`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3870 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 3870

_______________________________________________________________________

                                 AN ACT


 
 To promote the research and development of environmental technologies.

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

                      TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Environmental 
Technologies Act of 1994''.
    (b) Table of Contents.--The table of contents for 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.
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.

SEC. 102. FINDINGS.

    The Congress finds the following:
            (1) Promoting a sound economy and maintaining a healthy 
        environment are among the urgent public policy challenges of 
        the United States.
            (2) The research, development, and demonstration of 
        environmental technologies will enhance the economic standing 
        of the United States and global environmental security.
            (3) Although better designs for products and processes 
        offer new opportunities for substantially improved 
        environmental performance in growing domestic and international 
        markets, current government regulations and market barriers do 
        not allow these opportunities to be fully exploited.
            (4) Although the Federal Government, research institutes, 
        universities, and industries are conducting substantial basic 
        environmental research and development, environmental concerns 
        must become a more pervasive and central dimension of 
        technology research and development.
            (5) The coordination of Federal, State, and local 
        activities for the research, development, and demonstration of 
        environmental technologies will greatly enhance the 
        effectiveness of environmental policies of the United States.

SEC. 103. PURPOSES.

    It is the purpose of this Act--
            (1) to improve, consistent with applicable provisions of 
        law, coordination and integration of environmental technology 
        research and development performed by and across Federal 
        agencies;
            (2) to assist and catalyze efforts of private industry, 
        universities, nonprofit research centers, and Federal 
        laboratories in the research, development, and demonstration of 
        cost-effective, energy-efficient, and safe environmental 
        technologies and, in the process, to promote the 
        competitiveness of United States companies;
            (3) to facilitate the dissemination of information 
        regarding innovations in environmental technologies;
            (4) to promote the development of technical performance 
        measurements of environmentally sound products; and
            (5) to direct the study of policy changes that will provide 
        for the more efficient research, development, and demonstration 
        of environmental technologies.

SEC. 104. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``design-for-environment'' means the process 
        of synthesis in which waste prevention and the efficient 
        management of materials during a product's life cycle are 
        treated as design objectives, in addition to conventional 
        attributes such as cost, performance, manufacturability, and 
        safety.
            (3) The term ``environmental technology'' means a cost-
        efficient technology that is primarily intended to improve the 
        quality of the environment through pollution prevention, 
        pollution monitoring, pollution control, pollution remediation, 
        reuse, recycling, or disposal, or that is capable of cost-
        effectively offering significant environmental benefits when 
        compared with a technology it replaces.
            (4) The term ``advanced precommercial environmental 
        technologies'' means any environmental technology that enables 
        the commercial potential of a new product or process but 
        requires a further investment in addition to, and comparable 
        to, the assistance provided under this Act to develop and 
        market application-specific commercial prototypes, products, 
        and processes.
            (5) The term ``Federal laboratory'' has the meaning given 
        the term ``laboratory'' in section 12(d)(2) of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2)).
            (6) The term ``life-cycle assessment'' means an inventory 
        of the resource use and waste generation involved in developing 
        a technology, including materials extraction, materials 
        conversion, transportation, energy use, end use, recycling, and 
        disposal, and their associated costs and environmental impacts.
            (7) The term ``small business concern'' means a United 
        States company that is a small business concern within the 
        meaning given such term in the Small Business Act (15 U.S.C 631 
        et seq.).
            (8) The term ``sustainable economic development'' means the 
        integration of environmental and economic development concerns 
        leading to continuous and long-term economic development with 
        reduced pollution and the more efficient use of energy and 
        materials.
            (9) The term ``technology'' means a product, a 
        manufacturing process, a system, a service, or any other method 
        by which individual or societal needs are met through technical 
        activities.

         TITLE II--POLICY COORDINATION AND TECHNOLOGY PROGRAMS

          Subtitle A--Policy Coordination and Program Planning

SEC. 201. COORDINATION OF ENVIRONMENTAL TECHNOLOGY RESEARCH AND 
              DEVELOPMENT.

    (a) Interagency Coordination.--The President, acting through the 
Director of the Office of Science and Technology Policy or other entity 
designated by the President and in coordination with the heads of other 
Federal agencies that have substantial capabilities in the research, 
development, and demonstration of environmental technologies, shall 
develop an interagency strategy that is in accordance with the 
policies, requirements, and objectives of the applicable Federal 
statutes administered by those agencies and that--
            (1) ensures, to the maximum extent practicable, the 
        coordinated, interagency promotion of the research, 
        development, and demonstration of environmental technologies; 
        and
            (2) develops priorities for Federal environmental 
        technology research, development, and demonstration efforts, by 
        using scientifically objective information, data, and 
        assessments of risk.
    (b) Implementation.--In carrying out this section, the President, 
acting through the Director of the Office of Science and Technology 
Policy or other entity designated by the President, shall--
            (1) review current Federally funded programs, including 
        Federal budget outlays for these programs, to determine their 
        role in the research, development, and demonstration of 
        environmental technologies;
            (2) recommend the specific responsibilities of each 
        appropriate Federal agency to achieve the priorities developed 
        under this section;
            (3) describe the recommended levels of Federal funding 
        required for each Federal agency to carry out the specific 
        responsibilities recommended in paragraph (2);
            (4) develop a means for ensuring, to the maximum extent 
        practicable, that the principles of sustainable economic 
        development are integrated into the research, development, and 
        technology programs of all Federal agencies;
            (5) ensure that programs and activities established under 
        this Act are fully coordinated with existing Federal 
        capabilities and an overall Federal strategy for the research, 
        development, and demonstration of environmental technologies;
            (6) ensure that the efforts of the Federal Government are 
        coordinated with the efforts of State and local governments and 
        private and nonprofit organizations promoting the research, 
        development, and demonstration of environmental technologies;
            (7) ensure that in developing the interagency strategy for 
        the research, development, and demonstration of environmental 
        technologies pursuant to this section, priority is given to 
        geographic areas of significant environmental need, including 
        geographic areas that have been designated as nonattainment 
        areas under section 107(d)(1)(A)(i) of the Clean Air Act (42 
        U.S.C. 7407(d)(1)(A)(i));
            (8) ensure that programs and activities established under 
        this Act develop technologies that could assist States and 
        regional associations of States to comply with existing 
        environmental regulations, including air pollution regulations; 
        and
            (9) submit to the Congress any recommendations regarding 
        legislative or administrative action, including recommendations 
        on the roles of Federal agencies, which may be required to 
        carry out this section.
    (c) Budget Coordination.--The Director of the Office of Science and 
Technology Policy shall annually assess, in conjunction with other 
entities designated by the President and before the President submits 
to the Congress the budget for a fiscal year, the budget estimate of 
each relevant Federal agency for consistency with the plans, reviews, 
and priorities developed under this section. The Director shall make 
the results of the annual assessment available to the appropriate 
elements of the Executive Office of the President, particularly the 
Office of Management and Budget, for use in the preparation of such 
budget.
    (d) Strategic Plan and Annual Review.--The Director of the Office 
of Science and Technology Policy or other entity designated by the 
President shall submit to the Congress--
            (1) within one year after the date of the enactment of this 
        Act and periodically thereafter, a report on the strategy 
        referred to in subsection (a) and any revisions to the strategy 
        for executing interagency coordination of programs and 
        activities conducted under this section, including the timely 
        research, development, and demonstration of innovative 
        environmental control and remediation technologies; and
            (2) annually a report that describes the progress made in 
        implementing the strategy, including the programs and 
        activities conducted under this Act, and the amendments made by 
        this Act, in achieving the purposes of this Act.
    (e) Non-Federal Participation.--The Director of the Office of 
Science and Technology Policy shall establish mechanisms to ensure the 
participation of non-Federal entities, including State and local 
governments, United States companies, United States industrial 
associations and consortia, United States institutions of higher 
education, United States worker organizations, United States 
professional associations, and United States nonprofit organizations, 
in carrying out this section, including the development of the plans, 
reviews, and recommendations developed under this section.

SEC. 202. LIFE-CYCLE ASSESSMENTS.

