IB

Union Calendar No. 296

103D CONGRESS

2D SESSION H. R. 3870

[Report No. 103–536]

To promote the research and development of environmental technologies.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 22, 1994

Mr. BROWN of California (for himself, Mr. VALENTINE, Mr. MINETA, Mrs.

LLOYD, Mr. BOEHLERT, Mrs. MORELLA, Mr. SWETT, Mr. KLEIN, Mr.

MCHALE, Ms. ESHOO, Mr. TRAFICANT, Mr. BACCHUS of Florida, Mr.

BARCIA of Michigan, Mr. FINGERHUT, Ms. HARMAN, Mr. JOHNSON of

Georgia, Mr. COPPERSMITH, Ms. EDDIE BERNICE JOHNSON of Texas,

Mr. MINGE, Mr. DEAL, Mr. SCOTT, Mr. BECERRA, Mr. BARCA of Wisconsin, Mr. RUSH, Mr. SANDERS, Mr. OLVER, and Ms. SLAUGHTER) introduced the following bill; which was referred to the Committee on

Science, Space, and Technology

JUNE 8, 1994

Additional sponsors: Mr. INSLEE, Mr. MORAN, Mr. MAZZOLI, Mr. FROST, Mr.

ROMERO-BARCELO ́, Mr. GUTIERREZ, Mr. JEFFERSON, Mr. NADLER, and

Mr. HINCHEY

JUNE 8, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 22, 1994]
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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 ‘‘En6 vironmental 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.

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.

Subtitle C—Other Research Activities

Sec. 221. Environmentally advanced engineering research.

TITLE III—PERFORMANCE MEASUREMENTS

Sec. 301. Performance measurements.
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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 pub5 lic policy challenges of the United States.

6 (2) The research, development, and demonstra7 tion of environmental technologies will enhance the

8 economic standing of the United States and global en9 vironmental security.

10 (3) Although better designs for products and

11 processes offer new opportunities for substantially im12 proved environmental performance in growing domes13 tic and international markets, current government

14 regulations and market barriers do not allow these

15 opportunities to be fully exploited.

16 (4) Although the Federal Government, research

17 institutes, universities, and industries are conducting

18 substantial basic environmental research and develop-
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1 ment, environmental concerns must become a more

2 pervasive and central dimension of technology re3 search and development.

4 (5) The coordination of Federal, State, and local

5 activities for the research, development, and dem6 onstration of environmental technologies will greatly

7 enhance the effectiveness of environmental policies of

8 the United States.

9 SEC. 103. PURPOSES.

10 It is the purpose of this Act—

11 (1) to improve coordination and integration of

12 environmental technology research and development

13 performed by and across Federal agencies;

14 (2) to assist and catalyze efforts of private indus15 try, universities, nonprofit research centers, and Fed16 eral laboratories in the research, development, and

17 demonstration of environmental technologies and, in

18 the process, to promote the competitiveness of United

19 States companies;

20 (3) to facilitate the dissemination of information

21 regarding innovations in environmental technologies;

22 (4) to promote the development of technical per23 formance measurements of environmentally sound

24 products; and
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1 (5) to direct the study of policy changes that will

2 provide for the more efficient research, development,

3 and demonstration of environmental technologies.

4 SEC. 104. DEFINITIONS.

5 For the purposes of this Act:

6 (1) The term ‘‘Administrator’’ means the Admin7 istrator of the Environmental Protection Agency.

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

9 the process of synthesis in which waste prevention

10 and the efficient management of materials during a

11 product’s life cycle are treated as design objectives, in

12 addition to conventional attributes such as cost, per13 formance, manufacturability, and safety.

14 (3) The term ‘‘environmental technology’’ means

15 a technology that is primarily intended to improve

16 the quality of the environment through pollution pre17 vention, pollution monitoring, pollution control, pol18 lution remediation, reuse, recycling, or disposal, or

19 that is capable of cost-effectively offering significant

20 environmental benefits when compared with a tech21 nology it replaces.

22 (4) The term ‘‘Federal laboratory’’ has the mean23 ing given the term ‘‘laboratory’’ in section 12(d)(2) of

24 the Stevenson-Wydler Technology Innovation Act of

25 1980 (15 U.S.C. 3710a(d)(2)).
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1 (5) The term ‘‘life-cycle assessment’’ means an

2 inventory of the resource use and waste generation in3 volved in developing a technology, including materials

4 extraction, materials conversion, transportation, en5 ergy use, end use, recycling, and disposal, and their

6 associated costs and environmental impacts.

7 (6) The term ‘‘small business concern’’ means a

8 United States company that is a small business con9 cern within the meaning given such term in the

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

11 (7) The term ‘‘sustainable economic develop12 ment’’ means the integration of environmental and

13 economic development concerns leading to continuous

14 and long-term economic development with reduced

15 pollution and the more efficient use of energy and

16 materials.

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

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

19 other method by which individual or societal needs

20 are met through technical activities.

21 (9) The term ‘‘United States company’’ means a

22 company described in section 28(d)(9)(B) of the Na23 tional Institute of Standards and Technology Act (15

24 U.S.C. 278n(d)(9)(B)).
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1 TITLE II—POLICY COORDINA2 TION AND TECHNOLOGY PRO3 GRAMS

4 Subtitle A—Policy Coordination

5 and Program Planning

6 SEC. 201. COORDINATION OF ENVIRONMENTAL TECH7 NOLOGY RESEARCH AND DEVELOPMENT.

8 (a) INTERAGENCY COORDINATION.—The President,

9 acting through the Director of the Office of Science and

10 Technology Policy or other entity designated by the Presi11 dent and in coordination with the heads of other Federal

12 agencies that have substantial capabilities in the research,

13 development, and demonstration of environmental tech14 nologies, shall develop an interagency strategy that—

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

16 the coordinated, interagency promotion of the re17 search, development, and demonstration of environ18 mental technologies; and

19 (2) develops priorities for Federal environmental

20 technology research, development, and demonstration

21 efforts, by using scientifically objective information,

22 data, and assessments of risk.

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

24 the President, acting through the Director of the Office of
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1 Science and Technology Policy or other entity designated

2 by the President, shall—

3 (1) review current Federally funded programs,

4 including Federal budget outlays for these programs,

5 to determine their role in the research, development,

6 and demonstration of environmental technologies;

7 (2) recommend the specific responsibilities of

8 each appropriate Federal agency to achieve the prior9 ities developed under this section;

10 (3) describe the recommended levels of Federal

11 funding required for each Federal agency to carry out

12 the specific responsibilities recommended in para13 graph (2);

14 (4) develop a means for ensuring, to the maxi15 mum extent practicable, that the principles of sus16 tainable economic development are integrated into the

17 research, development, and technology programs of all

18 Federal agencies;

19 (5) ensure that programs and activities estab20 lished under this Act are fully coordinated with exist21 ing Federal capabilities and an overall Federal strat22 egy for the research, development, and demonstration

23 of environmental technologies;

24 (6) ensure that the efforts of the Federal Govern25 ment are coordinated with the efforts of State and
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1 local governments and private and nonprofit organi2 zations promoting the research, development, and

3 demonstration of environmental technologies;

4 (7) ensure that programs and activities estab5 lished under this Act develop technologies that could

6 assist States and regional associations of States to

7 comply with existing environmental regulations, in8 cluding air pollution regulations; and

9 (8) submit to the Congress any recommendations

10 regarding legislative or administrative action, includ11 ing recommendations on the roles of Federal agencies,

12 which may be required to carry out this section.

