[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 405 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 405

 To create an environmental innovation research program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 18 (legislative day, January 5), 1993

Mr. Lieberman (for himself and Mr. Lautenberg) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To create an environmental innovation research program, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Innovation Research 
Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the creation of an environmentally sound economy is 
        among the urgent public policy challenges of the United States, 
        on both a domestic and international level;
            (2) rather than constraining technology and technological 
        progress, the resolution of environmental problems presents new 
        strategic business opportunities;
            (3) new critical environmental technology offers both 
        effective solutions to environmental problems and a viable 
        long-term basis for continued economic growth and 
        competitiveness;
            (4) while substantial relevant basic environmental research 
        and development is being conducted in research institutes, 
        universities, and industries, more work is needed to 
        commercialize advances in basic research and explicit support 
        for research is needed; and
            (5) to better compete in the world economy, environmental 
        issues must become a more explicit focus within Federal 
        agencies that conduct programs related to environmental cleanup 
        and the development or application of technologies, and more 
        environmental applications of technologies must be encouraged 
        through Federal funding.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish an environmental innovation research program;
            (2) stimulate the development of critical environmental 
        technology;
            (3) emphasize the goal of the program of increasing private 
        sector commercialization of technology developed through 
        Federal research and development;
            (4) increase the role of businesses engaging in 
        environmental innovation research in the establishment of 
        Federal research and development priorities; and
            (5) establish the United States as the lead producer and 
        exporter of innovative environmental technology.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered federal agency.--The term ``covered Federal 
        agency'' means a Federal agency, with respect to which, for a 
        fiscal year, an amount greater than $50,000,000 is made 
        available for environmental research and development or 
        environmental cleanup or for both.
            (3) Critical environmental technology.--The term ``critical 
        environmental technology'' means a significant technological 
        innovation that--
                    (A) can be used to reduce risks to human health, 
                welfare, or the environment;
                    (B) enables a wide range of related technical and 
                economic advances; and
                    (C)(i) confers societal benefits in addition to 
                private returns;
                    (ii) either--
                            (I) confers an economic advantage on United 
                        States industries developing or using the 
                        technology; or
                            (II) has the potential of becoming a 
                        dominant technology with respect to the future 
                        application of the technology; and
                    (iii) as appropriate, is generically applicable at 
                the precompetitive stage.
            (4) Director.--The term ``Director'' means the Director of 
        the Office for the Development of Critical Environmental 
        Technology established under section 4.
            (5) Environmental innovation research.--The term 
        ``environmental innovation research'' means research related to 
        the development, application, or commercialization of critical 
        environmental technology.
            (6) Funding agreement.--The term ``funding agreement'' 
        means a contract, cooperative agreement, grant agreement, 
        patent agreement, royalty agreement, license agreement, equity 
        agreement, or other appropriate legal agreement between the 
        head of a covered Federal agency and a private business concern 
        to provide funding and support to carry out environmental 
        innovation research.
            (7) Office.--The term ``Office'' means the Office for the 
        Development of Critical Environmental Technology established by 
        section 4.
            (8) Task force.--The term ``Task Force'' means the Critical 
        Environmental Technology Task Force established under section 
        7.

SEC. 4. ESTABLISHMENT OF OFFICE.

    (a) In General.--There is established within the Environmental 
Protection Agency an Office for the Development of Critical 
Environmental Technology. The Office shall be headed by a Director, who 
shall be appointed by the Administrator.
    (b) Critical Environmental Technology Research Program.--The 
Administrator, acting through the Director, shall carry out a critical 
environmental technology research program. In carrying out the program, 
the Administrator, acting through the Director, shall--
            (1) coordinate communication between the heads of covered 
        Federal agencies and private industry regarding the development 
        of critical environmental technology;
            (2) conduct an environmental innovation research program 
        pursuant to section 5;
            (3) provide information, in cooperation with the head of 
        each other covered Federal agency, to private business concerns 
        that carry out environmental innovation research projects under 
        section 5 regarding contracts with Federal agencies for 
        research and development concerning critical environmental 
        technology;
            (4) provide technical assistance to private business 
        concerns, including information concerning the research and 
        development of critical environmental technology under other 
        federally-sponsored research programs;
            (5) to the extent allowable by law, in cooperation with the 
        head of any other Federal agency that the Administrator 
        determines to be appropriate, ensure the availability of an 
        initial market for the critical environmental technology;
            (6) develop and maintain a clearinghouse to provide 
        information to private business concerns that develop or apply 
        critical environmental technology;
            (7) coordinate the activities of, and independently survey 
        and monitor the operation of, environmental innovation research 
        programs established by covered Federal agencies pursuant to 
        section 5(b); and
            (8) conduct sufficient outreach activities to ensure that, 
        to the extent that funds are available, private business 
        concerns qualified to carry out an environmental innovation 
        research project have an opportunity to participate in the 
        program established under this subsection.

