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





                                                  Union Calendar No. 93

105th CONGRESS

  1st Session

                               H. R. 1276

                  [Report No. 105-99, Parts I and II]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 26, 1997

Reported from the Committee on Commerce with an amendment, committed to 
the Committee of the Whole House on the State of the Union, and ordered 
                             to be printed





                                                  Union Calendar No. 93
105th CONGRESS
  1st Session
                                H. R. 1276

                  [Report No. 105-99, Parts I and II]

  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

                              May 16, 1997

Reported with an amendment, referred to the Committee on Commerce for a 
 period ending not later than June 20, 1997, for consideration of such 
provisions of the bill and amendment as fall within the jurisdiction of 
             that committee pursuant to clause 1(e), rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             June 20, 1997

Referral to the Committee on Commerce extended for a period ending not 
                        later than June 26, 1997

                             June 26, 1997

Additional sponsors: Mr. Brown of California, Ms. Jackson-Lee of Texas, 
                             and Mr. Ehlers

                             June 26, 1997

Reported from the Committee on Commerce with an amendment, 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 boldface roman]
 [For text of introduced bill, see copy of bill as introduced on April 
                               10, 1997]

_______________________________________________________________________

                                 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 $481,064,800 for fiscal year 1998 and $494,806,500 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, 
        $81,898,900 for fiscal year 1998 and $84,355,800 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) $16,408,200 for fiscal year 1998 and 
                $16,900,400 for fiscal year 1999 shall be available for 
                climate change research;
                    (F) $2,389,900 for fiscal year 1998 and $2,461,600 
                for fiscal year 1999 shall be available for indoor 
                environment research;
                    (G) $4,147,100 for fiscal year 1998 and $4,271,500 
                for fiscal year 1999 shall be available for radiation 
                research; and
                    (H) $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, 
        $401,278,500 for fiscal year 1998 and $412,626,600 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) $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;
                    (E) $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;
                    (F) $53,626,000 for fiscal year 1998 and 
                $55,234,800 for fiscal year 1999 shall be available for 
                human health protection research;
                    (G) $15,872,900 for fiscal year 1998 and 
                $16,349,100 for fiscal year 1999 shall be available for 
                special environmental hazards research;
                    (H) $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
                    (I) $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.
Notwithstanding paragraphs (1) through (6), the total amount which may 
be appropriated under this subsection shall not exceed the overall sums 
stated in subsection (a).
    (c) Additional Authorizations.--There are authorized to be 
appropriated to the Administrator--
            (1) for criteria air pollutants research by the Office of 
        Research and Development, $75,163,100 for fiscal year 1998 and 
        $77,418,000 for fiscal year 1999, including--
                    (A) $50,000,000 for fiscal year 1998 and 
                $51,500,000 for fiscal year 1999 for particulate matter 
                research; and
                    (B) $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;
            (2) for drinking water research by the Office of Research 
        and Development, $39,467,600 for fiscal year 1998 and 
        $40,651,600 for fiscal year 1999;
            (3) for oil pollution related research, $1,017,200 for 
        fiscal year 1998 and $1,047,700 for fiscal year 1999;
            (4) for research related to leaking underground storage 
        tanks, $693,600 for fiscal year 1998 and $714,400 for fiscal 
        year 1999; and
            (5) 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.--Other than amounts awarded through a competitive 
process, or as specifically authorized by an Act other than a general 
appropriations Act, no funds are authorized to be appropriated by this 
Act for--
            (1) the North Dakota Center for Air Toxic Metals Research;
            (2) Oil Spill Restoration at the Louisiana Environmental 
        Research Center;
            (3) the Mine Waste Technology Program;
            (4) Livestock and Agriculture Pollution Abatement;
            (5) Resource and Agriculture Policy Development;
            (6) San Joaquin Valley PM-10 Study;
            (7) the Clean Air Status and Trends Network (CASNET) 
        monitoring station in New England;
            (8) the National Decentralized Water Resources Capacity 
        Project;
            (9) the Lung Disease Study by the National Jewish Center;
            (10) the Lower Mississippi River Cancer Study; or
            (11) the Northern Iowa Small Business Pollution Prevention 
        Center.
    (e) Transboundary Pollution Research.--From funds appropriated 
pursuant to this Act, $1,000,000 are authorized to be appropriated to 
the Administrator for each of the fiscal years 1998 and 1999 to support 
the United States-Mexico Foundation for Science for research related to 
environmental issues in the United States-Mexico transboundary region, 
including the Salton Sea.