13 (c) BUDGET COORDINATION.—The Director of the Of14 fice of Science and Technology Policy shall annually assess,

15 in conjunction with other entities designated by the Presi16 dent and before the President submits to the Congress the

17 budget for a fiscal year, the budget estimate of each relevant

18 Federal agency for consistency with the plans, reviews, and

19 priorities developed under this section. The Director shall

20 make the results of the annual assessment available to the

21 appropriate elements of the Executive Office of the Presi22 dent, particularly the Office of Management and Budget,

23 for use in the preparation of such budget.

24 (d) STRATEGIC PLAN AND ANNUAL REVIEW.—The Di25 rector of the Office of Science and Technology Policy or
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1 other entity designated by the President shall submit to the

2 Congress—

3 (1) within one year after the date of the enact4 ment of this Act and periodically thereafter, a report

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

6 revisions to the strategy for executing interagency co7 ordination of programs and activities conducted

8 under this section, including the timely research, de9 velopment, and demonstration of innovative environ10 mental control and remediation technologies; and

11 (2) annually a report that describes the progress

12 made in implementing the strategy, including the

13 programs and activities conducted under this Act,

14 and the amendments made by this Act, in achieving

15 the purposes of this Act.

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

17 the Office of Science and Technology Policy shall establish

18 mechanisms to ensure the participation of non-Federal enti19 ties, including State and local governments, United States

20 companies, United States industrial associations and con21 sortia, United States institutions of higher education,

22 United States worker organizations, United States profes23 sional associations, and United States nonprofit organiza24 tions, in carrying out this section, including the develop-
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1 ment of the plans, reviews, and recommendations developed

2 under this section.

3 SEC. 202. LIFE-CYCLE ASSESSMENTS.

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

5 (1) Consideration of life-cycle consequences of the

6 development of a technology can greatly assist in the

7 achievement of more environmentally sound products,

8 processes, and services and enhanced industrial effi9 ciency. Life-cycle assessments and other design-for-en10 vironment resources can facilitate this achievement by

11 clarifying materials flows and energy flows and by

12 enhancing capabilities to assess these flows in the de13 sign of such products, processes, and services.

14 (2) Methods of life-cycle assessment and other de15 sign-for-environment resources are underused in both

16 the public and private sectors, particularly as applied

17 to sustainable economic development.

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

19 assessment and other design-for-environment resources

20 are often difficult to acquire, and no system exists to

21 make such data readily available to public and pri22 vate groups.

23 (b) LIFE-CYCLE ASSESSMENT COORDINATION.—

24 (1) IN GENERAL.—As part of activities to coordi25 nate environmental technology research, development,
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1 and demonstration described in section 201, the Di2 rector of the Office of Science and Technology Policy

3 or other entity designated by the President shall co4 ordinate Federal activities and resources that are ap5 plied to life-cycle assessment and other design-for-en6 vironment resources in order to maximize the con7 tribution of life-cycle assessments and other design8 for-environment resources to the efficient design, de9 velopment, and use of technologies, and to sustainable

10 economic development.

11 (2) IMPLEMENTATION.—In carrying out this sub12 section, the Director of the Office of Science and Tech13 nology Policy or other entity designated by the Presi14 dent shall—

15 (A) ensure that the life-cycle assessment and

16 other design-for-environment resources of each

17 Federal agency are developed and disseminated

18 in a coordinated fashion, partitioning agency re19 sponsibilities where appropriate;

20 (B) coordinate with State and local govern21 ments developing life-cycle assessment and other

22 design-for-environment resources; and

23 (C) consult with industry, professional,

24 nonprofit, and other appropriate private-sector

25 organizations to take into account the life-cycle
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1 assessment and other design-for-environment ca2 pabilities of the private sector in carrying out

3 this section.

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

5 subsection, the Director of the Office of Science and

6 Technology Policy or other entity designated by the

7 President shall also encourage appropriate Federal

8 agencies—

9 (A) to collect and disseminate information

10 regarding analytic methods (and, as required, to

11 develop such methods) that will significantly en12 hance the ability of United States companies

13 and other organizations to evaluate materials ex14 traction, materials conversion, transportation,

15 energy use, end use, recycling, and disposal, and

16 their associated costs and environmental im17 pacts;

18 (B) to utilize, to the fullest extent prac19 ticable, existing networks and supporting

20 databases which provide access to publicly avail21 able information that will facilitate the use of

22 life-cycle assessments and other design-for-envi23 ronment resources;

24 (C) to sponsor demonstrations for public

25 policy and business decisionmakers of the effec-
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1 tive use of life-cycle assessment and other design2 for-environment data and methods described in

3 this section; and

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

5 assessment and other design-for-environment ca6 pabilities are, and continue to be, fully inte7 grated into activities under this section.

8 (4) LIMITATION.—Nothing in this section shall

9 be considered to require the use of life-cycle assessment

10 or other design-for-environment data or methods by

11 any Federal agency.

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

13 Science and Technology Policy or other entity designated

14 by the President shall annually submit to the Congress a

15 report containing an evaluation of the life-cycle assessment

16 or other design-for-environment activities of the Federal

17 Government.

18 SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING

19 PROGRAMS.

20 (a) STEVENSON-WYDLER AMENDMENTS.—The Steven21 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.

22 3701) is amended—

23 (1) in section 2(2), by inserting ‘‘greater envi24 ronmental sustainability,’’ after ‘‘employment oppor25 tunities,’’;
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1 (2) in section 3(1), by inserting ‘‘for sustainable

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

3 (3) in section 4, by adding at the end the follow4 ing new paragraph:

5 ‘‘(14) ‘Sustainable economic development’ means

6 the integration of environmental and economic devel7 opment concerns leading to continuous and long-term

8 economic development with reduced pollution and the

9 more efficient use of energy and materials.’’;

10 (4) in section 6(a), by inserting ‘‘and sustainable

11 economic development in their regions’’ after ‘‘en12 hance the competitiveness of American business’’;

13 (5) in section 6(d), by inserting ‘‘and sustainable

14 economic development in their regions’’ after ‘‘en15 hance the competitiveness of American businesses’’;

16 (6) in section 7(a), by inserting ‘‘and sustainable

17 economic development’’ after ‘‘enhance technological

18 innovation’’;

19 (7) in section 7(c)(1), by striking ‘‘economic

20 competitiveness’’ and inserting ‘‘sustainable economic

21 development’’;

22 (8) in section 9(a), by inserting ‘‘and sustainable

23 economic development’’ after ‘‘enhance technological

24 innovation’’; and
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1 (9) in section 11(c)(1), by inserting ‘‘and would

2 enhance sustainable economic development’’ after

3 ‘‘commercial applications’’.

