Calendar No. 534

103D CONGRESS

2D SESSION H. R. 3870

A BILL

To promote the research and development of

environmental technologies.

JULY 27 (legislative day, JULY 20), 1994

Placed on the calendar
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Calendar No. 534

103D CONGRESS

2D SESSION H. R. 3870

IN THE SENATE OF THE UNITED STATES

JULY 27 (legislative day, JULY 20), 1994

Received; read twice and placed on the calendar

AN ACT

To promote the research and development of environmental

technologies.

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

3 TITLE I—GENERAL PROVISIONS

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

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

6 ‘‘Environmental Technologies Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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.
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1 SEC. 102. FINDINGS.

2 The Congress finds the following:

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

5 public policy challenges of the United States.

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

8 economic standing of the United States and global

9 environmental security.

10 (3) Although better designs for products and

11 processes offer new opportunities for substantially

12 improved environmental performance in growing do13 mestic and international markets, current govern14 ment regulations and market barriers do not allow

15 these opportunities to be fully exploited.

16 (4) Although the Federal Government, research

17 institutes, universities, and industries are conducting

18 substantial basic environmental research and devel19 opment, environmental concerns must become a

20 more pervasive and central dimension of technology

21 research and development.

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

23 local activities for the research, development, and

24 demonstration of environmental technologies will

25 greatly enhance the effectiveness of environmental

26 policies of the United States.
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1 SEC. 103. PURPOSES.

2 It is the purpose of this Act—

3 (1) to improve, consistent with applicable provi4 sions of law, coordination and integration of environ5 mental technology research and development per6 formed by and across Federal agencies;

7 (2) to assist and catalyze efforts of private in8 dustry, universities, nonprofit research centers, and

9 Federal laboratories in the research, development,

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

11 and safe environmental technologies and, in the

12 process, to promote the competitiveness of United

13 States companies;

14 (3) to facilitate the dissemination of informa15 tion regarding innovations in environmental tech16 nologies;

17 (4) to promote the development of technical

18 performance measurements of environmentally sound

19 products; and

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

21 will provide for the more efficient research, develop22 ment, and demonstration of environmental tech23 nologies.

24 SEC. 104. DEFINITIONS.

25 For the purposes of this Act:
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1 (1) The term ‘‘Administrator’’ means the Ad2 ministrator of the Environmental Protection Agency.

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

4 the process of synthesis in which waste prevention

5 and the efficient management of materials during a

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

7 in addition to conventional attributes such as cost,

8 performance, manufacturability, and safety.

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

10 means a cost-efficient technology that is primarily

11 intended to improve the quality of the environment

12 through pollution prevention, pollution monitoring,

13 pollution control, pollution remediation, reuse, recy14 cling, or disposal, or that is capable of cost-effec15 tively offering significant environmental benefits

16 when compared with a technology it replaces.

17 (4) The term ‘‘advanced precommercial environ18 mental technologies’’ means any environmental tech19 nology that enables the commercial potential of a

20 new product or process but requires a further invest21 ment in addition to, and comparable to, the assist22 ance provided under this Act to develop and market

23 application-specific commercial prototypes, products,

24 and processes.
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1 (5) The term ‘‘Federal laboratory’’ has the

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

3 12(d)(2) of the Stevenson-Wydler Technology Inno4 vation Act of 1980 (15 U.S.C. 3710a(d)(2)).

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

6 inventory of the resource use and waste generation

7 involved in developing a technology, including mate8 rials extraction, materials conversion, transportation,

9 energy use, end use, recycling, and disposal, and

10 their associated costs and environmental impacts.

11 (7) The term ‘‘small business concern’’ means

12 a United States company that is a small business

13 concern within the meaning given such term in the

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

15 (8) The term ‘‘sustainable economic develop16 ment’’ means the integration of environmental and

17 economic development concerns leading to continu18 ous and long-term economic development with re19 duced pollution and the more efficient use of energy

20 and materials.

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

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

23 other method by which individual or societal needs

24 are met through technical activities.
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1 TITLE II—POLICY COORDINA2 TION AND TECHNOLOGY PRO3 GRAMS

4 Subtitle A—Policy Coordination

5 and Program Planning

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

8 (a) INTERAGENCY COORDINATION.—The President,

9 acting through the Director of the Office of Science and

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

12 agencies that have substantial capabilities in the research,

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

15 accordance with the policies, requirements, and objectives

16 of the applicable Federal statutes administered by those

17 agencies and that—

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

19 the coordinated, interagency promotion of the re20 search, development, and demonstration of environ21 mental technologies; and

22 (2) develops priorities for Federal environ23 mental technology research, development, and dem24 onstration efforts, by using scientifically objective in25 formation, data, and assessments of risk.
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1 (b) IMPLEMENTATION.—In carrying out this section,

2 the President, acting through the Director of the Office

3 of Science and Technology Policy or other entity des4 ignated by the President, shall—

5 (1) review current Federally funded programs,

6 including Federal budget outlays for these programs,

7 to determine their role in the research, development,

8 and demonstration of environmental technologies;

9 (2) recommend the specific responsibilities of

10 each appropriate Federal agency to achieve the pri11 orities developed under this section;

12 (3) describe the recommended levels of Federal

13 funding required for each Federal agency to carry

14 out the specific responsibilities recommended in

15 paragraph (2);

16 (4) develop a means for ensuring, to the maxi17 mum extent practicable, that the principles of sus18 tainable economic development are integrated into

19 the research, development, and technology programs

20 of all Federal agencies;

21 (5) ensure that programs and activities estab22 lished under this Act are fully coordinated with ex23 isting Federal capabilities and an overall Federal

24 strategy for the research, development, and dem25 onstration of environmental technologies;
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1 (6) ensure that the efforts of the Federal Gov2 ernment are coordinated with the efforts of State

3 and local governments and private and nonprofit or4 ganizations promoting the research, development,

5 and demonstration of environmental technologies;

6 (7) ensure that in developing the interagency

7 strategy for the research, development, and dem8 onstration of environmental technologies pursuant to

9 this section, priority is given to geographic areas of

10 significant environmental need, including geographic

11 areas that have been designated as nonattainment

12 areas under section 107(d)(1)(A)(i) of the Clean Air

13 Act (42 U.S.C. 7407(d)(1)(A)(i));

14 (8) ensure that programs and activities estab15 lished under this Act develop technologies that could

16 assist States and regional associations of States to

17 comply with existing environmental regulations, in18 cluding air pollution regulations; and

19 (9) submit to the Congress any recommenda20 tions regarding legislative or administrative action,

21 including recommendations on the roles of Federal

22 agencies, which may be required to carry out this

23 section.

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

25 Office of Science and Technology Policy shall annually as-
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1 sess, in conjunction with other entities designated by the

2 President and before the President submits to the Con3 gress the budget for a fiscal year, the budget estimate of

4 each relevant Federal agency for consistency with the

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

6 The Director shall make the results of the annual assess7 ment available to the appropriate elements of the Execu8 tive Office of the President, particularly the Office of Man9 agement and Budget, for use in the preparation of such

10 budget.

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

12 Director of the Office of Science and Technology Policy

13 or other entity designated by the President shall submit

14 to the Congress—

15 (1) within one year after the date of the enact16 ment of this Act and periodically thereafter, a report

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

18 revisions to the strategy for executing interagency

19 coordination of programs and activities conducted

20 under this section, including the timely research, de21 velopment, and demonstration of innovative environ22 mental control and remediation technologies; and

23 (2) annually a report that describes the

24 progress made in implementing the strategy, includ25 ing the programs and activities conducted under this
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1 Act, and the amendments made by this Act, in

2 achieving the purposes of this Act.

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

4 the Office of Science and Technology Policy shall establish

5 mechanisms to ensure the participation of non-Federal en6 tities, including State and local governments, United

7 States companies, United States industrial associations

8 and consortia, United States institutions of higher edu9 cation, United States worker organizations, United States

10 professional associations, and United States nonprofit or11 ganizations, in carrying out this section, including the de12 velopment of the plans, reviews, and recommendations de13 veloped under this section.

14 SEC. 202. LIFE-CYCLE ASSESSMENTS.

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

16 (1) Consideration of life-cycle consequences of

17 the development of a technology can greatly assist in

18 the achievement of more environmentally sound

19 products, processes, and services and enhanced in20 dustrial efficiency. Life-cycle assessments and other

21 design-for-environment resources can facilitate this

22 achievement by clarifying materials flows and energy

23 flows and by enhancing capabilities to assess these

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

25 services.
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1 (2) Methods of life-cycle assessment and other

2 design-for-environment resources are underused in

3 both the public and private sectors, particularly as

4 applied to sustainable economic development.

