[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3870 Engrossed in House (EH)]
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 Representatives 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''.
(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 environmentally sound technology
award.
Sec. 214. Incorporation of information on environmental technologies
into existing networks.
Sec. 215. Use of Federal facilities for environmental technology
demonstration.
Sec. 216. Study of factors affecting innovation in environmental
technologies.
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
development.
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 maintaining a healthy
environment are among the urgent public policy challenges of
the United States.
(2) The research, development, and demonstration 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 domestic 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 development, 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.
SEC. 103. PURPOSES.
It is the purpose of this Act--
(1) to improve, consistent with applicable provisions of
law, coordination and integration of environmental technology
research and development performed by and across Federal
agencies;
(2) to assist and catalyze efforts of private industry,
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 information
regarding innovations in environmental technologies;
(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, development, and demonstration
of environmental technologies.
SEC. 104. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator 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, performance, manufacturability, and
safety.
(3) The term ``environmental technology'' means a cost-
efficient technology that is primarily intended to improve the
quality of the environment through pollution prevention,
pollution monitoring, pollution control, pollution remediation,
reuse, recycling, or disposal, or that is capable of cost-
effectively offering significant environmental benefits when
compared with a technology it replaces.
(4) The term ``advanced precommercial environmental
technologies'' means any environmental technology that enables
the commercial potential of a new product or process but
requires a further investment in addition to, and comparable
to, the assistance provided under this Act to develop and
market application-specific commercial prototypes, products,
and processes.
(5) The term ``Federal laboratory'' has the meaning 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)).
(6) The term ``life-cycle assessment'' means an inventory
of the resource use and waste generation involved in developing
a technology, including materials 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 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.
(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.
TITLE II--POLICY COORDINATION AND TECHNOLOGY PROGRAMS
Subtitle A--Policy Coordination and Program Planning
SEC. 201. COORDINATION OF ENVIRONMENTAL TECHNOLOGY 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 President and in coordination with the heads of other
Federal agencies that have substantial capabilities in the research,
development, and demonstration of environmental technologies, 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 research,
development, and demonstration of environmental 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 priorities 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 maximum extent
practicable, that the principles of sustainable economic
development are integrated into the research, development, and
technology programs of all Federal agencies;
(5) ensure that programs and activities established under
this Act are fully coordinated with existing Federal
capabilities and an overall Federal strategy for the research,
development, and demonstration of environmental technologies;
(6) ensure that the efforts of the Federal Government are
coordinated with the efforts of State and local governments and
private and nonprofit organizations promoting the research,
development, and demonstration of environmental technologies;
(7) ensure that in developing the interagency strategy for
the research, development, and demonstration 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 established under
this Act develop technologies that could assist States and
regional associations of States to comply with existing
environmental regulations, including air pollution regulations;
and
(9) submit to the Congress any recommendations 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 assess, in conjunction with other
entities designated by the President 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 President, particularly the
Office of Management 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 enactment 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, development, and demonstration of innovative
environmental 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 entities, including State and local
governments, United States companies, United States industrial
associations and consortia, United States institutions of higher
education, United States worker organizations, United States
professional associations, and United States nonprofit organizations,
in carrying out this section, including the development 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 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.
(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 resources 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 collaboration 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 contribution of life-cycle assessments and
other design-for-environment resources to the efficient design,
development, and use of technologies, and to sustainable
economic development.
(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 disseminated in a coordinated
fashion, partitioning agency responsibilities where
appropriate;
(B) coordinate with State and local governments
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, 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 practicable,
existing networks and supporting databases which
provide access to publicly available information that
will facilitate the use of life-cycle assessments and
other design-for-environment resources;
(C) to sponsor demonstrations for public policy and
business decisionmakers of the effective 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
capabilities are, and continue to be, fully integrated
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 Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701) is amended--
(1) in section 2(2), by inserting ``greater environmental
sustainability,'' after ``employment opportunities,'';
(2) in section 3(1), by inserting ``for sustainable
economic development'' after ``stimulate technology'';
(3) in section 4, by adding at the end the following new
paragraph:
``(14) `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.'';
(4) in section 6(a), by inserting ``and sustainable
economic development in their regions'' after ``enhance the
competitiveness of American business'';
(5) in section 6(d), by inserting ``and sustainable
economic development in their regions'' after ``enhance 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 inserting ``sustainable economic
development,'' after ``employment,'';
(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 amended--
(1) in section 1(b)(1), by inserting ``sustainable economic
development,'' after ``improved product reliability 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 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.''; 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 quality,''.