4 (b) NIST AMENDMENTS.—The National Institute of

5 Standards and Technology Act (15 U.S.C. 271) is amend6 ed—

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

8 economic development,’’ after ‘‘improved product reli9 ability and manufacturing processes,’’;

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

11 the following new subsection:

12 ‘‘(c) For purposes of this section, the term ‘sustainable

13 economic development’ means the integration of environ14 mental and economic development concerns leading to con15 tinuous and long-term economic development with reduced

16 pollution and the more efficient use of energy and mate17 rials.’’; and

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

19 sustainable economic development (as that term is de20 fined in section 1(c)),’’ after ‘‘to improve quality,’’.

21 (c) TECHNICAL AMENDMENT.—Section 214 of the Na22 tional Aeronautics and Space Administration Authoriza23 tion Act, Fiscal Year 1989 (42 U.S.C. 2451 note) is amend24 ed—
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1 (1) by striking ‘‘102(c)’’ and inserting ‘‘102(d)’’;

2 and

3 (2) by striking ‘‘2451(c)’’ and inserting

4 ‘‘2451(d)’’.

5 (d) NASA AMENDMENTS.—The National Aeronautics

6 and Space Act of 1958 (42 U.S.C. 2451 note) is amended—

7 (1) in section 102(d)—

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

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

10 (10), respectively; and

11 (B) by inserting after paragraph (5) the fol12 lowing new paragraph:

13 ‘‘(6) The making available to Federal and non14 Federal entities of the United States, technologies that

15 will enhance the sustainable economic development of

16 the Nation.’’; and

17 (2) in section 103—

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

19 and inserting a semicolon;

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

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

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

23 paragraph:

24 ‘‘(3) the term ‘sustainable economic development’

25 means the integration of environmental and economic
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1 development concerns leading to continuous and long2 term economic development with reduced pollution

3 and the more efficient use of energy 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 period

11 and inserting ‘‘; and’’; and

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

13 paragraph:

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

15 promote sustainable economic development nationally

16 and internationally.’’.

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

18 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 continuous

4 and long-term economic development with reduced

5 pollution and the more efficient use of energy and

6 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 over14 all Federal environmental technology strategy established in

15 section 201, to promote the research, development, and dem16 onstration of technologies that will contribute significantly

17 to sustainable economic development. The Administrator

18 shall administer the initiative in collaboration with the

19 heads of other Federal agencies, including the Secretary of

20 Commerce, the Secretary of Energy, the Secretary of De21 fense, and the Director of the National Science Foundation,

22 that have substantial capabilities in advanced technology

23 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 Tech7 nology Innovation Act of 1980 (15 U.S.C. 3701 et

8 seq.), as added by section 213, and of the National

9 Environmentally Sound Technology Award estab10 lished under section 25 of such Act, as added by sec11 tion 213;

12 (2) the conduct of the Innovative Environmental

13 Technology Program described in section 212, the in14 formation activities described in section 214, and the

15 environmental technology demonstration program de16 scribed 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 may

22 enter into an agreement with the head of another Fed23 eral agency, and enter into contracts and cooperative

24 agreements with, and award grants to, entities eligi25 ble for financial assistance under that section.
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1 (2) COMPETITIVE PROCESS.—The Administrator

2 (or the head of a Federal agency under an agreement

3 under paragraph (1)) shall select proposals for finan4 cial assistance under a section referred to in sub5 section (b)(2) solely through a competitive, merit6 based evaluation process.

7 (3) INTEGRATION OF INDUSTRY AND OTHER

8 VIEWS.—The Administrator (or the head of a Federal

9 agency under an agreement under paragraph (1))

10 shall develop mechanisms for integrating the views of

11 representatives of industry and nonprofit and other

12 appropriate organizations into the process by which

13 proposals for financial assistance under a section re14 ferred to in subsection (b)(2) are evaluated and se15 lected.

16 (d) OTHER ASSISTANCE AUTHORIZED.—The Adminis17 trator, in collaboration with the heads of other appropriate

18 Federal agencies that have substantial capabilities in ad19 vanced technology research and development and as appro20 priate, may provide an entity receiving financial assistance

21 under a section referred to in subsection (b)(2) with any

22 technical and other assistance, including any equipment

23 and facilities of Federal laboratories (including the sci24 entists and engineers at those laboratories), necessary to

25 carry out such section.
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1 (e) ANNUAL INTERAGENCY PLAN AND REVIEW.—The

2 Administrator, in collaboration with the heads of other ap3 propriate Federal agencies (including the Secretary of Com4 merce and the Secretary of Energy) and in consultation

5 with representatives of industry, nonprofit, and other ap6 propriate organizations, shall develop a strategic plan for

7 the programs and activities referred to in subsection (b)(2)

8 as part of, and consistent with, the overall Federal environ9 mental technology strategy established in section 201 and

10 shall report to the Congress on the performance of such pro11 grams and activities as part of the annual report described

12 in section 201(d). Such report shall include an evaluation

13 of—

14 (1) the success of innovations resulting from such

15 programs and activities; and

16 (2) the nature and extent of participation of so17 cially disadvantaged individuals and economically

18 disadvantaged individuals, as such terms are defined

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

20 Small Business Act (15 U.S.C. 637(a)(6)(A),(5)), re21 spectively, including women, including an evaluation

22 of any steps taken to encourage the participation of

23 such individuals.

24 (f) ADMINISTRATION.—
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1 (1) IN GENERAL.—In administering the pro2 grams and activities referred to in subsection (b)(2),

3 the Administrator shall—

4 (A) monitor the manner in which any tech5 nologies developed as a result of the programs

6 and activities are used, and report periodically

7 to the Congress on the extent of any inter8 national transfer of these technologies;

9 (B) provide for appropriate dissemination

10 of the results of any research conducted under

11 such program and activities; and

12 (C) take any other action the Administrator

13 considers necessary to carry out the programs

14 and activities and to avoid unnecessary duplica15 tion of effort by Federal agencies.

16 (2) APPLICABILITY OF OTHER LAW.—Paragraphs

17 (5), (6), (7), (8), and (11) of section 28(d) of the Na18 tional Institute of Standards and Technology Act (15

19 U.S.C. 278n(d)) shall apply to the administration of

20 the programs and activities referred to in subsection

21 (b)(2).

22 (3) PARTICIPATION OF SOCIALLY AND ECONOMI23 CALLY DISADVANTAGED INDIVIDUALS.—In carrying

24 out the sections referred to in subsection (b)(2), the

25 Administrator shall encourage the participation of so-
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1 cially disadvantaged individuals and economically

2 disadvantaged individuals, as such terms are defined

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

4 Small Business Act (15 U.S.C. 637(a)(6)(A),(5)), re5 spectively, including women.

6 (g) ECONOMICALLY DEPRESSED AREAS.—The Admin7 istrator, in collaboration with the heads of other appro8 priate Federal agencies, shall seek to ensure that entities

9 eligible for assistance under a section referred to in sub10 section (b)(2) and located in areas determined by the Ad11 ministrator to have a depressed economy, or a significant

12 concentration of defense-related industries, or chronically

13 high unemployment, are notified of the assistance made

14 available under that section and, to the extent practicable,

15 to encourage and facilitate the participation of such entities

16 in activities for which assistance is provided under that sec17 tion.

