[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1276 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H.R. 1276

  To authorize appropriations for fiscal years 1998 and 1999 for the 
      research, development, and demonstration activities of the 
        Environmental Protection Agency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 1997

 Mr. Calvert introduced the following bill; which was referred to the 
                          Committee on Science

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 1998 and 1999 for the 
      research, development, and demonstration activities of the 
        Environmental Protection Agency, 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 1997''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
            (2) ``Agency'' means the Environmental Protection Agency; 
        and
            (3) ``Assistant Administrator'' means the Assistant 
        Administrator for Research and Development of the Agency.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Administrator $595,695,500 for fiscal year 1998 and $612,876,100 for 
fiscal year 1999 for Science and Technology activities, including 
program management and support, in the areas specified in subsection 
(b).
    (b) Specific Programs and Activities.--Of the amounts authorized in 
subsection (a), there are authorized to be appropriated the following:
            (1) For administration and resource management, $227,700 
        for fiscal year 1998 and $234,500 for fiscal year 1999.
            (2) For research in the Office of Air and Radiation, 
        $65,490,700 for fiscal year 1998 and $67,455,400 for fiscal 
        year 1999, of which--
                    (A) $43,183,300 for fiscal year 1998 and 
                $44,478,800 for fiscal year 1999 shall be available for 
                ozone, carbon monoxide, and nitrogen oxides research;
                    (B) $6,741,200 for fiscal year 1998 and $6,943,400 
                for fiscal year 1999 shall be available for particulate 
                matter, visibility, and haze research;
                    (C) $4,249,200 for fiscal year 1998 and $4,376,700 
                for fiscal year 1999 shall be available for air toxics 
                research;
                    (D) $4,000,000 for fiscal year 1998 and $4,120,000 
                for fiscal year 1999 shall be available for acid rain 
                research;
                    (E) $2,389,900 for fiscal year 1998 and $2,461,600 
                for fiscal year 1999 shall be available for indoor 
                environment research;
                    (F) $4,147,100 for fiscal year 1998 and $4,271,500 
                for fiscal year 1999 shall be available for radiation 
                research; and
                    (G) $780,000 for fiscal year 1998 and $803,400 for 
                fiscal year 1999 shall be available for the working 
                capital fund to support the National Vehicle and Fuel 
                Emissions Laboratory in Ann Arbor, Michigan, the 
                National Air and Radiation Environmental Laboratory in 
                Montgomery, Alabama, and the Radiation and Indoor 
                Environments National Laboratory in Las Vegas, Nevada.
            (3) For enforcement and compliance assurance at the 
        National Enforcement Investigation Center, $8,893,100 for 
        fiscal year 1998 and $9,159,900 for fiscal year 1999.
            (4) For prevention, pesticides, and toxic substances, 
        $3,436,000 for fiscal year 1998 and $3,539,100 for fiscal year 
        1999, of which--
                    (A) $1,546,200 for fiscal year 1998 and $1,592,600 
                for fiscal year 1999 shall be available for 
                registration activities; and
                    (B) $1,889,800 for fiscal year 1998 and $1,946,500 
                for fiscal year 1999 shall be available for 
                reregistration activities.
            (5) For the Office of Research and Development, 
        $515,902,200 for fiscal year 1998 and $530,696,200 for fiscal 
        year 1999, of which--
                    (A) $105,457,900 for fiscal year 1998 and 
                $108,621,600 for fiscal year 1999 shall be available 
                for ecosystem protection research;
                    (B) $14,138,600 for fiscal year 1998 and 
                $14,562,800 for fiscal year 1999 shall be available for 
                global change research;
                    (C) $19,871,100 for fiscal year 1998 and 