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

6 assessment and other design-for-environment re7 sources are often difficult to acquire, and no system

8 exists to make such data readily available to public

9 and private groups.

10 (b) LIFE-CYCLE ASSESSMENT COORDINATION.—

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

12 with, the overall Federal environmental technology

13 strategy established in section 201, the Director of

14 the Office of Science and Technology Policy or other

15 entity designated by the President shall, in collabo16 ration with the heads of other appropriate Federal

17 agencies (including the Secretary of Commerce, the

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

19 coordinate Federal activities and resources that are

20 applied to life-cycle assessment and other design-for21 environment resources in order to maximize the con22 tribution of life-cycle assessments and other design23 for-environment resources to the efficient design, de24 velopment, and use of technologies, and to sustain25 able economic development.
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1 (2) IMPLEMENTATION.—In carrying out this

2 subsection, the Director of the Office of Science and

3 Technology Policy or other entity designated by the

4 President shall—

5 (A) ensure that the life-cycle assessment

6 and other design-for-environment resources of

7 each Federal agency are developed and dissemi8 nated in a coordinated fashion, partitioning

9 agency responsibilities where appropriate;

10 (B) coordinate with State and local govern11 ments developing life-cycle assessment and

12 other design-for-environment resources; and

13 (C) consult with industry, professional,

14 nonprofit, and other appropriate private-sector

15 organizations to take into account the life-cycle

16 assessment and other design-for-environment

17 capabilities of the private sector in carrying out

18 this section.

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

20 subsection, the Director of the Office of Science and

21 Technology Policy or other entity designated by the

22 President shall also encourage appropriate Federal

23 agencies—

24 (A) to collect and disseminate information

25 regarding analytic methods (and, as required,
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1 to develop such methods) that will significantly

2 enhance the ability of United States companies

3 and other organizations to evaluate materials

4 extraction, materials conversion, transportation,

5 energy use, end use, recycling, and disposal,

6 and their associated costs and environmental

7 impacts;

8 (B) to utilize, to the fullest extent prac9 ticable, existing networks and supporting

10 databases which provide access to publicly avail11 able information that will facilitate the use of

12 life-cycle assessments and other design-for-envi13 ronment resources;

14 (C) to sponsor demonstrations for public

15 policy and business decisionmakers of the effec16 tive use of life-cycle assessment and other de17 sign-for-environment data and methods de18 scribed in this section; and

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

20 assessment and other design-for-environment

21 capabilities are, and continue to be, fully inte22 grated into activities under this section.

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

24 be considered to require the use of life-cycle assess-
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1 ment or other design-for-environment data or meth2 ods by any Federal agency.

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

4 Science and Technology Policy or other entity designated

5 by the President shall annually submit to the Congress

6 a report containing an evaluation of the life-cycle assess7 ment or other design-for-environment activities of the

8 Federal Government.

9 SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING

10 PROGRAMS.

11 (a) STEVENSON-WYDLER AMENDMENTS.—The Ste12 venson-Wydler Technology Innovation Act of 1980 (15

13 U.S.C. 3701) is amended—

14 (1) in section 2(2), by inserting ‘‘greater envi15 ronmental sustainability,’’ after ‘‘employment oppor16 tunities,’’;

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

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

19 (3) in section 4, by adding at the end the fol20 lowing new paragraph:

21 ‘‘(14) ‘Sustainable economic development’

22 means the integration of environmental and eco23 nomic development concerns leading to continuous

24 and long-term economic development with reduced
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1 pollution and the more efficient use of energy and

2 materials.’’;

3 (4) in section 6(a), by inserting ‘‘and sustain4 able economic development in their regions’’ after

5 ‘‘enhance the competitiveness of American busi6 ness’’;

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

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

11 (6) in section 7(a), by inserting ‘‘and sustain12 able economic development’’ after ‘‘enhance techno13 logical innovation’’;

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

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

16 (8) in section 9(a), by inserting ‘‘and sustain17 able economic development’’ after ‘‘enhance techno18 logical innovation’’; and

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

20 enhance sustainable economic development’’ after

21 ‘‘commercial applications’’.

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

23 Standards and Technology Act (15 U.S.C. 271) is amend24 ed—
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1 (1) in section 1(b)(1), by inserting ‘‘sustainable

2 economic development,’’ after ‘‘improved product re3 liability and manufacturing processes,’’;

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

5 the following new subsection:

6 ‘‘(c) For purposes of this section, the term ‘sustain7 able economic development’ means the integration of envi8 ronmental and economic development concerns leading to

9 continuous and long-term economic development with re10 duced pollution and the more efficient use of energy and

11 materials.’’; and

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

13 sustainable economic development (as that term is

14 defined in section 1(c)),’’ after ‘‘to improve qual15 ity,’’.

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

17 National Aeronautics and Space Administration Author18 ization Act, Fiscal Year 1989 (42 U.S.C. 2451 note) is

19 amended—

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

21 ‘‘102(d)’’; and

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

23 ‘‘2451(d)’’.
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1 (d) NASA AMENDMENTS.—The National Aero2 nautics and Space Act of 1958 (42 U.S.C. 2451 note) is

3 amended—

4 (1) in section 102(d)—

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

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

7 (10), respectively; and

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

9 following new paragraph:

10 ‘‘(6) The making available to Federal and non11 Federal entities of the United States, technologies

12 that will enhance the sustainable economic develop13 ment of the Nation.’’; and

14 (2) in section 103—

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

16 and inserting a semicolon;

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

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

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

20 paragraph:

21 ‘‘(3) the term ‘sustainable economic develop22 ment’ means the integration of environmental and

23 economic development concerns leading to continu24 ous and long-term economic development with re-
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1 duced pollution and the more efficient use of energy

2 and materials.’’.

3 (e) NSF AMENDMENTS.—

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

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

6 seq.) is amended—

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

8 and inserting a semicolon;

9 (B) in paragraph (7), by striking the pe10 riod and inserting ‘‘; and’’; and

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

12 paragraph:

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

14 would promote sustainable economic development

15 nationally and internationally.’’.

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

17 of such Act is amended as follows:

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

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

20 ‘‘(g) For purposes of this Act:

21 ‘‘(1) The term’’.

22 (B) By adding after paragraph (1), as des23 ignated by subparagraph (A) of this paragraph,

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

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

6 and materials.’’.

7 Subtitle B—Environmental

8 Technology Innovation Initiative

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

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

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

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

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

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

21 Secretary of Defense, the Director of the National Science

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

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

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

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

11 section 213;

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

14 212, the information activities described in section

15 214, and the environmental technology demonstra16 tion program described in section 215, the dem17 onstration program established pursuant to section

18 218, and the international environmental technology

19 demonstration assistance provided under section

20 219; and

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

22 (c) AGREEMENTS WITH OTHER AGENCIES; ASSIST23 ANCE.—

24 (1) IN GENERAL.—To carry out a section re25 ferred to in subsection (b)(2), the Administrator
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1 may enter into an agreement with the head of an2 other Federal agency, and enter into contracts and

3 cooperative agreements with, and award grants to,

4 entities eligible for financial assistance under that

5 section.

6 (2) COMPETITIVE PROCESS.—The Adminis7 trator (or the head of a Federal agency under an

8 agreement under paragraph (1)) shall select propos9 als for financial assistance under a section referred

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

11 merit-based evaluation process.

12 (3) INTEGRATION OF INDUSTRY AND OTHER

13 VIEWS.—The Administrator (or the head of a Fed14 eral agency under an agreement under paragraph

15 (1)) shall develop mechanisms for integrating the

16 views of representatives of industry and nonprofit

17 and other appropriate organizations into the process

18 by which proposals for financial assistance under a

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

20 and selected.

21 (d) OTHER ASSISTANCE AUTHORIZED.—The Admin22 istrator, in collaboration with the heads of other appro23 priate Federal agencies that have substantial capabilities

24 in advanced technology research and development and as

25 appropriate, may provide an entity receiving financial as-
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1 sistance under a section referred to in subsection (b)(2)

2 with any technical and other assistance, including any

3 equipment and facilities of Federal laboratories (including

4 the scientists and engineers at those laboratories), nec5 essary to carry out such section.