(c) Technical Amendment.--Section 214 of the National Aeronautics
and Space Administration Authorization 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)''.
(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 following
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 designated by
subparagraph (A) of this paragraph, the following new
paragraph:
``(2) 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.''.
Subtitle B--Environmental Technology Innovation Initiative
SEC. 211. ESTABLISHMENT AND ADMINISTRATION OF INITIATIVE.
(a) Establishment.--There is established an interagency
Environmental Technologies Innovation Initiative, to be implemented as
part of, and consistent with, the overall Federal environmental
technology strategy established in section 201, to promote the
research, development, and demonstration 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 Defense, the Director of the
National Science Foundation, the Secretary of Agriculture, and the
Secretary of Interior, that have substantial capabilities in advanced
technology research and development.
(b) Conduct of Initiative Programs and Activities.--The initiative
referred to in subsection (a) shall include--
(1) the administration and award of the President's Total
Environmental Quality Award established 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 National
Environmentally Sound Technology Award established under
section 25 of such Act, as added by section 213;
(2) the conduct of the Innovative Environmental Technology
Program described in section 212, the information activities
described in section 214, and the environmental technology
demonstration program described in section 215, the
demonstration 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; Assistance.--
(1) In general.--To carry out a section referred to in
subsection (b)(2), the Administrator may enter into an
agreement with the head of another 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 Administrator (or the head of
a Federal agency under an agreement under paragraph (1)) shall
select proposals 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 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
referred to in subsection (b)(2) are evaluated and selected.
(d) Other Assistance Authorized.--The Administrator, in
collaboration with the heads of other appropriate Federal agencies that
have substantial capabilities in advanced technology research and
development and as appropriate, 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 scientists 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 appropriate Federal agencies
(including the Secretary of Commerce and the Secretary of Energy) and
in consultation with representatives of industry, nonprofit, and other
appropriate 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 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 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, including an
evaluation of any steps taken to encourage the participation of
such individuals.
(f) Administration.--
(1) In general.--In administering the programs and
activities referred to in subsection (b)(2), the Administrator
shall--
(A) monitor the manner in which any technologies
developed as a result of the programs and activities
are used, and report periodically to the Congress on
the extent of any international 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 duplication of
effort by Federal agencies.
(2) Applicability of other law.--Paragraphs (5), (6), (7),
(8), and (11) of section 28(d) of the National 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 economically
disadvantaged individuals.--In carrying out the sections
referred to in subsection (b)(2), the Administrator shall
encourage the participation 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 Administrator, in
collaboration with the heads of other appropriate Federal agencies,
shall seek to ensure that entities 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
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 section.
(h) Limitation on Construction of Facilities.--The Administrator
may not provide financial assistance to an entity under this section
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
submitted; and
(2) providing consideration of in-kind contributions by a
non-Federal Government entity participating 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 collaboration with the
heads of other appropriate Federal agencies (including the Secretary of
Commerce, the Secretary of Energy, and the Secretary of Defense), shall
conduct 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.
(b) Eligibility for Financial Assistance.--An entity 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 companies; and
(2) may include, as determined appropriate by the
Administrator, a Federal laboratory or laboratories, United
States nonprofit organizations, United States institutions of
higher education, agencies of States governments, and other
entities that participate 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 following criteria in evaluating
proposals for financial assistance 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 workplace.
(5) Applicability to other industrial processes.
(6) Improvement in technological capability to recycle
complex combinations of materials.
(7) Innovative application of post-consumer materials.
(8) Direct application to environmental technologies needed
for United States business and industry.
(9) Other criteria established by the Administrator.
(d) Award Conditions.--Financial assistance provided 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 assistance to an entity 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 conducted by
a partnership under this section may exceed the limitation
described in paragraph (2) if the partnership is composed
entirely of small business concerns.
(4) The Administrator has determined that--
(A) an applicant for any such assistance has made
reasonable efforts to obtain non-Federal 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 carried out
under such terms and conditions as the Administrator 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 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 reduced
pollution and the more efficient use of energy and materials;
and
(3) the contribution of such technologies to economic
development.
(f) Recoupment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator 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 required as a condition
for the provision of financial assistance under this
section, shall be proportional 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 financial assistance
under this section for the production and sale of its
own products or processes, the recoupment shall consist
of a payment 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, 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 ENVIRONMENTALLY 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
issues 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 development by--
(A) helping to stimulate United States companies to
research, develop, and demonstrate 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, governmental, and
other organizations in evaluating their own research,
development, and demonstration 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 National 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 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 Environmental Quality Award'.
