I

103D CONGRESS

2D SESSION H. R. 4799

To promote the research and development of environmental technologies.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1994

Mr. BROWN of California introduced the following bill; which was referred to

the Committee on Science, Space, and Technology

A BILL

To promote the research and development of environmental

technologies.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—GENERAL PROVISIONS

4 SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Environmental Technologies Act of 1994’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title; table of contents.

Sec. 102. Findings.

Sec. 103. Purposes.

Sec. 104. Definitions.
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TITLE II—POLICY COORDINATION AND TECHNOLOGY PROGRAMS

Subtitle A—Policy Coordination and Program Planning

Sec. 201. Coordination of environmental technology research and development.

Sec. 202. Life-cycle assessments.

Sec. 203. Environmental technologies in ongoing programs.

Subtitle B—Environmental Technology Innovation Initiative

Sec. 211. Establishment and administration of initiative.

Sec. 212. Innovative environmental technology program.

Sec. 213. President’s total environmental quality award and the national environmentally sound technology award.

Sec. 214. Incorporation of information on environmental technologies into existing networks.

Sec. 215. Use of Federal facilities for environmental technology demonstration.

Sec. 216. Study of factors affecting innovation in environmental technologies.

Sec. 217. Disclaimer.

Subtitle C—Other Research Activities

Sec. 221. Environmentally advanced engineering research.

TITLE III—PERFORMANCE MEASUREMENTS

Sec. 301. Performance measurements.

Sec. 302. Verification of environmental technologies.

Sec. 303. Use of certain environmental technologies by the Federal government.

TITLE IV—DEPARTMENT OF ENERGY ENVIRONMENTAL

TECHNOLOGY DEVELOPMENT

Sec. 401. Environmental restoration and waste management technology development.

Sec. 402. Metals recycling demonstration program.

Sec. 403. Funding and authorization.

Sec. 404. Coordination.

TITLE V—AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

Sec. 502. Limitation on appropriations.

Sec. 503. Competition requirement for awards of financial assistance.

1 SEC. 102. FINDINGS.

2 The Congress finds the following:

3 (1) Promoting a sound economy and maintain4 ing a healthy environment are among the urgent

5 public policy challenges of the United States.
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1 (2) The research, development, and demonstra2 tion of environmental technologies will enhance the

3 economic standing of the United States and global

4 environmental security.

5 (3) Although better designs for products and

6 processes offer new opportunities for substantially

7 improved environmental performance in growing do8 mestic and international markets, current govern9 ment regulations and market barriers do not allow

10 these opportunities to be fully exploited.

11 (4) Although the Federal Government, research

12 institutes, universities, and industries are conducting

13 substantial basic environmental research and devel14 opment, environmental concerns must become a

15 more pervasive and central dimension of technology

16 research and development.

17 (5) The coordination of Federal, State, and

18 local activities for the research, development, and

19 demonstration of environmental technologies will

20 greatly enhance the effectiveness of environmental

21 policies of the United States.

22 SEC. 103. PURPOSES.

23 It is the purpose of this Act—

24 (1) to improve, consistent with applicable provi25 sions of law, coordination and integration of environ-
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1 mental technology research and development per2 formed by and across Federal agencies;

3 (2) to assist and catalyze efforts of private in4 dustry, universities, nonprofit research centers, and

5 Federal laboratories in the research, development,

6 and demonstration of cost-effective, energy-efficient,

7 and safe environmental technologies and, in the

8 process, to promote the competitiveness of United

9 States companies;

10 (3) to facilitate the dissemination of informa11 tion regarding innovations in environmental tech12 nologies;

13 (4) to promote the development of technical

14 performance measurements of environmentally sound

15 products; and

16 (5) to direct the study of policy changes that

17 will provide for the more efficient research, develop18 ment, and demonstration of environmental tech19 nologies.

20 SEC. 104. DEFINITIONS.

21 For the purposes of this Act:

22 (1) The term ‘‘Administrator’’ means the Ad23 ministrator of the Environmental Protection Agency.

24 (2) The term ‘‘design-for-environment’’ means

25 the process of synthesis in which waste prevention
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1 and the efficient management of materials during a

2 product’s life cycle are treated as design objectives,

3 in addition to conventional attributes such as cost,

4 performance, manufacturability, and safety.

5 (3) The term ‘‘environmental technology’’

6 means a cost-efficient technology that is primarily

7 intended to improve the quality of the environment

8 through pollution prevention, pollution monitoring,

9 pollution control, pollution remediation, reuse, recy10 cling, or disposal, or that is capable of cost-effec11 tively offering significant environmental benefits

12 when compared with a technology it replaces.

13 (4) The term ‘‘Federal laboratory’’ has the

14 meaning given the term ‘‘laboratory’’ in section

15 12(d)(2) of the Stevenson-Wydler Technology Inno16 vation Act of 1980 (15 U.S.C. 3710a(d)(2)).

17 (5) The term ‘‘life-cycle assessment’’ means an

18 inventory of the resource use and waste generation

19 involved in developing a technology, including mate20 rials extraction, materials conversion, transportation,

21 energy use, end use, recycling, and disposal, and

22 their associated costs and environmental impacts.

23 (6) The term ‘‘small business concern’’ means

24 a United States company that is a small business
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1 concern within the meaning given such term in the

2 Small Business Act (15 U.S.C 631 et seq.).

3 (7) The term ‘‘sustainable economic develop4 ment’’ means the integration of environmental and

5 economic development concerns leading to continu6 ous and long-term economic development with re7 duced pollution and the more efficient use of energy

8 and materials.

9 (8) The term ‘‘technology’’ means a product, a

10 manufacturing process, a system, a service, or any

11 other method by which individual or societal needs

12 are met through technical activities.

13 TITLE II—POLICY COORDINA14 TION AND TECHNOLOGY PRO15 GRAMS

16 Subtitle A—Policy Coordination

17 and Program Planning

18 SEC. 201. COORDINATION OF ENVIRONMENTAL TECH19 NOLOGY RESEARCH AND DEVELOPMENT.

20 (a) INTERAGENCY COORDINATION.—The President,

21 acting through the Director of the Office of Science and

22 Technology Policy or other entity designated by the Presi23 dent and in coordination with the heads of other Federal

24 agencies that have substantial capabilities in the research,

25 development, and demonstration of environmental tech-
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1 nologies, shall develop an interagency strategy that is in

2 accordance with the policies, requirements, and objectives

3 of the applicable Federal statutes administered by those

4 agencies and that—

5 (1) ensures, to the maximum extent practicable,

6 the coordinated, interagency promotion of the re7 search, development, and demonstration of environ8 mental technologies; and

9 (2) develops priorities for Federal environ10 mental technology research, development, and dem11 onstration efforts, by using scientifically objective in12 formation, data, and assessments of risk.

13 (b) IMPLEMENTATION.—In carrying out this section,

14 the President, acting through the Director of the Office

15 of Science and Technology Policy or other entity des16 ignated by the President, shall—

17 (1) review current Federally funded programs,

18 including Federal budget outlays for these programs,

19 to determine their role in the research, development,

20 and demonstration of environmental technologies;

21 (2) recommend the specific responsibilities of

22 each appropriate Federal agency to achieve the pri23 orities developed under this section;

24 (3) describe the recommended levels of Federal

25 funding required for each Federal agency to carry
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1 out the specific responsibilities recommended in

2 paragraph (2);

3 (4) develop a means for ensuring, to the maxi4 mum extent practicable, that the principles of sus5 tainable economic development are integrated into

6 the research, development, and technology programs

7 of all Federal agencies;

8 (5) ensure that programs and activities estab9 lished under this Act are fully coordinated with ex10 isting Federal capabilities and an overall Federal

11 strategy for the research, development, and dem12 onstration of environmental technologies;

13 (6) ensure that the efforts of the Federal Gov14 ernment are coordinated with the efforts of State

15 and local governments and private and nonprofit or16 ganizations promoting the research, development,

17 and demonstration of environmental technologies;

18 (7) ensure that programs and activities estab19 lished under this Act develop technologies that could

20 assist States and regional associations of States to

21 comply with existing environmental regulations, in22 cluding air pollution regulations; and

23 (8) submit to the Congress any recommenda24 tions regarding legislative or administrative action,

25 including recommendations on the roles of Federal
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1 agencies, which may be required to carry out this

2 section.

3 (c) BUDGET COORDINATION.—The Director of the

4 Office of Science and Technology Policy shall annually as5 sess, in conjunction with other entities designated by the

6 President and before the President submits to the Con7 gress the budget for a fiscal year, the budget estimate of

8 each relevant Federal agency for consistency with the

9 plans, reviews, and priorities developed under this section.