6 (e) ANNUAL INTERAGENCY PLAN AND REVIEW.—

7 The Administrator, in collaboration with the heads of

8 other appropriate Federal agencies (including the Sec9 retary of Commerce and the Secretary of Energy) and in

10 consultation with representatives of industry, nonprofit,

11 and other appropriate organizations, shall develop a stra12 tegic plan for the programs and activities referred to in

13 subsection (b)(2) as part of, and consistent with, the over14 all Federal environmental technology strategy established

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

16 performance of such programs and activities as part of

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

18 shall include an evaluation of—

19 (1) the success of innovations resulting from

20 such programs and activities; and

21 (2) the nature and extent of participation of so22 cially disadvantaged individuals and economically

23 disadvantaged individuals, as such terms are defined

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

25 Small Business Act (15 U.S.C. 637(a)(6)(A),(5)),
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1 respectively, including women, including an evalua2 tion of any steps taken to encourage the participa3 tion of such individuals.

4 (f) ADMINISTRATION.—

5 (1) IN GENERAL.—In administering the pro6 grams and activities referred to in subsection (b)(2),

7 the Administrator shall—

8 (A) monitor the manner in which any tech9 nologies developed as a result of the programs

10 and activities are used, and report periodically

11 to the Congress on the extent of any inter12 national transfer of these technologies;

13 (B) provide for appropriate dissemination

14 of the results of any research conducted under

15 such program and activities; and

16 (C) take any other action the Adminis17 trator considers necessary to carry out the pro18 grams and activities and to avoid unnecessary

19 duplication of effort by Federal agencies.

20 (2) APPLICABILITY OF OTHER LAW.—Para21 graphs (5), (6), (7), (8), and (11) of section 28(d)

22 of the National Institute of Standards and Tech23 nology Act (15 U.S.C. 278n(d)) shall apply to the

24 administration of the programs and activities re25 ferred to in subsection (b)(2).
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1 (3) PARTICIPATION OF SOCIALLY AND ECO2 NOMICALLY DISADVANTAGED INDIVIDUALS.—In car3 rying out the sections referred to in subsection

4 (b)(2), the Administrator shall encourage the par5 ticipation of socially disadvantaged individuals and

6 economically disadvantaged individuals, as such

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

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

9 637(a)(6)(A),(5)), respectively, including women.

10 (g) ECONOMICALLY DEPRESSED AREAS.—The Ad11 ministrator, in collaboration with the heads of other ap12 propriate Federal agencies, shall seek to ensure that enti13 ties eligible for assistance under a section referred to in

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

15 Administrator to have a depressed economy, or a signifi16 cant concentration of defense-related industries, or chron17 ically high unemployment, are notified of the assistance

18 made available under that section and, to the extent prac19 ticable, to encourage and facilitate the participation of

20 such entities in activities for which assistance is provided

21 under that section.

22 (h) LIMITATION ON CONSTRUCTION OF FACILI23 TIES.—The Administrator may not provide financial as24 sistance to an entity under this section for the construc25 tion of facilities.
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1 (i) MANAGEMENT.—The Administrator shall pre2 scribe any regulations necessary to carry out each section

3 referred to in subsection (b)(2), including regulations—

4 (1) prescribing the form, time, and manner in

5 which proposals for financial assistance under such

6 section shall submitted; and

7 (2) providing consideration of in-kind contribu8 tions by a non-Federal Government entity participat9 ing in a program or activity conducted under such

10 section for the purpose of determining the share of

11 the costs of participating in the program or activity

12 that have been or are being undertaken by that en13 tity.

14 SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY

15 PROGRAM.

16 (a) ESTABLISHMENT.—The Administrator, in col17 laboration with the heads of other appropriate Federal

18 agencies (including the Secretary of Commerce, the Sec19 retary of Energy, and the Secretary of Defense), shall con20 duct an interagency innovative environmental technology

21 program to develop or demonstrate advanced

22 precommercial environmental technologies and which, to

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

24 and consistent with, the overall Federal environmental

25 strategy established in section 201.
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1 (b) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An

2 entity shall be eligible for financial assistance to conduct

3 a demonstration or development project under the pro4 gram established under subsection (a) only if the entity

5 is either a single United States company or a partnership

6 which—

7 (1) includes two or more United States compa8 nies; and

9 (2) may include, as determined appropriate by

10 the Administrator, a Federal laboratory or labora11 tories, United States nonprofit organizations, United

12 States institutions of higher education, agencies of

13 States governments, and other entities that partici14 pate in the partnership by supporting the activities

15 conducted by such companies or corporations under

16 this section.

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

18 Administrator shall give priority consideration to the fol19 lowing criteria in evaluating proposals for financial assist20 ance under this section:

21 (1) Contribution to the priorities established

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

23 (2) Significant improvement in environmental

24 soundness of the production process.
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1 (3) Contribution to industrial competitiveness,

2 including new markets, reduced production costs,

3 and enhanced global competitiveness.

4 (4) Improvement in the environment of the

5 workplace.

6 (5) Applicability to other industrial processes.

7 (6) Improvement in technological capability to

8 recycle complex combinations of materials.

9 (7) Innovative application of post-consumer ma10 terials.

11 (8) Direct application to environmental tech12 nologies needed for United States business and in13 dustry.

14 (9) Other criteria established by the Adminis15 trator.

16 (d) AWARD CONDITIONS.—Financial assistance pro17 vided under this section shall be subject to the following

18 conditions:

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

20 than five years for single United States companies

21 and not more than five years for partnerships.

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

23 Federal Government may provide financial assist24 ance to an entity under this section in an amount
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1 that is not more than a minority share of the cost

2 of the project conducted by the partnership.

3 (3) The Federal share of the cost of a project

4 conducted by a partnership under this section may

5 exceed the limitation described in paragraph (2) if

6 the partnership is composed entirely of small busi7 ness concerns.

8 (4) The Administrator has determined that—

9 (A) an applicant for any such assistance

10 has made reasonable efforts to obtain non-Fed11 eral funding for the Federal cost share sought

12 to be received under this section; and

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

14 reasonably obtained.

15 (5) Each project under this section shall be car16 ried out under such terms and conditions as the Ad17 ministrator shall require to ensure the protection of

18 human health and the environment.

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

20 referred to in section 211(e), the Administrator shall con21 duct an evaluation of—

22 (1) the extent to which technologies developed

23 pursuant to the program established under sub24 section (a) are used;
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1 (2) the contribution of such technologies to re2 duced pollution and the more efficient use of energy

3 and materials; and

4 (3) the contribution of such technologies to eco5 nomic development.

6 (f) RECOUPMENT.—

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

8 after the date of the enactment of this Act, the Ad9 ministrator shall establish procedures and criteria

10 for recoupment in connection with any project, for

11 which financial assistance is provided under this sec12 tion, which has led to the development of a product

13 or process which is marketed or used.

14 (2) REQUIREMENT AS CONDITION FOR

15 AWARD.—

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

17 subparagraph (B), such recoupment shall be re18 quired as a condition for the provision of finan19 cial assistance under this section, shall be pro20 portional to the Federal share of the cost of the

21 project, and shall be derived from the proceeds

22 of royalties or licensing fees received in connec23 tion with such product or process.

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

25 or process which is used by the recipient of fi-
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1 nancial assistance under this section for the

2 production and sale of its own products or proc3 esses, the recoupment shall consist of a pay4 ment equivalent to the payment which would be

5 made under subparagraph (A).

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

7 time waive or defer all or some of the recoupment

8 requirements of this subsection as necessary, de9 pending on—

10 (A) the commercial competitiveness of the

11 entity or entities developing or using the prod12 uct or process;

13 (B) the profitability of the project; and

14 (C) the commercial viability of the product

15 or process used.

16 SEC. 213. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

17 AWARD AND THE NATIONAL ENVIRON18 MENTALLY SOUND TECHNOLOGY AWARD.

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

20 (1) Award programs such as the Malcolm

21 Baldrige National Quality Award Program have

22 made substantial contributions to private enterprise

23 by providing a framework upon which organizations

24 can improve their operations and by focusing on is25 sues important to their competitiveness.
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1 (2) A President’s Total Environmental Quality

2 Award Program modeled on the Malcolm Baldrige

3 National Quality Award Program would contribute

4 to environmental quality and sustainable economic

5 development by—

6 (A) helping to stimulate United States

7 companies to research, develop, and dem8 onstrate environmental technologies;

9 (B) recognizing the achievements of such

10 companies which successfully research, develop,

11 and demonstrate environmental technologies;

12 and

13 (C) establishing guidelines and criteria

14 that can be used by business, industrial, gov15 ernmental, and other organizations in evaluat16 ing their own research, development, and dem17 onstration of environmental technologies.

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

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

20 Total Environmental Quality Award Program and a Na21 tional Environmentally Sound Technology Award Pro22 gram under which awards are given to recognize the suc23 cessful research, development, and demonstration of envi24 ronmental technologies, and information is disseminated

25 about such success.
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1 (c) ESTABLISHMENT OF AWARDS.—The Stevenson2 Wydler Technology Innovation Act of 1980 (15 U.S.C.

