I

103D CONGRESS

2D SESSION H. R. 3870

To promote the research and development of environmental technologies.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 22, 1994

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

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

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

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

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

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

Science, Space, and Technology

A BILL

To promote the research and development of environmental

technologies.

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

3 TITLE I—GENERAL PROVISIONS

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

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

6 ‘‘Environmental Technologies Act of 1994’’.
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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.

Subtitle C—Other Research Activities

Sec. 221. Environmentally advanced engineering research.

Sec. 222. Development plan for innovative environmental control and remediation technologies.

TITLE III—PERFORMANCE MEASUREMENTS

Sec. 301. Performance measurements for environmental technology products.

Sec. 302. Verification of environmental technologies.

Sec. 303. Use of environmental technology products by the Federal government.

TITLE IV—AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

3 SEC. 102. FINDINGS.

4 The Congress finds the following:

5 (1) Promoting a sound economy and maintain6 ing a healthy environment are among the urgent

7 public policy challenges of the United States.
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1 (2) The research, development, integration, and

2 deployment of environmental technologies will en3 hance the economic standing of the United States

4 and global environmental security.

5 (3) Although better designs for products and

6 processes offer new opportunities for substantially

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

10 these opportunities to be fully exploited.

11 (4) Although the Federal Government, research

12 institutes, universities, and industries are conducting

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

15 more pervasive and central dimension of technology

16 research and development.

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

18 local activities for the research, development, inte19 gration, and deployment of environmental tech20 nologies will greatly enhance the effectiveness of en21 vironmental policies of the United States.

22 SEC. 103. PURPOSES.

23 It is the purpose of this Act—
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1 (1) to improve coordination and integration of

2 environmental technology research and development

3 performed by and across Federal agencies;

4 (2) to assist and catalyze efforts of private in5 dustry, universities, nonprofit research centers, and

6 Federal laboratories in the research, development,

7 integration, and deployment of environmental tech8 nologies and, in the process, to promote the competi9 tiveness of United States companies;

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

13 (4) to promote the development of technical

14 standards for substitution of an environmentally

15 sound product or technology for a traditional one,

16 and for environmental performance and efficacy of

17 new technologies and products; and

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

19 will provide for the more efficient research, develop20 ment, integration, and deployment of environmental

21 technologies.

22 SEC. 104. DEFINITIONS.

23 For the purposes of this Act:

24 (1) The term ‘‘Administrator’’ means the Ad25 ministrator of the Environmental Protection Agency.
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1 (2) The term ‘‘environmental technology’’

2 means a technology that is primarily intended to im3 prove the quality of the environment through pollu4 tion prevention, pollution monitoring, pollution con5 trol, pollution remediation, or recycling, or that is

6 capable of cost-effectively offering significant envi7 ronmental benefits when compared with a technology

8 it replaces.

9 (3) The term ‘‘Federal laboratory’’ has the

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

11 12(d)(2) of the Stevenson-Wydler Technology Inno12 vation Act of 1980 (15 U.S.C. 3710a(d)(2)).

13 (4) The term ‘‘life-cycle assessment’’ means the

14 assessment of the complete systems involved in con15 verting resources to products, including materials ex16 traction, materials conversion, transportation, energy

17 use, end use, recycling, and disposal, and their asso18 ciated costs and environmental impacts.

19 (5) The term ‘‘small business concern’’ means

20 a United States company that is a small business

21 concern within the meaning given such term in the

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

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

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

3 and materials.

4 (7) The term ‘‘technology’’ means a product, a

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

6 other method by which individual or societal needs

7 are met through technical activities.

8 (8) The term ‘‘United States company’’ means

9 a company described in section 28(d)(9)(B) of the

10 National Institute of Standards and Technology Act

11 (15 U.S.C. 278n(d)(9)(B)).

12 TITLE II—POLICY COORDINA13 TION AND TECHNOLOGY PRO14 GRAMS

15 Subtitle A—Policy Coordination

16 and Program Planning

17 SEC. 201. COORDINATION OF ENVIRONMENTAL TECH18 NOLOGY RESEARCH AND DEVELOPMENT.

19 (a) INTERAGENCY COORDINATION.—The Director of

20 the Office of Science and Technology Policy shall, in co21 ordination with the heads of other Federal agencies that

22 have substantial capabilities in the research, development,

23 integration, and deployment of environmental tech24 nologies, take any action necessary—
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1 (1) to ensure, to the maximum extent prac2 ticable, the coordinated, interagency promotion of

3 the research, development, integration, and deploy4 ment of environmental technologies; and

5 (2) to develop priorities for Federal environ6 mental technology research, development, integra7 tion, and deployment efforts.

