H. Rept. 116-312 - SUSTAINABLE CHEMISTRY RESEARCH AND DEVELOPMENT ACT OF 2019116th Congress (2019-2020)
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116th Congress } { Rept. 116-312 HOUSE OF REPRESENTATIVES 1st Session } { Part 1 ====================================================================== SUSTAINABLE CHEMISTRY RESEARCH AND DEVELOPMENT ACT OF 2019 _______ November 26, 2019.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Ms. Johnson of Texas, from the Committee on Science, Space, and Technology, submitted the following R E P O R T [To accompany H.R. 2051] [Including cost estimate of the Congressional Budget Office] The Committee on Science, Space, and Technology, to whom was referred the bill (H.R. 2051) to provide for Federal coordination of activities supporting sustainable chemistry, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. CONTENTS Page I. Amendment.......................................................2 II. Purpose of the Bill.............................................5 III. Background and Need for the Legislation.........................5 IV. Committee Hearings..............................................6 V. Committee Consideration and Votes...............................6 VI. Summary of Major Provisions of the Bill.........................7 VII. Section-By-Section Analysis (By Title and Section).............7 VIII.Committee Views.................................................8 IX. Cost Estimate...................................................8 X. Congressional Budget Office Cost Estimate.......................9 XI. Compliance with Public Law 104-4 (Unfunded Mandates)...........10 XII. Committee Oversight Findings and Recommendations...............10 XIII. Statement on General Performance Goals and Objectives.........10 XIV. Federal Advisory Committee Statement...........................10 XV. Duplication of Federal Programs................................10 XVI. Earmark Identification.........................................10 XVII.Applicability to the Legislative Branch........................10 XVIII.Statement on Preemption of State, Local, or Tribal Law.........10 XIX. Changes in Existing Law Made by the Bill, As Reported..........10 XX. Exchange of Committee Correspondence...........................11 XXI. Proceedings of Full Committee Markup...........................13 I. Amendment The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Chemistry Research and Development Act of 2019''. SEC. 2. FINDINGS. Congress finds that-- (1) Congress recognized the importance and value of sustainable chemistry and the role of the Federal Government in section 114 of the American Innovation and Competitiveness Act (Public Law 114-329); (2) sustainable chemistry and materials transformation is a key value contributor to business competitiveness across many industrial and consumer sectors; (3) companies across hundreds of supply chains critical to the American economy are seeking to reduce costs and open new markets through innovations in manufacturing and materials, and are in need of new innovations in chemistry, including sustainable chemistry; (4) sustainable chemistry can improve the efficiency with which natural resources are used to meet human needs for chemical products while avoiding environmental harm, reduce or eliminate the emissions of and exposures to hazardous substances, minimize the use of resources, and benefit the economy, people, and the environment; and (5) a recent report by the Government Accountability Office (GAO-18-307) found that the Federal Government could play an important role in helping realize the full innovation and market potential of sustainable chemistry technologies, including through a coordinated national effort on sustainable chemistry and standardized tools and definitions to support sustainable chemistry research, development, demonstration, and commercialization. SEC. 3. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this Act as the ``Entity'') under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including those described in sections 5 and 6. (b) Coordination With Existing Groups.--In convening the Entity, the Director of the Office of Science and Technology Policy shall consider overlap and possible coordination with existing committees, subcommittees, or other groups of the National Science and Technology Council, such as-- (1) the Committee on Environment; (2) the Committee on Technology; (3) the Committee on Science; or (4) related groups or subcommittees. (c) Co-chairs.--The Entity shall be co-chaired by the Office of Science and Technology Policy and a representative from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy. (d) Agency Participation.--The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, the Department of Energy, the Department of Agriculture, the Department of Defense, the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate. (e) Termination.--The Entity shall terminate on the date that is 10 years after the date of enactment of this Act. SEC. 4. ROADMAP FOR SUSTAINABLE CHEMISTRY. (a) Roadmap.--Not later than 2 years after the date of enactment of this Act, the Entity shall-- (1) consult with relevant stakeholders including representatives from industry, academia, the Federal Government, and international entities to develop and update as needed a consensus definition of ``sustainable chemistry'' to guide the activities under this Act; (2) develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry, as described in subsection (b); (3) assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this Act can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation; (4) coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate; (5) identify methods by which the Federal agencies can facilitate the development of incentives for development, consideration and use of sustainable chemistry processes and products, including innovative financing mechanisms; (6) identify major scientific challenges, roadblocks, or hurdles to transformational progress in improving the sustainability of the chemical sciences; and (7) identify other opportunities for expanding Federal efforts in support of sustainable chemistry. (b) Characterizing and Assessing Sustainable Chemistry.--The Entity shall develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry for the purposes of carrying out the Act. In developing this framework, the Entity shall-- (1) seek advice and input from stakeholders as described in subsection (c); (2) consider existing definitions of or frameworks characterizing and metrics for assessing sustainable chemistry already in use at Federal agencies; (3) consider existing definitions of or frameworks characterizing and metrics for assessing sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and (4) consider any other appropriate existing definitions of or frameworks characterizing and metrics for assessing sustainable chemistry. (c) Consultation.