3 3701 et seq.) is amended by inserting after section 23 the

4 following new sections:

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

6 AWARD.

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

8 the President’s Total Environmental Quality Award (in

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

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

11 medal bearing the inscription ‘President’s Total Environ12 mental Quality Award’.

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

14 in collaboration with the Secretary of Energy, the Admin15 istrator of the Environmental Protection Agency, and the

16 Secretary of Defense, shall establish a process for the ac17 ceptance and evaluation of Award applicants. The Sec18 retary shall, to the extent practicable, refer to the proce19 dures used in the administration of the Malcolm Baldrige

20 National Quality Award, including the definition of award

21 categories, the delegation of responsibilities, and provi22 sions for publicity, evaluation feed-back, and information

23 transfer, as a model for the President’s Total Environ24 mental Quality Award.

25 ‘‘(d) PRESENTATION OF AWARD.—
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1 ‘‘(1) RECOMMENDATIONS BY SECRETARY.—The

2 Secretary shall submit to the President, and make

3 available to the public, the recommendations of the

4 Secretary for the selection of Award applicants.

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

6 basis of recommendations received under paragraph

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

8 of the Award United States companies and other or9 ganizations which in the judgment of the President

10 have substantially benefited the environmental, eco11 nomic, and social well-being of the United States

12 through the research, development, and demonstra13 tion of environmental technologies and the effective

14 integration of environmental concerns into its oper15 ations and management, and which as a consequence

16 are deserving of special recognition.

17 ‘‘(3) PRESENTATION CEREMONY.—The Presi18 dent or the Vice President shall present the Award

19 to recipients selected under paragraph (2) with such

20 ceremony as the President or the Vice President

21 considers to be appropriate.

22 ‘‘(e) LIMITATION.—The information gathered in eval23 uating Award applications may be used only for the eval24 uation of such applications and for publicity by winners
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1 of the Award. Such information may not be used for regu2 latory or compliance purposes.

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

4 Award applications shall include the following:

5 ‘‘(1) The effectiveness of the organization’s de6 velopment and demonstration of environmental tech7 nologies, as well as the organization’s provision for

8 environmental technologies in its future plans.

9 ‘‘(2) The effectiveness of the integration of en10 vironmental concerns into the operations and man11 agement of the organization.

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

13 use from the perspective of the life-cycle of the pro14 duction, use, recycle, and disposal of a product.

15 ‘‘(4) The effective use of an integrated ap16 proach to pollution prevention and control that con17 siders all environmental media (liquid, solid, gase18 ous).

19 ‘‘(5) The overall environmental performance of

20 the organization, including environmental compli21 ance.

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

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

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

25 section. The Secretary shall annually make available to the
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1 public a list of any such gifts and the sources of the gifts.

2 The Secretary may provide for the imposition of a fee

3 upon the organizations applying for the Award.

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

5 of the enactment of the Environmental Technologies Act

6 of 1994 and biennially thereafter, the Secretary shall sub7 mit to the President and the Congress a report on the

8 progress made in carrying out this section, including a re9 port on any indications that the Award has influenced the

10 practices of United States companies and other organiza11 tions. The report shall include any recommendations of

12 the Secretary for any modifications of the Award the Sec13 retary considers necessary.

14 ‘‘SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECH15 NOLOGY AWARD.

16 ‘‘(a) ESTABLISHMENT.—There is established a Na17 tional Environmentally Sound Technology Award for the

18 purpose of awarding individuals who have pioneered the

19 development and use of highly innovative environmental

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

21 Environmental Technologies Act of 1994.

22 ‘‘(b) ADMINISTRATION.—Using the authority and

23 procedures established in section 24 and subject to the

24 conditions described in this section, the Secretary, in col25 laboration with the Administrator of the Environmental
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1 Protection Agency and the Secretary of Energy, shall re2 ceive and evaluate applications for the National Environ3 mentally Sound Technology Award and provide for presen4 tation of such Award.

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

6 qualify for such Award may include the following:

7 ‘‘(1) Manufacturing technologies.

8 ‘‘(2) Industrial or consumer products.

9 ‘‘(3) Consumer services.

10 ‘‘(4) Recycling technologies.

11 ‘‘(5) Pollution monitoring and control tech12 nologies.

13 ‘‘(6) Pollution remediation technologies.

14 ‘‘(7) Other technologies as appropriate.

15 ‘‘(d) QUALIFIED APPLICANTS.—Any citizen or per16 manent resident of the United States may qualify for such

17 Award. Any such individual who is employed by or other18 wise works for a business, Federal laboratory, or other or19 ganization may qualify for such Award only if the individ20 ual was substantially involved in the invention or innova21 tion for which such Award is presented.

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

23 may be presented annually.

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

25 of the enactment of the Environmental Technologies Act
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1 of 1994 and biennially thereafter, the Secretary shall sub2 mit to the Congress a report on the progress made in car3 rying out this section. The report shall contain an evalua4 tion of the performance of such Award, including an as5 sessment of the extent to which the public recognizes such

6 Award and such Award encourages innovation of environ7 mental technologies.’’.

8 SEC. 214. INCORPORATION OF INFORMATION ON ENVIRON9 MENTAL TECHNOLOGIES INTO EXISTING

10 NETWORKS.

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

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

13 through the Office of Research and Development of the

14 Environmental Protection Agency and in collaboration

15 with the Under Secretary for Technology of the Depart16 ment of Commerce and the heads of any other appropriate

17 Federal agencies, shall, to the maximum extent prac18 ticable, use existing information network capabilities of

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

20 the overall Federal environmental technology strategy es21 tablished in section 201 to provide coordinated access to

22 data on environmental technologies or protocols developed,

23 tested, verified, or certified under programs established by

24 this Act, and by other appropriate Federal and non-Fed25 eral sources. Such data shall include—
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1 (1) information on—

2 (A) activities carried out under this Act

3 and the amendments made by this Act;

4 (B) performance standards regarding envi5 ronmental technologies;

6 (C) significant international developments

7 in environmental technologies, fully coordinat8 ing with other international technology informa9 tion programs of the Federal Government; and

10 (D) cost-effectiveness and performance of

11 environmental technologies; and

12 (2) other information determined by the Admin13 istrator to be of substantial value in promoting the

14 research, development, and demonstration of envi15 ronmental technologies.

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

17 this section, the Administrator shall, to the maximum ex18 tent practicable—

19 (1) use existing public and private sector infor20 mation providers and carriers; and

21 (2) coordinate with the heads of other appro22 priate Federal agencies to make data described in

23 subsection (a) accessible through appropriate

24 database systems of those Federal agencies.
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1 (c) OUTREACH.—The Administrator, through the Of2 fice of Research and Development of the Environmental

3 Protection Agency and in collaboration with the Under

4 Secretary for Technology of the Department of Commerce

5 and the heads of any other appropriate Federal agencies,

6 shall conduct outreach efforts to advertise, deliver, and

7 disseminate the information made available pursuant to

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

9 shall consult with United States industrial associations

10 and take appropriate action to ensure access to such infor11 mation by industrial assistance organizations and pro12 grams supported by a State or local government, a non13 profit organization in which a State or local government

14 is a member, an institution of higher education designated

15 by a State or local government, a manufacturing extension

16 and outreach service or regional technical assistance serv17 ice approved by the Federal Government, or a Federal lab18 oratory.

19 (d) EVALUATION AND REPORT.—As part of the an20 nual evaluation referred to in section 211(e), the Adminis21 trator shall conduct an evaluation of the extent to which

22 the data provided pursuant to this section are used.
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1 SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRON2 MENTAL TECHNOLOGY DEMONSTRATION.

3 (a) ESTABLISHMENT.—The Administrator shall es4 tablish a program, in collaboration with the heads of ap5 propriate Federal agencies (including the Secretary of En6 ergy, the Secretary of Commerce, and the Secretary of De7 fense) as part of, and consistent with, the overall Federal

8 environmental technology strategy established in section

9 201, to demonstrate the performance of environmental

10 technologies at Federal laboratories and other Federal fa11 cilities.

12 (b) QUALIFYING TECHNOLOGY DEMONSTRATION

13 PROJECTS.—Technologies that qualify for demonstration

14 under such program include—

15 (1) environmental technologies that can be ap16 plied to a major pollution control or remediation

17 need at a Federal laboratory or other Federal facil18 ity;

19 (2) environmental technologies the development

20 of which would be significantly advanced by unique

21 facilities or capabilities of a Federal laboratory or

22 other Federal facility; and

23 (3) other environmental technologies that have

24 significant potential as an environmental technology

25 that will contribute to sustainable economic develop26 ment or that will make a significant contribution to
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1 the cleanup of communities significantly affected by

2 pollution.