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

9 the Director of the Office of Science and Technology

10 Policy shall—

11 (1) review current Federally funded programs,

12 including Federal budget outlays for these programs,

13 to determine their role in the research, development,

14 integration, and deployment of environmental tech15 nologies;

16 (2) recommend the specific responsibilities of

17 each appropriate Federal agency to achieve the pri18 orities developed under this section;

19 (3) describe the recommended levels of Federal

20 funding required for each Federal agency to carry

21 out the specific responsibilities recommended in

22 paragraph (2);

23 (4) develop a means for ensuring, to the maxi24 mum extent practicable, that the principles of sus25 tainable economic development are integrated into
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1 the research, development, and technology programs

2 of all Federal agencies;

3 (5) ensure that the efforts of the Federal Gov4 ernment are coordinated with the efforts of State

5 and local governments and private and nonprofit or6 ganizations promoting the research, development, in7 tegration, and deployment of environmental tech8 nologies; and

9 (6) submit to the Congress any recommenda10 tions regarding legislative or administrative action,

11 including recommendations on the roles of Federal

12 agencies, which may be required to carry out this

13 section.

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

15 Office of Science and Technology Policy shall annually as16 sess, before the President submits to the Congress the

17 budget for a fiscal year, the budget estimate of each rel18 evant Federal agency for consistency with the plans, re19 views, and priorities developed under this section. The Di20 rector shall make the results of the annual assessment

21 available to the appropriate elements of the Executive Of22 fice of the President, particularly the Office of Manage23 ment and Budget, for use in the preparation of such

24 budget.
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1 (d) ANNUAL REVIEW AND PLAN.—The Director of

2 the Office of Science and Technology Policy shall annually

3 submit to the Congress a report containing an evaluation

4 and plan that assesses the progress of Federal efforts in

5 advancing the research, development, integration, and de6 ployment of environmental technologies.

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

8 the Office of Science and Technology Policy shall establish

9 mechanisms to ensure the participation of non-Federal en10 tities, including State and local governments, United

11 States companies, United States industrial associations

12 and consortia, United States institutions of higher edu13 cation, United States worker organizations, United States

14 professional associations, and United States nonprofit or15 ganizations, in carrying out this section, including the de16 velopment of the plans, reviews, and recommendations de17 veloped under this section.

18 SEC. 202. LIFE-CYCLE ASSESSMENTS.

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

20 (1) Life-cycle assessments have the potential to

21 greatly assist in achieving more environmentally

22 sound products, processes, and services and en23 hanced industrial efficiency by clarifying materials

24 flows and energy flows and by enhancing capabilities
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1 to assess these flows in the design of such products,

2 processes, and services.

3 (2) Methods of life-cycle assessment are

4 underused in both the public and private sectors,

5 particularly as applied to sustainable economic devel6 opment.

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

8 assessment are often difficult to acquire, and no sys9 tem exists to make such data readily available to

10 public and private groups.

11 (b) LIFE-CYCLE ASSESSMENT COORDINATION.—

12 (1) IN GENERAL.—As part of activities to co13 ordinate environmental technology research, develop14 ment, integration, and deployment described in sec15 tion 201, the Director of the Office of Science and

16 Technology Policy shall coordinate Federal activities

17 and resources that are applied to life-cycle assess18 ment in order to maximize the contribution of life19 cycle assessments to the efficient design, develop20 ment, and use of technologies, and to sustainable

21 economic development.

22 (2) IMPLEMENTATION.—In carrying out this

23 subsection, the Director of the Office of Science and

24 Technology Policy shall—
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1 (A) ensure that the life-cycle assessment

2 resources of each Federal agency are developed

3 and disseminated in a coordinated fashion, par4 titioning agency responsibilities where appro5 priate;

6 (B) coordinate with State and local govern7 ments developing life-cycle assessment re8 sources; and

9 (C) consult with appropriate private-sector

10 organizations to take into account the life-cycle

11 assessment capabilities of the private sector in

12 carrying out this section.

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

14 subsection, the Director of the Office of Science and

15 Technology Policy shall also encourage appropriate

16 Federal agencies—

17 (A) to collect and disseminate information

18 regarding analytic methods (and, as required,

19 to develop such methods) that will significantly

20 enhance the ability of United States companies

21 and other organizations to evaluate materials

22 extraction, materials conversion, transportation,

23 energy use, end use, recycling, and disposal,

24 and their associated costs and environmental

25 impacts;
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1 (B) to utilize, to the fullest extent prac2 ticable, existing networks and supporting

3 databases which provide access to publicly avail4 able information that will facilitate the use of

5 life-cycle assessments;

6 (C) to sponsor demonstrations for public

7 policy and business decisionmakers of the effec8 tive use of life-cycle assessment data and meth9 ods described in this section; and

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

11 assessment capabilities are, and continue to be,

12 fully integrated into activities under this sec13 tion.

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

15 considered to require the use of life-cycle assessment data

16 or methods by any Federal agency.

17 (d) ANNUAL REVIEW.—The Director of the Office of

18 Science and Technology Policy shall annually submit to

19 the Congress a report containing an evaluation of the life20 cycle assessment activities of the Federal Government.

