IA

106TH CONGRESS

2D SESSION S. 397

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 2000

Referred to the Committee on Science

AN ACT

To authorize the Secretary of Energy to establish a multiagency program to alleviate the problems caused by rapid

economic development along the United States-Mexico

border, particularly those associated with public health

and environmental security, to support the Materials

Corridor Partnership Initiative, and to promote energy

efficient, environmentally sound economic development

along that border through the development and use of

new technology, particularly hazardous waste and materials technology.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Materials

5 Corridor and United States-Mexico Border Technology

6 Partnership Act of 2000’’.
2

S 397 RFH

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the 2,000 mile long United States-Mexico

4 border region, extending 100 kilometers north and

5 south of the international boundary, has undergone

6 rapid economic growth that has provided economic

7 opportunity to millions of people;

8 (2) the border region’s rapid economic growth

9 has unfortunately created serious problems including

10 pollution, hazardous wastes, and the inefficient use

11 of resources that threaten people’s health and the

12 prospects for long-term economic growth in the re13 gion;

14 (3) there are a significant number of major in15 stitutions in the border States of both countries cur16 rently conducting research, development and testing

17 activities in technologies that might help alleviate

18 these problems;

19 (4)(A) these new technologies may provide

20 major opportunities for significantly—

21 (i) minimizing industrial wastes and pollu22 tion that may pose a threat to public health;

23 (ii) reducing emissions of atmospheric pol24 lutants;

25 (iii) using recycled natural resources as

26 primary materials for industrial production; and
3

S 397 RFH

1 (iv) improving energy efficiency; and

2 (B) such advances will directly benefit both

3 sides of the United States-Mexico border by encour4 aging energy efficient, environmentally sound eco5 nomic development that improves the health and

6 protects the natural resources of the border region;

7 (5) in August 1998, the binational United

8 States-Mexico Border Region Hazardous Wastes

9 Forum, organized by the Department of Energy’s

10 Carlsbad Area Office, resulted in a consensus of ex11 perts from the United States and Mexico that the

12 Department of Energy’s science and technology

13 could be leveraged to address key environmental

14 issues in the border region while fostering further

15 economic development of the border region;

16 (6) the Carlsbad Area Office, which manages

17 the Waste Isolation Pilot Plant in Carlsbad, New

18 Mexico, is well suited to lead a multiagency program

19 focused on the problems of the border region given

20 its significant expertise in hazardous materials and

21 location near the border;

22 (7)(A) promoting clean materials industries in

23 the border region that are energy efficient has been

24 identified as a high priority issue by the United
4

S 397 RFH

1 States-Mexico Foundation for Science Cooperation;

2 and

3 (B) at the 1998 discussions of the United

4 States-Mexico Binational Commission, Mexico for5 mally proposed joint funding of a ‘‘Materials Cor6 ridor Partnership Initiative’’, proposing $1,000,000

7 to implement the Initiative if matched by the United

8 States;

9 (8) recognizing the importance of materials

10 processing, research institutions in the border States

11 of both the United States and Mexico, in conjunction

12 with private sector partners of both nations, and

13 with strong endorsement from the Government of

14 Mexico, in 1998 organized the Materials Corridor

15 Council to implement a cooperative program of ma16 terials research and development, education and

17 training, and sustainable industrial development as

18 part of the Materials Corridor Partnership Initiative;

19 and

20 (9) successful implementation of this Act would

21 advance important United States energy, environ22 mental, and economic goals not only in the United

23 States-Mexico border region but also serve as a

24 model for similar collaborative, transnational initia25 tives in other regions of the world.
5

S 397 RFH

1 SEC. 3. PURPOSE.

2 The purpose of this Act is to establish a multiagency

3 program to—

4 (1) alleviate the problems caused by rapid eco5 nomic development along the United States-Mexico

6 border;

7 (2) support the Materials Corridor Partnership

8 Initiative referred to in section 2(7); and

9 (3) promote energy efficient, environmentally

10 sound economic development along that border

11 through the development and use of new tech12 nologies, particularly hazardous waste and materials

13 technologies.

14 SEC. 4. DEFINITIONS.

15 In this Act:

16 (1) PROGRAM.—The term ‘‘program’’ means

17 the program established under section 5(a).

18 (2) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of Energy.

20 SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE

21 PROGRAM.

22 (a) ESTABLISHMENT.—

23 (1) IN GENERAL.—The Secretary shall establish

24 a multiagency program to—

25 (A) alleviate the problems caused by rapid

26 economic development along the United States-
6

S 397 RFH

1 Mexico border, particularly those associated

2 with public health and environmental security;

3 (B) support the Materials Corridor Part4 nership Initiative; and

5 (C) promote energy efficient, environ6 mentally sound economic development along

7 that border through the development and use of

8 new technologies, particularly hazardous waste

9 and materials technologies.