3 (c) ADMINISTRATION.—As part of the program estab4 lished under this section, the Administrator—

5 (1) may enter into a cooperative agreement

6 with any other Federal agency to make available, as

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

8 jurisdiction of such agency to an eligible entity

9 under subsection (d) for the purpose of demonstrat10 ing the performance of an environmental technology;

11 (2) shall establish application procedures for an

12 eligible entity under subsection (d) to apply to dem13 onstrate an environmental technology at an available

14 site or facility, including—

15 (A) provisions for sharing the cost of dem16 onstrating the technology with an applicant

17 that limit the Federal share of the cost to not

18 more than 50 percent of the total cost of dem19 onstrating the technology; and

20 (B) provisions that provide special consid21 eration of the needs of small business concerns;

22 (3) shall establish criteria for verification of the

23 efficacy of demonstrated environmental technologies;
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1 (4) shall establish specific procedures for the

2 management and oversight of demonstration activi3 ties conducted under this section;

4 (5) shall, pursuant to section 214, in consulta5 tion and collaboration with other Federal agencies,

6 and consistent with the Federal environmental tech7 nology strategy established in section 201, make

8 available for entities eligible under subsection (d) in9 formation regarding—

10 (A) the facilities and expertise available at

11 Federal laboratories that would be valuable to

12 the demonstration of environmental tech13 nologies; and

14 (B) sites at Federal laboratories or other

15 Federal facilities potentially available for dem16 onstrating environmental technologies, charac17 terized by specific site characteristics, including

18 site geology and site contaminants where appro19 priate;

20 (6) shall document the performance and cost

21 characteristics of each environmental technology

22 demonstrated pursuant to this section; and

23 (7) shall list and disseminate, pursuant to sec24 tion 214, nonproprietary information regarding the

25 performance and cost characteristics of the environ-
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1 mental technologies demonstrated pursuant to this

2 section.

3 (d) ENTITIES ELIGIBLE FOR PARTICIPATION.—Enti4 ties eligible to carry out a demonstration project as part

5 of the program established under subsection (a) are Unit6 ed States companies (including small business concerns),

7 United States nonprofit organizations, United States in8 stitutions of higher education, and other entities that the

9 Administrator considers appropriate.

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

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

12 evaluate the performance of the program established

13 under this section, including an evaluation and statement

14 of—

15 (1) the number of environmental technologies

16 demonstrated and the type of problems addressed;

17 (2) the Federal and non-Federal financial re18 sources committed to the program; and

19 (3) the extent to which technologies dem20 onstrated pursuant to this section are used.

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

22 shall be construed to supersede any other provision of law

23 that provides authority to a Federal agency to dem24 onstrate environmental technologies. Technologies eligible

25 for demonstration under this section that are also eligible
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1 for demonstration at sites under section 311(b) of the

2 Comprehensive Environmental Response, Compensation,

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

4 subject to the limitations and requirements of that section.

5 Demonstration projects and activities under this section

6 shall not alter or interfere with the conduct or expeditious

7 completion of response actions at facilities proposed for

8 or listed on the National Priorities List.

9 SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN

10 ENVIRONMENTAL TECHNOLOGIES.

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

12 agreement with the National Research Council to conduct

13 a study of the influences on technological innovation in

14 environmental technologies of economic, governmental,

15 competitive, financial, and other incentives and barriers.

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

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

18 the National Research Council complete a report describ19 ing the results of the study referred to in such subsection

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

21 of this Act. The report shall identify specific incentives

22 for and barriers to technological innovation and describe

23 the reasons for the positive or negative influences identi24 fied. The Administrator shall submit the report to the

25 Congress within 30 days after receiving the report from
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1 the National Research Council. Nothing in this section

2 may be construed as authorizing the reprogramming of

3 funds for such an agreement.

4 SEC. 217. DISCLAIMER.

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

6 Act, shall be construed by the Administrator or the Sec7 retary of Energy, or any officer or employee of the Envi8 ronmental Protection Agency or the Department of En9 ergy, or by any court as altering, affecting, supplanting,

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

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

12 Act referred to, and provided authorities or responsibilities

13 for, or was administered by, the Environmental Protection

14 Agency or the Department of Energy or the Administrator

15 of the Environmental Protection Agency or the Secretary

16 of Energy.

17 SEC. 218. ENVIRONMENTALLY EFFICIENT BUILDING MATE18 RIALS.

19 (a) DEMONSTRATION OF ENVIRONMENTALLY EFFI20 CIENT MATERIALS.—Not later than 90 days after the date

21 of the enactment of this Act, the Administrator, in co22 operation with the Administrator of General Services, and

23 the heads of other appropriate agencies, may establish a

24 3-year demonstration program to promote research on,

25 and development of, environmentally efficient building ma-
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1 terials, including the use of such materials in the construc2 tion of new Federal facilities and buildings and in existing

3 Federal facilities and buildings.

4 (b) CHARACTERISTICS OF MATERIALS.—In selecting

5 environmentally efficient building materials under the

6 demonstration program, the Administrator shall give pri7 ority to those materials that most cost-effectively maxi8 mize the conservation and preservation of natural re9 sources.

10 (c) PERFORMANCE VERIFICATION.—Before using en11 vironmentally efficient building materials under this sec12 tion, the Administrator, in cooperation with the Adminis13 trator of General Services and the heads of other appro14 priate agencies (including the Director of the National In15 stitute of Standards and Technology), shall verify,

16 through support of appropriate tests and using, to the

17 maximum extent practicable, existing Federal capabilities,

18 that such materials—

19 (1) are cost-competitive with comparable, more

20 conventional materials on a life-cycle cost basis; and

21 (2) meet applicable Federal environmental, pub22 lic health, safety, and energy efficiency standards.

23 (d) RESEARCH AND DEVELOPMENT.—The Adminis24 trator may support the research, development and dem25 onstration of environmentally efficient materials that show
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1 substantial promise for use in buildings. Paragraphs (2),

2 (3), and (5) of section 212(d) shall apply to support pro3 vided under this subsection.

4 (e) GUIDELINES.—The Administrator shall cooperate

5 with the Administrator of General Services and the heads

6 of other agencies to ensure that, where applicable, the re7 sults of the activities conducted pursuant to subsection (a)

8 are incorporated into guidelines developed by appropriate

9 Federal agencies for the use of environmentally efficient

10 building materials.

11 (f) REPORT.—Not later than 60 days after comple12 tion of the demonstration program, the Administrator

13 shall submit to the Congress a report on the implementa14 tion of the demonstration program. The report shall in15 clude the following:

16 (1) A listing of the type and quantities of envi17 ronmentally efficient building materials tested, devel18 oped, and used.

19 (2) A statement of the cost and performance of

20 such materials compared to comparable, more con21 ventional materials.

22 (3) An assessment of the extent to which the

23 use of such materials can be expanded beyond the

24 scope of the demonstration program.
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1 (4) An assessment of the extent to which re2 search on, and development of, such materials oc3 curred as a result of the demonstration program and

4 the extent to which further support is needed to

5 stimulate such research and development.

6 (g) INTEGRATION OF OTHER VIEWS.—In carrying

7 out this section, the Administrator, in cooperation with the

8 Administrator of General Services, shall develop mecha9 nisms for integrating the views of other agencies that

10 carry out major construction programs, including the

11 Army Corps of Engineers and the Veterans Administra12 tion, and representatives of the environmental community,

13 the construction industry (including small business), man14 ufacturing companies (including small businesses) that

15 produce environmentally efficient materials, and the sci16 entific and technical community.

17 (h) PREEMPTION.—Nothing in this section is in18 tended to preempt any provision of law of a State or a

19 political subdivision of a State that is more restrictive than

20 a provision of this Act.

21 (i) DEFINITIONS.—For purposes of this section:

22 (1) The term ‘‘agency’’ means an Executive

23 agency as defined under section 105 of title 5, Unit24 ed States Code, and any agency of the judicial or

25 legislative branch of the Federal Government.
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1 (2) The term ‘‘environmentally efficient mate2 rials’’ means any recycled, recovered, reclaimed, or

3 reused material whose production, manufacture, fab4 rication, and use conserves and preserves natural re5 sources when compared to the production, manufac6 ture, fabrication, and use of comparable, more con7 ventional materials.

8 (3) The term ‘‘environmentally efficient build9 ing materials’’ means any environmentally efficient

10 material which may be used in the construction of

11 a building or facility.

