[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 978 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                 S. 978

_______________________________________________________________________

                                 AN ACT

  To establish programs to promote environmental technology, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                 S. 978

_______________________________________________________________________

                                 AN ACT


 
  To establish programs to promote environmental technology, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Environmental Technology Act of 1994''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
               TITLE I--ENVIRONMENTAL TECHNOLOGY STRATEGY

Sec. 101. Development.
             TITLE II--ENVIRONMENTAL TECHNOLOGY INITIATIVE

Sec. 201. Establishment.
Sec. 202. Environmental Protection Agency partnership authority.
Sec. 203. Multi-agency partnership authority.
Sec. 204. Authorization of appropriations.
   TITLE III--ENVIRONMENTAL INNOVATION RESEARCH PROGRAM; TECHNOLOGY 
                                TESTING

         Subtitle A--Environmental Innovation Research Program

Sec. 301. Environmental innovation research program.
Sec. 302. Guidelines of the environmental innovation research program.
Sec. 303. Multi-agency environmental innovation research program.
               Subtitle B--Innovative Technology Testing

Sec. 311. Program.
                     TITLE IV--ADDITIONAL PROGRAMS

         Subtitle A--Verification of Environmental Technologies

Sec. 401. Program.
Subtitle B--Technical Assistance to Small Business in Coordination with 
                           Existing Programs

Sec. 411. Environmental assistance.
Sec. 412. Statutory construction.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) environmental problems facing the world pose a threat 
        to the environmental and economic security of the United States 
        and other nations;
            (2) promoting a sound economy while maintaining a healthy 
        environment is among the urgent public policy challenges of the 
        United States;
            (3) the development and utilization of environmental 
        technologies will enhance both global environmental security 
        and the economic standing of the United States in the world 
        marketplace;
            (4) the growing worldwide demand for environmentally sound 
        products and processes, and for cost-effective environmental 
        cleanup and pollution control technologies, presents 
        significant business opportunities;
            (5) innovative environmental technologies face barriers to 
        development and utilization, and are often slow to be adopted;
            (6) advances in source reduction, environmental cleanup, 
        and pollution control technologies could significantly reduce 
        Federal Government and private cleanup expenditures, improve 
        cleanup results, and help prevent future contamination;
            (7) the development and implementation of effective public 
        and private partnership arrangements will help promote 
        successful technology development programs;
            (8) many technologies developed for other purposes, such as 
        defense or space exploration, could also be used to address 
        environmental problems;
            (9) a coordinated, interagency strategy for environmental 
        technology will greatly facilitate the development of 
        environmental technologies that can respond to environmental 
        programs and create jobs and new sources of income; and
            (10) successful Federal Government programs to foster the 
        development and utilization of environmental technologies 
        depend on coordination and cooperation among agencies involved 
        in environmental protection and agencies involved in technology 
        development.
    (b) Purposes.--The purposes of this Act are--
            (1) to further environmental protection, spur the creation 
        of jobs (including the creation of jobs in areas of pervasive 
        poverty), and enhance the ability of domestic companies to 
        compete in the international marketplace by facilitating the 
        development and utilization of environmental technologies;
            (2) to encourage the development and utilization of 
        environmental technologies that prevent or control pollution 
        and remediate existing contamination;
            (3) to help overcome barriers that hinder the successful 
        development and utilization of environmental technologies; and
            (4) to coordinate Federal Government policies, actions, and 
        budgets with respect to environmental technologies.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Environmental technology.--The term ``environmental 
        technology'' means a product, process, or service--
                    (A) the primary purpose of which is to reduce an 
                environmental risk by protecting or enhancing human 
                health or the environment through--
                            (i) pollution control;
                            (ii) environmental remediation; or
                            (iii) a design or process change that 
                        results in source reduction or recycling; and
                    (B) that is identified and listed in the Strategy 
                under section 101(a)(4).
            (3) Executive agency.--The term ``Executive agency'' has 
        the same meaning as is provided in section 105 of title 5, 
        United States Code.
            (4) Partnership.--The term ``partnership'' means any 
        arrangement under which the head of an Executive agency or a 
        designee (including a Federal laboratory) undertakes research, 
        development, demonstration, or technical assistance activities 
        in cooperation with one or more non-Federal partners or 
        partners from other Executive agencies.
            (5) Small business concern.--The term ``small business 
        concern'' means a business concern that is recognized as a 
        small business concern under section 3(a) of the Small Business 
        Act (15 U.S.C. 632(a)) and that has no more than 100 employees.
            (6) Source reduction.--The term ``source reduction'' has 
        the same meaning as is provided in section 6603(5) of the 
        Pollution Prevention Act of 1990 (42 U.S.C. 13102(5)).

