[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1994 Reported in House (RH)]

                                                 Union Calendar No. 207

103d CONGRESS

  1st Session

                               H. R. 1994

                          [Report No. 103-376]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 18, 1993

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 207
103d CONGRESS
  1st Session
                                H. R. 1994

                          [Report No. 103-376]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 1993

Mr. Valentine introduced the following bill; which was referred to the 
              Committee on Science, Space, and Technology

                           November 18, 1993

            Additional sponsors: Mrs. Morella and Mr. Klein

                           November 18, 1993

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 5, 
                                 1993]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for environmental research, development, 
    and demonstration for fiscal years 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 environmental research, 
        development, and demonstration activities and for program 
        management and support of the Office of Research and 
        Development.
            (2) Authorizations of programs and activities.--Of the 
        amount authorized in paragraph (1) for fiscal year 1994, 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, $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.--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 (P.L. 99-499; 100 
        Stat. 1613).
    (b) Limitation on Closing Offices and Reductions-in-Force.--The 
Administrator shall not close any field station, regional office, 
laboratory, or other research center, or permit any 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.--Notwithstanding any other 
provision of this Act, no funds are authorized to be appropriated for 
any fiscal year after fiscal year 1994 for carrying out the programs 
and activities for which funds are authorized by this Act, or the 
amendments made by this Act.
    (e) Limitation on Obligation of Unauthorized Appropriations.--
            (1) Limitation.--Except as provided in paragraph (2), no 
        funds appropriated for research, development, and demonstration 
        activities of the Environmental Protection Agency may be 
        obligated unless the funds are specifically authorized for such 
        activities under this Act or any other authorization Act.
            (2) Continuing authority.--The Administrator may, during a 
        fiscal year, obligate funds appropriated for an activity 
        described in paragraph (1) that have not been authorized by 
        this Act or any other authorization Act in an amount that does 
        not exceed the lesser of--
                    (A) the amount of funds appropriated for the 
                activity in the fiscal year preceding such fiscal year; 
                or
                    (B) ninety percent of the amount of funds 
                appropriated for the activity in such fiscal year.
            (3) Definition.--For purposes of this subsection--
                    (A) the term ``authorization Act'' means an Act 
                which provides for the authorization of appropriations 
                for research, development, and demonstration activities 
                of the Environmental Protection Agency, except that 
                such term does not include general or supplemental 
                appropriations Acts or any other Act which provides for 
                budget authority; and
                    (B) the term ``budget authority'' has the same 
                meaning given such term in section 3(2) of the 
                Congressional Budget and Impoundment Act of 1974.

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 separately identified research programs consisting of 
fundamental ecological, health, and risk reduction research. 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 risks to human 
health and the environment, 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 
comprehensive, long-term environmental monitoring, data collection, and 
data analysis as a means of assessing and responding to the current and 
long-term status and trends of the ecological resources of the United 
States.
    (b) Coordination.--The Administrator shall coordinate the 
Environmental Monitoring and Assessment Program activities 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 any 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 a 
modernization program designed to identify, acquire, and maintain 
modern buildings, facilities, supplies, and equipment needed to conduct 
high quality research. In carrying out this section, the Administrator 
shall ensure that such buildings, facilities, supplies, and equipment 
shall at a minimum meet 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--
            (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 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, the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate. 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) Concurrent Submission to Congress.--Any report required by law 
to be submitted by the Science Advisory Board to the Administrator 
shall be concurrently submitted to the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee on 
Environment and Public Works in the Senate.

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 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 Agency's 
research, development, and demonstration efforts. The Administrator may 
establish and maintain resources necessary to advance such technology 
transfer and information exchange program.

SEC. 11. RESEARCH TO SUPPORT THE EVALUATION OF HEALTH AND ECOLOGICAL 
              RISK.

    (a) Establishment.--The Administrator shall establish a separately 
identified research program designed to improve the capability of the 
Environmental Protection Agency to identify, assess, and compare risks 
to public health and natural ecosystems 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 
        risks to public health and natural ecosystems, including risks 
        resulting from contamination of different environmental media;
            (2) facilitate the 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 to public health and the integrated assessment 
        of cancer and noncancer health risks;
            (5) support any other activities of the Environmental 
        Protection Agency relating to the identification, assessment, 
        or comparison of risks to public health and natural ecosystems 
        resulting from contamination of the environment; and
            (6) develop improved methodologies for evaluating the 
        benefits, both quantitatively and qualitatively, of ecological 
        protection activities, including improved methods to value 
        natural resources and to account for long-term environmental 
        effects in the Agency's economic analysis.

SEC. 12. BIOLOGICAL DIVERSITY RESEARCH.

    The Administrator shall, from funds authorized in section 2, 
conduct a program of fundamental research on, and monitoring of, 
natural and human-generated impacts on biological diversity. The 
program shall be conducted in consultation with the heads of other 
appropriate Federal agencies and a biodiversity research council 
established by the Administrator. The research may include--
            (1) assessments of relevant species or populations;
            (2) assessments of biological diversity trends;
            (3) technologies to identify and assess the effects of 
        environmental pollution and perturbation, compared to the 
        effects of natural occurrences, on biological diversity; and
            (4) assessments of cost-effective strategies to mitigate 
        such effects.

SEC. 13. 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. The research shall also include the 
following:
            (1) Research on state-of-the-art technologies for detecting 
        lead in paint films and dust.
            (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 ameliorate the toxic effects of lead-based 
        paint.
            (3) A long-term research study in environmentally 
        compatible methods for permanent disposal, recycling, or 
        recovery of lead in lead contamination.
            (4) A long-term research study to improve techniques to 
        measure lead levels, including levels of lead in soil and dust. 
        The study shall examine current and proposed methods and 
        technologies to measure lead exposure hazards.
            (5) A long-term research study to examine the results of 
        lead abatement activities. The study shall evaluate the 
        effectiveness of such activities and shall include the long-
        term monitoring of post-abatement lead exposure of children and 
        adults.
    (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. 14. 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; and
                    (D) a list that identifies such issues in order of 
                the priority in which such research should be 
                conducted.
    (b) Research Program.--
            (1) In general.--The Administrator shall carry out a 
        research program to reduce the scientific uncertainties with 
        respect to the assessment of the environmental risks posed by 
        the issues identified under subsection (a). The research shall 
        be conducted in accordance with 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.
    (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. 15. 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 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. 16. 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. 17. INVESTIGATION OF CONTRACT PRACTICES.

    (a) In General.--
            (1) Arrangement for preparation of study.--Not later than 
        September 30, 1993, the Administrator shall 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 Environmental 
        Protection Agency and 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 Environmental 
        Protection Agency, including an analysis of the following:
                    (A) The adequacy of Environmental Protection Agency 
                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 
                Environmental Protection Agency and any reliance on 
                particular contractors that may result from such 
                distribution.
                    (E) The adequacy of Environmental Protection Agency 
                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 Environmental Protection 
                Agency 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. 18. 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.
            Amend the title so as to read: ``A bill to authorize 
        appropriations for environmental research, development, and 
        demonstration for fiscal year 1994, and for other purposes.''.
HR 1994 RH----2
HR 1994 RH----3