[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3870 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 3870
To promote the research and development of environmental technologies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 22, 1994
Mr. Brown of California (for himself, Mr. Valentine, Mr. Mineta, Mrs.
Lloyd, Mr. Boehlert, Mrs. Morella, Mr. Swett, Mr. Klein, Mr. McHale,
Ms. Eshoo, Mr. Traficant, Mr. Bacchus of Florida, Mr. Barcia of
Michigan, Mr. Fingerhut, Ms. Harman, Mr. Johnson of Georgia, Mr.
Coppersmith, Ms. Eddie Bernice Johnson of Texas, Mr. Minge, Mr. Deal,
Mr. Scott, Mr. Becerra, Mr. Barca of Wisconsin, Mr. Rush, Mr. Sanders,
Mr. Olver, and Ms. Slaughter) introduced the following bill; which was
referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
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.
Subtitle C--Other Research Activities
Sec. 221. Environmentally advanced engineering research.
Sec. 222. Development plan for innovative environmental control and
remediation technologies.
TITLE III--PERFORMANCE MEASUREMENTS
Sec. 301. Performance measurements for environmental technology
products.
Sec. 302. Verification of environmental technologies.
Sec. 303. Use of environmental technology products by the Federal
government.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
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, integration, and deployment
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, integration, and
deployment 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 industry,
universities, nonprofit research centers, and Federal
laboratories in the research, development, integration, and
deployment 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 standards for
substitution of an environmentally sound product or technology
for a traditional one, and for environmental performance and
efficacy of new technologies and products; and
(5) to direct the study of policy changes that will provide
for the more efficient research, development, integration, and
deployment 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 ``environmental technology'' means a
technology that is primarily intended to improve the quality of
the environment through pollution prevention, pollution
monitoring, pollution control, pollution remediation, or
recycling, or that is capable of cost-effectively offering
significant environmental benefits when compared with a
technology it replaces.
(3) 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)).
(4) The term ``life-cycle assessment'' means the assessment
of the complete systems involved in converting resources to
products, including materials extraction, materials conversion,
transportation, energy use, end use, recycling, and disposal,
and their associated costs and environmental impacts.
(5) 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.).
(6) 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.
(7) 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.
(8) The term ``United States company'' means a company
described in section 28(d)(9)(B) of the National Institute of
Standards and Technology Act (15 U.S.C. 278n(d)(9)(B)).
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 Director of the Office of
Science and Technology Policy shall, in coordination with the heads of
other Federal agencies that have substantial capabilities in the
research, development, integration, and deployment of environmental
technologies, take any action necessary--
(1) to ensure, to the maximum extent practicable, the
coordinated, interagency promotion of the research,
development, integration, and deployment of environmental
technologies; and
(2) to develop priorities for Federal environmental
technology research, development, integration, and deployment
efforts.
(b) Implementation.--In carrying out this section, the Director of
the Office of Science and Technology Policy shall--
(1) review current Federally funded programs, including
Federal budget outlays for these programs, to determine their
role in the research, development, integration, and deployment
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 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, integration, and deployment of environmental
technologies; and
(6) 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, 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) Annual Review and Plan.--The Director of the Office of Science
and Technology Policy shall annually submit to the Congress a report
containing an evaluation and plan that assesses the progress of Federal
efforts in advancing the research, development, integration, and
deployment of environmental technologies.
(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) Life-cycle assessments have the potential to greatly
assist in achieving more environmentally sound products,
processes, and services and enhanced industrial efficiency 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 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
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 activities to coordinate
environmental technology research, development, integration,
and deployment described in section 201, the Director of the
Office of Science and Technology Policy shall coordinate
Federal activities and resources that are applied to life-cycle
assessment in order to maximize the contribution of life-cycle
assessments 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 shall--
(A) ensure that the life-cycle assessment 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 resources; and
(C) consult with appropriate private-sector
organizations to take into account the life-cycle
assessment 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 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;
(C) to sponsor demonstrations for public policy and
business decisionmakers of the effective use of life-
cycle assessment data and methods described in this
section; and
(D) to ensure that private-sector life-cycle
assessment capabilities are, and continue to be, fully
integrated into activities under this section.
(3) Limitation.--Nothing in this section shall be considered to
require the use of life-cycle assessment data or methods by any Federal
agency.
(d) Annual Review.--The Director of the Office of Science and
Technology Policy shall annually submit to the Congress a report
containing an evaluation of the life-cycle assessment 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 of 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 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 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) 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.''.
(d) 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 promote the
research, development, integration, and deployment of technologies that
will contribute significantly to sustainable economic development. The
Administrator shall administer the initiative in cooperation with the
heads of other Federal agencies, including the Secretary of Commerce,
the Secretary of Energy, and the Director of the National Science
Foundation, 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; 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 cooperation
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
cooperation with the heads of other appropriate Federal agencies
(including the Secretary of Commerce and the Secretary of Energy),
shall annually submit to the Congress a report that contains a
strategic, interagency plan for the programs and activities referred to
in subsection (b)(2) and an evaluation of such programs and activities,
including an evaluation of the success of innovations resulting from
such programs and activities.
