A BILL
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 ‘‘En-
vironmental Technologies Act of 1994’’.
(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 En-
vironmentally 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.
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 develop-
ment.
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.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) Promoting a sound economy and maintain-
ing a healthy environment are among the urgent pub-
lic 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 en-
vironmental security.
(3) Although better designs for products and
processes offer new opportunities for substantially im-
proved environmental performance in growing domes-
tic and international markets, current government
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 develop-
ment, environmental concerns must become a more
pervasive and central dimension of technology re-
search and development.
(5) The coordination of Federal, State, and local
activities for the research, development, and dem-
onstration of environmental technologies will greatly
enhance the effectiveness of environmental policies of
the United States.
SEC. 103. PURPOSES.
It is the purpose of this Act—
(1) to improve coordination and integration of
environmental technology research and development
performed by and across Federal agencies;
(2) to assist and catalyze efforts of private indus-
try, universities, nonprofit research centers, and Fed-
eral laboratories in the research, development, and
demonstration of environmental technologies and, in
the process, to promote the competitiveness of United
States companies;
(3) to facilitate the dissemination of information
regarding innovations in environmental technologies;
(4) to promote the development of technical per-
formance measurements of environmentally sound
products; and
(5) to direct the study of policy changes that will
provide for the more efficient research, development,
and demonstration of environmental technologies.
SEC. 104. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘Administrator’’ means the Admin-
istrator of the Environmental Protection Agency.
(2) The term ‘‘design-for-environment’’ means
the process of synthesis in which waste prevention
and the efficient management of materials during a
product’s life cycle are treated as design objectives, in
addition to conventional attributes such as cost, per-
formance, manufacturability, and safety.
(3) The term ‘‘environmental technology’’ means
a technology that is primarily intended to improve
the quality of the environment through pollution pre-
vention, pollution monitoring, pollution control, pol-
lution remediation, reuse, recycling, or disposal, or
that is capable of cost-effectively offering significant
environmental benefits when compared with a tech-
nology it replaces.
(4) The term ‘‘Federal laboratory’’ has the mean-
ing given the term ‘‘laboratory’’ in section 12(d)(2) of
the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a(d)(2)).
(5) The term ‘‘life-cycle assessment’’ means an
inventory of the resource use and waste generation in-
volved in developing a technology, including materials
extraction, materials conversion, transportation, en-
ergy use, end use, recycling, and disposal, and their
associated costs and environmental impacts.
(6) The term ‘‘small business concern’’ means a
United States company that is a small business con-
cern within the meaning given such term in the
Small Business Act (15 U.S.C 631 et seq.).
(7) The term ‘‘sustainable economic develop-
ment’’ means the integration of environmental and
economic development concerns leading to continuous
and long-term economic development with reduced
pollution and the more efficient use of energy and
materials.
(8) 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.
(9) The term ‘‘United States company’’ means a
company described in section 28(d)(9)(B) of the Na-
tional Institute of Standards and Technology Act (15
U.S.C. 278n(d)(9)(B)).
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—
(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 environmental
technology research, development, and demonstration
efforts, by using scientifically objective information,
data, and assessments of risk.
(b) IMPLEMENTATION.—In carrying out this section,
the President, acting through the Director of the Office of
Science and Technology Policy or other entity designated
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 prior-
ities 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 para-
graph (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 exist-
ing Federal capabilities and an overall Federal strat-
egy for the research, development, and demonstration
of environmental technologies;
(6) ensure that the efforts of the Federal Govern-
ment are coordinated with the efforts of State and
local governments and private and nonprofit organi-
zations promoting the research, development, and
demonstration of environmental technologies;
(7) 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
(8) submit to the Congress any recommendations
regarding legislative or administrative action, includ-
ing recommendations on the roles of Federal agencies,
which may be required to carry out this section.
