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

103d CONGRESS
  1st Session
                                 S. 978

  To establish programs to promote environmental technology, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 18 (legislative day, April 19), 1993

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

_______________________________________________________________________

                                 A BILL


 
  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 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
            TITLE I--NATIONAL ENVIRONMENTAL TECHNOLOGY PANEL

Sec. 101. Establishment.
Sec. 102. Membership.
Sec. 103. National environmental technology strategy.
Sec. 104. Coordination of budget requests for environmental technology.
Sec. 105. Report to Congress.
Sec. 106. Termination.
 TITLE II--NATIONAL ENVIRONMENTAL TECHNOLOGIES INSTITUTE; CLEARINGHOUSE

Sec. 201. Purposes.
       Subtitle A--National Environmental Technologies Institute

Sec. 211. Establishment.
Sec. 212. Reports.
Sec. 213. Environmental technology trade promotion.
           Subtitle B--Environmental Technology Clearinghouse

Sec. 221. Database.
   TITLE III--ENVIRONMENTAL INNOVATION RESEARCH PROGRAM; TECHNOLOGY 
                                TESTING

Sec. 301. Findings; purpose.
         Subtitle A--Environmental Innovation Research Program

Sec. 311. Environmental innovation research program.
Sec. 312. Guidelines and regulations of the environmental innovation 
                            research program.
               Subtitle B--Innovative Technology Testing

Sec. 321. Program.
                     TITLE IV--ADDITIONAL PROGRAMS

         Subtitle A--Verification of Environmental Technologies

Sec. 401. Program.
         Subtitle B--Environmental Technology Advisory Council

Sec. 411. Establishment.
Sec. 412. Report by the Comptroller General.
   Subtitle C--Coordination With National Institute of Standards and 
                               Technology

Sec. 421. Coordination with National Institute of Standards and 
                            Technology.
Sec. 422. Coordination with other federally supported extension 
                            programs.

SEC. 2. 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, on both domestic and international levels;
            (3) the development and deployment of environmental 
        technologies will both enhance global environmental security 
        and the economic standing of the United States in the world 
        marketplace;
            (4) the growing demand for environmentally sound products 
        and processes, and for cost-effective environmental cleanup and 
        pollution control technologies, presents strategic business 
        opportunities;
            (5) advances in environmental cleanup, pollution control, 
        and pollution prevention technologies could significantly 
        reduce Government and private cleanup expenditures and improve 
        cleanup results;
            (6) innovative environmental technologies face barriers to 
        commercialization and diffusion, and are often slow to be 
        adopted; 
            (7) while the Federal Government, research institutes, 
        universities, and industries are conducting substantial 
        relevant basic environmental research and development--
                    (A) environmental concerns must become a more 
                pervasive and central dimension of technology research 
                and development; and
                    (B) Federal environmental technology research and 
                development programs should be better coordinated and 
                better aligned with long-term, strategic environmental 
                needs and business opportunities; and
            (8) a coordinated, up-to-date, interagency strategy for 
        environmental technology will greatly help the United States 
        develop critical environmental technology that can respond to 
        environmental programs and create jobs and new sources of 
        income.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered federal agency.--The term ``covered Federal 
        agency'' means a Federal agency for which, for a fiscal year, 
        an amount greater than $50,000,000 is made available for 
        environmental cleanup.
            (3) Critical environmental technology.--The term ``critical 
        environmental technology'' means environmental technology 
        that--
                    (A) embodies a significant technical advance;
                    (B) has the potential to bring about large, cost-
                effective reductions in risk to human health or the 
                environment;
                    (C) is generically applicable at the precommercial 
                stage; and
                    (D) if adopted, would result in a favorable ratio 
                of social to private returns.
            (4) Director.--The term ``Director'' means the head of the 
        National Environmental Technology Institute established under 
        section 211.
            (5) Environmental innovation research.--The term 
        ``environmental innovation research'' means research related to 
        the development, application, or commercialization of 
        environmental technology.
            (6) Environmental technology.--The term ``environmental 
        technology'' means a technology, product, or process that 
        reduces environmental risks by--
                    (A) fulfilling a function other than protection of 
                the environment with less impact during its 
                manufacture, use, or disposal on the environment than 
                other technologies, products, and processes; and
                    (B) protecting or enhancing the environment through 
                pollution control, prevention, or environmental 
                remediation.
            (7) Fund.--The term ``Fund'' means the Environmental 
        Advanced Research Projects Revolving Fund established under 
        section 211(f).
            (8) Funding agreement.--The term ``funding agreement'' 
        means a contract, cooperative agreement, grant agreement, 
        patent agreement, royalty agreement, license agreement, equity 
        agreement, or other appropriate legal agreement between the 
        head of a covered Federal agency and a private business concern 
        to provide funding and support to carry out environmental 
        innovation research.
            (9) Institute.--The term ``Institute'' means the National 
        Environmental Technologies Institute established under section 
        211.
            (10) 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)).

           TITLE I--NATIONAL ENVI- RONMENTAL TECHNOLOGY PANEL

SEC. 101. ESTABLISHMENT.

    There is established within the Office of Science and Technology 
Policy a National Environmental Technology Panel (referred to in this 
section as the ``Panel''), to operate as a Presidential initiative 
panel of the Federal Coordinating Council for Science, Engineering, and 
Technology. The Panel shall be responsible for coordinating 
environmental technology programs within the Federal Government and the 
development of a National environmental technology strategy.

SEC. 102. MEMBERSHIP.

    The Panel shall consist of--
            (1) the Administrator;
            (2) the Director of the National Science Foundation;
            (3) the Administrator of the National Oceanic and 
        Atmospheric Agency of the Department of Commerce;
            (4) the Secretary of Energy;
            (5) the Secretary of the Interior;
            (6) the Administrator of the National Aeronautics and Space 
        Administration;
            (7) the Secretary of Agriculture;
            (8) the Secretary of Defense;
            (9) the Secretary of Health and Human Services;
            (10) the Secretary of Commerce;
            (11) the Secretary of Transportation;
            (12) the United States Trade Representative;
            (13) the Director of the National Environmental 
        Technologies Institute; and
            (14) the Director of the Office of Science and Technology 
        Policy, who shall serve as the Chairperson of the Panel 
        (referred to in this title as the ``Chairperson'').

