. (20 U.S.C. 5508)

The National Environmental Edu-cation and Training Foundation

Sec. 10. (a) Establishment and Purposes.-

(1) Establishment.-

(A) There is hereby estab-lished the National Environmental Education and Training Foundation. The Foundation is established in order to extend the contribution of environmental education and train-ing to meeting critical environmen-tal protection needs, both in this country and internationally; to facili-tate the cooperation, coordination, and contribution of public and pri-vate resources to create an environ-mentally advanced educational sys-tem; and to foster an open and effective partnership among Federal, State, and local government, busi-ness, industry, academic institu-tions, community based environ-mental groups, and international organiza-tions.

(B) The Foundation is a charitable and nonprofit corporation whose income is exempt from tax, and donations to which are tax deductible to the same extent as those organizations listed pursuant to section 501(c) of the Internal Revenue Code of 1986. The Foundation is not an agency or establishment of the United States.

(2) Purposes.-The purposes of the Foundation are-

(A) subject to the limitation contained in the final sentence of subsection (d) herein, to encourage, accept, leverage, and administer private gifts for the benefit of, or in connection with, the environmen-tal education and training activities and services of the United States Envi-ronmental Protection Agency;

(B) to conduct such other environmental education activities as will further the development of an environmentally conscious and responsible public, a well-trained and environmentally literate work-force, and an environmentally ad-vanced educational system;

(C) to participate with for-eign entities and individuals in the conduct and coordination of activi-ties that will further opportunities for environmen-tal education and training to address environmental issues and problems involving the United States and Canada or Mexi-co.

(3) Programs.-The Founda-tion will develop, support, and/or operate programs and projects to educate and train educational and environ-mental professionals, and to assist them in the development and delivery of environmental education and training programs and studies.

(b) Board of Directors.-

(1) Establishment and member-ship.-

(A) The Foundation shall have a governing Board of Directors (hereafter referred to in this section as "the Board"), which shall consist of 13 directors, each of whom shall be knowledgeable or experienced in the environment, education and/or training. The Board shall oversee the activities of the Foundation and shall assure that the activities of the Foundation are consistent with the environmental and education goals and policies of the Environmental Protection Agency and with the intents and purposes of this Act. The membership of the Board, to the extent practica-ble, shall repre-sent diverse points of view relating to environ-mental education and training.

(B) The Administrator of the Environmental Protection Agen-cy shall, pursuant to paragraph (2), appoint the Director of the Office of Environmental Education established pursuant to section 3 of this Act as an ex-officio member of the Board. Ex officio membership shall also be offered to other Federal agencies or departments with an interest and/or experience in environ-mental educa-tion and training.

(C) Appointment to the Board shall not constitute employ-ment by, or the holding of an office of, the United States for the purpos-es of any Federal law.

(2) Appointment and terms.-(A) Members of the Board shall be appointed by the Adminis-trator of the Environmental Protec-tion Agency.

(B) Within 90 days of the date of the enactment of this Act, and as appropriate thereafter, the Administrator shall publish in the Federal Register an announcement of appointments of Directors of the Board. At the same time, the Ad-ministrator shall transmit a copy of such announce-ment to the Education and Labor Committee and the Com-mittee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the United States Senate. Such appoint-ments shall become final and effective 90 days after publication in the Federal Register.

(C) The directors shall be appointed for terms of 4 years, ex-cept that the Administrator, in mak-ing the initial appointments to the Board, shall appoint 5 directors to a term of 2 years, 4 directors to a term of 3 years, and 4 directors to a term of 4 years. The Administra-tor shall appoint an individual to serve as a director in the event of a va-cancy on the Board within 60 days of said vacancy in the manner in which the original appoint-ment was made. No individual may serve more than 2 consecutive terms as a director.

(3) Chair.-The Chair shall be elected by the Board from its mem-bers for a 2-year term.

(4) Quorum.-A majority of the current membership of the Board shall constitute a quorum for the transaction of business.

(5) Meetings.-The Board shall meet at the call of the Chair at least twice a year. If a Director misses three consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accor-dance with this subsection. (6) Reimbursement of ex-penses.-Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence ex-penses incurred by them in the performance of the duties of the Foundation.

(7) General powers.-(A) The Board may complete the organization of the Foundation by-

(i) appointing officers and employees;

(ii) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this section; and

(iii) undertaking such other acts as may be necessary to carry out the provisions of this section.

(B) The following limita-tions apply with respect to the ap-pointment of officers and employees of the Foundation:

(i) Officers and employees may not be appointed until the Foundation has sufficient funds to pay for their service. Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5, of the United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS-18 of the General Schedule.

(ii) The first officer or employee appointed by the Board shall be the Executive Director of the Foundation who-

(I) shall serve, at the direction of the Board, as the Secretary of the Board and the Foundation's chief executive officer; and

(II) shall be experienced in matters relating to environmental education and training.