12 (4) The term ‘‘construction’’ with respect to

13 any project under construction under this section,

14 means the erection or building of new structures or

15 the replacement, expansion, remodeling, alteration,

16 or modernization of existing structures.

17 SEC. 219. INTERNATIONAL ENVIRONMENTAL TECHNOLOGY

18 DEMONSTRATION ASSISTANCE.

19 The Administrator may enter into agreements with

20 the heads of other appropriate agencies that support the

21 export of technologies to provide support for demonstrat22 ing the technical and economic feasibility of innovative en23 vironmental technologies substantially manufactured in

24 the United States and used in other nations. Nothing in

25 this section shall be applicable if the President determines
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1 that any provision of this section is actionable under the

2 General Agreements on Tariffs and Trade, or any other

3 international agreement to which the United States is a

4 party.

5 Subtitle C—Other Research

6 Activities

7 SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING

8 RESEARCH.

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

10 Science Foundation shall take appropriate actions to sup11 port research activities that will advance the integration

12 of engineering practices and environmental protection in

13 the development of advanced technologies.

14 (b) INTERAGENCY COLLABORATION.—The Director

15 of the National Science Foundation shall collaborate with

16 the heads of other appropriate Federal agencies, including

17 the Administrator, in carrying out this section.

18 (c) INTEGRATION OF INFORMATION.—The Director

19 of the National Science Foundation shall, to the maximum

20 extent practicable, provide for the dissemination of infor21 mation developed as a result of the research activities re22 ferred to in subsection (a) through education activities of

23 the Foundation and through the information dissemina24 tion activities developed pursuant to section 214.
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1 TITLE III—PERFORMANCE

2 MEASUREMENTS

3 SEC. 301. PERFORMANCE MEASUREMENTS.

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

5 through the Director of the National Institute of Stand6 ards and Technology, in collaboration with the Adminis7 trator and the heads of other appropriate Federal agen8 cies, in consultation with non-Federal standards organiza9 tions, and as part of, and consistent with, the overall Fed10 eral environmental technology strategy established in sec11 tion 201, shall establish a program to support the clari12 fication of measurements of performance—

13 (1) for environmental technologies (not includ14 ing technologies primarily intended to improve the

15 quality of the environment through pollution control,

16 pollution remediation, pollution monitoring, and dis17 posal), to clarify performance and substitutability

18 for conventional technologies and for the fair evalua19 tion of performance claims regarding such environ20 mental technologies; and

21 (2) to develop appropriate standard reference

22 materials required to implement paragraph (1).

23 (b) EXISTING NON-FEDERAL PROGRAMS.—In devel24 oping the program established in subsection (a), the Direc25 tor of the National Institute of Standards and Technology
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1 shall, to the maximum extent practicable, coordinate ef2 forts under such program with existing non-Federal stand3 ards activities that affect the environmental technologies

4 covered by subsection (a)(1).

5 (c) COORDINATION WITH OTHER FEDERAL AGEN6 CIES.—The Secretary of Commerce, through the Director

7 of the National Institute of Standards and Technology,

8 shall coordinate with the heads of other appropriate Fed9 eral agencies to ensure, to the maximum extent prac10 ticable, the use of the best available scientific and tech11 nical information in the evaluation of environmental per12 formance claims by such agencies.

13 (d) GLOSSARY OF TERMS.—The Secretary of Com14 merce, through the Director of the National Institute of

15 Standards and Technology, shall work with the heads of

16 appropriate Federal agencies and private-sector standards

17 organizations to facilitate the development and mainte18 nance of a glossary of standard definitions of terms used

19 in the evaluation of environmental performance claims.

20 (e) INTERNATIONAL HARMONIZATION.—The Sec21 retary of Commerce, through the Director of the National

22 Institute of Standards and Technology, shall work with

23 domestic and international standards organizations to en24 sure harmonization of domestic performance measure-
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1 ments with international performance measurements con2 sistent with applicable Federal and State laws.

3 SEC. 302. VERIFICATION OF ENVIRONMENTAL TECH4 NOLOGIES.

5 (a) DESIGNATION OF ENTITIES TO PERFORM ENVI6 RONMENTAL TECHNOLOGY VERIFICATION.—The Admin7 istrator may, in accordance with this section and as part

8 of, and consistent with, the overall Federal environmental

9 technology strategy developed in section 201, designate

10 entities to perform the functions described in paragraphs

11 (1) through (3) of subsection (b). The Administrator may

12 enter into joint agreements with Federal agencies, State

13 and local governments, and nonprofit, private-sector rep14 resentatives to support entities designated by the Adminis15 trator under this section.

16 (b) FUNCTIONS.—Each entity designated under sub17 section (a)—

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

19 extent practicable, certify the performance, cost-ef20 fectiveness, and ecological benefits of environmental

21 technologies;

22 (2) shall disseminate information on the charac23 teristics referred to in paragraph (1), including in24 formation that describes whether each environmental

25 technology evaluated and verified—
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1 (A) meets the performance criteria of ap2 plicable law (including regulations issued by the

3 Administrator) under tested conditions at com4 parable or lower costs than other existing envi5 ronmental technologies; and

6 (B) constitutes a significant advance in the

7 development of environmental technologies with

8 broad applicability;

9 (3) shall submit to the Administrator data and

10 other information compiled by the entity with re11 spect to each environmental technology verified and

12 evaluated by the entity under this section; and

13 (4) may use support provided under this section

14 to develop technologies necessary for effective ver15 ification and evaluation under paragraph (1) and

16 may charge appropriate fees for such verification

17 and evaluation.

18 (c) REVIEW BY ADMINISTRATOR.—After receiving

19 data and other information from an entity designated

20 under subsection (a) with respect to an environmental

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

22 shall conduct appropriate review of the data, other infor23 mation, and protocols developed by such entity with re24 spect to such technology.
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1 (d) ADMINISTRATION.—In carrying out this section,

2 the Administrator shall—

3 (1) by rule establish competitive procedures for

4 soliciting applications for and selecting, pursuant to

5 criteria referred to in subsection (e), entities to per6 form functions described in subsection (b) and, as

7 appropriate, designate model entities;

8 (2) by rule establish eligibility criteria for enti9 ties to be designated under this section;

10 (3) in collaboration with the heads of other ap11 propriate Federal agencies, including the Director of

12 the National Institute of Standards and Technology,

13 certify, and as appropriate, develop common proto14 cols to evaluate the cost and performance of environ15 mental technologies;

16 (4) make generally available through guidance

17 manuals or other appropriate methods information

18 regarding testing protocols for environmental tech19 nologies and establish a regular process for approv20 ing and updating such protocols;

21 (5) ensure that information regarding environ22 mental technologies verified and evaluated under this

23 program is disseminated pursuant to section 214;

24 (6) develop mechanisms to facilitate the ver25 ification of—
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1 (A) environmental technologies developed

2 or demonstrated by small business concerns,

3 nonprofit organizations, and United States in4 stitutions of higher education; and

5 (B) environmental technologies that pro6 vide source reduction; and

7 (7) consult with the heads of other Federal

8 agencies to make available, through cooperative

9 agreements with the entities designated under this

10 section, sources and expertise of Federal laboratories

11 for use by such entities in performing the functions

12 described in subsection (b).

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

14 consultation with the heads of other Federal agencies,

15 State and local governments, and private sector organiza16 tions, shall select entities under this section based on the

17 following criteria:

18 (1) The capabilities of the applicant to provide

19 a thorough and credible technical and financial eval20 uation of environmental technologies.

21 (2) The clarity and efficiency of the proposed

22 procedures for the receipt and review of applications

23 for technology verification.

24 (3) The likelihood of the continued viability of

25 the entity.
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1 (4) The existence of a plan for disseminating

2 nonproprietary information regarding technologies

3 verified by the entity.

4 (5) The capability of the applicant to conduct

5 evaluations of technologies that address priority en6 vironmental concerns consistent with the priorities

7 established in section 201 of this Act, including geo8 graphic areas that have been designated as non9 attainment areas under section 107(d)(1)(A)(i) of

10 the Clean Air Act (42 U.S.C. 7407(d)(1)(A)(i)).

11 (6) Other criteria that the Administrator con12 siders appropriate.

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

14 supported under this section shall be selected only through

15 a merit-based selection process, established by the Admin16 istrator, pursuant to the criteria described in subsection

17 (e).

18 (g) AUTHORITY OF ADMINISTRATOR.—The Adminis19 trator may, consistent with applicable provisions of law

20 and this section, enter into cooperative agreements and

21 contracts to carry out this section.