    (a) Findings.--The Congress finds the following:
            (1) Consideration of life-cycle consequences of the 
        development of a technology can greatly assist in the 
        achievement of more environmentally sound products, processes, 
        and services and enhanced industrial efficiency. Life-cycle 
        assessments and other design-for-environment resources can 
        facilitate this achievement by clarifying materials flows and 
        energy flows and by enhancing capabilities to assess these 
        flows in the design of such products, processes, and services.
            (2) Methods of life-cycle assessment and other design-for-
        environment resources are underused in both the public and 
        private sectors, particularly as applied to sustainable 
        economic development.
            (3) The data necessary for meaningful life-cycle assessment 
        and other design-for-environment resources are often difficult 
        to acquire, and no system exists to make such data readily 
        available to public and private groups.
    (b) Life-Cycle Assessment Coordination.--
            (1) In general.--As part of, and consistent with, the 
        overall Federal environmental technology strategy established 
        in section 201, the Director of the Office of Science and 
        Technology Policy or other entity designated by the President 
        shall, in collaboration with the heads of other appropriate 
        Federal agencies (including the Secretary of Commerce, the 
        Secretary of Energy, and the Secretary of Defense), coordinate 
        Federal activities and resources that are applied to life-cycle 
        assessment and other design-for-environment resources in order 
        to maximize the contribution of life-cycle assessments and 
        other design-for-environment resources to the efficient design, 
        development, and use of technologies, and to sustainable 
        economic development.
            (2) Implementation.--In carrying out this subsection, the 
        Director of the Office of Science and Technology Policy or 
        other entity designated by the President shall--
                    (A) ensure that the life-cycle assessment and other 
                design-for-environment resources of each Federal agency 
                are developed and disseminated in a coordinated 
                fashion, partitioning agency responsibilities where 
                appropriate;
                    (B) coordinate with State and local governments 
                developing life-cycle assessment and other design-for-
                environment resources; and
                    (C) consult with industry, professional, nonprofit, 
                and other appropriate private-sector organizations to 
                take into account the life-cycle assessment and other 
                design-for-environment capabilities of the private 
                sector in carrying out this section.
            (3) Other activities.--In carrying out this subsection, the 
        Director of the Office of Science and Technology Policy or 
        other entity designated by the President shall also encourage 
        appropriate Federal agencies--
                    (A) to collect and disseminate information 
                regarding analytic methods (and, as required, to 
                develop such methods) that will significantly enhance 
                the ability of United States companies and other 
                organizations to evaluate materials extraction, 
                materials conversion, transportation, energy use, end 
                use, recycling, and disposal, and their associated 
                costs and environmental impacts;
                    (B) to utilize, to the fullest extent practicable, 
                existing networks and supporting databases which 
                provide access to publicly available information that 
                will facilitate the use of life-cycle assessments and 
                other design-for-environment resources;
                    (C) to sponsor demonstrations for public policy and 
                business decisionmakers of the effective use of life-
                cycle assessment and other design-for-environment data 
                and methods described in this section; and
                    (D) to ensure that private-sector life-cycle 
                assessment and other design-for-environment 
                capabilities are, and continue to be, fully integrated 
                into activities under this section.
    (4) Limitation.--Nothing in this section shall be considered to 
require the use of life-cycle assessment or other design-for-
environment data or methods by any Federal agency.
    (c) Annual Review.--The Director of the Office of Science and 
Technology Policy or other entity designated by the President shall 
annually submit to the Congress a report containing an evaluation of 
the life-cycle assessment or other design-for-environment activities of 
the Federal Government.

SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING PROGRAMS.

    (a) Stevenson-Wydler Amendments.--The Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701) is amended--
            (1) in section 2(2), by inserting ``greater environmental 
        sustainability,'' after ``employment opportunities,'';
            (2) in section 3(1), by inserting ``for sustainable 
        economic development'' after ``stimulate technology'';
            (3) in section 4, by adding at the end the following new 
        paragraph:
            ``(14) `Sustainable economic development' means the 
        integration of environmental and economic development concerns 
        leading to continuous and long-term economic development with 
        reduced pollution and the more efficient use of energy and 
        materials.'';
            (4) in section 6(a), by inserting ``and sustainable 
        economic development in their regions'' after ``enhance the 
        competitiveness of American business'';
            (5) in section 6(d), by inserting ``and sustainable 
        economic development in their regions'' after ``enhance the 
        competitiveness of American businesses'';
            (6) in section 7(a), by inserting ``and sustainable 
        economic development'' after ``enhance technological 
        innovation'';
            (7) in section 7(c)(1), by inserting ``sustainable economic 
        development,'' after ``employment,'';
            (8) in section 9(a), by inserting ``and sustainable 
        economic development'' after ``enhance technological 
        innovation''; and
            (9) in section 11(c)(1), by inserting ``and would enhance 
        sustainable economic development'' after ``commercial 
        applications''.
    (b) NIST Amendments.--The National Institute of Standards and 
Technology Act (15 U.S.C. 271) is amended--
            (1) in section 1(b)(1), by inserting ``sustainable economic 
        development,'' after ``improved product reliability and 
        manufacturing processes,'';
            (2) in section 1, by adding after subsection (b) the 
        following new subsection:
    ``(c) For purposes of this section, the term `sustainable economic 
development' means the integration of environmental and economic 
development concerns leading to continuous and long-term economic 
development with reduced pollution and the more efficient use of energy 
and materials.''; and
            (3) in section 2(b)(1), by inserting ``to enhance 
        sustainable economic development (as that term is defined in 
        section 1(c)),'' after ``to improve quality,''.
    (c) Technical Amendment.--Section 214 of the National Aeronautics 
and Space Administration Authorization Act, Fiscal Year 1989 (42 U.S.C. 
2451 note) is amended--
            (1) by striking ``102(c)'' and inserting ``102(d)''; and
            (2) by striking ``2451(c)'' and inserting ``2451(d)''.
    (d) NASA Amendments.--The National Aeronautics and Space Act of 
1958 (42 U.S.C. 2451 note) is amended--
            (1) in section 102(d)--
                    (A) by redesignating paragraphs (6), (7), (8), and 
                (9) as paragraphs (7), (8), (9), and (10), 
                respectively; and
                    (B) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) The making available to Federal and non-Federal 
        entities of the United States, technologies that will enhance 
        the sustainable economic development of the Nation.''; and
            (2) in section 103--
                    (A) by striking ``; and'' in paragraph (1) and 
                inserting a semicolon;
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) the term `sustainable economic development' means the 
        integration of environmental and economic development concerns 
        leading to continuous and long-term economic development with 
        reduced pollution and the more efficient use of energy and 
        materials.''.
    (e) NSF Amendments.--
            (1) Functions.--Section 3(a) of the National Science 
        Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended--
                    (A) in paragraph (6), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (7), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) to foster education and research that would promote 
        sustainable economic development nationally and 
        internationally.''.
            (2) Definition.--Subsection (g) of section 14 of such Act 
        is amended as follows:
                    (A) By striking ``(g) For purposes of this Act, the 
                term'' and inserting the following:
    ``(g) For purposes of this Act:
            ``(1) The term''.
                    (B) By adding after paragraph (1), as designated by 
                subparagraph (A) of this paragraph, the following new 
                paragraph:
            ``(2) The term `sustainable economic development' means the 
        integration of environmental and economic development concerns 
        leading to continuous and long-term economic development with 
        reduced pollution and the more efficient use of energy and 
        materials.''.

       Subtitle B--Environmental Technology Innovation Initiative

SEC. 211. ESTABLISHMENT AND ADMINISTRATION OF INITIATIVE.