               TITLE I--ENVIRONMENTAL TECHNOLOGY STRATEGY

SEC. 101. DEVELOPMENT.

    (a) In General.--
            (1) Development.--As one of the strategies required under 
        section 822(a) of the National Defense Authorization Act for 
        Fiscal Years 1992 and 1993 (42 U.S.C. 6687(a)), the President 
        shall develop an Environmental Technology Strategy (referred to 
        in this title as the ``Strategy'').
            (2) First strategy.--The first Strategy shall be submitted 
        to Congress with the annual report on critical technology 
        strategies required under section 822(b) of such Act, due 
        February 15, 1995.
            (3) Contents.--Notwithstanding the second sentence of 
        section 822(a)(1) of such Act, each Strategy shall identify 
        environmental requirements based on trends in domestic and 
        global environmental threats and the potential for 
        environmental and economic benefits. To meet the requirements, 
        each Strategy shall--
                    (A) recommend effective public and private 
                partnership arrangements for the development and 
                utilization of environmental technologies;
                    (B) recommend actions that will encourage the 
                utilization of environmental technologies, with special 
                attention to environmental technologies that are likely 
                to reduce risk to human health and the environment in a 
                cost-effective manner;
                    (C) recommend actions that will encourage the 
                development of environmental technologies by small 
                business concerns, including small business concerns 
                located in areas of pervasive poverty;
                    (D) identify economic, regulatory, and other 
                barriers to the development, utilization, or export of 
                environmental technologies, and recommend appropriate 
                actions to reduce the barriers;
                    (E) identify incentives for the development, 
                utilization, or export of environmental technologies, 
                and recommend appropriate actions to improve the 
                incentives; and
                    (F) consistent with section 822(a)(3)(E) of such 
                Act, develop Federal budget estimates for the 
                activities of Executive agencies that promote, develop, 
                or support environmental technologies identified in the 
                Strategy.
            (4) Environment technologies.--As part of the Strategy, the 
        President shall identify and list technologies that meet the 
        criteria of clauses (i), (ii), and (iii) of section 3(2)(A) and 
        that address the requirements identified under paragraph (3) of 
        this subsection. The list shall include the technologies that 
        meet the criteria of clauses (i), (ii), and (iii) of section 
        3(2)(A) and that are identified in--
                    (A) the 5-year plan prepared by the Strategic 
                Environmental Research and Development Program Council 
                pursuant to section 2902(d)(3) of title 10, United 
                States Code; and
                    (B) the 5-year plan for environmental research, 
                development, and demonstration required by section 5 of 
                the Environmental Research, Development, and 
                Demonstration Authorization Act of 1976 (42 U.S.C. 
                4361).
    (b) Report to Congress.--The President shall--
            (1) submit to Congress any subsequent revisions to the 
        Strategy; and
            (2) make the Strategy publicly available.

             TITLE II--ENVIRONMENTAL TECHNOLOGY INITIATIVE

SEC. 201. ESTABLISHMENT.