``(c) Award Selection Process.--The Secretary, in collaboration
with the Secretary of Energy, the Administrator of the Environmental
Protection Agency, and the Secretary of Defense, shall establish a
process for the acceptance 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 categories, 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, 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 organizations which in the judgment
of the President have substantially benefited the
environmental, economic, and social well-being of the United
States through the research, development, and demonstration of
environmental technologies and the effective integration of
environmental concerns into its operations and management, and
which as a consequence are deserving of special recognition.
``(3) Presentation ceremony.--The President 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 evaluating Award
applications may be used only for the evaluation of such applications
and for publicity by winners of the Award. Such information may not be
used for regulatory or compliance purposes.
``(f) Evaluation Criteria.--Criteria for evaluating Award
applications shall include the following:
``(1) The effectiveness of the organization's development
and demonstration of environmental technologies, as well as the
organization's provision for environmental technologies in its
future plans.
``(2) The effectiveness of the integration of environmental
concerns into the operations and management of the
organization.
``(3) The effectiveness of energy and materials use from
the perspective of the life-cycle of the production, 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).
``(5) The overall environmental performance of the
organization, including environmental compliance.
``(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 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 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 TECHNOLOGY AWARD.
``(a) Establishment.--There is established a National
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 collaboration with the Administrator of
the Environmental Protection 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 technologies.
``(6) Pollution remediation technologies.
``(7) Other technologies as appropriate.
``(d) Qualified Applicants.--Any citizen or permanent resident of
the United States may qualify for such Award. Any such individual who
is employed by or otherwise works for a business, Federal laboratory,
or other organization 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 technologies.''.
SEC. 214. INCORPORATION OF INFORMATION ON ENVIRONMENTAL 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 Department
of Commerce and the heads of any other appropriate Federal agencies,
shall, to the maximum extent practicable, use existing information
network capabilities of the Federal Government as part of, and
consistent with, the overall Federal environmental technology strategy
established 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-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 environmental
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
environmental technologies; and
(2) other information determined by the Administrator to be
of substantial value in promoting the research, development,
and demonstration of environmental technologies.
(b) Use of Existing Resources.--In carrying out this section, the
Administrator shall, to the maximum extent practicable--
(1) use existing public and private sector information
providers and carriers; and
(2) coordinate with the heads of other appropriate Federal
agencies to make data described in subsection (a) accessible
through appropriate database systems of those Federal agencies.
(c) Outreach.--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 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 information by industrial 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 institution of higher
education designated by a State or local government, 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 ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION.
(a) Establishment.--The Administrator shall establish a program, in
collaboration with the heads of appropriate Federal agencies (including
the Secretary of Energy, the Secretary of Commerce, and the Secretary
of Defense) 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 facilities.
(b) Qualifying Technology Demonstration Projects.--Technologies
that qualify for demonstration under such program include--
(1) environmental technologies that can be applied 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 development or that will make a
significant contribution to the cleanup of communities
significantly affected by pollution.
(c) Administration.--As part of the program established 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 demonstrating the performance of an environmental
technology;
(2) shall establish application procedures for an eligible
entity under subsection (d) to apply to demonstrate an
environmental technology at an available site or facility,
including--
(A) provisions for sharing the cost of
demonstrating 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 consideration
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 consultation and
collaboration with other Federal agencies, and consistent with
the Federal environmental technology strategy established in
section 201, make available for entities eligible under
subsection (d) information 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 demonstrating
environmental technologies, characterized by specific
site characteristics, including site geology and site
contaminants where appropriate;
(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 section 214,
nonproprietary information regarding the performance and cost
characteristics of the environmental technologies demonstrated
pursuant to this section.
(d) Entities Eligible for Participation.--Entities 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 institutions 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 resources
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 environmental technologies. Technologies
eligible for demonstration under this section that are also eligible
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 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 report shall identify specific incentives
for and barriers to technological innovation and describe the reasons
for the positive or negative influences identified. The Administrator
shall submit the report to the Congress within 30 days after receiving
the report from 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 Secretary of Energy, or any
officer or employee of the Environmental Protection Agency or the
Department of Energy, 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 MATERIALS.
(a) Demonstration of Environmentally Efficient Materials.--Not
later than 90 days after the date of the enactment of this Act, the
Administrator, in cooperation 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 materials, including the use of
such materials in the construction 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 priority to those materials that most cost-
effectively maximize the conservation and preservation of natural
resources.