18 (h) LIMITATION ON CONSTRUCTION OF FACILITIES.—

19 The Administrator may not provide financial assistance to

20 an entity under a section referred to in subsection (b)(2)

21 for the construction of facilities.

22 (i) MANAGEMENT.—The Administrator shall prescribe

23 any regulations necessary to carry out each section referred

24 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 be 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 the

8 costs of participating in the program or activity that

9 have been or are being undertaken by that entity.

10 SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY

11 PROGRAM.

12 (a) ESTABLISHMENT.—The Administrator, in collabo13 ration with the heads of other appropriate Federal agencies

14 (including the Secretary of Commerce, the Secretary of En15 ergy, and the Secretary of Defense), shall conduct an inter16 agency innovative environmental technology program to de17 velop or demonstrate advanced precommercial environ18 mental technologies and which, to avoid redundancy and

19 ensure efficiency, will be fully coordinated with the overall

20 Federal environmental strategy established in section 201.

21 (b) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An en22 tity shall be eligible for financial assistance to conduct a

23 demonstration or development project under the program

24 established under subsection (a) only if the entity is either

25 a single United States company or a partnership which—
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1 (1) includes two or more United States compa2 nies; and

3 (2) may include, as determined appropriate by

4 the Administrator, a Federal laboratory or labora5 tories, United States nonprofit organizations, United

6 States institutions of higher education, agencies of

7 States governments, and other entities that partici8 pate in the partnership by supporting the activities

9 conducted by such companies or corporations under

10 this section.

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

12 Administrator shall give priority consideration to the fol13 lowing criteria in evaluating proposals for financial assist14 ance under this section:

15 (1) Contribution to the priorities established

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

17 (2) Significant improvement in environmental

18 soundness of the production process.

19 (3) Contribution to industrial competitiveness,

20 including new markets, reduced production costs, and

21 enhanced global competitiveness.

22 (4) Improvement in the environment of the work23 place.

24 (5) Applicability to other industrial processes.
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1 (6) Improvement in technological capability to

2 recycle complex combinations of materials.

3 (7) Innovative application of post-consumer ma4 terials.

5 (8) Direct application to environmental tech6 nologies needed for United States business and indus7 try.

8 (9) Other criteria established by the Adminis9 trator.

10 (d) AWARD CONDITIONS.—Financial assistance pro11 vided under this section shall be subject to the following con12 ditions:

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

14 than three years for single United States companies

15 and not more than five years for partnerships.

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

17 Federal Government may provide financial assistance

18 to a partnership under this section in an amount that

19 is not more than a minority share of the cost of the

20 project conducted by the partnership.

21 (3) The Federal share of the cost of a project con22 ducted by a partnership under this section may ex23 ceed the limitation described in paragraph (2) if—

24 (A) the partnership is composed entirely of

25 small business concerns; or
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1 (B) the Administrator determines that it

2 would be appropriate under the circumstances

3 and would serve the purpose of the program to

4 provide more than a minority cost-share of the

5 project conducted by the partnership.

6 (4) The Administrator has determined that—

7 (A) an applicant for any such assistance

8 has made reasonable efforts to obtain non-Fed9 eral funding for the Federal cost share sought to

10 be received under this section; and

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

12 reasonably obtained.

13 (5) Each project under this section shall be car14 ried out under such terms and conditions as the Ad15 ministrator shall require to ensure the protection of

16 human health and the environment.

17 (e) EVALUATION AND REPORT.—As part of the annual

18 evaluation referred to in section 211(e), the Administrator

19 shall conduct an evaluation of—

20 (1) the extent to which technologies developed

21 pursuant to the program established under subsection

22 (a) are used;

23 (2) the contribution of such technologies to re24 duced pollution and the more efficient use of energy

25 and materials; and
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1 (3) the contribution of such technologies to eco2 nomic development.

3 (f) RECOUPMENT.—

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

5 the date of the enactment of this Act, the Adminis6 trator shall establish procedures and criteria for

7 recoupment in connection with any project, for which

8 financial assistance is provided under this section,

9 which has led to the development of a product or

10 process which is marketed or used.

11 (2) REQUIREMENT AS CONDITION FOR AWARD.—

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

13 subparagraph (B), such recoupment shall be re14 quired as a condition for the provision of finan15 cial assistance under this section, shall be pro16 portional to the Federal share of the cost of the

17 project, and shall be derived from the proceeds of

18 royalties or licensing fees received in connection

19 with such product or process.

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

21 or process which is used by the recipient of fi22 nancial assistance under this section for the pro23 duction and sale of its own products or processes,

24 the recoupment shall consist of a payment equiv-
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1 alent to the payment which would be made

2 under subparagraph (A).

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

4 time waive or defer all or some of the recoupment re5 quirements of this subsection as necessary, depending

6 on—

7 (A) the commercial competitiveness of the

8 entity or entities developing or using the product

9 or process;

10 (B) the profitability of the project; and

11 (C) the commercial viability of the product

12 or process used.

13 SEC. 213. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

14 AWARD AND THE NATIONAL ENVIRON15 MENTALLY SOUND TECHNOLOGY AWARD.

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

17 (1) Award programs such as the Malcolm

18 Baldrige National Quality Award Program have

19 made substantial contributions to private enterprise

20 by providing a framework upon which organizations

21 can improve their operations and by focusing on is22 sues important to their competitiveness.

23 (2) A President’s Total Environmental Quality

24 Award Program modeled on the Malcolm Baldrige

25 National Quality Award Program would contribute to
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1 environmental quality and sustainable economic de2 velopment by—

3 (A) helping to stimulate United States com4 panies to research, develop, and demonstrate en5 vironmental technologies;

6 (B) recognizing the achievements of such

7 companies which successfully research, develop,

8 and demonstrate environmental technologies; and

9 (C) establishing guidelines and criteria that

10 can be used by business, industrial, govern11 mental, and other organizations in evaluating

12 their own research, development, and demonstra13 tion of environmental technologies.

14 (b) PURPOSE.—It is the purpose of this section to pro15 vide for the establishment and conduct of a President’s

16 Total Environmental Quality Award Program and a Na17 tional Environmentally Sound Technology Award Program

18 under which awards are given to recognize the successful

19 research, development, and demonstration of environmental

20 technologies, and information is disseminated about such

21 success.

22 (c) ESTABLISHMENT OF AWARDS.—The Stevenson23 Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701

24 et seq.) is amended by inserting after section 23 the follow25 ing new sections:
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1 ‘‘SEC. 24. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

2 AWARD.

3 ‘‘(a) ESTABLISHMENT.—There is hereby established the

4 President’s Total Environmental Quality Award (in this

5 section referred to as the ‘Award’).

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

7 medal bearing the inscription ‘President’s Total Environ8 mental Quality Award’.