10 The Director shall make the results of the annual assess11 ment available to the appropriate elements of the Execu12 tive Office of the President, particularly the Office of Man13 agement and Budget, for use in the preparation of such

14 budget.

15 (d) STRATEGIC PLAN AND ANNUAL REVIEW.—The

16 Director of the Office of Science and Technology Policy

17 or other entity designated by the President shall submit

18 to the Congress—

19 (1) within one year after the date of the enact20 ment of this Act and periodically thereafter, a report

21 on the strategy referred to in subsection (a) and any

22 revisions to the strategy for executing interagency

23 coordination of programs and activities conducted

24 under this section, including the timely research, de-
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1 velopment, and demonstration of innovative environ2 mental control and remediation technologies; and

3 (2) annually a report that describes the

4 progress made in implementing the strategy, includ5 ing the programs and activities conducted under this

6 Act, and the amendments made by this Act, in

7 achieving the purposes of this Act.

8 (e) NON-FEDERAL PARTICIPATION.—The Director of

9 the Office of Science and Technology Policy shall establish

10 mechanisms to ensure the participation of non-Federal en11 tities, including State and local governments, United

12 States companies, United States industrial associations

13 and consortia, United States institutions of higher edu14 cation, United States worker organizations, United States

15 professional associations, and United States nonprofit or16 ganizations, in carrying out this section, including the de17 velopment of the plans, reviews, and recommendations de18 veloped under this section.

19 SEC. 202. LIFE-CYCLE ASSESSMENTS.

20 (a) FINDINGS.—The Congress finds the following:

21 (1) Consideration of life-cycle consequences of

22 the development of a technology can greatly assist in

23 the achievement of more environmentally sound

24 products, processes, and services and enhanced in25 dustrial efficiency. Life-cycle assessments and other
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1 design-for-environment resources can facilitate this

2 achievement by clarifying materials flows and energy

3 flows and by enhancing capabilities to assess these

4 flows in the design of such products, processes, and

5 services.

6 (2) Methods of life-cycle assessment and other

7 design-for-environment resources are underused in

8 both the public and private sectors, particularly as

9 applied to sustainable economic development.

10 (3) The data necessary for meaningful life-cycle

11 assessment and other design-for-environment re12 sources are often difficult to acquire, and no system

13 exists to make such data readily available to public

14 and private groups.

15 (b) LIFE-CYCLE ASSESSMENT COORDINATION.—

16 (1) IN GENERAL.—As part of, and consistent

17 with, the overall Federal environmental technology

18 strategy established in section 201, the Director of

19 the Office of Science and Technology Policy or other

20 entity designated by the President shall, in collabo21 ration with the heads of other appropriate Federal

22 agencies (including the Secretary of Commerce, the

23 Secretary of Energy, and the Secretary of Defense),

24 coordinate Federal activities and resources that are

25 applied to life-cycle assessment and other design-for-
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1 environment resources in order to maximize the con2 tribution of life-cycle assessments and other design3 for-environment resources to the efficient design, de4 velopment, and use of technologies, and to sustain5 able economic development.

6 (2) IMPLEMENTATION.—In carrying out this

7 subsection, the Director of the Office of Science and

8 Technology Policy or other entity designated by the

9 President shall—

10 (A) ensure that the life-cycle assessment

11 and other design-for-environment resources of

12 each Federal agency are developed and dissemi13 nated in a coordinated fashion, partitioning

14 agency responsibilities where appropriate;

15 (B) coordinate with State and local govern16 ments developing life-cycle assessment and

17 other design-for-environment resources; and

18 (C) consult with industry, professional,

19 nonprofit, and other appropriate private-sector

20 organizations to take into account the life-cycle

21 assessment and other design-for-environment

22 capabilities of the private sector in carrying out

23 this section.

24 (3) OTHER ACTIVITIES.—In carrying out this

25 subsection, the Director of the Office of Science and
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1 Technology Policy or other entity designated by the

2 President shall also encourage appropriate Federal

3 agencies—

4 (A) to collect and disseminate information

5 regarding analytic methods (and, as required,

6 to develop such methods) that will significantly

7 enhance the ability of United States companies

8 and other organizations to evaluate materials

9 extraction, materials conversion, transportation,

10 energy use, end use, recycling, and disposal,

11 and their associated costs and environmental

12 impacts;

13 (B) to utilize, to the fullest extent prac14 ticable, existing networks and supporting

15 databases which provide access to publicly avail16 able information that will facilitate the use of

17 life-cycle assessments and other design-for-envi18 ronment resources;

19 (C) to sponsor demonstrations for public

20 policy and business decisionmakers of the effec21 tive use of life-cycle assessment and other de22 sign-for-environment data and methods de23 scribed in this section; and

24 (D) to ensure that private-sector life-cycle

25 assessment and other design-for-environment
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1 capabilities are, and continue to be, fully inte2 grated into activities under this section.

3 (4) LIMITATION.—Nothing in this section shall be

4 considered to require the use of life-cycle assessment or

5 other design-for-environment data or methods by any Fed6 eral agency.

7 (c) ANNUAL REVIEW.—The Director of the Office of

8 Science and Technology Policy or other entity designated

9 by the President shall annually submit to the Congress

10 a report containing an evaluation of the life-cycle assess11 ment or other design-for-environment activities of the

12 Federal Government.

13 SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING

14 PROGRAMS.

15 (a) STEVENSON-WYDLER AMENDMENTS.—The Ste16 venson-Wydler Technology Innovation Act of 1980 (15

17 U.S.C. 3701) is amended—

18 (1) in section 2(2), by inserting ‘‘greater envi19 ronmental sustainability,’’ after ‘‘employment oppor20 tunities,’’;

21 (2) in section 3(1), by inserting ‘‘for sustainable

22 economic development’’ after ‘‘stimulate technology’’;

23 (3) in section 4, by adding at the end the fol24 lowing new paragraph:
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1 ‘‘(14) ‘Sustainable economic development’

2 means the integration of environmental and eco3 nomic development concerns leading to continuous

4 and long-term economic development with reduced

5 pollution and the more efficient use of energy and

6 materials.’’;

7 (4) in section 6(a), by inserting ‘‘and sustain8 able economic development in their regions’’ after

9 ‘‘enhance the competitiveness of American busi10 ness’’;

11 (5) in section 6(d), by inserting ‘‘and sustain12 able economic development in their regions’’ after

13 ‘‘enhance the competitiveness of American busi14 nesses’’;

15 (6) in section 7(a), by inserting ‘‘and sustain16 able economic development’’ after ‘‘enhance techno17 logical innovation’’;

18 (7) in section 7(c)(1), by inserting ‘‘sustainable

19 economic development,’’ after ‘‘employment,’’;

20 (8) in section 9(a), by inserting ‘‘and sustain21 able economic development’’ after ‘‘enhance techno22 logical innovation’’; and

23 (9) in section 11(c)(1), by inserting ‘‘and would

24 enhance sustainable economic development’’ after

25 ‘‘commercial applications’’.
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1 (b) NIST AMENDMENTS.—The National Institute of

2 Standards and Technology Act (15 U.S.C. 271) is amend3 ed—

4 (1) in section 1(b)(1), by inserting ‘‘sustainable

5 economic development,’’ after ‘‘improved product re6 liability and manufacturing processes,’’;

7 (2) in section 1, by adding after subsection (b)

8 the following new subsection:

9 ‘‘(c) For purposes of this section, the term ‘sustain10 able economic development’ means the integration of envi11 ronmental and economic development concerns leading to

12 continuous and long-term economic development with re13 duced pollution and the more efficient use of energy and

14 materials.’’; and

15 (3) in section 2(b)(1), by inserting ‘‘to enhance

16 sustainable economic development (as that term is

17 defined in section 1(c)),’’ after ‘‘to improve qual18 ity,’’.

19 (c) TECHNICAL AMENDMENT.—Section 214 of the

20 National Aeronautics and Space Administration Author21 ization Act, Fiscal Year 1989 (42 U.S.C. 2451 note) is

22 amended—

23 (1) by striking ‘‘102(c)’’ and inserting

24 ‘‘102(d)’’; and
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1 (2) by striking ‘‘2451(c)’’ and inserting

2 ‘‘2451(d)’’.