(c) BUDGET COORDINATION.—The Director of the Of-
fice of Science and Technology Policy shall annually assess,
in conjunction with other entities designated by the Presi-
dent and before the President submits to the Congress 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 assessment available to the
appropriate elements of the Executive Office of the Presi-
dent, particularly the Office of Management and Budget,
for use in the preparation of such budget.
(d) STRATEGIC PLAN AND ANNUAL REVIEW.—The Di-
rector 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 co-
ordination 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, including the
programs and activities conducted under this 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 enti-
ties, including State and local governments, United States
companies, United States industrial associations and con-
sortia, United States institutions of higher education,
United States worker organizations, United States profes-
sional associations, and United States nonprofit organiza-
tions, in carrying out this section, including the develop-
ment of the plans, reviews, and recommendations developed
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 industrial effi-
ciency. Life-cycle assessments and other design-for-en-
vironment resources can facilitate this achievement by
clarifying materials flows and energy flows and by
enhancing capabilities to assess these flows in the de-
sign of such products, processes, and services.
(2) Methods of life-cycle assessment and other de-
sign-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 resources
are often difficult to acquire, and no system exists to
make such data readily available to public and pri-
vate groups.
(b) LIFE-CYCLE ASSESSMENT COORDINATION.—
(1) IN GENERAL.—As part of activities to coordi-
nate environmental technology research, development,
and demonstration described in section 201, the Di-
rector of the Office of Science and Technology Policy
or other entity designated by the President shall co-
ordinate Federal activities and resources that are ap-
plied to life-cycle assessment and other design-for-en-
vironment 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 sustainable
economic development.
(2) IMPLEMENTATION.—In carrying out this sub-
section, the Director of the Office of Science and Tech-
nology Policy or other entity designated by the Presi-
dent shall—
(A) ensure that the life-cycle assessment and
other design-for-environment resources of each
Federal agency are developed and disseminated
in a coordinated fashion, partitioning agency re-
sponsibilities 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 ca-
pabilities 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, to
develop such methods) that will significantly en-
hance the ability of United States companies
and other organizations to evaluate materials ex-
traction, materials conversion, transportation,
energy use, end use, recycling, and disposal, and
their associated costs and environmental im-
pacts;
(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 design-
for-environment data and methods described in
this section; and
(D) to ensure that private-sector life-cycle
assessment and other design-for-environment ca-
pabilities 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 other design-for-environment data or methods by
any Federal 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 assessment
or other design-for-environment activities of the Federal
Government.
SEC. 203. ENVIRONMENTAL TECHNOLOGIES IN ONGOING
PROGRAMS.
(a) STEVENSON-WYDLER AMENDMENTS.—The Steven-
son-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 follow-
ing new paragraph:
‘‘(14) ‘Sustainable economic development’ means
the integration of environmental and economic devel-
opment concerns leading to continuous and long-term
economic development with reduced pollution and the
more efficient use of energy and materials.’’;
(4) in section 6(a), by inserting ‘‘and sustainable
economic development in their regions’’ after ‘‘en-
hance the competitiveness of American business’’;
(5) in section 6(d), by inserting ‘‘and sustainable
economic development in their regions’’ after ‘‘en-
hance the competitiveness of American businesses’’;
(6) in section 7(a), by inserting ‘‘and sustainable
economic development’’ after ‘‘enhance technological
innovation’’;
(7) in section 7(c)(1), by striking ‘‘economic
competitiveness’’ and inserting ‘‘sustainable economic
development’’;
(8) in section 9(a), by inserting ‘‘and sustainable
economic development’’ after ‘‘enhance technological
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—
(1) in section 1(b)(1), by inserting ‘‘sustainable
economic development,’’ after ‘‘improved product reli-
ability and manufacturing processes,’’;
(2) in section 1, by adding after subsection (b)
the following new subsection:
‘‘(c) For purposes of this section, the term ‘sustainable
economic development’ means the integration of environ-
mental and economic development concerns leading to con-
tinuous and long-term economic development with reduced
pollution and the more efficient use of energy and mate-
rials.’’; and
(3) in section 2(b)(1), by inserting ‘‘to enhance
sustainable economic development (as that term is de-
fined in section 1(c)),’’ after ‘‘to improve quality,’’.