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

10 collaboration with the Secretary of Energy, the Adminis11 trator of the Environmental Protection Agency, and the

12 Secretary of Defense, shall establish a process for the accept13 ance and evaluation of Award applicants. The Secretary

14 shall, to the extent practicable, refer to the procedures used

15 in the administration of the Malcolm Baldrige National

16 Quality Award, including the definition of award cat17 egories, the delegation of responsibilities, and provisions for

18 publicity, evaluation feed-back, and information transfer,

19 as a model for the President’s Total Environmental Quality

20 Award.

21 ‘‘(d) PRESENTATION OF AWARD.—

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

23 Secretary shall submit to the President the rec24 ommendations of the Secretary for the selection of

25 Award applicants.
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1 ‘‘(2) SELECTION BY THE PRESIDENT.—On the

2 basis of recommendations received under paragraph

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

4 of the Award United States companies and other or5 ganizations which in the judgment of the President

6 have substantially benefited the environmental, eco7 nomic, and social well-being of the United States

8 through the research, development, and demonstration

9 of environmental technologies and the effective inte10 gration of environmental concerns into its operations

11 and management, and which as a consequence are de12 serving of special recognition.

13 ‘‘(3) PRESENTATION CEREMONY.—The President

14 or the Vice President shall present the Award to re15 cipients selected under paragraph (2) with such cere16 mony as the President or the Vice President considers

17 to be appropriate.

18 ‘‘(e) LIMITATION.—The information gathered in evalu19 ating Award applications may be used only for the evalua20 tion of such applications and for publicity by winners of

21 the Award. Such information may not be used for regu22 latory or compliance purposes.

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

24 Award applications shall include the following:
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1 ‘‘(1) The effectiveness of the organization’s devel2 opment and demonstration of environmental tech3 nologies, as well as the organization’s provision for

4 environmental technologies in its future plans.

5 ‘‘(2) The effectiveness of the integration of envi6 ronmental concerns into the operations and manage7 ment of the organization.

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

9 use from the perspective of the life-cycle of the produc10 tion, use, recycle, and disposal of a product.

11 ‘‘(4) The effective use of an integrated approach

12 to pollution prevention and control that considers all

13 environmental media (liquid, solid, gaseous).

14 ‘‘(g) FUNDING.—The Secretary may seek and accept

15 gifts from public and private sources to carry out this sec16 tion. The Secretary may provide for the imposition of a

17 fee upon the organizations applying for the Award.

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

19 of the enactment of the Environmental Technologies Act of

20 1994 and biennially thereafter, the Secretary shall submit

21 to the President and the Congress a report on the progress

22 made in carrying out this section, including a report on

23 any indications that the Award has influenced the practices

24 of United States companies and other organizations. The

25 report shall include any recommendations of the Secretary
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1 for any modifications of the Award the Secretary considers

2 necessary.

3 ‘‘SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECH4 NOLOGY AWARD.

5 ‘‘(a) ESTABLISHMENT.—There is established a Na6 tional Environmentally Sound Technology Award for the

7 purpose of awarding individuals who have pioneered the

8 development and use of highly innovative environmental

9 technologies within the meaning of section 104(3) of the En10 vironmental Technologies Act of 1994.

11 ‘‘(b) ADMINISTRATION.—Using the authority and pro12 cedures established in section 24 and subject to the condi13 tions described in this section, the Secretary, in collabora14 tion with the Administrator of the Environmental Protec15 tion Agency and the Secretary of Energy, shall receive and

16 evaluate applications for the National Environmentally

17 Sound Technology Award and provide for presentation of

18 such Award.

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

20 qualify for such Award may include the following:

21 ‘‘(1) Manufacturing technologies.

22 ‘‘(2) Industrial or consumer products.

23 ‘‘(3) Consumer services.

24 ‘‘(4) Recycling technologies.
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1 ‘‘(5) Pollution monitoring and control tech2 nologies.

3 ‘‘(6) Pollution remediation technologies.

4 ‘‘(7) Other technologies as appropriate.

5 ‘‘(d) QUALIFIED APPLICANTS.—Any citizen or perma6 nent resident of the United States may qualify for such

7 Award. Any such individual who is employed by or other8 wise works for a business, Federal laboratory, or other orga9 nization may qualify for such Award only if the individual

10 was substantially involved in the invention or innovation

11 for which such Award is presented.

12 ‘‘(e) LIMITATION.—Not more than five such Awards

13 may be presented annually.

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

15 of the enactment of the Environmental Technologies Act of

16 1994 and biennially thereafter, the Secretary shall submit

17 to the Congress a report on the progress made in carrying

18 out this section. The report shall contain an evaluation of

19 the performance of such Award, including an assessment

20 of the extent to which the public recognizes such Award and

21 such Award encourages innovation of environmental tech22 nologies.’’.
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1 SEC. 214. INCORPORATION OF INFORMATION ON ENVIRON2 MENTAL TECHNOLOGIES INTO EXISTING NET3 WORKS.

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

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

6 through the Office of Research and Development of the En7 vironmental Protection Agency and in collaboration with

8 the Under Secretary for Technology of the Department of

9 Commerce and the heads of any other appropriate Federal

10 agencies, shall, to the maximum extent practicable, use ex11 isting information network capabilities of the Federal Gov12 ernment and coordinate with the Federal environmental

13 technology strategy established in section 201 to provide co14 ordinated access to data on environmental technologies or

15 protocols developed, tested, verified, or certified under pro16 grams established by this Act, and by other appropriate

17 Federal and non-Federal sources. Such data shall include—

18 (1) information on—

19 (A) activities carried out under this Act

20 and the amendments made by this Act;

21 (B) performance standards regarding envi22 ronmental technologies;

23 (C) significant international developments

24 in environmental technologies, fully coordinating

25 with other international technology information

26 programs of the Federal Government; and
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1 (D) cost-effectiveness and performance of en2 vironmental technologies; and

3 (2) other information determined by the Admin4 istrator to be of substantial value in promoting the

5 research, development, and demonstration of environ6 mental technologies.

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

8 this section, the Administrator shall, to the maximum ex9 tent practicable—

10 (1) use existing public and private sector infor11 mation providers and carriers; and

12 (2) coordinate with the heads of other appro13 priate Federal agencies to make data described in

14 subsection (a) accessible through appropriate database

15 systems of those Federal agencies.

16 (c) OUTREACH.—The Administrator, through the Of17 fice of Research and Development of the Environmental

18 Protection Agency and in collaboration with the Under Sec19 retary for Technology of the Department of Commerce and

20 the heads of any other appropriate Federal agencies, shall

21 conduct outreach efforts to advertise, deliver, and dissemi22 nate the information made available pursuant to subsection

23 (a). As part of such efforts, the Administrator shall consult

24 with United States industrial associations and take appro25 priate action to ensure access to such information by indus-
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1 trial assistance organizations and programs supported by

2 a State or local government, a non-profit organization in

3 which a State or local government is a member, an institu4 tion of higher education designated by a State or local gov5 ernment, a manufacturing extension and outreach service

6 or regional technical assistance service approved by the

7 Federal Government, or a Federal laboratory.

8 (d) EVALUATION AND REPORT.—As part of the annual

9 evaluation referred to in section 211(e), the Administrator

10 shall conduct an evaluation of the extent to which the data

11 provided pursuant to this section are used.

