[Congressional Record Volume 140, Number 54 (Friday, May 6, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             NATIONAL ENVIRONMENTAL TECHNOLOGY ACT OF 1994

                                 ______


                 BAUCUS (AND OTHERS) AMENDMENT NO. 1686

  Mr. BAUCUS (for himself, Mr. Lieberman, Ms. Mikulski, Mr. Kerry, Mr. 
Chafee, Mr. Wofford, Mr. Moynihan, Mr. Lautenberg, Mrs. Boxer, Mr. 
Reid, Mr. Metzenbaum, Mr. Kennedy, Mr. Levin, Mr. Sarbanes, Mr. Pell, 
Mr. Dodd, Mrs. Murray, Mr. Leahy, Mr. Jeffords, Mr. Campbell, and Mr. 
Hatfield) proposed an amendment to the bill (S. 978) to establish 
programs to promote environmental technology, and for other purposes; 
as follows:
       Strike all after the enacting clause and insert the 
     following:

     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) the activities conducted under the authorities 
     established by this section; and
       (B) the resources and staff devoted to managing the 
     activities.
       (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.
                                 ______


                STEVENS (AND OTHERS) AMENDMENT NO. 1687

  (Ordered to lie on the table.)
  Mr. STEVENS (for himself, Mr. Inouye, and Mr. Murkowski) submitted an 
amendment intended to be proposed by them to the bill S. 978, supra; as 
follows:

       On page 18, strike line 1 and insert in lieu thereof the 
     following:

     SEC. 204. NATIVE AMERICAN SANITATION-HEALTH TECHNOLOGY FUND 
                   PROGRAM.

       (a) Authorization.--The Administrator is authorized and 
     encouraged to enter into an agreement to establish a 
     partnership program to fund grants to research, engineer, 
     develop, test, and demonstrate innovative water sanitation 
     technologies for Indian reservations, Alaska Native villages, 
     and other remote, rural regions. Funds provided pursuant to 
     this section may be awarded beginning in fiscal year 1995 for 
     competitively judged proposals that have the potential to 
     improve health and sanitation conditions in Alaska Native 
     villages, on Indian reservations, and in other rural areas, 
     with emphasis on areas with conditions that are not conducive 
     to utilization of conventional wastewater treatment methods.
       (b) Coordination.--The Administrator shall coordinate 
     disbursements related to Alaska Native village sanitation 
     authorized by paragraph (a) with appropriate federal agencies 
     and departments, including any such agency or department 
     participating in the federal field working group on rural 
     Alaska sanitation.

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

                                 ______


                        KERRY AMENDMENT NO. 1688

  Mr. BAUCUS (for Mr. Kerrey) proposed an amendment to the bill S. 978, 
supra; as follows:

       Annual report including specific benchmarks on the success 
     of the program:
       On page 13:
       On line 6 delete all through line 9 and replace with the 
     following:
       ``(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.''

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