    (a) In General.--
            (1) Initiative.--The Administrator shall establish an 
        Environmental Technology Initiative (referred to in this title 
        as the ``Initiative'') to coordinate and support the 
        implementation of the roles, responsibilities, and goals 
        identified for the Environmental Protection Agency pursuant to 
        the most recent Strategy developed under title I.
            (2) Office.--
                    (A) Establishment.--The Administrator shall 
                establish an office to--
                            (i) coordinate the implementation of the 
                        Initiative;
                            (ii) coordinate and support the 
                        implementation of the activities of the 
                        Environmental Protection Agency authorized 
                        under this Act; and
                            (iii) coordinate the development of 
                        policies of the Environmental Protection Agency 
                        that foster technological innovation.
                    (B) Head.--The office shall be under the direction 
                of such officer of the Environmental Protection Agency 
                as the Administrator shall designate.
    (b) Interagency Coordination.--In carrying out this section, the 
Administrator shall collaborate with the appropriate officials of 
Department of Commerce, the Department of Defense, the Department of 
Energy, and other appropriate Executive agencies to--
            (1) ensure the effective use of then existing capabilities 
        within Executive agencies; and
            (2) prevent duplication of efforts by the Environmental 
        Protection Agency with other Executive agencies.
    (c) Functions.--Consistent with subsections (a) and (b), the 
Administrator, in collaboration with the Secretary of Defense, the 
Secretary of Commerce, the Secretary of Energy, and the heads of other 
appropriate Executive agencies, shall--
            (1) through partnerships, pursuant to sections 202 and 203, 
        including the provision of grants or loans, support the 
        development and demonstration of environmental technologies at 
        the precommercial stage by industrial, academic, governmental, 
        and nongovernmental entities;
            (2) using information that is in the public domain or 
        voluntarily submitted, track on a continuing basis the research 
        and development being conducted on environmental technologies 
        by private industry in the United States;
            (3) cooperate in developing and improving mechanisms to--
                    (A) promote the transfer of environmental 
                technologies domestically and internationally;
                    (B) provide information to private and public 
                concerns that develop, apply, or export environmental 
                technologies;
                    (C) use electronic databases and other means to 
                collect and disseminate nonproprietary information on 
                environmental technologies, including descriptions of 
                environmental technologies developed, tested, or 
                verified under the programs established under this Act; 
                and
                    (D) provide a locator service that would direct 
                users to information relating to environmental 
                technologies, including information on new products and 
                services, regulations, export opportunities and 
                assistance, demonstration programs, and verification 
                and testing programs;
            (4) advise other officials, as appropriate, within the 
        other Executive agencies, concerning programs, strategies, and 
        regulatory reforms for promoting the development and 
        utilization of environmental technologies;
            (5) facilitate market acceptance for environmental 
        technologies;
            (6) develop recommendations for changes in Federal 
        procurement guidelines to give preference to environmental 
        technologies;
            (7) provide advice and assistance to regional technology 
        centers and similar community-based alliances that are 
        supporting a transition from defense technology research, 
        development, and production to environmental technology 
        research, development, and production;
            (8) pursuant to section 401, establish a program to verify 
        the cost and performance characteristics of environmental 
        technologies; and
            (9) report to Congress not less frequently than annually 
        on--
                    (A) description of the research, development and 
                testing conducted under programs authorized pursuant to 
                title II, title III, and title IV of this Act;
                    (B) resources and staff devoted to the programs 
                listed under paragraph (A); and
                    (C) estimated environmental and economic benefits 
                resulting from the programs listed under paragraph (A) 
                and the cost of the programs.
    (d) Consultation With Other Groups.--The goals and programs in 
support of the Initiative shall be developed and implemented by the 
Administrator in consultation with other Executive agencies, private 
sector organizations, academic institutions, and nonprofit groups 
involved in technology development and utilization, environmental 
protection, labor, education, or international relations.

SEC. 202. ENVIRONMENTAL PROTECTION AGENCY PARTNERSHIP AUTHORITY.

