[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2791-S2792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          NATIONAL MATERIALS CORRIDOR PARTNERSHIP ACT OF 1999

  The Senate proceeded to consider the bill (S. 397) to authorize the 
Secretary of Energy to establish a multiagency program in support of 
the Materials Corridor Partnership Initiative to promote energy 
efficient, environmentally sound economic development along the border 
with Mexico through the research, development, and use of new materials 
technology, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and inserting in lieu there of the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Materials Corridor 
     and United States-Mexico Border Technology Partnership Act of 
     2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the 2,000 mile long United States-Mexico border region, 
     extending 100 kilometers north and south of the international 
     boundary, has undergone rapid economic growth that has 
     provided economic opportunity to millions of people;
       (2) the border region's rapid economic growth has 
     unfortunately created serious problems including pollution, 
     hazardous wastes, and the inefficient use of resources that 
     threaten people's health and the prospects for long-term 
     economic growth in the region;
       (3) there are a significant number of major institutions in 
     the border States of both countries currently conducting 
     research, development and testing activities in technologies 
     that might help alleviate these problems;
       (4)(A) these new technologies may provide major 
     opportunities for significantly--
       (i) minimizing industrial wastes and pollution that may 
     pose a threat to public health;
       (ii) reducing emissions of atmospheric pollutants;
       (iii) using recycled natural resources as primary materials 
     for industrial production; and
       (iv) improving energy efficiency; and
       (B) such advances will directly benefit both sides of the 
     United States-Mexico border by encouraging energy efficient, 
     environmentally sound economic development that improves the 
     health and protects the natural resources of the border 
     region;
       (5) in August 1998, the binational United States-Mexico 
     Border Region Hazardous Wastes Forum, organized by the 
     Department of Energy's Carlsbad Area Office, resulted in a 
     consensus of experts from the United States and Mexico that 
     the Department of Energy's science and technology could be 
     leveraged to address key environmental issues in the border 
     region while fostering further economic development of the 
     border region;
       (6) the Carlsbad Area Office, which manages the Waste 
     Isolation Pilot Plant in Carlsbad, New Mexico, is well suited 
     to lead a multiagency program focused on the problems of the 
     border region given its significant expertise in hazardous 
     materials and location near the border;
       (7)(A) promoting clean materials industries in the border 
     region that are energy efficient has been identified as a 
     high priority issue by the United States-Mexico Foundation 
     for Science Cooperation; and
       (B) at the 1998 discussions of the United States-Mexico 
     Binational Commission, Mexico formally proposed joint funding 
     of a ``Materials Corridor Partnership Initiative'', proposing 
     $1,000,000 to implement the Initiative if matched by the 
     United States;
       (8) recognizing the importance of materials processing, 
     research institutions in the border States of both the United 
     States and Mexico, in conjunction with private sector 
     partners of both nations, and with strong endorsement from 
     the Government of Mexico, in 1998 organized the Materials 
     Corridor Council to implement a cooperative program of 
     materials research and development, education and 
     training, and sustainable industrial development as part 
     of the Materials Corridor Partnership Initiative; and
       (9) successful implementation of this Act would advance 
     important United States energy, environmental, and economic 
     goals not only in the United States-Mexico border region but 
     also serve as a model for similar collaborative, 
     transnational initiatives in other regions of the world.

     SEC. 3. PURPOSE.