--In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, and other mechanisms as necessary. The stakeholders shall include representatives from-- (1) business and industry (including trade associations and small- and medium-sized enterprises from across the value chain); (2) the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, and academia); (3) the defense community; (4) State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate; (5) nongovernmental organizations; and (6) other appropriate organizations. (d) Report to Congress.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include-- (A) a summary of federally funded, sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities; (B) a summary of the financial resources allocated to sustainable chemistry initiatives; (C) an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it; (D) an analysis of the progress made toward achieving the goals and priorities of this Act, and recommendations for future program activities; (E) an assessment of the benefits of expanding existing, federally supported, regional innovation and manufacturing hubs, centers, and institutes to include sustainable chemistry and the value of directing the creation of 1 or more dedicated sustainable chemistry centers of excellence, hubs, or institutes; and (F) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies. (2) Submission to gao.--The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries. SEC. 5. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY. (a) In General.--The agencies participating in the Entity shall carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency. (b) Activities.--The activities described in subsection (a) shall-- (1) incorporate sustainable chemistry into existing research, development, demonstration, technology transfer, commercialization, education, and training programs, that the agency determines to be relevant, including consideration of-- (A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, early career investigators for research and development; (B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations; (C) coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies; (D) incentive prize competitions and challenges in coordination with such existing Federal agency programs; and (E) grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products; (2) collect and disseminate information on sustainable chemistry research, development, technology transfer, and commercialization, including information on accomplishments and best practices; (3) raise awareness of sustainable chemistry concepts through public outreach activities; (4) expand the education and training of students at all levels of education, professional scientists and engineers, and other professionals involved in all aspects of sustainable chemistry and engineering appropriate to that level of education and training, including through-- (A) partnerships with industry as described in section 6; (B) support for the integration of sustainable chemistry principles into elementary, secondary, undergraduate, and graduate chemistry and chemical engineering curriculum and research training, as appropriate to that level of education and training; and (C) support for integration of sustainable chemistry principles into existing or new professional development opportunities for professionals including teachers, faculty, and individuals involved in laboratory research, (product development, materials specification and testing, life cycle analysis, and management); (5) as relevant to an agency's programs, examine methods by which the Federal agencies, in collaboration and consultation with the National Institute of Standards and Technology, may facilitate the development or recognition of validated, standardized tools for performing sustainability assessments of chemistry processes or products; (6) through programs identified by an agency, support (including through technical assistance, participation, financial support, communications tools, awards, or other forms of support) outreach and dissemination of sustainable chemistry advances such as non-Federal symposia, forums, conferences, and publications in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups; (7) provide for public input and outreach to be integrated into the activities described in this section by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate; (8) within each agency, develop metrics to track the outputs and outcomes of the programs supported by that agency; and (9) incentivize or recognize actions that advance sustainable chemistry products, processes, or initiatives, including through the establishment of a nationally recognized awards program through the Environmental Protection Agency to identify, publicize, and celebrate innovations in sustainable chemistry and chemical technologies. (c) Limitations.--Financial support provided under this section shall-- (1) be available only for pre-competitive activities; and (2) not be used to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology. (d) Agency Budget Report.--For each of fiscal years 2021 through 2030, not later than 90 days after submission of the President's annual budget request, the Entity shall prepare and submit to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives a report that includes a summarized agency budget in support of the activities under this Act for the fiscal year to which such budget request applies, and for the then current fiscal year, including a breakout of spending for each agency participating in such activities. SEC. 6. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. (a) In General.--The agencies participating in the Entity may facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher education, nongovernmental organizations, consortia, or companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to-- (1) create collaborative sustainable chemistry research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists, engineers, and others involved in materials specification on the use of sustainable chemistry concepts and strategies by methods, including-- (A) developing or recognizing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists, engineers, and others involved in materials specification; and (B) publicizing the availability of professional development courses in sustainable chemistry and recruiting professionals to pursue such courses. (b) Private Sector Participation.