[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1994 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 1994


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

                                Received

                           November 23, 1993

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for environmental research, development, 
    and demonstration for fiscal year 1994, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Research, Development, 
and Demonstration Authorization Act of 1993''.

SEC. 2. GENERAL AUTHORIZATION.

    (a) Environmental Research, Development, and Demonstration.--
            (1) In general.--There are authorized to be appropriated to 
        the Administrator of the Environmental Protection Agency 
        (hereafter in this Act referred to as the ``Administrator'') 
        $475,400,000 for fiscal year 1994 for the Office of Research 
        and Development for environmental research, development, and 
        demonstration activities and program management and support.
            (2) Authorizations of programs and activities.--Of the 
        amount authorized in paragraph (1) for fiscal year 1994 for 
        such Office, there are authorized to be appropriated for such 
        fiscal year the following:
                    (A) For air related research, $126,000,000.
                    (B) For water related research, $49,000,000.
                    (C) For toxic chemical related research, 
                $76,000,000.
                    (D) For lab and field expenses, $49,000,000.
                    (E) For headquarters expenses of such Office, 
                $5,400,000.
                    (F) For multimedia related research expenses, 
                $163,000,000.
                    (G) For program management expenses, $7,000,000.
            (3) Effect on other authorization.--
                    (A) Superfund.--Nothing in this Act shall affect 
                amounts authorized for fiscal year 1994 for Superfund 
                research activities as authorized by the Superfund 
                Amendments and Reauthorization Act of 1986 (Public Law 
                99-499; 100 Stat. 1613).
                    (B) Other epa Offices.--Nothing in this Act shall 
                affect research, testing, studies, or other activities 
                of other offices within the Environmental Protection 
                Agency.
    (b) Limitation on Closing Offices and Reductions-in-Force.--The 
Administrator shall not close any Office of Research and Development 
field station, regional office, laboratory, or other research center, 
or permit any Office of Research and Development reduction-in-force, 
and no closing or reduction shall be finalized, unless at least 30 days 
prior to the issuing of any general notice of such closing or reduction 
the Administrator informs the appropriate legislative and 
appropriations committees of the House of Representatives and the 
Senate in writing of the reasons for such closing or reduction, the 
impact of such closing or reduction on carrying out the provisions of 
this Act, the details of such reduction or closing, and other pertinent 
information.
    (c) Availability.--Appropriations made pursuant to this Act shall 
remain available for obligation or expenditure for such periods as may 
be specified in the Acts making such appropriations.
    (d) Limitation on Appropriations.--Nothing in this Act authorizes 
appropriations for the research, development, and demonstration 
activities of the Office of Research and Development of the 
Environmental Protection Agency for any fiscal year after fiscal year 
1994.
    (e) Report on Unauthorized Appropriations.--Not later than 30 days 
after the date of the enactment of this Act, the Administrator shall 
submit a report to Congress which specifies--
            (1) the portion of such appropriations which are for 
        programs, projects, or activities not specifically authorized 
        under subsection (a), or which are in excess of amounts 
        authorized for the relevant program, project, or activity under 
        this Act; and
            (2) the portion of such appropriations which are 
        specifically authorized under this Act.

SEC. 3. FUNDAMENTAL RESEARCH PROGRAMS.

    (a) Establishment.--In addition to providing research support for 
the regulatory needs of the program offices, the Administrator shall 
establish in the Office of Research and Development separately 
identified research programs consisting of fundamental research on 
ecology and environmental science and fundamental research on exposure 
to, and effects of, environmental contamination. Such research shall be 
undertaken for the purpose of generating fundamental knowledge 
necessary to support efforts to identify, assess, and mitigate serious 
environmental risks.
    (b) Authority.--In carrying out programs under this section, the 
Administrator may support research on environmental processes and 
trends, identification and assessment of potential environmental risks, 
and approaches to prevent and reduce such risks. The Administrator is 
authorized to establish and maintain resources, expertise, and 
facilities necessary to the advancement of the fundamental research 
programs established in this section.
    (c) Report of the Administrator.--The Administrator shall 
biennially prepare and submit to the Congress and the Science Advisory 
Board referred to in subsection (d) a report containing the 
Administrator's assessment of the programs established pursuant to 
subsection (a).
    (d) Science Advisory Board.--The Science Advisory Board established 
under the Environmental Research, Development, and Demonstration 
Authorization Act of 1978 (hereafter in this Act referred to as the 
``Science Advisory Board''), or a designated subcommittee thereof, 
shall--
            (1) review the activities undertaken under the programs 
        established under subsection (a);
            (2) make recommendations on the appropriate balance between 
        the fundamental research and the programmatic research 
        undertaken by the Environmental Protection Agency and update 
        such recommendations at least every two years;
            (3) make any recommendations with respect to the programs 
        established under subsection (a) that the Science Advisory 
        Board considers to be appropriate; and
            (4) every two years beginning in March 1994, submit to the 
        Administrator and the Congress a report containing--
                    (A) an assessment of the most recent report of the 
                Administrator prepared pursuant to subsection (c);
                    (B) the results of a review undertaken pursuant to 
                paragraph (1); and
                    (C) the recommendations (with any updates thereto) 
                made pursuant to paragraphs (2) and (3).
    (e) Conforming Amendment.--Section 2 of the Environmental Research, 
Development, and Demonstration Authorization Act of 1981 is amended by 
striking subsection (f).