21 SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING

22 PROGRAMS.

23 (a) STEVENSON-WYDLER AMENDMENTS.—The Ste24 venson-Wydler Technology Innovation Act of 1980 (15

25 U.S.C. 3701) is amended—
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1 (1) in section 2(2), by inserting ‘‘greater envi2 ronmental sustainability,’’ after ‘‘employment oppor3 tunities,’’;

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

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

6 (3) in section 4, by adding at the end the fol7 lowing new paragraph:

8 ‘‘(14) ‘Sustainable economic development’

9 means the integration of environmental and eco10 nomic development concerns leading to continuous

11 and long-term economic development with reduced

12 pollution and the more efficient use of energy and

13 materials;’’;

14 (4) in section 6(a), by inserting ‘‘and sustain15 able economic development in their regions’’ after

16 ‘‘enhance the competitiveness of American busi17 ness’’;

18 (5) in section 6(d), by inserting ‘‘and sustain19 able economic development of their regions’’ after

20 ‘‘enhance the competitiveness of American busi21 nesses’’;

22 (6) in section 7(a), by inserting ‘‘and sustain23 able economic development’’ after ‘‘enhance techno24 logical innovation’’;
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1 (7) in section 7(c)(1), by striking ‘‘economic

2 competitiveness’’ and inserting ‘‘sustainable eco3 nomic development’’;

4 (8) in section 9(a), by inserting ‘‘and sustain5 able economic development’’ after ‘‘enhance techno6 logical innovation’’; and

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

8 enhance sustainable economic development’’ after

9 ‘‘commercial applications’’.

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

11 Standards and Technology Act (15 U.S.C. 271) is amend12 ed—

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

14 economic development,’’ after ‘‘improved product re15 liability and manufacturing processes,’’;

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

17 the following new subsection:

18 ‘‘(c) For purposes of this section, the term ‘sustain19 able economic development’ means the integration of envi20 ronmental and economic development concerns leading to

21 continuous and long-term economic development with re22 duced pollution and the more efficient use of energy and

23 materials;’’; and
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1 (3) in section 2(b)(1), by inserting ‘‘to enhance

2 sustainable economic development (as that term is

3 defined in section 1(c))’’ after ‘‘to improve quality,’’.

4 (c) NASA AMENDMENTS.—The National Aero5 nautics and Space Act of 1958 (42 U.S.C. 2451 note) is

6 amended—

7 (1) in section 102(d)—

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

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

10 (10), respectively; and

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

12 following new paragraph:

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

15 that will enhance the sustainable economic develop16 ment of the Nation.’’; and

17 (2) in section 103—

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

19 and inserting a semicolon;

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

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

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

23 paragraph:

24 ‘‘(3) the term ‘sustainable economic develop25 ment’ means the integration of environmental and
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1 economic development concerns leading to continu2 ous and long-term economic development with re3 duced pollution and the more efficient use of energy

4 and materials.’’.

5 (d) NSF AMENDMENTS.—

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

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

8 seq.) is amended—

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

10 and inserting a semicolon;

11 (B) in paragraph (7), by striking the pe12 riod and inserting ‘‘; and’’; and

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

14 paragraph:

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

16 would promote sustainable economic development

17 nationally and internationally.’’.

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

19 of such Act is amended as follows:

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

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

22 ‘‘(g) For purposes of this Act:

23 ‘‘(1) The term’’.
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1 (B) By adding after paragraph (1), as des2 ignated by subparagraph (A) of this paragraph,

3 the following new paragraph:

4 ‘‘(2) The term ‘sustainable economic develop5 ment’ means the integration of environmental and

6 economic development concerns leading to continu7 ous and long-term economic development with re8 duced pollution and the more efficient use of energy

9 and materials.’’.

10 Subtitle B—Environmental

11 Technology Innovation Initiative

12 SEC. 211. ESTABLISHMENT AND ADMINISTRATION OF INI13 TIATIVE.

14 (a) ESTABLISHMENT.—There is established an inter15 agency Environmental Technologies Innovation Initiative

16 to promote the research, development, integration, and de17 ployment of technologies that will contribute significantly

18 to sustainable economic development. The Administrator

19 shall administer the initiative in cooperation with the

20 heads of other Federal agencies, including the Secretary

21 of Commerce, the Secretary of Energy, and the Director

22 of the National Science Foundation, that have substantial

23 capabilities in advanced technology research and develop24 ment.
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1 (b) CONDUCT OF INITIATIVE PROGRAMS AND ACTIVI2 TIES.—The initiative referred to in subsection (a) shall in3 clude—

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

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

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

11 section 213;

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

14 212, the information activities described in section

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

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

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

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

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

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

2 section.

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

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

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

8 merit-based evaluation process.

9 (3) INTEGRATION OF INDUSTRY AND OTHER

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

12 (1)) shall develop mechanisms for integrating the

13 views of representatives of industry and nonprofit

14 and other appropriate organizations into the process

15 by which proposals for financial assistance under a

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

17 and selected.