10 (2) CONSIDERATIONS.—In developing the pro11 gram, the Secretary shall give due consideration to

12 the proposal made to the United States-Mexico Bi13 national Commission for the Materials Corridor

14 Partnership Initiative.

15 (3) PROGRAM MANAGEMENT.—This program

16 shall be managed for the Secretary by the Depart17 ment’s Carlsbad Area Office, with support, as nec18 essary, from the Albuquerque Operations Office.

19 (b) PARTICIPATION OF OTHER FEDERAL AGENCIES

20 AND COMMISSIONS.—The Secretary shall organize and

21 conduct the program jointly with—

22 (1) the Department of State;

23 (2) the Environmental Protection Agency;

24 (3) the National Science Foundation;
7

S 397 RFH

1 (4) the National Institute of Standards and

2 Technology;

3 (5) the United States-Mexico Border Health

4 Commission; and

5 (6) any other departments, agencies, or com6 missions the participation of which the Secretary

7 considers appropriate.

8 (c) PARTICIPATION OF THE PRIVATE SECTOR.—

9 When appropriate, funds made available under this act

10 shall be made available for technology deployment, re11 search, and training activities that are conducted with the

12 participation and support of private sector organizations

13 located in the United States and, subject to section

14 7(c)(2), Mexico, to promote and accelerate in the United

15 States-Mexico border region the use of energy efficient,

16 environmentally sound technologies and other advances re17 sulting from the program.

18 (d) MEXICAN RESOURCE CONTRIBUTIONS.—The

19 Secretary shall—

20 (1) encourage public, private, nonprofit, and

21 academic organizations located in Mexico to con22 tribute significant financial and other resources to

23 the program; and

24 (2) take any such contributions into account in

25 conducting the program.
8

S 397 RFH

1 (e) TRANSFER OF TECHNOLOGY FROM NATIONAL

2 LABORATORIES.—In conducting the program, the Sec3 retary shall emphasize the transfer and use of technology

4 developed by the national laboratories of the Department

5 of Energy.

6 SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS.

7 (a) ACTIVITIES.—Funds made available under this

8 Act shall be made available for technology deployment, re9 search, and training activities, particularly related to haz10 ardous waste and materials technologies, that will alleviate

11 the problems caused by rapid economic development along

12 the United States-Mexico border, that focus on issues re13 lated to the protection of public health and environmental

14 security, and that promote—

15 (1) minimization of industrial wastes and pol16 lutants;

17 (2) reducing emissions of atmospheric pollut18 ants;

19 (3) use of recycled resources as primary mate20 rials for industrial production; and

21 (4) improvement of energy efficiency.

22 (b) MAJOR PROGRAM ELEMENTS.—

23 (1) IN GENERAL.—The program shall have the

24 following major elements, all of which shall empha25 size hazardous waste and materials technologies:
9

S 397 RFH

1 (A) Technology Deployment, focused on

2 the clear, operational demonstration of the util3 ity of well developed technologies in new organi4 zations or settings.

5 (B) Research, focused on developing, ma6 turing, and refining technologies to investigate

7 or improve the feasibility or utility of the tech8 nologies.

9 (C) Training, focused on training busi10 nesses, industries, and their workers in the bor11 der region in energy efficient, environmentally

12 sound technologies that minimize waste, de13 crease public health risks, increase recycling,

14 and improve environmental security.

15 (2) TECHNOLOGY DEPLOYMENT AND RE16 SEARCH.—Projects under paragraph (1)(A) and

17 (1)(B) should typically involve significant participa18 tion from private sector organizations that would use

19 or sell such a technology.

20 SEC. 7. PARTICIPATION OF DEPARTMENTS, AGENCIES, AND

21 COMMISSIONS OTHER THAN THE DEPART22 MENT OF ENERGY.

23 (a) AGREEMENT.—Not later than 120 days after the

24 date of enactment of this Act, the Secretary shall enter

25 into an agreement with the departments, agencies, and
10

S 397 RFH

1 commissions referred to in section 5(b) on the coordina2 tion and implementation of the program.

3 (b) ACTIONS OF DEPARTMENTS, AGENCIES, AND

4 COMMISSIONS.—Any action of a department, agency, or

5 commission under an agreement under subsection (a) shall

6 be the responsibility of that department, agency, or com7 mission and shall not be subject to approval by the Sec8 retary.