SEC. 5. ENVIRONMENTAL INNOVATION TECHNOLOGY RESEARCH PROJECTS.

    (a) Critical Environmental Technology Research Program of the 
Environmental Protection Agency.--As part of the critical environmental 
technology program referred to in section 4(b), the Administrator, 
acting through the Director, shall conduct an environmental innovation 
research program pursuant to subsection (b). The Administrator, acting 
through the Director and in cooperation with the heads of covered 
Federal agencies, shall ensure the effective coordination of the 
activities of environmental innovation research programs conducted by 
the heads of covered Federal agencies under subsection (b) with the 
environmental innovation research program conducted by the 
Administrator, acting through the Director, under this subsection.
    (b) Environmental Innovation Research Programs of Covered Federal 
Agencies.--
            (1) In general.--In addition to the establishment of an 
        environmental innovation research program by the Administrator 
        under subsection (a), the head of each covered Federal agency 
        shall establish an environmental innovation research program 
        for the development and commercialization of critical 
        environmental technology to--
                    (A) further the progress of cleanup and pollution 
                prevention activities of the agency; and
                    (B) avoid future pollution and cleanup problems.
            (2) Funding.--The head of each covered Federal agency 
        shall--
                    (A) on an annual basis, set aside not less than 
                1.25 percent of the sum of--
                            (i) funds appropriated to the agency for 
                        environmental research and development (if 
                        any); and
                            (ii) funds appropriated to the agency for 
                        environmental cleanup (if any),
                to fund an environmental innovation research program 
                that meets the requirements of this Act; and
                    (B) on an ongoing basis, consult with the Task 
                Force concerning the expenditure of the funds set aside 
                pursuant to subparagraph (A). Nothing in this Act shall 
                limit the amount of funds a covered Federal Agency may 
                spend on the development and commercialization of 
                critical environmental technology, or any other 
                environmental technology activity.
            (3) Duties of heads of covered federal agencies.--
                    (A) In general.--In carrying out an environmental 
                innovation research program established under this 
                subsection, the head of each covered Federal agency 
                shall, in accordance with the requirements of this 
                subsection--
                            (i) determine categories of projects to be 
                        included in the environmental innovation 
                        research program;
                            (ii) issue environmental innovation 
                        research solicitations;
                            (iii) receive and evaluate proposals 
                        resulting from environmental innovation 
                        research proposals;
                            (iv) select awardees for the environmental 
                        innovation research funding agreements of the 
                        covered Federal agency;
                            (v) administer the environmental innovation 
                        research funding agreements of the covered 
                        agency (or delegate the administration to 
                        another agency); and
                            (vi) make payments to recipients of 
                        environmental innovation research funding 
                        agreements on the basis of progress toward or 
                        completion of the funding agreement 
                        requirements.
                    (B) Cooperative agreements with other federal 
                agencies.--The head of each covered Federal agency may 
                enter into a cooperative agreement with the head of 
                another Federal agency for the provision of technical 
                assistance and other appropriate assistance to the 
                business concern conducting an approved project.
            (4) Phases of environmental innovation research program.--
                    (A) In general.--The head of each covered agency 
                shall carry out an environmental innovation research 
                program consisting of the following three phases:
                            (i) A first phase (with respect to which 
                        the head of the covered Federal agency may 
                        enter into funding agreements with private 
                        business concerns, each of which shall be in an 
                        amount not to exceed $100,000) for determining, 
                        to the extent practicable, the scientific and 
                        technical merit and feasibility of ideas 
                        submitted pursuant to environmental innovation 
                        research program solicitations that appear to 
                        have commercial potential.
                            (ii) A second phase (with respect to which 
                        the head of the covered Federal agency may 
                        enter into funding agreements with private 
                        business concerns, each of which shall be in an 
                        amount not to exceed $750,000) to further 
                        develop proposals that meet particular program 
                        needs, and with respect to which awards shall 
                        be made on the basis of the scientific and 
                        technical merit and feasibility of each 
                        proposal, as determined by the first phase (as 
                        described in clause (i)). The head of the 
                        covered Federal agency shall take into 
                        consideration, along with other attributes of 
                        each proposal, the commercial potential of each 
                        proposal, as evidenced by--
                                    (I) the record of the private 
                                business concern of successfully 
                                commercializing environmental 
                                innovation research or other research;
                                    (II) the existence of funding 
                                commitments from private sector or 
                                nonenvironmental innovation research 
                                funding sources to fund the second 
                                phase;
                                    (III) the existence of follow-on 
                                commitments for the third phase carried 
                                out under clause (iii) for research 
                                conducted pursuant to this clause; and
                                    (IV) the presence of other 
                                indicators of the commercial potential 
                                of the proposal.
                            (iii) If appropriate, a third phase, with 
                        respect to which the head of the covered 
                        Federal agency may provide assistance or enter 
                        into funding agreements with private business 
                        concerns--
                                    (I) that--
                                            (aa) have performed 
                                        commercial applications 
                                        research funded under an 
                                        environmental innovative 
                                        research program or research 
                                        and development program; and
                                            (bb) are partially funded 
                                        by non-Federal sources of 
                                        capital;
                                    (II) for products or services 
                                intended for use by the Federal 
                                Government, by federally-funded follow-
                                on research and development that is not 
                                funded under an environmental 
                                innovation research program under this 
                                Act; or
                                    (III) for which awards from Federal 
                                sources other than funding for 
                                environmental innovation research under 
                                this Act are used for the continuation 
                                of research or research and development 
                                that has been competitively selected 
                                using peer review or scientific review 
                                criteria.
                    (B) Other assistance.--With respect to the 
                assistance provided pursuant to subparagraph (A)(iii), 
                the covered Federal agency may, in addition to 
                providing other assistance, assist the private business 
                concern in pursuing funding or procurement from other 
                Federal research and development or cleanup programs.