(c) TECHNICAL AMENDMENT.—Section 214 of the Na-
tional Aeronautics and Space Administration Authoriza-
tion Act, Fiscal Year 1989 (42 U.S.C. 2451 note) is amend-
ed—
(1) by striking ‘‘102(c)’’ and inserting ‘‘102(d)’’;
and
(2) 
by 
striking 
‘‘2451(c)’’ 
and 
inserting
‘‘2451(d)’’.
(d) NASA AMENDMENTS.—The National Aeronautics
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 fol-
lowing new paragraph:
‘‘(6) The making available to Federal and non-
Federal entities of the United States, technologies that
will enhance the sustainable economic development 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 development’
means the integration of environmental and economic
development concerns leading to continuous and long-
term economic development with reduced 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 period
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:
‘‘(2) The term ‘sustainable economic develop-
ment’ means the integration of environmental and
economic development concerns leading to continuous
and long-term economic development with reduced
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 over-
all Federal environmental technology strategy established in
section 201, to promote the research, development, and dem-
onstration of technologies that will contribute significantly
to sustainable economic development. The Administrator
shall administer the initiative in collaboration with the
heads of other Federal agencies, including the Secretary of
Commerce, the Secretary of Energy, the Secretary of De-
fense, and the Director of the National Science Foundation,
that have substantial capabilities in advanced technology
research and development.
(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 Tech-
nology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.), as added by section 213, and of the National
Environmentally Sound Technology Award estab-
lished under section 25 of such Act, as added by sec-
tion 213;
(2) the conduct of the Innovative Environmental
Technology Program described in section 212, the in-
formation activities described in section 214, and the
environmental technology demonstration program de-
scribed in section 215; 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 may
enter into an agreement with the head of another Fed-
eral agency, and enter into contracts and cooperative
agreements with, and award grants to, entities eligi-
ble for financial assistance under that section.
(2) COMPETITIVE PROCESS.—The Administrator
(or the head of a Federal agency under an agreement
under paragraph (1)) shall select proposals for finan-
cial assistance under a section referred to in sub-
section (b)(2) solely through a competitive, merit-
based evaluation process.
(3) INTEGRATION
OF
INDUSTRY
AND
OTHER
VIEWS.—The Administrator (or the head of a Federal
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 re-
ferred to in subsection (b)(2) are evaluated and se-
lected.
(d) OTHER ASSISTANCE AUTHORIZED.—The Adminis-
trator, in collaboration with the heads of other appropriate
Federal agencies that have substantial capabilities in ad-
vanced technology research and development and as appro-
priate, may provide an entity receiving financial assistance
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 sci-
entists and engineers at those laboratories), necessary to
carry out such section.
(e) ANNUAL INTERAGENCY PLAN AND REVIEW.—The
Administrator, in collaboration with the heads of other ap-
propriate Federal agencies (including the Secretary of Com-
merce and the Secretary of Energy) and in consultation
with representatives of industry, nonprofit, and other ap-
propriate organizations, shall develop a strategic plan for
the programs and activities referred to in subsection (b)(2)
as part of, and consistent with, the overall Federal environ-
mental technology strategy established in section 201 and
shall report to the Congress on the performance of such pro-
grams 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)), re-
spectively, including women, including an evaluation
of any steps taken to encourage the participation 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 Administrator
considers necessary to carry out the programs
and activities and to avoid unnecessary duplica-
tion of effort by Federal agencies.
(2) APPLICABILITY OF OTHER LAW.—Paragraphs
(5), (6), (7), (8), and (11) of section 28(d) of the Na-
tional Institute of Standards and Technology Act (15
U.S.C. 278n(d)) shall apply to the administration of
the programs and activities referred to in subsection
(b)(2).