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

21 in advanced technology research and development and as

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

24 with any technical and other assistance, including any

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

3 (e) ANNUAL INTERAGENCY PLAN AND REVIEW.—

4 The Administrator, in cooperation with the heads of other

5 appropriate Federal agencies (including the Secretary of

6 Commerce and the Secretary of Energy), shall annually

7 submit to the Congress a report that contains a strategic,

8 interagency plan for the programs and activities referred

9 to in subsection (b)(2) and an evaluation of such programs

10 and activities, including an evaluation of the success of

11 innovations resulting from such programs and activities.

12 (f) ADMINISTRATION.—

13 (1) IN GENERAL.—In administering the pro14 grams and activities referred to in subsection (b)(2),

15 the Administrator shall—

16 (A) monitor the manner in which any tech17 nologies developed as a result of the programs

18 and activities are used, and report periodically

19 to the Congress on the extent of any inter20 national transfer of these technologies;

21 (B) provide for appropriate dissemination

22 of the results of any research conducted under

23 such program and activities; and

24 (C) take any other action the Adminis25 trator considers necessary to carry out the pro-
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1 grams and activities and to avoid unnecessary

2 duplication of effort by Federal agencies.

3 (2) APPLICABILITY OF OTHER LAW.—Para4 graphs (5), (6), (7), (8), and (11) of section 28(d)

5 of the National Institute of Standards and Tech6 nology Act (15 U.S.C. 278n(d)) shall apply to the

7 administration of the programs and activities re8 ferred to in subsection (b)(2).

9 (3) PARTICIPATION OF SOCIALLY AND ECO10 NOMICALLY DISADVANTAGED INDIVIDUALS.—In car11 rying out the sections referred to in subsection

12 (b)(2), the Administrator shall encourage the par13 ticipation of socially disadvantaged individuals and

14 economically disadvantaged individuals, as such

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

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

17 637(a)(6)(A),(5)), respectively, including women.

18 (g) ECONOMICALLY DEPRESSED AREAS.—The Ad19 ministrator, in cooperation with the heads of other appro20 priate Federal agencies, shall seek to ensure that entities

21 eligible for assistance under a section referred to in sub22 section (b)(2) and located in areas determined by the Ad23 ministrator to have a depressed economy, or a significant

24 concentration of defense-related industries, or chronically

25 high unemployment, are notified of the assistance made
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1 available under that section and, to the extent practicable,

2 to encourage and facilitate the participation of such enti3 ties in activities for which assistance is provided under

4 that section.

5 (h) LIMITATION ON CONSTRUCTION OF FACILI6 TIES.—The Administrator may not provide financial as7 sistance to an entity under a section referred to in sub8 section (b)(2) for the construction of facilities.

9 (i) MANAGEMENT.—The Administrator shall pre10 scribe any regulations necessary to carry out each section

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

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

13 which proposals for financial assistance under such

14 section shall submitted; and

15 (2) providing consideration of in-kind contribu16 tions by a non-Federal Government entity participat17 ing in a program or activity conducted under such

18 section for the purpose of determining the share of

19 the costs of participating in the program or activity

20 that have been or are being undertaken by that

21 entity.

22 SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY

23 PROGRAM.

24 (a) ESTABLISHMENT.—The Administrator, in co25 operation with the heads of other appropriate Federal
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1 agencies (including the Secretary of Commerce and the

2 Secretary of Energy), shall conduct an interagency innova3 tive environmental technology program to develop or dem4 onstrate advanced precommercial environmental tech5 nologies.

6 (b) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An

7 entity shall be eligible for financial assistance to conduct

8 a demonstration or development project under the pro9 gram established under subsection (a) only if the entity

10 is either a single United States company or a partnership

11 which—

12 (1) includes two or more United States compa13 nies; and

14 (2) may include, as determined appropriate by

15 the Administrator, a Federal laboratory or labora16 tories, United States nonprofit organizations, United

17 States institutions of higher education, agencies of

18 States governments, and other entities that partici19 pate in the partnership by supporting the activities

20 conducted by such companies or corporations under

21 this section.

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

23 Administrator shall give priority consideration to the fol24 lowing criteria in evaluating proposals for financial assist25 ance under this section:
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1 (1) Contribution to the priorities established

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

3 (2) Significant improvement in environmental

4 soundness of the production process.

5 (3) Contribution to industrial competitiveness,

6 including new markets, reduced production costs,

7 and enhanced export potential.

8 (4) Improvement in the environment of the

9 workplace.

10 (5) Applicability to other industrial processes.

11 (6) Improvement in technological capability to

12 recycle complex combinations of materials.

13 (7) Innovative application of post-consumer ma14 terials.

15 (d) AWARD CONDITIONS.—Financial assistance pro16 vided under this section shall be subject to the following

17 conditions:

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

19 than three years for single United States companies

20 and not more than five years for partnerships.

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

22 Federal Government may provide financial assist23 ance to a partnership under this section in an

24 amount that is not more than a minority share of

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

2 conducted by a partnership under this section may

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

4 (A) the partnership is composed entirely of

5 small business concerns; or

6 (B) the Administrator determines that it

7 would be appropriate under the circumstances

8 and would serve the purpose of the program to

9 provide more than a minority cost-share of the

10 project conducted by the partnership.

