103D CONGRESS
2D SESSION
H. R. 3870
AN ACT
To promote the research and development of environmental
technologies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—GENERAL PROVISIONS
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Environmental Technologies Act of 1994’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
TITLE I—GENERAL PROVISIONS
Sec. 101. Short title; table of contents.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II—POLICY COORDINATION AND TECHNOLOGY PROGRAMS
Subtitle A—Policy Coordination and Program Planning
Sec. 201. Coordination of environmental technology research and development.
Sec. 202. Life-cycle assessments.
Sec. 203. Environmental technologies in ongoing programs.
Subtitle B—Environmental Technology Innovation Initiative
Sec. 211. Establishment and administration of initiative.
Sec. 212. Innovative environmental technology program.
Sec. 213. President’s total environmental quality award and the national envi-
ronmentally sound technology award.
Sec. 214. Incorporation of information on environmental technologies into exist-
ing 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 devel-
opment.
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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SEC. 102. FINDINGS.
The Congress finds the following:
(1) Promoting a sound economy and maintain-
ing a healthy environment are among the urgent
public policy challenges of the United States.
(2) The research, development, and demonstra-
tion of environmental technologies will enhance the
economic standing of the United States and global
environmental security.
(3) Although better designs for products and
processes offer new opportunities for substantially
improved environmental performance in growing do-
mestic and international markets, current govern-
ment regulations and market barriers do not allow
these opportunities to be fully exploited.
(4) Although the Federal Government, research
institutes, universities, and industries are conducting
substantial basic environmental research and devel-
opment, environmental concerns must become a
more pervasive and central dimension of technology
research and development.
(5) The coordination of Federal, State, and
local activities for the research, development, and
demonstration of environmental technologies will
greatly enhance the effectiveness of environmental
policies of the United States.
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SEC. 103. PURPOSES.
It is the purpose of this Act—
(1) to improve, consistent with applicable provi-
sions of law, coordination and integration of environ-
mental technology research and development per-
formed by and across Federal agencies;
(2) to assist and catalyze efforts of private in-
dustry, universities, nonprofit research centers, and
Federal laboratories in the research, development,
and demonstration of cost-effective, energy-efficient,
and safe environmental technologies and, in the
process, to promote the competitiveness of United
States companies;
(3) to facilitate the dissemination of informa-
tion regarding innovations in environmental tech-
nologies;
(4) to promote the development of technical
performance measurements of environmentally sound
products; and
(5) to direct the study of policy changes that
will provide for the more efficient research, develop-
ment, and demonstration of environmental tech-
nologies.
SEC. 104. DEFINITIONS.
For the purposes of this Act:
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(5) The term ‘‘Federal laboratory’’ has the
meaning given the term ‘‘laboratory’’ in section
12(d)(2) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(2)).
(6) The term ‘‘life-cycle assessment’’ means an
inventory of the resource use and waste generation
involved in developing a technology, including mate-
rials extraction, materials conversion, transportation,
energy use, end use, recycling, and disposal, and
their associated costs and environmental impacts.
(7) The term ‘‘small business concern’’ means
a United States company that is a small business
concern within the meaning given such term in the
Small Business Act (15 U.S.C 631 et seq.).
(8) The term ‘‘sustainable economic develop-
ment’’ means the integration of environmental and
economic development concerns leading to continu-
ous and long-term economic development with re-
duced pollution and the more efficient use of energy
and materials.
(9) The term ‘‘technology’’ means a product, a
manufacturing process, a system, a service, or any
other method by which individual or societal needs
are met through technical activities.
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TITLE 
II—POLICY 
COORDINA-
TION AND TECHNOLOGY PRO-
GRAMS
Subtitle A—Policy Coordination
and Program Planning
SEC. 201. COORDINATION OF ENVIRONMENTAL TECH-
NOLOGY RESEARCH AND DEVELOPMENT.
(a) INTERAGENCY COORDINATION.—The President,
acting through the Director of the Office of Science and
Technology Policy or other entity designated by the Presi-
dent and in coordination with the heads of other Federal
agencies that have substantial capabilities in the research,
development, and demonstration of environmental tech-
nologies, shall develop an interagency strategy that is in
accordance with the policies, requirements, and objectives
of the applicable Federal statutes administered by those
agencies and that—
(1) ensures, to the maximum extent practicable,
the coordinated, interagency promotion of the re-
search, development, and demonstration of environ-
mental technologies; and
(2) develops priorities for Federal environ-
mental technology research, development, and dem-
onstration efforts, by using scientifically objective in-
formation, data, and assessments of risk.
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(b) IMPLEMENTATION.—In carrying out this section,
the President, acting through the Director of the Office
of Science and Technology Policy or other entity des-
ignated by the President, shall—
(1) review current Federally funded programs,
including Federal budget outlays for these programs,
to determine their role in the research, development,
and demonstration of environmental technologies;
(2) recommend the specific responsibilities of
each appropriate Federal agency to achieve the pri-
orities developed under this section;
(3) describe the recommended levels of Federal
funding required for each Federal agency to carry
out the specific responsibilities recommended in
paragraph (2);
(4) develop a means for ensuring, to the maxi-
mum extent practicable, that the principles of sus-
tainable economic development are integrated into
the research, development, and technology programs
of all Federal agencies;
(5) ensure that programs and activities estab-
lished under this Act are fully coordinated with ex-
isting Federal capabilities and an overall Federal
strategy for the research, development, and dem-
onstration of environmental technologies;
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(6) ensure that the efforts of the Federal Gov-
ernment are coordinated with the efforts of State
and local governments and private and nonprofit or-
ganizations promoting the research, development,
and demonstration of environmental technologies;
(7) ensure that in developing the interagency
strategy for the research, development, and dem-
onstration of environmental technologies pursuant to
this section, priority is given to geographic areas of
significant environmental need, including geographic
areas that have been designated as nonattainment
areas under section 107(d)(1)(A)(i) of the Clean Air
Act (42 U.S.C. 7407(d)(1)(A)(i));
(8) ensure that programs and activities estab-
lished under this Act develop technologies that could
assist States and regional associations of States to
comply with existing environmental regulations, in-
cluding air pollution regulations; and
(9) submit to the Congress any recommenda-
tions regarding legislative or administrative action,
including recommendations on the roles of Federal
agencies, which may be required to carry out this
section.
(c) BUDGET COORDINATION.—The Director of the
Office of Science and Technology Policy shall annually as-
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sess, in conjunction with other entities designated by the
President and before the President submits to the Con-
gress the budget for a fiscal year, the budget estimate of
each relevant Federal agency for consistency with the
plans, reviews, and priorities developed under this section.
The Director shall make the results of the annual assess-
ment available to the appropriate elements of the Execu-
tive Office of the President, particularly the Office of Man-
agement and Budget, for use in the preparation of such
budget.
(d) STRATEGIC PLAN AND ANNUAL REVIEW.—The
Director of the Office of Science and Technology Policy
or other entity designated by the President shall submit
to the Congress—
(1) within one year after the date of the enact-
ment of this Act and periodically thereafter, a report
on the strategy referred to in subsection (a) and any
revisions to the strategy for executing interagency
coordination of programs and activities conducted
under this section, including the timely research, de-
velopment, and demonstration of innovative environ-
mental control and remediation technologies; and
(2) annually a report that describes the
progress made in implementing the strategy, includ-
ing the programs and activities conducted under this
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Act, and the amendments made by this Act, in
achieving the purposes of this Act.
(e) NON-FEDERAL PARTICIPATION.—The Director of
the Office of Science and Technology Policy shall establish
mechanisms to ensure the participation of non-Federal en-
tities, including State and local governments, United
States companies, United States industrial associations
and consortia, United States institutions of higher edu-
cation, United States worker organizations, United States
professional associations, and United States nonprofit or-
ganizations, in carrying out this section, including the de-
velopment of the plans, reviews, and recommendations de-
veloped under this section.
SEC. 202. LIFE-CYCLE ASSESSMENTS.
(a) FINDINGS.—The Congress finds the following:
(1) Consideration of life-cycle consequences of
the development of a technology can greatly assist in
the achievement of more environmentally sound
products, processes, and services and enhanced in-
dustrial efficiency. Life-cycle assessments and other
design-for-environment resources can facilitate this
achievement by clarifying materials flows and energy
flows and by enhancing capabilities to assess these
flows in the design of such products, processes, and
services.
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(2) Methods of life-cycle assessment and other
design-for-environment resources are underused in
both the public and private sectors, particularly as
applied to sustainable economic development.
(3) The data necessary for meaningful life-cycle
assessment and other design-for-environment re-
sources are often difficult to acquire, and no system
exists to make such data readily available to public
and private groups.
