[Congressional Record Volume 140, Number 57 (Wednesday, May 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             NATIONAL ENVIRONMENTAL TECHNOLOGY ACT OF 1993

  The PRESIDING OFFICER. Under the previous order, the committee 
substitute, as amended, is agreed to, the bill is to be read for the 
third time, and the question is on the passage of S. 978, as amended.
  The clerk will read the bill for the third time.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. HATCH. Mr. President, I rise today to offer a few comments on one 
of the sections of the bill before us, S. 978, the National 
Environmental Technology Act of 1994.
  First, let me congratulate Senator Baucus, chairman of the 
Environment and Public Works Committee, and Senator Chafee, ranking 
member on the committee, for their work on this bill. They have 
achieved a consensus on the many provisions within the bill to the 
degree that we are poised to adopt this legislation in the new few 
days. They were willing to consider amending the bill with language 
that I had proposed, and I appreciate their willingness to make 
modifications to the bill based on that language.
  I am pleased that the substitute bill makes changes in the original 
version of S. 978, most notably in title IV, subtitle A--``Verification 
of Environmental Technologies.'' This provision establishes a framework 
for encouraging the development and introduction of new and innovative 
technologies in the private sector, which I believe will have a very 
positive effect on our environment and economy.
  As I mentioned, the changes to title IV are a definite improvement 
over the original bill. With the substitute bill, the committee is 
providing direction to the Environmental Protection Agency [EPA] to 
ensure that, as the agency moves toward setting technology standards 
based on performance, the actual verification and evaluation of these 
technologies will be conducted in the private sector or by other non-
Federal entities. The bill does provide for qualifying EPA laboratories 
to participate in verifying technologies as well. But, the key 
component of this future system, and the reason for my earlier 
suggestions, is to open the EPA verification and evaluation process to 
as many eligible non-federal entities as possible. In this manner, 
private sector involvement is encouraged and expansion of the EPA's 
bureaucracy discouraged.
  I am pleased this concept of outside consultation between the EPA and 
the private sector also encourages private companies to be involved in 
the development and marketing of new and innovative environmental 
products. Section 201 contains language identifying these 
organizations, including academic institutions and nonprofit groups.
  It is important that the EPA carefully and formally solicit input 
from the analytical instrumentation industry, as well as other 
components of the environmental monitoring industry. In my view, this 
latter industry, which supplies environmental monitoring equipment to 
laboratories, is already heavily regulated, which has often hindered 
the introduction of new environmental monitoring technologies and 
products. Obtaining input from those involved in this industry should 
help prevent further regulatory burden from being created in the 
future.

  Such prevention is important since over the last twenty years the 
EPA's system of regulating analytical instruments used in environmental 
technology has developed into a highly detailed set of instructions for 
the chemist or lab technician to follow. Today, these technicians must 
follow these cookbook-like directions to provide assurance to their 
customers that the results of their analyses passes EPA muster. In most 
cases, a different method, or recipe, as it were, is needed for each 
class of chemical substances, which has developed into a proliferation 
of highly specific EPA directions on how to conduct a certain type of 
chemical analysis. And, if a technology comes along that can do this 
analysis better and faster, it cannot be utilized because the product 
or type equipment is not specified in the EPA directions. Since most 
laboratories are not willing to risk losing a customer's business when 
that customer is only interested in complying with EPA regulations, 
these labs will not pursue new technologies. After all, if the testing 
regulations effectively prevent their use, what good are they? I 
believe it would be very counterproductive to continue to constrain the 
introduction of new and innovative technologies in this way.
  I understand the EPA has been aware of these problems created by the 
current methods-based approach to developing environmental monitoring 
equipment. For the past 7 years, the agency has been exploring the 
possibility of moving toward a performance-based system. One of the 
reasons this has taken so long is the complexity of the transition, 
especially when questions as to the quantity and quality of data to be 
required under a new performance system remain unanswered.
  Because of the complexity of transitioning from a methods-based 
approach for the environmental monitoring industry to a performance-
based system, and since this industry is one of the few environmental 
technology industries that is currently regulated, I believe it is 
vital that the industry have the opportunity for direct input to the 
EPA during the development of performance standards. This will ensure 
that the transition is achieved as smoothly as possible, and that any 
problems are taken into account and addressed.
  Despite the positive move in the substitute bill to develop standards 
based on performance rather than methods, I would like to mention 
several items that I believe we should watch carefully during this 
process.
  First, language in title IV requires that the performance standards 
system to be established by the Administrator include, ``to the extent 
practicable, estimates of the capital and operating cost of 
environmental technologies.'' This portion of title IV may--and I 
underscore may--continue past practices of overburdening the production 
of new technologies, especially if the EPA eagerly pursues this 
language. What I am saying is that if a given technology easily lends 
itself to these kinds of cost estimates, then they should be 
undertaken. If, however, the capital and operating costs of technology 
cannot be easily estimated, then the EPA should not try to fit a square 
peg into a round hole, but rather exercise restraint and employ the 
``to the extent practicable'' phrase. Many of these technologies may 
have different cost structures under different circumstances, and it 
would be self-defeating to have the agency attempt to produce cost 
estimates for every combination that might be possible in every 
environmental application.