       The purpose of this Act is to establish a multiagency 
     program to--
       (1) alleviate the problems caused by rapid economic 
     development along the United States-Mexico border;
       (2) support the Materials Corridor Partnership Initiative 
     referred to in section 2(7); and
       (3) promote energy efficient, environmentally sound 
     economic development along that border through the 
     development and use of new technologies, particularly 
     hazardous waste and materials technologies.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Program.--The term ``program'' means the program 
     established under section 5(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a 
     multiagency program to--
       (A) alleviate the problems caused by rapid economic 
     development along the United States-Mexico border, 
     particularly those associated with public health and 
     environmental security;
       (B) support the Materials Corridor Partnership Initiative; 
     and
       (C) promote energy efficient, environmentally sound 
     economic development along that border through the 
     development and use of new technologies, particularly 
     hazardous waste and materials technologies.
       (2) Considerations.--In developing the program, the 
     Secretary shall give due consideration to the proposal made 
     to the United States-Mexico Binational Commission for the 
     Materials Corridor Partnership Initiative.
       (3) Program management.--This program shall be managed for 
     the Secretary by the Department's Carlsbad Area Office, with 
     support, as necessary, from the Albuquerque Operations 
     Office.
       (b) Participation of Other Federal Agencies and 
     Commissions.--The Secretary shall organize and conduct the 
     program jointly with--
       (1) the Department of State;
       (2) the Environmental Protection Agency;
       (3) the National Science Foundation;
       (4) the National Institute of Standards and Technology;
       (5) the United States-Mexico Border Health Commission; and
       (6) any other departments, agencies, or commissions the 
     participation of which the Secretary considers appropriate.
       (c) Participation of the Private Sector.--When appropriate, 
     funds made available under this act shall be made available 
     for technology deployment, research, and training activities 
     that are conducted with the participation and support of 
     private sector organizations located in the United States 
     and, subject to section 7(c)(2), Mexico, to promote and 
     accelerate in the United States-Mexico border region the use 
     of energy efficient, environmentally sound technologies and 
     other advances resulting from the program.
       (d) Mexican Resource Contributions.--The Secretary shall--
       (1) encourage public, private, nonprofit, and academic 
     organizations located in Mexico to contribute significant 
     financial and other resources to the program; and
       (2) take any such contributions into account in conducting 
     the program.
       (e) Transfer of Technology From National Laboratories.--In 
     conducting the program, the Secretary shall emphasize the 
     transfer and use of technology developed by the national 
     laboratories of the Department of Energy.

     SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS.

       (a) Activities.--Funds made available under this Act shall 
     be made available for technology deployment, research, and 
     training activities, particularly related to hazardous waste 
     and materials technologies, that will alleviate the problems 
     caused by rapid economic development

[[Page S2792]]

     along the United States-Mexico border, that focus on issues 
     related to the protection of public health and environmental 
     security, and that promote--
       (1) minimization of industrial wastes and pollutants;
       (2) reducing emissions of atmospheric pollutants;
       (3) use of recycled resources as primary materials for 
     industrial production; and
       (4) improvement of energy efficiency.
       (b) Major Program Elements.--
       (1) In general.--The program shall have the following major 
     elements, all of which shall emphasize hazardous waste and 
     materials technologies:
       (A) Technology Deployment, focused on the clear, 
     operational demonstration of the utility of well developed 
     technologies in new organizations or settings.
       (B) Research, focused on developing, maturing, and refining 
     technologies to investigate or improve the feasibility or 
     utility of the technologies.
       (C) Training, focused on training businesses, industries, 
     and their workers in the border region in energy efficient, 
     environmentally sound technologies that minimize waste, 
     decrease public health risks, increase recycling, and improve 
     environmental security.
       (2) Technology deployment and research.--Projects under 
     paragraph (1)(A) and (1)(B) should typically involve 
     significant participation from private sector organizations 
     that would use or sell such a technology.

     SEC. 7. PARTICIPATION OF DEPARTMENTS, AGENCIES, AND 
                   COMMISSIONS OTHER THAN THE DEPARTMENT OF 
                   ENERGY.

       (a) Agreement.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall enter into an 
     agreement with the departments, agencies, and commissions 
     referred to in section 5(b) on the coordination and 
     implementation of the program.
       (b) Actions of Departments, Agencies, and Commissions.--Any 
     action of a department, agency, or commission under an 
     agreement under subsection (a) shall be the responsibility of 
     that department, agency, or commission and shall not be 
     subject to approval by the Secretary.
       (c) Use of Funds.--
       (1) In general.--The Secretary and the departments, 
     agencies, and commissions referred to in section 5(b) may use 
     funds made available for the program for technology 
     deployment, research, or training activities carried out by--
       (A) State and local governments and academic, nonprofit, 
     and private organizations located in the United States; and
       (B) State and local governments and academic, nonprofit, 
     and private organizations located in Mexico.
       (2) Condition.--Funds may be made available to a State or 
     local government or organization located in Mexico only if a 
     government or organization located in Mexico (which need not 
     be the recipient of the funds) contributes a significant 
     amount of financial or other resources to the project to be 
     funded.
       (d) Transfer of Funds.--The Secretary may transfer funds to 
     the departments, agencies, and commissions referred to in 
     section 5(b) to carry out the responsibilities of the 
     departments, agencies, and commissions under this Act.