(3) PARTICIPATION OF SOCIALLY AND ECONOMI-
CALLY
DISADVANTAGED
INDIVIDUALS.—In carrying
out the sections referred to in subsection (b)(2), the
Administrator shall encourage the 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)), re-
spectively, including women.
(g) ECONOMICALLY DEPRESSED AREAS.—The Admin-
istrator, in collaboration with the heads of other appro-
priate Federal agencies, shall seek to ensure that entities
eligible for assistance under a section referred to in sub-
section (b)(2) and located in areas determined by the Ad-
ministrator to have a depressed economy, or a significant
concentration of defense-related industries, or chronically
high unemployment, are notified of the assistance made
available under that section and, to the extent practicable,
to encourage and facilitate the participation of such entities
in activities for which assistance is provided under that sec-
tion.
(h) LIMITATION ON CONSTRUCTION OF FACILITIES.—
The Administrator may not provide financial assistance to
an entity under a section referred to in subsection (b)(2)
for the construction of facilities.
(i) MANAGEMENT.—The Administrator shall prescribe
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 be 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 entity.
SEC. 212. INNOVATIVE ENVIRONMENTAL TECHNOLOGY
PROGRAM.
(a) ESTABLISHMENT.—The Administrator, in collabo-
ration with the heads of other appropriate Federal agencies
(including the Secretary of Commerce, the Secretary of En-
ergy, and the Secretary of Defense), shall conduct an inter-
agency innovative environmental technology program to de-
velop or demonstrate advanced precommercial environ-
mental technologies and which, to avoid redundancy and
ensure efficiency, will be fully coordinated with the overall
Federal environmental strategy established in section 201.
(b) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An en-
tity shall be eligible for financial assistance to conduct a
demonstration or development project under the program
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.
(3) Contribution to industrial competitiveness,
including new markets, reduced production costs, and
enhanced global competitiveness.
(4) Improvement in the environment of the work-
place.
(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 indus-
try.
(9) Other criteria established by the Adminis-
trator.
(d) AWARD CONDITIONS.—Financial assistance pro-
vided under this section shall be subject to the following con-
ditions:
(1) Such assistance may be made for not more
than three 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 assistance
to a partnership under this section in an amount 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 con-
ducted by a partnership under this section may ex-
ceed the limitation described in paragraph (2) if—
(A) the partnership is composed entirely of
small business concerns; or
(B) the Administrator determines that it
would be appropriate under the circumstances
and would serve the purpose of the program to
provide more than a minority cost-share of the
project conducted by the partnership.
(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 AND REPORT.—As part of the annual
evaluation referred to in section 211(e), the Administrator
shall conduct an evaluation of—
(1) the extent to which technologies developed
pursuant to the program established under subsection
(a) are used;
(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 Adminis-
trator shall establish procedures and criteria for
recoupment in connection with any project, for which
financial assistance is provided under this section,
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 connection
with such product or process.
(B) EXCEPTION.—In the case of a product
or process which is used by the recipient of fi-
nancial assistance under this section for the pro-
duction and sale of its own products or processes,
the recoupment shall consist of a payment equiv-
alent 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 re-
quirements of this subsection as necessary, depending
on—
(A) the commercial competitiveness of the
entity or entities developing or using the product
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.
(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 de-
velopment by—
(A) helping to stimulate United States com-
panies to research, develop, and demonstrate en-
vironmental 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, govern-
mental, and other organizations in evaluating
their own research, development, and demonstra-
tion of environmental technologies.
(b) PURPOSE.—It is the purpose of this section to pro-
vide for the establishment and conduct of a President’s
Total Environmental Quality Award Program and a Na-
tional Environmentally Sound Technology Award Program
under which awards are given to recognize the successful
research, development, and demonstration of environmental
technologies, and information is disseminated about such
success.