  Second, title IV also authorizes the EPA Administrator, in 
collaboration with other Federal agencies, to develop and issue common 
guidelines and protocols to verify and evaluate the performance and 
cost estimates of environmental technologies. As I mentioned earlier, I 
am pleased that the substitute bill encourages the use of non-federal 
agencies to verify and evaluate environmental technologies. However, I 
am concerned that, where we open the door to private sector involvement 
earlier in the title, this provision could shut that opening very 
abruptly. I hope the EPA, in accordance with this language, would 
similarly reach outside the agency for help in putting together these 
guidelines and protocols. If not, then the EPA will become a 
bottleneck, rather than a spur, in the development of new technology. I 
hope it does not come to that. We have an opportunity in this 
legislation to involve many entities in developing performance-based 
standards that will lead new and important technologies.
  I encourage the EPA to call on such entities as the National 
Institute for Standards and Technology, private sector groups involved 
in standard setting, and other appropriate organizations with 
standards--setting and protocol-development expertise to shoulder much 
of the effort to design these new standards, protocols, and guidelines.
  Finally, I would like to express my deep reservations about the 
section of title IV that authorizes the EPA to establish a fee 
structure for this process of moving to a performance-based standard 
system. I am not a proponent of establishing user fees for services 
provided by the Federal government that have been deemed necessary to 
benefit all Americans. If regulating environmental technologies is 
deemed to be in the public interest, then we should be prepared to pay 
for it and find the necessary offsets.
  User fees have been more and more frequently considered as a means of 
financing Government activities, a trend I find disturbing in and of 
itself. In general, this is not good public policy, and we should seek 
to avoid enacting such fees. The burden of paying them, while initially 
shouldered by the business community, eventually falls on to all 
consumers and taxpayers.
  In this case, I plan to monitor EPA's development of these user fees 
to ensure that: First, they are not excessive; second, they will not 
unduly burden current and future participants in this industry; and 
third, they will be competitive between all types and sizes of industry 
members. Otherwise, I, for one, will be compelled to revisit this issue 
at every opportunity.
  Mr. President, the development of an effective system of performance-
based evaluation of analytical instruments for environmental monitoring 
still requires guidance to chemists on how best to conduct a given 
analysis. However, this should not result in replacing specific types 
of equipment with generic descriptions accompanied with performance 
criteria. The language in this bill should go a long way toward 
ensuring that a significant barrier to the introduction of new 
technologies and products in the field of environmental analytical 
instruments is removed. That is my hope with the provisions contained 
in the substitute bill. Obviously, if we cannot succeed in this effort, 
then these issues may need to be revisited in the near future.
  I commend my colleagues for including in this bill direction to the 
EPA to move toward performance-based assessments of environmental 
technologies.
  Mr. LEVIN. Mr. President, I am pleased to be a cosponsor of S. 978, 
the National Environmental Technology Act of 1994.
  S. 978 is a good Government approach to stimulating the development 
of technologies to protect the environment. It will help prevent 
duplication of effort by Federal agencies, and encourage more public-
private partnerships for effective use of taxpayers money. This 
approach is consistent with the administration's effort to develop a 
inter-departmental look at all Federal research and development to 
increase its efficiency and payoff.
  This bill will help stimulate innovation and job creation in a 
responsible way. S. 978 encourages business' attention to investment in 
environmental protection through incentives rather than through 
penalties. According to the Environmental Business Journal, 
approximately 47,200 people in Michigan are employed in environmental 
technology fields, grossing around $6 million annually in sales.
  Originally, I was concerned that S. 978, as reported from committee, 
did not include recycling in the definition of environmental 
technology, and appeared to emphasize development of remediation and 
pollution control technology at the expense of recycling technology. 
This approach seemed to turn the conventional pollution prevention 