11 SEC. 213. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

12 AWARD AND THE NATIONAL ENVIRON13 MENTALLY SOUND TECHNOLOGY AWARD.

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

15 (1) Award programs such as the Malcolm

16 Baldrige National Quality Award Program have

17 made substantial contributions to private enterprise

18 by providing a framework upon which organizations

19 can improve their operations and by focusing on is20 sues important to their competitiveness.

21 (2) A President’s Total Environmental Quality

22 Award Program modeled on the Malcolm Baldrige

23 National Quality Award Program would contribute

24 to environmental quality and sustainable economic

25 development by—
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1 (A) helping to stimulate United States

2 companies to research, develop, integrate, and

3 deploy environmental technologies;

4 (B) recognizing the achievements of such

5 companies which successfully research, develop,

6 integrate, and deploy environmental tech7 nologies; and

8 (C) establishing guidelines and criteria

9 that can be used by business, industrial, gov10 ernmental, and other organizations in evaluat11 ing their own research, development, integra12 tion, and deployment of environmental tech13 nologies.

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

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

16 Total Environmental Quality Award Program and a Na17 tional Environmentally Sound Technology Award Pro18 gram under which awards are given to recognize the suc19 cessful research, development, integration, and deploy20 ment of environmental technologies, and information is

21 disseminated about such success.

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

24 3701 et seq.) is amended by inserting after section 23 the

25 following new sections:
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1 ‘‘SEC. 24. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY

2 AWARD.

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

4 the President’s Total Environmental Quality Award (in

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

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

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

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

10 in cooperation with the Secretary of Energy and the Ad11 ministrator of the Environmental Protection Agency, shall

12 establish a process for the acceptance and evaluation of

13 Award applicants. The Secretary shall, to the extent prac14 ticable, refer to the procedures used in the administration

15 of the Malcolm Baldrige National Quality Award, includ16 ing the definition of award categories, the delegation of

17 responsibilities, and provisions for publicity, evaluation

18 feed-back, and information transfer, as a model for the

19 President’s Total Environmental Quality Award.

20 ‘‘(d) PRESENTATION OF AWARD.—

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

22 Secretary shall submit to the President the rec23 ommendations of the Secretary for the selection of

24 Award applicants.

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

26 basis of recommendations received under paragraph
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1 (1), the President shall periodically select for receipt

2 of the Award United States companies and other or3 ganizations which in the judgment of the President

4 have substantially benefited the environmental, eco5 nomic, and social well-being of the United States

6 through the research, development, integration, and

7 deployment of environmental technologies and the

8 effective integration of environmental concerns into

9 its operations and management, and which as a con10 sequence are deserving of special recognition.

11 ‘‘(3) PRESENTATION CEREMONY.—The Presi12 dent or the Vice President shall present the Award

13 to recipients selected under paragraph (2) with such

14 ceremony as the President or the Vice President

15 considers to be appropriate.

16 ‘‘(e) LIMITATION.—The information gathered in eval17 uating Award applications may be used only for the eval18 uation of such applications and for publicity by winners

19 of the Award. Such information may not be used for regu20 latory or compliance purposes.

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

22 Award applications shall include the following:

23 ‘‘(1) The effectiveness of the organization’s de24 velopment and deployment of environmental tech-
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1 nologies, as well as the organization’s provision for

2 environmental technologies in its future plans.

3 ‘‘(2) The effectiveness of the integration of en4 vironmental concerns into the operations and man5 agement of the organization;

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

7 use from the perspective of the life-cycle of the pro8 duction, use, recycle, and disposal of a product.

9 ‘‘(4) The effective use of an integrated ap10 proach to pollution prevention and control that con11 siders all environmental media (liquid, solid, gase12 ous).

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

14 gifts from public and private sources to carry out this sec15 tion. The Secretary may provide for the imposition of a

16 fee upon the organizations applying for the Award.

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

18 of the enactment of this Act, the Secretary shall submit

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

20 made in carrying out this section. The report shall include

21 any recommendations of the Secretary for any modifica22 tions of the Award the Secretary considers necessary.
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1 ‘‘SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECH2 NOLOGY AWARD.

3 ‘‘(a) ESTABLISHMENT.—There is established a Na4 tional Environmentally Sound Technology Award for the

5 purpose of awarding individuals who have pioneered the

6 development and use of highly innovative environmental

7 technologies within the meaning of section 104(2) of the

8 Environmental Technologies Act of 1994.

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

10 procedures established in section 24 and subject to the

11 conditions described in this section, the Secretary, in co12 operation with the Administrator of the Environmental

13 Protection Agency and the Secretary of Energy, shall re14 ceive and evaluate applications for the National Environ15 mentally Sound Technology Award and provide for presen16 tation of such Award.

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

18 qualify for such Award may include the following:

19 ‘‘(1) Manufacturing technologies.

20 ‘‘(2) Industrial or consumer products.

21 ‘‘(3) Consumer services.