(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 follow-
ing 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 Adminis-
trator of the Environmental Protection Agency, and the
Secretary of Defense, shall establish a process for the accept-
ance and evaluation of Award applicants. The Secretary
shall, to the extent practicable, refer to the procedures used
in the administration of the Malcolm Baldrige National
Quality Award, including the definition of award cat-
egories, the delegation of responsibilities, and provisions for
publicity, evaluation feed-back, and information transfer,
as a model for the President’s Total Environmental Quality
Award.
‘‘(d) PRESENTATION OF AWARD.—
‘‘(1) RECOMMENDATIONS
BY
SECRETARY.—The
Secretary shall submit to the President the rec-
ommendations 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 demonstration
of environmental technologies and the effective inte-
gration of environmental concerns into its operations
and management, and which as a consequence are de-
serving of special recognition.
‘‘(3) PRESENTATION CEREMONY.—The President
or the Vice President shall present the Award to re-
cipients selected under paragraph (2) with such cere-
mony as the President or the Vice President considers
to be appropriate.
‘‘(e) LIMITATION.—The information gathered in evalu-
ating Award applications may be used only for the evalua-
tion of such applications and for publicity by winners 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 devel-
opment 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 envi-
ronmental concerns into the operations and manage-
ment of the organization.
‘‘(3) The effectiveness of energy and materials
use from the perspective of the life-cycle of the produc-
tion, use, recycle, and disposal of a product.
‘‘(4) The effective use of an integrated approach
to pollution prevention and control that considers all
environmental media (liquid, solid, gaseous).
‘‘(g) FUNDING.—The Secretary may seek and accept
gifts from public and private sources to carry out this sec-
tion. 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 submit
to the President and the Congress a report on the progress
made in carrying out this section, including a report on
any indications that the Award has influenced the practices
of United States companies and other organizations. The
report shall include any recommendations of the Secretary
for any modifications of the Award the Secretary 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 En-
vironmental Technologies Act of 1994.
‘‘(b) ADMINISTRATION.—Using the authority and pro-
cedures established in section 24 and subject to the condi-
tions described in this section, the Secretary, in collabora-
tion with the Administrator of the Environmental Protec-
tion Agency and the Secretary of Energy, shall receive and
evaluate applications for the National Environmentally
Sound Technology Award and provide for presentation 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 perma-
nent 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 orga-
nization may qualify for such Award only if the individual
was substantially involved in the invention or innovation
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 of
1994 and biennially thereafter, the Secretary shall submit
to the Congress a report on the progress made in carrying
out this section. The report shall contain an evaluation of
the performance of such Award, including an assessment
of the extent to which the public recognizes such Award and
such Award encourages innovation of environmental tech-
nologies.’’.
SEC. 214. INCORPORATION OF INFORMATION ON ENVIRON-
MENTAL TECHNOLOGIES INTO EXISTING NET-
WORKS.
(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 En-
vironmental 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, to the maximum extent practicable, use ex-
isting information network capabilities of the Federal Gov-
ernment and coordinate with the Federal environmental
technology strategy established in section 201 to provide co-
ordinated access to data on environmental technologies or
protocols developed, tested, verified, or certified under pro-
grams established by this Act, and by other appropriate
Federal and non-Federal sources. Such data shall include—
(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 coordinating
with other international technology information
programs of the Federal Government; and
(D) cost-effectiveness and performance of en-
vironmental technologies; and
(2) other information determined by the Admin-
istrator to be of substantial value in promoting the
research, development, and demonstration of environ-
mental 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.
(c) OUTREACH.—The Administrator, through the Of-
fice of Research and Development of the Environmental
Protection Agency and in collaboration with the Under Sec-
retary for Technology of the Department of Commerce and
the heads of any other appropriate Federal agencies, shall
conduct outreach efforts to advertise, deliver, and dissemi-
nate the information made available pursuant to subsection
(a). As part of such efforts, the Administrator shall consult
with United States industrial associations and take appro-
priate action to ensure access to such information by indus-
trial assistance organizations and programs supported by
a State or local government, a non-profit organization in
which a State or local government is a member, an institu-
tion of higher education designated by a State or local gov-
ernment, a manufacturing extension and outreach service
or regional technical assistance service approved by the
Federal Government, or a Federal laboratory.