hierarchy--reduce, reuse, recycle, and dispose--on its head.
  Mr. President, I have been involved in efforts to ensure that the 
Federal Government increases its procurement of products with recycled 
content and environmentally preferable products. I am aware that many 
nascent technologies exist that can help us close the now-gaping part 
of the cradle-to-cradle recycling loop that should exist between end 
use of a product and new procurement. Obviously, we do not want to 
encourage the production of waste solely as a feedstock for new 
products with recycled content, but there is plenty of waste out there 
going into landfills or incinerators or elsewhere that could be 
profitably recycled given sufficient demand. The administration has 
made good progress in using Federal procurement to develop that market 
demand.
  The committee's amendment, in the nature of a substitute, satisfies 
my concerns, and ensures that companies that want to develop new 
recycling technologies that reduce environmental or human health risks 
will be eligible for the benefits of the bill. My hope is that the 
administration and the business community, including small businesses, 
will use the resources authorized in this bill to assist in the 
development of technologies that will reduce waste going to permanent 
disposal, and encourage firms to substitute less hazardous, 
nonpersistent and nonbioaccumulative materials and substances into 
their products and in their provision of services.
  Mr. President, I urge my colleagues to vote for passage of S. 978.
  Mr. LIEBERMAN. Mr. President, I am very pleased to urge support of 
passage of the National Environmental Technology Act of 1994.
  The main goals of this bill include coordination of existing programs 
throughout the Federal Government and authorizing and putting 
discipline and structure in existing programs at EPA. Over the long 
run, the development of new technologies has the potential to save the 
Federal Government huge sums of money.
  Perhaps the most important goal of this bill is to ensure that our 
existing programs on environmental technology are well-coordinated. 
Over $4 billion is currently being spent annually by Government 
agencies on research and development of technologies that could be 
classified as environmental technologies. A coordinated approach among 
these agencies is critical for cost-effective use of these funds. This 
bill accomplishes this and will improve Government accountability and 
efficiency. It is fully consistent with our efforts to reinvent 
Government.
  The legislation authorizes and modestly expands existing 
environmental technology programs at the Environmental Protection 
Agency. Under the President's environmental technology initiative, EPA 
is already operating a program to develop environmental technologies in 
partnerships with the private sector and other agencies. For example, 
one of the projects being funded under this initiative is aimed at 
developing and evaluating cost-effective control technologies for 
oxides of nitrogen on major combustion sources. We know that 
developments of these controls will help companies meet the 
requirements of the Clean Air Act in the most cost-effective manner.
  EPA's program must be consistent with the roles and responsibilities 
identified for EPA pursuant to the national strategy and cannot 
duplicate specific technology development projects being conducted by 
other executive agencies.
  EPA is currently coordinating this program with other Federal 
technology programs. In this fiscal year, it intends to enter into 
partnerships with other Federal agencies to expend more than 50 percent 
of the funds in the program.
  Title III of the legislation builds on EPA's existing Superfund 
Innovative Technology Evaluation Program and is modeled after the 
highly successful SBIR Program which EPA already is operating.
  Most importantly, we are talking about the development of technology 
which is critical to the Federal Government. The costs of cleaning up 
the Federal Government's contaminated sites is expected to total 
several hundred billion dollars. Even if we had the money, we do not 
have the technologies to clean up many of these sites and developing 
new technologies is critical to getting the costs under control. For 
example, there is no technology currently available to adequately clean 
up ground water contaminated with oil wastes, a common occurrence at 
many of the Nation's contaminated waste sites. Improvements in these 
technologies should improve cleanup results, accelerate the pace of 
site cleanups and save both the Federal Government and private sector 
large amounts of money. Where innovative technologies have been used in 
the past, the cost savings have been very significant.