3 (d) NASA AMENDMENTS.—The National Aero4 nautics and Space Act of 1958 (42 U.S.C. 2451 note) is

5 amended—

6 (1) in section 102(d)—

7 (A) by redesignating paragraphs (6), (7),

8 (8), and (9) as paragraphs (7), (8), (9), and

9 (10), respectively; and

10 (B) by inserting after paragraph (5) the

11 following new paragraph:

12 ‘‘(6) The making available to Federal and non13 Federal entities of the United States, technologies

14 that will enhance the sustainable economic develop15 ment of the Nation.’’; and

16 (2) in section 103—

17 (A) by striking ‘‘; and’’ in paragraph (1)

18 and inserting a semicolon;

19 (B) by striking the period at the end of

20 paragraph (2) and inserting ‘‘; and’’; and

21 (C) by adding at the end the following new

22 paragraph:

23 ‘‘(3) the term ‘sustainable economic develop24 ment’ means the integration of environmental and

25 economic development concerns leading to continu-
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1 ous and long-term economic development with re2 duced pollution and the more efficient use of energy

3 and materials.’’.

4 (e) NSF AMENDMENTS.—

5 (1) FUNCTIONS.—Section 3(a) of the National

6 Science Foundation Act of 1950 (42 U.S.C. 1861 et

7 seq.) is amended—

8 (A) in paragraph (6), by striking ‘‘; and’’

9 and inserting a semicolon;

10 (B) in paragraph (7), by striking the pe11 riod and inserting ‘‘; and’’; and

12 (C) by adding at the end the following new

13 paragraph:

14 ‘‘(8) to foster education and research that

15 would promote sustainable economic development

16 nationally and internationally.’’.

17 (2) DEFINITION.—Subsection (g) of section 14

18 of such Act is amended as follows:

19 (A) By striking ‘‘(g) For purposes of this

20 Act, the term’’ and inserting the following:

21 ‘‘(g) For purposes of this Act:

22 ‘‘(1) The term’’.

23 (B) By adding after paragraph (1), as des24 ignated by subparagraph (A) of this paragraph,

25 the following new paragraph:
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1 ‘‘(2) The term ‘sustainable economic develop2 ment’ means the integration of environmental and

3 economic development concerns leading to continu4 ous and long-term economic development with re5 duced pollution and the more efficient use of energy

6 and materials.’’.

7 Subtitle B—Environmental

8 Technology Innovation Initiative

9 SEC. 211. ESTABLISHMENT AND ADMINISTRATION OF INI10 TIATIVE.

11 (a) ESTABLISHMENT.—There is established an inter12 agency Environmental Technologies Innovation Initiative,

13 to be implemented as part of, and consistent with, the

14 overall Federal environmental technology strategy estab15 lished in section 201, to promote the research, develop16 ment, and demonstration of technologies that will contrib17 ute significantly to sustainable economic development. The

18 Administrator shall administer the initiative in collabora19 tion with the heads of other Federal agencies, including

20 the Secretary of Commerce, the Secretary of Energy, the

21 Secretary of Defense, the Director of the National Science

22 Foundation, the Secretary of Agriculture, and the Sec23 retary of Interior, that have substantial capabilities in ad24 vanced technology research and development.
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1 (b) CONDUCT OF INITIATIVE PROGRAMS AND ACTIVI2 TIES.—The initiative referred to in subsection (a) shall in3 clude—

4 (1) the administration and award of the Presi5 dent’s Total Environmental Quality Award estab6 lished under section 24 of the Stevenson-Wydler

7 Technology Innovation Act of 1980 (15 U.S.C. 3701

8 et seq.), as added by section 213, and of the Na9 tional Environmentally Sound Technology Award es10 tablished under section 25 of such Act, as added by

11 section 213;

12 (2) the conduct of the Innovative Environ13 mental Technology Program described in section

14 212, the information activities described in section

15 214, and the environmental technology demonstra16 tion program described in section 215; and

17 (3) the study provided for in section 216.

18 (c) AGREEMENTS WITH OTHER AGENCIES; ASSIST19 ANCE.—

20 (1) IN GENERAL.—To carry out a section re21 ferred to in subsection (b)(2), the Administrator

22 may enter into an agreement with the head of an23 other Federal agency, and enter into contracts and

24 cooperative agreements with, and award grants to,
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1 entities eligible for financial assistance under that

2 section.

3 (2) COMPETITIVE PROCESS.—The Adminis4 trator (or the head of a Federal agency under an

5 agreement under paragraph (1)) shall select propos6 als for financial assistance under a section referred

7 to in subsection (b)(2) solely through a competitive,

8 merit-based evaluation process.

9 (3) INTEGRATION OF INDUSTRY AND OTHER

10 VIEWS.—The Administrator (or the head of a Fed11 eral agency under an agreement under paragraph

12 (1)) shall develop mechanisms for integrating the

13 views of representatives of industry and nonprofit

14 and other appropriate organizations into the process

15 by which proposals for financial assistance under a

16 section referred to in subsection (b)(2) are evaluated

17 and selected.

18 (d) OTHER ASSISTANCE AUTHORIZED.—The Admin19 istrator, in collaboration with the heads of other appro20 priate Federal agencies that have substantial capabilities

21 in advanced technology research and development and as

22 appropriate, may provide an entity receiving financial as23 sistance under a section referred to in subsection (b)(2)

24 with any technical and other assistance, including any

25 equipment and facilities of Federal laboratories (including
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1 the scientists and engineers at those laboratories), nec2 essary to carry out such section.

3 (e) ANNUAL INTERAGENCY PLAN AND REVIEW.—

4 The Administrator, in collaboration with the heads of

5 other appropriate Federal agencies (including the Sec6 retary of Commerce and the Secretary of Energy) and in

7 consultation with representatives of industry, nonprofit,

8 and other appropriate organizations, shall develop a stra9 tegic plan for the programs and activities referred to in

10 subsection (b)(2) as part of, and consistent with, the over11 all Federal environmental technology strategy established

12 in section 201 and shall report to the Congress on the

13 performance of such programs and activities as part of

14 the annual report described in section 201(d). Such report

15 shall include an evaluation of—

16 (1) the success of innovations resulting from

17 such programs and activities; and

18 (2) the nature and extent of participation of so19 cially disadvantaged individuals and economically

20 disadvantaged individuals, as such terms are defined

21 in paragraphs (6)(A) and (5) of section 8(a) of the

22 Small Business Act (15 U.S.C. 637(a)(6)(A),(5)),

23 respectively, including women, including an evalua24 tion of any steps taken to encourage the participa25 tion of such individuals.
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1 (f) ADMINISTRATION.—

2 (1) IN GENERAL.—In administering the pro3 grams and activities referred to in subsection (b)(2),

4 the Administrator shall—

5 (A) monitor the manner in which any tech6 nologies developed as a result of the programs

7 and activities are used, and report periodically

8 to the Congress on the extent of any inter9 national transfer of these technologies;

10 (B) provide for appropriate dissemination

11 of the results of any research conducted under

12 such program and activities; and

13 (C) take any other action the Adminis14 trator considers necessary to carry out the pro15 grams and activities and to avoid unnecessary

16 duplication of effort by Federal agencies.

17 (2) APPLICABILITY OF OTHER LAW.—Para18 graphs (5), (6), (7), (8), and (11) of section 28(d)

19 of the National Institute of Standards and Tech20 nology Act (15 U.S.C. 278n(d)) shall apply to the

21 administration of the programs and activities re22 ferred to in subsection (b)(2).

23 (3) PARTICIPATION OF SOCIALLY AND ECO24 NOMICALLY DISADVANTAGED INDIVIDUALS.—In car25 rying out the sections referred to in subsection
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1 (b)(2), the Administrator shall encourage the par2 ticipation of socially disadvantaged individuals and

3 economically disadvantaged individuals, as such

4 terms are defined in paragraphs (6)(A) and (5) of

5 section 8(a) of the Small Business Act (15 U.S.C.

6 637(a)(6)(A),(5)), respectively, including women.

7 (g) ECONOMICALLY DEPRESSED AREAS.—The Ad8 ministrator, in collaboration with the heads of other ap9 propriate Federal agencies, shall seek to ensure that enti10 ties eligible for assistance under a section referred to in

11 subsection (b)(2) and located in areas determined by the

12 Administrator to have a depressed economy, or a signifi13 cant concentration of defense-related industries, or chron14 ically high unemployment, are notified of the assistance

15 made available under that section and, to the extent prac16 ticable, to encourage and facilitate the participation of

17 such entities in activities for which assistance is provided

18 under that section.

19 (h) LIMITATION ON CONSTRUCTION OF FACILI20 TIES.—The Administrator may not provide financial as21 sistance to an entity under this section for the construc22 tion of facilities.