                $20,467,200 for fiscal year 1999 shall be available for 
                air toxics research;
                    (D) $75,163,100 for fiscal year 1998 and 
                $77,418,000 for fiscal year 1999 shall be available for 
                criteria air pollutants research, including--
                            (i) $50,000,000 for fiscal year 1998 and 
                        $51,500,000 for fiscal year 1999 for 
                        particulate matter research; and
                            (ii) $18,700,000 for fiscal year 1998 and 
                        $19,260,000 for fiscal year 1999 for ozone 
                        research, including study of the transportation 
                        of ozone and ozone precursors on a national 
                        scale;
                    (E) $39,467,600 for fiscal year 1998 and 
                $40,651,600 for fiscal year 1999 shall be available for 
                drinking water research;
                    (F) $3,344,800 for fiscal year 1998 and $3,445,100 
                for fiscal year 1999 shall be available for waste, 
                site, and risk characterization research;
                    (G) $5,448,900 for fiscal year 1998 and $5,612,400 
                for fiscal year 1999 shall be available for waste 
                management and site remediation research;
                    (H) $53,626,000 for fiscal year 1998 and 
                $55,234,800 for fiscal year 1999 shall be available for 
                human health protection research;
                    (I) $15,872,900 for fiscal year 1998 and 
                $16,349,100 for fiscal year 1999 shall be available for 
                special environmental hazards research;
                    (J) $42,036,000 for fiscal year 1998 and 
                $43,297,100 for fiscal year 1999 shall be available for 
                new technology and pollution prevention research; and
                    (K) $141,482,300 for fiscal year 1998 and 
                $145,036,500 for fiscal year 1999 shall be available 
                for science quality and infrastructure research.
            (6) For the Drinking Water Technical Support Center, 
        $1,738,800 for fiscal year 1998 and $1,791,000 for fiscal year 
        1999.
    (c) Additional Authorizations.--There are authorized to be 
appropriated to the Administrator--
            (1) for oil pollution related research, $1,017,200 for 
        fiscal year 1998 and $1,047,700 for fiscal year 1999;
            (2) for research related to leaking underground storage 
        tanks, $693,600 for fiscal year 1998 and $714,400 for fiscal 
        year 1999; and
            (3) for research related to the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980, $39,755,900 
        for fiscal year 1998 and $40,948,600 for fiscal year 1999.
    (d) Limitations.--(1) No funds are authorized to be appropriated by 
this Act for--
            (A) the Environmental Technology Initiative;
            (B) the Climate Change Action Plan; or
            (C) Indoor Air Research.
    (2) Other than amounts awarded through a competitive process, no 
funds are authorized to be appropriated by this Act for--
            (A) the North Dakota Center for Air Toxic Metals Research;
            (B) the American Water Works Association Research 
        Foundation;
            (C) the Association of California Water Agencies;
            (D) the Water Environmental Research Foundation;
            (E) the Experimental Program to Stimulate Cooperative 
        Research (EPSCoR);
            (F) Oil Spill Restoration at the Louisiana Environmental 
        Research Center;
            (G) the Mine Waste Technology Program;
            (H) Livestock and Agriculture Pollution Abatement;
            (I) Resource and Agriculture Policy Development;
            (J) San Joaquin Valley PM-10 Study;
            (K) the Mickey Leland National Urban Air Toxics Research 
        Center;
            (L) the Gulf Coast Hazardous Substances Research Center;
            (M) the Salinity of the Salton Sea Study at the University 
        of Redlands;
            (N) the Clean Air Status and Trends Network (CASNET) 
        monitoring station in New England;
            (O) the National Decentralized Water Resources Capacity 
        Project;
            (P) the Lung Disease Study by the National Jewish Center;
            (Q) the Lower Mississippi River Cancer Study; or
            (R) the Northern Iowa Small Business Pollution Prevention 
        Center.