22 (h) DIRECT VERIFICATION.—If the Administrator

23 determines that entities designated under this section can24 not adequately verify the performance of environmental

25 technologies because of scale or complexity, the Adminis-
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1 trator may, consistent with applicable provisions of law

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

3 performance of such technologies.

4 (i) REVIEW.—

5 (1) IN GENERAL.—Any action by the Adminis6 trator to verify or evaluate a technology (or to re7 view a verification or evaluation) under this section

8 shall not constitute a final action by the Adminis9 trator and shall not be subject to judicial review.

10 (2) FAILURE TO COMPLY.—If a technology veri11 fied, evaluated, or reviewed pursuant to this section

12 fails to comply with any applicable law (including

13 regulations issued by the Administrator), the ver14 ification, evaluation, or confirmation shall not con15 stitute a defense in an enforcement action or suit

16 and shall not create a cause of action against the

17 Environmental Protection Agency.

18 (3) DISCLAIMER.—Nothing in this section may

19 be construed to authorize the Administrator to grant

20 a seal of approval of any kind for any entity or tech21 nology, to create any competitive advantage or dis22 advantage for any entity, to authorize the Adminis23 trator to require any person to install or use any

24 technology pursuant to any program administered by

25 the Environmental Protection Agency, or to des-
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1 ignate any technology as meeting a regulatory re2 quirement.

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

4 with the heads of other appropriate Federal agencies, and

5 industry, nonprofit, and other appropriate organizations,

6 shall annually submit to the Congress a report that evalu7 ates the implementation of this section. The report shall

8 include a description of the technologies verified pursuant

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

10 and the extent of their use.

11 SEC. 303. USE OF CERTAIN ENVIRONMENTAL TECH12 NOLOGIES BY THE FEDERAL GOVERNMENT.

13 (a) ESTABLISHMENT.—In any program of the Presi14 dent for evaluating, prioritizing, and approving the pur15 chase by the Federal Government of environmental tech16 nologies, the President shall, consistent with applicable

17 procurement laws, consider for such program any per18 formance measurements for environmental technologies as

19 may have been developed by the Secretary of Commerce

20 pursuant to section 301(a).

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

22 enactment of this Act and annually thereafter, the Presi23 dent shall submit to the Congress a report describing the

24 progress made in carrying out this section and plans for
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1 carrying out this section for the three years immediately

2 following the year in which the report is submitted.

3 TITLE IV—DEPARTMENT OF EN4 ERGY ENVIRONMENTAL

5 TECHNOLOGY DEVELOPMENT

6 SEC. 401. ENVIRONMENTAL RESTORATION AND WASTE

7 MANAGEMENT TECHNOLOGY DEVELOPMENT.

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

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

10 research, development, and demonstration on—

11 (1) new and improved technologies for environ12 mental restoration and waste management (includ13 ing waste minimization);

14 (2) training for environmental technicians, engi15 neers, and scientists; and

16 (3) technologies for reducing worker exposure

17 to radioactivity in association with site remediation.

18 In carrying out this section, the Secretary shall appro19 priately consider the strategic plan submitted under sec20 tion 201.

21 (b) IMPLEMENTATION AUTHORITY.—In implement22 ing this section, the Secretary may award grants to, and

23 enter into contracts, cooperative agreements, and other

24 appropriate arrangements with institutions of higher edu-
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1 cation, industry, the National Laboratories, and other

2 Federal agencies.

3 (c) COORDINATION WITH INITIATIVE.—The Sec4 retary shall ensure that the activities conducted pursuant

5 to this section are appropriately coordinated with the ac6 tivities conducted pursuant to the Environmental Tech7 nologies Innovation Initiative established under section

8 211.

9 (d) COORDINATION WITH CERTAIN OTHER ACTIVI10 TIES.—The Secretary shall coordinate activities under this

11 section with activities conducted by the Secretary of Labor

12 under the new technology program referred to in section

13 126(b)(9) of the Superfund Amendment and Reauthoriza14 tion Act of 1986 and by the hazardous substance research

15 development and demonstration centers established pursu16 ant to subsections (l) and (o) of section 118 of such Act.

17 Nothing in this section may be construed to affect the obli18 gation of the Secretary of Energy to comply with section

19 126 of such Act.

20 SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.

21 (a) ESTABLISHMENT.—The Secretary shall establish

22 a program to demonstrate the technological and economic

23 feasibility of recycling and reusing radioactively

24 uncontaminated and decontaminated metals and equip25 ment, and of other waste minimization techniques. Under
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1 the program, the Secretary shall analyze the extent to

2 which sufficient private sector commitment to provide de3 contamination services and to purchase uncontaminated

4 and decontaminated metals and equipment either exists

5 or can be generated to support such a program of recy6 cling and reuse.

7 (b) SCOPE.—The demonstration program established

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

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

10 National Laboratories or former nuclear weapons produc11 tion facilities, and shall be of sufficient scope, and shall

12 include an appropriate variety of materials, to dem13 onstrate the feasibility of recycling and reusing radio14 actively uncontaminated and decontaminated metals and

15 equipment at all National Laboratories and former nu16 clear weapons production facilities. Such demonstration

17 program shall be carried out for a period of 3 years.

18 (c) DECONTAMINATION TECHNOLOGIES.—In the

19 course of carrying out the demonstration program, the

20 Secretary shall seek to promote the development of decon21 tamination technologies.

22 (d) IMPLEMENTATION AUTHORITY.—In implement23 ing this section, the Secretary may award grants to, and

24 enter into contracts, cooperative agreements, and other

25 appropriate arrangements with institutions of higher edu-
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1 cation, industry, the National Laboratories, and other

2 Federal agencies.

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

4 demonstration program, the Secretary shall seek to dem5 onstrate the technological and economic feasibility of using

6 only materials owned by the Department of Energy on the

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

8 dispose of radioactively contaminated metals and equip9 ment.

10 (f) REPORTS TO CONGRESS.—

11 (1) REQUIREMENT.—The Secretary shall—

12 (A) annually during the course of the dem13 onstration program established under this sec14 tion, report to the Congress on the progress

15 made in the previous year under such program;

16 and

17 (B) within 6 months after the completion

18 of such demonstration program, transmit a

19 final report to the Congress on the results of

20 the program.

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

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

23 (A) the findings of the Secretary on the

24 success of the demonstration program at

25 achieving its purposes under this section;
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1 (B) a comparison of recycling and reusing

2 radioactively contaminated metals and equip3 ment with the alternative of containing and dis4 posing of such metals and equipment;

5 (C) the quantitative assessment described

6 in paragraph (3) of this subsection; and

7 (D) a proposal, including any recommenda8 tions for necessary legislation, for expanding

9 the demonstration program to cover radio10 actively uncontaminated and decontaminated

11 metals and equipment at all National Labora12 tories and former nuclear weapons production

13 facilities.

14 (3) QUANTITATIVE ASSESSMENT.—To enable

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

16 Secretary shall develop a quantitative estimate of—

17 (A) all metals and equipment owned by the

18 Department at the National Laboratories and

19 former nuclear weapons production facilities

20 that are not radioactively contaminated and

21 that are suitable for resale or recycling;

22 (B) all metals and equipment owned by the

23 Department at the National Laboratories and

24 former nuclear weapons production facilities

25 that have been radioactively contaminated but
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1 can be recycled or reused by the Department;

2 and

3 (C) all metals and equipment owned by the

4 Department at the National Laboratories and

5 former nuclear weapons production facilities

6 that have been radioactively contaminated but

7 can be decontaminated and may be appropriate

8 for sale to the public.

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

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

11 Secretary shall consider the full life cycle costs of

12 each alternative, including revenues or savings real13 ized and the costs of treatment, containment, stor14 age, disposal, monitoring, and replacement. Disposal

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

16 such disposal to commercial disposal companies.

17 SEC. 403. FUNDING AND AUTHORIZATION.

18 (a) RESEARCH AND DEVELOPMENT FUNDING.—The

19 Secretary shall incrementally increase the proportion of

20 the annual budget request for the Environmental Restora21 tion and Waste Management program that is attributable

22 to research and development until such proportion is at

23 least 10 percent, except that the Secretary shall ensure

24 that an increase under this subsection does not affect

25 other programs and activities of the Department of En-
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1 ergy. This subsection shall apply to budget requests begin2 ning with the budget request for the 2nd fiscal year that

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

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the

5 funds made available for the nondefense Environmental

6 Restoration and Waste Management program, there are

7 authorized to be appropriated—

8 (1) $10,000,000 for fiscal year 1995; and

9 (2) $11,500,000 for fiscal year 1996,

10 for nondefense research and development activities of the

11 Office of Technology Development, including the advanced

12 robotics program, for the development of safer, less expen13 sive, and more efficient environmental restoration and

14 waste management technologies.