12 SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRON13 MENTAL TECHNOLOGY DEMONSTRATION.

14 (a) ESTABLISHMENT.—The Administrator shall estab15 lish a program, in collaboration with the heads of appro16 priate Federal agencies (including the Secretary of Energy,

17 the Secretary of Commerce, and the Secretary of Defense)

18 and in coordination with the Federal environmental tech19 nology strategy established in section 201, to demonstrate

20 the performance of environmental technologies at Federal

21 laboratories and other Federal facilities.

22 (b) QUALIFYING TECHNOLOGY DEMONSTRATION

23 PROJECTS.—Technologies that qualify for demonstration

24 under such program include—
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1 (1) environmental technologies that can be ap2 plied to a major pollution control or remediation need

3 at a Federal laboratory or other Federal facility;

4 (2) environmental technologies the development

5 of which would be significantly advanced by unique

6 facilities or capabilities of a Federal laboratory or

7 other Federal facility; and

8 (3) other environmental technologies that have

9 significant potential as an environmental technology

10 that will contribute to sustainable economic develop11 ment or that will make a significant contribution to

12 the cleanup of communities significantly affected by

13 pollution.

14 (c) ADMINISTRATION.—As part of the program estab15 lished under this section, the Administrator—

16 (1) may enter into a cooperative agreement with

17 any other Federal agency to make available, as ap18 propriate, any expertise, site, or facility under the ju19 risdiction of such agency to an eligible entity under

20 subsection (d) for the purpose of demonstrating the

21 performance of an environmental technology;

22 (2) shall establish application procedures for an

23 eligible entity under subsection (d) to apply to dem24 onstrate an environmental technology at an available

25 site or facility, including—
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1 (A) provisions for sharing the cost of dem2 onstrating the technology with an applicant that

3 limit the Federal share of the cost to not more

4 than 50 percent of the total cost of demonstrating

5 the technology; and

6 (B) provisions that provide special consider7 ation of the needs of small business concerns;

8 (3) shall establish criteria for verification of the

9 efficacy of demonstrated environmental technologies;

10 (4) shall establish specific procedures for the

11 management and oversight of demonstration activities

12 conducted under this section;

13 (5) shall, pursuant to section 214, in consulta14 tion and collaboration with other Federal agencies,

15 and consistent with the Federal environmental tech16 nology strategy established in section 201, make

17 available for entities eligible under subsection (d) in18 formation regarding—

19 (A) the facilities and expertise available at

20 Federal laboratories that would be valuable to

21 the demonstration of environmental technologies;

22 and

23 (B) sites at Federal laboratories or other

24 Federal facilities potentially available for dem25 onstrating environmental technologies, character-
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1 ized by specific site characteristics, including site

2 geology and site contaminants where appro3 priate;

4 (6) shall document the performance and cost

5 characteristics of each environmental technology dem6 onstrated pursuant to this section; and

7 (7) shall list and disseminate, pursuant to sec8 tion 214, nonproprietary information regarding the

9 performance and cost characteristics of the environ10 mental technologies demonstrated pursuant to this

11 section.

12 (d) ENTITIES ELIGIBLE FOR PARTICIPATION.—Enti13 ties eligible to carry out a demonstration project as part

14 of the program established under subsection (a) are United

15 States companies (including small business concerns),

16 United States nonprofit organizations, United States insti17 tutions of higher education, and other entities that the Ad18 ministrator considers appropriate.

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

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

21 evaluate the performance of the program established under

22 this section, including an evaluation and statement of—

23 (1) the number of environmental technologies

24 demonstrated and the type of problems addressed;
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1 (2) the Federal and non-Federal financial re2 sources committed to the program; and

3 (3) the extent to which technologies demonstrated

4 pursuant to this section are used.

5 (f) SAVINGS PROVISION.—Nothing in this section shall

6 be construed to supersede any other provision of law that

7 provides authority to a Federal agency to demonstrate envi8 ronmental technologies.

9 SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN

10 ENVIRONMENTAL TECHNOLOGIES.

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

12 agreement with the National Research Council to conduct

13 a study of the influences on technological innovation in en14 vironmental technologies of economic, governmental, and

15 other incentives and barriers.

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

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

18 the National Research Council complete a report describing

19 the results of the study referred to in such subsection not

20 later than two years after the date of the enactment of this

21 Act. The Administrator shall submit the report to the Com22 mittee on Science, Space, and Technology of the House of

23 Representatives and the Committee on Environment and

24 Public Works of the Senate within 30 days after receiving

25 the report from the National Research Council.
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1 Subtitle C—Other Research

2 Activities

3 SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING

4 RESEARCH.

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

6 Science Foundation shall take appropriate actions to sup7 port research activities that will advance the integration

8 of engineering practices and environmental protection in

9 the development of advanced technologies.

10 (b) INTERAGENCY COLLABORATION.—The Director of

11 the National Science Foundation shall collaborate with the

12 heads of other appropriate Federal agencies, including the

13 Administrator, in carrying out this section.

14 (c) INTEGRATION OF INFORMATION.—The Director of

15 the National Science Foundation shall, to the maximum ex16 tent practicable, provide for the dissemination of informa17 tion developed as a result of the research activities referred

18 to in subsection (a) through education activities of the

19 Foundation and through the information dissemination ac20 tivities developed pursuant to section 214.

21 TITLE III—PERFORMANCE

22 MEASUREMENTS

23 SEC. 301. PERFORMANCE MEASUREMENTS.

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

25 through the Director of the National Institute of Standards
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1 and Technology, in collaboration with the Administrator

2 and the heads of other appropriate Federal agencies, in con3 sultation with non-Federal standards organizations, and

4 consistent with the Federal environmental technology strat5 egy established in section 201, shall establish a program to

6 support the clarification of measurements of performance—

7 (1) for environmental technologies (not including

8 technologies primarily intended to improve the qual9 ity of the environment through pollution control, pol10 lution remediation, pollution monitoring, and dis11 posal), to clarify performance and substitutability for

12 conventional technologies and for the fair evaluation

13 of performance claims regarding such environmental

14 technologies; and

15 (2) to develop appropriate standard reference

16 materials required to implement paragraph (1).

17 (b) EXISTING NON-FEDERAL PROGRAMS.—In develop18 ing the program established in subsection (a), the Director

19 of the National Institute of Standards and Technology shall,

20 to the maximum extent practicable, coordinate efforts under

21 such program with existing non-Federal standards activi22 ties that affect the environmental technologies covered by

23 subsection (a)(1).

24 (c) COORDINATION WITH OTHER FEDERAL AGEN25 CIES.—The Secretary of Commerce, through the Director of
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1 the National Institute of Standards and Technology, shall

2 coordinate with the heads of other appropriate Federal

3 agencies to ensure, to the maximum extent practicable, the

4 use of the best available scientific and technical information

5 in the evaluation of environmental performance claims by

6 such agencies.

7 (d) GLOSSARY OF TERMS.—The Secretary of Com8 merce, through the Director of the National Institute of

9 Standards and Technology, shall work with the heads of ap10 propriate Federal agencies and private-sector standards or11 ganizations to facilitate the development and maintenance

12 of a glossary of standard definitions of terms used in the

13 evaluation of environmental performance claims.