SEC. 103. NATIONAL ENVIRONMENTAL TECHNOLOGY STRATEGY.

    (a) Development of National Environmental Technology Strategy.--Not 
later than 1 year after the date of enactment of this Act, the Panel 
shall develop a National Environmental Technology Strategy.
    (b) Strategy Requirements.--The Strategy shall--
            (1) identify critical environmental technologies for 
        focused governmental support;
            (2) prioritize the technologies identified in paragraph (1) 
        based on trends in global and domestic environmental problems 
        and the potential for economic benefits;
            (3) recommend effective public and private partnership 
        arrangements for the development and diffusion of environmental 
        technologies;
            (4) recommend approaches to encourage the commercialization 
        and diffusion of environmental technologies, with special 
        attention to small- and medium-sized business concerns;
            (5) identify economic, regulatory, and other barriers and 
        incentives to the development, deployment, and trade in 
        environmental technologies;
            (6) recommend administrative actions to remove barriers to 
        and create incentives for the development and diffusion of 
        environmental technology;
            (7) recommend administrative actions to promote and assist 
        trade in United States environmental technology; and
            (8) recommend, as appropriate, changes in Federal 
        procurement guidelines to promote the purchase of environmental 
        technology.
    (c) Revision of Strategy.--The Panel shall review and revise the 
Strategy not less frequently than once every 3 years.
    (d) Coordination With Other Groups.--
            (1) In general.--The Panel shall consult with organizations 
        involved in formulating Federal technology policy, 
        organizations involved in technology development and 
        commercialization, and organizations involved in making 
        recommendations for redirecting research on military 
        applications to civilian uses, including--
                    (A) the National Critical Technologies Panel 
                established under section 601 of the National Science 
                and Technology Policy, Organization, and Priorities Act 
                of 1976 (42 U.S.C. 6681);
                    (B) the Advanced Manufacturing Council of the 
                Federal Council established under section 401 of such 
                Act (42 U.S.C. 6651);
                    (C) the Defense Technology Conversion Council of 
                the Advanced Research Projects Agency of the Department 
                of Defense;
                    (D) the Advanced Research Projects Agency of the 
                Department of Defense;
                    (E) the Advanced Technology Program established 
                under section 28 of the National Institutes of 
                Standards and Technology Act (15 U.S.C. 278n);
                    (F) the Strategic Environmental Research and 
                Development Program Council established under section 
                2902 of title 10, United States Code;
                    (G) the Environmental Technology Advisory Council 
                established under section 411; and
                    (H) the environmental innovation and research 
                program established under section 311.
            (2) Recommendations.--The Panel shall make recommendations 
        to the organizations covered in paragraph (1) to avoid 
        duplication of efforts and to promote coordination of 
        environmental technology efforts.
            (3) Technical support.--The Chairperson shall provide 
        technical assistance regarding policy formulation to the Panel 
        and may request technical and policy assistance from members of 
        the Panel and other organizations, including the Academies of 
        Science and Engineering.

SEC. 104. COORDINATION OF BUDGET REQUESTS FOR ENVIRONMENTAL TECHNOLOGY.

    (a) Status of Federal Activity.--Not later than 180 days after the 
date of enactment of this Act, and annually thereafter, the 
Chairperson, in consultation with the Director of the Office of 
Management and Budget, shall--
            (1) submit to Congress a listing of all federally funded 
        activities that promote, develop, or support environmental 
        technology; and
            (2) review the budget summary to determine whether the 
        summary is consistent with the strategy developed under section 
        103.
    (b) Report.--The Chairperson shall report any comments or views of 
the Panel regarding the budget summary to the Director of the Office of 
Management and Budget.
    (c) Consideration by Director of Office of Management and Budget.--
The Director of the Office of Management and Budget shall--
            (1) consider all Federal agency requests for research 
        related to environmental technology as one integrated, 
        coherent, and multiagency request; and
            (2) review the budget summary developed in subsection (a) 
        and the comments submitted in subsection (b) prior to 
        submission of the annual budget request of the President.

SEC. 105. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Chairperson shall submit a report to Congress 
that includes--
            (1) a summary of all Panel activities;
            (2) the most recently prepared version of the strategy 
        developed under section 103;
            (3) any major findings of the Panel;
            (4) the interagency budget summary developed under section 
        104 with any comments submitted by the Chairperson;
            (5) descriptions of significant research initiatives in 
        environmental technology;
            (6) a listing of all public and private partnerships in 
        critical environmental technology, including projects funded 
        by--
                    (A) the Advanced Research Projects Agency of the 
                Department of Defense, excluding any classified 
                information;
                    (B) the Advanced Technology Program established 
                under section 28 of the National Institutes of 
                Standards and Technology Act (15 U.S.C. 278n);
                    (C) the National Environmental Technologies 
                Institute established under section 211; and
                    (D) the environmental innovations research program 
                under section 311; and
            (7) a listing of all federally funded activities that 
        promote, develop, or support critical environmental technology 
        identified under section 103(b)(1).

SEC. 106. TERMINATION.

    The authority provided by this title shall terminate on the date 
that is 7 years after the date of enactment of this Act.

 TITLE II--NATIONAL ENVIRONMENTAL TECHNOLOGIES INSTITUTE; CLEARINGHOUSE

SEC. 201. PURPOSES.

    It is the purpose of this title to improve the environment and 
strengthen the economic competitiveness of the United States through--
            (1) assisting private industry, universities, nonprofit 
        research centers, and Government laboratories in developing and 
        commercializing environmental technologies; and
            (2) facilitating the diffusion, adoption, and export of 
        environmental technologies by improving the information 
        available on new environmental technologies.

       Subtitle A--National Environmental Technologies Institute

SEC. 211. ESTABLISHMENT.