22 ‘‘(4) Recycling technologies.

23 ‘‘(5) Pollution monitoring and control tech24 nologies.

25 ‘‘(d) QUALIFIED APPLICANTS.—Any citizen or per26 manent resident of the United States may qualify for such
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1 Award. Any such individual who is employed by or other2 wise works for a business, Federal laboratory, or other or3 ganization may qualify for such Award only if the individ4 ual was substantially involved in the invention or innova5 tion for which such Award is presented.

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

7 may be presented annually.’’.

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 cooperation with

15 the Under Secretary for Technology of the Department

16 of Commerce and the heads of any other appropriate Fed17 eral agencies, shall, to the maximum extent practicable,

18 use existing information network capabilities of the Fed19 eral Government to provide coordinated access to data on

20 environmental technologies developed, tested, or verified

21 under programs established by this Act, and by other ap22 propriate Federal and non-Federal sources. Such data

23 shall include—

24 (1) information on—
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1 (A) activities carried out under this Act

2 and the amendments made by this Act;

3 (B) performance standards regarding envi4 ronmental technologies; and

5 (C) significant international developments

6 in environmental technologies, fully coordinat7 ing with other international technology informa8 tion programs of the Federal Government; and

9 (2) other information determined by the Admin10 istrator to be of substantial value in promoting the

11 research, development, integration, and deployment

12 of environmental technologies.

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

14 this section, the Administrator shall, to the maximum ex15 tent practicable—

16 (1) use existing public and private sector infor17 mation providers and carriers; and

18 (2) coordinate with the heads of other appro19 priate Federal agencies to make data described in

20 subsection (a) accessible through appropriate

21 database systems of those Federal agencies.

22 (c) OUTREACH.—The Administrator shall conduct

23 outreach efforts to advertise, deliver, and disseminate the

24 information made available pursuant to subsection (a). As

25 part of such efforts, the Administrator shall consult with
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1 United States industrial associations and take appropriate

2 action to ensure access to such information by industrial

3 assistance organizations and programs supported by a

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

5 which a State or local government is a member, an institu6 tion of higher education designated by a State or local gov7 ernment, a manufacturing extension and outreach service

8 or regional technical assistance service approved by the

9 Federal Government, or a Federal laboratory.

10 SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRON11 MENTAL TECHNOLOGY DEMONSTRATION.

12 (a) ESTABLISHMENT.—The Administrator shall es13 tablish a program, in cooperation with the heads of appro14 priate Federal agencies (including the Secretary of En15 ergy, the Secretary of Commerce, and the Secretary of De16 fense), to demonstrate the performance of environmental

17 technologies at Federal laboratories and other Federal

18 facilities.

19 (b) QUALIFYING TECHNOLOGY DEMONSTRATION

20 PROJECTS.—Technologies that qualify for demonstration

21 under such program include—

22 (1) environmental technologies that can be ap23 plied to a major pollution control or remediation

24 need, as determined by the Administrator, at a Fed25 eral laboratory or other Federal facility;
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1 (2) environmental technologies the development

2 of which would be significantly advanced by unique

3 facilities or capabilities of a Federal laboratory or

4 other Federal facility; and

5 (3) other environmental technologies that the

6 Administration considers to have significant poten7 tial as an environmental technology that will contrib8 ute to sustainable economic growth.

9 (c) ADMINISTRATION.—As part of the program estab10 lished under this section, the Administrator—

11 (1) may enter into a cooperative agreement

12 with any other Federal agency to make available, as

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

14 jurisdiction of such agency to an eligible entity

15 under subsection (d) for the purpose of demonstrat16 ing the performance of an environmental technology;

17 (2) shall establish application procedures for an

18 eligible entity under subsection (d) to apply to dem19 onstrate an environmental technology at an available

20 site or facility, including—

21 (A) provisions for sharing the cost of dem22 onstrating the technology with an applicant

23 that limit the Federal share of the cost to not

24 more than 50 percent of the total cost of dem25 onstrating the technology; and
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1 (B) provisions that provide special consid2 eration of the needs of small business concerns;

3 (3) shall establish criteria for verification of the

4 efficacy of demonstrated environmental technologies;

5 (4) shall establish specific procedures for the

6 management and oversight of demonstration activi7 ties conducted under this section;

8 (5) shall, pursuant to section 214 and in con9 sultation and cooperation with other Federal agen10 cies, make available for entities eligible under sub11 section (d) information regarding—

12 (A) the facilities and expertise available at

13 Federal laboratories that would be valuable to

14 the demonstration of environmental tech15 nologies; and

16 (B) sites at Federal laboratories or other

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

20 site geology and site contaminants where appro21 priate;

22 (6) shall document the performance and cost

23 characteristics of each environmental technology

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

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

5 section.

