```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 397 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 397

To authorize the Secretary of Energy to establish a multiagency program 
in support of the Materials Corridor Partnership Initiative to promote 
energy efficient, environmentally sound economic development along the 
 border with Mexico through the research, development, and use of new 
                         materials technology.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 10, 1999

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Energy to establish a multiagency program 
in support of the Materials Corridor Partnership Initiative to promote 
energy efficient, environmentally sound economic development along the 
 border with Mexico through the research, development, and use of new 
                         materials technology.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Materials Corridor 
Partnership Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the region adjacent to the 2,000-mile border between 
        the United States and Mexico is an important region for energy-
        intensive manufacturing and materials industries critical to 
        the economic and social wellbeing of both countries;
            (2) there are currently more than 800 multinational firms 
        (including firms known as ``maquiladoras'') representing United 
        States investments of more than $1,000,000,000 in the San 
        Diego, California, and Tijuana, Baja California, border region 
        and in the El Paso, Texas, and Juarez, Chihuahua, border 
        region;
            (3) materials and materials-related industries comprise a 
        major portion of the industries operating on both sides of the 
        border, amounting to more than $6,800,000,000 in annual 
        commerce on the Mexican side alone;
            (4) there are a significant number of major institutions in 
        the border States of both countries currently conducting 
        academic and research activities in materials;
            (5)(A) the United States Government currently invests 
        approximately $1,000,000,000 annually in materials research, of 
        which, in 1996, the Department of Energy funded the largest 
        proportion of civilian materials research; and
            (B) there are also major materials programs at the National 
        Science Foundation, the National Institute of Standards and 
        Technology, and Department of Defense, among other entities;
            (6) the United States and Mexico have invested heavily in 
        domestic and binational cooperative programs to address major 
        concerns for the natural resources, environment, and public 
        health of the United States-Mexico border region, expending 
        hundreds of millions of dollars annually in those efforts;
            (7)(A) scientific and technical advances in materials and 
        materials processing provide major opportunities for--
                    (i) significantly improving energy efficiency;
                    (ii) reducing emissions of global climate change 
                gases;
                    (iii) using recycled natural resources as primary 
                materials for industrial production; and
                    (iv) minimizing industrial wastes and pollution; 
                and
            (B) such advances will directly benefit both sides of the 
        United States-Mexico border by encouraging energy efficient, 
        environmentally sound economic development that protects the 
        health and natural resources of the border region;
            (8)(A) promoting clean materials industries in the border 
        region that are energy efficient has been identified as a high 
        priority issue by the United States-Mexico Foundation for 
        Science Cooperation; and
            (B) at the 1998 discussions of the United States-Mexico 
        Binational Commission, Mexico formally proposed joint funding 
        of a ``Materials Corridor Partnership Initiative'', proposing 
        $1,000,000 to implement the Initiative if matched by the United 
        States;
            (9) recognizing the importance of materials and materials 
        processing, academic and research institutions in the border 
        States of both the United States and Mexico, in conjunction 
        with private sector partners of both countries, and with strong 
        endorsement from the Government of Mexico, in 1998 organized 
        the Materials Corridor Council to implement a cooperative 
        program of materials research and development, education and 
        training, and sustainable industrial development as part of the 
        Materials Corridor Partnership Initiative; and
            (10) successful implementation of the Materials Corridor 
        Partnership Initiative would advance important United States 
        energy, environmental, and economic goals not only in the 
        United States-Mexico border region but also as a model for 
        similar collaborative materials initiatives in other regions of 
        the world.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish a multiagency program in 
support of the Materials Corridor Partnership Initiative referred to in 
section 2(8) to promote energy efficient, environmentally sound 
economic development along the United States-Mexico border through the 
research, development, and use of new materials technology.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Program.--The term ``program'' means the program 
        established under section 5(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a 
        comprehensive program to promote energy efficient, 
        environmentally sound economic development along the United 
        States-Mexico border through the research, development, and use 
        of new materials technology.
            (2) Considerations.--In developing the program, the 
        Secretary shall give due consideration to the proposal made to 
        the United States-Mexico Binational Commission for the 
        Materials Corridor Partnership Initiative.
    (b) Participation of Other Federal Agencies.--The Secretary shall 
organize and conduct the program jointly with--
            (1) the Department of State;
            (2) the Environmental Protection Agency;
            (3) the National Science Foundation;
            (4) the National Institute of Standards and Technology; and
            (5) any other departments or agencies the participation of 
        which the Secretary considers appropriate.
    (c) Participation of the Private Sector.--When appropriate, funds 
made available under this Act shall be made available for research and 
development or education and training activities that are conducted 
with the participation and support of private sector organizations 
located in the United States and, subject to section 7(c)(2), Mexico, 
to promote and accelerate in the United States-Mexico border region the 
use of energy efficient, environmentally sound technologies and other 
advances resulting from the program.
    (d) Mexican Resource Contributions.--The Secretary shall--
            (1) encourage public, private, nonprofit, and academic 
        organizations located in Mexico to contribute significant 
        financial and other resources to the program; and
            (2) take any such contributions into account in conducting 
        the program.
    (e) Transfer of Technology From National Laboratories.--In 
conducting the program, the Secretary shall emphasize the transfer and 
use of materials technology developed by the national laboratories of 
the Department of Energy before the date of enactment of this Act.

SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS.