(b) LIFE-CYCLE ASSESSMENT COORDINATION.—
(1) IN GENERAL.—As part of, and consistent
with, the overall Federal environmental technology
strategy established in section 201, the Director of
the Office of Science and Technology Policy or other
entity designated by the President shall, in collabo-
ration with the heads of other appropriate Federal
agencies (including the Secretary of Commerce, the
Secretary of Energy, and the Secretary of Defense),
coordinate Federal activities and resources that are
applied to life-cycle assessment and other design-for-
environment resources in order to maximize the con-
tribution of life-cycle assessments and other design-
for-environment resources to the efficient design, de-
velopment, and use of technologies, and to sustain-
able economic development.
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(2) IMPLEMENTATION.—In carrying out this
subsection, the Director of the Office of Science and
Technology Policy or other entity designated by the
President shall—
(A) ensure that the life-cycle assessment
and other design-for-environment resources of
each Federal agency are developed and dissemi-
nated in a coordinated fashion, partitioning
agency responsibilities where appropriate;
(B) coordinate with State and local govern-
ments developing life-cycle assessment and
other design-for-environment resources; and
(C) consult with industry, professional,
nonprofit, and other appropriate private-sector
organizations to take into account the life-cycle
assessment and other design-for-environment
capabilities of the private sector in carrying out
this section.
(3) OTHER ACTIVITIES.—In carrying out this
subsection, the Director of the Office of Science and
Technology Policy or other entity designated by the
President shall also encourage appropriate Federal
agencies—
(A) to collect and disseminate information
regarding analytic methods (and, as required,
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to develop such methods) that will significantly
enhance the ability of United States companies
and other organizations to evaluate materials
extraction, materials conversion, transportation,
energy use, end use, recycling, and disposal,
and their associated costs and environmental
impacts;
(B) to utilize, to the fullest extent prac-
ticable, 
existing 
networks 
and 
supporting
databases which provide access to publicly avail-
able information that will facilitate the use of
life-cycle assessments and other design-for-envi-
ronment resources;
(C) to sponsor demonstrations for public
policy and business decisionmakers of the effec-
tive use of life-cycle assessment and other de-
sign-for-environment data and methods de-
scribed in this section; and
(D) to ensure that private-sector life-cycle
assessment and other design-for-environment
capabilities are, and continue to be, fully inte-
grated into activities under this section.
(4) LIMITATION.—Nothing in this section shall be
considered to require the use of life-cycle assessment or
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other design-for-environment data or methods by any Fed-
eral agency.
(c) ANNUAL REVIEW.—The Director of the Office of
Science and Technology Policy or other entity designated
by the President shall annually submit to the Congress
a report containing an evaluation of the life-cycle assess-
ment or other design-for-environment activities of the
Federal Government.
SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING
PROGRAMS.
(a) STEVENSON-WYDLER AMENDMENTS.—The Ste-
venson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701) is amended—
(1) in section 2(2), by inserting ‘‘greater envi-
ronmental sustainability,’’ after ‘‘employment oppor-
tunities,’’;
(2) in section 3(1), by inserting ‘‘for sustainable
economic development’’ after ‘‘stimulate technology’’;
(3) in section 4, by adding at the end the fol-
lowing new paragraph:
‘‘(14) 
‘Sustainable 
economic 
development’
means the integration of environmental and eco-
nomic development concerns leading to continuous
and long-term economic development with reduced
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pollution and the more efficient use of energy and
materials.’’;
(4) in section 6(a), by inserting ‘‘and sustain-
able economic development in their regions’’ after
‘‘enhance the competitiveness of American busi-
ness’’;
(5) in section 6(d), by inserting ‘‘and sustain-
able economic development in their regions’’ after
‘‘enhance the competitiveness of American busi-
nesses’’;
(6) in section 7(a), by inserting ‘‘and sustain-
able economic development’’ after ‘‘enhance techno-
logical innovation’’;
(7) in section 7(c)(1), by inserting ‘‘sustainable
economic development,’’ after ‘‘employment,’’;
(8) in section 9(a), by inserting ‘‘and sustain-
able economic development’’ after ‘‘enhance techno-
logical innovation’’; and
(9) in section 11(c)(1), by inserting ‘‘and would
enhance sustainable economic development’’ after
‘‘commercial applications’’.
(b) NIST AMENDMENTS.—The National Institute of
Standards and Technology Act (15 U.S.C. 271) is amend-
ed—
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(1) in section 1(b)(1), by inserting ‘‘sustainable
economic development,’’ after ‘‘improved product re-
liability and manufacturing processes,’’;
(2) in section 1, by adding after subsection (b)
the following new subsection:
‘‘(c) For purposes of this section, the term ‘sustain-
able economic development’ means the integration of envi-
ronmental and economic development concerns leading to
continuous and long-term economic development with re-
duced pollution and the more efficient use of energy and
materials.’’; and
(3) in section 2(b)(1), by inserting ‘‘to enhance
sustainable economic development (as that term is
defined in section 1(c)),’’ after ‘‘to improve qual-
ity,’’.
(c) TECHNICAL AMENDMENT.—Section 214 of the
National Aeronautics and Space Administration Author-
ization Act, Fiscal Year 1989 (42 U.S.C. 2451 note) is
amended—
(1) 
by 
striking 
‘‘102(c)’’ 
and 
inserting
‘‘102(d)’’; and
(2) by striking ‘‘2451(c)’’ and inserting
‘‘2451(d)’’.
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(d) NASA AMENDMENTS.—The National Aero-
nautics and Space Act of 1958 (42 U.S.C. 2451 note) is
amended—
(1) in section 102(d)—
(A) by redesignating paragraphs (6), (7),
(8), and (9) as paragraphs (7), (8), (9), and
(10), respectively; and
(B) by inserting after paragraph (5) the
following new paragraph:
‘‘(6) The making available to Federal and non-
Federal entities of the United States, technologies
that will enhance the sustainable economic develop-
ment of the Nation.’’; and
(2) in section 103—
(A) by striking ‘‘; and’’ in paragraph (1)
and inserting a semicolon;
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(3) the term ‘sustainable economic develop-
ment’ means the integration of environmental and
economic development concerns leading to continu-
ous and long-term economic development with re-
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duced pollution and the more efficient use of energy
and materials.’’.
(e) NSF AMENDMENTS.—
(1) FUNCTIONS.—Section 3(a) of the National
Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.) is amended—
(A) in paragraph (6), by striking ‘‘; and’’
and inserting a semicolon;
(B) in paragraph (7), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(8) to foster education and research that
would promote sustainable economic development
nationally and internationally.’’.
(2) DEFINITION.—Subsection (g) of section 14
of such Act is amended as follows:
(A) By striking ‘‘(g) For purposes of this
Act, the term’’ and inserting the following:
‘‘(g) For purposes of this Act:
‘‘(1) The term’’.
(B) By adding after paragraph (1), as des-
ignated by subparagraph (A) of this paragraph,
the following new paragraph:
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‘‘(2) The term ‘sustainable economic develop-
ment’ means the integration of environmental and
economic development concerns leading to continu-
ous and long-term economic development with re-
duced pollution and the more efficient use of energy
and materials.’’.
Subtitle B—Environmental
Technology Innovation Initiative
SEC. 211. ESTABLISHMENT AND ADMINISTRATION OF INI-
TIATIVE.
(a) ESTABLISHMENT.—There is established an inter-
agency Environmental Technologies Innovation Initiative,
to be implemented as part of, and consistent with, the
overall Federal environmental technology strategy estab-
lished in section 201, to promote the research, develop-
ment, and demonstration of technologies that will contrib-
ute significantly to sustainable economic development. The
Administrator shall administer the initiative in collabora-
tion with the heads of other Federal agencies, including
the Secretary of Commerce, the Secretary of Energy, the
Secretary of Defense, the Director of the National Science
Foundation, the Secretary of Agriculture, and the Sec-
retary of Interior, that have substantial capabilities in ad-
vanced technology research and development.
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(b) CONDUCT OF INITIATIVE PROGRAMS AND ACTIVI-
TIES.—The initiative referred to in subsection (a) shall in-
clude—
(1) the administration and award of the Presi-
dent’s Total Environmental Quality Award estab-
lished under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701
et seq.), as added by section 213, and of the Na-
tional Environmentally Sound Technology Award es-
tablished under section 25 of such Act, as added by
section 213;
(2) the conduct of the Innovative Environ-
mental Technology Program described in section
212, the information activities described in section
214, and the environmental technology demonstra-
tion program described in section 215, the dem-
onstration program established pursuant to section
218, and the international environmental technology
demonstration assistance provided under section
219; and
(3) the study provided for in section 216.