    (a) Establishment.--There is established an interagency 
Environmental Technologies Innovation Initiative, to be implemented as 
part of, and consistent with, the overall Federal environmental 
technology strategy established in section 201, to promote the 
research, development, and demonstration of technologies that will 
contribute significantly to sustainable economic development. The 
Administrator shall administer the initiative in collaboration with the 
heads of other Federal agencies, including the Secretary of Commerce, 
the Secretary of Energy, the Secretary of Defense, the Director of the 
National Science Foundation, the Secretary of Agriculture, and the 
Secretary of Interior, that have substantial capabilities in advanced 
technology research and development.
    (b) Conduct of Initiative Programs and Activities.--The initiative 
referred to in subsection (a) shall include--
            (1) the administration and award of the President's Total 
        Environmental Quality Award established under section 24 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.), as added by section 213, and of the National 
        Environmentally Sound Technology Award established under 
        section 25 of such Act, as added by section 213;
            (2) the conduct of the Innovative Environmental Technology 
        Program described in section 212, the information activities 
        described in section 214, and the environmental technology 
        demonstration program described in section 215, the 
        demonstration program established pursuant to section 218, and 
        the international environmental technology demonstration 
        assistance provided under section 219; and
            (3) the study provided for in section 216.
    (c) Agreements with Other Agencies; Assistance.--
            (1) In general.--To carry out a section referred to in 
        subsection (b)(2), the Administrator may enter into an 
        agreement with the head of another Federal agency, and enter 
        into contracts and cooperative agreements with, and award 
        grants to, entities eligible for financial assistance under 
        that section.
            (2) Competitive process.--The Administrator (or the head of 
        a Federal agency under an agreement under paragraph (1)) shall 
        select proposals for financial assistance under a section 
        referred to in subsection (b)(2) solely through a competitive, 
        merit-based evaluation process.
            (3) Integration of industry and other views.--The 
        Administrator (or the head of a Federal agency under an 
        agreement under paragraph (1)) shall develop mechanisms for 
        integrating the views of representatives of industry and 
        nonprofit and other appropriate organizations into the process 
        by which proposals for financial assistance under a section 
        referred to in subsection (b)(2) are evaluated and selected.
    (d) Other Assistance Authorized.--The Administrator, in 
collaboration with the heads of other appropriate Federal agencies that 
have substantial capabilities in advanced technology research and 
development and as appropriate, may provide an entity receiving 
financial assistance under a section referred to in subsection (b)(2) 
with any technical and other assistance, including any equipment and 
facilities of Federal laboratories (including the scientists and 
engineers at those laboratories), necessary to carry out such section.
    (e) Annual Interagency Plan and Review.--The Administrator, in 
collaboration with the heads of other appropriate Federal agencies 
(including the Secretary of Commerce and the Secretary of Energy) and 
in consultation with representatives of industry, nonprofit, and other 
appropriate organizations, shall develop a strategic plan for the 
programs and activities referred to in subsection (b)(2) as part of, 
and consistent with, the overall Federal environmental technology 
strategy established in section 201 and shall report to the Congress on 
the performance of such programs and activities as part of the annual 
report described in section 201(d). Such report shall include an 
evaluation of--
            (1) the success of innovations resulting from such programs 
        and activities; and
            (2) the nature and extent of participation of socially 
        disadvantaged individuals and economically disadvantaged 
        individuals, as such terms are defined in paragraphs (6)(A) and 
        (5) of section 8(a) of the Small Business Act (15 U.S.C. 
        637(a)(6)(A),(5)), respectively, including women, including an 
        evaluation of any steps taken to encourage the participation of 
        such individuals.
    (f) Administration.--
            (1) In general.--In administering the programs and 
        activities referred to in subsection (b)(2), the Administrator 
        shall--
                    (A) monitor the manner in which any technologies 
                developed as a result of the programs and activities 
                are used, and report periodically to the Congress on 
                the extent of any international transfer of these 
                technologies;
                    (B) provide for appropriate dissemination of the 
                results of any research conducted under such program 
                and activities; and
                    (C) take any other action the Administrator 
                considers necessary to carry out the programs and 
                activities and to avoid unnecessary duplication of 
                effort by Federal agencies.
            (2) Applicability of other law.--Paragraphs (5), (6), (7), 
        (8), and (11) of section 28(d) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278n(d)) shall apply to 
        the administration of the programs and activities referred to 
        in subsection (b)(2).
            (3) Participation of socially and economically 
        disadvantaged individuals.--In carrying out the sections 
        referred to in subsection (b)(2), the Administrator shall 
        encourage the participation of socially disadvantaged 
        individuals and economically disadvantaged individuals, as such 
        terms are defined in paragraphs (6)(A) and (5) of section 8(a) 
        of the Small Business Act (15 U.S.C. 637(a)(6)(A),(5)), 
        respectively, including women.
    (g) Economically Depressed Areas.--The Administrator, in 
collaboration with the heads of other appropriate Federal agencies, 
shall seek to ensure that entities eligible for assistance under a 
section referred to in subsection (b)(2) and located in areas 
determined by the Administrator to have a depressed economy, or a 
significant concentration of defense-related industries, or chronically 
high unemployment, are notified of the assistance made available under 
that section and, to the extent practicable, to encourage and 
facilitate the participation of such entities in activities for which 
assistance is provided under that section.
    (h) Limitation on Construction of Facilities.--The Administrator 
may not provide financial assistance to an entity under this section 
for the construction of facilities.
    (i) Management.--The Administrator shall prescribe any regulations 
necessary to carry out each section referred to in subsection (b)(2), 
including regulations--
            (1) prescribing the form, time, and manner in which 
        proposals for financial assistance under such section shall 
        submitted; and
            (2) providing consideration of in-kind contributions by a 
        non-Federal Government entity participating in a program or 
        activity conducted under such section for the purpose of 
        determining the share of the costs of participating in the 
        program or activity that have been or are being undertaken by 
        that entity.

SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY PROGRAM.

    (a) Establishment.--The Administrator, in collaboration with the 
heads of other appropriate Federal agencies (including the Secretary of 
Commerce, the Secretary of Energy, and the Secretary of Defense), shall 
conduct an interagency innovative environmental technology program to 
develop or demonstrate advanced precommercial environmental 
technologies and which, to avoid redundancy and ensure efficiency, will 
be a part of, and consistent with, the overall Federal environmental 
strategy established in section 201.
    (b) Eligibility for Financial Assistance.--An entity shall be 
eligible for financial assistance to conduct a demonstration or 
development project under the program established under subsection (a) 
only if the entity is either a single United States company or a 
partnership which--
            (1) includes two or more United States companies; and
            (2) may include, as determined appropriate by the 
        Administrator, a Federal laboratory or laboratories, United 
        States nonprofit organizations, United States institutions of 
        higher education, agencies of States governments, and other 
        entities that participate in the partnership by supporting the 
        activities conducted by such companies or corporations under 
        this section.
    (c) Criteria for Selection of Proposals.--The Administrator shall 
give priority consideration to the following criteria in evaluating 
proposals for financial assistance under this section:
            (1) Contribution to the priorities established pursuant to 
        section 201(a)(2).
            (2) Significant improvement in environmental soundness of 
        the production process.
            (3) Contribution to industrial competitiveness, including 
        new markets, reduced production costs, and enhanced global 
        competitiveness.
            (4) Improvement in the environment of the workplace.
            (5) Applicability to other industrial processes.
            (6) Improvement in technological capability to recycle 
        complex combinations of materials.
            (7) Innovative application of post-consumer materials.
            (8) Direct application to environmental technologies needed 
        for United States business and industry.
            (9) Other criteria established by the Administrator.
    (d) Award Conditions.--Financial assistance provided under this 
section shall be subject to the following conditions:
            (1) Such assistance may be made for not more than five 
        years for single United States companies and not more than five 
        years for partnerships.
            (2) Except as provided in paragraph (3), the Federal 
        Government may provide financial assistance to an entity under 
        this section in an amount that is not more than a minority 
        share of the cost of the project conducted by the partnership.
            (3) The Federal share of the cost of a project conducted by 
        a partnership under this section may exceed the limitation 
        described in paragraph (2) if the partnership is composed 
        entirely of small business concerns.
            (4) The Administrator has determined that--
                    (A) an applicant for any such assistance has made 
                reasonable efforts to obtain non-Federal funding for 
                the Federal cost share sought to be received under this 
                section; and
                    (B) such non-Federal funding could not be 
                reasonably obtained.
            (5) Each project under this section shall be carried out 
        under such terms and conditions as the Administrator shall 
        require to ensure the protection of human health and the 
        environment.
    (e) Evaluation.--As part of the annual evaluation referred to in 
section 211(e), the Administrator shall conduct an evaluation of--
            (1) the extent to which technologies developed pursuant to 
        the program established under subsection (a) are used;
            (2) the contribution of such technologies to reduced 
        pollution and the more efficient use of energy and materials; 
        and
            (3) the contribution of such technologies to economic 
        development.
    (f) Recoupment.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator shall establish 
        procedures and criteria for recoupment in connection with any 
        project, for which financial assistance is provided under this 
        section, which has led to the development of a product or 
        process which is marketed or used.
            (2) Requirement as condition for award.--
                    (A) In general.--Except as provided in subparagraph 
                (B), such recoupment shall be required as a condition 
                for the provision of financial assistance under this 
                section, shall be proportional to the Federal share of 
                the cost of the project, and shall be derived from the 
                proceeds of royalties or licensing fees received in 
                connection with such product or process.
                    (B) Exception.--In the case of a product or process 
                which is used by the recipient of financial assistance 
                under this section for the production and sale of its 
                own products or processes, the recoupment shall consist 
                of a payment equivalent to the payment which would be 
                made under subparagraph (A).
            (3) Waiver.--The Administrator may at any time waive or 
        defer all or some of the recoupment requirements of this 
        subsection as necessary, depending on--
                    (A) the commercial competitiveness of the entity or 
                entities developing or using the product or process;
                    (B) the profitability of the project; and
                    (C) the commercial viability of the product or 
                process used.