(d) EVALUATION AND REPORT.—As part of the annual
evaluation referred to in section 211(e), the Administrator
shall conduct an evaluation of the extent to which the data
provided pursuant to this section are used.
SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRON-
MENTAL TECHNOLOGY DEMONSTRATION.
(a) ESTABLISHMENT.—The Administrator shall estab-
lish a program, in collaboration with the heads of appro-
priate Federal agencies (including the Secretary of Energy,
the Secretary of Commerce, and the Secretary of Defense)
and in coordination with the Federal environmental tech-
nology strategy established in section 201, to demonstrate
the performance of environmental technologies at Federal
laboratories and other Federal facilities.
(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 facility;
(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
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 ap-
propriate, any expertise, site, or facility under the ju-
risdiction of such agency to an eligible entity under
subsection (d) for the purpose of demonstrating 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 demonstrating
the technology; and
(B) provisions that provide special consider-
ation of the needs of small business concerns;
(3) shall establish criteria for verification of the
efficacy of demonstrated environmental technologies;
(4) shall establish specific procedures for the
management and oversight of demonstration activities
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 technologies;
and
(B) sites at Federal laboratories or other
Federal facilities potentially available for dem-
onstrating environmental technologies, character-
ized 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 dem-
onstrated 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-
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 United
States companies (including small business concerns),
United States nonprofit organizations, United States insti-
tutions of higher education, and other entities that the Ad-
ministrator 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 demonstrated
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 demonstrate envi-
ronmental technologies.
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 en-
vironmental technologies of economic, governmental, 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 describing
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 Administrator shall submit the report to the Com-
mittee on Science, Space, and Technology of the House of
Representatives and the Committee on Environment and
Public Works of the Senate within 30 days after receiving
the report from the National Research Council.
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 ex-
tent practicable, provide for the dissemination of informa-
tion developed as a result of the research activities referred
to in subsection (a) through education activities of the
Foundation and through the information dissemination ac-
tivities developed pursuant to section 214.
TITLE III—PERFORMANCE
MEASUREMENTS
SEC. 301. PERFORMANCE MEASUREMENTS.
(a) AUTHORIZATION.—The Secretary of Commerce,
through the Director of the National Institute of Standards
and Technology, in collaboration with the Administrator
and the heads of other appropriate Federal agencies, in con-
sultation with non-Federal standards organizations, and
consistent with the Federal environmental technology strat-
egy established in section 201, shall establish a program to
support the clarification of measurements of performance—
(1) for environmental technologies (not including
technologies primarily intended to improve the qual-
ity of the environment through pollution control, pol-
lution remediation, pollution monitoring, and dis-
posal), to clarify performance and substitutability for
conventional technologies and for the fair evaluation
of performance claims regarding such environmental
technologies; and
(2) to develop appropriate standard reference
materials required to implement paragraph (1).
(b) EXISTING NON-FEDERAL PROGRAMS.—In develop-
ing the program established in subsection (a), the Director
of the National Institute of Standards and Technology shall,
to the maximum extent practicable, coordinate efforts under
such program with existing non-Federal standards activi-
ties 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 Federal
agencies to ensure, to the maximum extent practicable, the
use of the best available scientific and technical information
in the evaluation of environmental performance 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 ap-
propriate Federal agencies and private-sector standards or-
ganizations to facilitate the development and maintenance
of a glossary of standard definitions of terms used in the
evaluation of environmental performance claims.
(e) INTERNATIONAL HARMONIZATION.—The Secretary
of Commerce, through the Director of the National Institute
of Standards and Technology, shall work with domestic and
international standards organizations to ensure harmoni-
zation of domestic performance measurements with inter-
national performance measurements.