SEC. 4. ENVIRONMENTAL MONITORING AND ASSESSMENT PROGRAM.

    (a) Establishment.--The Administrator shall establish an 
Environmental Monitoring and Assessment Program to conduct 
environmental research and development to design a long-term 
environmental monitoring program to determine the current condition of, 
and trends in, the ecological resources of the United States.
    (b) Coordination.--The Administrator shall coordinate the 
Environmental Monitoring and Assessment Program activities, including 
activities under the National Coastal Monitoring Act (33 U.S.C. 2801 et 
seq.), with the heads of other Federal agencies in order to identify, 
integrate, and fully utilize results of related efforts undertaken by 
other agencies and minimize duplication of efforts.
    (c) Annual Report.--The Administrator shall publish an annual 
report identifying and assessing the performance of the activities 
undertaken under the Environmental Monitoring and Assessment Program, 
the effectiveness of interagency coordination, and the contributions of 
multiagency research to the advancement of research goals.
    (d) Public Data.--The Administrator shall periodically submit to 
Congress and make publicly available a compilation of statistical data 
summaries and interpretive reports on ecological status and trends 
developed as a result of the Environmental Monitoring and Assessment 
Program.

SEC. 5. MODERNIZATION PROGRAM.

    (a) Modernization Program.--The Administrator shall establish, from 
funds authorized to be appropriated in section 2, a modernization 
program for laboratories of the Office of Research and Development of 
the Environmental Protection Agency that are designed to identify, 
acquire, and maintain modern buildings, facilities, supplies, and 
equipment to conduct high quality research. In carrying out this 
section, the Administrator shall ensure that such buildings, 
facilities, supplies, and equipment meet, at a minimum, the standards 
generally accepted by the scientific community as appropriate for 
conducting research, including research instrumentation replacement 
standards.
    (b) Studies.--The Administrator shall conduct studies in the Office 
of Research and Development--
            (1) to evaluate and determine the adequacy of current 
        buildings, facilities, supplies, and equipment and identify 
        future building, facility, supplies, equipment and research 
        instrumentation needs; and
            (2) to identify and assess future research personnel needs 
        and make recommendations for attracting and retaining qualified 
        scientists, engineers and other personnel to meet such needs.
    (c) Deadline for Submission.--The studies required by this section 
shall be submitted to the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on Environment and 
Public Works of the Senate within one year after the date of the 
enactment of this Act.

SEC. 6. REPEAL OF 5-YEAR RESEARCH REPORT REQUIREMENT.

    (a) Repeal.--Section 5 of the Environmental Research, Development, 
and Demonstration Authorization Act of 1976 is repealed.
    (b) Amendments to the Environmental Research, Development, and 
Demonstration Authorization Act of 1978.--The Environmental Research, 
Development, and Demonstration Authorization Act of 1978 is amended as 
follows:
            (1) Strike section 4.
            (2) Strike ``including those defined in the five-year 
        research plan'' at the end of section 7(a).
            (3) Strike section 8(c).
            (4) Strike ``The Administrator shall include'' and all that 
        follows through the end of the subsection in section 9(a).

SEC. 7. SCIENCE ADVISORY BOARD.