--To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization. (c) Selection of Partnerships.--In selecting partnerships for support under this section, the agencies participating in the Entity shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment to, the goals outlined in the roadmap and report described in section 4. (d) Prohibited Use of Funds.--Financial support provided under this section may not be used-- (1) to support or expand a regulatory chemical management program at an implementing agency under a State law; (2) to construct or renovate a building or structure; or (3) to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology. SEC. 7. PRIORITIZATION. In carrying out this Act, the Entity shall focus its support for sustainable chemistry activities on those that achieve, to the highest extent practicable, the goals outlined in the Act. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to alter or amend any State law or action with regard to sustainable chemistry, as defined by the State. II. Purpose of the Bill The purpose of the bill is to provide for Federal coordination of activities supporting sustainable chemistry. III. Background and Need for the Legislation The chemical industry is one of the largest manufacturing industries in the United States. Using raw materials, chemical companies manufacture a myriad of chemical products including acids, fibers, dyes, solvents, synthetic rubber, and plastics. With increasing global competition, innovation is crucial for companies to satisfy increasingly sophisticated and environmentally-conscientious consumers. Sustainable chemistry has the goal of allowing society to meet current environmental, human health, economic, and societal needs without compromising the health and safety of future generations. Rather than focusing on cleanup and control of waste and hazardous materials, sustainable chemistry emphasizes redesigning industrial products and processes to reduce or eliminate hazards at their source by reducing toxicity, quantities of waste, and energy consumption. Progress in the widespread adoption of sustainable chemistry principles has been slow. Key challenges include (1) Lack of research and technology development; (2) Industrial integration barriers; (3) Up-front investments required; (4) Lack of coordination across the Federal government; (4) Lack of consensus regarding how sustainability should be measured and assessed; (5) Need for improved sustainable chemistry education. The Sustainable Chemistry Research and Development Act of 2019 establishes an interagency entity led by the Office of Science and Technology Policy. The entity is charged with coordinating Federal programs and activities in support of sustainable chemistry and developing a roadmap for sustainable chemistry, including a framework of attributes characterizing sustainable chemistry and assessing the state of sustainable chemistry in the United States. The entity is also directed to identify methods by which Federal agencies can incentivize sustainable chemistry activities, challenges to sustainable chemistry progress, and opportunities for expanding Federal sustainable chemistry efforts. IV. Committee Hearings On July 25, 2019 the Subcommittee on Research and Technology held a hearing to assess the challenges and opportunities for expanding the use of sustainable chemicals, production processes, and stewardship practices throughout the chemical science and engineering enterprise. The Committee examined the research, technologies, and strategies that are needed to support the adoption of sustainable chemistry innovations. The Committee also received testimony on the Sustainable Chemistry Research and Development Act of 2019. The witnesses were supportive of the legislation and made recommendations for how to improve it. V. Committee Consideration and Votes On April 3, 2019, Representative Daniel Lipinski and Representative John Moolenaar introduce H.R. 2051, the Sustainable Chemistry Research and Development Act of 2019. The bill was referred to the House Committee on Science, Space, and Technology and the House Committee on the Budget. On October 17, 2019, the Committee on Science, Space, and Technology met to consider H.R. 2051. Representative Lipinski offered an amendment in the nature of a substitute to incorporate stakeholder feedback. The amendment incorporated direction to the interagency entity to develop a consensus definition of the term ``sustainable chemistry'' and a framework of metrics for assessing sustainable chemistry to guide the activities under the Act. It also provided guidance on agency activities to promote the incorporation of sustainable chemistry in their public outreach and chemistry education activities. Finally, the amendment added a provision to terminate the interagency entity and the budget reporting requirement 10 years after the date of enactment. The amendment was agreed to on a voice vote. Chairwoman Eddie Bernice Johnson moved that the Committee favorably report the bill, H.R. 2051, to the House with the recommendation that the bill be approved. The motion was agreed to by a voice vote. VI. Summary of Major Provisions of the Bill H.R. 2051 directs the Director of OSTP to convene an interagency entity under the National Science and Technology Council to coordinate Federal agency programs and activities in support of sustainable chemistry. The Act directs the interagency entity to consult with stakeholders to develop a roadmap to guide the activities under the Act, including a consensus definition of ``sustainable chemistry'', an assessment of the state of sustainable chemistry in the United States, and coordination of Federal activities in sustainable chemistry. The Act provides guidance for agency activities in support of sustainable chemistry, including incorporating sustainable chemistry into existing programs, incorporating sustainable chemistry into public outreach and chemistry education activities, and incentivizing actions that advance sustainable chemistry products, processes, or initiatives. The Act prohibits agencies from supporting or expanding regulatory programs and from promoting the sale of or disparaging a specific product, process, or technology under the Act. VII. Section-by-Section Analysis (By Title and Section) Section 1. Short title The Sustainable Chemistry Research and Development Act of 2019 Section 2. Findings Highlights the importance of sustainable chemistry and