23 (i) MANAGEMENT.—The Administrator shall pre24 scribe any regulations necessary to carry out each section

25 referred to in subsection (b)(2), including regulations—
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1 (1) prescribing the form, time, and manner in

2 which proposals for financial assistance under such

3 section shall submitted; and

4 (2) providing consideration of in-kind contribu5 tions by a non-Federal Government entity participat6 ing in a program or activity conducted under such

7 section for the purpose of determining the share of

8 the costs of participating in the program or activity

9 that have been or are being undertaken by that en10 tity.

11 SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY

12 PROGRAM.

13 (a) ESTABLISHMENT.—The Administrator, in col14 laboration with the heads of other appropriate Federal

15 agencies (including the Secretary of Commerce, the Sec16 retary of Energy, and the Secretary of Defense), shall con17 duct an interagency innovative environmental technology

18 program to develop or demonstrate advanced

19 precommercial environmental technologies and which, to

20 avoid redundancy and ensure efficiency, will be a part of,

21 and consistent with, the overall Federal environmental

22 strategy established in section 201.

23 (b) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An

24 entity shall be eligible for financial assistance to conduct

25 a demonstration or development project under the pro-
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1 gram established under subsection (a) only if the entity

2 is either a single United States company or a partnership

3 which—

4 (1) includes two or more United States compa5 nies; and

6 (2) may include, as determined appropriate by

7 the Administrator, a Federal laboratory or labora8 tories, United States nonprofit organizations, United

9 States institutions of higher education, agencies of

10 States governments, and other entities that partici11 pate in the partnership by supporting the activities

12 conducted by such companies or corporations under

13 this section.

14 (c) CRITERIA FOR SELECTION OF PROPOSALS.—The

15 Administrator shall give priority consideration to the fol16 lowing criteria in evaluating proposals for financial assist17 ance under this section:

18 (1) Contribution to the priorities established

19 pursuant to section 201(a)(2).

20 (2) Significant improvement in environmental

21 soundness of the production process.

22 (3) Contribution to industrial competitiveness,

23 including new markets, reduced production costs,

24 and enhanced global competitiveness.
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1 (4) Improvement in the environment of the

2 workplace.

3 (5) Applicability to other industrial processes.

4 (6) Improvement in technological capability to

5 recycle complex combinations of materials.

6 (7) Innovative application of post-consumer ma7 terials.

8 (8) Direct application to environmental tech9 nologies needed for United States business and in10 dustry.

11 (9) Other criteria established by the Adminis12 trator.

13 (d) AWARD CONDITIONS.—Financial assistance pro14 vided under this section shall be subject to the following

15 conditions:

16 (1) Such assistance may be made for not more

17 than three years for single United States companies

18 and not more than five years for partnerships.

19 (2) Except as provided in paragraph (3), the

20 Federal Government may provide financial assist21 ance to a partnership under this section in an

22 amount that is not more than a minority share of

23 the cost of the project conducted by the partnership.
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1 (3) The Federal share of the cost of a project

2 conducted by a partnership under this section may

3 exceed the limitation described in paragraph (2) if—

4 (A) the partnership is composed entirely of

5 small business concerns; or

6 (B) the Administrator determines that it

7 would be appropriate under the circumstances

8 and would serve the purpose of the program to

9 provide more than a minority cost-share of the

10 project conducted by the partnership.

11 (4) The Administrator has determined that—

12 (A) an applicant for any such assistance

13 has made reasonable efforts to obtain non-Fed14 eral funding for the Federal cost share sought

15 to be received under this section; and

16 (B) such non-Federal funding could not be

17 reasonably obtained.

18 (5) Each project under this section shall be car19 ried out under such terms and conditions as the Ad20 ministrator shall require to ensure the protection of

21 human health and the environment.

22 (e) EVALUATION.—As part of the annual evaluation

23 referred to in section 211(e), the Administrator shall con24 duct an evaluation of—
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1 (1) the extent to which technologies developed

2 pursuant to the program established under sub3 section (a) are used;

4 (2) the contribution of such technologies to re5 duced pollution and the more efficient use of energy

6 and materials; and

7 (3) the contribution of such technologies to eco8 nomic development.

9 (f) RECOUPMENT.—

10 (1) IN GENERAL.—Not later than 180 days

11 after the date of the enactment of this Act, the Ad12 ministrator shall establish procedures and criteria

13 for recoupment in connection with any project, for

14 which financial assistance is provided under this sec15 tion, which has led to the development of a product

16 or process which is marketed or used.

17 (2) REQUIREMENT AS CONDITION FOR

18 AWARD.—

19 (A) IN GENERAL.—Except as provided in

20 subparagraph (B), such recoupment shall be re21 quired as a condition for the provision of finan22 cial assistance under this section, shall be pro23 portional to the Federal share of the cost of the

24 project, and shall be derived from the proceeds
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1 of royalties or licensing fees received in connec2 tion with such product or process.

3 (B) EXCEPTION.—In the case of a product

4 or process which is used by the recipient of fi5 nancial assistance under this section for the

6 production and sale of its own products or proc7 esses, the recoupment shall consist of a pay8 ment equivalent to the payment which would be

9 made under subparagraph (A).

10 (3) WAIVER.—The Administrator may at any

11 time waive or defer all or some of the recoupment

12 requirements of this subsection as necessary, de13 pending on—

14 (A) the commercial competitiveness of the

15 entity or entities developing or using the prod16 uct or process;

17 (B) the profitability of the project; and

18 (C) the commercial viability of the product

19 or process used.

20 SEC. 213. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

21 AWARD AND THE NATIONAL ENVIRON22 MENTALLY SOUND TECHNOLOGY AWARD.

23 (a) FINDINGS.—The Congress finds the following:

24 (1) Award programs such as the Malcolm

25 Baldrige National Quality Award Program have
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1 made substantial contributions to private enterprise

2 by providing a framework upon which organizations

3 can improve their operations and by focusing on is4 sues important to their competitiveness.

5 (2) A President’s Total Environmental Quality

6 Award Program modeled on the Malcolm Baldrige

7 National Quality Award Program would contribute

8 to environmental quality and sustainable economic

9 development by—

10 (A) helping to stimulate United States

11 companies to research, develop, and dem12 onstrate environmental technologies;

13 (B) recognizing the achievements of such

14 companies which successfully research, develop,

15 and demonstrate environmental technologies;

16 and

17 (C) establishing guidelines and criteria

18 that can be used by business, industrial, gov19 ernmental, and other organizations in evaluat20 ing their own research, development, and dem21 onstration of environmental technologies.

22 (b) PURPOSE.—It is the purpose of this section to

23 provide for the establishment and conduct of a President’s

24 Total Environmental Quality Award Program and a Na25 tional Environmentally Sound Technology Award Pro-
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1 gram under which awards are given to recognize the suc2 cessful research, development, and demonstration of envi3 ronmental technologies, and information is disseminated

4 about such success.

5 (c) ESTABLISHMENT OF AWARDS.—The Stevenson6 Wydler Technology Innovation Act of 1980 (15 U.S.C.

7 3701 et seq.) is amended by inserting after section 23 the

8 following new sections:

9 ‘‘SEC. 24. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

10 AWARD.

11 ‘‘(a) ESTABLISHMENT.—There is hereby established

12 the President’s Total Environmental Quality Award (in

13 this section referred to as the ‘Award’).

14 ‘‘(b) DESIGN.—The Award shall be evidenced by a

15 medal bearing the inscription ‘President’s Total Environ16 mental Quality Award’.

17 ‘‘(c) AWARD SELECTION PROCESS.—The Secretary,

18 in collaboration with the Secretary of Energy, the Admin19 istrator of the Environmental Protection Agency, and the

20 Secretary of Defense, shall establish a process for the ac21 ceptance and evaluation of Award applicants. The Sec22 retary shall, to the extent practicable, refer to the proce23 dures used in the administration of the Malcolm Baldrige

24 National Quality Award, including the definition of award

25 categories, the delegation of responsibilities, and provi-
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1 sions for publicity, evaluation feed-back, and information

2 transfer, as a model for the President’s Total Environ3 mental Quality Award.