    (a) In General.--To support the development of environmental 
technologies, the Administrator may enter into partnerships that--
            (1) are in accordance with the statutory duties of the 
        Environmental Protection Agency;
            (2) are consistent with the roles, responsibilities, and 
        goals identified for the Environmental Protection Agency 
        pursuant to the Strategy developed under title I; and
            (3) do not duplicate specific technology development 
        projects being conducted by other Executive agencies.
    (b) Economic Benefits.--In carrying out the programs established 
under this title, the Administrator shall ensure that the principal 
economic benefits pursuant to any partnership accrue to the domestic 
economy of the United States.
    (c) Limitations.--The period of a partnership that provides a grant 
or loan pursuant to this section--
            (1) with a single firm may not exceed 3 years; and
            (2) with a consortium of companies or other entities may 
        not exceed 5 years.
    (d) Small Business Concerns.--In carrying out this section, the 
Administrator shall give special consideration to the needs of small 
business concerns (including small business concerns located in areas 
of pervasive poverty) in entering partnerships.
    (e) Administration of Program Funds.--In carrying out this section, 
the Administrator shall--
            (1) determine categories of projects to be funded under the 
        Initiative;
            (2) issue solicitations for partnerships to be funded;
            (3) receive and evaluate proposals resulting from 
        solicitations;
            (4) ensure that partnerships are selected under a merit-
        based, competitive procedure; and
            (5) in selecting participants for partnerships, give 
        preference to partnerships that support the development of 
        environmental technologies that--
                    (A) meet the definition of source reduction; or
                    (B) are likely to reduce risks to human health or 
                the environment in a cost-effective manner.
    (f) Federal Share.--The Federal share of the cost of a partnership 
conducted under this section may exceed 50 percent only if--
            (1) the partnership is conducted pursuant to an agreement 
        entered into with a small business concern under this section, 
        except that the Federal share of the cost of a partnership 
        described in this paragraph may not exceed 75 percent;
            (2) the partnership supports the development of an 
        environmental technology that meets the definition of source 
        reduction, except that the Federal share of the cost of a 
        partnership described in this paragraph may not exceed 75 
        percent; or
            (3) the partnership supports fundamental research for the 
        development of an environmental technology.
    (g) Confidential Information.--
            (1) Proprietary information.--Except as provided in 
        paragraph (2), information classified for reasons of national 
        security, trade secrets, confidential business information, or 
        other proprietary information may not be disclosed by an 
        officer or employee of the United States acting under any 
        provision of this Act. The information shall not be subject to 
        disclosure under section 552 of title 5, United States Code.
            (2) Exception.--Confidential business information may be 
        disclosed only in accordance with a written agreement between--
                    (A) the owner or developer of the information; and
                    (B) the Administrator or the head of the 
                appropriate Executive agency.
            (3) Dissemination of research results.--Pursuant to 
        paragraphs (1) and (2) and section 201(c)(3)(C), the 
        Administrator or the head of the appropriate Executive agency 
        shall provide for the dissemination of nonproprietary research 
        results of the projects supported under the programs 
        established under this title.
    (h) Minimum Allocation for Small Business.--Not less than 25 
percent of the Federal funds made available to carry out this section 
shall be awarded to small business concerns pursuant to partnerships 
authorized under this section.

SEC. 203. MULTI-AGENCY PARTNERSHIP AUTHORITY.

    (a) In General.--The Administrator may enter into a partnership 
with the Secretary of Defense, the Secretary of Commerce, the Secretary 
of Energy, or the head of any other appropriate Executive agency, or 
any combination thereof, to develop an environmental technology that 
will assist the Environmental Protection Agency and the other agency or 
agencies involved achieve their respective responsibilities and 
missions.
    (b) Authority.--In carrying out this section, the head of an 
Executive agency may enter into a partnership in accordance with 
provisions of law that are applicable to the agency.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the programs established under this title--
            (1) $36,000,000 for fiscal year 1994;
            (2) $80,000,000 for fiscal year 1995; and
            (3) $120,000,000 for fiscal year 1996.
    (b) Federal Agreements.--The Administrator shall allocate a 
substantial percentage of funds made available by appropriations 
pursuant to subsection (a), with a goal of reaching 50 percent, for 
partnerships entered into pursuant to section 203.

   TITLE III--ENVIRONMENTAL INNOVATION RESEARCH PROGRAM; TECHNOLOGY 
                                TESTING

         Subtitle A--Environmental Innovation Research Program

SEC. 301. ENVIRONMENTAL INNOVATION RESEARCH PROGRAM.