14 (e) INTERNATIONAL HARMONIZATION.—The Secretary

15 of Commerce, through the Director of the National Institute

16 of Standards and Technology, shall work with domestic and

17 international standards organizations to ensure harmoni18 zation of domestic performance measurements with inter19 national performance measurements.

20 SEC. 302. VERIFICATION OF ENVIRONMENTAL TECH21 NOLOGIES.

22 (a) DESIGNATION OF ENTITIES TO PERFORM ENVI23 RONMENTAL TECHNOLOGY VERIFICATION.—The Adminis24 trator may, in accordance with this section and consistent

25 with the Federal environmental technology strategy devel-
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1 oped in section 201, designate entities to perform the func2 tions described in paragraphs (1) through (3) of subsection

3 (b). The Administrator may enter into joint agreements

4 with Federal agencies, State and local governments, and

5 nonprofit, private-sector representatives to support entities

6 designated by the Administrator under this section.

7 (b) FUNCTIONS.—Each entity designated under sub8 section (a)—

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

10 extent practicable, certify the performance, cost-effec11 tiveness, and ecological benefits of environmental tech12 nologies;

13 (2) shall disseminate information on the charac14 teristics referred to in paragraph (1), including infor15 mation that describes whether each environmental

16 technology evaluated and verified—

17 (A) meets the performance criteria of appli18 cable law (including regulations issued by the

19 Administrator) under tested conditions at com20 parable or lower costs than other existing envi21 ronmental technologies; and

22 (B) constitutes a significant advance in the

23 development of environmental technologies with

24 broad applicability;
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1 (3) shall submit to the Administrator data and

2 other information compiled by the entity with respect

3 to each environmental technology verified and evalu4 ated by the entity under this section; and

5 (4) may use support provided under this section

6 to develop technologies necessary for effective verifica7 tion and evaluation under paragraph (1) and may

8 charge appropriate fees for such verification and eval9 uation.

10 (c) REVIEW BY ADMINISTRATOR.—After receiving data

11 and other information from an entity designated under sub12 section (a) with respect to an environmental technology

13 under subsection (b)(1), the Administrator shall conduct

14 appropriate review of the data, other information, and pro15 tocols developed by such entity with respect to such tech16 nology.

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

18 the Administrator shall—

19 (1) establish procedures for soliciting applica20 tions for and selecting, pursuant to criteria referred

21 to in subsection (e), entities to perform functions de22 scribed in subsection (b) and, as appropriate, des23 ignate model entities;

24 (2) establish eligibility criteria for entities to be

25 designated under this section;
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1 (3) in collaboration with the heads of other ap2 propriate Federal agencies, including the Director of

3 the National Institute of Standards and Technology,

4 certify, and as appropriate develop, common protocols

5 to evaluate the cost and performance of environmental

6 technologies;

7 (4) make generally available through guidance

8 manuals or other appropriate methods information

9 regarding testing protocols for environmental tech10 nologies and establish a regular process for approving

11 and updating such protocols;

12 (5) ensure that information regarding environ13 mental technologies verified and evaluated under this

14 program is disseminated pursuant to section 214;

15 (6) develop mechanisms to facilitate the verifica16 tion of—

17 (A) environmental technologies developed or

18 demonstrated by small business concerns, non19 profit organizations, and United States institu20 tions of higher education; and

21 (B) environmental technologies that provide

22 source reduction; and

23 (7) consult with the heads of other Federal agen24 cies to make available, through cooperative agree25 ments with the entities designated under this section,
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1 sources and expertise of Federal laboratories for use

2 by such entities in performing the functions described

3 in subsection (b).

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

5 consultation with the heads of other Federal agencies, State

6 and local governments, and private sector organizations,

7 shall select entities under this section based on the following

8 criteria:

9 (1) The capabilities of the applicant to provide

10 a thorough and credible technical and financial eval11 uation of environmental technologies.

12 (2) The clarity and efficiency of the proposed

13 procedures for the receipt and review of applications

14 for technology verification.

15 (3) The likelihood of the continued viability of

16 the entity.

17 (4) The existence of a plan for disseminating

18 nonproprietary information regarding technologies

19 verified by the entity.

20 (5) Other criteria that the Administrator consid21 ers appropriate.

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

23 supported under this section shall be selected only through

24 a merit-based selection process, established by the Adminis25 trator, pursuant to the criteria described in subsection (e).
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1 (g) AUTHORITY OF ADMINISTRATOR.—The Adminis2 trator may enter into cooperative agreements and contracts

3 to carry out this section.

4 (h) DIRECT VERIFICATION.—If the Administrator de5 termines that entities designated under this section cannot

6 adequately verify the performance of environmental tech7 nologies because of scale or complexity, the Administrator

8 may enter into direct agreements to verify the performance

9 of such technologies.

10 (i) REVIEW.—

11 (1) IN GENERAL.—Any action by the Adminis12 trator to verify or evaluate a technology (or to review

13 a verification or evaluation) under this section shall

14 not constitute a final action by the Administrator

15 and shall not be subject to judicial review.

16 (2) FAILURE TO COMPLY.—If a technology veri17 fied, evaluated, or reviewed pursuant to this section

18 fails to comply with any applicable law (including

19 regulations issued by the Administrator), the verifica20 tion, evaluation, or confirmation shall not constitute

21 a defense in an enforcement action or suit and shall

22 not create a cause of action against the Environ23 mental Protection Agency.

24 (j) REPORT.—The Administrator, in consultation with

25 the heads of other appropriate Federal agencies, and indus-
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1 try, nonprofit, and other appropriate organizations, shall

2 annually submit to the Congress a report that evaluates the

3 implementation of this section. The report shall include a

4 description of the technologies verified pursuant to this sec5 tion, the number of the technologies verified, and the extent

6 of their use.

7 SEC. 303. USE OF CERTAIN ENVIRONMENTAL TECH8 NOLOGIES BY THE FEDERAL GOVERNMENT.

9 (a) ESTABLISHMENT.—The President shall establish a

10 program for evaluating and approving the purchase by the

11 Federal Government of environmental technologies covered

12 by section 301(a)(1). The President shall consider perform13 ance standards that clarify the substitutability of such envi14 ronmental technologies for conventional technologies to es15 tablish a priority list of such environmental technologies

16 for approval for purchase under the program and imple17 ment a plan for the procurement of such technologies.

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

19 enactment of this Act and annually thereafter, the President

20 shall submit to the Congress a report describing the progress

21 made in carrying out this section and plans for carrying

22 out this section for the three years immediately following

23 the year in which the report is submitted.
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1 TITLE IV—DEPARTMENT OF EN2 ERGY ENVIRONMENTAL TECH3 NOLOGY DEVELOPMENT

4 SEC. 401. ENVIRONMENTAL RESTORATION AND WASTE

5 MANAGEMENT TECHNOLOGY DEVELOPMENT.

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

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

8 research, development, and demonstration on—

9 (1) new and improved technologies for environ10 mental restoration and waste management (including

11 waste minimization);

12 (2) training for environmental technicians, engi13 neers, and scientists; and

14 (3) technologies for reducing worker exposure to

15 radioactivity in association with site remediation.