4 ‘‘(d) PRESENTATION OF AWARD.—

5 ‘‘(1) RECOMMENDATIONS BY SECRETARY.—The

6 Secretary shall submit to the President, and make

7 available to the public, the recommendations of the

8 Secretary for the selection of Award applicants.

9 ‘‘(2) SELECTION BY THE PRESIDENT.—On the

10 basis of recommendations received under paragraph

11 (1), the President shall periodically select for receipt

12 of the Award United States companies and other or13 ganizations which in the judgment of the President

14 have substantially benefited the environmental, eco15 nomic, and social well-being of the United States

16 through the research, development, and demonstra17 tion of environmental technologies and the effective

18 integration of environmental concerns into its oper19 ations and management, and which as a consequence

20 are deserving of special recognition.

21 ‘‘(3) PRESENTATION CEREMONY.—The Presi22 dent or the Vice President shall present the Award

23 to recipients selected under paragraph (2) with such

24 ceremony as the President or the Vice President

25 considers to be appropriate.
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1 ‘‘(e) LIMITATION.—The information gathered in eval2 uating Award applications may be used only for the eval3 uation of such applications and for publicity by winners

4 of the Award. Such information may not be used for regu5 latory or compliance purposes.

6 ‘‘(f) EVALUATION CRITERIA.—Criteria for evaluating

7 Award applications shall include the following:

8 ‘‘(1) The effectiveness of the organization’s de9 velopment and demonstration of environmental tech10 nologies, as well as the organization’s provision for

11 environmental technologies in its future plans.

12 ‘‘(2) The effectiveness of the integration of en13 vironmental concerns into the operations and man14 agement of the organization.

15 ‘‘(3) The effectiveness of energy and materials

16 use from the perspective of the life-cycle of the pro17 duction, use, recycle, and disposal of a product.

18 ‘‘(4) The effective use of an integrated ap19 proach to pollution prevention and control that con20 siders all environmental media (liquid, solid, gase21 ous).

22 ‘‘(5) The overall environmental performance of

23 the organization, including environmental compli24 ance.
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1 ‘‘(g) FUNDING.—The Secretary may seek and accept

2 gifts from public and private sources (and may, subject

3 to annual appropriations, use such gifts) to carry out this

4 section. The Secretary shall annually make available to the

5 public a list of any such gifts and the sources of the gifts.

6 The Secretary may provide for the imposition of a fee

7 upon the organizations applying for the Award.

8 ‘‘(h) REPORT.—Not later than 3 years after the date

9 of the enactment of the Environmental Technologies Act

10 of 1994 and biennially thereafter, the Secretary shall sub11 mit to the President and the Congress a report on the

12 progress made in carrying out this section, including a re13 port on any indications that the Award has influenced the

14 practices of United States companies and other organiza15 tions. The report shall include any recommendations of

16 the Secretary for any modifications of the Award the Sec17 retary considers necessary.

18 ‘‘SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECH19 NOLOGY AWARD.

20 ‘‘(a) ESTABLISHMENT.—There is established a Na21 tional Environmentally Sound Technology Award for the

22 purpose of awarding individuals who have pioneered the

23 development and use of highly innovative environmental

24 technologies within the meaning of section 104(3) of the

25 Environmental Technologies Act of 1994.
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1 ‘‘(b) ADMINISTRATION.—Using the authority and

2 procedures established in section 24 and subject to the

3 conditions described in this section, the Secretary, in col4 laboration with the Administrator of the Environmental

5 Protection Agency and the Secretary of Energy, shall re6 ceive and evaluate applications for the National Environ7 mentally Sound Technology Award and provide for presen8 tation of such Award.

9 ‘‘(c) QUALIFIED TECHNOLOGIES.—Technologies that

10 qualify for such Award may include the following:

11 ‘‘(1) Manufacturing technologies.

12 ‘‘(2) Industrial or consumer products.

13 ‘‘(3) Consumer services.

14 ‘‘(4) Recycling technologies.

15 ‘‘(5) Pollution monitoring and control tech16 nologies.

17 ‘‘(6) Pollution remediation technologies.

18 ‘‘(7) Other technologies as appropriate.

19 ‘‘(d) QUALIFIED APPLICANTS.—Any citizen or per20 manent resident of the United States may qualify for such

21 Award. Any such individual who is employed by or other22 wise works for a business, Federal laboratory, or other or23 ganization may qualify for such Award only if the individ24 ual was substantially involved in the invention or innova25 tion for which such Award is presented.
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1 ‘‘(e) LIMITATION.—Not more than five such Awards

2 may be presented annually.

3 ‘‘(f) REPORT.—Not later than 2 years after the date

4 of the enactment of the Environmental Technologies Act

5 of 1994 and biennially thereafter, the Secretary shall sub6 mit to the Congress a report on the progress made in car7 rying out this section. The report shall contain an evalua8 tion of the performance of such Award, including an as9 sessment of the extent to which the public recognizes such

10 Award and such Award encourages innovation of environ11 mental technologies.’’.

12 SEC. 214. INCORPORATION OF INFORMATION ON ENVIRON13 MENTAL TECHNOLOGIES INTO EXISTING

14 NETWORKS.

15 (a) IN GENERAL.—Not later than one year after the

16 date of the enactment of this Act, the Administrator,

17 through the Office of Research and Development of the

18 Environmental Protection Agency and in collaboration

19 with the Under Secretary for Technology of the Depart20 ment of Commerce and the heads of any other appropriate

21 Federal agencies, shall, to the maximum extent prac22 ticable, use existing information network capabilities of

23 the Federal Government as part of, and consistent with,

24 the overall Federal environmental technology strategy es25 tablished in section 201 to provide coordinated access to
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1 data on environmental technologies or protocols developed,

2 tested, verified, or certified under programs established by

3 this Act, and by other appropriate Federal and non-Fed4 eral sources. Such data shall include—

5 (1) information on—

6 (A) activities carried out under this Act

7 and the amendments made by this Act;

8 (B) performance standards regarding envi9 ronmental technologies;

10 (C) significant international developments

11 in environmental technologies, fully coordinat12 ing with other international technology informa13 tion programs of the Federal Government; and

14 (D) cost-effectiveness and performance of

15 environmental technologies; and

16 (2) other information determined by the Admin17 istrator to be of substantial value in promoting the

18 research, development, and demonstration of envi19 ronmental technologies.

20 (b) USE OF EXISTING RESOURCES.—In carrying out

21 this section, the Administrator shall, to the maximum ex22 tent practicable—

23 (1) use existing public and private sector infor24 mation providers and carriers; and
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1 (2) coordinate with the heads of other appro2 priate Federal agencies to make data described in

3 subsection (a) accessible through appropriate

4 database systems of those Federal agencies.

5 (c) OUTREACH.—The Administrator, through the Of6 fice of Research and Development of the Environmental

7 Protection Agency and in collaboration with the Under

8 Secretary for Technology of the Department of Commerce

9 and the heads of any other appropriate Federal agencies,

10 shall conduct outreach efforts to advertise, deliver, and

11 disseminate the information made available pursuant to

12 subsection (a). As part of such efforts, the Administrator

13 shall consult with United States industrial associations

14 and take appropriate action to ensure access to such infor15 mation by industrial assistance organizations and pro16 grams supported by a State or local government, a non17 profit organization in which a State or local government

18 is a member, an institution of higher education designated

19 by a State or local government, a manufacturing extension

20 and outreach service or regional technical assistance serv21 ice approved by the Federal Government, or a Federal lab22 oratory.

23 (d) EVALUATION AND REPORT.—As part of the an24 nual evaluation referred to in section 211(e), the Adminis-
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1 trator shall conduct an evaluation of the extent to which

2 the data provided pursuant to this section are used.

3 SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRON4 MENTAL TECHNOLOGY DEMONSTRATION.

5 (a) ESTABLISHMENT.—The Administrator shall es6 tablish a program, in collaboration with the heads of ap7 propriate Federal agencies (including the Secretary of En8 ergy, the Secretary of Commerce, and the Secretary of De9 fense) as part of, and consistent with, the overall Federal

10 environmental technology strategy established in section

11 201, to demonstrate the performance of environmental

12 technologies at Federal laboratories and other Federal fa13 cilities.

14 (b) QUALIFYING TECHNOLOGY DEMONSTRATION

15 PROJECTS.—Technologies that qualify for demonstration

16 under such program include—

17 (1) environmental technologies that can be ap18 plied to a major pollution control or remediation

19 need at a Federal laboratory or other Federal facil20 ity;

21 (2) environmental technologies the development

22 of which would be significantly advanced by unique

23 facilities or capabilities of a Federal laboratory or

24 other Federal facility; and
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1 (3) other environmental technologies that have

2 significant potential as an environmental technology

3 that will contribute to sustainable economic develop4 ment or that will make a significant contribution to

5 the cleanup of communities significantly affected by

6 pollution.