    (a) Establishment.--For each fiscal year, the Administrator is 
authorized to provide for an environmental innovation and research 
program an amount not more than 1.25 percent of the amount of funds 
made available to the Environmental Protection Agency from the 
Hazardous Substance Superfund established under section 9507 of the 
Internal Revenue Code of 1986 (referred to in this subtitle as 
``Superfund'') pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
notwithstanding any other provision of such Act and subject to the 
availability of appropriations.
    (b) Use of Funds.--
            (1) In general.--The Administrator shall use the amount 
        allocated under subsection (a) to make awards to private 
        concerns or other entities, through a uniform process 
        (described in subsection (e)), for the development of 
        environmental technology that contributes to the program 
        objectives of the Superfund.
    (c) Waiver.--
            (1) In general.--The Administrator may waive the 
        requirements of this section in full or part if--
                    (A) unforeseen emergency circumstances require the 
                Administrator to redirect funds for technology 
                development to other purposes; and
                    (B) the Administrator has redirected all technology 
                development funds (other than funds allocated pursuant 
                to subsection (a)) available to the Administrator from 
                the Superfund to address the unforeseen emergency 
                circumstances.
            (2) Report.--If the Administrator waives a requirement of 
        this section pursuant to paragraph (1), the Administrator shall 
        provide a report that explains the reasons for the waiver to 
        Congress.
    (d) Construction.--Nothing in this Act limits the amount of funds 
that the Administrator may spend on the research, development, or 
commercialization of environmental technology.
    (e) Phases of Environmental Innovation Research Program.--The 
Administrator shall carry out an environmental innovation research 
program in the following 3 phases:
            (1)(A) A first phase for determining, insofar as 
        practicable, the scientific and technical merit and feasibility 
        of proposals that are submitted pursuant to environmental 
        innovation research program solicitations and appear to have 
        commercial potential.
            (B) With respect to the first phase, the Administrator may 
        enter into partnerships (including grants and loans), each of 
        which shall be in an amount not to exceed $250,000 to support 
        the initial development of proposed environmental technologies.
            (2)(A) A second phase to fund the further development of 
        environmental technologies funded under paragraph (1) 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 evidenced by the 
        first phase (as described in paragraph (1)), taking into 
        consideration, among other considerations, the commercial 
        potential of each proposal, as evidenced by--
                    (i) the record of the private concern or other 
                entity of successfully commercializing technologies, 
                products, or processes developed as a result of 
                environmental innovation research or other research;
                    (ii) the existence of funding commitments, from the 
                private sector or sources other than the environmental 
                innovation research program, to fund the further 
                development of the environmental technology;
                    (iii) the existence of funding commitments from the 
                private sector or sources other than the environmental 
                innovation research program for the third phase of 
                research to be conducted pursuant to paragraph (3)(A); 
                and
                    (iv) the presence of other indicators of the 
                commercial potential of the environmental technology.
            (B) With respect to the second phase, the Administrator may 
        enter into partnerships, each of which shall be in an amount 
        not to exceed $750,000, unless the Administrator finds that 
        additional funding is necessary and appropriate.
            (3)(A) If appropriate, a third phase, in which--
                    (i) environmental innovation research funding is 
                used to continue development activity that has 
                demonstrated outstanding commercial potential in the 
                second phase of the environmental innovation research 
                program and merits further environmental innovation 
                research funding;
                    (ii) awards from funding sources other than the 
                environmental innovation research program are used for 
                the continuation of research or research and 
                development that has been competitively selected using 
                peer review or scientific review criteria; or
                    (iii) commercial applications of research or 
                research and development funded by the environmental 
                innovation research program are funded by non-Federal 
                sources of funds or, for environmental technologies 
                intended for use by the Federal Government, by Federal 
                funding sources other than the environmental innovation 
                research program.
            (B) With respect to a research or research and development 
        project funded under subparagraph (A) and consistent with 
        section 202(f), the Federal share shall not exceed 50 percent 
        of the total cost of the project.
            (C) With respect to the assistance provided under this 
        paragraph, the Administrator may assist the private concern or 
        other entity in pursuing funding or procurement from other 
        Federal programs and in pursuing financial and technical 
        assistance for the export of technology developed under the 
        environmental innovation research program.
            (D) The Administrator may, in lieu of the 3-phase process 
        established under this subsection, fund proposals for the 
        development of certain technologies through an alternative 
        competitive process, on the basis of a written finding that--
                    (i) the proposed technology is at a stage in 
                development comparable to the stage in development of 
                technologies that would emerge from the second phase of 
                the process established under this subsection; and
                    (ii) employing the first 2 phases of the process 
                established under this section would be inappropriate.
            (E) With respect to a development project funded under 
        subparagraph (D)--
                    (i) awards shall be based on scientific and 
                technical merit and demonstrated outstanding commercial 
                potential;
                    (ii) consistent with section 202(f), the Federal 
                share shall not exceed 50 percent; and
                    (iii) the Administrator shall notify Congress in 
                writing of the award and provide a copy of the written 
                finding made under subparagraph (D).
    (f) Small Business.--In carrying out the program established under 
this section, the Administrator shall consider the needs of small 
business concerns for the development and utilization of environmental 
technology.
    (g) Testing Environmental Technology.--Partnerships authorized 
under paragraph (2), or subparagraph (A) or (D) of paragraph (3), of 
subsection (e) may make available, if appropriate, funds to test 
environmental technology in the program established under section 311.

SEC. 302. GUIDELINES OF THE ENVIRONMENTAL INNOVATION RESEARCH PROGRAM.

    (a) Guidelines.--The Administrator shall issue guidelines for 
environmental innovation research conducted pursuant to this subtitle.
    (b) Contents.--The guidelines issued by the Administrator shall, at 
a minimum, provide for--
            (1) simplified, standardized, and timely solicitations of 
        project proposals; and
            (2) to the extent feasible, application procedures 
        standardized with the procedures established under title II.