     SEC. 8. PROGRAM ADVISORY COMMITTEE.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish an advisory 
     committee consisting of representatives of the private, 
     academic, and public sectors.
       (2) Considerations.--In establishing the advisory 
     committee, the Secretary shall take into consideration 
     organizations in existence on the date of enactment of this 
     Act, such as the Materials Corridor Council and the Business 
     Council for Sustainable Development-Gulf Mexico.
       (b) Consultation and Coordination.--Departments, agencies, 
     and commissions of the United States to which funds are made 
     available under this Act shall consult and coordinate with 
     the advisory committee in identifying and implementing the 
     appropriate types of projects to be funded under this Act.

     SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE.

       (a) In General.--Federal departments, agencies, and 
     commissions participating in the program may provide 
     financial and technical assistance to other organizations to 
     achieve the purpose of the program.
       (b) Technology Deployment and Research.--
       (1) Use of cooperative agreements.--
       (A) In general.--Federal departments, agencies, and 
     commissions shall, to the extent practicable, use cooperative 
     agreements to fund technology deployment and research 
     activities by organizations outside the Federal Government.
       (B) National laboratories.--In the case of a technology 
     deployment or research activity conducted by a national 
     laboratory, a funding method other than a cooperative 
     agreement may be used if such a funding method would be more 
     administratively convenient.
       (2) Federal share.--
       (A) In general.--The Federal Government shall pay not more 
     than 50 percent of the cost of technology deployment or 
     research activities under the program.
       (B) Qualified funding and resources.--No funds or other 
     resources expended either before the start of a project under 
     the program or outside the scope of work covered by the 
     funding method determined under paragraph (1) shall be 
     credited toward the non-Federal share of the cost of the 
     project.
       (c) Training.--
       (1) In general.--Federal departments, agencies, and 
     commissions shall, to the extent practicable, use grants to 
     fund training activities by organizations outside the Federal 
     Government.
       (2) National laboratories.--In the case of a training 
     activity conducted by a national laboratory, a funding method 
     other than a grant may be used if such a funding method would 
     be more administratively convenient.
       (3) Federal share.--The Federal Government may fund 100 
     percent of the cost of the training activities of the 
     program.
       (d) Selection.--All projects funded under contracts, 
     grants, or cooperative agreements established under this 
     program shall, to the maximum extent practicable, be selected 
     in an open, competitive process using such selection criteria 
     as the Secretary, through his program management, and in 
     consultation with the departments, agencies, and commissions 
     referred to in section 5(b), determines to be appropriate. 
     Any such selection process shall weigh the benefits to the 
     border region.
       (e) Accounting Standards.--
       (1) Waiver.--To facilitate participation in the program, 
     Federal departments, agencies, and commissions may waive any 
     requirements for Government accounting standards by 
     organizations that have not established such standards.
       (2) GAAP.--Generally accepted accounting principles shall 
     be sufficient for projects under the program.
       (f) No Construction.--No program funds may be used for 
     construction.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $10,000,000 for each of fiscal years 2000 through 2004.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 397), as amended, was passed.
  The title was amended so as to read:

       To authorize the Secretary of Energy to establish a 
     multiagency program to alleviate the problems caused by rapid 
     economic development along the United States-Mexico border, 
     particularly those associated with public health and 
     environmental security, to support the Materials Corridor 
     Partnership Initiative, and to promote energy efficient, 
     environmentally sound economic development along that border 
     through the development and use of new technology, 
     particularly hazardous waste and materials technology.

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