(c) Performance Verification.--Before using environmentally
efficient building materials under this section, the Administrator, in
cooperation with the Administrator of General Services and the heads of
other appropriate agencies (including the Director of the National
Institute 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, public health,
safety, and energy efficiency standards.
(d) Research and Development.--The Administrator may support the
research, development and demonstration of environmentally efficient
materials that show substantial promise for use in buildings.
Paragraphs (2), (3), and (5) of section 212(d) shall apply to support
provided 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 results 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 completion of the
demonstration program, the Administrator shall submit to the Congress a
report on the implementation of the demonstration program. The report
shall include the following:
(1) A listing of the type and quantities of environmentally
efficient building materials tested, developed, and used.
(2) A statement of the cost and performance of such
materials compared to comparable, more conventional materials.
(3) An assessment of the extent to which the use of such
materials can be expanded beyond the scope of the demonstration
program.
(4) An assessment of the extent to which research on, and
development of, such materials occurred 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 mechanisms for integrating the views of other
agencies that carry out major construction programs, including the Army
Corps of Engineers and the Veterans Administration, and representatives
of the environmental community, the construction industry (including
small business), manufacturing companies (including small businesses)
that produce environmentally efficient materials, and the scientific
and technical community.
(h) Preemption.--Nothing in this section is intended 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, United States Code, and
any agency of the judicial or legislative branch of the Federal
Government.
(2) The term ``environmentally efficient materials'' means
any recycled, recovered, reclaimed, or reused material whose
production, manufacture, fabrication, and use conserves and
preserves natural resources when compared to the production,
manufacture, fabrication, and use of comparable, more
conventional materials.
(3) The term ``environmentally efficient building
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 demonstrating the technical and economic feasibility of
innovative environmental technologies substantially manufactured in the
United States and used in other nations. Nothing in this section shall
be applicable if the President determines 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 support 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 information developed as a result of the
research activities referred to in subsection (a) through education
activities of the Foundation and through the information dissemination
activities 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 consultation with non-Federal standards organizations, and
as part of, and consistent with, the overall Federal environmental
technology strategy 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 quality of the
environment through pollution control, pollution remediation,
pollution monitoring, and disposal), 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 developing 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 activities that affect the environmental technologies covered
by subsection (a)(1).
(c) Coordination with Other Federal Agencies.--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 Commerce, 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 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 harmonization of domestic performance
measurements with international performance measurements consistent
with applicable Federal and State laws.
SEC. 302. VERIFICATION OF ENVIRONMENTAL TECHNOLOGIES.
(a) Designation of Entities to Perform Environmental Technology
Verification.--The Administrator 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 representatives to support entities designated by the
Administrator under this section.
(b) Functions.--Each entity designated under subsection (a)--
(1) shall verify, evaluate, and, to the maximum extent
practicable, certify the performance, cost-effectiveness, and
ecological benefits of environmental technologies;
(2) shall disseminate information on the characteristics
referred to in paragraph (1), including information that
describes whether each environmental technology evaluated and
verified--
(A) meets the performance criteria of applicable
law (including regulations issued by the Administrator)
under tested conditions at comparable or lower costs
than other existing environmental 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 evaluated by the entity
under this section; and
(4) may use support provided under this section to develop
technologies necessary for effective verification 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
information, and protocols developed by such entity with respect to
such technology.
(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 perform functions described
in subsection (b) and, as appropriate, designate model
entities;
(2) by rule establish eligibility criteria for entities to
be designated under this section;
(3) in collaboration with the heads of other appropriate
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 technologies and establish a
regular process for approving and updating such protocols;
(5) ensure that information regarding environmental
technologies verified and evaluated under this program is
disseminated pursuant to section 214;
(6) develop mechanisms to facilitate the verification of--
(A) environmental technologies developed or
demonstrated by small business concerns, nonprofit
organizations, and United States institutions of higher
education; and
(B) environmental technologies that provide 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 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 evaluation 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) The capability of the applicant to conduct evaluations
of technologies that address priority environmental concerns
consistent with the priorities established in section 201 of
this Act, 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)).
(6) Other criteria that the Administrator considers
appropriate.
(f) Merit-Based Selection Process.--Entities supported under this
section shall be selected only through a merit-based selection process,
established by the Administrator, pursuant to the criteria described in
subsection (e).