  The tests for spending Federal dollars in this bill are rigorous and 
follow the rules set forth by President Bush's science advisor, Dr. 
Bromley. First, the programs are basically oriented toward funding 
research and development at the precompetitive stage. Second, Dr. 
Bromley was concerned that peer review be an important part of ensuring 
that quality programs are selected. The policies EPA has in place to 
review these types of technology programs establish a peer review 
process. Third, Dr. Bromley wanted to make sure that the investments 
made in research and development made sense; that they were not just 
economic dead ends in the mind of some Government bureaucrat, or pork 
in the eyes of a Congressman or Senator. So the Bush administration 
emphasized cost sharing of Government dollars with industry. Cost 
sharing, where industry pays a major share of costs and share the 
development risks, is a prime requirement of most of the programs in 
this bill.
  Finally, Mr. President, a technology development program at EPA will 
hopefully significantly bring down industry's cost of complying with 
regulations. Involvement in technology development may help ensure that 
EPA is aware of what is and is not possible from a technology 
standpoint as it develops regulations. The bill also establishes 
programs to verify the cost and performance characteristics of 
technologies relative to Federal regulations. These provisions will 
lower the market barriers created by preference within regulations for 
specific technologies and thus stimulate competition and innovation.
  Mr. President, this bill is good government. Its goal is to 
coordinate existing programs throughout the Federal Government and 
authorize and expand existing programs at EPA. Over the long term, the 
program has the potential to save the Federal Government huge sums of 
money.
  I would like to take a moment to commend the extraordinary hard work 
of the staff of the Environment and Public Works Committee including 
Tim Mohin, Tom Sliter, Peter Scher, Mike Evans, Joyce Rechtschaffen, 
Steve Shimberg, John Grzebien; Greg Loder of Senator Mikulski's staff; 
and William Bonvillian, Murray Hitzman, and Elizabeth Drye of my 
office. They worked with great creativity and perservance to make this 
bill happen.
  Mr. HATCH. Mr. President, as one can see from my comments, I am 
concerned that the Environmental Protection Agency consult with outside 
sources, or non-Federal entities, to develop the rules, regulations, 
guidelines, and protocols called for in this legislation. I am 
appreciative of the chairman's efforts to achieve this change in the 
earlier bill. I had recommended to the chairman that to ensure that EPA 
steps outside of its own walls to gain input from the private sector 
and those elements involved in the environmental monitoring industry, 
we create a consultative committee in statute comprised of 10 industry 
representatives with whom the Administrator could consult as these 
guidelines, et cetera, are developed. The substitute bill does not 
contain language creating this committee. I wonder if my colleague from 
Montana would respond to a brief question.
  Mr. BAUCUS. Certainly.
  Mr. HATCH. Is it the chairman's intention to aggressively pursue the 
concept now in the bill requiring the EPA to consult private sector 
groups and other sources outside the EPA in developing performance-
based standards for environmental technologies, particularly from the 
environmental monitoring industry, during the upcoming conference with 
the House on this bill?
  Mr. BAUCUS. It is. I believe the substitute bill contains an 
appropriate level of specificity and direction to the EPA to reach out 
to the relevant industries and other groups outside of EPA in order to 
gain insight and guidance for the development and implementation of the 
programs outlined in this bill. EPA officials have reviewed the 
substitute bill and the references on performance standards, and they 
recognize, and feel very comfortable, that they will need to extend 
beyond their organization to actively involve outside groups in program 
development. Based on this position, creating a consultative committee, 
as proposed by my colleague, did not seem necessary.
  Mr. HATCH. I appreciate that response.
  Mrs. BOXER. Mr. President, may I address a question to the chairman? 
I want to first thank my friend from Utah for raising this important 
matter. However, I am concerned that the EPA may not use the ample 
authority provided in the bill to consult with private sector and 
outside groups to the extent that I and my friend from Utah would like 
to see. Based on this concern, would the chairman agree with me that 
the conference report accompanying this bill should contain strong and 
definite language directing the EPA to seek input and counsel from 
the private sector and other groups outside of EPA on a consistent 
basis throughout the full development and implementation of the 
environmental technology initiative established by this bill?