(c) AGREEMENTS WITH OTHER AGENCIES; ASSIST-
ANCE.—
(1) IN GENERAL.—To carry out a section re-
ferred to in subsection (b)(2), the Administrator
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may enter into an agreement with the head of an-
other Federal agency, and enter into contracts and
cooperative agreements with, and award grants to,
entities eligible for financial assistance under that
section.
(2) COMPETITIVE
PROCESS.—The Adminis-
trator (or the head of a Federal agency under an
agreement under paragraph (1)) shall select propos-
als for financial assistance under a section referred
to in subsection (b)(2) solely through a competitive,
merit-based evaluation process.
(3) INTEGRATION
OF
INDUSTRY
AND
OTHER
VIEWS.—The Administrator (or the head of a Fed-
eral agency under an agreement under paragraph
(1)) shall develop mechanisms for integrating the
views of representatives of industry and nonprofit
and other appropriate organizations into the process
by which proposals for financial assistance under a
section referred to in subsection (b)(2) are evaluated
and selected.
(d) OTHER ASSISTANCE AUTHORIZED.—The Admin-
istrator, in collaboration with the heads of other appro-
priate Federal agencies that have substantial capabilities
in advanced technology research and development and as
appropriate, may provide an entity receiving financial as-
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sistance under a section referred to in subsection (b)(2)
with any technical and other assistance, including any
equipment and facilities of Federal laboratories (including
the scientists and engineers at those laboratories), nec-
essary to carry out such section.
(e) ANNUAL INTERAGENCY PLAN AND REVIEW.—
The Administrator, in collaboration with the heads of
other appropriate Federal agencies (including the Sec-
retary of Commerce and the Secretary of Energy) and in
consultation with representatives of industry, nonprofit,
and other appropriate organizations, shall develop a stra-
tegic plan for the programs and activities referred to in
subsection (b)(2) as part of, and consistent with, the over-
all Federal environmental technology strategy established
in section 201 and shall report to the Congress on the
performance of such programs and activities as part of
the annual report described in section 201(d). Such report
shall include an evaluation of—
(1) the success of innovations resulting from
such programs and activities; and
(2) the nature and extent of participation of so-
cially disadvantaged individuals and economically
disadvantaged individuals, as such terms are defined
in paragraphs (6)(A) and (5) of section 8(a) of the
Small Business Act (15 U.S.C. 637(a)(6)(A),(5)),
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respectively, including women, including an evalua-
tion of any steps taken to encourage the participa-
tion of such individuals.
(f) ADMINISTRATION.—
(1) IN
GENERAL.—In administering the pro-
grams and activities referred to in subsection (b)(2),
the Administrator shall—
(A) monitor the manner in which any tech-
nologies developed as a result of the programs
and activities are used, and report periodically
to the Congress on the extent of any inter-
national transfer of these technologies;
(B) provide for appropriate dissemination
of the results of any research conducted under
such program and activities; and
(C) take any other action the Adminis-
trator considers necessary to carry out the pro-
grams and activities and to avoid unnecessary
duplication of effort by Federal agencies.
(2) APPLICABILITY
OF
OTHER
LAW.—Para-
graphs (5), (6), (7), (8), and (11) of section 28(d)
of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n(d)) shall apply to the
administration of the programs and activities re-
ferred to in subsection (b)(2).
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(3) PARTICIPATION
OF
SOCIALLY
AND
ECO-
NOMICALLY DISADVANTAGED INDIVIDUALS.—In car-
rying out the sections referred to in subsection
(b)(2), the Administrator shall encourage the par-
ticipation of socially disadvantaged individuals and
economically disadvantaged individuals, as such
terms are defined in paragraphs (6)(A) and (5) of
section 8(a) of the Small Business Act (15 U.S.C.
637(a)(6)(A),(5)), respectively, including women.
(g) ECONOMICALLY DEPRESSED AREAS.—The Ad-
ministrator, in collaboration with the heads of other ap-
propriate Federal agencies, shall seek to ensure that enti-
ties eligible for assistance under a section referred to in
subsection (b)(2) and located in areas determined by the
Administrator to have a depressed economy, or a signifi-
cant concentration of defense-related industries, or chron-
ically high unemployment, are notified of the assistance
made available under that section and, to the extent prac-
ticable, to encourage and facilitate the participation of
such entities in activities for which assistance is provided
under that section.
(h) LIMITATION
ON CONSTRUCTION
OF FACILI-
TIES.—The Administrator may not provide financial as-
sistance to an entity under this section for the construc-
tion of facilities.
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(i) MANAGEMENT.—The Administrator shall pre-
scribe any regulations necessary to carry out each section
referred to in subsection (b)(2), including regulations—
(1) prescribing the form, time, and manner in
which proposals for financial assistance under such
section shall submitted; and
(2) providing consideration of in-kind contribu-
tions by a non-Federal Government entity participat-
ing in a program or activity conducted under such
section for the purpose of determining the share of
the costs of participating in the program or activity
that have been or are being undertaken by that en-
tity.
SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY
PROGRAM.
(a) ESTABLISHMENT.—The Administrator, in col-
laboration with the heads of other appropriate Federal
agencies (including the Secretary of Commerce, the Sec-
retary of Energy, and the Secretary of Defense), shall con-
duct an interagency innovative environmental technology
program 
to 
develop 
or 
demonstrate 
advanced
precommercial environmental technologies and which, to
avoid redundancy and ensure efficiency, will be a part of,
and consistent with, the overall Federal environmental
strategy established in section 201.
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(b) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An
entity shall be eligible for financial assistance to conduct
a demonstration or development project under the pro-
gram established under subsection (a) only if the entity
is either a single United States company or a partnership
which—
(1) includes two or more United States compa-
nies; and
(2) may include, as determined appropriate by
the Administrator, a Federal laboratory or labora-
tories, United States nonprofit organizations, United
States institutions of higher education, agencies of
States governments, and other entities that partici-
pate in the partnership by supporting the activities
conducted by such companies or corporations under
this section.
(c) CRITERIA FOR SELECTION OF PROPOSALS.—The
Administrator shall give priority consideration to the fol-
lowing criteria in evaluating proposals for financial assist-
ance under this section:
(1) Contribution to the priorities established
pursuant to section 201(a)(2).
(2) Significant improvement in environmental
soundness of the production process.
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(3) Contribution to industrial competitiveness,
including new markets, reduced production costs,
and enhanced global competitiveness.
(4) Improvement in the environment of the
workplace.
(5) Applicability to other industrial processes.
(6) Improvement in technological capability to
recycle complex combinations of materials.
(7) Innovative application of post-consumer ma-
terials.
(8) Direct application to environmental tech-
nologies needed for United States business and in-
dustry.
(9) Other criteria established by the Adminis-
trator.
(d) AWARD CONDITIONS.—Financial assistance pro-
vided under this section shall be subject to the following
conditions:
(1) Such assistance may be made for not more
than five years for single United States companies
and not more than five years for partnerships.
(2) Except as provided in paragraph (3), the
Federal Government may provide financial assist-
ance to an entity under this section in an amount
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that is not more than a minority share of the cost
of the project conducted by the partnership.
(3) The Federal share of the cost of a project
conducted by a partnership under this section may
exceed the limitation described in paragraph (2) if
the partnership is composed entirely of small busi-
ness concerns.
(4) The Administrator has determined that—
(A) an applicant for any such assistance
has made reasonable efforts to obtain non-Fed-
eral funding for the Federal cost share sought
to be received under this section; and
(B) such non-Federal funding could not be
reasonably obtained.
(5) Each project under this section shall be car-
ried out under such terms and conditions as the Ad-
ministrator shall require to ensure the protection of
human health and the environment.
(e) EVALUATION.—As part of the annual evaluation
referred to in section 211(e), the Administrator shall con-
duct an evaluation of—
(1) the extent to which technologies developed
pursuant to the program established under sub-
section (a) are used;
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(2) the contribution of such technologies to re-
duced pollution and the more efficient use of energy
and materials; and
(3) the contribution of such technologies to eco-
nomic development.
(f) RECOUPMENT.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Ad-
ministrator shall establish procedures and criteria
for recoupment in connection with any project, for
which financial assistance is provided under this sec-
tion, which has led to the development of a product
or process which is marketed or used.
(2) 
REQUIREMENT
AS
CONDITION
FOR
AWARD.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), such recoupment shall be re-
quired as a condition for the provision of finan-
cial assistance under this section, shall be pro-
portional to the Federal share of the cost of the
project, and shall be derived from the proceeds
of royalties or licensing fees received in connec-
tion with such product or process.
(B) EXCEPTION.—In the case of a product
or process which is used by the recipient of fi-
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nancial assistance under this section for the
production and sale of its own products or proc-
esses, the recoupment shall consist of a pay-
ment equivalent to the payment which would be
made under subparagraph (A).