outlines the Federal government's role in supporting sustainable chemistry research, development, demonstration, and commercialization. Section 3. National coordinating entity for sustainable chemistry Directs the Office of Science and Technology Policy to create an interagency entity to coordinate Federal programs and activities in support of sustainable chemistry. Section 4: Roadmap for sustainable chemistry Directs the interagency entity to consult with stakeholders to develop a framework for describing and assessing sustainable chemistry and to expand and coordinate Federal agency activities in support of sustainable chemistry. This section also directs the interagency entity to submit a report to Congress that summarizes existing Federal agency activities, including financial resources allocated; makes recommendations for future activities; and provides an evaluation of current or future actions to avoid duplicative programs and streamline interagency cooperation. Section 5: Agency activities in support of sustainable chemistry Authorizes participating agencies to incorporate sustainable chemistry into their existing research, development, technology transfer, commercialization, education, and training activities. This section also directs participating agencies to submit an annual report to the Office of Management and Budget outlining the activities and funding allocated under the Act. Support authorized under this section shall only be used for precompetitive activities and shall not be used to promote or disparage the sale of a specific product. Section 6: Partnerships in sustainable chemistry Authorizes public-private partnerships for collaborative research and development, technology transfer, and training in sustainable chemistry. Eligible partnerships supported under this section must include at least one private sector organization. Support authorized under this section may not be used for regulatory chemical management programs, building construction, or to promote or disparage the sale of a specific product. Section 7: Prioritization Directs agencies to prioritize support within relevant programs for activities that achieve the goals outlined in the Act. Section 8: Rule of Construction Mandates that this Act will not supersede any State law or action regarding sustainable chemistry. VIII. Committee Views The intent of the Committee is that, for the purposes of this Act, participating Federal agencies integrate sustainable chemistry principles and practices into existing research, development, demonstration, commercialization, education, and public outreach programs and activities and, where appropriate, expand or create new opportunities for funding to support such activities. IX. Cost Estimate Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. X. Congressional Budget Office Cost Estimate U.S. Congress, Congressional Budget Office, Washington, DC, November 15, 2019. Hon. Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology, House of Representatives, Washington, DC. Dear Madam Chairwoman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2051, the Sustainable Chemistry Research and Development Act of 2019. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Janani Shankaran. Sincerely, Mark P. Hadley (For Phillip L. Swagel, Director). Enclosure. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] H.R. 2051 would direct the Office of Science and Technology Policy (OSTP) to establish an interagency entity--with representation from at least nine federal agencies--to coordinate federal programs and activities in sustainable chemistry. The bill would require the entity to consult with stakeholders, develop metrics to assess sustainable chemistry, and report to the Congress on related initiatives and priorities. Participating agencies also would be required to incorporate sustainable chemistry into existing programs for research and development, demonstration, technology transfer, commercialization, and education and training. Using information from the Government Accountability Office, CBO expects that many agencies are already conducting activities similar to those required under the bill.\1\ On that basis, and using information from OSTP and several of the affected agencies, CBO estimates that each of the nine agencies and OSTP would require, on average, two additional employees at an average annual cost of $150,000 each to manage and participate in the interagency entity. CBO estimates that implementing the bill would cost $2 million in 2020 and $14 million over the 2020-2024 period; such spending would be subject to the availability of appropriated funds. --------------------------------------------------------------------------- \1\See Government Accountability Office, Chemical Innovation: Technologies to Make Processes and Products More Sustainable, GAO-18- 307 (February 2018), www.gao.gov/products/GAO-18-307. --------------------------------------------------------------------------- The CBO staff contact for this estimate is Janani Shankaran. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. XI. Compliance With Public Law 104-4 (Unfunded Mandates) H.R. 2051 contains no unfunded mandates. XII. Committee Oversight Findings and Recommendations The Committee's oversight findings and recommendations are reflected in the body of this report. XIII. Statement on General Performance Goals and Objectives Pursuant to clause 3(c) of House rule XIII, the goal of H.R. 2051 is to provide for Federal coordination of activities supporting sustainable chemistry. XIV. Federal Advisory Committee Statement H.R. 2051, does not create any advisory committees. XV. Duplication of Federal Programs Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, the Committee finds that no provision of H.R. 2051 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, including any program that was included in a report to Congress pursuant to section 21 of Public Law 111-139 or the most recent Catalog of Federal Domestic Assistance. XVI. Earmark Identification Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee finds that H.R. 2051 contains no earmarks, limited tax benefits, or limited tariff benefits. XVII. Applicability to the Legislative Branch The Committee finds that H.R. 2051 does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104-1). XVIII. Statement on Preemption of State, Local, or Tribal Law This bill is not intended to preempt any state, local, or tribal law. XIX. Changes in Existing Law Made by the Bill, as Reported This legislation does not amend any existing Federal statute. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [all]