SEC. 6. ANNOTATED LIST OF CRITICAL ENVIRONMENTAL TECHNOLOGIES.

    The Director, in consultation with the members of the Task Force 
established under section 7, shall compile an annotated list of 
critical environmental technologies and provide for the periodic 
updating of the list. The annotations to the list shall include, with 
respect to each listed technology--
            (1) a statement by the Director and each member of the Task 
        Force who represents the interests of a Federal agency 
        concerning the listed technology that would be useful to the 
        Federal agency that the member represents for carrying out 
        environmental cleanup or research and development programs of 
        the agency; and
            (2) descriptions from appropriate representatives of 
        private business concerns concerning existing research 
        activities related to the listed technology, and other research 
        that could be conducted to develop the technology for both 
        domestic and international markets.

SEC. 7. CRITICAL ENVIRONMENTAL TECHNOLOGY TASK FORCE.

    (a) In General.--The Administrator shall establish a task force to 
be known as the ``Critical Environmental Technology Task Force''. The 
Task Force shall consist of the following members to be appointed by 
the Administrator:
            (1) The Deputy Assistant Secretary of Defense for 
        Environment, and an Assistant Secretary responsible for 
        environmental quality, science, or technology research and 
        development (as determined by the Secretary of Defense) from 
        each of the following departments:
                    (A) The Department of the Army.
                    (B) The Department of the Navy.
                    (C) The Department of the Air Force.
            (2) The Assistant Secretary for Conservation and Renewable 
        Energy of the Department of Energy, or the designee of the 
        Assistant Secretary.
            (3) The Director of the National Institute of Standards and 
        Technology, or the designee of the Director.
            (4) The Administrator, or the designee of the 
        Administrator.
            (5) The Director.
            (6) Five individuals representing private industry, 
        appointed by the Administrator--(A) at least one member shall 
        be a representative of a leading consortium of an advanced 
        manufacturing and technology firm. (B) at least one member 
        shall be a representative of small business concerns.
            (7) The head of each environmental innovation research 
        program carried out by a covered Federal agency who is not 
        among those individuals described in paragraphs (1) through 
        (6).
    (b) Chairperson.--The Director shall serve as the chairperson of 
the Task Force.
    (c) Activities.--The Task Force shall--
            (1) assist the Director in ensuring the effective 
        implementation of the proposed environmental innovation 
        research of covered Federal agencies;
            (2) oversee the coordination and development of the 
        collection and distribution of critical environmental 
        technology and data associated with the technology;
            (3) review research proposals submitted to the 
        Administrator and the heads of covered Federal agencies for 
        environmental innovation research projects;
            (4) on the basis of the reviews referred to in paragraph 
        (3), make recommendations to the Administrator and the Director 
        and the head of each covered Federal agency regarding the 
        merits of the distribution of funds under proposed funding 
        agreements to fund proposed projects under the programs 
        established under this Act;
            (5) ensure complementary research efforts and avoid 
        duplicative research efforts under this Act; and
            (6) promote the effective dissemination of research 
        information and results among Federal agencies and the private 
        sector, as appropriate.