(3) WAIVER.—The Administrator may at any
time waive or defer all or some of the recoupment
requirements of this subsection as necessary, de-
pending on—
(A) the commercial competitiveness of the
entity or entities developing or using the prod-
uct or process;
(B) the profitability of the project; and
(C) the commercial viability of the product
or process used.
SEC. 213. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY
AWARD 
AND 
THE 
NATIONAL 
ENVIRON-
MENTALLY SOUND TECHNOLOGY AWARD.
(a) FINDINGS.—The Congress finds the following:
(1) Award programs such as the Malcolm
Baldrige National Quality Award Program have
made substantial contributions to private enterprise
by providing a framework upon which organizations
can improve their operations and by focusing on is-
sues important to their competitiveness.
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(2) A President’s Total Environmental Quality
Award Program modeled on the Malcolm Baldrige
National Quality Award Program would contribute
to environmental quality and sustainable economic
development by—
(A) helping to stimulate United States
companies to research, develop, and dem-
onstrate environmental technologies;
(B) recognizing the achievements of such
companies which successfully research, develop,
and demonstrate environmental technologies;
and
(C) establishing guidelines and criteria
that can be used by business, industrial, gov-
ernmental, and other organizations in evaluat-
ing their own research, development, and dem-
onstration of environmental technologies.
(b) PURPOSE.—It is the purpose of this section to
provide for the establishment and conduct of a President’s
Total Environmental Quality Award Program and a Na-
tional Environmentally Sound Technology Award Pro-
gram under which awards are given to recognize the suc-
cessful research, development, and demonstration of envi-
ronmental technologies, and information is disseminated
about such success.
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(c) ESTABLISHMENT OF AWARDS.—The Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by inserting after section 23 the
following new sections:
‘‘SEC. 24. PRESIDENT’S TOTAL ENVIRONMENTAL QUALITY
AWARD.
‘‘(a) ESTABLISHMENT.—There is hereby established
the President’s Total Environmental Quality Award (in
this section referred to as the ‘Award’).
‘‘(b) DESIGN.—The Award shall be evidenced by a
medal bearing the inscription ‘President’s Total Environ-
mental Quality Award’.
‘‘(c) AWARD SELECTION PROCESS.—The Secretary,
in collaboration with the Secretary of Energy, the Admin-
istrator of the Environmental Protection Agency, and the
Secretary of Defense, shall establish a process for the ac-
ceptance and evaluation of Award applicants. The Sec-
retary shall, to the extent practicable, refer to the proce-
dures used in the administration of the Malcolm Baldrige
National Quality Award, including the definition of award
categories, the delegation of responsibilities, and provi-
sions for publicity, evaluation feed-back, and information
transfer, as a model for the President’s Total Environ-
mental Quality Award.
‘‘(d) PRESENTATION OF AWARD.—
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‘‘(1) RECOMMENDATIONS BY SECRETARY.—The
Secretary shall submit to the President, and make
available to the public, the recommendations of the
Secretary for the selection of Award applicants.
‘‘(2) SELECTION BY THE PRESIDENT.—On the
basis of recommendations received under paragraph
(1), the President shall periodically select for receipt
of the Award United States companies and other or-
ganizations which in the judgment of the President
have substantially benefited the environmental, eco-
nomic, and social well-being of the United States
through the research, development, and demonstra-
tion of environmental technologies and the effective
integration of environmental concerns into its oper-
ations and management, and which as a consequence
are deserving of special recognition.
‘‘(3) PRESENTATION
CEREMONY.—The Presi-
dent or the Vice President shall present the Award
to recipients selected under paragraph (2) with such
ceremony as the President or the Vice President
considers to be appropriate.
‘‘(e) LIMITATION.—The information gathered in eval-
uating Award applications may be used only for the eval-
uation of such applications and for publicity by winners
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of the Award. Such information may not be used for regu-
latory or compliance purposes.
‘‘(f) EVALUATION CRITERIA.—Criteria for evaluating
Award applications shall include the following:
‘‘(1) The effectiveness of the organization’s de-
velopment and demonstration of environmental tech-
nologies, as well as the organization’s provision for
environmental technologies in its future plans.
‘‘(2) The effectiveness of the integration of en-
vironmental concerns into the operations and man-
agement of the organization.
‘‘(3) The effectiveness of energy and materials
use from the perspective of the life-cycle of the pro-
duction, use, recycle, and disposal of a product.
‘‘(4) The effective use of an integrated ap-
proach to pollution prevention and control that con-
siders all environmental media (liquid, solid, gase-
ous).
‘‘(5) The overall environmental performance of
the organization, including environmental compli-
ance.
‘‘(g) FUNDING.—The Secretary may seek and accept
gifts from public and private sources (and may, subject
to annual appropriations, use such gifts) to carry out this
section. The Secretary shall annually make available to the
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public a list of any such gifts and the sources of the gifts.
The Secretary may provide for the imposition of a fee
upon the organizations applying for the Award.
‘‘(h) REPORT.—Not later than 3 years after the date
of the enactment of the Environmental Technologies Act
of 1994 and biennially thereafter, the Secretary shall sub-
mit to the President and the Congress a report on the
progress made in carrying out this section, including a re-
port on any indications that the Award has influenced the
practices of United States companies and other organiza-
tions. The report shall include any recommendations of
the Secretary for any modifications of the Award the Sec-
retary considers necessary.
‘‘SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECH-
NOLOGY AWARD.
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Environmentally Sound Technology Award for the
purpose of awarding individuals who have pioneered the
development and use of highly innovative environmental
technologies within the meaning of section 104(3) of the
Environmental Technologies Act of 1994.
‘‘(b) ADMINISTRATION.—Using the authority and
procedures established in section 24 and subject to the
conditions described in this section, the Secretary, in col-
laboration with the Administrator of the Environmental
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Protection Agency and the Secretary of Energy, shall re-
ceive and evaluate applications for the National Environ-
mentally Sound Technology Award and provide for presen-
tation of such Award.
‘‘(c) QUALIFIED TECHNOLOGIES.—Technologies that
qualify for such Award may include the following:
‘‘(1) Manufacturing technologies.
‘‘(2) Industrial or consumer products.
‘‘(3) Consumer services.
‘‘(4) Recycling technologies.
‘‘(5) Pollution monitoring and control tech-
nologies.
‘‘(6) Pollution remediation technologies.
‘‘(7) Other technologies as appropriate.
‘‘(d) QUALIFIED APPLICANTS.—Any citizen or per-
manent resident of the United States may qualify for such
Award. Any such individual who is employed by or other-
wise works for a business, Federal laboratory, or other or-
ganization may qualify for such Award only if the individ-
ual was substantially involved in the invention or innova-
tion for which such Award is presented.
‘‘(e) LIMITATION.—Not more than five such Awards
may be presented annually.
‘‘(f) REPORT.—Not later than 2 years after the date
of the enactment of the Environmental Technologies Act
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of 1994 and biennially thereafter, the Secretary shall sub-
mit to the Congress a report on the progress made in car-
rying out this section. The report shall contain an evalua-
tion of the performance of such Award, including an as-
sessment of the extent to which the public recognizes such
Award and such Award encourages innovation of environ-
mental technologies.’’.
SEC. 214. INCORPORATION OF INFORMATION ON ENVIRON-
MENTAL 
TECHNOLOGIES 
INTO 
EXISTING
NETWORKS.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Administrator,
through the Office of Research and Development of the
Environmental Protection Agency and in collaboration
with the Under Secretary for Technology of the Depart-
ment of Commerce and the heads of any other appropriate
Federal agencies, shall, to the maximum extent prac-
ticable, use existing information network capabilities of
the Federal Government as part of, and consistent with,
the overall Federal environmental technology strategy es-
tablished in section 201 to provide coordinated access to
data on environmental technologies or protocols developed,
tested, verified, or certified under programs established by
this Act, and by other appropriate Federal and non-Fed-
eral sources. Such data shall include—
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(1) information on—
(A) activities carried out under this Act
and the amendments made by this Act;
(B) performance standards regarding envi-
ronmental technologies;
(C) significant international developments
in environmental technologies, fully coordinat-
ing with other international technology informa-
tion programs of the Federal Government; and
(D) cost-effectiveness and performance of
environmental technologies; and
(2) other information determined by the Admin-
istrator to be of substantial value in promoting the
research, development, and demonstration of envi-
ronmental technologies.
(b) USE OF EXISTING RESOURCES.—In carrying out
this section, the Administrator shall, to the maximum ex-
tent practicable—
(1) use existing public and private sector infor-
mation providers and carriers; and
(2) coordinate with the heads of other appro-
priate Federal agencies to make data described in
subsection 
(a) 
accessible 
through 
appropriate
database systems of those Federal agencies.