(g) Authority of Administrator.--The Administrator 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 cannot adequately verify the
performance of environmental technologies because of scale or
complexity, the Administrator 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 Administrator 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 verified,
evaluated, or reviewed pursuant to this section fails to comply
with any applicable law (including regulations issued by the
Administrator), the verification, evaluation, or confirmation
shall not constitute 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 technology, to create any
competitive advantage or disadvantage for any entity, to
authorize the Administrator to require any person to install or
use any technology pursuant to any program administered by the
Environmental Protection Agency, or to designate any technology
as meeting a regulatory requirement.
(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 evaluates 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 TECHNOLOGIES BY THE FEDERAL
GOVERNMENT.
(a) Establishment.--In any program of the President for evaluating,
prioritizing, and approving the purchase by the Federal Government of
environmental technologies, the President shall, consistent with
applicable procurement laws, consider for such program any performance
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 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 ENERGY 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 environmental
restoration and waste management (including waste
minimization);
(2) training for environmental technicians, engineers, and
scientists; and
(3) technologies for reducing worker exposure to
radioactivity in association with site remediation.
In carrying out this section, the Secretary shall appropriately
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 appropriate arrangements with institutions of
higher education, industry, the National Laboratories, and other
Federal agencies.
(c) Coordination with Initiative.--The Secretary shall ensure that
the activities conducted pursuant to this section are appropriately
coordinated with the activities conducted pursuant to the Environmental
Technologies Innovation Initiative established under section 211.
(d) Coordination with Certain Other Activities.--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
Reauthorization Act of 1986 and by the hazardous substance research
development and demonstration centers established pursuant to
subsections (l) and (o) of section 118 of such Act. Nothing in this
section may be construed to affect the obligation 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
equipment, and of other waste minimization techniques. Under the
program, the Secretary shall analyze the extent to which 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 National Laboratories or former nuclear
weapons production facilities, and shall be of sufficient scope, and
shall include an appropriate variety of materials, to demonstrate the
feasibility of recycling and reusing radioactively uncontaminated and
decontaminated metals and equipment 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 appropriate 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 demonstrate 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 equipment.
(f) Reports to Congress.--
(1) Requirement.--The Secretary shall--
(A) annually during the course of the demonstration
program established under this section, 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;
(B) a comparison of recycling and reusing
radioactively contaminated metals and equipment with
the alternative of containing and disposing of such
metals and equipment;
(C) the quantitative assessment described in
paragraph (3) of this subsection; and
(D) a proposal, including any recommendations 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 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 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, 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 Restoration 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 Energy. This subsection shall apply to
budget requests beginning 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 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 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.
(b) Environmental Technologies Innovation Initiative.--There is
hereby authorized to be appropriated to carry out the Environmental
Technologies Innovation 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 established 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 assistance (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 activities, or for the construction of research,
development, or precommercial demonstration facilities, unless a
competitive, 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 (including 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 financial 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 subsection (a)
until--
(A) the head of the Federal agency intending 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 plausibility.
(3) A description of the default options, the justification
and validation for the default options, and 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 description of
the degree of, conservatism each default option imposes upon
the risk assessment.
(5) Criteria for using iterative or tiered approaches 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 explanation of the data
needs for such analysis.
(7) Effective methods for reporting risk assessment, to
ensure that the results are reasonably understandable by
interested persons, including formats 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 assumptions, given the
scientific information available.
(9) Relevant information on data and assessment methods
that significantly influence the risk estimate.
(10) A statement of the limitations, assumptions, and
default options included in the assessment and a statement of
the rationale and extent of scientific consensus with respect
to their use.
(11) A statement that identifies major uncertainties and
their influence upon the assessment. The statement shall
characterize uncertainties associated 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 assessment, 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
susceptible groups, species, individuals, and subpopulations
whose exposure exceeds that of the general population.
(13) The use of both quantitative and qualitative
descriptors, when available and appropriate, to present a
comprehensive range of risks which are or 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
environmental hazard being evaluated in the risk assessment.
(14) A description of appropriate statistical expressions
of the range and variability of the risk estimate, including
the population or populations addressed 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
uncertainties in the assessment process.
(15) Comparisons of risk to public health, including
appropriate comparisons with estimates of other risks to
health, including those that are familiar to and routinely
encountered by the general public, and relevant substitution
risks, where information 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 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 condition,
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 characterized.
(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 choose among alternative hypotheses, and
assumptions, or experimental models.
(5) The term ``central estimates'' means estimates of
central tendencies or expected risk based, to the extent
feasible, on the most plausible and unbiased assumptions, given
the scientific information available.
(6) The term ``substitution risk'' means a potential
increase in certain types of risk from a strategy 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 Congress that, to
the greatest extent practicable, all equipment 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 entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement 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.