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

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

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

12 Administrator considers appropriate.

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

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

15 in cooperation with other Federal agencies and in con16 sultation with United States companies and United States

17 nonprofit organizations, evaluate the performance of the

18 program established under this section, including an eval19 uation and statement of—

20 (1) the number of environmental technologies

21 demonstrated and the type of problems addressed;

22 and

23 (2) the Federal and non-Federal financial re24 sources committed to the program.
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1 SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN

2 ENVIRONMENTAL TECHNOLOGIES.

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

4 agreement with the National Research Council to conduct

5 a study of the influences on technological innovation in

6 environmental technologies of economic, governmental,

7 and other incentives and barriers.

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

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

10 the National Research Council complete a report describ11 ing the results of the study referred to in such subsection

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

13 of this Act. The Administrator shall submit the report to

14 the Committee on Science, Space, and Technology of the

15 House of Representatives and the Committee on Environ16 ment and Public Works of the Senate within 30 days after

17 receiving the report from the National Research Council.

18 Subtitle C—Other Research

19 Activities

20 SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING

21 RESEARCH.

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

23 Science Foundation shall take appropriate actions to sup24 port research activities that will advance the integration

25 of engineering practices and environmental protection in

26 the development of advanced technologies.
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1 (b) INTERAGENCY COOPERATION.—The Director of

2 the National Science Foundation shall cooperate with the

3 heads of other appropriate Federal agencies, including the

4 Administrator, in carrying out this section.

5 (c) INTEGRATION OF INFORMATION.—The Director

6 of the National Science Foundation shall, to the maximum

7 extent practicable, provide for the dissemination through

8 education activities of the Foundation and other appro9 priate Federal agencies of information developed as a re10 sult of the research activities referred to in subsection (a).

11 SEC. 222. DEVELOPMENT PLAN FOR INNOVATIVE ENVIRON12 MENTAL CONTROL AND REMEDIATION TECH13 NOLOGIES.

14 Not later than one year after the date of the enact15 ment of this Act, the Administrator, in cooperation with

16 the heads of other appropriate Federal agencies (including

17 the Secretary of Energy), shall submit to the Congress a

18 strategic plan for interagency coordination of Federal pro19 grams for the timely research, development, integration,

20 and deployment of innovative environmental control and

21 remediation technologies.
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1 TITLE III—PERFORMANCE

2 MEASUREMENTS

3 SEC. 301. PERFORMANCE MEASUREMENTS FOR ENVIRON4 MENTAL TECHNOLOGY PRODUCTS.

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

6 through the Director of the National Institute of Stand7 ards and Technology, in cooperation with the Adminis8 trator and the heads of other appropriate Federal agen9 cies, and in consultation with non-Federal standards orga10 nizations, shall establish a program to support the clari11 fication of measurements of performance—

12 (1) for environmental technology products to

13 clarify quality, performance, and substitutability for

14 conventional products and for the fair evaluation of

15 performance claims regarding environmental tech16 nologies; and

17 (2) for appropriate standard reference mate18 rials.

19 (b) EXISTING NON-FEDERAL PROGRAMS.—In devel20 oping the program established in subsection (a), the Direc21 tor of the National Institute of Standards and Technology

22 shall, to the maximum extent practicable, coordinate ef23 forts under such program with existing non-Federal stand24 ards activities that affect environmental technology prod25 ucts.
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1 (c) COORDINATION WITH OTHER FEDERAL AGEN2 CIES.—The Secretary of Commerce, through the Director

3 of the National Institute of Standards and Technology,

4 shall coordinate with the heads of other appropriate Fed5 eral agencies to ensure, to the maximum extent prac6 ticable, the use of the best available scientific and tech7 nical information in the evaluation of environmental per8 formance claims by such agencies.

9 (d) GLOSSARY OF TERMS.—The Secretary of Com10 merce, through the Director of the National Institute of

11 Standards and Technology, shall work with the heads of

12 appropriate Federal agencies and private-sector standards

13 organizations to facilitate the development and mainte14 nance of a glossary of standard definitions of terms used

15 in the evaluation of environmental performance claims.

16 (e) INTERNATIONAL HARMONIZATION.—The Sec17 retary of Commerce, through the Director of the National

18 Institute of Standards and Technology, shall work with

19 domestic and international standards organizations to en20 sure harmonization of domestic performance measure21 ments with international performance measurements.

22 SEC. 302. VERIFICATION OF ENVIRONMENTAL TECH23 NOLOGIES.

24 (a) DESIGNATION OF ENTITIES TO PERFORM ENVI25 RONMENTAL TECHNOLOGY VERIFICATION.—The Admin-
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1 istrator may, in accordance with this section, designate en2 tities to perform the functions described in subsection (b).

3 The Administrator may enter into joint agreements with

4 Federal agencies, State and local governments, and non5 profit, private-sector representatives to support entities

6 designated by the Administrator under this section.

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

9 (1) verify and evaluate the performance and

10 cost characteristics of environmental technologies;

11 (2) disseminate information on the characteris12 tics referred to in paragraph (1), including informa13 tion that describes whether each environmental tech14 nology evaluated and verified—

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

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

20 (B) constitutes a significant advance in the

21 development of environmental technologies with

22 broad applicability; and

23 (3) submit to the Administrator data and other

24 information compiled by the entity with respect to
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1 each environmental technology verified and evaluated

2 by the entity under this section.