SEC. 4. SCIENTIFIC RESEARCH REVIEW.

    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.

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.

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) 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.
    (d) Authorization.--There are authorized to be appropriated to the 
Administrator $2,418,300 for fiscal year 1998 and $2,490,800 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.

SEC. 10. BUY AMERICAN.

    (a) Compliance With Buy American Act.--No funds appropriated 
pursuant to this Act may be expended by an entity unless the entity 
agrees that in expending the assistance the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress.--In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of Congress that entities 
receiving such assistance should, in expending the assistance, purchase 
only American-made equipment and products.
    (c) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Administrator shall provide to each 
recipient of the assistance a notice describing the statement made in 
subsection (a) by the Congress.

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 for the Office of Research and Development in the 
Environmental Protection Agency for environmental research and 
development activities not authorized under other authority of law, 
$401,278,500 for fiscal year 1998 and $412,626,600 for fiscal year 
1999, of which--
                    (1) $105,457,900 for fiscal year 1998 and 
                $108,621,600 for fiscal year 1999 shall be available 
                for ecosystem protection research;
                    (2) $14,138,600 for fiscal year 1998 and 
                $14,562,800 for fiscal year 1999 shall be available for 
                global change research;
                    (3) $19,871,100 for fiscal year 1998 and 
                $20,467,200 for fiscal year 1999 shall be available for 
                air toxics research;
                    (4) $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;
                    (5) $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;
                    (6) $53,626,000 for fiscal year 1998 and 
                $55,234,800 for fiscal year 1999 shall be available for 
                human health protection research;
                    (7) $15,872,900 for fiscal year 1998 and 
                $16,349,100 for fiscal year 1999 shall be available for 
                special environmental hazards research;
                    (8) $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
                    (9) $141,482,300 for fiscal year 1998 and 
                $145,036,500 for fiscal year 1999 shall be available 
                for science quality and infrastructure research.
    (b) Pesticides.--For pesticide registration activities, $1,546,299 
for fiscal year 1998 and $1,592,600 for fiscal year 1999, and for 
pesticide reregistration activities, $1,889,800 for fiscal year 1998 
and $1,946,500 for fiscal year 1999.
    (c) Limitations.--Other than amounts awarded through a competitive 
process, or as specifically authorized by an Act other than a general 
appropriations Act, no funds are authorized to be appropriated by this 
Act for any of the following:
            (1) Oil Spill Restoration at the Louisiana Environmental 
        Research Center.
            (2) The Mine Waste Technology Program.
            (3) Livestock and Agriculture Pollution Abatement.
            (4) Resource and Agriculture Policy Development.
            (5) The National Decentralized Water Resources Capacity 
        Project.
    (d) Additional Authorizations.--There are authorized to be 
appropriated to the Administrator for environmental research and 
development activities not authorized under other authority of law--
            (1) for oil pollution related research, $1,017,200 for 
        fiscal year 1998 and $1,047,700 for fiscal year 1999; and
            (2) 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.
    (e) Transboundary Pollution Research.--From funds appropriated 
pursuant to this Act, $1,000,000 are authorized to be appropriated to 
the Administrator for each of the fiscal years 1998 and 1999 to support 
the United States-Mexico Foundation for Science for research related to 
environmental issues in the United States-Mexico transboundary region, 
including the Salton Sea.

SEC. 4. SCIENTIFIC RESEARCH REVIEW.

    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 
        research and development planning activities; and
            (3) reviewing all Agency research to determine whether the 
        research--
                    (A) is of high quality; and
                    (B) does not duplicate any other research being 
                conducted by the Agency.

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 activities of the Environmental Protection Agency.

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) 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.
    (d) 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) 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. Such term does not include a cooperative agreement 
        (as such term is used in section 6305 of title 31, United 
        States Code) or a cooperative research and development 
        agreement (as such term is defined in section 12(d)(1) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1))).

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.

SEC. 10. BUY AMERICAN.

    (a) Compliance With Buy American Act.--No funds appropriated 
pursuant to this Act may be expended by an entity unless the entity 
agrees that in expending the assistance the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress.--In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of Congress that entities 
receiving such assistance should, in expending the assistance, purchase 
only American-made equipment and products.
    (c) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Administrator shall provide to each 
recipient of the assistance a notice describing the statement made in 
subsection (a) by the Congress.