SEC. 303. MULTI-AGENCY ENVIRONMENTAL INNOVATION RESEARCH PROGRAM.

    (a) Priority.--To the maximum extent practicable, each head of an 
Executive agency shall encourage the commercial application of 
environmental technologies developed to meet the missions and 
responsibilities of the agency.
    (b) Collection of Data.--The head of an Executive agency providing 
funding for the research and development of environmental technology 
shall--
            (1) identify projects funded by the agency for the 
        development of environmental technology that have been 
        commercially successful;
            (2) consistent with section 201(g), make the data publicly 
        available; and
            (3) make recommendations to appropriate officials of other 
        Executive agencies regarding effective mechanisms to foster the 
        development of commercially viable environmental technologies.

               Subtitle B--Innovative Technology Testing

SEC. 311. PROGRAM.

    (a) Establishment.--In collaboration with the heads of other 
appropriate Executive agencies, the Administrator is authorized to 
establish a program for testing environmental technologies at federally 
owned facilities and other sites, including sites--
            (1) on the National Priorities List established under 
        section 105(a)(8)(B) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9605(a)(8)(B)); and
            (2) in the inventory of Federal agency hazardous waste 
        facilities under section 3016 of the Solid Waste Disposal Act 
        (42 U.S.C. 6937),
collectively referred to in this section as ``applicable sites''.
    (b) Federal Sites.--In exercising the authority under the program 
established under this section, the Administrator shall enter into 
partnerships with other Executive agencies, and, if appropriate, non-
Federal partners, for the purpose of testing environmental technologies 
at federally owned sites. Each partnership shall include agreements 
regarding the selection of sites and the management and oversight of 
the testing and evaluation of environmental technologies at such sites, 
subject to the guidelines established under subsection (d).
    (c) Description.--As part of the program established under this 
section, the Administrator shall--
            (1) solicit and accept applications to test environmental 
        technologies suitable for the prevention, control, or 
        remediation of contamination at applicable sites, subject to 
        the guidelines established under subsection (d);
            (2) subject to subsection (b) and in consultation and 
        cooperation with representatives of other Executive agencies, 
        State and local governments, industry consortia, and other 
        groups interested in the control, source reduction, and 
        remediation of contamination at an applicable site, manage and 
        oversee testing and evaluation of environmental technologies at 
        the site, subject to the guidelines established under 
        subsection (d);
            (3) document the performance and cost characteristics of an 
        environmental technology tested at an applicable site;
            (4) consistent with section 201(c)(3)(C), list and 
        disseminate nonproprietary information regarding the 
        performance and cost characteristics of an environmental 
        technology that has been tested at 1 or more applicable sites; 
        and
            (5) to the extent feasible, incorporate Environmental 
        Protection Agency programs in existence on the date of 
        enactment of this Act that facilitate testing of environmental 
        technologies at applicable sites, including the alternative or 
        innovative treatment technology research and demonstration 
        program established under section 311(b) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9660(b)).
    (d) Guidelines.--The Administrator, in agreement with the heads of 
other appropriate Executive agencies, shall, after notice and 
opportunity for comment, issue guidelines for the operation of the 
program established under this section. The guidelines shall include--
            (1) an initial listing of applicable sites potentially 
        available for the testing of environmental technologies 
        categorized by site characteristics, including production 
        processes and technologies and, in the case of contaminated 
        sites requiring remediation, site geology and site 
        contaminants;
            (2) criteria for designating the eligibility of applicants 
        to the program established under this section;
            (3) the application procedures for applicants designated 
        under paragraph (2), including, consistent with section 202(f), 
        provisions for sharing the costs of testing with applicants;
            (4) criteria for the verification of the efficacy of tested 
        environmental technologies;
            (5) specific procedures for the management and oversight of 
        testing at applicable sites, including procedures for 
        consultation with communities in the vicinity of applicable 
        sites;
            (6) criteria for determining whether and to what extent 
        legal authorities should be used to indemnify successful 
        applicants to the program established under this section; and
            (7) provisions for terminating partnerships.
    (e) Listing of Tested Technologies.--In the case of a technology 
tested under the program established under this section, the 
Administrator shall publish the nonproprietary test results, cost 
information, and a general description of the tested environmental 
technology, and, consistent with section 201(c)(3)(C), disseminate the 
information.
    (f)  Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 1995 through 1998.