SEC. 213. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD AND THE 
              NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY AWARD.

    (a) Findings.--The Congress finds the following:
            (1) Award programs such as the Malcolm Baldrige National 
        Quality Award Program have made substantial contributions to 
        private enterprise by providing a framework upon which 
        organizations can improve their operations and by focusing on 
        issues important to their competitiveness.
            (2) A President's Total Environmental Quality Award Program 
        modeled on the Malcolm Baldrige National Quality Award Program 
        would contribute to environmental quality and sustainable 
        economic development by--
                    (A) helping to stimulate United States companies to 
                research, develop, and demonstrate environmental 
                technologies;
                    (B) recognizing the achievements of such companies 
                which successfully research, develop, and demonstrate 
                environmental technologies; and
                    (C) establishing guidelines and criteria that can 
                be used by business, industrial, governmental, and 
                other organizations in evaluating their own research, 
                development, and demonstration of environmental 
                technologies.
    (b) Purpose.--It is the purpose of this section to provide for the 
establishment and conduct of a President's Total Environmental Quality 
Award Program and a National Environmentally Sound Technology Award 
Program under which awards are given to recognize the successful 
research, development, and demonstration of environmental technologies, 
and information is disseminated about such success.
    (c) Establishment of Awards.--The Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by inserting 
after section 23 the following new sections:

``SEC. 24. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD.

    ``(a) Establishment.--There is hereby established the President's 
Total Environmental Quality Award (in this section referred to as the 
`Award').
    ``(b) Design.--The Award shall be evidenced by a medal bearing the 
inscription `President's Total Environmental Quality Award'.
    ``(c) Award Selection Process.--The Secretary, in collaboration 
with the Secretary of Energy, the Administrator of the Environmental 
Protection Agency, and the Secretary of Defense, shall establish a 
process for the acceptance and evaluation of Award applicants. The 
Secretary shall, to the extent practicable, refer to the procedures 
used in the administration of the Malcolm Baldrige National Quality 
Award, including the definition of award categories, the delegation of 
responsibilities, and provisions for publicity, evaluation feed-back, 
and information transfer, as a model for the President's Total 
Environmental Quality Award.
    ``(d) Presentation of Award.--
            ``(1) Recommendations by secretary.--The Secretary shall 
        submit to the President, and make available to the public, the 
        recommendations of the Secretary for the selection of Award 
        applicants.
            ``(2) Selection by the president.--On the basis of 
        recommendations received under paragraph (1), the President 
        shall periodically select for receipt of the Award United 
        States companies and other organizations which in the judgment 
        of the President have substantially benefited the 
        environmental, economic, and social well-being of the United 
        States through the research, development, and demonstration of 
        environmental technologies and the effective integration of 
        environmental concerns into its operations and management, and 
        which as a consequence are deserving of special recognition.
            ``(3) Presentation ceremony.--The President or the Vice 
        President shall present the Award to recipients selected under 
        paragraph (2) with such ceremony as the President or the Vice 
        President considers to be appropriate.
    ``(e) Limitation.--The information gathered in evaluating Award 
applications may be used only for the evaluation of such applications 
and for publicity by winners of the Award. Such information may not be 
used for regulatory or compliance purposes.
    ``(f) Evaluation Criteria.--Criteria for evaluating Award 
applications shall include the following:
            ``(1) The effectiveness of the organization's development 
        and demonstration of environmental technologies, as well as the 
        organization's provision for environmental technologies in its 
        future plans.
            ``(2) The effectiveness of the integration of environmental 
        concerns into the operations and management of the 
        organization.
            ``(3) The effectiveness of energy and materials use from 
        the perspective of the life-cycle of the production, use, 
        recycle, and disposal of a product.
            ``(4) The effective use of an integrated approach to 
        pollution prevention and control that considers all 
        environmental media (liquid, solid, gaseous).
            ``(5) The overall environmental performance of the 
        organization, including environmental compliance.
    ``(g) Funding.--The Secretary may seek and accept gifts from public 
and private sources (and may, subject to annual appropriations, use 
such gifts) to carry out this section. The Secretary shall annually 
make available to the public a list of any such gifts and the sources 
of the gifts. The Secretary may provide for the imposition of a fee 
upon the organizations applying for the Award.
    ``(h) Report.--Not later than 3 years after the date of the 
enactment of the Environmental Technologies Act of 1994 and biennially 
thereafter, the Secretary shall submit to the President and the 
Congress a report on the progress made in carrying out this section, 
including a report on any indications that the Award has influenced the 
practices of United States companies and other organizations. The 
report shall include any recommendations of the Secretary for any 
modifications of the Award the Secretary considers necessary.

``SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY AWARD.

    ``(a) Establishment.--There is established a National 
Environmentally Sound Technology Award for the purpose of awarding 
individuals who have pioneered the development and use of highly 
innovative environmental technologies within the meaning of section 
104(3) of the Environmental Technologies Act of 1994.
    ``(b) Administration.--Using the authority and procedures 
established in section 24 and subject to the conditions described in 
this section, the Secretary, in collaboration with the Administrator of 
the Environmental Protection Agency and the Secretary of Energy, shall 
receive and evaluate applications for the National Environmentally 
Sound Technology Award and provide for presentation of such Award.
    ``(c) Qualified Technologies.--Technologies that qualify for such 
Award may include the following:
            ``(1) Manufacturing technologies.
            ``(2) Industrial or consumer products.
            ``(3) Consumer services.
            ``(4) Recycling technologies.
            ``(5) Pollution monitoring and control technologies.
            ``(6) Pollution remediation technologies.
            ``(7) Other technologies as appropriate.
    ``(d) Qualified Applicants.--Any citizen or permanent resident of 
the United States may qualify for such Award. Any such individual who 
is employed by or otherwise works for a business, Federal laboratory, 
or other organization may qualify for such Award only if the individual 
was substantially involved in the invention or innovation for which 
such Award is presented.
    ``(e) Limitation.--Not more than five such Awards may be presented 
annually.
    ``(f) Report.--Not later than 2 years after the date of the 
enactment of the Environmental Technologies Act of 1994 and biennially 
thereafter, the Secretary shall submit to the Congress a report on the 
progress made in carrying out this section. The report shall contain an 
evaluation of the performance of such Award, including an assessment of 
the extent to which the public recognizes such Award and such Award 
encourages innovation of environmental technologies.''.

SEC. 214. INCORPORATION OF INFORMATION ON ENVIRONMENTAL TECHNOLOGIES 
              INTO EXISTING NETWORKS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Administrator, through the Office of 
Research and Development of the Environmental Protection Agency and in 
collaboration with the Under Secretary for Technology of the Department 
of Commerce and the heads of any other appropriate Federal agencies, 
shall, to the maximum extent practicable, use existing information 
network capabilities of the Federal Government as part of, and 
consistent with, the overall Federal environmental technology strategy 
established in section 201 to provide coordinated access to data on 
environmental technologies or protocols developed, tested, verified, or 
certified under programs established by this Act, and by other 
appropriate Federal and non-Federal sources. Such data shall include--
            (1) information on--
                    (A) activities carried out under this Act and the 
                amendments made by this Act;
                    (B) performance standards regarding environmental 
                technologies;
                    (C) significant international developments in 
                environmental technologies, fully coordinating with 
                other international technology information programs of 
                the Federal Government; and
                    (D) cost-effectiveness and performance of 
                environmental technologies; and
            (2) other information determined by the Administrator to be 
        of substantial value in promoting the research, development, 
        and demonstration of environmental technologies.
    (b) Use of Existing Resources.--In carrying out this section, the 
Administrator shall, to the maximum extent practicable--
            (1) use existing public and private sector information 
        providers and carriers; and
            (2) coordinate with the heads of other appropriate Federal 
        agencies to make data described in subsection (a) accessible 
        through appropriate database systems of those Federal agencies.
    (c) Outreach.--The Administrator, through the Office of Research 
and Development of the Environmental Protection Agency and in 
collaboration with the Under Secretary for Technology of the Department 
of Commerce and the heads of any other appropriate Federal agencies, 
shall conduct outreach efforts to advertise, deliver, and disseminate 
the information made available pursuant to subsection (a). As part of 
such efforts, the Administrator shall consult with United States 
industrial associations and take appropriate action to ensure access to 
such information by industrial assistance organizations and programs 
supported by a State or local government, a non-profit organization in 
which a State or local government is a member, an institution of higher 
education designated by a State or local government, a manufacturing 
extension and outreach service or regional technical assistance service 
approved by the Federal Government, or a Federal laboratory.
    (d) Evaluation and Report.--As part of the annual evaluation 
referred to in section 211(e), the Administrator shall conduct an 
evaluation of the extent to which the data provided pursuant to this 
section are used.

SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRONMENTAL TECHNOLOGY 
              DEMONSTRATION.

    (a) Establishment.--The Administrator shall establish a program, in 
collaboration with the heads of appropriate Federal agencies (including 
the Secretary of Energy, the Secretary of Commerce, and the Secretary 
of Defense) as part of, and consistent with, the overall Federal 
environmental technology strategy established in section 201, to 
demonstrate the performance of environmental technologies at Federal 
laboratories and other Federal facilities.
    (b) Qualifying Technology Demonstration Projects.--Technologies 
that qualify for demonstration under such program include--
            (1) environmental technologies that can be applied to a 
        major pollution control or remediation need at a Federal 
        laboratory or other Federal facility;
            (2) environmental technologies the development of which 
        would be significantly advanced by unique facilities or 
        capabilities of a Federal laboratory or other Federal facility; 
        and
            (3) other environmental technologies that have significant 
        potential as an environmental technology that will contribute 
        to sustainable economic development or that will make a 
        significant contribution to the cleanup of communities 
        significantly affected by pollution.
    (c) Administration.--As part of the program established under this 
section, the Administrator--
            (1) may enter into a cooperative agreement with any other 
        Federal agency to make available, as appropriate, any 
        expertise, site, or facility under the jurisdiction of such 
        agency to an eligible entity under subsection (d) for the 
        purpose of demonstrating the performance of an environmental 
        technology;
            (2) shall establish application procedures for an eligible 
        entity under subsection (d) to apply to demonstrate an 
        environmental technology at an available site or facility, 
        including--
                    (A) provisions for sharing the cost of 
                demonstrating the technology with an applicant that 
                limit the Federal share of the cost to not more than 50 
                percent of the total cost of demonstrating the 
                technology; and
                    (B) provisions that provide special consideration 
                of the needs of small business concerns;
            (3) shall establish criteria for verification of the 
        efficacy of demonstrated environmental technologies;
            (4) shall establish specific procedures for the management 
        and oversight of demonstration activities conducted under this 
        section;
            (5) shall, pursuant to section 214, in consultation and 
        collaboration with other Federal agencies, and consistent with 
        the Federal environmental technology strategy established in 
        section 201, make available for entities eligible under 
        subsection (d) information regarding--
                    (A) the facilities and expertise available at 
                Federal laboratories that would be valuable to the 
                demonstration of environmental technologies; and
                    (B) sites at Federal laboratories or other Federal 
                facilities potentially available for demonstrating 
                environmental technologies, characterized by specific 
                site characteristics, including site geology and site 
                contaminants where appropriate;
            (6) shall document the performance and cost characteristics 
        of each environmental technology demonstrated pursuant to this 
        section; and
            (7) shall list and disseminate, pursuant to section 214, 
        nonproprietary information regarding the performance and cost 
        characteristics of the environmental technologies demonstrated 
        pursuant to this section.
    (d) Entities Eligible for Participation.--Entities eligible to 
carry out a demonstration project as part of the program established 
under subsection (a) are United States companies (including small 
business concerns), United States nonprofit organizations, United 
States institutions of higher education, and other entities that the 
Administrator considers appropriate.
    (e) Program Evaluation and Reporting.--In the report required by 
section 211(e), the Administrator shall evaluate the performance of the 
program established under this section, including an evaluation and 
statement of--
            (1) the number of environmental technologies demonstrated 
        and the type of problems addressed;
            (2) the Federal and non-Federal financial resources 
        committed to the program; and
            (3) the extent to which technologies demonstrated pursuant 
        to this section are used.
    (f) Savings Provision.--Nothing in this section shall be construed 
to supersede any other provision of law that provides authority to a 
Federal agency to demonstrate environmental technologies. Technologies 
eligible for demonstration under this section that are also eligible 
for demonstration at sites under section 311(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9660(b)) shall be subject to the limitations and requirements of 
that section. Demonstration projects and activities under this section 
shall not alter or interfere with the conduct or expeditious completion 
of response actions at facilities proposed for or listed on the 
National Priorities List.

SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN ENVIRONMENTAL 
              TECHNOLOGIES.

    (a) Study.--The Administrator shall enter into an agreement with 
the National Research Council to conduct a study of the influences on 
technological innovation in environmental technologies of economic, 
governmental, competitive, financial, and other incentives and 
barriers.
    (b) Report.--The Administrator shall include in the agreement 
referred to in subsection (a) a requirement that the National Research 
Council complete a report describing the results of the study referred 
to in such subsection not later than two years after the date of the 
enactment of this Act. The report shall identify specific incentives 
for and barriers to technological innovation and describe the reasons 
for the positive or negative influences identified. The Administrator 
shall submit the report to the Congress within 30 days after receiving 
the report from the National Research Council. Nothing in this section 
may be construed as authorizing the reprogramming of funds for such an 
agreement.

SEC. 217. DISCLAIMER.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed by the Administrator or the Secretary of Energy, or any 
officer or employee of the Environmental Protection Agency or the 
Department of Energy, or by any court as altering, affecting, 
supplanting, modifying, or changing, directly or indirectly, any law 
which on the day before the date of the enactment of this Act referred 
to, and provided authorities or responsibilities for, or was 
administered by, the Environmental Protection Agency or the Department 
of Energy or the Administrator of the Environmental Protection Agency 
or the Secretary of Energy.

SEC. 218. ENVIRONMENTALLY EFFICIENT BUILDING MATERIALS.

    (a) Demonstration of Environmentally Efficient Materials.--Not 
later than 90 days after the date of the enactment of this Act, the 
Administrator, in cooperation with the Administrator of General 
Services, and the heads of other appropriate agencies, may establish a 
3-year demonstration program to promote research on, and development 
of, environmentally efficient building materials, including the use of 
such materials in the construction of new Federal facilities and 
buildings and in existing Federal facilities and buildings.
    (b) Characteristics of Materials.--In selecting environmentally 
efficient building materials under the demonstration program, the 
Administrator shall give priority to those materials that most cost-
effectively maximize the conservation and preservation of natural 
resources.
    (c) Performance Verification.--Before using environmentally 
efficient building materials under this section, the Administrator, in 
cooperation with the Administrator of General Services and the heads of 
other appropriate agencies (including the Director of the National 
Institute of Standards and Technology), shall verify, through support 
of appropriate tests and using, to the maximum extent practicable, 
existing Federal capabilities, that such materials--
            (1) are cost-competitive with comparable, more conventional 
        materials on a life-cycle cost basis; and
            (2) meet applicable Federal environmental, public health, 
        safety, and energy efficiency standards.
    (d) Research and Development.--The Administrator may support the 
research, development and demonstration of environmentally efficient 
materials that show substantial promise for use in buildings. 
Paragraphs (2), (3), and (5) of section 212(d) shall apply to support 
provided under this subsection.
    (e) Guidelines.--The Administrator shall cooperate with the 
Administrator of General Services and the heads of other agencies to 
ensure that, where applicable, the results of the activities conducted 
pursuant to subsection (a) are incorporated into guidelines developed 
by appropriate Federal agencies for the use of environmentally 
efficient building materials.
    (f) Report.--Not later than 60 days after completion of the 
demonstration program, the Administrator shall submit to the Congress a 
report on the implementation of the demonstration program. The report 
shall include the following:
            (1) A listing of the type and quantities of environmentally 
        efficient building materials tested, developed, and used.
            (2) A statement of the cost and performance of such 
        materials compared to comparable, more conventional materials.
            (3) An assessment of the extent to which the use of such 
        materials can be expanded beyond the scope of the demonstration 
        program.
            (4) An assessment of the extent to which research on, and 
        development of, such materials occurred as a result of the 
        demonstration program and the extent to which further support 
        is needed to stimulate such research and development.
    (g) Integration of Other Views.--In carrying out this section, the 
Administrator, in cooperation with the Administrator of General 
Services, shall develop mechanisms for integrating the views of other 
agencies that carry out major construction programs, including the Army 
Corps of Engineers and the Veterans Administration, and representatives 
of the environmental community, the construction industry (including 
small business), manufacturing companies (including small businesses) 
that produce environmentally efficient materials, and the scientific 
and technical community.
    (h) Preemption.--Nothing in this section is intended to preempt any 
provision of law of a State or a political subdivision of a State that 
is more restrictive than a provision of this Act.
    (i) Definitions.--For purposes of this section:
            (1) The term ``agency'' means an Executive agency as 
        defined under section 105 of title 5, United States Code, and 
        any agency of the judicial or legislative branch of the Federal 
        Government.
            (2) The term ``environmentally efficient materials'' means 
        any recycled, recovered, reclaimed, or reused material whose 
        production, manufacture, fabrication, and use conserves and 
        preserves natural resources when compared to the production, 
        manufacture, fabrication, and use of comparable, more 
        conventional materials.
            (3) The term ``environmentally efficient building 
        materials'' means any environmentally efficient material which 
        may be used in the construction of a building or facility.
            (4) The term ``construction'' with respect to any project 
        under construction under this section, means the erection or 
        building of new structures or the replacement, expansion, 
        remodeling, alteration, or modernization of existing 
        structures.

