[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1742 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1742

  To authorize appropriations for fiscal years 2000 and 2001 for the 
 environmental and scientific research, development, and demonstration 
   programs, projects, and activities of the Office of Research and 
Development and Science Advisory Board of the Environmental Protection 
                    Agency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 1999

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

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 2000 and 2001 for the 
 environmental and scientific research, development, and demonstration 
   programs, projects, and activities of the Office of Research and 
Development and Science Advisory Board 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 Protection Agency 
Office of Research and Development and Science Advisory Board 
Authorization Act of 1999''.

SEC. 2. DEFINITIONS.

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

SEC. 3. OFFICE OF RESEARCH AND DEVELOPMENT.

    (a) In General.--There are authorized to be appropriated to the 
Administrator for the Office of Research and Development for 
environmental and scientific research, development, and demonstration 
programs, projects, and activities for which specific sums are not 
authorized under other authority of law $504,022,100 for fiscal year 
2000 and $519,940,600 for fiscal year 2001, to remain available until 
expended, of which--
            (1) $37,300,000 for fiscal year 2000 and $38,419,000 for 
        fiscal year 2001 shall be for environmental and scientific 
        research, development, and demonstration programs, projects, 
        and activities related to the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980, subject to 
        section 9(e) of this Act;
            (2) $1,000,000 for fiscal year 2000 and $1,030,000 for 
        fiscal year 2001 shall be for environmental and scientific 
        research, development, and demonstration programs, projects, 
        and activities related to oil spills;
            (3) $600,000 for fiscal year 2000 and $618,000 for fiscal 
        year 2001 shall be for environmental and scientific research, 
        development, and demonstration programs, projects, and 
        activities related to leaking underground storage tanks; and
            (4) $491,715,100 for fiscal year 2000 and $506,466,600 for 
        fiscal year 2001 shall be for other environmental and 
        scientific research, development, and demonstration programs, 
        projects, and activities of the Office of Research and 
        Development.
    (b) Limitation.--None of the amounts authorized under subsection 
(a) may be obligated until 30 days after the Administrator submits to 
the Committee on Science and the Committee on Appropriations of the 
House of Representatives, and the Committee on Environment and Public 
Works and the Committee on Appropriations of the Senate, a report 
detailing, for fiscal year 2000 and each of the 2 previous fiscal 
years, for all Office of Research and Development environmental and 
scientific research, development, and demonstration programs, projects, 
and activities, by appropriation goal and objectives--
            (1) a description of, and funding requested or allocated 
        for, each such program, project, and activity;
            (2) an identification of all recipients of funds to conduct 
        such programs, projects, and activities; and
            (3) an estimate of the amounts to be expended by each 
        recipient of funds identified under paragraph (2).
    (c) Exclusion.--In the computation of the 30-day period described 
in subsection (b), there shall be excluded any day on which either 
House of Congress is not in session because of an adjournment of more 
than 3 days to a day certain.

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

SEC. 5. SCIENCE TO ACHIEVE RESULTS (STAR) GRADUATE STUDENT FELLOWSHIP 
              PROGRAM.

    In carrying out the Science To Achieve Results (STAR) Graduate 
Student Fellowship Program, 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 environmental and 
scientific research, development, and demonstration programs, projects, 
and activities as described in the Agency's budget. Such report shall 
be submitted to Congress as soon as practicable after the submission of 
the Agency's budget to Congress. The Administrator shall cooperate with 
the Chairperson 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 environmental 
and scientific research, development, and demonstration programs, 
projects, and activities of the 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 Programs, Projects, and Activities.--The 
Science Advisory Board shall annually review the environmental and 
scientific research, development, and demonstration programs, projects, 
and activities of the 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 $2,636,200 for fiscal year 2000 and $2,768,000 for fiscal 
year 2001 for activities of the Science Advisory Board.

SEC. 7. NOTICE.