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(c) OUTREACH.—The Administrator, through the Of-
fice of Research and Development of the Environmental
Protection Agency and in collaboration with the Under
Secretary for Technology of the Department of Commerce
and the heads of any other appropriate Federal agencies,
shall conduct outreach efforts to advertise, deliver, and
disseminate the information made available pursuant to
subsection (a). As part of such efforts, the Administrator
shall consult with United States industrial associations
and take appropriate action to ensure access to such infor-
mation by industrial assistance organizations and pro-
grams supported by a State or local government, a non-
profit organization in which a State or local government
is a member, an institution of higher education designated
by a State or local government, a manufacturing extension
and outreach service or regional technical assistance serv-
ice approved by the Federal Government, or a Federal lab-
oratory.
(d) EVALUATION AND REPORT.—As part of the an-
nual evaluation referred to in section 211(e), the Adminis-
trator shall conduct an evaluation of the extent to which
the data provided pursuant to this section are used.
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SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRON-
MENTAL TECHNOLOGY DEMONSTRATION.
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a program, in collaboration with the heads of ap-
propriate Federal agencies (including the Secretary of En-
ergy, the Secretary of Commerce, and the Secretary of De-
fense) as part of, and consistent with, the overall Federal
environmental technology strategy established in section
201, to demonstrate the performance of environmental
technologies at Federal laboratories and other Federal fa-
cilities.
(b) QUALIFYING
TECHNOLOGY
DEMONSTRATION
PROJECTS.—Technologies that qualify for demonstration
under such program include—
(1) environmental technologies that can be ap-
plied to a major pollution control or remediation
need at a Federal laboratory or other Federal facil-
ity;
(2) environmental technologies the development
of which would be significantly advanced by unique
facilities or capabilities of a Federal laboratory or
other Federal facility; and
(3) other environmental technologies that have
significant potential as an environmental technology
that will contribute to sustainable economic develop-
ment or that will make a significant contribution to
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the cleanup of communities significantly affected by
pollution.
(c) ADMINISTRATION.—As part of the program estab-
lished under this section, the Administrator—
(1) may enter into a cooperative agreement
with any other Federal agency to make available, as
appropriate, any expertise, site, or facility under the
jurisdiction of such agency to an eligible entity
under subsection (d) for the purpose of demonstrat-
ing the performance of an environmental technology;
(2) shall establish application procedures for an
eligible entity under subsection (d) to apply to dem-
onstrate an environmental technology at an available
site or facility, including—
(A) provisions for sharing the cost of dem-
onstrating the technology with an applicant
that limit the Federal share of the cost to not
more than 50 percent of the total cost of dem-
onstrating the technology; and
(B) provisions that provide special consid-
eration of the needs of small business concerns;
(3) shall establish criteria for verification of the
efficacy of demonstrated environmental technologies;
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(4) shall establish specific procedures for the
management and oversight of demonstration activi-
ties conducted under this section;
(5) shall, pursuant to section 214, in consulta-
tion and collaboration with other Federal agencies,
and consistent with the Federal environmental tech-
nology strategy established in section 201, make
available for entities eligible under subsection (d) in-
formation regarding—
(A) the facilities and expertise available at
Federal laboratories that would be valuable to
the 
demonstration 
of 
environmental 
tech-
nologies; and
(B) sites at Federal laboratories or other
Federal facilities potentially available for dem-
onstrating environmental technologies, charac-
terized by specific site characteristics, including
site geology and site contaminants where appro-
priate;
(6) shall document the performance and cost
characteristics of each environmental technology
demonstrated pursuant to this section; and
(7) shall list and disseminate, pursuant to sec-
tion 214, nonproprietary information regarding the
performance and cost characteristics of the environ-
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mental technologies demonstrated pursuant to this
section.
(d) ENTITIES ELIGIBLE FOR PARTICIPATION.—Enti-
ties eligible to carry out a demonstration project as part
of the program established under subsection (a) are Unit-
ed States companies (including small business concerns),
United States nonprofit organizations, United States in-
stitutions of higher education, and other entities that the
Administrator considers appropriate.
(e) PROGRAM EVALUATION AND REPORTING.—In the
report required by section 211(e), the Administrator shall
evaluate the performance of the program established
under this section, including an evaluation and statement
of—
(1) the number of environmental technologies
demonstrated and the type of problems addressed;
(2) the Federal and non-Federal financial re-
sources committed to the program; and
(3) the extent to which technologies dem-
onstrated pursuant to this section are used.
(f) SAVINGS PROVISION.—Nothing in this section
shall be construed to supersede any other provision of law
that provides authority to a Federal agency to dem-
onstrate environmental technologies. Technologies eligible
for demonstration under this section that are also eligible
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for demonstration at sites under section 311(b) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9660(b)) shall be
subject to the limitations and requirements of that section.
Demonstration projects and activities under this section
shall not alter or interfere with the conduct or expeditious
completion of response actions at facilities proposed for
or listed on the National Priorities List.
SEC. 216. STUDY OF FACTORS AFFECTING INNOVATION IN
ENVIRONMENTAL TECHNOLOGIES.
(a) STUDY.—The Administrator shall enter into an
agreement with the National Research Council to conduct
a study of the influences on technological innovation in
environmental technologies of economic, governmental,
competitive, financial, and other incentives and barriers.
(b) REPORT.—The Administrator shall include in the
agreement referred to in subsection (a) a requirement that
the National Research Council complete a report describ-
ing the results of the study referred to in such subsection
not later than two years after the date of the enactment
of this Act. The report shall identify specific incentives
for and barriers to technological innovation and describe
the reasons for the positive or negative influences identi-
fied. The Administrator shall submit the report to the
Congress within 30 days after receiving the report from
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the National Research Council. Nothing in this section
may be construed as authorizing the reprogramming of
funds for such an agreement.
SEC. 217. DISCLAIMER.
Nothing in this Act, or the amendments made by this
Act, shall be construed by the Administrator or the Sec-
retary of Energy, or any officer or employee of the Envi-
ronmental Protection Agency or the Department of En-
ergy, or by any court as altering, affecting, supplanting,
modifying, or changing, directly or indirectly, any law
which on the day before the date of the enactment of this
Act referred to, and provided authorities or responsibilities
for, or was administered by, the Environmental Protection
Agency or the Department of Energy or the Administrator
of the Environmental Protection Agency or the Secretary
of Energy.
SEC. 218. ENVIRONMENTALLY EFFICIENT BUILDING MATE-
RIALS.
(a) DEMONSTRATION OF ENVIRONMENTALLY EFFI-
CIENT MATERIALS.—Not later than 90 days after the date
of the enactment of this Act, the Administrator, in co-
operation with the Administrator of General Services, and
the heads of other appropriate agencies, may establish a
3-year demonstration program to promote research on,
and development of, environmentally efficient building ma-
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terials, including the use of such materials in the construc-
tion of new Federal facilities and buildings and in existing
Federal facilities and buildings.
(b) CHARACTERISTICS OF MATERIALS.—In selecting
environmentally efficient building materials under the
demonstration program, the Administrator shall give pri-
ority to those materials that most cost-effectively maxi-
mize the conservation and preservation of natural re-
sources.
(c) PERFORMANCE VERIFICATION.—Before using en-
vironmentally efficient building materials under this sec-
tion, the Administrator, in cooperation with the Adminis-
trator of General Services and the heads of other appro-
priate agencies (including the Director of the National In-
stitute of Standards and Technology), shall verify,
through support of appropriate tests and using, to the
maximum extent practicable, existing Federal capabilities,
that such materials—
(1) are cost-competitive with comparable, more
conventional materials on a life-cycle cost basis; and
(2) meet applicable Federal environmental, pub-
lic health, safety, and energy efficiency standards.
(d) RESEARCH AND DEVELOPMENT.—The Adminis-
trator may support the research, development and dem-
onstration of environmentally efficient materials that show
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substantial promise for use in buildings. Paragraphs (2),
(3), and (5) of section 212(d) shall apply to support pro-
vided under this subsection.
(e) GUIDELINES.—The Administrator shall cooperate
with the Administrator of General Services and the heads
of other agencies to ensure that, where applicable, the re-
sults of the activities conducted pursuant to subsection (a)
are incorporated into guidelines developed by appropriate
Federal agencies for the use of environmentally efficient
building materials.
(f) REPORT.—Not later than 60 days after comple-
tion of the demonstration program, the Administrator
shall submit to the Congress a report on the implementa-
tion of the demonstration program. The report shall in-
clude the following:
(1) A listing of the type and quantities of envi-
ronmentally efficient building materials tested, devel-
oped, and used.