SEC. 219. INTERNATIONAL ENVIRONMENTAL TECHNOLOGY DEMONSTRATION 
              ASSISTANCE.

    The Administrator may enter into agreements with the heads of other 
appropriate agencies that support the export of technologies to provide 
support for demonstrating the technical and economic feasibility of 
innovative environmental technologies substantially manufactured in the 
United States and used in other nations. Nothing in this section shall 
be applicable if the President determines that any provision of this 
section is actionable under the General Agreements on Tariffs and 
Trade, or any other international agreement to which the United States 
is a party.

                 Subtitle C--Other Research Activities

SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING RESEARCH.

    (a) In General.--The Director of the National Science Foundation 
shall take appropriate actions to support research activities that will 
advance the integration of engineering practices and environmental 
protection in the development of advanced technologies.
    (b) Interagency Collaboration.--The Director of the National 
Science Foundation shall collaborate with the heads of other 
appropriate Federal agencies, including the Administrator, in carrying 
out this section.
    (c) Integration of Information.--The Director of the National 
Science Foundation shall, to the maximum extent practicable, provide 
for the dissemination of information developed as a result of the 
research activities referred to in subsection (a) through education 
activities of the Foundation and through the information dissemination 
activities developed pursuant to section 214.

                  TITLE III--PERFORMANCE MEASUREMENTS

SEC. 301. PERFORMANCE MEASUREMENTS.

    (a) Authorization.--The Secretary of Commerce, through the Director 
of the National Institute of Standards and Technology, in collaboration 
with the Administrator and the heads of other appropriate Federal 
agencies, in consultation with non-Federal standards organizations, and 
as part of, and consistent with, the overall Federal environmental 
technology strategy established in section 201, shall establish a 
program to support the clarification of measurements of performance--
            (1) for environmental technologies (not including 
        technologies primarily intended to improve the quality of the 
        environment through pollution control, pollution remediation, 
        pollution monitoring, and disposal), to clarify performance and 
        substitutability for conventional technologies and for the fair 
        evaluation of performance claims regarding such environmental 
        technologies; and
            (2) to develop appropriate standard reference materials 
        required to implement paragraph (1).
    (b) Existing Non-Federal Programs.--In developing the program 
established in subsection (a), the Director of the National Institute 
of Standards and Technology shall, to the maximum extent practicable, 
coordinate efforts under such program with existing non-Federal 
standards activities that affect the environmental technologies covered 
by subsection (a)(1).
    (c) Coordination with Other Federal Agencies.--The Secretary of 
Commerce, through the Director of the National Institute of Standards 
and Technology, shall coordinate with the heads of other appropriate 
Federal agencies to ensure, to the maximum extent practicable, the use 
of the best available scientific and technical information in the 
evaluation of environmental performance claims by such agencies.
    (d) Glossary of Terms.--The Secretary of Commerce, through the 
Director of the National Institute of Standards and Technology, shall 
work with the heads of appropriate Federal agencies and private-sector 
standards organizations to facilitate the development and maintenance 
of a glossary of standard definitions of terms used in the evaluation 
of environmental performance claims.
    (e) International Harmonization.--The Secretary of Commerce, 
through the Director of the National Institute of Standards and 
Technology, shall work with domestic and international standards 
organizations to ensure harmonization of domestic performance 
measurements with international performance measurements consistent 
with applicable Federal and State laws.

SEC. 302. VERIFICATION OF ENVIRONMENTAL TECHNOLOGIES.

    (a) Designation of Entities to Perform Environmental Technology 
Verification.--The Administrator may, in accordance with this section 
and as part of, and consistent with, the overall Federal environmental 
technology strategy developed in section 201, designate entities to 
perform the functions described in paragraphs (1) through (3) of 
subsection (b). The Administrator may enter into joint agreements with 
Federal agencies, State and local governments, and nonprofit, private-
sector representatives to support entities designated by the 
Administrator under this section.
    (b) Functions.--Each entity designated under subsection (a)--
            (1) shall verify, evaluate, and, to the maximum extent 
        practicable, certify the performance, cost-effectiveness, and 
        ecological benefits of environmental technologies;
            (2) shall disseminate information on the characteristics 
        referred to in paragraph (1), including information that 
        describes whether each environmental technology evaluated and 
        verified--
                    (A) meets the performance criteria of applicable 
                law (including regulations issued by the Administrator) 
                under tested conditions at comparable or lower costs 
                than other existing environmental technologies; and
                    (B) constitutes a significant advance in the 
                development of environmental technologies with broad 
                applicability;
            (3) shall submit to the Administrator data and other 
        information compiled by the entity with respect to each 
        environmental technology verified and evaluated by the entity 
        under this section; and
            (4) may use support provided under this section to develop 
        technologies necessary for effective verification and 
        evaluation under paragraph (1) and may charge appropriate fees 
        for such verification and evaluation.
    (c) Review by Administrator.--After receiving data and other 
information from an entity designated under subsection (a) with respect 
to an environmental technology under subsection (b)(1), the 
Administrator shall conduct appropriate review of the data, other 
information, and protocols developed by such entity with respect to 
such technology.
    (d) Administration.--In carrying out this section, the 
Administrator shall--
            (1) by rule establish competitive procedures for soliciting 
        applications for and selecting, pursuant to criteria referred 
        to in subsection (e), entities to perform functions described 
        in subsection (b) and, as appropriate, designate model 
        entities;
            (2) by rule establish eligibility criteria for entities to 
        be designated under this section;
            (3) in collaboration with the heads of other appropriate 
        Federal agencies, including the Director of the National 
        Institute of Standards and Technology, certify, and as 
        appropriate, develop common protocols to evaluate the cost and 
        performance of environmental technologies;
            (4) make generally available through guidance manuals or 
        other appropriate methods information regarding testing 
        protocols for environmental technologies and establish a 
        regular process for approving and updating such protocols;
            (5) ensure that information regarding environmental 
        technologies verified and evaluated under this program is 
        disseminated pursuant to section 214;
            (6) develop mechanisms to facilitate the verification of--
                    (A) environmental technologies developed or 
                demonstrated by small business concerns, nonprofit 
                organizations, and United States institutions of higher 
                education; and
                    (B) environmental technologies that provide source 
                reduction; and
            (7) consult with the heads of other Federal agencies to 
        make available, through cooperative agreements with the 
        entities designated under this section, sources and expertise 
        of Federal laboratories for use by such entities in performing 
        the functions described in subsection (b).
    (e) Selection Criteria.--The Administrator, in consultation with 
the heads of other Federal agencies, State and local governments, and 
private sector organizations, shall select entities under this section 
based on the following criteria:
            (1) The capabilities of the applicant to provide a thorough 
        and credible technical and financial evaluation of 
        environmental technologies.
            (2) The clarity and efficiency of the proposed procedures 
        for the receipt and review of applications for technology 
        verification.
            (3) The likelihood of the continued viability of the 
        entity.
            (4) The existence of a plan for disseminating 
        nonproprietary information regarding technologies verified by 
        the entity.
            (5) The capability of the applicant to conduct evaluations 
        of technologies that address priority environmental concerns 
        consistent with the priorities established in section 201 of 
        this Act, including geographic areas that have been designated 
        as nonattainment areas under section 107(d)(1)(A)(i) of the 
        Clean Air Act (42 U.S.C. 7407(d)(1)(a)(i)).
            (6) Other criteria that the Administrator considers 
        appropriate.
    (f) Merit-Based Selection Process.--Entities supported under this 
section shall be selected only through a merit-based selection process, 
established by the Administrator, pursuant to the criteria described in 
subsection (e).
    (g) Authority of Administrator.--The Administrator may, consistent 
with applicable provisions of law and this section, enter into 
cooperative agreements and contracts to carry out this section.
    (h) Direct Verification.--If the Administrator determines that 
entities designated under this section cannot adequately verify the 
performance of environmental technologies because of scale or 
complexity, the Administrator may, consistent with applicable 
provisions of law and this section, enter into direct agreements to 
verify the performance of such technologies.
    (i) Review.--
            (1) In general.--Any action by the Administrator to verify 
        or evaluate a technology (or to review a verification or 
        evaluation) under this section shall not constitute a final 
        action by the Administrator and shall not be subject to 
        judicial review.
            (2) Failure to comply.--If a technology verified, 
        evaluated, or reviewed pursuant to this section fails to comply 
        with any applicable law (including regulations issued by the 
        Administrator), the verification, evaluation, or confirmation 
        shall not constitute a defense in an enforcement action or suit 
        and shall not create a cause of action against the 
        Environmental Protection Agency.
            (3) Disclaimer.--Nothing in this section may be construed 
        to authorize the Administrator to grant a seal of approval of 
        any kind for any entity or technology, to create any 
        competitive advantage or disadvantage for any entity, to 
        authorize the Administrator to require any person to install or 
        use any technology pursuant to any program administered by the 
        Environmental Protection Agency, or to designate any technology 
        as meeting a regulatory requirement.
    (j) Report.--The Administrator, in consultation with the heads of 
other appropriate Federal agencies, and industry, nonprofit, and other 
appropriate organizations, shall annually submit to the Congress a 
report that evaluates the implementation of this section. The report 
shall include a description of the technologies verified pursuant to 
this section, the number of the technologies verified, and the extent 
of their use.