    (a) Reprogramming.--The Administrator may use for any authorized 
activities of the Office of Research and Development or the Science 
Advisory Board under this Act--
            (1) up to the lesser of $250,000 or 5 percent of the total 
        funding for a fiscal year of an environmental or scientific 
        research, development, or demonstration program, project, or 
        activity of the Office of Research and Development or the 
        Science Advisory Board; or
            (2) after the expiration of 60 days after transmitting to 
        the Committee on Science and the Committee on Appropriations of 
        the House of Representatives, and to the Committee on 
        Environment and Public Works and the Committee on 
        Appropriations of the Senate, a report described in subsection 
        (b), up to 25 percent of the total funding for a fiscal year of 
        an environmental or scientific research, development, or 
        demonstration program, project, or activity of the Office of 
        Research and Development or the Science Advisory Board.
    (b) Report.--(1) The report referred to in subsection (a)(2) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support of 
such proposed action.
    (2) In the computation of the 60-day period under subsection 
(a)(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more than 3 
days to a day certain.
    (c) Limitations.--In no event may funds be used pursuant to 
subsection (a) for an environmental or scientific research, 
development, or demonstration program, project, or activity for which 
funding has been requested to the Congress but which has not been 
funded by the Congress.
    (d) Annual Operating Plan.--The Administrator shall provide 
simultaneously to the Committee on Science and the Committee on 
Appropriations of the House of Representatives, and to the Committee on 
Environment and Public Works and the Committee on Appropriations of the 
Senate, any annual operating plan or other operational funding 
document, including any additions or amendments thereto, provided to 
any committee of Congress.
    (e) Copy of Reports.--In addition to the documents required under 
subsection (d), the Administrator shall provide copies simultaneously 
to the Committee on Science and the Committee on Appropriations of the 
House of Representatives, and to the Committee on Environment and 
Public Works and the Committee on Appropriations of the Senate, of any 
report relating to the environmental or scientific research, 
development, or demonstration programs, projects, or activities of the 
Office of Research and Development or the Science Advisory Board 
prepared at the direction of any committee of Congress.
    (f) Notice of Reorganization.--The Administrator shall provide 
notice to the Committee on Science and the Committee on Appropriations 
of the House of Representatives, and to the Committee on Environment 
and Public Works and the Committee on Appropriations of the Senate, not 
later than 15 days before any major reorganization of any environmental 
or scientific research, development, or demonstration program, project, 
or activity of the Office of Research and Development or the Science 
Advisory Board.

SEC. 8. BUDGET REQUEST FORMAT.

    The Administrator shall provide to the Congress, to be transmitted 
at the same time as the Agency's annual budget request submission, a 
detailed justification for budget authorization for the programs, 
projects, and activities for which funds are authorized by this Act. 
Each such document shall include, for the fiscal year for which funding 
is being requested and for the 2 previous fiscal years--
            (1) a description of, and funding requested or allocated 
        for, each such program, project, and activity;
            (2) an identification of all recipients of funds to conduct 
        such programs, projects, and activities; and
            (3) an estimate of the amounts to be expended by each 
        recipient of funds identified under paragraph (2).
The document required by this section shall be presented in the format 
employed by, and with the level of detail included in, the document 
entitled ``Department of Energy FY 2000 Congressional Budget Request, 
DOE/CR-0062, Volume 3'', dated February 1999.

SEC. 9. LIMITS ON USE OF FUNDS.