(2) A statement of the cost and performance of
such materials compared to comparable, more con-
ventional materials.
(3) An assessment of the extent to which the
use of such materials can be expanded beyond the
scope of the demonstration program.
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(4) An assessment of the extent to which re-
search on, and development of, such materials oc-
curred as a result of the demonstration program and
the extent to which further support is needed to
stimulate such research and development.
(g) INTEGRATION OF OTHER VIEWS.—In carrying
out this section, the Administrator, in cooperation with the
Administrator of General Services, shall develop mecha-
nisms for integrating the views of other agencies that
carry out major construction programs, including the
Army Corps of Engineers and the Veterans Administra-
tion, and representatives of the environmental community,
the construction industry (including small business), man-
ufacturing companies (including small businesses) that
produce environmentally efficient materials, and the sci-
entific and technical community.
(h) PREEMPTION.—Nothing in this section is in-
tended to preempt any provision of law of a State or a
political subdivision of a State that is more restrictive than
a provision of this Act.
(i) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘agency’’ means an Executive
agency as defined under section 105 of title 5, Unit-
ed States Code, and any agency of the judicial or
legislative branch of the Federal Government.
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(2) The term ‘‘environmentally efficient mate-
rials’’ means any recycled, recovered, reclaimed, or
reused material whose production, manufacture, fab-
rication, and use conserves and preserves natural re-
sources when compared to the production, manufac-
ture, fabrication, and use of comparable, more con-
ventional materials.
(3) The term ‘‘environmentally efficient build-
ing materials’’ means any environmentally efficient
material which may be used in the construction of
a building or facility.
(4) The term ‘‘construction’’ with respect to
any project under construction under this section,
means the erection or building of new structures or
the replacement, expansion, remodeling, alteration,
or modernization of existing structures.
SEC. 219. INTERNATIONAL ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION ASSISTANCE.
The Administrator may enter into agreements with
the heads of other appropriate agencies that support the
export of technologies to provide support for demonstrat-
ing the technical and economic feasibility of innovative en-
vironmental technologies substantially manufactured in
the United States and used in other nations. Nothing in
this section shall be applicable if the President determines
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that any provision of this section is actionable under the
General Agreements on Tariffs and Trade, or any other
international agreement to which the United States is a
party.
Subtitle C—Other Research
Activities
SEC. 221. ENVIRONMENTALLY ADVANCED ENGINEERING
RESEARCH.
(a) IN GENERAL.—The Director of the National
Science Foundation shall take appropriate actions to sup-
port research activities that will advance the integration
of engineering practices and environmental protection in
the development of advanced technologies.
(b) INTERAGENCY COLLABORATION.—The Director
of the National Science Foundation shall collaborate with
the heads of other appropriate Federal agencies, including
the Administrator, in carrying out this section.
(c) INTEGRATION OF INFORMATION.—The Director
of the National Science Foundation shall, to the maximum
extent practicable, provide for the dissemination of infor-
mation developed as a result of the research activities re-
ferred to in subsection (a) through education activities of
the Foundation and through the information dissemina-
tion activities developed pursuant to section 214.
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TITLE III—PERFORMANCE
MEASUREMENTS
SEC. 301. PERFORMANCE MEASUREMENTS.
(a) AUTHORIZATION.—The Secretary of Commerce,
through the Director of the National Institute of Stand-
ards and Technology, in collaboration with the Adminis-
trator and the heads of other appropriate Federal agen-
cies, in consultation with non-Federal standards organiza-
tions, and as part of, and consistent with, the overall Fed-
eral environmental technology strategy established in sec-
tion 201, shall establish a program to support the clari-
fication of measurements of performance—
(1) for environmental technologies (not includ-
ing technologies primarily intended to improve the
quality of the environment through pollution control,
pollution remediation, pollution monitoring, and dis-
posal), to clarify performance and substitutability
for conventional technologies and for the fair evalua-
tion of performance claims regarding such environ-
mental technologies; and
(2) to develop appropriate standard reference
materials required to implement paragraph (1).
(b) EXISTING NON-FEDERAL PROGRAMS.—In devel-
oping the program established in subsection (a), the Direc-
tor of the National Institute of Standards and Technology
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shall, to the maximum extent practicable, coordinate ef-
forts under such program with existing non-Federal stand-
ards activities that affect the environmental technologies
covered by subsection (a)(1).
(c) COORDINATION WITH OTHER FEDERAL AGEN-
CIES.—The Secretary of Commerce, through the Director
of the National Institute of Standards and Technology,
shall coordinate with the heads of other appropriate Fed-
eral agencies to ensure, to the maximum extent prac-
ticable, the use of the best available scientific and tech-
nical information in the evaluation of environmental per-
formance claims by such agencies.
(d) GLOSSARY OF TERMS.—The Secretary of Com-
merce, through the Director of the National Institute of
Standards and Technology, shall work with the heads of
appropriate Federal agencies and private-sector standards
organizations to facilitate the development and mainte-
nance of a glossary of standard definitions of terms used
in the evaluation of environmental performance claims.
(e) INTERNATIONAL
HARMONIZATION.—The Sec-
retary of Commerce, through the Director of the National
Institute of Standards and Technology, shall work with
domestic and international standards organizations to en-
sure harmonization of domestic performance measure-
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ments with international performance measurements con-
sistent with applicable Federal and State laws.
SEC. 
302. 
VERIFICATION 
OF 
ENVIRONMENTAL 
TECH-
NOLOGIES.
(a) DESIGNATION OF ENTITIES TO PERFORM ENVI-
RONMENTAL TECHNOLOGY VERIFICATION.—The Admin-
istrator may, in accordance with this section and as part
of, and consistent with, the overall Federal environmental
technology strategy developed in section 201, designate
entities to perform the functions described in paragraphs
(1) through (3) of subsection (b). The Administrator may
enter into joint agreements with Federal agencies, State
and local governments, and nonprofit, private-sector rep-
resentatives to support entities designated by the Adminis-
trator under this section.
(b) FUNCTIONS.—Each entity designated under sub-
section (a)—
(1) shall verify, evaluate, and, to the maximum
extent practicable, certify the performance, cost-ef-
fectiveness, and ecological benefits of environmental
technologies;
(2) shall disseminate information on the charac-
teristics referred to in paragraph (1), including in-
formation that describes whether each environmental
technology evaluated and verified—
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(A) meets the performance criteria of ap-
plicable law (including regulations issued by the
Administrator) under tested conditions at com-
parable or lower costs than other existing envi-
ronmental technologies; and
(B) constitutes a significant advance in the
development of environmental technologies with
broad applicability;
(3) shall submit to the Administrator data and
other information compiled by the entity with re-
spect to each environmental technology verified and
evaluated by the entity under this section; and
(4) may use support provided under this section
to develop technologies necessary for effective ver-
ification and evaluation under paragraph (1) and
may charge appropriate fees for such verification
and evaluation.
(c) REVIEW
BY ADMINISTRATOR.—After receiving
data and other information from an entity designated
under subsection (a) with respect to an environmental
technology under subsection (b)(1), the Administrator
shall conduct appropriate review of the data, other infor-
mation, and protocols developed by such entity with re-
spect to such technology.
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(d) ADMINISTRATION.—In carrying out this section,
the Administrator shall—
(1) by rule establish competitive procedures for
soliciting applications for and selecting, pursuant to
criteria referred to in subsection (e), entities to per-
form functions described in subsection (b) and, as
appropriate, designate model entities;
(2) by rule establish eligibility criteria for enti-
ties to be designated under this section;
(3) in collaboration with the heads of other ap-
propriate Federal agencies, including the Director of
the National Institute of Standards and Technology,
certify, and as appropriate, develop common proto-
cols to evaluate the cost and performance of environ-
mental technologies;
(4) make generally available through guidance
manuals or other appropriate methods information
regarding testing protocols for environmental tech-
nologies and establish a regular process for approv-
ing and updating such protocols;
(5) ensure that information regarding environ-
mental technologies verified and evaluated under this
program is disseminated pursuant to section 214;
(6) develop mechanisms to facilitate the ver-
ification of—
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(A) environmental technologies developed
or demonstrated by small business concerns,
nonprofit organizations, and United States in-
stitutions of higher education; and
(B) environmental technologies that pro-
vide source reduction; and
(7) consult with the heads of other Federal
agencies to make available, through cooperative
agreements with the entities designated under this
section, sources and expertise of Federal laboratories
for use by such entities in performing the functions
described in subsection (b).
(e) SELECTION CRITERIA.—The Administrator, in
consultation with the heads of other Federal agencies,
State and local governments, and private sector organiza-
tions, shall select entities under this section based on the
following criteria:
(1) The capabilities of the applicant to provide
a thorough and credible technical and financial eval-
uation of environmental technologies.