3 (c) REVIEW BY ADMINISTRATOR.—After receiving

4 data and other information from an entity designated

5 under subsection (a) with respect to an environmental

6 technology under subsection (b)(4), the Administrator

7 shall conduct appropriate review of the data, other infor8 mation, and protocols developed by such entity with re9 spect to such technology.

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

11 the Administrator shall—

12 (1) establish procedures for soliciting applica13 tions for and selecting, pursuant to criteria referred

14 to in subsection (e), entities to perform functions de15 scribed in subsection (b) and, as appropriate, des16 ignate model entities;

17 (2) establish eligibility criteria for entities to be

18 designated under this section;

19 (3) in cooperation with the heads of other ap20 propriate Federal agencies, including the Director of

21 the National Institute of Standards and Technology,

22 certify, and as appropriate develop, common proto23 cols to evaluate the cost and performance of environ24 mental technologies;
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1 (4) ensure that information regarding environ2 mental technologies verified and evaluated under this

3 program is disseminated pursuant to section 214;

4 (5) develop mechanisms to facilitate the ver5 ification of—

6 (A) environmental technologies developed

7 or demonstrated by small business concerns,

8 nonprofit organizations, and United States in9 stitutions of higher education; and

10 (B) environmental technologies that pro11 vide source reduction; and

12 (6) consult with the heads of other Federal

13 agencies to make available, through cooperative

14 agreements with the entities designated under this

15 section, sources and expertise of Federal laboratories

16 for use by such entities in performing the functions

17 described in subsection (b).

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

19 consultation with the heads of other Federal agencies,

20 State and local governments, and private sector organiza21 tions, shall select entities under this section based on the

22 following criteria:

23 (1) The capabilities of the applicant to provide

24 a thorough and credible technical and financial eval25 uation of environmental technologies.
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1 (2) The clarity and efficiency of the proposed

2 procedures for the receipt and review of applications

3 for technology verification.

4 (3) The likelihood of the continued viability of

5 the entity.

6 (4) The existence of a plan for disseminating

7 nonproprietary information regarding technologies

8 verified by the entity.

9 (5) Other criteria that the Administrator con10 siders appropriate.

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

12 supported under this section shall be selected only through

13 a merit-based selection process, established by the Admin14 istrator, pursuant to the criteria described in subsection

15 (e).

16 (g) AUTHORITY OF ADMINISTRATOR.—The Adminis17 trator may enter into cooperative agreements and con18 tracts to carry out this section.

19 (h) DIRECT VERIFICATION.—If the Administrator

20 determines that entities designated under this section can21 not adequately verify the performance of environmental

22 technologies because of scale or complexity, the Adminis23 trator may enter into direct agreements to verify the per24 formance of such technologies.

25 (i) REVIEW.—
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1 (1) IN GENERAL.—Any action by the Adminis2 trator to verify or evaluate a technology (or to re3 view a verification or evaluation) under this section

4 shall not constitute a final action by the Adminis5 trator and shall not be subject to judicial review.

6 (2) FAILURE TO COMPLY.—If a technology veri7 fied, evaluated, or reviewed pursuant to this section

8 fails to comply with any applicable law (including

9 regulations issued by the Administrator), the ver10 ification, evaluation, or confirmation shall not con11 stitute a defense in an enforcement action or suit

12 and shall not create a cause of action against the

13 Environmental Protection Agency.

14 SEC. 303. USE OF ENVIRONMENTAL TECHNOLOGY PROD15 UCTS BY THE FEDERAL GOVERNMENT.

16 (a) ESTABLISHMENT.—The President shall establish

17 a program for evaluating and approving the purchase by

18 the Federal Government of environmental technology

19 products. The President shall consider performance stand20 ards that clarify the substitutability of environmental

21 technology products for conventional products to establish

22 a priority list of environmental technology products for ap23 proval for purchase under the program and implement a

24 plan for the procurement of such products.
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1 (b) REPORT.—Within one year after the date of the

2 enactment of this Act and annually thereafter, the Presi3 dent shall submit to the Congress a report describing the

4 progress made in carrying out this section and plans for

5 carrying out this section for the three years immediately

6 following the year in which the report is submitted.

7 TITLE IV—AUTHORIZATION OF

8 APPROPRIATIONS

9 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

14 (b) ENVIRONMENTAL TECHNOLOGIES INNOVATION

15 INITIATIVE.—There is hereby authorized to be appro16 priated to carry out the Environmental Technologies Inno17 vation Initiative established in subtitle B of title II the

18 following:

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

20 $500,000 is authorized to be appropriated for the

21 President’s Total Environmental Quality Award es22 tablished in section 213 for fiscal year 1995 and

23 $700,000 is authorized to be appropriated for the

24 study referred to in section 216.
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1 (2) For fiscal year 1996, $120,000,000, of

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

3 for the President’s Total Environmental Quality

4 Award established in section 213.

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