    (a) Activities.--Funds made available under this Act shall be made 
available for research and development and education and training 
activities that are primarily focused on materials, and the synthesis, 
processing, and fabrication of materials, that promote--
            (1) improvement of energy efficiency;
            (2) elimination or minimization of emissions of global 
        climate change gases and contaminants;
            (3) minimization of industrial wastes and pollutants; and
            (4) use of recycled resources as primary materials for 
        industrial production.
    (b) Major Program Elements.--
            (1) In general.--The program shall have the following major 
        elements:
                    (A) Applied research, focused on maturing and 
                refining materials technologies to demonstrate the 
                feasibility or utility of the materials technologies.
                    (B) Basic research, focused on the discovery of new 
                knowledge that may eventually prove useful in creating 
                materials technologies to promote energy efficient, 
                environmentally sound manufacturing.
                    (C) Education and training, focused on educating 
                and training scientists, engineers, and workers in the 
                border region in energy efficient, environmentally 
                sound materials technologies.
            (2) Applied research.--Applied research projects under 
        paragraph (1)(A) should typically involve significant 
        participation from private sector organizations that would use 
        or sell such a technology.
            (3) Basic research.--Basic research projects conducted 
        under paragraph (1)(B) should typically be led by an academic 
        or other research institution.

SEC. 7. PARTICIPATION OF DEPARTMENTS AND AGENCIES OTHER THAN THE 
              DEPARTMENT OF ENERGY.

    (a) Agreement.--Not later than 120 days after the date of enactment 
of this Act, the Secretary shall enter into an agreement with the 
departments and agencies referred to in section 5(b) on the 
coordination and implementation of the program.
    (b) Actions of Departments and Agencies.--Any action of a 
department or agency under an agreement under subsection (a) shall be 
the responsibility of that department or agency and shall not be 
subject to approval by the Secretary.
    (c) Use of Funds.--
            (1) In general.--The Secretary and the departments and 
        agencies referred to in section 5(b) may use funds made 
        available for the program for research and development or 
        education and training activities carried out by--
                    (A) State and local governments and academic, 
                nonprofit, and private organizations located in the 
                United States; and
                    (B) State and local governments and academic, 
                nonprofit, and private organizations located in Mexico.
            (2) Condition.--Funds may be made available to a State or 
        local government or organization located in Mexico only if a 
        government or organization located in Mexico (which need not be 
        the recipient of the funds) contributes a significant amount of 
        financial or other resources to the project to be funded.
    (d) Transfer of Funds.--The Secretary may transfer funds to the 
departments and agencies referred to in section 5(b) to carry out the 
responsibilities of the departments and agencies under this Act.

SEC. 8. PROGRAM ADVISORY COMMITTEE.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish an advisory 
        committee consisting of representatives of the private, 
        academic, and public sectors.
            (2) Considerations.--In establishing the advisory 
        committee, the Secretary shall take into consideration 
        organizations in existence on the date of enactment of this 
        Act, such as the Materials Corridor Council and the Business 
        Council for Sustainable Development-Gulf Mexico.
    (b) Consultation and Coordination.--Departments and agencies of the 
United States to which funds are made available under this Act shall 
consult and coordinate with the advisory committee in identifying and 
implementing the appropriate types of projects to be funded under this 
Act.

SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE.

    (a) In General.--Federal departments and agencies participating in 
the program may provide financial and technical assistance to other 
organizations to achieve the purpose of the program.
    (b) Applied Research.--
            (1) Use of cooperative agreements.--
                    (A) In general.--Federal departments and agencies 
                shall, to the extent practicable, use cooperative 
                agreements to fund applied research activities by 
                organizations outside the Federal Government.
                    (B) National laboratories.--In the case of an 
                applied research activity conducted by a national 
                laboratory, a funding method other than a cooperative 
                agreement may be used if such a funding method would be 
                more administratively convenient.
            (2) Federal share.--
                    (A) In general.--The Federal Government shall pay 
                not more than 50 percent of the cost of applied 
                research activities under the program.
                    (B) Qualified funding and resources.--No funds or 
                other resources expended either before the start of a 
                project under the program or outside the scope of work 
                covered by the funding method determined under 
                paragraph (1) shall be credited toward the non-Federal 
                share of the cost of the project.
    (c) Basic Research and Education and Training.--
            (1) In general.--Federal departments and agencies shall, to 
        the extent practicable, use grants to fund basic research and 
        education and training activities by organizations outside the 
        Federal Government.
            (2) National laboratories.--In the case of a basic research 
        or education activity conducted by a national laboratory, a 
        funding method other than a grant may be used if such a funding 
        method would be more administratively convenient.
            (3) Federal share.--The Federal Government may fund 100 
        percent of the cost of the basic research and education and 
        training activities of the program.
    (d) Competitive Selection.--All projects funded under the program 
shall be competitively selected using such selection criteria as the 
Secretary, in consultation with the departments and agencies referred 
to in section 5(b), determines to be appropriate.
    (e) Accounting Standards.--
            (1) Waiver.--To facilitate participation in the program, 
        Federal departments and agencies may waive any requirements for 
        Government accounting standards by organizations that have not 
        established such standards.
            (2) GAAP.--Generally accepted accounting principles shall 
        be sufficient for projects under the program.
    (f) No Construction.--No program funds may be used for 
construction.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$5,000,000 for each of fiscal years 2000 through 2004.
                                 <all>
```