15 SEC. 404. COORDINATION.

16 The Secretary shall, where appropriate, coordinate

17 the implementation of this title with the implementation

18 of sections 212 and 215 of this Act.

19 TITLE V—AUTHORIZATION OF

20 APPROPRIATIONS

21 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

25 carry out this Act and the amendments made by this Act.
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1 (b) ENVIRONMENTAL TECHNOLOGIES INNOVATION

2 INITIATIVE.—There is hereby authorized to be appro3 priated to carry out the Environmental Technologies Inno4 vation Initiative established in subtitle B of title II the

5 following:

6 (1) For fiscal year 1995, $70,000,000, of which

7 $500,000 is authorized to be appropriated for the

8 President’s Total Environmental Quality Award es9 tablished in section 213 for fiscal year 1995 and

10 $700,000 is authorized to be appropriated for the

11 study referred to in section 216.

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

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

14 for the President’s Total Environmental Quality

15 Award established in section 213.

16 SEC. 502. LIMITATION ON APPROPRIATIONS.

17 Notwithstanding any other provision of this Act, no

18 funds are authorized to be appropriated for any fiscal year

19 after fiscal year 1996 for carrying out the programs and

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

21 the amendments made by this Act.

22 SEC. 503. COMPETITION REQUIREMENT FOR AWARDS OF

23 FINANCIAL ASSISTANCE.

24 (a) COMPETITION REQUIREMENT.—No financial as25 sistance (including a grant, a contract, or any other award
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1 of financial assistance) may be provided under a section

2 of this Act for research, development, or demonstration

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

4 or precommercial demonstration facilities, unless a com5 petitive, merit-based evaluation process consistent with

6 such section is used to award the financial assistance.

7 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

8 COMPETITION PROVISION.—

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

10 be construed as modifying or superseding subsection

11 (a), or as requiring that financial assistance (includ12 ing a grant, a contract, or any other type of finan13 cial assistance) be awarded under a section of this

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

15 unless such provision of law—

16 (A) specifically refers to this section;

17 (B) specifically states that such provision

18 of law modifies or supersedes subsection (a);

19 and

20 (C) specifically identifies the person to be

21 awarded the financial assistance and states that

22 the financial assistance to be awarded pursuant

23 to such provision of law is being awarded in a

24 manner inconsistent with subsection (a).
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1 (2) NOTICE AND WAIT REQUIREMENT.—No fi2 nancial assistance (including a grant, a contract, or

3 any other type of financial assistance) may be

4 awarded pursuant to a provision of law that requires

5 or authorizes the award of the financial assistance

6 under this Act in a manner inconsistent with sub7 section (a) until—

8 (A) the head of the Federal agency intend9 ing to award the financial assistance submits to

10 the Congress a written notice of the intent to

11 award the financial assistance; and

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

13 which the notice is received by the Congress.

14 TITLE VI—RISK ASSESSMENT

15 IMPROVEMENT

16 SEC. 601. CRITERIA FOR RISK ASSESSMENT.

17 Any risk assessment under section 201(a)(2) shall

18 contain the following:

19 (1) Criteria for accepting and evaluating data.

20 (2) A complete description of any mathematical

21 models or other assumptions likely to be used in the

22 risk assessment, including a discussion of their plau23 sibility.

24 (3) A description of the default options, the jus25 tification and validation for the default options, and
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1 an explicit statement of the rationale for selecting a

2 particular default option, in the absence of adequate

3 data, based on explicitly stated science policy choices

4 and consideration of relevant scientific information.

5 (4) The technical justification for, and a de6 scription of the degree of, conservatism each default

7 option imposes upon the risk assessment.

8 (5) Criteria for using iterative or tiered ap9 proaches to risk assessment, with varying levels of

10 effort and data requirements in the conduct of risk

11 assessment based on the need for accuracy of the

12 risk estimate.

13 (6) Criteria for conducting uncertainty analysis

14 during the course of the risk assessment, and an ex15 planation of the data needs for such analysis.

16 (7) Effective methods for reporting risk assess17 ment, to ensure that the results are reasonably un18 derstandable by interested persons, including for19 mats which clearly identify and distinguish sources

20 of uncertainty and variability in the risk assessment.

21 (8) Criteria for identification and use of the

22 most plausible and unbiased methodologies and as23 sumptions, given the scientific information available.
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1 (9) Relevant information on data and assess2 ment methods that significantly influence the risk

3 estimate.

4 (10) A statement of the limitations, assump5 tions, and default options included in the assessment

6 and a statement of the rationale and extent of sci7 entific consensus with respect to their use.

8 (11) A statement that identifies major uncer9 tainties and their influence upon the assessment.

10 The statement shall characterize uncertainties asso11 ciated with experimental measurement errors and

12 uncertainties associated with the choice of specific

13 models and default options.

14 (12) The range and distribution of exposures

15 derived from exposure scenarios used in a risk as16 sessment, including, for example, upper-bound and

17 central estimate(s) and their qualitative, or where

18 possible quantitative, likelihood, and, when available

19 and appropriate, the identification of highly suscep20 tible groups, species, individuals, and subpopulations

21 whose exposure exceeds that of the general popu22 lation.

23 (13) The use of both quantitative and quali24 tative descriptors, when available and appropriate, to

25 present a comprehensive range of risks which are or
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1 may be encountered by the various populations and

2 individuals in a human health risk assessment, or by

3 the various species and ecological communities in an

4 ecological risk assessment, exposed to the environ5 mental hazard being evaluated in the risk assess6 ment.

7 (14) A description of appropriate statistical ex8 pressions of the range and variability of the risk es9 timate, including the population or populations ad10 dressed by any risk estimate(s), central estimates of

11 the risk for the specific population, any appropriate

12 upper-bound and lower-bound estimates, and the

13 reasonable range or other description of uncertain14 ties in the assessment process.

15 (15) Comparisons of risk to public health, in16 cluding appropriate comparisons with estimates of

17 other risks to health, including those that are famil18 iar to and routinely encountered by the general pub19 lic, and relevant substitution risks, where informa20 tion on such risks is made available. Comparisons

21 shall identify relevant distinctions among categories

22 or risks and limitations to comparisons.

23 SEC. 602. SAVINGS PROVISION.

24 Nothing in this title shall be construed to modify any

25 requirement or standard provided for in another provision
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1 of law that provides for risk assessment or is designed to

2 protect health, safety, or the environment. Nothing in this

3 title shall be construed to require the conduct of a risk

4 assessment or a risk characterization that is not required

5 by law.

6 SEC. 603. DEFINITIONS.

7 For purposes of this title:

8 (1) The term ‘‘comparisons of risk’’ means a

9 process to systematically estimate, compare, and

10 rank the size and severity of environmental risks or

11 health risks in order to provide a common basis for

12 evaluating strategies for reducing or preventing

13 those risks.

14 (2) The term ‘‘default option’’ means a condi15 tion, assumption, or fact that is presumed on the

16 basis of available data and prevailing theory.

17 (3) The term ‘‘risk assessment’’ means the

18 process or procedure by which the potential adverse

19 health or ecological effects of exposure of human or

20 nonhuman species to environmental hazards is char21 acterized.

22 (4) The term ‘‘uncertainty analysis’’ means the

23 systematic process of identifying that which is not

24 known or is unclear, including measurement errors,

25 the lack of fundamental knowledge needed to choose
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1 among alternative hypotheses, and assumptions, or

2 experimental models.

3 (5) The term ‘‘central estimates’’ means esti4 mates of central tendencies or expected risk based,

5 to the extent feasible, on the most plausible and un6 biased assumptions, given the scientific information

7 available.

8 (6) The term ‘‘substitution risk’’ means a po9 tential increase in certain types of risk from a strat10 egy designed to decrease other risks.

11 TITLE VII—BUY AMERICA

12 SEC. 701. PURCHASE OF AMERICAN-MADE EQUIPMENT

13 AND PRODUCTS.

14 (a) SENSE OF CONGRESS.—It is the sense of the Con15 gress that, to the greatest extent practicable, all equip16 ment and products purchased with funds made available

17 in this Act should be American-made.

18 (b) NOTICE REQUIREMENT.—In providing financial

19 assistance to, or entering into any contract with, any en20 tity using funds made available in this Act, the head of

21 each Federal agency, to the greatest extent practicable,

22 shall provide to such entity a notice describing the state23 ment made in subsection (a) by the Congress.

Passed the House of Representatives July 26, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.
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