9 (c) USE OF FUNDS.—

10 (1) IN GENERAL.—The Secretary and the de11 partments, agencies, and commissions referred to in

12 section 5(b) may use funds made available for the

13 program for technology deployment, research, or

14 training activities carried out by—

15 (A) State and local governments and aca16 demic, nonprofit, and private organizations lo17 cated in the United States; and

18 (B) State and local governments and aca19 demic, nonprofit, and private organizations lo20 cated in Mexico.

21 (2) CONDITION.—Funds may be made available

22 to a State or local government or organization lo23 cated in Mexico only if a government or organization

24 located in Mexico (which need not be the recipient

25 of the funds) contributes a significant amount of fi-
11

S 397 RFH

1 nancial or other resources to the project to be fund2 ed.

3 (d) TRANSFER OF FUNDS.—The Secretary may

4 transfer funds to the departments, agencies, and commis5 sions referred to in section 5(b) to carry out the respon6 sibilities of the departments, agencies, and commissions

7 under this Act.

8 SEC. 8. PROGRAM ADVISORY COMMITTEE.

9 (a) ESTABLISHMENT.—

10 (1) IN GENERAL.—The Secretary shall establish

11 an advisory committee consisting of representatives

12 of the private, academic, and public sectors.

13 (2) CONSIDERATIONS.—In establishing the ad14 visory committee, the Secretary shall take into con15 sideration organizations in existence on the date of

16 enactment of this Act, such as the Materials Cor17 ridor Council and the Business Council for Sustain18 able Development-Gulf Mexico.

19 (b) CONSULTATION AND COORDINATION.—Depart20 ments, agencies, and commissions of the United States to

21 which funds are made available under this Act shall con22 sult and coordinate with the advisory committee in identi23 fying and implementing the appropriate types of projects

24 to be funded under this Act.
12

S 397 RFH

1 SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE.

2 (a) IN GENERAL.—Federal departments, agencies,

3 and commissions participating in the program may pro4 vide financial and technical assistance to other organiza5 tions to achieve the purpose of the program.

6 (b) TECHNOLOGY DEPLOYMENT AND RESEARCH.—

7 (1) USE OF COOPERATIVE AGREEMENTS.—

8 (A) IN GENERAL.—Federal departments,

9 agencies, and commissions shall, to the extent

10 practicable, use cooperative agreements to fund

11 technology deployment and research activities

12 by organizations outside the Federal Govern13 ment.

14 (B) NATIONAL LABORATORIES.—In the

15 case of a technology deployment or research ac16 tivity conducted by a national laboratory, a

17 funding method other than a cooperative agree18 ment may be used if such a funding method

19 would be more administratively convenient.

20 (2) FEDERAL SHARE.—

21 (A) IN GENERAL.—The Federal Govern22 ment shall pay not more than 50 percent of the

23 cost of technology deployment or research ac24 tivities under the program.

25 (B) QUALIFIED FUNDING AND RE26 SOURCES.—No funds or other resources ex-
13

S 397 RFH

1 pended either before the start of a project

2 under the program or outside the scope of work

3 covered by the funding method determined

4 under paragraph (1) shall be credited toward

5 the non-Federal share of the cost of the project.

6 (c) TRAINING.—

7 (1) IN GENERAL.—Federal departments, agen8 cies, and commissions shall, to the extent prac9 ticable, use grants to fund training activities by or10 ganizations outside the Federal Government.

11 (2) NATIONAL LABORATORIES.—In the case of

12 a training activity conducted by a national labora13 tory, a funding method other than a grant may be

14 used if such a funding method would be more ad15 ministratively convenient.

16 (3) FEDERAL SHARE.—The Federal Govern17 ment may fund 100 percent of the cost of the train18 ing activities of the program.

19 (d) SELECTION.—All projects funded under

20 contracts, grants, or cooperative agreements estab21 lished under this program shall, to the maximum ex22 tent practicable, be selected in an open, competitive

23 process using such selection criteria as the Sec24 retary, through his program management, and in

25 consultation with the departments, agencies, and
14

S 397 RFH

1 commissions referred to in section 5(b), determines

2 to be appropriate. Any such selection process shall

3 weigh the benefits to the border region.

4 (e) ACCOUNTING STANDARDS.—

5 (1) WAIVER.—To facilitate participation in the

6 program, Federal departments, agencies, and com7 missions may waive any requirements for Govern8 ment accounting standards by organizations that

9 have not established such standards.

10 (2) GAAP.—Generally accepted accounting

11 principles shall be sufficient for projects under the

12 program.

13 (f) NO CONSTRUCTION.—No program funds may be

14 used for construction.

15 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

16 There is authorized to be appropriated to carry out

17 this Act $10,000,000 for each of fiscal years 2000 through

18 2004.

Passed the Senate April 13, 2000.

Attest: GARY SISCO,

Secretary.