                     TITLE IV--ADDITIONAL PROGRAMS

         Subtitle A--Verification of Environmental Technologies

SEC. 401. PROGRAM.

    (a) Establishment.--As part of the Environmental Technology 
Initiative established under title II, the Administrator shall 
establish a program to verify, evaluate, and disseminate performance 
and, to the extent practicable, estimates of the capital and operating 
cost (referred to in this section as ``cost estimates'') of 
environmental technologies, including environmental technologies 
appropriate for meeting the performance criteria of regulations issued 
as performance standards under laws that the Administrator determines 
are appropriate, collectively referred to in this section as 
``applicable regulations''.
    (b) Purpose.--The purpose of the program established under this 
section is to provide businesses, municipalities, and other persons 
subject to environmental regulations or concerned with environmental 
improvement, with greater access to suitable environmental technologies 
by establishing a process of verification of the performance 
characteristics and cost estimates of environmental technologies.
    (c) Administration.--As part of the program established under this 
section, the Administrator, in collaboration with appropriate officials 
of other Executive agencies, shall--
            (1) establish procedures for soliciting applications for 
        and selecting, pursuant to the criteria established under 
        subsection (d), non-Federal entities to perform the functions 
        described in subsection (e);
            (2) pursuant to subsection (g), develop and issue common 
        guidelines and protocols to verify and evaluate the performance 
        and cost estimates of environmental technologies; and
            (3) pursuant to subsection (h), list and disseminate the 
        results of the verification and evaluation of environmental 
        technologies.
    (d) Selection Criteria.--The Administrator, in collaboration with 
the heads of appropriate Executive agencies, shall, through a merit 
based selection process, select non-Federal entities to perform the 
functions described in subsection (e) based on--
            (1) the capability of the entity to provide thorough and 
        credible technical and financial verification and evaluation of 
        environmental technologies;
            (2) the likelihood of continued viability of the entity; 
        and
            (3) such other criteria as the Administrator considers 
        appropriate.
    (e) Non-Federal Verification.--Each non-Federal entity selected 
under subsection (d) shall--
            (1) accept applications to verify and evaluate performance 
        characteristics and cost estimates of environmental 
        technologies;
            (2) using appropriate protocols developed under subsection 
        (g), verify the quality and credibility of performance data and 
        cost estimates submitted by applicants;
            (3) using the criteria developed under subsection (g), 
        evaluate performance data and cost estimates for environmental 
        technologies; and
            (4) report to the Administrator performance data and cost 
        estimates regarding the environmental technologies verified and 
        evaluated.
    (f) Federal Verification.--As part of the program established under 
this section, the head of an Executive agency may, individually or 
pursuant to a partnership, verify and evaluate the performance and cost 
estimates of environmental technologies at federally owned sites. The 
head of the Executive agency shall ensure that--
            (1) the common protocols and guidelines developed under 
        subsection (g) are employed for the verification and evaluation 
        of all environmental technologies; and
            (2) the results for each environmental technology verified 
        and evaluated are reported to the Administrator.
    (g) Guidelines.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator, in agreement with the 
        Secretary of Energy, the Secretary of Commerce, the Secretary 
        of Defense, the Administrator of the Small Business 
        Administration, and appropriate officials of other Executive 
        agencies, shall, after notice and opportunity for comment, 
        issue guidelines for the operation of the program established 
        under this section. The guidelines shall be revised from time-
        to-time as appropriate.
            (2) Description.--The guidelines shall include--
                    (A) criteria for designating the eligibility of 
                applicants to the program established under this 
                section;
                    (B) application requirements and procedures for 
                submitting data for verification;
                    (C) appropriate protocols to verify the quality and 
                credibility of performance data and cost estimates 
                submitted by applicants;
                    (D) general criteria for the evaluation of 
                environmental technologies, including an evaluation, 
                with respect to each technology evaluated, of the 
                ability of the technology to--
                            (i) meet the performance criteria of any 
                        applicable regulation under tested conditions 
                        with additional source reduction, control, or 
                        remediation benefits as compared to otherwise 
                        applicable technology;
                            (ii) meet the performance criteria of any 
                        applicable regulation under tested conditions 
                        at a comparable or lower estimates of cost than 
                        the estimated cost of otherwise applicable 
                        technology; or
                            (iii) constitute a significant advance in 
                        the development of an environmental technology 
                        with broad applicability;
                    (E) a schedule of fees for applications to cover 
                the costs of the program, including--
                            (i) lower fees for each applicant 
                        designated as a small business concern, 
                        nonprofit group, institution of higher 
                        education, or State or local government entity; 
                        and
                            (ii) lower fees for applications to verify 
                        environmental technologies that provide source 
                        reduction;
                    (F) consistent with section 202(g), criteria and 
                appropriate procedures for the protection of 
                proprietary information regarding environmental 
                technologies; and
                    (G) such other provisions as the Administrator or 
                the head of another agency listed in paragraph (1) may 
                consider appropriate.
    (h) Review and Reporting of Technologies.--
            (1) In general.--In the case of a technology verified and 
        evaluated by a non-Federal entity selected under subsection 
        (d), the Administrator shall conduct appropriate review of the 
        accuracy of the data and the results of the verification and 
        evaluation, prior to publication of the information under 
        paragraph (2).
            (2) Publication of description.--Consistent with section 
        201(c)(3), the Administrator shall publish a nonproprietary 
        description of the environmental technologies verified and 
        evaluated under this section and disseminate the information.
            (3) Significant advances.--The Administrator may establish 
        a list of technologies verified under the program established 
        by this section that represent significant advances as compared 
        to then current available technologies.
    (i) No Revision of Regulations.--Nothing in this Act shall be 
construed, interpreted, or applied in any manner to revise any 
regulation or release a person subject to any regulation from the duty 
to comply with the regulation.
    (j) Judicial Review.--
            (1) Effect of verification.--The verification or evaluation 
        of a technology under the program established under this 
        section shall not--
                    (A) constitute a final action by the Administrator; 
                and
                    (B) be subject to judicial review.
            (2) Failure to comply.--If a technology verified, 
        evaluated, and listed pursuant to the program established under 
        this section fails to result in compliance with any applicable 
        regulation, the verification, evaluation, and listing shall not 
        constitute a defense in an enforcement action or citizen suit 
        and shall not create a cause of action against the 
        Environmental Protection Agency.
    (k) No Federal Cause of Action.--Nothing in this section creates a 
cause of action or in any other manner increases or decreases the 
liability of a person.