    (a) In General.--
            (1) Establishment of institute.--There is established 
        within the Environmental Protection Agency the National 
        Environmental Technologies Institute (referred to in this 
        section as the ``Institute'').
            (2) Director.--The Institute shall be headed by a Director 
        who shall be appointed by the President, with the advice and 
        consent of the Senate.
            (3) Conforming amendment.--Section 5316 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``Director of the National Environmental Technologies 
        Institute, Environmental Protection Agency.''.
    (b) Functions.--The Director shall--
            (1) in cooperation with the heads of other agencies, 
        support and assist the development of products oriented 
        research, development, and demonstration of environmental 
        technology at the precommercial stage by industrial, academic, 
        governmental, and nongovernmental entities;
            (2) monitor on a continuing basis the research and 
        development being conducted on environmental technologies by 
        private industry in the United States and provide technical 
        assistance to private industry conducting environmental 
        research;
            (3) in cooperation with the heads of other agencies, 
        develop and transfer environmental technologies and mechanisms 
        to address international environmental problems;
            (4) develop and maintain a clearinghouse, as established 
        under subtitle B, to provide information to private and public 
        concerns that develop, apply, or export environmental 
        technology;
            (5) advise other officials, as appropriate, within the 
        Environmental Protection Agency, and within other Federal 
        departments and agencies, on programs and strategies for 
        promoting the development and diffusion of environmental 
        technology, including program managers for the environmental 
        innovation research program established under subtitle A of 
        title III, as appropriate;
            (6) to the extent allowable by law, in cooperation with the 
        Administrator or the head of any other Federal agency that the 
        Director determines to be appropriate, ensure the availability 
        of an initial market for critical environmental technologies;
            (7) make recommendations for changes in Federal procurement 
        guidelines to ensure the availability of an initial market for 
        environmental technology; and
            (8) consult with the Panel established under title I and 
        the programs established under title III.
    (c) Cooperative Agreements and Other Arrangements.--
            (1) In general.--In carrying out the functions of the 
        Institute under this subtitle, the Director may enter into 
        cooperative agreements or other arrangements with--
                    (A) any department, agency, or independent 
                establishment of the United States;
                    (B) any unit of State or local government;
                    (C) any educational institution;
                    (D) any company that is a United States-owned 
                company; or
                    (E) any company that the Secretary finds is 
                incorporated in the United States and has a parent 
                company that is incorporated in a country that--
                            (i) affords to United States-owned 
                        companies opportunities, comparable to those 
                        afforded to any other company, to participate 
                        in any cooperative agreement similar to those 
                        authorized under this subsection;
                            (ii) affords to United States-owned 
                        companies local investment opportunities 
                        comparable to those afforded to any other 
                        company; and
                            (iii) affords adequate and effective 
                        protection for the intellectual property rights 
                        of United States-owned companies.
            (2) Authority to require payment.--
                    (A) In general.--A cooperative agreement or other 
                arrangement entered into under paragraph (1) may 
                include a provision that requires a person or other 
                entity to make a payment or payments to the Institute 
                (or any other department, agency, or independent 
                establishment of the United States) as a condition of 
                receiving assistance from the Institute under the 
                agreement or other arrangement.
                    (B) Amount of payment.--The amount of any payment 
                received by a department, agency, or independent 
                establishment of the United States pursuant to 
                paragraph (1) shall be credited to the Fund in such 
                amount as the Director specifies.
                    (C) Nonduplication and other conditions.--The 
                Director shall ensure that, to the extent practicable, 
                a cooperative agreement or other arrangement entered 
                into under this section--
                            (i) does not provide for research that 
                        duplicates research being conducted under other 
                        programs carried out by the private sector or 
                        by a department, agency, or independent 
                        establishment of the United States; and
                            (ii) requires the other party to the 
                        agreement or arrangement to share the cost of 
                        the project or activity concerned.
    (d) Federal Share.--
            (1) In general.--Subject to paragraph (2), the Federal 
        share of the cost of a research and development project under 
        this section may not exceed 50 percent.
            (2) Small business exception.--The Federal share of the 
        cost of a research and development project conducted pursuant 
        to a cooperative agreement or other arrangement entered into 
        with a small business concern under subsection (c) may not 
        exceed 75 percent.
    (e) Program Requirements.--
            (1) Selection criteria.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this section, the Director shall 
                publish in the Federal Register proposed criteria, and 
                not later than 1 year after the date of enactment of 
                this section, following a public comment period, final 
                criteria, for the selection of recipients of contracts, 
                leases, grants, and cooperative agreements under this 
                section.
                    (B) Criteria.--Selection criteria under 
                subparagraph (A) shall--
                            (i) include requirements outlining business 
                        plans;
                            (ii) address the advancement of United 
                        States environmental technology and the 
                        promotion of the competitiveness of businesses 
                        of the United States; and
                            (iii) give special consideration to the 
                        needs of small business concerns.
            (2) Administration of program funds.--In cooperation with 
        the heads of other agencies, the Director shall--
                    (A) determine categories of projects to be funded 
                by the National Environmental Technologies Institute;
                    (B) issue solicitations for projects to be funded 
                by the Institute;
                    (C) receive and evaluate proposals resulting from 
                solicitations;
                    (D) select participants for funding agreements of 
                the Institute;
                    (E) administer the funding agreements of the 
                Institute; and
                    (F) make payments to recipients of funding 
                agreements on the basis of progress toward, or 
                completion of, the funding agreement requirements.
            (3) Consultation.--The Director shall, as appropriate, 
        consult with the Panel established in title I and with the 
        Environmental Technology Advisory Council established in 
        subtitle B of title IV.
            (4) Financial reporting and auditing.--The Director, in 
        consultation with the chief financial officer of the 
        Environmental Protection Agency, shall establish financial 