    (a) Annual Report.--The Science Advisory Board shall submit to 
Congress and to the Administrator an annual report that contains the 
views of the Science Advisory Board on proposed research programs as 
described in the President's budget for research, development, and 
demonstration activities at the Environmental Protection Agency. Such 
report shall be submitted to Congress as soon as practicable after the 
submission of the President's budget to Congress. The Administrator 
shall cooperate with the Director of the Science Advisory Board, 
particularly with respect to the timely provision of budget information 
to the Science Advisory Board, to allow the Science Advisory Board to 
carry out its duties under this subsection.
    (b) Evaluation.--The Science Advisory Board shall conduct periodic 
evaluations of selected areas of the current and planned research, 
development, and demonstration activities of the Environmental 
Protection Agency. The areas of evaluation shall be selected by the 
Science Advisory Board in consultation with the Administrator, the 
Office of Research and Development, other Agency programs, and 
appropriate committees of the Congress. Reports containing the Science 
Advisory Board's evaluations and recommendations shall be filed with 
such committees and the Administrator. The Administrator shall provide 
to such committees a written response to the Science Advisory Board's 
evaluation and recommendations within 60 days after the Science 
Advisory Board's report has been submitted.
    (c) Review of Certain Research Activities.--The Science Advisory 
Board shall annually review the research activities of the 
Environmental Protection Agency under section 14(b)(2) and shall 
include the results of such review in the annual report required by 
section 7.
    (d) Submission to Congress.--The Administrator shall submit to the 
Congress any report required by law to be submitted to the 
Administrator by the Science Advisory Board. The Administrator shall 
make any such submission not later than 60 days after the Administrator 
receives the report from the Science Advisory Board.

SEC. 8. MISCELLANEOUS AUTHORIZATION FOR COOPERATIVE AGREEMENTS.

    In reviewing research, development and demonstration grant, 
contract, and cooperative agreement applications, the Administrator may 
enter into cooperative agreements to conduct appropriate scientific and 
professional reviews of such applications and may use research funds 
authorized by this Act for such cooperative agreements.

SEC. 9. RESEARCH ACCOMPLISHMENTS REPORT.

    The Administrator shall submit an annual report to the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Environment and Public Works of the Senate setting out the 
accomplishments of the research, development, and demonstration 
programs for which funds are authorized by this Act for the Office of 
Research and Development of the Environmental Protection Agency and the 
significance of such accomplishments to the Environmental Protection 
Agency's mission.

SEC. 10. TECHNOLOGY TRANSFER AND INFORMATION EXCHANGE.

    The Administrator shall carry out a program of environmental 
technology transfer and exchange of scientific and technical 
information designed to make full and effective use of the research, 
development, and demonstration efforts of the Office of Research and 
Development of the Environmental Protection Agency. The Administrator 
may establish and maintain resources necessary to advance such 
technology transfer and information exchange program in the Office of 
Research and Development.

SEC. 11. RESEARCH TO SUPPORT THE EVALUATION OF THE RISK OF 
              ENVIRONMENTAL CONTAMINATION.

    (a) Establishment.--The Administrator shall establish in the Office 
of Research and Development a separately identified risk assessment 
research program designed to improve the capability of the 
Environmental Protection Agency to identify, assess, and compare risks 
resulting from contamination of the environment.
    (b) Objectives.--Under the program authorized by subsection (a), 
the Administrator may conduct research to--
            (1) develop and improve methodologies for the comparison of 
        such risks that result from contamination of different 
        environmental media;
            (2) identify and develop protocols for monitoring of 
        pollutants and contaminants discharged to the environment;
            (3) identify and develop methodologies for assessing and 
        reducing risks to natural ecosystems;
            (4) develop and improve methodologies for the assessment of 
        noncancer risks and the integrated assessment of cancer and 
        noncancer risks; and
            (5) develop improved methodologies for evaluating the 
        benefits, both quantitatively and qualitatively, of 
        environmental protection activities, including improved methods 
        to account for long-term environmental effects in the Agency's 
        economic analysis.

SEC. 12. LEAD RESEARCH PROGRAM.

    (a) Establishment of Program.--The Administrator shall establish a 
program to conduct research, including laboratory research in a 
controlled setting, on lead, in furtherance of laws regulating human 
exposure. The research shall also include the following:
            (1) Research on state-of-the-art technologies for detecting 
        and measuring lead levels in soil, dust, and other 
        environmental media.
            (2) Research on short-term and long-term cost-effective 
        technologies for the removal of lead-based paint and in-place 
        management techniques. Such research shall address the relative 
        risk of, and the environmental protection afforded by, various 
        options to remove or otherwise ameliorate the toxic effects of 
        lead-based paint, including the potential adverse effects of 
        removal, compared to other lead abatement methods.
            (3) A long-term research study of environmentally 
        compatible methods for, and costs of, permanent disposal, 
        recycling, or recovery of lead in lead-contaminated soil, dust, 
        or other environmental media.
            (4) A long-term research study, in cooperation with other 
        appropriate agencies, to examine the effectiveness of lead 
        abatement activities.
    (b) Consultation With Other Federal Agencies.--The Administrator 
shall consult with the heads of other appropriate Federal agencies with 
respect to the conduct of the research specified in subsection (a).
    (c) Authorization of Appropriations.--Of amounts authorized to be 
appropriated under section 2, there are authorized to be appropriated 
to the Administrator $2,400,000 to carry out activities under this 
section.