    (a) Travel.--Not more than 1 percent of the funds authorized by 
this Act may be used either directly or indirectly to fund travel costs 
of the Agency or travel costs for persons awarded grants, contracts, 
subcontracts, or any other form of financial assistance by the Agency. 
As part of the Agency's annual budget request submission to the 
Congress, the Administrator shall submit a report to the Committee on 
Science and the Committee on Appropriations of the House of 
Representatives, and to the Committee on Environment and Public Works 
and the Committee on Appropriations of the Senate, that identifies--
            (1) the estimated amount of travel costs by the Agency and 
        for persons awarded grants, contracts, subcontracts, or any 
        other form of financial assistance by the Agency for the fiscal 
        year of such budget submission, as well as for the 2 previous 
        fiscal years;
            (2) the major purposes for such travel; and
            (3) the sources of funds for such travel.
    (b) Trade Associations.--No funds authorized by this Act may be 
used either directly or indirectly to fund a grant, contract, 
subcontract, or any other form of financial assistance awarded by the 
Agency to a trade association on a noncompetitive basis. As part of the 
Agency's annual budget request submission to the Congress, the 
Administrator shall submit a report to the Committee on Science and the 
Committee on Appropriations of the House of Representatives, and to the 
Committee on Environment and Public Works and the Committee on 
Appropriations of the Senate, that identifies--
            (1) the estimated amount of funds provided by the Agency to 
        trade associations, by trade association, for the fiscal year 
        of such budget submission, as well as for the 2 previous fiscal 
        years;
            (2) the services either provided or to be provided by each 
        such trade association; and
            (3) the sources of funds for services provided by each such 
        trade association.
    (c) Kyoto Protocol.--None of the funds authorized by this Act may 
be used either directly or indirectly for the purpose of 
implementation, or in preparation for implementation, of the Kyoto 
Protocol which was adopted on December 11, 1997, in Kyoto, Japan, at 
the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, unless it has been ratified by the Senate 
and has entered into force pursuant to article 25 of the Protocol.
    (d) High Performance Computing and Communications (HPCC) Program.--
None of the funds authorized by this Act may be used for the Agency's 
High Performance Computing and Communications (HPCC) Program.
    (e) Environmental Research, Development, and Demonstration 
Project.--Of the amounts authorized under section 3(a)(1), $1,000,000 
for fiscal year 2000 shall be for a field-scale environmental research, 
development, and demonstration project at an existing site for 
remediation of soils contaminated by recalcitrant hydrocarbon and lead 
contaminants using technologies and processes capable of homogenizing 
soil while injecting both oxidizers and catalysts to the degree 
necessary for chemical oxidation to occur and that renders lead 
contaminants essentially inert.

SEC. 10. LIMITATION ON DEMONSTRATIONS.

    The Agency shall provide funding for environmental or scientific 
demonstration programs, projects, or activities of the Office of 
Research and Development or the Science Advisory Board only for 
technologies or processes that are substantially new, and not for 
incremental improvements to technologies that exist in the marketplace, 
except as specifically authorized by this Act.

SEC. 11. FEDERAL ACQUISITION REGULATION.

    (a) Requirement.--None of the funds authorized to be appropriated 
by this Act may be used to award, amend, or modify a contract of the 
Office of Research and Development or the Science Advisory Board in a 
manner that deviates from the Federal Acquisition Regulation, unless 
the Administrator grants, on a case-by-case basis, a waiver to allow 
for such a deviation. The Administrator may not delegate the authority 
to grant such a waiver.
    (b) Congressional Notice.--At least 60 days before a contract 
award, amendment, or modification for which the Administrator intends 
to grant such a waiver, the Administrator shall submit to the Committee 
on Science and the Committee on Appropriations of the House of 
Representatives, and to the Committee on Environment and Public Works 
and the Committee on Appropriations of the Senate, a report notifying 
the committees of the waiver and setting forth the reasons for the 
waiver.

SEC. 12. REQUESTS FOR PROPOSALS.

    None of the funds authorized to be appropriated by this Act may be 
used by the Agency to prepare or initiate Requests for Proposals (RFPs) 
for a program, project, or activity if the program, project, or 
activity has not been specifically authorized by Congress.

SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES.

    None of the funds authorized to be appropriated by this Act may be 
used by any program, project, or activity of the Office of Research and 
Development or the Science Advisory Board to produce or provide 
articles or services for the purpose of selling the articles or 
services to a person outside the Federal Government, unless the 
Administrator determines that comparable articles or services are not 
available from a commercial source in the United States.

SEC. 14. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for grant agreements made after fiscal year 1999 by the Office of 
Research and Development or the Science Advisory Board, under the 
programs, projects, and activities for which funds are authorized under 
this Act, any person who received funds, other than those described in 
subsection (b), appropriated for a fiscal year after fiscal year 1999, 
under a grant agreement from any Federal funding source for a project 
that was not subjected to a competitive, merit-based award process, 
except as specifically authorized by this Act. Any exclusion from 
consideration pursuant to this section shall be effective for a period 
of 5 years after the person receives such Federal funds.
    (b) Exception.--Subsection (a) 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.
    (c) Definition.--For purposes of this section, 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))).
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