7 (c) ADMINISTRATION.—As part of the program estab8 lished under this section, the Administrator—

9 (1) may enter into a cooperative agreement

10 with any other Federal agency to make available, as

11 appropriate, any expertise, site, or facility under the

12 jurisdiction of such agency to an eligible entity

13 under subsection (d) for the purpose of demonstrat14 ing the performance of an environmental technology;

15 (2) shall establish application procedures for an

16 eligible entity under subsection (d) to apply to dem17 onstrate an environmental technology at an available

18 site or facility, including—

19 (A) provisions for sharing the cost of dem20 onstrating the technology with an applicant

21 that limit the Federal share of the cost to not

22 more than 50 percent of the total cost of dem23 onstrating the technology; and

24 (B) provisions that provide special consid25 eration of the needs of small business concerns;
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1 (3) shall establish criteria for verification of the

2 efficacy of demonstrated environmental technologies;

3 (4) shall establish specific procedures for the

4 management and oversight of demonstration activi5 ties conducted under this section;

6 (5) shall, pursuant to section 214, in consulta7 tion and collaboration with other Federal agencies,

8 and consistent with the Federal environmental tech9 nology strategy established in section 201, make

10 available for entities eligible under subsection (d) in11 formation regarding—

12 (A) the facilities and expertise available at

13 Federal laboratories that would be valuable to

14 the demonstration of environmental tech15 nologies; and

16 (B) sites at Federal laboratories or other

17 Federal facilities potentially available for dem18 onstrating environmental technologies, charac19 terized by specific site characteristics, including

20 site geology and site contaminants where appro21 priate;

22 (6) shall document the performance and cost

23 characteristics of each environmental technology

24 demonstrated pursuant to this section; and
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1 (7) shall list and disseminate, pursuant to sec2 tion 214, nonproprietary information regarding the

3 performance and cost characteristics of the environ4 mental technologies demonstrated pursuant to this

5 section.

6 (d) ENTITIES ELIGIBLE FOR PARTICIPATION.—Enti7 ties eligible to carry out a demonstration project as part

8 of the program established under subsection (a) are Unit9 ed States companies (including small business concerns),

10 United States nonprofit organizations, United States in11 stitutions of higher education, and other entities that the

12 Administrator considers appropriate.

13 (e) PROGRAM EVALUATION AND REPORTING.—In the

14 report required by section 211(e), the Administrator shall

15 evaluate the performance of the program established

16 under this section, including an evaluation and statement

17 of—

18 (1) the number of environmental technologies

19 demonstrated and the type of problems addressed;

20 (2) the Federal and non-Federal financial re21 sources committed to the program; and

22 (3) the extent to which technologies dem23 onstrated pursuant to this section are used.

24 (f) SAVINGS PROVISION.—Nothing in this section

25 shall be construed to supersede any other provision of law
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1 that provides authority to a Federal agency to dem2 onstrate environmental technologies. Technologies eligible

3 for demonstration under this section that are also eligible

4 for demonstration at sites under section 311(b) of the

5 Comprehensive Environmental Response, Compensation,

6 and Liability Act of 1980 (42 U.S.C. 9660(b)) shall be

7 subject to the limitations and requirements of that section.

8 Demonstration projects and activities under this section

9 shall not alter or interfere with the conduct or expeditious

10 completion of response actions at facilities proposed for

11 or listed on the National Priorities List.

12 SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN

13 ENVIRONMENTAL TECHNOLOGIES.

14 (a) STUDY.—The Administrator shall enter into an

15 agreement with the National Research Council to conduct

16 a study of the influences on technological innovation in

17 environmental technologies of economic, governmental,

18 competitive, financial, and other incentives and barriers.

19 (b) REPORT.—The Administrator shall include in the

20 agreement referred to in subsection (a) a requirement that

21 the National Research Council complete a report describ22 ing the results of the study referred to in such subsection

23 not later than two years after the date of the enactment

24 of this Act. The report shall identify specific incentives

25 for and barriers to technological innovation and describe
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1 the reasons for the positive or negative influences identi2 fied. The Administrator shall submit the report to the

3 Congress within 30 days after receiving the report from

4 the National Research Council. Nothing in this section

5 may be construed as authorizing the reprogramming of

6 funds for such an agreement.

7 SEC. 217. DISCLAIMER.

8 Nothing in this Act, or the amendments made by this

9 Act, shall be construed by the Administrator or the Sec10 retary of Energy, or any officer or employee of the Envi11 ronmental Protection Agency or the Department of En12 ergy, or by any court as altering, affecting, supplanting,

13 modifying, or changing, directly or indirectly, any law

14 which on the day before the date of the enactment of this

15 Act referred to, and provided authorities or responsibilities

16 for, or was administered by, the Environmental Protection

17 Agency or the Department of Energy or the Administrator

18 of the Environmental Protection Agency or the Secretary

19 of Energy.

20 Subtitle C—Other Research

21 Activities

22 SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING

23 RESEARCH.

24 (a) IN GENERAL.—The Director of the National

25 Science Foundation shall take appropriate actions to sup-
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1 port research activities that will advance the integration

2 of engineering practices and environmental protection in

3 the development of advanced technologies.

4 (b) INTERAGENCY COLLABORATION.—The Director

5 of the National Science Foundation shall collaborate with

6 the heads of other appropriate Federal agencies, including

7 the Administrator, in carrying out this section.

8 (c) INTEGRATION OF INFORMATION.—The Director

9 of the National Science Foundation shall, to the maximum

10 extent practicable, provide for the dissemination of infor11 mation developed as a result of the research activities re12 ferred to in subsection (a) through education activities of

13 the Foundation and through the information dissemina14 tion activities developed pursuant to section 214.

15 TITLE III—PERFORMANCE

16 MEASUREMENTS

17 SEC. 301. PERFORMANCE MEASUREMENTS.

18 (a) AUTHORIZATION.—The Secretary of Commerce,

19 through the Director of the National Institute of Stand20 ards and Technology, in collaboration with the Adminis21 trator and the heads of other appropriate Federal agen22 cies, in consultation with non-Federal standards organiza23 tions, and as part of, and consistent with, the overall Fed24 eral environmental technology strategy established in sec-
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1 tion 201, shall establish a program to support the clari2 fication of measurements of performance—

3 (1) for environmental technologies (not includ4 ing technologies primarily intended to improve the

5 quality of the environment through pollution control,

6 pollution remediation, pollution monitoring, and dis7 posal), to clarify performance and substitutability

8 for conventional technologies and for the fair evalua9 tion of performance claims regarding such environ10 mental technologies; and

11 (2) to develop appropriate standard reference

12 materials required to implement paragraph (1).

13 (b) EXISTING NON-FEDERAL PROGRAMS.—In devel14 oping the program established in subsection (a), the Direc15 tor of the National Institute of Standards and Technology

16 shall, to the maximum extent practicable, coordinate ef17 forts under such program with existing non-Federal stand18 ards activities that affect the environmental technologies

19 covered by subsection (a)(1).

20 (c) COORDINATION WITH OTHER FEDERAL AGEN21 CIES.—The Secretary of Commerce, through the Director

22 of the National Institute of Standards and Technology,

23 shall coordinate with the heads of other appropriate Fed24 eral agencies to ensure, to the maximum extent prac25 ticable, the use of the best available scientific and tech-
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1 nical information in the evaluation of environmental per2 formance claims by such agencies.

3 (d) GLOSSARY OF TERMS.—The Secretary of Com4 merce, through the Director of the National Institute of

5 Standards and Technology, shall work with the heads of

6 appropriate Federal agencies and private-sector standards

7 organizations to facilitate the development and mainte8 nance of a glossary of standard definitions of terms used

9 in the evaluation of environmental performance claims.

10 (e) INTERNATIONAL HARMONIZATION.—The Sec11 retary of Commerce, through the Director of the National

12 Institute of Standards and Technology, shall work with

13 domestic and international standards organizations to en14 sure harmonization of domestic performance measure15 ments with international performance measurements con16 sistent with applicable Federal and State laws.

17 SEC. 302. VERIFICATION OF ENVIRONMENTAL TECH18 NOLOGIES.

19 (a) DESIGNATION OF ENTITIES TO PERFORM ENVI20 RONMENTAL TECHNOLOGY VERIFICATION.—The Admin21 istrator may, in accordance with this section and as part

22 of, and consistent with, the overall Federal environmental

23 technology strategy developed in section 201, designate

24 entities to perform the functions described in paragraphs

25 (1) through (3) of subsection (b). The Administrator may
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1 enter into joint agreements with Federal agencies, State

2 and local governments, and nonprofit, private-sector rep3 resentatives to support entities designated by the Adminis4 trator under this section.