SEC. 303. USE OF CERTAIN ENVIRONMENTAL TECHNOLOGIES BY THE FEDERAL 
              GOVERNMENT.

    (a) Establishment.--In any program of the President for evaluating, 
prioritizing, and approving the purchase by the Federal Government of 
environmental technologies, the President shall, consistent with 
applicable procurement laws, consider for such program any performance 
measurements for environmental technologies as may have been developed 
by the Secretary of Commerce pursuant to section 301(a).
    (b) Report.--Within one year after the date of the enactment of 
this Act and annually thereafter, the President shall submit to the 
Congress a report describing the progress made in carrying out this 
section and plans for carrying out this section for the three years 
immediately following the year in which the report is submitted.

  TITLE IV--DEPARTMENT OF ENERGY ENVIRONMENTAL TECHNOLOGY DEVELOPMENT

SEC. 401. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT TECHNOLOGY 
              DEVELOPMENT.

    (a) Program.--The Secretary of Energy (in this title referred to as 
the ``Secretary'') shall conduct programs of research, development, and 
demonstration on--
            (1) new and improved technologies for environmental 
        restoration and waste management (including waste 
        minimization);
            (2) training for environmental technicians, engineers, and 
        scientists; and
            (3) technologies for reducing worker exposure to 
        radioactivity in association with site remediation.
In carrying out this section, the Secretary shall appropriately 
consider the strategic plan submitted under section 201.
    (b) Implementation Authority.--In implementing this section, the 
Secretary may award grants to, and enter into contracts, cooperative 
agreements, and other appropriate arrangements with institutions of 
higher education, industry, the National Laboratories, and other 
Federal agencies.
    (c) Coordination with Initiative.--The Secretary shall ensure that 
the activities conducted pursuant to this section are appropriately 
coordinated with the activities conducted pursuant to the Environmental 
Technologies Innovation Initiative established under section 211.
    (d) Coordination with Certain Other Activities.--The Secretary 
shall coordinate activities under this section with activities 
conducted by the Secretary of Labor under the new technology program 
referred to in section 126(b)(9) of the Superfund Amendment and 
Reauthorization Act of 1986 and by the hazardous substance research 
development and demonstration centers established pursuant to 
subsections (l) and (o) of section 118 of such Act. Nothing in this 
section may be construed to affect the obligation of the Secretary of 
Energy to comply with section 126 of such Act.

SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.

    (a) Establishment.--The Secretary shall establish a program to 
demonstrate the technological and economic feasibility of recycling and 
reusing radioactively uncontaminated and decontaminated metals and 
equipment, and of other waste minimization techniques. Under the 
program, the Secretary shall analyze the extent to which sufficient 
private sector commitment to provide decontamination services and to 
purchase uncontaminated and decontaminated metals and equipment either 
exists or can be generated to support such a program of recycling and 
reuse.
    (b) Scope.--The demonstration program established under subsection 
(a) shall provide for the recycling and reuse of the metals and 
equipment at a minimum of 3 National Laboratories or former nuclear 
weapons production facilities, and shall be of sufficient scope, and 
shall include an appropriate variety of materials, to demonstrate the 
feasibility of recycling and reusing radioactively uncontaminated and 
decontaminated metals and equipment at all National Laboratories and 
former nuclear weapons production facilities. Such demonstration 
program shall be carried out for a period of 3 years.
    (c) Decontamination Technologies.--In the course of carrying out 
the demonstration program, the Secretary shall seek to promote the 
development of decontamination technologies.
    (d) Implementation Authority.--In implementing this section, the 
Secretary may award grants to, and enter into contracts, cooperative 
agreements, and other appropriate arrangements with institutions of 
higher education, industry, the National Laboratories, and other 
Federal agencies.
    (e) Waste Storage Containers.--As part of the demonstration 
program, the Secretary shall seek to demonstrate the technological and 
economic feasibility of using only materials owned by the Department of 
Energy on the date of enactment of this Act for containers to store or 
dispose of radioactively contaminated metals and equipment.
    (f) Reports to Congress.--
            (1) Requirement.--The Secretary shall--
                    (A) annually during the course of the demonstration 
                program established under this section, report to the 
                Congress on the progress made in the previous year 
                under such program; and
                    (B) within 6 months after the completion of such 
                demonstration program, transmit a final report to the 
                Congress on the results of the program.
            (2) Contents of final report.--The report required under 
        paragraph (1)(B) shall include--
                    (A) the findings of the Secretary on the success of 
                the demonstration program at achieving its purposes 
                under this section;
                    (B) a comparison of recycling and reusing 
                radioactively contaminated metals and equipment with 
                the alternative of containing and disposing of such 
                metals and equipment;
                    (C) the quantitative assessment described in 
                paragraph (3) of this subsection; and
                    (D) a proposal, including any recommendations for 
                necessary legislation, for expanding the demonstration 
                program to cover radioactively uncontaminated and 
                decontaminated metals and equipment at all National 
                Laboratories and former nuclear weapons production 
                facilities.
            (3) Quantitative assessment.--To enable the Secretary to 
        carry out paragraph (2)(D), the Secretary shall develop a 
        quantitative estimate of--
                    (A) all metals and equipment owned by the 
                Department at the National Laboratories and former 
                nuclear weapons production facilities that are not 
                radioactively contaminated and that are suitable for 
                resale or recycling;
                    (B) all metals and equipment owned by the 
                Department at the National Laboratories and former 
                nuclear weapons production facilities that have been 
                radioactively contaminated but can be recycled or 
                reused by the Department; and
                    (C) all metals and equipment owned by the 
                Department at the National Laboratories and former 
                nuclear weapons production facilities that have been 
                radioactively contaminated but can be decontaminated 
                and may be appropriate for sale to the public.
            (4) Factors in comparison.--In making the comparison 
        required under paragraph (2)(B), the Secretary shall consider 
        the full life cycle costs of each alternative, including 
        revenues or savings realized and the costs of treatment, 
        containment, storage, disposal, monitoring, and replacement. 
        Disposal costs shall be calculated on the basis of the costs of 
        such disposal to commercial disposal companies.

SEC. 403. FUNDING AND AUTHORIZATION.

