Home > 106th Congressional Bills > S. 397 (is) To authorize the Secretary of Energy to establish a multiagency program [Introduced in Senate] ...S. 397 (is) To authorize the Secretary of Energy to establish a multiagency program [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 397
_______________________________________________________________________
AN ACT
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.
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 ``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
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
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