5 (b) FUNCTIONS.—Each entity designated under sub6 section (a)—

7 (1) shall verify, evaluate, and, to the maximum

8 extent practicable, certify the performance, cost-ef9 fectiveness, and ecological benefits of environmental

10 technologies;

11 (2) shall disseminate information on the charac12 teristics referred to in paragraph (1), including in13 formation that describes whether each environmental

14 technology evaluated and verified—

15 (A) meets the performance criteria of ap16 plicable law (including regulations issued by the

17 Administrator) under tested conditions at com18 parable or lower costs than other existing envi19 ronmental technologies; and

20 (B) constitutes a significant advance in the

21 development of environmental technologies with

22 broad applicability;

23 (3) shall submit to the Administrator data and

24 other information compiled by the entity with re-
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1 spect to each environmental technology verified and

2 evaluated by the entity under this section; and

3 (4) may use support provided under this section

4 to develop technologies necessary for effective ver5 ification and evaluation under paragraph (1) and

6 may charge appropriate fees for such verification

7 and evaluation.

8 (c) REVIEW BY ADMINISTRATOR.—After receiving

9 data and other information from an entity designated

10 under subsection (a) with respect to an environmental

11 technology under subsection (b)(1), the Administrator

12 shall conduct appropriate review of the data, other infor13 mation, and protocols developed by such entity with re14 spect to such technology.

15 (d) ADMINISTRATION.—In carrying out this section,

16 the Administrator shall—

17 (1) by rule establish competitive procedures for

18 soliciting applications for and selecting, pursuant to

19 criteria referred to in subsection (e), entities to per20 form functions described in subsection (b) and, as

21 appropriate, designate model entities;

22 (2) by rule establish eligibility criteria for enti23 ties to be designated under this section;

24 (3) in collaboration with the heads of other ap25 propriate Federal agencies, including the Director of
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1 the National Institute of Standards and Technology,

2 certify, and as appropriate, develop common proto3 cols to evaluate the cost and performance of environ4 mental technologies;

5 (4) make generally available through guidance

6 manuals or other appropriate methods information

7 regarding testing protocols for environmental tech8 nologies and establish a regular process for approv9 ing and updating such protocols;

10 (5) ensure that information regarding environ11 mental technologies verified and evaluated under this

12 program is disseminated pursuant to section 214;

13 (6) develop mechanisms to facilitate the ver14 ification of—

15 (A) environmental technologies developed

16 or demonstrated by small business concerns,

17 nonprofit organizations, and United States in18 stitutions of higher education; and

19 (B) environmental technologies that pro20 vide source reduction; and

21 (7) consult with the heads of other Federal

22 agencies to make available, through cooperative

23 agreements with the entities designated under this

24 section, sources and expertise of Federal laboratories
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1 for use by such entities in performing the functions

2 described in subsection (b).

3 (e) SELECTION CRITERIA.—The Administrator, in

4 consultation with the heads of other Federal agencies,

5 State and local governments, and private sector organiza6 tions, shall select entities under this section based on the

7 following criteria:

8 (1) The capabilities of the applicant to provide

9 a thorough and credible technical and financial eval10 uation of environmental technologies.

11 (2) The clarity and efficiency of the proposed

12 procedures for the receipt and review of applications

13 for technology verification.

14 (3) The likelihood of the continued viability of

15 the entity.

16 (4) The existence of a plan for disseminating

17 nonproprietary information regarding technologies

18 verified by the entity.

19 (5) Other criteria that the Administrator con20 siders appropriate.

21 (f) MERIT-BASED SELECTION PROCESS.—Entities

22 supported under this section shall be selected only through

23 a merit-based selection process, established by the Admin24 istrator, pursuant to the criteria described in subsection

25 (e).
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1 (g) AUTHORITY OF ADMINISTRATOR.—The Adminis2 trator may, consistent with applicable provisions of law

3 and this section, enter into cooperative agreements and

4 contracts to carry out this section.

5 (h) DIRECT VERIFICATION.—If the Administrator

6 determines that entities designated under this section can7 not adequately verify the performance of environmental

8 technologies because of scale or complexity, the Adminis9 trator may, consistent with applicable provisions of law

10 and this section, enter into direct agreements to verify the

11 performance of such technologies.

12 (i) REVIEW.—

13 (1) IN GENERAL.—Any action by the Adminis14 trator to verify or evaluate a technology (or to re15 view a verification or evaluation) under this section

16 shall not constitute a final action by the Adminis17 trator and shall not be subject to judicial review.

18 (2) FAILURE TO COMPLY.—If a technology veri19 fied, evaluated, or reviewed pursuant to this section

20 fails to comply with any applicable law (including

21 regulations issued by the Administrator), the ver22 ification, evaluation, or confirmation shall not con23 stitute a defense in an enforcement action or suit

24 and shall not create a cause of action against the

25 Environmental Protection Agency.
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1 (3) DISCLAIMER.—Nothing in this section may

2 be construed to authorize the Administrator to grant

3 a seal of approval of any kind for any entity or tech4 nology, to create any competitive advantage or dis5 advantage for any entity, to authorize the Adminis6 trator to require any person to install or use any

7 technology pursuant to any program administered by

8 the Environmental Protection Agency, or to des9 ignate any technology as meeting a regulatory re10 quirement.

11 (j) REPORT.—The Administrator, in consultation

12 with the heads of other appropriate Federal agencies, and

13 industry, nonprofit, and other appropriate organizations,

14 shall annually submit to the Congress a report that evalu15 ates the implementation of this section. The report shall

16 include a description of the technologies verified pursuant

17 to this section, the number of the technologies verified,

18 and the extent of their use.

19 SEC. 303. USE OF CERTAIN ENVIRONMENTAL TECH20 NOLOGIES BY THE FEDERAL GOVERNMENT.

21 (a) ESTABLISHMENT.—In any program of the Presi22 dent for evaluating, prioritizing, and approving the pur23 chase by the Federal Government of environmental tech24 nologies, the President shall, consistent with applicable

25 procurement laws, consider for such program any per-
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1 formance measurements for environmental technologies as

2 may have been developed by the Secretary of Commerce

3 pursuant to section 301(a).

4 (b) REPORT.—Within one year after the date of the

5 enactment of this Act and annually thereafter, the Presi6 dent shall submit to the Congress a report describing the

7 progress made in carrying out this section and plans for

8 carrying out this section for the three years immediately

9 following the year in which the report is submitted.

10 TITLE IV—DEPARTMENT OF EN11 ERGY ENVIRONMENTAL

12 TECHNOLOGY DEVELOPMENT

13 SEC. 401. ENVIRONMENTAL RESTORATION AND WASTE

14 MANAGEMENT TECHNOLOGY DEVELOPMENT.

15 (a) PROGRAM.—The Secretary of Energy (in this title

16 referred to as the ‘‘Secretary’’) shall conduct programs of

17 research, development, and demonstration on—

18 (1) new and improved technologies for environ19 mental restoration and waste management (includ20 ing waste minimization);

21 (2) training for environmental technicians, engi22 neers, and scientists; and

23 (3) technologies for reducing worker exposure

24 to radioactivity in association with site remediation.
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1 In carrying out this section, the Secretary shall appro2 priately consider the strategic plan submitted under sec3 tion 201.

4 (b) IMPLEMENTATION AUTHORITY.—In implement5 ing this section, the Secretary may award grants to, and

6 enter into contracts, cooperative agreements, and other

7 appropriate arrangements with institutions of higher edu8 cation, industry, the National Laboratories, and other

9 Federal agencies.

10 (c) COORDINATION WITH INITIATIVE.—The Sec11 retary shall ensure that the activities conducted pursuant

12 to this section are appropriately coordinated with the ac13 tivities conducted pursuant to the Environmental Tech14 nologies Innovation Initiative established under section

15 211.

16 (d) COORDINATION WITH CERTAIN OTHER ACTIVI17 TIES.—The Secretary shall coordinate activities under this

18 section with activities conducted by the Secretary of Labor

19 under the new technology program referred to in section

20 126(b)(9) of the Superfund Amendment and Reauthoriza21 tion Act of 1986 and by the hazardous substance research

22 development and demonstration centers established pursu23 ant to subsections (l) and (o) of section 118 of such Act.

24 Nothing in this section may be construed to affect the obli-
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1 gation of the Secretary of Energy to comply with section

2 126 of such Act.