SEC. 4. SCIENTIFIC RESEARCH REVIEW.

    (a) In General.--The Administrator shall assign to the Assistant 
Administrator the duties of--
            (1) developing a strategic plan for scientific and 
        technical research activities throughout the Agency;
            (2) integrating that strategic plan into ongoing Agency 
        planning activities; and
            (3) reviewing all Agency research to ensure the research--
                    (A) is of high quality; and
                    (B) does not duplicate any other research being 
                conducted by the Agency.
    (b) Report.--The Assistant Administrator shall transmit annually to 
the Administrator and to the Committee on Science of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) all Agency research the Assistant Administrator finds 
        is not of sufficiently high quality; and
            (2) all Agency research the Assistant Administrator finds 
        duplicates other Agency research.

SEC. 5. GRADUATE STUDENT FELLOWSHIPS.

    In carrying out the graduate student fellowship program for which 
funds are authorized to be appropriated by this Act, the Administrator 
shall ensure that any fellowship award to a student selected after the 
date of the enactment of this Act is used only to support scientific 
research that would further missions of the Office of Research and 
Development in fields in which there exists or is projected to exist a 
shortage in the number of scientists.

SEC. 6. 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 and shall include the results of such 
review in the annual report required by subsection (a).
    (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.
    (e) Authorization.--There are authorized to be appropriated to the 
Administrator $2,418,300 for fiscal year 1998 and $2,490,800 for fiscal 
year 1999 for activities of the Science Advisory Board.

SEC. 7. LIMITATIONS.

    (a) Prohibition of Lobbying Activities.--None of the funds 
authorized by this Act shall be available for any activity whose 
purpose is to influence legislation pending before the Congress, except 
that this subsection shall not prevent officers or employees of the 
United States or of its departments or agencies from communicating to 
Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.
    (b) Limitation on Appropriations.--Notwithstanding any other 
provision of law, no sums are authorized to be appropriated for fiscal 
years 1998 and 1999 for the activities for which sums are authorized by 
this Act, unless such sums are specifically authorized to be 
appropriated by this Act.
    (c) Eligibility for Awards.--
            (1) In general.--The Administrator shall exclude from 
        consideration for grant agreements made by the Agency after 
        fiscal year 1997 any person who received funds, other than 
        those described in paragraph (2), appropriated for a fiscal 
        year after fiscal year 1997, under a grant agreement from any 
        Federal funding source for a project that was not subjected to 
        a competitive, merit-based award process. Any exclusion from 
        consideration pursuant to this subsection shall be effective 
        for a period of 5 years after the person receives such Federal 
        funds.
            (2) Exception.--Paragraph (1) shall not apply to the 
        receipt of Federal funds by a person due to the membership of 
        that person in a class specified by law for which assistance is 
        awarded to members of the class according to a formula provided 
        by law.
            (3) Definition.--For purposes of this subsection, the term 
        ``grant agreement'' means a legal instrument whose principal 
        purpose is to transfer a thing of value to the recipient to 
        carry out a public purpose of support or stimulation authorized 
        by a law of the United States, and does not include the 
        acquisition (by purchase, lease, or barter) of property or 
        services for the direct benefit or use of the United States 
        Government.

SEC. 8. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized by this Act 
are subject to a reprogramming action that requires notice to be 
provided to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall 
concurrently be provided to the Committees on Science, Commerce, and 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate.
    (b) Notice of Reorganization.--The Administrator shall provide 
notice to the Committees on Science, Commerce, Transportation and 
Infrastructure, and Appropriations of the House of Representatives, and 
the Committees on Environment and Public Works and Appropriations of 
the Senate, not later than 15 days before any major reorganization of 
any program, project, or activity of the Agency.

SEC. 9. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 fast approaching, it is the sense of Congress 
that the Environmental Protection Agency should--
            (1) give high priority to correcting all 2-digit date-
        related problems in its computer systems to ensure that those 
        systems continue to operate effectively in the year 2000 and 
        beyond;
            (2) assess immediately the extent of the risk to the 
        operations of the Environmental Protection Agency posed by the 
        problems referred to in paragraph (1), and plan and budget for 
        achieving Year 2000 compliance for all of its mission-critical 
        systems; and
            (3) develop contingency plans for those systems that the 
        Environmental Protection Agency is unable to correct in time.
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