SEC. 13. RISK ASSESSMENT RESEARCH PRIORITIES.

    (a) Identification of Priority Risk Assessment Research Issues.--
            (1) Report.--Within six months after the date of the 
        enactment of this Act, the Administrator shall submit to the 
        Congress a report that identifies at least 10 environmental 
        research issues--
                    (A) correlating to the environmental hazards which 
                the Administrator estimates to be in the category of 
                highest risk;
                    (B) regarding which there are, as determined by the 
                Administrator, significant scientific uncertainties 
                with respect to the assessment of such environmental 
                risks; and
                    (C) with respect to which such uncertainties could 
                be significantly reduced through research.
            (2) Contents of report.--In addition to the identification 
        required by paragraph (1), the report referred to in such 
        paragraph shall include--
                    (A) an assessment of the research that has been, or 
                is being, conducted by the Environmental Protection 
                Agency with respect to each issue identified under such 
                paragraph;
                    (B) an identification, with respect to each such 
                issue, of the significant scientific uncertainties that 
                exist with respect to the assessment of the 
                environmental risks posed by the issue;
                    (C) an identification of the research that needs to 
                be conducted by the Environmental Protection Agency to 
                reduce significantly such scientific uncertainties, the 
                time it will take to conduct such research, and the 
                cost of such research; and
                    (D) a list that identifies such issues in order of 
                the priority in which such research should be conducted 
                and includes the reasons for that priority.
    (b) Research Program.--
            (1) In general.--The Administrator shall carry out a 
        research program within the Office of Research and Development 
        to reduce the scientific uncertainties with respect to the 
        assessment of the environmental risks posed by the issues 
        identified under subsection (a). In conducting the research, 
        the Administrator shall consider the priority list referred to 
        in subsection (a)(2)(D).
            (2) Economic impact assessment.--As part of the research 
        program conducted under paragraph (1), the Administrator shall 
        conduct research to improve the methodologies used to assess 
        the economic impact of technologies developed as a result of 
        such research program.
            (3) Effect on other authorization.--Nothing in this section 
        shall affect amounts authorized for fiscal year 1994 for other 
        research activities of the Environmental Protection Agency as 
        authorized by any other law.
    (c) Budget Coordination.--In the first budget submitted by the 
President to the Congress immediately following the submission required 
by subsection (a), and in the next four budgets submitted immediately 
after such budget, the Administrator shall include a report that 
identifies the research conducted by the Administrator in accordance 
with the priority list referred to in subsection (a)(2)(D).

SEC. 14. REPORT ON OPPORTUNITIES FOR DEFENSE TECHNOLOGY TRANSFER IN 
              DEVELOPMENT OF ENVIRONMENTALLY SENSITIVE PRODUCTS.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the Congress a 
report, prepared by the Office of Research and Development, that 
identifies opportunities for the technology transfer of defense-related 
research for environmental applications. The report shall include 
information on the development of environmentally sensitive products 
and processes that have dual-use or commercial application, such as--
            (1) the reduced use of toxic, hazardous, and 
        environmentally damaging substances;
            (2) the development and employment of substitutes for such 
        substances; and
            (3) the reduction of emissions and waste generation in 
        product design, manufacture, and maintenance in relevant areas 
        of technology.
    (b) Consultation.--In preparing the report required under 
subsection (a), the Administrator shall consult with the heads of 
appropriate Federal agencies to identify the production and design 
capabilities that are applicable to the development of products and 
processes described in such subsection.
    (c) Definition.--For purposes of this section, the term ``defense-
related research for environmental applications'' means research funded 
by the Department of Defense to mitigate the environmental impact of 
activities carried out for military purposes.

SEC. 15. FINANCIAL ASSISTANCE FOR RESEARCH ON DRINKING WATER 
              DISINFECTION.