SEC. 8. REPORTS TO THE DIRECTOR.

    (a) In General.--On an annual basis, the head of each covered 
Federal agency shall submit to the Director a report that includes:
            (1) A listing of funding agreements under the environmental 
        innovation technology program of the agency that provide for 
        funding in an amount greater than or equal to $10,000.
            (2) The aggregate amount of assistance under the funding 
        agreements described in paragraph (1).
            (3) A comparison of the number of funding agreements and 
        aggregate amount of funding under agreements described in 
        paragraph (1) made with private business concerns that are 
        environmental technology concerns (as defined by the 
        Administrator) with the number of funding agreements and 
        aggregate amount of funding agreements made with other private 
        business concerns.
            (4) The percentage of successful commercialization efforts 
        in critical environmental technology resulting from the 
        environmental innovation technology program.
    (b) Coordination of Reports.--In the reports required under section 
10, the Director shall include a summary of results delineated in the 
reports submitted under subsection (a).

SEC. 9. GUIDELINES AND REGULATIONS.

    The Administrator shall, not later than 120 days after the date of 
enactment of this Act, promulgate guidelines for environmental 
innovation research programs conducted by the Administrator and other 
covered Federal agencies under this Act. The head of each covered 
Federal agency shall, on the basis of the guidelines, promulgate such 
regulations as are necessary to ensure that the environmental 
innovation research program of the covered agency meets the 
requirements of the guidelines. The guidelines promulgated by the 
Administrator under this section shall provide for--
            (1) simplified, standardized, and timely solicitations of 
        project proposals;
            (2) a simplified, standardized funding process that 
        provides for--
                    (A) the timely receipt and review of proposals;
                    (B) at a minimum, outside peer review for project 
                proposals under the phase described in section 
                5(b)(4)(A)(ii), in any case in which the review is 
                appropriate;
                    (C) the protection of proprietary information 
                provided in project proposals;
                    (D) the selection of environmental innovation 
                research projects;
                    (E) the retention of rights by the private business 
                concern in data generated in the performance of a 
                contract by the private business concern under the 
                environmental innovation research project;
                    (F) to the extent allowable by law, the transfer of 
                title to property provided by a Federal agency to the 
                private business concern conducting an environmental 
                innovation research project, if the transfer would be 
                more cost effective than recovery of the property by 
                the Federal agency;
                    (G) cost sharing; and
                    (H) cost principles and payment schedules;
            (3) exemptions from the requirements of paragraph (2) in 
        any case where national security or intelligence functions 
        would be jeopardized; and
            (4) minimizing the regulatory burden of each private 
        business concern that participates in an environmental 
        innovation research project in order to improve the cost-
        effectiveness of the critical environmental technology research 
        and development conducted under the program.

SEC. 10. MONITORING AND REPORT.

    To the extent allowable by law, the Administrator shall--
            (1) independently survey and monitor all phases of the 
        implementation and operation of the environmental innovation 
        research program of each covered agency (including compliance 
        with requirements relating to the expenditures of funds); and
            (2) not less frequently than annually, and at such other 
        times as the Administrator, in consultation with the Director, 
        considers to be appropriate, submit a report to the Committee 
        on Environment and Public Works of the Senate and the Committee 
        on Science, Space, and Technology of the House of 
        Representatives that includes--
                    (A) information concerning--
                            (i) each phase of the implementation and 
                        operation of the environmental innovation 
                        technology research programs administered by 
                        the Administrator and the heads of covered 
                        Federal agencies under this Act; and
                            (ii) other related activities of the 
                        Administrator; and
                    (B) such recommendations for program improvements 
                as the Administrator, in consultation with the 
                Director, considers to be appropriate.

SEC. 11. REPORT BY THE COMPTROLLER GENERAL.

    The Comptroller General of the United States shall, not later than 
5 years after the date of enactment of this Act, transmit a report 
concerning the implementation of the programs established under this 
Act, including a description of the research conducted under the 
programs, to the Committee on Environment and Public Works of the 
Senate and the Committee on Science, Space, and Technology of the House 
of Representatives.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                                 <all>

S 405 IS----2