[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1743 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1743

  To authorize appropriations for fiscal years 2000 and 2001 for the 
  environmental and scientific and energy research, development, and 
demonstration and commercial application of energy technology programs, 
  projects, and activities of the Office of Air and Radiation 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 and energy research, development, and 
demonstration and commercial application of energy technology programs, 
  projects, and activities of the Office of Air and Radiation 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 Air and Radiation 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 Air and Radiation of the Agency.

SEC. 3. OFFICE OF AIR AND RADIATION.

    (a) In General.--There are authorized to be appropriated to the 
Administrator for the Office of Air and Radiation for environmental and 
scientific and energy research, development, and demonstration and 
commercial application of energy technology programs, projects, and 
activities for which specific sums are not authorized under other 
authority of law $230,116,100 for fiscal year 2000 and $237,019,600 for 
fiscal year 2001, to remain available until expended, of which--
            (1) $124,282,600 for fiscal year 2000 and $128,011,100 for 
        fiscal year 2001 shall be for Science and Technology; and
            (2) $105,833,500 for fiscal year 2000 and $109,008,500 for 
        fiscal year 2001 shall be for the Climate Change Technology 
        Initiative, including--
                    (A) $39,964,000 for fiscal year 2000 and 
                $41,162,900 for fiscal year 2001 for Buildings;
                    (B) $32,702,500 for fiscal year 2000 and 
                $33,683,600 for fiscal year 2001 for Transportation;
                    (C) $19,158,000 for fiscal year 2000 and 
                $19,732,740 for fiscal year 2001 for Industry;
                    (D) $3,400,000 for fiscal year 2000 and $3,502,000 
                for fiscal year 2001 for Carbon Removal;
                    (E) $2,987,000 for fiscal year 2000 and $3,076,600 
                for fiscal year 2001 for State and Local Climate; and
                    (F) $7,622,000 for fiscal year 2000 and $7,850,660 
                for fiscal year 2001 for International Capacity 
                Building.
    (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 Air and Radiation environmental and scientific 
and energy research, development, and demonstration and commercial 
application of energy technology programs, projects, and activities 
authorized under this Act, 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. NOTICE.

    (a) Reprogramming.--The Administrator may use for any authorized 
activities of the Office of Air and Radiation 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 or 
        energy research, development, or demonstration or commercial 
        application of energy technology program, project, or activity 
        of the Office of Air and Radiation; 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 or energy research, development, 
        or demonstration or commercial application of energy technology 
        program, project, or activity of the Office of Air and 
        Radiation.
    (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 or energy research, 
development, or demonstration or commercial application of energy 
technology 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 
the Committee on Appropriations of the House of Representatives or to 
the Committee on Appropriations of the Senate.
    (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 or energy research, 
development, or demonstration or commercial application of energy 
technology programs, projects, or activities of the Office of Air and 
Radiation 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 or energy research, development, or demonstration or 
commercial application of energy technology program, project, or 
activity of the Office of Air and Radiation.

SEC. 5. 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. 6. 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.

SEC. 7. LIMITATION ON DEMONSTRATIONS.

    The Agency shall provide funding for environmental or scientific or 
energy demonstration or commercial application of energy technology 
programs, projects, or activities of the Office of Air and Radiation 
only for technologies or processes that are substantially new, and not 
for incremental improvements to technologies or processes that exist in 
the marketplace.

SEC. 8. 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 Air and Radiation 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. 9. 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. 10. 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 Air and 
Radiation 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. 11. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for grant agreements made after fiscal year 1999 by the Office of Air 
and Radiation, 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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