    (a) In General.--Subject to subsection (b), the Administrator may 
enter into a cooperative agreement with a non-Government research 
foundation to conduct research on the disinfection of drinking water, 
including research on disinfection byproducts in drinking water. Of 
amounts authorized to be appropriated under section 2, there are 
authorized to be appropriated to the Administrator for fiscal year 1994 
not more than $2,000,000 to carry out this section.
    (b) Funding Limitation.--The research referred to in subsection (a) 
may not be conducted unless the Administrator receives from such 
foundation and provides for such research for fiscal year 1994 an 
amount that equals at least 50 percent of the total funding for the 
research.

SEC. 16. INVESTIGATION OF CONTRACT PRACTICES.

    (a) In General.--
            (1) Arrangement for preparation of study.--Not later than 
        six months after the date of the enactment of this Act, the 
        Administrator shall, consistent with applicable provisions of 
        Federal procurement law, enter into an arrangement with a 
        private entity to prepare a study on, and recommendations 
        regarding, the acquisition and assistance management practices 
        of the Office of Research and Development.
            (2) Criteria for selection of entity.--The private entity 
        with which the Administrator enters into an arrangement under 
        paragraph (1) is a business, legal, or environmental 
        organization which, as determined by the Administrator--
                    (A) has substantial experience in Federal 
                acquisition and assistance management procedures and 
                regulations;
                    (B) has sufficient financial and labor capabilities 
                to adequately carry out the duties of the entity under 
                the arrangement referred to in paragraph (1); and
                    (C) is not subject to any conflicts of interest 
                which would impair the ability of the entity to carry 
                out its duties under such arrangement.
    (b) Contents of Study.--The study prepared pursuant to subsection 
(a) shall include the following:
            (1) A summary of the investigations and audits of the 
        acquisition and assistance management practices of the Office 
        of Research and Development conducted by the Office of the 
        Inspector General of the Environmental Protection Agency since 
        1985.
            (2) A summary of the policies and programs implemented by 
        the Environmental Protection Agency since 1985 relating to 
        acquisition and assistance management by the Office of Research 
        and Development, with emphasis on any policy or program 
        implemented in connection with, or as a result of, an 
        investigation or audit by the Office of Inspector General of 
        the Environmental Protection Agency or any other entity.
            (3) An analysis of the acquisition and assistance 
        management practices and procedures of the Office of Research 
        and Development, including an analysis of the following:
                    (A) The adequacy of Office of Research and 
                Development statements of work, assignments, technical 
                directives, and similar control mechanisms, including 
                the adequacy of the review of such statements and the 
                amount of detail provided in such statements.
                    (B) The adequacy of the mechanisms for authorizing 
                and reviewing contract charges and invoices, including 
                mechanisms for independently verifying that such 
                charges and invoices are reasonable and supportable.
                    (C) The level of actual competition in competitive 
                bidding for contracts.
                    (D) The overall distribution of contracts by the 
                Office of Research and Development and any reliance on 
                particular contractors that may result from such 
                distribution.
                    (E) The adequacy of the Office of Research and 
                Development staffing qualifications and training with 
                respect to acquisition and assistance management.
                    (F) Specific recommendations of the entity 
                regarding management practices and internal controls to 
                remedy problems in acquisition and assistance 
                management practices of the Office of Research and 
                Development exposed as a result of the study.
                    (G) An estimate of the cost and effectiveness of 
                carrying out the recommendations provided in 
                subparagraph (F).
    (c) Reports.--
            (1) Report to the administrator.--Not later than one year 
        after the date the Administrator enters into an arrangement 
        with a private entity under subsection (a), the private entity 
        shall submit to the Administrator the study prepared pursuant 
        to such subsection.
            (2) Report to congress.--Not later than two weeks after the 
        Administrator receives the study required to be submitted under 
        paragraph (1), the Administrator shall submit the study to the 
        Congress together with any comments of the Administrator with 
        respect to the report.
    (d) Funding.--Of amounts authorized to be appropriated under 
section 2, there are authorized to be appropriated to the Administrator 
not more than $500,000 to carry out this section.

SEC. 17. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of Congress that any 
recipient of a grant under this Act, or under any amendment made by 
this Act, should purchase, when available and cost-effective, American 
made equipment and products when expending grant monies.
    (b) Notice to Recipients of Assistance.--In allocating grants under 
this Act, or under any amendment made by this Act, the Secretary shall 
provide to each recipient a notice describing the statement made in 
subsection (a) by the Congress.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

                      By Dallas L. Dendy, Jr.,

                                                Assistant to the Clerk.

HR 1994 RFS----2