(1) In general.-The Foundation-

(A) shall have perpetual succession;

(B) may conduct business throughout the several States, territories, and possessions of the United States and abroad;

(D) shall at all times main-tain a designated agent authorized to accept service of process for the Foundation.

The service of notice to, or ser-vice of notice upon, the agent re-quired under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foun-dation.

(2) Seal.-The Foundation shall have an official seal selected by the Board which shall be judi-cially noticed.

(3) Powers.-To carry out its purposes under section 10(a) of this Act, the Foundation shall have, in addition to the powers otherwise given it under this section, the usual powers of a corporation acting as a trustee, including the power-

(A) to accept, receive, solic-it, hold, administer, and use any gift, devise, or bequest, either abso-lutely or in trust, of real or personal property or any income therefrom or other interest therein;

(B) to acquire by purchase or exchange any real or personal property or interest therein;

(C) unless otherwise re-quired by the instrument of transfer, to sell, donate, lease, invest, rein-vest, retain, or otherwise dispose of any property or income therefrom;

(D) to sue, or to be sued, and complain or defend itself in any court of competent jurisdiction, except that the Directors of the Board shall not be personally liable, except for gross negligence;

(E) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and

(F) to do any and all acts necessary and proper to carry out the purposes of the Foundation.

(d) Conditions on Donations.-

(1) For the purposes of this section, a gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, re-stricted, or subject to beneficial interests of private persons if any current future interest therein is for the benefit of the Foundation.

(2) No donation, gift, devise, bequest, property (either real or personal), voluntary services, or any other thing of value may be accept-ed by the Foundation if it-

(A) is contingent upon the transmission by the Foundation of materials or information prepared by the donor or a third party in such a fashion as to convey a particular point of view favorable to the economic interests of the donor or its constituents or associates; or

(B) in the judgment of the Board carries with it an explicit or implied requirement on the part of the Foundation to do a specific act or make general representations which are to the benefit of the donor and which are not consistent with the environmental and educa-tion goals and policies of the Envi-ronmental Protection Agency and with the intents and purposes of this Act.

(3) No materials bearing "lo-gos", letterhead or other means of identification associated with a donor or third party may be trans-mitted by the Foundation, for use in environmental education and train-ing except as required pursuant to subsection (f).

(e) Administrative Services and Support.-Subject to the require-ments of this subsection, the Admin-istrator may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses under subsection (b)(6) of this section, not to exceed then current Federal Gov-ernment per diem rates, for a period of up to 4 years from the date of enactment of this Act, and may accept reimbursement therefor, to be deposited in the Treasury to the credit of the appropriations then current and chargeable for the costs of providing such services. With respect to personnel, the Administra-tor may provide no more than 1 full-time employee to serve the Foundation in a policy capacity, and may provide clerical and other sup-port staff at a level equivalent to 2 full-time equivalent employees to the Foundation, for a period not to exceed 2 years from the date of initial assignment of any personnel for this purpose.

(f) Report.-The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to Congress a report of its proceedings and activities during the year, in-cluding a full and complete state-ment of its receipts, expenditures, and investments.

(g) Volunteer Status.-The Ad-ministrator may accept, without regard to the civil service classifica-tion laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employ-ees of the Board, without compensa-tion from the Environmental Protec-tion Agency, as volunteers in the performance of the functions autho-rized herein, in the manner provided for under this section.

(h) Audits and Petition of the Attorney General for Equitable Relief.-For purposes of the Act entitled "An Act for audit of accounts of private corporations estab-lished under Federal law", approved August 30, 1964 (Public Law 88-504; 36 U.S.C. 1101-1103), the Foundation shall be treated as a private corporation established under Federal law.

(i) United States Release From Liability.-The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation.

(j) Amendment and Repeal.-The Congress expressly reserves the right to repeal or amend this section at any time. (20 U.S.C. 5509)

Authorization

Sec. 11. (a) Authorization of appropriations.-There is hereby au-thorized to be appropriated to the Environmen-tal Protection Agency to carry out this Act not to exceed $12,000,000 for each fiscal year 1992 and 1993, not to exceed $13,000,000 for fiscal year 1994, and not to exceed $14,000,000 for each fiscal year 1995 and 1996.

(b) Limitations.-Of such sums appropriated in a fiscal year, 25 percent shall be available for the activities of the Office of Environ-mental Educa-tion, 25 percent shall be available for the operation of the environmental education and train-ing program, 38 percent shall be available for envi-ronmental educa-tion grants, 10 percent shall be available for sup-port of the National Environmen-tal Education and Train-ing Foundation, and 2 percent shall be available to support awards pur-suant to section 8(e) of this Act.

(c) Availability of funds.-Funds appropriated pursuant to this section may be made available to the National Environmental Education and Training Foundation to-

(1) match partially or wholly the amount or value of contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local governments; and

(2) provide administrative services under section 10(d) of this Act: Provided, That the Administrator determines that such funds will be used to carry out the statutory purposes of the Foundation in a manner consistent with the goals, objectives and programs of this Act. (20 U.S.C. 5510)