(2) The clarity and efficiency of the proposed
procedures for the receipt and review of applications
for technology verification.
(3) The likelihood of the continued viability of
the entity.
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(4) The existence of a plan for disseminating
nonproprietary information regarding technologies
verified by the entity.
(5) The capability of the applicant to conduct
evaluations of technologies that address priority en-
vironmental concerns consistent with the priorities
established in section 201 of this Act, including geo-
graphic areas that have been designated as non-
attainment areas under section 107(d)(1)(A)(i) of
the Clean Air Act (42 U.S.C. 7407(d)(1)(a)(i)).
(6) Other criteria that the Administrator con-
siders appropriate.
(f) MERIT-BASED SELECTION PROCESS.—Entities
supported under this section shall be selected only through
a merit-based selection process, established by the Admin-
istrator, pursuant to the criteria described in subsection
(e).
(g) AUTHORITY OF ADMINISTRATOR.—The Adminis-
trator may, consistent with applicable provisions of law
and this section, enter into cooperative agreements and
contracts to carry out this section.
(h) DIRECT VERIFICATION.—If the Administrator
determines that entities designated under this section can-
not adequately verify the performance of environmental
technologies because of scale or complexity, the Adminis-
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trator may, consistent with applicable provisions of law
and this section, enter into direct agreements to verify the
performance of such technologies.
(i) REVIEW.—
(1) IN GENERAL.—Any action by the Adminis-
trator to verify or evaluate a technology (or to re-
view a verification or evaluation) under this section
shall not constitute a final action by the Adminis-
trator and shall not be subject to judicial review.
(2) FAILURE TO COMPLY.—If a technology veri-
fied, evaluated, or reviewed pursuant to this section
fails to comply with any applicable law (including
regulations issued by the Administrator), the ver-
ification, evaluation, or confirmation shall not con-
stitute a defense in an enforcement action or suit
and shall not create a cause of action against the
Environmental Protection Agency.
(3) DISCLAIMER.—Nothing in this section may
be construed to authorize the Administrator to grant
a seal of approval of any kind for any entity or tech-
nology, to create any competitive advantage or dis-
advantage for any entity, to authorize the Adminis-
trator to require any person to install or use any
technology pursuant to any program administered by
the Environmental Protection Agency, or to des-
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ignate any technology as meeting a regulatory re-
quirement.
(j) REPORT.—The Administrator, in consultation
with the heads of other appropriate Federal agencies, and
industry, nonprofit, and other appropriate organizations,
shall annually submit to the Congress a report that evalu-
ates the implementation of this section. The report shall
include a description of the technologies verified pursuant
to this section, the number of the technologies verified,
and the extent of their use.
SEC. 
303. 
USE 
OF 
CERTAIN 
ENVIRONMENTAL 
TECH-
NOLOGIES BY THE FEDERAL GOVERNMENT.
(a) ESTABLISHMENT.—In any program of the Presi-
dent for evaluating, prioritizing, and approving the pur-
chase by the Federal Government of environmental tech-
nologies, the President shall, consistent with applicable
procurement laws, consider for such program any per-
formance measurements for environmental technologies as
may have been developed by the Secretary of Commerce
pursuant to section 301(a).
(b) REPORT.—Within one year after the date of the
enactment of this Act and annually thereafter, the Presi-
dent shall submit to the Congress a report describing the
progress made in carrying out this section and plans for
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carrying out this section for the three years immediately
following the year in which the report is submitted.
TITLE IV—DEPARTMENT OF EN-
ERGY 
ENVIRONMENTAL
TECHNOLOGY DEVELOPMENT
SEC. 401. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT TECHNOLOGY DEVELOPMENT.
(a) PROGRAM.—The Secretary of Energy (in this title
referred to as the ‘‘Secretary’’) shall conduct programs of
research, development, and demonstration on—
(1) new and improved technologies for environ-
mental restoration and waste management (includ-
ing waste minimization);
(2) training for environmental technicians, engi-
neers, and scientists; and
(3) technologies for reducing worker exposure
to radioactivity in association with site remediation.
In carrying out this section, the Secretary shall appro-
priately consider the strategic plan submitted under sec-
tion 201.
(b) IMPLEMENTATION AUTHORITY.—In implement-
ing this section, the Secretary may award grants to, and
enter into contracts, cooperative agreements, and other
appropriate arrangements with institutions of higher edu-
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cation, industry, the National Laboratories, and other
Federal agencies.
(c) COORDINATION
WITH
INITIATIVE.—The Sec-
retary shall ensure that the activities conducted pursuant
to this section are appropriately coordinated with the ac-
tivities conducted pursuant to the Environmental Tech-
nologies Innovation Initiative established under section
211.
(d) COORDINATION WITH CERTAIN OTHER ACTIVI-
TIES.—The Secretary shall coordinate activities under this
section with activities conducted by the Secretary of Labor
under the new technology program referred to in section
126(b)(9) of the Superfund Amendment and Reauthoriza-
tion Act of 1986 and by the hazardous substance research
development and demonstration centers established pursu-
ant to subsections (l) and (o) of section 118 of such Act.
Nothing in this section may be construed to affect the obli-
gation of the Secretary of Energy to comply with section
126 of such Act.
SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a program to demonstrate the technological and economic
feasibility 
of 
recycling 
and 
reusing 
radioactively
uncontaminated and decontaminated metals and equip-
ment, and of other waste minimization techniques. Under
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the program, the Secretary shall analyze the extent to
which sufficient private sector commitment to provide de-
contamination services and to purchase uncontaminated
and decontaminated metals and equipment either exists
or can be generated to support such a program of recy-
cling and reuse.
(b) SCOPE.—The demonstration program established
under subsection (a) shall provide for the recycling and
reuse of the metals and equipment at a minimum of 3
National Laboratories or former nuclear weapons produc-
tion facilities, and shall be of sufficient scope, and shall
include an appropriate variety of materials, to dem-
onstrate the feasibility of recycling and reusing radio-
actively uncontaminated and decontaminated metals and
equipment at all National Laboratories and former nu-
clear weapons production facilities. Such demonstration
program shall be carried out for a period of 3 years.
(c) DECONTAMINATION
TECHNOLOGIES.—In the
course of carrying out the demonstration program, the
Secretary shall seek to promote the development of decon-
tamination technologies.
(d) IMPLEMENTATION AUTHORITY.—In implement-
ing this section, the Secretary may award grants to, and
enter into contracts, cooperative agreements, and other
appropriate arrangements with institutions of higher edu-
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cation, industry, the National Laboratories, and other
Federal agencies.
(e) WASTE STORAGE CONTAINERS.—As part of the
demonstration program, the Secretary shall seek to dem-
onstrate the technological and economic feasibility of using
only materials owned by the Department of Energy on the
date of enactment of this Act for containers to store or
dispose of radioactively contaminated metals and equip-
ment.
(f) REPORTS TO CONGRESS.—
(1) REQUIREMENT.—The Secretary shall—
(A) annually during the course of the dem-
onstration program established under this sec-
tion, report to the Congress on the progress
made in the previous year under such program;
and
(B) within 6 months after the completion
of such demonstration program, transmit a
final report to the Congress on the results of
the program.
(2) CONTENTS OF FINAL REPORT.—The report
required under paragraph (1)(B) shall include—
(A) the findings of the Secretary on the
success of the demonstration program at
achieving its purposes under this section;
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(B) a comparison of recycling and reusing
radioactively contaminated metals and equip-
ment with the alternative of containing and dis-
posing of such metals and equipment;
(C) the quantitative assessment described
in paragraph (3) of this subsection; and
(D) a proposal, including any recommenda-
tions for necessary legislation, for expanding
the demonstration program to cover radio-
actively uncontaminated and decontaminated
metals and equipment at all National Labora-
tories and former nuclear weapons production
facilities.
(3) QUANTITATIVE
ASSESSMENT.—To enable
the Secretary to carry out paragraph (2)(D), the
Secretary shall develop a quantitative estimate of—
(A) all metals and equipment owned by the
Department at the National Laboratories and
former nuclear weapons production facilities
that are not radioactively contaminated and
that are suitable for resale or recycling;
(B) all metals and equipment owned by the
Department at the National Laboratories and
former nuclear weapons production facilities
that have been radioactively contaminated but
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can be recycled or reused by the Department;
and
(C) all metals and equipment owned by the
Department at the National Laboratories and
former nuclear weapons production facilities
that have been radioactively contaminated but
can be decontaminated and may be appropriate
for sale to the public.
(4) FACTORS IN COMPARISON.—In making the
comparison required under paragraph (2)(B), the
Secretary shall consider the full life cycle costs of
each alternative, including revenues or savings real-
ized and the costs of treatment, containment, stor-
age, disposal, monitoring, and replacement. Disposal
costs shall be calculated on the basis of the costs of
such disposal to commercial disposal companies.