        reporting and auditing procedures to ensure that contracts and 
        awards--
                    (A) are used for the purposes specified in this 
                section;
                    (B) are made in accordance with sound accounting 
                practices; and
                    (C) are not used for research programs existing or 
                planned on the date of enactment of this section that 
                would be substantially conducted in the same time 
                period in the absence of financial assistance under 
                this subtitle.
            (5) Dissemination of research results.--The Director shall 
        provide for the dissemination of research results of the 
        programs of the Institute established under this subtitle 
        through the database established under section 221.
            (6) Contracts or awards; criteria; restrictions.--
                    (A) In general.--No contract or award may be made 
                under this section until the research project in 
                question has been subject to a merit review by the 
                Environmental Technology Advisory Council established 
                under section 411, and has, in the opinion of the 
                reviewers, been shown to have scientific and technical 
                merit.
                    (B) Direct costs only.--Federal funds made 
                available under this subtitle shall be used only for 
                direct costs and not for indirect costs, profits, or 
                management fees of any contractor.
                    (C) Consideration.--In determining whether to make 
                an award to a joint venture, the Director shall 
                consider whether the members of the joint venture have 
                provided for the appropriate participation of small 
                businesses of the United States in the joint venture.
                    (D) Administrative procedure.--Section 552 of title 
                5, United States Code, shall not apply to the following 
                information obtained by the Federal Government on a 
                confidential basis in connection with the activities of 
                any business or joint venture that receives funding 
                under this section:
                            (i) Information on the business operation 
                        of a member of the business or joint venture.
                            (ii) Trade secrets possessed by any 
                        business or by a member of the joint venture.
                    (E) Intellectual property.--Intellectual property 
                owned and developed by a business or joint venture that 
                receives funding under this subtitle or by any member 
                of such a joint venture may not be disclosed by any 
                officer or employee of the United States except in 
                accordance with a written agreement between the owner 
                or developer and the Director.
                    (F) Licensing fees and royalties.--The United 
                States shall be entitled to a share of the licensing 
                fees and royalty payments made to and retained by a 
                business or joint venture to which the United States 
                contributes under this section in an amount that is 
                proportionate to the Federal share of the costs 
                incurred by the business or joint venture, as 
                determined by an independent audit.
                    (G) Discontinuance.--A contract or award under this 
                subtitle shall contain appropriate provisions for the 
                discontinuance of the project and the return of the 
                unspent Federal funds to the Institute (after payment 
                of all allowable costs and an audit) if it appears 
                that, due to technical difficulties, financial 
                difficulty on the part of the recipient, or for any 
                other reason, the recipient is not making satisfactory 
                progress toward successful completion of the project.
                    (H) Dissolution; residual assets.--Upon dissolution 
                of a joint venture that receives funding under this 
                section or at a time otherwise agreed upon, the United 
                States shall be entitled to a share of the residual 
                assets of a joint venture that is proportionate to the 
                Federal share of the costs of the joint venture, as 
                determined by an independent audit.
    (f) Revolving Fund.--
            (1)  Establishment.--There is established in the Treasury 
        of the United States a revolving fund to be known as the 
        ``Environmental Advanced Research Projects Revolving Fund'' 
        (referred to in this section as the ``Fund''), that shall 
        consist of such amounts as are appropriated or credited to the 
        Fund from time to time.
            (2) Expenditures from the fund.--Amounts in the Fund shall 
        be available, as provided in appropriations Acts, to carry out 
        this section.
            (3) Loans, grants, loan guarantees, and other financial 
        assistance.--
                    (A) In general.--The Director may use the Fund for 
                the purpose of making loans, grants, loan guarantees 
                (of both principal and interest), and other financial 
                assistance to industrial and nonprofit research 
                centers, universities, and other entities that serve 
                the long-term environmental security needs of the 
                United States, to carry out this subtitle.
                    (B) Repayment schedule.--A loan made under this 
                section shall--
                            (i) have a repayment schedule and maturity 
                        date determined by the Secretary of the 
                        Treasury;
                            (ii) bear interest at a rate determined by 
                        the Secretary of the Treasury (as of the close 
                        of the calendar month preceding the month in 
                        which the loan is made) to be 3 percent less 
                        than the current market yield on outstanding 
                        marketable obligations of the United States 
                        with remaining periods to maturity comparable 
                        to the period for which the loan is made.
                    (C) Repayments.--Repayments on a loan made under 
                this section and the proceeds from any other agreement 
                entered into by the Director under this subtitle shall 
                be credited to the Fund.
            (4) Management of fund.--
                    (A) In general.--The Secretary of the Treasury 
                shall manage the Fund and, after consultation with the 
                Director, report to Congress each year on the financial 
                condition and the results of the operation of the Fund 
                during the preceding fiscal year and on the expected 
                condition and operations of the Fund during the next 5 
                fiscal years.
                    (B) Investment.--
                            (i) Authority to invest.--Subject to clause 
                        (ii), the Secretary of the Treasury shall 
                        invest the portion of the Fund that is not, in 
                        the judgment of the Secretary, required to meet 
                        current withdrawals.
                            (ii) Limitation.--Investments of moneys in 
                        the Fund may be made only in interest-bearing 
                        obligations of the United States.
    (g) Authorization of Appropriations.--
            (1) Amounts.--There are authorized to be appropriated to 
        the Institute to carry out this section--
                    (A) $36,000,000 for fiscal year 1994;
                    (B) $80,000,000 for fiscal year 1995; and
                    (C) $120,000,000 for fiscal year 1996.
            (2) Limitation on use.--Of amounts appropriated to the 
        Institute, not more than 5 percent may be used to pay for 
        administrative expenses of the Institute.
            (3) Federal cooperative agreements.--The Director shall 
        allocate a significant percentage of the amounts made available 
        to the Institute for the purpose of entering into cooperative 
        agreements with departments, agencies, or independent 
        establishments of the United States pursuant to subsection 
        (c)(1).