3 SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.

4 (a) ESTABLISHMENT.—The Secretary shall establish

5 a program to demonstrate the technological and economic

6 feasibility of recycling and reusing radioactively

7 uncontaminated and decontaminated metals and equip8 ment, and of other waste minimization techniques. Under

9 the program, the Secretary shall analyze the extent to

10 which sufficient private sector commitment to provide de11 contamination services and to purchase uncontaminated

12 and decontaminated metals and equipment either exists

13 or can be generated to support such a program of recy14 cling and reuse.

15 (b) SCOPE.—The demonstration program established

16 under subsection (a) shall provide for the recycling and

17 reuse of the metals and equipment at a minimum of 3

18 National Laboratories or former nuclear weapons produc19 tion facilities, and shall be of sufficient scope, and shall

20 include an appropriate variety of materials, to dem21 onstrate the feasibility of recycling and reusing radio22 actively uncontaminated and decontaminated metals and

23 equipment at all National Laboratories and former nu24 clear weapons production facilities. Such demonstration

25 program shall be carried out for a period of 3 years.
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1 (c) DECONTAMINATION TECHNOLOGIES.—In the

2 course of carrying out the demonstration program, the

3 Secretary shall seek to promote the development of decon4 tamination technologies.

5 (d) IMPLEMENTATION AUTHORITY.—In implement6 ing this section, the Secretary may award grants to, and

7 enter into contracts, cooperative agreements, and other

8 appropriate arrangements with institutions of higher edu9 cation, industry, the National Laboratories, and other

10 Federal agencies.

11 (e) WASTE STORAGE CONTAINERS.—As part of the

12 demonstration program, the Secretary shall seek to dem13 onstrate the technological and economic feasibility of using

14 only materials owned by the Department of Energy on the

15 date of enactment of this Act for containers to store or

16 dispose of radioactively contaminated metals and equip17 ment.

18 (f) REPORTS TO CONGRESS.—

19 (1) REQUIREMENT.—The Secretary shall—

20 (A) annually during the course of the dem21 onstration program established under this sec22 tion, report to the Congress on the progress

23 made in the previous year under such program;

24 and
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1 (B) within 6 months after the completion

2 of such demonstration program, transmit a

3 final report to the Congress on the results of

4 the program.

5 (2) CONTENTS OF FINAL REPORT.—The report

6 required under paragraph (1)(B) shall include—

7 (A) the findings of the Secretary on the

8 success of the demonstration program at

9 achieving its purposes under this section;

10 (B) a comparison of recycling and reusing

11 radioactively contaminated metals and equip12 ment with the alternative of containing and dis13 posing of such metals and equipment;

14 (C) the quantitative assessment described

15 in paragraph (3) of this subsection; and

16 (D) a proposal, including any recommenda17 tions for necessary legislation, for expanding

18 the demonstration program to cover radio19 actively uncontaminated and decontaminated

20 metals and equipment at all National Labora21 tories and former nuclear weapons production

22 facilities.

23 (3) QUANTITATIVE ASSESSMENT.—To enable

24 the Secretary to carry out paragraph (2)(D), the

25 Secretary shall develop a quantitative estimate of—
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1 (A) all metals and equipment owned by the

2 Department at the National Laboratories and

3 former nuclear weapons production facilities

4 that are not radioactively contaminated and

5 that are suitable for resale or recycling;

6 (B) all metals and equipment owned by the

7 Department at the National Laboratories and

8 former nuclear weapons production facilities

9 that have been radioactively contaminated but

10 can be recycled or reused by the Department;

11 and

12 (C) all metals and equipment owned by the

13 Department at the National Laboratories and

14 former nuclear weapons production facilities

15 that have been radioactively contaminated but

16 can be decontaminated and may be appropriate

17 for sale to the public.

18 (4) FACTORS IN COMPARISON.—In making the

19 comparison required under paragraph (2)(B), the

20 Secretary shall consider the full life cycle costs of

21 each alternative, including revenues or savings real22 ized and the costs of treatment, containment, stor23 age, disposal, monitoring, and replacement. Disposal

24 costs shall be calculated on the basis of the costs of

25 such disposal to commercial disposal companies.
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1 SEC. 403. FUNDING AND AUTHORIZATION.

2 (a) RESEARCH AND DEVELOPMENT FUNDING.—The

3 Secretary shall incrementally increase the proportion of

4 the annual budget request for the Environmental Restora5 tion and Waste Management program that is attributable

6 to research and development until such proportion is at

7 least 10 percent, except that the Secretary shall ensure

8 that an increase under this subsection does not affect

9 other programs and activities of the Department of En10 ergy. This subsection shall apply to budget requests begin11 ning with the budget request for the 2nd fiscal year that

12 begins after the date of the enactment of this Act.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Of those

14 funds requested under subsection (a) and made available

15 for the Environmental Restoration and Waste Manage16 ment program that are attributable to research and devel17 opment, there are authorized to be appropriated—

18 (1) $10,000,000 for fiscal year 1995; and

19 (2) $11,500,000 for fiscal year 1996,

20 for nondefense research and development activities of the

21 Office of Technology Development, including the advanced

22 robotics program, for the development of safer, less expen23 sive, and more efficient environmental restoration and

24 waste management technologies.
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1 SEC. 404. COORDINATION.

2 The Secretary shall, where appropriate, coordinate

3 the implementation of this title with the implementation

4 of sections 212 and 215 of this Act.

5 TITLE V—AUTHORIZATION OF

6 APPROPRIATIONS

7 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

8 (a) IN GENERAL.—Except as provided in subsection

9 (b), there is hereby authorized to be appropriated for fiscal

10 years 1995 and 1996 such sums as may be necessary to

11 carry out this Act and the amendments made by this Act.

12 (b) ENVIRONMENTAL TECHNOLOGIES INNOVATION

13 INITIATIVE.—There is hereby authorized to be appro14 priated to carry out the Environmental Technologies Inno15 vation Initiative established in subtitle B of title II the

16 following:

17 (1) For fiscal year 1995, $80,000,000, of which

18 $500,000 is authorized to be appropriated for the

19 President’s Total Environmental Quality Award es20 tablished in section 213 for fiscal year 1995 and

21 $700,000 is authorized to be appropriated for the

22 study referred to in section 216.

23 (2) For fiscal year 1996, $120,000,000, of

24 which $1,500,000 is authorized to be appropriated

25 for the President’s Total Environmental Quality

26 Award established in section 213.
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1 SEC. 502. LIMITATION ON APPROPRIATIONS.

2 Notwithstanding any other provision of this Act, no

3 funds are authorized to be appropriated for any fiscal year

4 after fiscal year 1996 for carrying out the programs and

5 activities for which funds are authorized by this Act, or

6 the amendments made by this Act.

7 SEC. 503. COMPETITION REQUIREMENT FOR AWARDS OF

8 FINANCIAL ASSISTANCE.

9 (a) COMPETITION REQUIREMENT.—No financial as10 sistance (including a grant, a contract, or any other award

11 of financial assistance) may be provided under a section

12 of this Act for research, development, or demonstration

13 activities, or for the construction of research, development,

14 or precommercial demonstration facilities, unless a com15 petitive, merit-based evaluation process consistent with

16 such section is used to award the financial assistance.

17 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

18 COMPETITION PROVISION.—

19 (1) IN GENERAL.—A provision of law may not

20 be construed as modifying or superseding subsection

21 (a), or as requiring that financial assistance (includ22 ing a grant, a contract, or any other type of finan23 cial assistance) be awarded under a section of this

24 Act in a manner inconsistent with subsection (a),

25 unless such provision of law—

26 (A) specifically refers to this section;
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1 (B) specifically states that such provision

2 of law modifies or supersedes subsection (a);

3 and

4 (C) specifically identifies the person to be

5 awarded the financial assistance and states that

6 the financial assistance to be awarded pursuant

7 to such provision of law is being awarded in a

8 manner inconsistent with subsection (a).

9 (2) NOTICE AND WAIT REQUIREMENT.—No fi10 nancial assistance (including a grant, a contract, or

11 any other type of financial assistance) may be

12 awarded pursuant to a provision of law that requires

13 or authorizes the award of the financial assistance

14 under this Act in a manner inconsistent with sub15 section (a) until—

16 (A) the head of the Federal agency intend17 ing to award the financial assistance submits to

18 the Congress a written notice of the intent to

19 award the financial assistance; and

20 (B) 180 days has elapsed after the date on

21 which the notice is received by the Congress.

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