Subtitle B--Technical Assistance to Small Business in Coordination with 
                           Existing Programs

SEC. 411. ENVIRONMENTAL ASSISTANCE.

    (a) Agreements.--Not later than 180 days after the date of 
enactment of this Act, the Administrator, the Secretary of Commerce, 
and the heads of other Executive agencies shall enter into such 
agreements as are necessary to permit the Environmental Protection 
Agency to provide technical assistance and support to the Manufacturing 
Technology Centers and other similar Extension Centers administered by 
the National Institute of Standards and Technology of the Department of 
Commerce and other technology assistance programs for small business 
concerns as appropriate.
    (b) Assistance.--The assistance shall include--
            (1) the preparation of environmental assistance packages 
        for small business concerns generally and, if appropriate, for 
        specific small business sectors, including information on--
                    (A) environmental compliance requirements and 
                methods for achieving compliance;
                    (B) new environmental technologies;
                    (C) alternatives for source reduction that are 
                generally applicable to the small business sectors; and
                    (D) guidance for identifying and applying 
                opportunities for source reduction at individual 
                facilities;
            (2) providing technical assistance to small business 
        concerns seeking to act on the information provided under 
        paragraph (1);
            (3) coordinating with the heads of other Executive agencies 
        to identify those small business sectors that need improvement 
        in environmental compliance or in developing methods for source 
        reduction; and
            (4) developing and carrying out an action plan for 
        providing assistance to improve the environmental performance 
        of small business sectors in need of improvement.
    (c) Coordination.--The Administrator may coordinate with--
            (1) small business development centers (established 
        pursuant to section 21 of the Small Business Act (15 U.S.C. 
        648)); and
            (2) as appropriate, other small business and agricultural 
        extension programs and centers,
to provide environmental assistance to small business concerns.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $7,000,000 for each of fiscal 
years 1995 through 1998.

SEC. 412. STATUTORY CONSTRUCTION.

    Nothing in this Act shall be construed, interpreted, or applied in 
any manner to--
            (1) affect the obligation or duty of any Executive agency 
        to comply with all applicable environmental laws and 
        requirements; or
            (2) limit the authority of any Executive Agency to carry 
        out or administer any program, duty, or responsibility.

            Passed the Senate May 11 (legislative day, May 2), 1994.

            Attest:






                                                             Secretary.

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