SEC. 212. REPORTS.

    (a) In General.--The Director shall, not less frequently than 
annually, and at such other times as the Director considers to be 
appropriate, submit a report to the Committees on Environment and 
Public Works and Appropriations of the Senate, and the Committees on 
Science, Space, and Technology and Appropriations of the House of 
Representatives describing--
            (1) the activities of the Institute, including descriptions 
        and funding levels of all projects developed with assistance 
        from the Institute;
            (2) each phase of the implementation and operation of the 
        environmental innovation research programs administered by the 
        Director and the heads of covered Federal agencies under 
        subtitle A of title III;
            (3) the plans of the Institute for future activities;
            (4) the manner and extent to which technologies developed 
        with assistance from the Institute have been commercialized and 
        used; and
            (5) the extent to which the technologies have been 
        transferred to foreign nations.
    (b) Recommendations.--Each report submitted under this section 
shall include such recommendations for program improvements as the 
Director considers to be appropriate.

SEC. 213. ENVIRONMENTAL TECHNOLOGY TRADE PROMOTION.

    The Director shall--
            (1) collect and disseminate through the clearinghouse 
        established under subtitle B, information useful for promoting 
        the export of environmental technology, including information 
        concerning--
                    (A) sources of financial assistance;
                    (B) sources of technical assistance; and
                    (C) the environmental needs of foreign nations;
            (2) as appropriate, consult with the heads of other Federal 
        agencies to facilitate the export of environmental 
        technologies; and
            (3) consult with--
                    (A) the Working Group on the Environment of the 
                Trade Promotion Coordinating Council; and
                    (B) the National Environmental Technology Trade 
                Initiative within the Department of Commerce,
        regarding the appropriate administrative actions for the 
        promotion of trade in environmental technology.

           Subtitle B--Environmental Technology Clearinghouse

SEC. 221. DATABASE.

    (a) Establishment.--Not later than 2 years after the date of 
enactment of this section, the Administrator shall establish an 
operational electronic database to serve as a clearinghouse for the 
collection and dissemination of nonproprietary information on 
environmental technology.
    (b) Contents.--The database shall include--
            (1) descriptions of environmental technologies verified 
        under the program established under section 401;
            (2) descriptions of environmental technologies tested under 
        the program established under section 321;
            (3) descriptions of environmental technologies developed 
        under programs of the Institute under section 311;
            (4) descriptions of environmental technologies developed 
        under the environmental innovation research programs 
        established under title III;
            (5) analytical test results, costs, vendor information, 
        performance specifications, and other appropriate information 
        for all environmental technologies described in the database;
            (6) information useful for promoting the export of 
        environmental technology, including information concerning--
                    (A) sources of financial assistance;
                    (B) sources of technical assistance; and
                    (C) the environmental needs of foreign nations; and
            (7) other relevant information on environmental technology.
    (c) Access to Clearinghouse.--The clearinghouse shall be made 
available through an electronic data system (such as a computer 
bulletin board) and in paper report format, and shall be accessible to 
all persons and groups interested in environmental technology, 
including--
            (1) industries that may use the evaluated environmental 
        technologies either for compliance with any applicable 
        regulations or voluntarily;
            (2) Federal, State, and local programs likely to review 
        permit applications proposing use of environmental 
        technologies; and
            (3) Federal, State, and local programs responsible for 
        developing regulations establishing a level of performance or 
        specific equipment for the prevention, mitigation, or abatement 
        of environmental pollution.
    (d) Administration.--
            (1) Updating.--The data stored in the clearinghouse shall 
        be updated continuously as new information is made available, 
        but not less often than every 12 months.
            (2) Existing resources.--The clearinghouse shall build on 
        existing data sources and, to the extent feasible, shall be 
        integrated with other technology databases maintained by the 
        Environmental Protection Agency on the date of enactment of 
        this section.
            (3) Outreach.--The Administrator shall conduct appropriate 
        outreach efforts to advertise, deliver, and disseminate the 
        information stored in the clearinghouse.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

   TITLE III--ENVIRONMENTAL INNOVATION RESEARCH PROGRAM; TECHNOLOGY 
                                TESTING

SEC. 301. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that:
            (1) estimates of the cost to clean up the contaminated 
        sites in the United States range as high as $1,000,000,000 over 
        the next 30 years;
            (2) the Office of Technology Assessment has found that, at 
        some Federal sites, it may be impossible with current 
        technology to remove contaminants from groundwater plumes and 
        deeply buried soils;
            (3) new technologies are needed to address these serious 
        contamination problems in a more timely and cost-effective 
        manner, with an enormous potential savings for the Government 
        and private industry;
            (4) the use of innovative technologies at certain 
        contaminated sites has reduced site cleanup costs by more than 
        half; and
            (5) demonstration and testing of environmental technologies 
        for performance and cost characteristics is often a barrier to 
        successful commercialization of environmental technology.
    (b) Purpose.--It is the purpose of this title to reduce Federal and 
private cleanup costs by promoting the development and 
commercialization of environmental technologies.

         Subtitle A--Environmental Innovation Research Program

SEC. 311. ENVIRONMENTAL INNOVATION RESEARCH PROGRAM.