16 In carrying out this section, the Secretary shall appro17 priately consider the strategic plan submitted under section

18 201.

19 (b) IMPLEMENTATION AUTHORITY.—In implementing

20 this section, the Secretary may award grants to, and enter

21 into contracts, cooperative agreements, and other appro22 priate arrangements with institutions of higher education,

23 industry, the National Laboratories, and other Federal

24 agencies.
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1 (c) COORDINATION.—The Secretary shall ensure that

2 the activities conducted pursuant to this section are appro3 priately coordinated with the activities conducted pursuant

4 to the Environmental Technologies Innovation Initiative es5 tablished under section 211.

6 SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.

7 (a) ESTABLISHMENT.—The Secretary shall establish a

8 program to demonstrate the technological and economic fea9 sibility of recycling and reusing radioactively

10 uncontaminated and decontaminated metals and equip11 ment, and of other waste minimization techniques. Such

12 program shall seek to demonstrate that sufficient private

13 sector commitment to provide decontamination services and

14 to purchase uncontaminated and decontaminated metals

15 and equipment either exists or can be generated to support

16 such a program of recycling and reuse.

17 (b) SCOPE.—The demonstration program established

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

19 reuse of the metals and equipment at a minimum of 3 Na20 tional Laboratories or former nuclear weapons production

21 facilities, and shall be of sufficient scope, and shall include

22 an appropriate variety of materials, to demonstrate the fea23 sibility of recycling and reusing radioactively

24 uncontaminated and decontaminated metals and equip25 ment at all National Laboratories and former nuclear
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1 weapons production facilities. Such demonstration program

2 shall be carried out for a period of 3 years.

3 (c) DECONTAMINATION TECHNOLOGIES.—In the course

4 of carrying out the demonstration program, the Secretary

5 shall seek to promote the development of decontamination

6 technologies.

7 (d) IMPLEMENTATION AUTHORITY.—In implementing

8 this section, the Secretary may award grants to, and enter

9 into contracts, cooperative agreements, and other appro10 priate arrangements with institutions of higher education,

11 industry, the National Laboratories, and other Federal

12 agencies.

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

14 demonstration program, the Secretary shall seek to dem15 onstrate the technological and economic feasibility of using

16 only materials owned by the Department of Energy on the

17 date of enactment of this Act for containers to store or dis18 pose of radioactively contaminated metals and equipment.

19 (f) REPORTS TO CONGRESS.—

20 (1) REQUIREMENT.—The Secretary shall—

21 (A) annually during the course of the dem22 onstration program established under this sec23 tion, report to the Congress on the progress made

24 in the previous year under such program; and
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1 (B) within 6 months after the completion of

2 such demonstration program, transmit a final

3 report to the Congress on the results of the pro4 gram.

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 suc8 cess of the demonstration program at achieving

9 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 in

15 paragraph (3) of this subsection; and

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

18 demonstration program to cover radioactively

19 uncontaminated and decontaminated metals and

20 equipment at all National Laboratories and

21 former nuclear weapons production facilities.

22 (3) QUANTITATIVE ASSESSMENT.—To enable the

23 Secretary to carry out paragraph (2)(D), the Sec24 retary 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 that

5 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 each

21 alternative, including revenues or savings realized

22 and the costs of treatment, containment, storage, dis23 posal, monitoring, and replacement. Disposal costs

24 shall be calculated on the basis of the costs of such dis25 posal 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 the

4 annual budget request for the Environmental Restoration

5 and Waste Management program that is attributable to re6 search and development until such proportion is at least

7 10 percent.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Of those

9 funds requested under subsection (a) and made available

10 for the Environmental Restoration and Waste Management

11 program that are attributable to research and development,

12 there are authorized to be appropriated—

13 (1) $10,000,000 for fiscal year 1995; and

14 (2) $11,500,000 for fiscal year 1996,

15 for nondefense research and development activities of the Of16 fice of Technology Development, including the advanced ro17 botics program, for the development of safer, less expensive,

18 and more efficient environmental restoration and waste

19 management technologies.

20 SEC. 404. COORDINATION.

21 The Secretary shall, where appropriate, coordinate the

22 implementation of this title with the implementation of sec23 tions 212 and 215 of this Act.
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1 TITLE V—AUTHORIZATION OF

2 APPROPRIATIONS

3 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

8 (b) ENVIRONMENTAL TECHNOLOGIES INNOVATION INI9 TIATIVE.—There is hereby authorized to be appropriated to

10 carry out the Environmental Technologies Innovation Ini11 tiative established in subtitle B of title II the following:

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

13 $500,000 is authorized to be appropriated for the

14 President’s Total Environmental Quality Award es15 tablished in section 213 for fiscal year 1995 and

16 $700,000 is authorized to be appropriated for the

17 study referred to in section 216.

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

19 $1,500,000 is authorized to be appropriated for the

20 President’s Total Environmental Quality Award es21 tablished in section 213.

22 SEC. 502. LIMITATION ON APPROPRIATIONS.

23 Notwithstanding any other provision of this Act, no

24 funds are authorized to be appropriated for any fiscal year

25 after fiscal year 1996 for carrying out the programs and
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1 activities for which funds are authorized by this Act, or the

2 amendments made by this Act.

3 SEC. 503. COMPETITION REQUIREMENT FOR AWARDS OF FI4 NANCIAL ASSISTANCE.

5 (a) COMPETITION REQUIREMENT.—No financial as6 sistance (including a grant, a contract, or any other award

7 of financial assistance) may be provided under a section

8 of this Act for research, development, or demonstration ac9 tivities, or for the construction of research, development, or

10 precommercial demonstration facilities, unless a competi11 tive, merit-based evaluation process consistent with such

12 section is used to award the financial assistance.

13 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

14 COMPETITION PROVISION.—

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

16 be construed as modifying or superseding subsection

17 (a), or as requiring that financial assistance (includ18 ing a grant, a contract, or any other type of financial

19 assistance) be awarded under a section of this Act in

20 a manner inconsistent with subsection (a), unless

21 such provision of law—

22 (A) specifically refers to this section;

23 (B) specifically states that such provision of

24 law modifies or supersedes subsection (a); and
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1 (C) specifically identifies the person to be

2 awarded the financial assistance and states that

3 the financial assistance to be awarded pursuant

4 to such provision of law is being awarded in a

5 manner inconsistent with subsection (a).

6 (2) NOTICE AND WAIT REQUIREMENT.—No fi7 nancial assistance (including a grant, a contract, or

8 any other type of financial assistance) may be award9 ed pursuant to a provision of law that requires or au10 thorizes the award of the financial assistance under

11 this Act in a manner inconsistent with subsection (a)

12 until—

13 (A) the head of the Federal agency intend14 ing to award the financial assistance submits to

15 the Congress a written notice of the intent to

16 award the financial assistance; and

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

18 which the notice is received by the Congress.

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Union Calendar No. 296

103D CONGRESS

2D SESSION H. R. 3870

[Report No. 103–536]

A BILL

To promote the research and development of

environmental technologies.

JUNE 8, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and