  Mr. BAUCUS. I understand my colleague's concerns, and without 
preempting the final conference report, I would state that it would be 
my intention to include language along the lines just outlined by my 
colleague in the final report.
  Mr. HATCH. As my friend from California indicated, I share the 
concerns she just raised. Would it be possible for this Senator and the 
Senator from California to consult with the chairman on the development 
of appropriate report language that addresses these concerns and is 
consistent with the upcoming conference deliberations with the House?
  Mr. BAUCUS. I would certainly welcome the two Senators' input, and I 
would encourage them to consult with me on this matter.
  Mrs. BOXER. I thank the chairman for his time and his willingness to 
address the concerns of myself and my friend from Utah. I would add 
that as a cosponsor of this bill I applaud his efforts in this crucial 
and important area of environmental technology.
  Mr. HATCH. Let me also thank and commend the chairman. Appropriate 
report language directing the EPA to consult outside entities as the 
guidelines, protocols, and regulations involved with verifying and 
evaluating the performance of environmental technologies are developed 
and implemented, would address the concerns that my friend from 
California and I have raised.


                                  vote

  The PRESIDING OFFICER. The question is on the passage of the bill. 
The yeas and nays have been ordered and the clerk will call the roll.
  The legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from Alabama [Mr. Shelby] is 
absent because of illness.
  The PRESIDING OFFICER (Mr. Feingold). Are there any other Senators in 
the Chamber who desire to vote?
  The result was announced--yeas 85, nays 14, as follows:

                      [Rollcall Vote No. 108 Leg.]

                                YEAS--85

     Akaka
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boren
     Boxer
     Bradley
     Breaux
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Coverdell
     Craig
     D'Amato
     Daschle
     DeConcini
     Dodd
     Dole
     Domenici
     Durenberger
     Exon
     Feingold
     Feinstein
     Ford
     Gorton
     Graham
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     Mathews
     McCain
     McConnell
     Metzenbaum
     Mikulski
     Mitchell
     Moseley-Braun
     Moynihan
     Murray
     Nunn
     Packwood
     Pell
     Pryor
     Reid
     Riegle
     Robb
     Rockefeller
     Roth
     Sarbanes
     Sasser
     Simon
     Simpson
     Specter
     Stevens
     Thurmond
     Warner
     Wellstone
     Wofford

                                NAYS--14

     Brown
     Conrad
     Danforth
     Dorgan
     Faircloth
     Glenn
     Gramm
     Heflin
     Helms
     Murkowski
     Nickles
     Pressler
     Smith
     Wallop

                             NOT VOTING--1

       
     Shelby
       
  So the bill (S. 978), as amended, was passed, as follows:

                                 S. 978

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

               TITLE I--ENVIRONMENTAL TECHNOLOGY STRATEGY

Sec. 101. Development.

             TITLE II--ENVIRONMENTAL TECHNOLOGY INITIATIVE

Sec. 201. Establishment.
Sec. 202. Environmental Protection Agency partnership authority.
Sec. 203. Multi-agency partnership authority.
Sec. 204. Authorization of appropriations.

   TITLE III--ENVIRONMENTAL INNOVATION RESEARCH PROGRAM; TECHNOLOGY 
                                TESTING

         Subtitle A--Environmental Innovation Research Program

Sec. 301. Environmental innovation research program.
Sec. 302. Guidelines of the environmental innovation research program.
Sec. 303. Multi-agency environmental innovation research program.

               Subtitle B--Innovative Technology Testing

Sec. 311. Program.

                     TITLE IV--ADDITIONAL PROGRAMS

         Subtitle A--Verification of Environmental Technologies

Sec. 401. Program.

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

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

     SEC. 2. FINDINGS AND PURPOSES.

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

     SEC. 3. DEFINITIONS.

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

     SEC. 101. DEVELOPMENT.

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

     SEC. 201. ESTABLISHMENT.

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

     SEC. 202. ENVIRONMENTAL PROTECTION AGENCY PARTNERSHIP 
                   AUTHORITY.

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

     SEC. 203. MULTI-AGENCY PARTNERSHIP AUTHORITY.

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

     SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 301. ENVIRONMENTAL INNOVATION RESEARCH PROGRAM.

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

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

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

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

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

     SEC. 311. PROGRAM.

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

     SEC. 401. PROGRAM.

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

     SEC. 411. ENVIRONMENTAL ASSISTANCE.

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

     SEC. 412. STATUTORY CONSTRUCTION.

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

  The PRESIDING OFFICER. The majority leader.

                          ____________________