    (a) Research and Development Funding.--The Secretary shall 
incrementally increase the proportion of the annual budget request for 
the Environmental Restoration and Waste Management program that is 
attributable to research and development until such proportion is at 
least 10 percent, except that the Secretary shall ensure that an 
increase under this subsection does not affect other programs and 
activities of the Department of Energy. This subsection shall apply to 
budget requests beginning with the budget request for the 2nd fiscal 
year that begins after the date of the enactment of this Act.
    (b) Authorization of Appropriations.--Of the funds made available 
for the nondefense Environmental Restoration and Waste Management 
program, there are authorized to be appropriated--
            (1) $10,000,000 for fiscal year 1995; and
            (2) $11,500,000 for fiscal year 1996,
for nondefense research and development activities of the Office of 
Technology Development, including the advanced robotics program, for 
the development of safer, less expensive, and more efficient 
environmental restoration and waste management technologies.

SEC. 404. COORDINATION.

    The Secretary shall, where appropriate, coordinate the 
implementation of this title with the implementation of sections 212 
and 215 of this Act.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Except as provided in subsection (b), there is 
hereby authorized to be appropriated for fiscal years 1995 and 1996 
such sums as may be necessary to carry out this Act and the amendments 
made by this Act.
    (b) Environmental Technologies Innovation Initiative.--There is 
hereby authorized to be appropriated to carry out the Environmental 
Technologies Innovation Initiative established in subtitle B of title 
II the following:
            (1) For fiscal year 1995, $70,000,000, of which $500,000 is 
        authorized to be appropriated for the President's Total 
        Environmental Quality Award established in section 213 for 
        fiscal year 1995 and $700,000 is authorized to be appropriated 
        for the study referred to in section 216.
            (2) For fiscal year 1996, $120,000,000, of which $1,500,000 
        is authorized to be appropriated for the President's Total 
        Environmental Quality Award established in section 213.

SEC. 502. LIMITATION ON APPROPRIATIONS.

    Notwithstanding any other provision of this Act, no funds are 
authorized to be appropriated for any fiscal year after fiscal year 
1996 for carrying out the programs and activities for which funds are 
authorized by this Act, or the amendments made by this Act.

SEC. 503. COMPETITION REQUIREMENT FOR AWARDS OF FINANCIAL ASSISTANCE.

    (a) Competition Requirement.--No financial assistance (including a 
grant, a contract, or any other award of financial assistance) may be 
provided under a section of this Act for research, development, or 
demonstration activities, or for the construction of research, 
development, or precommercial demonstration facilities, unless a 
competitive, merit-based evaluation process consistent with such 
section is used to award the financial assistance.
    (b) Requirement of Specific Modification of Competition 
Provision.--
            (1) In general.--A provision of law may not be construed as 
        modifying or superseding subsection (a), or as requiring that 
        financial assistance (including a grant, a contract, or any 
        other type of financial assistance) be awarded under a section 
        of this Act in a manner inconsistent with subsection (a), 
        unless such provision of law--
                    (A) specifically refers to this section;
                    (B) specifically states that such provision of law 
                modifies or supersedes subsection (a); and
                    (C) specifically identifies the person to be 
                awarded the financial assistance and states that the 
                financial assistance to be awarded pursuant to such 
                provision of law is being awarded in a manner 
                inconsistent with subsection (a).
            (2) Notice and wait requirement.--No financial assistance 
        (including a grant, a contract, or any other type of financial 
        assistance) may be awarded pursuant to a provision of law that 
        requires or authorizes the award of the financial assistance 
        under this Act in a manner inconsistent with subsection (a) 
        until--
                    (A) the head of the Federal agency intending to 
                award the financial assistance submits to the Congress 
                a written notice of the intent to award the financial 
                assistance; and
                    (B) 180 days has elapsed after the date on which 
                the notice is received by the Congress.

                 TITLE VI--RISK ASSESSMENT IMPROVEMENT

SEC. 601. CRITERIA FOR RISK ASSESSMENT.

    Any risk assessment under section 201(a)(2) shall contain the 
following:
            (1) Criteria for accepting and evaluating data.
            (2) A complete description of any mathematical models or 
        other assumptions likely to be used in the risk assessment, 
        including a discussion of their plausibility.
            (3) A description of the default options, the justification 
        and validation for the default options, and an explicit 
        statement of the rationale for selecting a particular default 
        option, in the absence of adequate data, based on explicitly 
        stated science policy choices and consideration of relevant 
        scientific information.
            (4) The technical justification for, and a description of 
        the degree of, conservatism each default option imposes upon 
        the risk assessment.
            (5) Criteria for using iterative or tiered approaches to 
        risk assessment, with varying levels of effort and data 
        requirements in the conduct of risk assessment based on the 
        need for accuracy of the risk estimate.
            (6) Criteria for conducting uncertainty analysis during the 
        course of the risk assessment, and an explanation of the data 
        needs for such analysis.
            (7) Effective methods for reporting risk assessment, to 
        ensure that the results are reasonably understandable by 
        interested persons, including formats which clearly identify 
        and distinguish sources of uncertainty and variability in the 
        risk assessment.
            (8) Criteria for identification and use of the most 
        plausible and unbiased methodologies and assumptions, given the 
        scientific information available.
            (9) Relevant information on data and assessment methods 
        that significantly influence the risk estimate.
            (10) A statement of the limitations, assumptions, and 
        default options included in the assessment and a statement of 
        the rationale and extent of scientific consensus with respect 
        to their use.
            (11) A statement that identifies major uncertainties and 
        their influence upon the assessment. The statement shall 
        characterize uncertainties associated with experimental 
        measurement errors and uncertainties associated with the choice 
        of specific models and default options.
            (12) The range and distribution of exposures derived from 
        exposure scenarios used in a risk assessment, including, for 
        example, upper-bound and central estimate(s) and their 
        qualitative, or where possible quantitative, likelihood, and, 
        when available and appropriate, the identification of highly 
        susceptible groups, species, individuals, and subpopulations 
        whose exposure exceeds that of the general population.
            (13) The use of both quantitative and qualitative 
        descriptors, when available and appropriate, to present a 
        comprehensive range of risks which are or may be encountered by 
        the various populations and individuals in a human health risk 
        assessment, or by the various species and ecological 
        communities in an ecological risk assessment, exposed to the 
        environmental hazard being evaluated in the risk assessment.
            (14) A description of appropriate statistical expressions 
        of the range and variability of the risk estimate, including 
        the population or populations addressed by any risk 
        estimate(s), central estimates of the risk for the specific 
        population, any appropriate upper-bound and lower-bound 
        estimates, and the reasonable range or other description of 
        uncertainties in the assessment process.
            (15) Comparisons of risk to public health, including 
        appropriate comparisons with estimates of other risks to 
        health, including those that are familiar to and routinely 
        encountered by the general public, and relevant substitution 
        risks, where information on such risks is made available. 
        Comparisons shall identify relevant distinctions among 
        categories or risks and limitations to comparisons.

SEC. 602. SAVINGS PROVISION.

    Nothing in this title shall be construed to modify any requirement 
or standard provided for in another provision of law that provides for 
risk assessment or is designed to protect health, safety, or the 
environment. Nothing in this title shall be construed to require the 
conduct of a risk assessment or a risk characterization that is not 
required by law.

SEC. 603. DEFINITIONS.

    For purposes of this title:
            (1) The term ``comparisons of risk'' means a process to 
        systematically, estimate, compare, and rank the size and 
        severity of environmental risks or health risks in order to 
        provide a common basis for evaluating strategies for reducing 
        or preventing those risks.
            (2) The term ``default option'' means a condition, 
        assumption, or fact that is presumed on the basis of available 
        data and prevailing theory.
            (3) The term ``risk assessment'' means the process or 
        procedure by which the potential adverse health or ecological 
        effects of exposure of human or nonhuman species to 
        environmental hazards is characterized.
            (4) The term ``uncertainty analysis'' means the systematic 
        process of identifying that which is not known or is unclear, 
        including measurement errors, the lack of fundamental knowledge 
        is needed to choose among alternative hypotheses, and 
        assumptions, or experimental models.
            (5) The term ``central estimates'' means estimates of 
        central tendencies or expected risk based, to the extent 
        feasible, on the most plausible and unbiased assumptions, given 
        the scientific information available.
            (6) The term ``substitution risk'' means a potential 
        increase in certain types of risk from a strategy designed to 
        decrease other risks.

                         TITLE VII--BUY AMERICA

SEC. 704. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products purchased 
with funds made available in this Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.

            Passed the House of Representatives July 26, 1994.

            Attest:






                                                                 Clerk.
                                     







103d CONGRESS

  2d Session

                               H. R. 3870

_______________________________________________________________________

                                 AN ACT

 To promote the research and development of environmental technologies.`