    (a) Establishment.--The head of each covered Federal agency shall 
establish an environmental innovation research program for the 
development and commercialization of environmental technology to 
further the progress of cleanup, pollution prevention, or abatement 
activities of the agency.
    (b) Funding.--
            (1) In general.--The head of each covered Federal agency 
        shall annually--
                    (A) notwithstanding any other provision of law--
                            (i) set aside not less than 1.25 percent of 
                        the amount of funds made available to the 
                        agency for environmental cleanup; and
                            (ii) reserve the amount set aside under 
                        clause (i) for awards to private concerns or 
                        other entities for the development and 
                        commercialization of environmental technology 
                        through a uniform process as described in 
                        subsection (e); and
                    (B) consult with the Environmental Technology 
                Advisory Council established under section 411 and the 
                Panel established under title I concerning the 
                expenditure of the funds set aside pursuant to 
                subparagraph (A).
            (2) Construction.--Nothing in this Act shall be construed 
        to limit the amount of funds that a covered Federal agency may 
        spend on the research, development, or commercialization of 
        environmental technology or any other environmental activity.
    (c) Duties of Heads of Covered Federal Agencies.--In carrying out 
an environmental innovation research program established under this 
section, the head of each covered Federal agency shall, in accordance 
with the requirements of this section--
            (1) certify annually the amount of agency funds set aside 
        in accordance with subsection (b)(1)(A);
            (2) determine categories of projects to be included in the 
        environmental innovation research program of the agency;
            (3) issue environmental innovation research solicitations;
            (4) receive and evaluate proposals resulting from the 
        solicitations;
            (5) select participants for the environmental innovation 
        research funding agreements of the covered Federal agency;
            (6) in administering paragraphs (3), (4), and (5), consider 
        the needs of small business concerns;
            (7) administer the environmental innovation research 
        funding agreements of the covered agency (or delegate the 
        administration to another agency);
            (8) make payments to recipients of environmental innovation 
        research funding agreements on the basis of progress toward, or 
        completion of, the funding agreement requirements; and
            (9) submit an annual report on the environmental innovation 
        research program to the National Environmental Technologies 
        Institute established in section 211 and the Office of Science 
        and Technology Policy, which shall include--
                    (A) an accounting of the number and amount of 
                awards made under the environmental innovation research 
                program, classified by categories of projects; and
                    (B) the amount of funds awarded to projects for 
                environmental cleanup, expressed as a percentage of the 
                total funds awarded.
    (d) Cooperative Agreements.--The head of each covered Federal 
agency may enter into a cooperative agreement with the head of another 
Federal agency for the provision of technical assistance and other 
appropriate assistance to business concerns or other entities 
conducting an approved project.
    (e) Phases of Environmental Innovation Research Program.--The head 
of each covered Federal agency shall carry out an environmental 
innovation research program consisting of the following 3 phases:
            (1)(A) A first phase for determining, insofar as possible, 
        the scientific and technical merit and feasibility of ideas 
        that appear to have commercial potential, submitted pursuant to 
        environmental innovation research program solicitations.
            (B) With respect to the first phase, the head of the 
        covered Federal agency may enter into funding agreements with 
        governmental, industrial, academic, and other nongovernmental 
        entities, each of which shall be in an amount not to exceed 
        $250,000.
            (2)(A) A second phase to further develop proposals that 
        meet particular program needs, and with respect to which awards 
        shall be made on the basis of the scientific and technical 
        merit and feasibility of each proposal, as 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 environmental 
                innovation research or other research;
                    (ii) the existence of funding commitments for the 
                second phase carried out under this paragraph from the 
                private sector or sources other than the environmental 
                innovation research programs to fund the development 
                phase;
                    (iii) the existence of follow-on commitments for 
                the third phase carried out under paragraph (3) for 
                research conducted pursuant to this clause; and
                    (iv) the presence of other indicators of the 
                commercial potential of the proposal.
            (B) With respect to the second phase, the head of the 
        covered Federal agency may enter into funding agreements with 
        private concerns or other entities, each of which shall be in 
        an amount not to exceed $750,000, unless the head of the 
        covered Federal agency 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 research program and 
                merits further environmental innovation research 
                funding;
                    (ii) awards from funding sources other than the 
                environmental innovation research programs 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 environmental 
                innovation research programs are funded by non-Federal 
                sources of capital or, for products or services 
                intended for use by the Federal Government, by Federal 
                funding sources other than environmental innovation 
                research programs.
            (B) With respect to a research and development project 
        funded under subparagraph (A)(i), 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 covered Federal agency may also assist the 
        private concern or other entity in pursuing funding or 
        procurement from other Federal cleanup programs and in pursuing 
        financial and technical assistance for the export of technology 
        developed under the environmental innovation research program.
            (4) Funding agreements authorized under paragraphs (2) and 
        (3)(A)(i) may make available, if appropriate, funds to test 
        environmental technology in the program established under 
        section 321.

SEC. 312. GUIDELINES AND REGULATIONS OF THE ENVIRONMENTAL RESEARCH 
              PROGRAM.

    (a) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the Director shall promulgate guidelines for 
environmental innovation research conducted by covered Federal agencies 
pursuant to this subtitle.
    (b) Contents.--The guidelines promulgated by the Director under 
subsection (a) shall, at a minimum, provide for--
            (1) simplified, standardized, and timely solicitations of 
        project proposals;
            (2) a simplified, standardized funding process that 
        provides for--
                    (A) the timely receipt and review of proposals;
                    (B) the protection of proprietary information 
                provided in project proposals;
                    (C) the selection of environmental technology 
                projects;
                    (D) the retention of rights in data generated in 
                the performance of a contract or other agreement by the 
                private concern under the environmental technology 
                research project;
                    (E) to the extent allowable by law, the transfer of 
                title to property provided by a Federal agency to the 
                private concern conducting an environmental research 
                project, if the transfer would be more cost-effective 
                than recovery of the property by the Federal agency;
                    (F) cost sharing; and
                    (G) cost principles and payment schedules;
            (3) exemptions from the requirements of paragraph (2) in 
        any case in which national security or intelligence functions 
        would be jeopardized; and
            (4) to the extent allowable by law and as appropriate, 
        minimizing the regulatory burden of each private concern that 
        participates in an environmental technology research project to 
        improve the cost-effectiveness of the environmental technology 
        research and development conducted under the program.
    (c) Regulations.--The head of each covered Federal agency shall, on 
the basis of the guidelines issued under subsection (a), promulgate 
such regulations as are necessary to ensure that the environmental 
innovation research program of the covered Federal agency meets the 
requirements of the guidelines.

               Subtitle B--Innovative Technology Testing

SEC. 321. PROGRAM.