SEC. 403. FUNDING AND AUTHORIZATION.
(a) RESEARCH AND DEVELOPMENT FUNDING.—The
Secretary shall incrementally increase the proportion of
the annual budget request for the Environmental Restora-
tion and Waste Management program that is attributable
to research and development until such proportion is at
least 10 percent, except that the Secretary shall ensure
that an increase under this subsection does not affect
other programs and activities of the Department of En-
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ergy. This subsection shall apply to budget requests begin-
ning with the budget request for the 2nd fiscal year that
begins after the date of the enactment of this Act.
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the
funds made available for the nondefense Environmental
Restoration and Waste Management program, there are
authorized to be appropriated—
(1) $10,000,000 for fiscal year 1995; and
(2) $11,500,000 for fiscal year 1996,
for nondefense research and development activities of the
Office of Technology Development, including the advanced
robotics program, for the development of safer, less expen-
sive, and more efficient environmental restoration and
waste management technologies.
SEC. 404. COORDINATION.
The Secretary shall, where appropriate, coordinate
the implementation of this title with the implementation
of sections 212 and 215 of this Act.
TITLE V—AUTHORIZATION OF
APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Except as provided in subsection
(b), there is hereby authorized to be appropriated for fiscal
years 1995 and 1996 such sums as may be necessary to
carry out this Act and the amendments made by this Act.
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(b) ENVIRONMENTAL TECHNOLOGIES INNOVATION
INITIATIVE.—There is hereby authorized to be appro-
priated to carry out the Environmental Technologies Inno-
vation Initiative established in subtitle B of title II the
following:
(1) For fiscal year 1995, $70,000,000, of which
$500,000 is authorized to be appropriated for the
President’s Total Environmental Quality Award es-
tablished in section 213 for fiscal year 1995 and
$700,000 is authorized to be appropriated for the
study referred to in section 216.
(2) For fiscal year 1996, $120,000,000, of
which $1,500,000 is authorized to be appropriated
for the President’s Total Environmental Quality
Award established in section 213.
SEC. 502. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of this Act, no
funds are authorized to be appropriated for any fiscal year
after fiscal year 1996 for carrying out the programs and
activities for which funds are authorized by this Act, or
the amendments made by this Act.
SEC. 503. COMPETITION REQUIREMENT FOR AWARDS OF
FINANCIAL ASSISTANCE.
(a) COMPETITION REQUIREMENT.—No financial as-
sistance (including a grant, a contract, or any other award
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of financial assistance) may be provided under a section
of this Act for research, development, or demonstration
activities, or for the construction of research, development,
or precommercial demonstration facilities, unless a com-
petitive, merit-based evaluation process consistent with
such section is used to award the financial assistance.
(b) REQUIREMENT OF SPECIFIC MODIFICATION OF
COMPETITION PROVISION.—
(1) IN GENERAL.—A provision of law may not
be construed as modifying or superseding subsection
(a), or as requiring that financial assistance (includ-
ing a grant, a contract, or any other type of finan-
cial assistance) be awarded under a section of this
Act in a manner inconsistent with subsection (a),
unless such provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision
of law modifies or supersedes subsection (a);
and
(C) specifically identifies the person to be
awarded the financial assistance and states that
the financial assistance to be awarded pursuant
to such provision of law is being awarded in a
manner inconsistent with subsection (a).
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(2) NOTICE AND WAIT REQUIREMENT.—No fi-
nancial assistance (including a grant, a contract, or
any other type of financial assistance) may be
awarded pursuant to a provision of law that requires
or authorizes the award of the financial assistance
under this Act in a manner inconsistent with sub-
section (a) until—
(A) the head of the Federal agency intend-
ing to award the financial assistance submits to
the Congress a written notice of the intent to
award the financial assistance; and
(B) 180 days has elapsed after the date on
which the notice is received by the Congress.
TITLE VI—RISK ASSESSMENT
IMPROVEMENT
SEC. 601. CRITERIA FOR RISK ASSESSMENT.
Any risk assessment under section 201(a)(2) shall
contain the following:
(1) Criteria for accepting and evaluating data.
(2) A complete description of any mathematical
models or other assumptions likely to be used in the
risk assessment, including a discussion of their plau-
sibility.
(3) A description of the default options, the jus-
tification and validation for the default options, and
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an explicit statement of the rationale for selecting a
particular default option, in the absence of adequate
data, based on explicitly stated science policy choices
and consideration of relevant scientific information.
(4) The technical justification for, and a de-
scription of the degree of, conservatism each default
option imposes upon the risk assessment.
(5) Criteria for using iterative or tiered ap-
proaches to risk assessment, with varying levels of
effort and data requirements in the conduct of risk
assessment based on the need for accuracy of the
risk estimate.
(6) Criteria for conducting uncertainty analysis
during the course of the risk assessment, and an ex-
planation of the data needs for such analysis.
(7) Effective methods for reporting risk assess-
ment, to ensure that the results are reasonably un-
derstandable by interested persons, including for-
mats which clearly identify and distinguish sources
of uncertainty and variability in the risk assessment.
(8) Criteria for identification and use of the
most plausible and unbiased methodologies and as-
sumptions, given the scientific information available.
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(9) Relevant information on data and assess-
ment methods that significantly influence the risk
estimate.
(10) A statement of the limitations, assump-
tions, and default options included in the assessment
and a statement of the rationale and extent of sci-
entific consensus with respect to their use.
(11) A statement that identifies major uncer-
tainties and their influence upon the assessment.
The statement shall characterize uncertainties asso-
ciated with experimental measurement errors and
uncertainties associated with the choice of specific
models and default options.
(12) The range and distribution of exposures
derived from exposure scenarios used in a risk as-
sessment, including, for example, upper-bound and
central estimate(s) and their qualitative, or where
possible quantitative, likelihood, and, when available
and appropriate, the identification of highly suscep-
tible groups, species, individuals, and subpopulations
whose exposure exceeds that of the general popu-
lation.
(13) The use of both quantitative and quali-
tative descriptors, when available and appropriate, to
present a comprehensive range of risks which are or
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may be encountered by the various populations and
individuals in a human health risk assessment, or by
the various species and ecological communities in an
ecological risk assessment, exposed to the environ-
mental hazard being evaluated in the risk assess-
ment.
(14) A description of appropriate statistical ex-
pressions of the range and variability of the risk es-
timate, including the population or populations ad-
dressed by any risk estimate(s), central estimates of
the risk for the specific population, any appropriate
upper-bound and lower-bound estimates, and the
reasonable range or other description of uncertain-
ties in the assessment process.
(15) Comparisons of risk to public health, in-
cluding appropriate comparisons with estimates of
other risks to health, including those that are famil-
iar to and routinely encountered by the general pub-
lic, and relevant substitution risks, where informa-
tion on such risks is made available. Comparisons
shall identify relevant distinctions among categories
or risks and limitations to comparisons.
SEC. 602. SAVINGS PROVISION.
Nothing in this title shall be construed to modify any
requirement or standard provided for in another provision
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of law that provides for risk assessment or is designed to
protect health, safety, or the environment. Nothing in this
title shall be construed to require the conduct of a risk
assessment or a risk characterization that is not required
by law.
SEC. 603. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘comparisons of risk’’ means a
process to systematically, estimate, compare, and
rank the size and severity of environmental risks or
health risks in order to provide a common basis for
evaluating strategies for reducing or preventing
those risks.
(2) The term ‘‘default option’’ means a condi-
tion, assumption, or fact that is presumed on the
basis of available data and prevailing theory.
(3) The term ‘‘risk assessment’’ means the
process or procedure by which the potential adverse
health or ecological effects of exposure of human or
nonhuman species to environmental hazards is char-
acterized.
(4) The term ‘‘uncertainty analysis’’ means the
systematic process of identifying that which is not
known or is unclear, including measurement errors,
the lack of fundamental knowledge is needed to
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choose among alternative hypotheses, and assump-
tions, or experimental models.
(5) The term ‘‘central estimates’’ means esti-
mates of central tendencies or expected risk based,
to the extent feasible, on the most plausible and un-
biased assumptions, given the scientific information
available.
(6) The term ‘‘substitution risk’’ means a po-
tential increase in certain types of risk from a strat-
egy designed to decrease other risks.
TITLE VII—BUY AMERICA
SEC. 704. PURCHASE 
OF 
AMERICAN-MADE 
EQUIPMENT
AND PRODUCTS.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
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shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
Passed the House of Representatives July 26, 1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 3870
AN ACT
To promote the research and development of
environmental technologies.