SEC. 
302. 
VERIFICATION 
OF 
ENVIRONMENTAL 
TECH-
NOLOGIES.
(a) DESIGNATION OF ENTITIES TO PERFORM ENVI-
RONMENTAL TECHNOLOGY VERIFICATION.—The Adminis-
trator may, in accordance with this section and consistent
with the Federal environmental technology strategy devel-
oped in section 201, designate entities to perform the func-
tions 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 representatives to support entities
designated by the Administrator 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-effec-
tiveness, and ecological benefits of environmental tech-
nologies;
(2) shall disseminate information on the charac-
teristics referred to in paragraph (1), including infor-
mation that describes whether each environmental
technology evaluated and verified—
(A) meets the performance criteria of appli-
cable 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 respect
to each environmental technology verified and evalu-
ated by the entity under this section; and
(4) may use support provided under this section
to develop technologies necessary for effective verifica-
tion and evaluation under paragraph (1) and may
charge appropriate fees for such verification and eval-
uation.
(c) REVIEW BY ADMINISTRATOR.—After receiving data
and other information from an entity designated under sub-
section (a) with respect to an environmental technology
under subsection (b)(1), the Administrator shall conduct
appropriate review of the data, other information, and pro-
tocols developed by such entity with respect to such tech-
nology.
(d) ADMINISTRATION.—In carrying out this section,
the Administrator shall—
(1) establish procedures for soliciting applica-
tions for and selecting, pursuant to criteria referred
to in subsection (e), entities to perform functions de-
scribed in subsection (b) and, as appropriate, des-
ignate model entities;
(2) establish eligibility criteria for entities 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 protocols
to evaluate the cost and performance of environmental
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 approving
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 verifica-
tion of—
(A) environmental technologies developed or
demonstrated by small business concerns, non-
profit organizations, and United States institu-
tions of higher education; and
(B) environmental technologies that provide
source reduction; and
(7) consult with the heads of other Federal agen-
cies to make available, through cooperative agree-
ments 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 organizations,
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.
(4) The existence of a plan for disseminating
nonproprietary information regarding technologies
verified by the entity.
(5) Other criteria that the Administrator consid-
ers appropriate.
(f) MERIT-BASED
SELECTION
PROCESS.—Entities
supported under this section shall be selected only through
a merit-based selection process, established by the Adminis-
trator, pursuant to the criteria described in subsection (e).
(g) AUTHORITY OF ADMINISTRATOR.—The Adminis-
trator may enter into cooperative agreements and contracts
to carry out this section.
(h) DIRECT VERIFICATION.—If the Administrator de-
termines that entities designated under this section cannot
adequately verify the performance of environmental tech-
nologies because of scale or complexity, the Administrator
may 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 review
a verification or evaluation) under this section shall
not constitute a final action by the Administrator
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 verifica-
tion, evaluation, or confirmation shall not constitute
a defense in an enforcement action or suit and shall
not create a cause of action against the Environ-
mental Protection Agency.
(j) REPORT.—The Administrator, in consultation with
the heads of other appropriate Federal agencies, and indus-
try, nonprofit, and other appropriate organizations, shall
annually submit to the Congress a report that evaluates the
implementation of this section. The report shall include a
description of the technologies verified pursuant to this sec-
tion, 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.—The President shall establish a
program for evaluating and approving the purchase by the
Federal Government of environmental technologies covered
by section 301(a)(1). The President shall consider perform-
ance standards that clarify the substitutability of such envi-
ronmental technologies for conventional technologies to es-
tablish a priority list of such environmental technologies
for approval for purchase under the program and imple-
ment a plan for the procurement of such technologies.
(b) REPORT.—Within one year after the date of the
enactment of this Act and annually thereafter, the President
shall submit to the Congress a report describing the progress
made in carrying out this section and plans for 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 TECH-
NOLOGY 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 (including
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 section
201.