    (a) Establishment.--In consultation with other appropriate Federal 
departments and agencies, the Administrator shall establish a program 
for testing environmental technology at federally owned facilities and 
sites listed 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 the inventory 
of Federal agency hazardous waste facilities under section 3016 of the 
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6937) 
(referred to in this section as ``applicable sites'').
    (b) Description.--As part of the program, the Administrator shall--
            (1) enter into cooperative agreements with other Federal 
        departments and agencies for the purpose of testing 
        environmental technology at applicable sites;
            (2) solicit and accept applications to test environmental 
        technology suitable for prevention, control, or remediation of 
        contamination at applicable sites, subject to the guidelines 
        established under subsection (c);
            (3) in consultation and cooperation with other Federal 
        departments and agencies, State and local governments, industry 
        consortia, and other groups interested in control, prevention, 
        and remediation of environmental pollution at any applicable 
        site, manage and oversee testing and evaluation of 
        environmental technology at applicable sites subject to the 
        guidelines established under subsection (c); 
            (4) document the performance and cost characteristics 
        provided by any environmental technology tested at an 
        applicable site;
            (5) list and disseminate, through the clearinghouse 
        established under section 221, nonproprietary information 
        regarding the performance and cost characteristics of 
        environmental technology that has been tested at one or more 
        applicable sites and has been determined to be effective by the 
        appropriate criteria in the guidelines established under 
        subsection (c); and
            (6) build upon, not duplicate, and, to the extent feasible, 
        incorporate existing Environmental Protection Agency programs 
        that facilitate testing of environmental technology 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)).
    (c) Guidelines.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall, after notice and opportunity 
for comment, promulgate 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 testing of environmental technology categorized 
        by site characteristics, including site geology and site 
        contaminants;
            (2) the criteria designating eligibility of applicants to 
        the program established under this section, including--
                    (A) any business concern or consortium;
                    (B) any small business concern or consortium; or
                    (C) any nonprofit group, university, or State or 
                local government entity or consortium;
            (3) the application procedures for entities designated 
        under paragraph (2) desiring to apply for testing of 
        environmental technology at an applicable site including data, 
        equipment, and findings or demonstrations required in a 
        complete application for testing, including--
                    (A) appropriate testing and analytical procedures 
                to demonstrate the effectiveness of an environmental 
                technology;
                    (B) required data, findings, equipment, or 
                demonstrations for a complete application for testing; 
                    (C) provisions for sharing the costs of testing 
                with applicants designated under subparagraph (B) or 
                (C) of paragraph (2) that limit the Federal share to 
                not more than 50 percent of the total cost of testing;
                    (D) a business plan that includes--
                            (i) the environmental problem the 
                        environmental technology is proposed to 
                        address;
                            (ii) the means by which the technology will 
                        be commercialized and marketed; and
                            (iii) the estimated benefits of the 
                        technology, including--
                                    (I) quantitative or qualitative 
                                estimates of reductions in health and 
                                environmental risks; and
                                    (II) the estimated number of jobs 
                                created if the technology is 
                                successfully commercialized; and
                            (iv) the projected capitalization costs and 
                        income; and
                    (E) provisions that provide special consideration 
                to the needs of small business concerns;
            (4) criteria for verification of the efficacy of tested 
        environmental technologies, including--
                    (A) the efficiency of destruction or removal of 
                contaminants;
                    (B) the reduction in the volume, toxicity, or 
                mobility of contaminants;
                    (C) the operational and capital costs; and
                    (D) the operational reliability;
            (5) specific procedures for the management and oversight of 
        testing at applicable sites, including procedures for 
        consultation or entering mutual agreements with--
                    (A) other Federal departments and agencies 
                responsible for management and remediation of 
                applicable sites;
                    (B) potentially responsible parties responsible for 
                management and remediation of applicable sites;
                    (C) State and local government entities;
                    (D) private citizens or citizen groups concerned 
                with management and remediation of applicable sites;
                    (E) nonprofit organizations concerned with 
                management and remediation of applicable sites; or
                    (F) any persons or business concerns interested in 
                investing in the commercialization of tested 
                environmental technology; and
            (6) appropriate provisions to limit the liability and, to 
        the extent feasible, indemnify successful applicants to the 
        program established under this section.
    (d) Listing of Verified Technology.--In the case of a technology 
tested under the program established by this section, the Administrator 
shall publish the test results, cost information, and a general 
description of the tested environmental technology, and disseminate the 
information through the clearinghouse established under section 221.
    (e) Audit.--Not later than 3 years after the date of enactment of 
this Act, the Administrator shall audit the performance of the program 
and report the results of the audit to Congress, including--
            (1) the number of sites where environmental technologies 
        have been tested, classified by the type of problem remedied 
        and the technology tested;
            (2) the number of environmental technologies tested that 
        have subsequently become commercially viable;
            (3) the number of sites for which environmental 
        technologies tested have been selected in a formal agency 
        record of decision;
            (4) the number of sites that have been fully remedied with 
        environmental technologies tested in the program;
            (5) the cost in terms of labor and contract funds expended 
        by the agency on the program;
            (6) the estimated number of jobs and increased income 
        associated with the development and commercialization of the 
        environmental technologies tested;
            (7) the estimated risk reduced through the use of 
        environmental technologies tested; and
            (8) the appropriateness of expanding the program to 
        additional sites.
    (f) Incorporation of Demonstrated Technology.--Where practicable, 
the covered Federal agency shall incorporate the demonstrated 
technology in the prevention, control, or remediation of contamination 
at applicable sites.
    (g) Funding.--Evaluations conducted by the Administrator under this 
section are eligible for funding under section 311.

                     TITLE IV--ADDITIONAL PROGRAMS

         Subtitle A--Verification of Environmental Technologies

SEC. 401. PROGRAM.

    (a) Establishment.--The Administrator shall establish a program to 
evaluate, verify, and disseminate performance and cost information on 
environmental technologies appropriate for compliance with regulations 
promulgated under--
            (1) the Clean Air Act (42 U.S.C. 7401 et seq.);
            (2) the Federal Water Pollution Control Act (commonly 
        referred to as the ``Clean Water Act'') (33 U.S.C. 1251 et 
        seq.);
            (3) title XIV of the Public Health Service Act (commonly 
        referred to as the ``Safe Drinking Water Act'') (42 U.S.C. 300f 
        et seq.);
            (4) the Resource Conservation and Recovery Act of 1976 (42 
        U.S.C. 6901 et seq.); and
            (5) other laws that the Administrator determines 
        appropriate,
collectively referred to in this section as ``applicable regulations''.
    (b) Functions.--As part of the program, the Administrator shall--
            (1) accept applications to evaluate environmental 
        technology subject to the guidelines established under 
        subsection (c);
            (2) evaluate and verify the performance and cost 
        information on any environmental technology provided by an 
        applicant subject to the guidelines established under 
        subsection (c);
            (3) develop protocols, test procedures, and quality 
        assurance procedures to ensure quality, credibility, and 
        comparability of data and information developed by applicants; 
        and
            (4) list and disseminate information regarding 
        environmental technology that meets or exceeds the appropriate 
        criteria in the guidelines established under subsection (c) 
        through the clearinghouse established under section 221.
    (c) Guidelines.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator shall, after notice 
        and opportunity for comment, promulgate guidelines for the 
        operation of the program.
            (2) Description.--The guidelines shall include--
                    (A) criteria for determining eligibility of 
                applicants to the program, including--
                            (i) any large business concern;
                            (ii) any small business concern; or
                            (iii) any nonprofit group, university, or 
                        State or local government entity;
                    (B) application requirements and procedures for 
                submitting data and information for evaluation and 
                verification, including appropriate specifications, 
                protocols, and quality assurance requirements relating 
                to data and information development and presentation, 
                including--
                            (i) appropriate, independently verified, 
                        analytical testing procedures to demonstrate 
                        compliance with the applicable regulations;
                            (ii) required data and findings; and
                            (iii) appropriate equipment or 
                        demonstrations;
                    (C) provisions excluding from verification any 
                environmental technology that causes significant 
                increases in environmental pollution in any media or is 
                determined by the Administrator to have other 
                unacceptable side effects;
                    (D) general criteria for verification and listing 
                of environmental technologies, including--
                            (i) compliance with any applicable 
                        regulation at a lower cost than the estimated 
                        cost of the technology used to establish the 
                        applicable regulation; or
                            (ii) compliance with any applicable 
                        regulation with additional pollution 
                        prevention, control, or remediation benefits 
                        than the technology used to establish an 
                        applicable regulation;
                    (E) a schedule of fees for applications to cover 
                the costs of the program, including--
                            (i) a sliding scale of fees based on the 
                        category of eligible applicants defined in 
                        subparagraph (A); and
                            (ii) lower fees for applicants defined in 
                        clause (ii) or (iii) of subparagraph (A); and
                    (F) provisions that provide special consideration 
                to the needs of small business concerns.
    (d) Listing of Technology.--For technologies that the Administrator 
finds, through the evaluation procedure established in subsection (c), 
meet or exceed all of the verification criteria established in 
subsection (c), the Administrator shall publish the results of the 
evaluation and a description of the evaluated environmental technology 
and disseminate the information through the clearinghouse established 
under section 221.
    (e) Administration.--
            (1) Use of fees.--All fees collected by the Administrator 
        through the operation of the program established under this 
        section shall be used to support the operation of the program.
            (2) Evaluation deadline.--All evaluations conducted under 
        the program established under this section shall be completed, 
        and the applicant notified of the results, not later than 6 
        months after the receipt of a complete application.
    (f) No Revision of Applicable Regulations.--Nothing in this section 
shall be construed to revise any applicable regulation or release any 
person subject to an applicable regulation from the duty to fully 
comply with the applicable regulation.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

         Subtitle B--Environmental Technology Advisory Council

SEC. 411. ESTABLISHMENT.

    (a) Establishment.--There is established the Environmental 
Technology Advisory Council (referred to in this section as the 
``Advisory Council'').
    (b) Membership.--The Director shall appoint the members of the 
Advisory Council. The individuals appointed as members of the Advisory 
Council shall--
            (1) be eminent in the fields of business, research, new 
        product development, engineering, labor, education, management 
        consulting, environment, or international relations;
            (2) be selected solely on the basis of established records 
        of distinguished service;
            (3) not be employees of the Federal Government; and
            (4) include--
                    (A) at least 1 representative of a leading 
                consortium of manufacturing and technology firms;
                    (B) at least 1 representative of small business 
                concerns;
                    (C) at least 1 representative of a State 
                government;
                    (D) at least one representative of a local 
                government body; and
                    (E) at least one representative of a 
                nongovernmental public interest organization.
    (c) Chairperson and Vice Chairperson.--
            (1) Selection.--The Advisory Council shall appoint from 
        among the members of the Advisory Council a person to serve as 
        Chairperson and a person to serve as Vice Chairperson, each of 
        whom shall serve as Chairperson or Vice Chairperson, 
        respectively, for a term of 1 year and shall not thereafter be 
        eligible to serve as Chairperson or Vice Chairperson, 
        respectively, until 1 year has elapsed after the end of the 
        term.
            (2) Vice chairperson.--The Vice Chairperson of the Advisory 
        Council shall perform the duties of the Chairperson in the 
        absence of the Chairperson.
    (d) Duties.--The Advisory Committee shall--
            (1) review and make recommendations regarding general 
        policy for the Institute established under title II, and the 
        organization, budget, and programs of the Institute within the 
        framework of national policies set forth by the President and 
        Congress;
            (2) review guidelines and regulations of the environmental 
        innovative research program established under title III;
            (3) on the basis of the reviews conducted under paragraphs 
        (1) and (2), make recommendations to the Administrator, the 
        Director, and the head of each covered Federal agency regarding 
        the merits of the distribution of the funds under proposed 
        funding agreements to fund proposed projects under the 
        environmental innovation research program established under 
        title III;
            (4) establish merit review panels consisting of members 
        with technical expertise and related business experience to 
        review proposals for funding submitted to the Institute;
            (5) consult with the heads of Federal agencies covered by 
        the environmental innovation research program established under 
        title III concerning the expenditure of funds from programs 
        established under section 311;
            (6) consult with the Panel established under title I in the 
        development of the national environmental technology strategy;
            (7) review the effectiveness of the clearinghouse 
        established in section 221;
            (8) make recommendations to the Director to improve the 
        effective dissemination by the clearinghouse of research 
        information and results; and
            (9) make recommendations to the Director regarding 
        administrative actions to promote the export of environmental 
        technologies.

SEC. 412. REPORT BY THE COMPTROLLER GENERAL.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to the Committees 
on Environment and Public Works and Appropriations of the Senate and 
the Committee on Science, Space, and Technology and Appropriations of 
the House of Representatives a report concerning the implementation of 
the programs established under titles II and III, including a 
description of the research conducted under the programs.

   Subtitle C--Coordination With National Institute of Standards and 
                               Technology

SEC. 421. COORDINATION WITH NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    (a) Agreements.--Not later than 180 days after the date of 
enactment of this section, the Administrator and the Secretary of 
Commerce shall enter into such agreements as may be necessary to permit 
the Environmental Protection Agency to provide technical assistance and 
support to the Manufacturing Technology Centers administered by the 
National Institute of Standards and Technology of the Department of 
Commerce.
    (b) Assistance.--The assistance shall include--
            (1) the preparation of environmental assistance packages 
        for small business concerns generally and, where 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 preventing pollution that are 
                generally applicable to the small business sectors;
                    (D) guidance for identifying and applying 
                opportunities for preventing pollution 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 National Institute of Standards 
        and Technology to identify those small business sectors that 
        need improvement in environmental compliance or in developing 
        methods to prevent pollution; and
            (4) developing and implementing an action plan for 
        providing assistance to improve environmental performance of 
        small business sectors in need of improvement.

SEC. 422. COORDINATION WITH OTHER FEDERALLY SUPPORTED EXTENSION 
              PROGRAMS.

    The Administrator may coordinate with representatives of small 
business and agricultural extension programs and centers, as 
appropriate, to provide environmental assistance to small businesses.

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