(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
cooperation 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 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
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 cooperation with the
heads of other appropriate Federal agencies (including the Secretary of
Commerce and the Secretary of Energy), shall conduct an interagency
innovative environmental technology program to develop or demonstrate
advanced precommercial environmental technologies.
(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 export
potential.
(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.
(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 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 conducted by
a partnership under this section may exceed 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.
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, integrate, and deploy environmental
technologies;
(B) recognizing the achievements of such companies
which successfully research, develop, integrate, and
deploy 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, integration, and deployment 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, integration, and deployment 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 cooperation with
the Secretary of Energy and the Administrator of the Environmental
Protection Agency, 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 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, integration, and
deployment 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 deployment 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).
``(g) Funding.--The Secretary may seek and accept gifts from public
and private sources to carry out this section. 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 this Act, the Secretary shall submit to the President and
the Congress a report on the progress made in carrying out this
section. 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(2) 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 cooperation 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.
``(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.''.
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
cooperation 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 to provide coordinated
access to data on environmental technologies developed, tested, or
verified 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; and
(C) significant international developments in
environmental technologies, fully coordinating with
other international technology information programs of
the Federal Government; and
(2) other information determined by the Administrator to be
of substantial value in promoting the research, development,
integration, and deployment 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 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.
SEC. 215. USE OF FEDERAL FACILITIES FOR ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION.
(a) Establishment.--The Administrator shall establish a program, in
cooperation with the heads of appropriate Federal agencies (including
the Secretary of Energy, the Secretary of Commerce, and the Secretary
of Defense), 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, as determined by
the Administrator, 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 the
Administration considers to have significant potential as an
environmental technology that will contribute to sustainable
economic growth.
(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 and in consultation and
cooperation with other Federal agencies, 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, in cooperation with other
Federal agencies and in consultation with United States companies and
United States nonprofit organizations, 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; and
(2) the Federal and non-Federal financial resources
committed to the program.
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, 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
Committee 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 support research activities that will
advance the integration of engineering practices and environmental
protection in the development of advanced technologies.
(b) Interagency Cooperation.--The Director of the National Science
Foundation shall cooperate 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 through education activities of the Foundation
and other appropriate Federal agencies of information developed as a
result of the research activities referred to in subsection (a).
SEC. 222. DEVELOPMENT PLAN FOR INNOVATIVE ENVIRONMENTAL CONTROL AND
REMEDIATION TECHNOLOGIES.
Not later than one year after the date of the enactment of this
Act, the Administrator, in cooperation with the heads of other
appropriate Federal agencies (including the Secretary of Energy), shall
submit to the Congress a strategic plan for interagency coordination of
Federal programs for the timely research, development, integration, and
deployment of innovative environmental control and remediation
technologies.
TITLE III--PERFORMANCE MEASUREMENTS
SEC. 301. PERFORMANCE MEASUREMENTS FOR ENVIRONMENTAL TECHNOLOGY
PRODUCTS.
(a) Authorization.--The Secretary of Commerce, through the Director
of the National Institute of Standards and Technology, in cooperation
with the Administrator and the heads of other appropriate Federal
agencies, and in consultation with non-Federal standards organizations,
shall establish a program to support the clarification of measurements
of performance--
(1) for environmental technology products to clarify
quality, performance, and substitutability for conventional
products and for the fair evaluation of performance claims
regarding environmental technologies; and
(2) for appropriate standard reference materials.
(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 environmental technology products.
(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.
SEC. 302. VERIFICATION OF ENVIRONMENTAL TECHNOLOGIES.
(a) Designation of Entities To Perform Environmental Technology
Verification.--The Administrator may, in accordance with this section,
designate entities to perform the functions described in 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) shall--
(1) verify and evaluate the performance and cost
characteristics of environmental technologies;
(2) 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; and
(3) 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.
(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)(4), 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) establish 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) establish eligibility criteria for entities to be
designated under this section;
(3) in cooperation 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) ensure that information regarding environmental
technologies verified and evaluated under this program is
disseminated pursuant to section 214;
(5) 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
(6) 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) 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 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 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.
SEC. 303. USE OF ENVIRONMENTAL TECHNOLOGY PRODUCTS BY THE FEDERAL
GOVERNMENT.
(a) Establishment.--The President shall establish a program for
evaluating and approving the purchase by the Federal Government of
environmental technology products. The President shall consider
performance standards that clarify the substitutability of
environmental technology products for conventional products to
establish a priority list of environmental technology products for
approval for purchase under the program and implement a plan for the
procurement of such products.
(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--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. 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, $80,000,000, 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.
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