(b) IMPLEMENTATION AUTHORITY.—In implementing
this section, the Secretary may award grants to, and enter
into contracts, cooperative agreements, and other appro-
priate arrangements with institutions of higher education,
industry, the National Laboratories, and other Federal
agencies.
(c) COORDINATION.—The Secretary shall ensure that
the activities conducted pursuant to this section are appro-
priately coordinated with the activities conducted pursuant
to the Environmental Technologies Innovation Initiative es-
tablished under section 211.
SEC. 402. METALS RECYCLING DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
program to demonstrate the technological and economic fea-
sibility 
of 
recycling 
and 
reusing 
radioactively
uncontaminated and decontaminated metals and equip-
ment, and of other waste minimization techniques. Such
program shall seek to demonstrate that sufficient private
sector commitment to provide decontamination services and
to purchase uncontaminated and decontaminated metals
and equipment either exists or can be generated to support
such a program of recycling 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 Na-
tional Laboratories or former nuclear weapons production
facilities, and shall be of sufficient scope, and shall include
an appropriate variety of materials, to demonstrate the fea-
sibility 
of 
recycling 
and 
reusing 
radioactively
uncontaminated and decontaminated metals and equip-
ment at all National Laboratories and former nuclear
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 decontamination
technologies.
(d) IMPLEMENTATION AUTHORITY.—In implementing
this section, the Secretary may award grants to, and enter
into contracts, cooperative agreements, and other appro-
priate arrangements with institutions of higher education,
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 dis-
pose of radioactively contaminated metals and equipment.
(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 pro-
gram.
(2) CONTENTS OF FINAL REPORT.—The report
required under paragraph (1)(B) shall include—
(A) the findings of the Secretary on the suc-
cess of the demonstration program at achieving
its purposes under this section;
(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 radioactively
uncontaminated and decontaminated metals and
equipment at all National Laboratories and
former nuclear weapons production facilities.
(3) QUANTITATIVE ASSESSMENT.—To enable the
Secretary to carry out paragraph (2)(D), the Sec-
retary 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
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 realized
and the costs of treatment, containment, storage, dis-
posal, monitoring, and replacement. Disposal costs
shall be calculated on the basis of the costs of such dis-
posal 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 Restoration
and Waste Management program that is attributable to re-
search and development until such proportion is at least
10 percent.
(b) AUTHORIZATION OF APPROPRIATIONS.—Of those
funds requested under subsection (a) and made available
for the Environmental Restoration and Waste Management
program that are attributable to research and development,
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 Of-
fice of Technology Development, including the advanced ro-
botics program, for the development of safer, less expensive,
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 sec-
tions 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.
(b) ENVIRONMENTAL TECHNOLOGIES INNOVATION INI-
TIATIVE.—There is hereby authorized to be appropriated to
carry out the Environmental Technologies Innovation Ini-
tiative established in subtitle B of title II the following:
(1) For fiscal year 1995, $80,000,000, 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 es-
tablished 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 FI-
NANCIAL ASSISTANCE.
(a) COMPETITION REQUIREMENT.—No financial as-
sistance (including a grant, a contract, or any other award
of financial assistance) may be provided under a section
of this Act for research, development, or demonstration ac-
tivities, or for the construction of research, development, or
precommercial demonstration facilities, unless a competi-
tive, 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 financial
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).
(2) NOTICE
AND
WAIT
REQUIREMENT.—No fi-
nancial assistance (including a grant, a contract, or
any other type of financial assistance) may be award-
ed pursuant to a provision of law that requires or au-
thorizes the award of the financial assistance under
this Act in a manner inconsistent with subsection (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.
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Union Calendar No. 296
103D CONGRESS
2D SESSION
H. R. 3870
[Report No. 103–536]
A BILL
To promote the research and development of
environmental technologies.
JUNE 8, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed