[House Report 106-511]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-511

=======================================================================



 
      ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR AND RADIATION 
                       AUTHORIZATION ACT OF 1999

                                _______
                                

 March 6, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Sensenbrenner, from the Committee on Science, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1743]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (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, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment..................................................     2
  II. Purpose of the Bill........................................     5
 III. Background and Need for Legislation........................     5
  IV. Summary of Hearings........................................     8
   V. Committee Actions..........................................    11
  VI. Summary of Major Provisions of the Bill....................    13
 VII. Section-By-Section Analysis and Committee Views............    14
VIII. Cost Estimate..............................................    20
  IX. Congressional Budget Office Cost Estimate..................    21
   X. Compliance with Public Law 104-4...........................    23
  XI. Committee Oversight Findings and Recommendations...........    23
 XII. Oversight Findings and Recommendations by the Committee on 
      Government Reform..........................................    23
XIII. Constitutional Authority Statement.........................    23
 XIV. Federal Advisory Committee Statement.......................    23
  XV. Congressional Accountability Act...........................    23
 XVI. Changes in Existing Law Made by the Bill, as Reported......    23
XVII. Committee Recommendations..................................    24
XVIII.Proceedings of Committee on Science Markup.................    24


                              I. Amendment

  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 
research and development and scientific and energy research, 
development, and demonstration and commercial application of energy 
technology programs 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
          (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 research and development 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 research or 
        development 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 
        research or development 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 research or development 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 
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 research or development 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 
research or development 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 contracts or 
subcontracts 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 contracts or subcontracts 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 to propose or issue rules, regulations, decrees, or orders 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, which has not been submitted to the 
Senate for advice and consent to ratification pursuant to article II, 
section 2, clause 2 of the United States Constitution, and which has 
not entered into force pursuant to article 25 of the Protocol.

SEC. 7. LIMITATION ON DEMONSTRATIONS.

  The Agency shall provide funding for scientific or energy or 
commercial application of energy technology demonstration programs of 
the Office of Air and Radiation only for technologies or processes that 
can be reasonably expected to yield new, measurable benefits to the 
cost, efficiency, or performance of the technology or process.

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 or under circumstances 
permitting other than full and open competition under the Federal 
Acquisition Regulation.
  (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))).

SEC. 12. INTERNET AVAILABILITY OF INFORMATION.

  The Administrator shall make available through the Internet home page 
of the Environmental Protection Agency the abstracts relating to all 
research grants and awards made with funds authorized by this Act. 
Nothing in this section shall be construed to require or permit the 
release of any information prohibited by law or regulation from being 
released to the public.

  Amend the title so as to read:

  A bill to authorize appropriations for fiscal years 2000 and 2001 for 
the environmental research and development and scientific and energy 
research, development, and demonstration and commercial application of 
energy technology programs of the Office of Air and Radiation of the 
Environmental Protection Agency, and for other purposes.

                        II. Purpose of the Bill

    The purpose of H.R. 1743 is to authorize appropriations for 
fiscal years (FYs) 2000 and 2001 for environmental research and 
development (R&D) and scientific and energy research, 
development, and demonstration (RD&D) and commercial 
application of energy technology programs of the Office of Air 
and Radiation (OAR) of the Environmental Protection Agency 
(EPA).

              III. Background and Need for the Legislation

    EPA was establish in the Executive Branch on December 2, 
1970, as an independent agency pursuant to President Nixon's 
Reorganization Plan No. 3 of July 9, 1970 (5 U.S.C. app.) to 
``integrate environmental management activities involving 
pollution control into a coordinated and comprehensive 
program.'' \1\
---------------------------------------------------------------------------
    \1\ Library of Congress. Congressional Research Service. 
Environmental Protection: An Historical Review of Legislation and 
Programs of the Environmental Protection Agency, Report No. 83-84 ENR, 
March 3, 1983, p. 1 (hereafter referred to as CRS 84-34).
---------------------------------------------------------------------------
    EPA's statutory mandate for R&D has grown piecemeal from 
provisions of many environmental protection laws as enacted or 
amended over the years. Congress has conferred EPA the 
authority to conduct basic and applied research, to develop and 
demonstrate new technologies, to monitor the ambient 
environment, and to conduct diverse special studies in two 
ways: (1) In the context of at least 12 different environmental 
protection laws,\2\ and (2) in the Environmental Research, 
Development, and Demonstration Authorization Act (ERDDA).
---------------------------------------------------------------------------
    \2\ Library of Congress. Congressional Research Service. 
Environmental Laws: Summaries of Statutes Administered by the 
Environmental Protection Agency, RL30022, January 12, 1999 (hereafter 
referred to as CRS RL30022), p. 107. These 12 statutes include: (1) The 
Clean Air Act, especially sections 103, 104, 153, and 319, (2) the 
Clean Water Act, especially title I, sections 104-11; (3) the Safe 
Drinking Water Act, especially sections 1442 and 1444; (4) the Marine 
Protection, Research and Sanctuaries Act (Ocean Dumping Act), 
especially Title II and Title IV; (5) the Solid Waste Disposal Act/
Resource Conservation and Recovery Act, subtitle H, sections 8001-8007; 
(6) the Federal Insecticide, Fungicide, and Rodenticide Act, section 
20; (7) the Pesticide Research Act; (8) the Toxic Substances Control 
Act, especially section 10; (9) the Noise Control Act, section 14; (10) 
the National Environmental Policy Act, section 204(5); (11) the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (Superfund), section 311 as amended by the Superfund Amendments 
and Reauthorization Act of 1986 section 209; and (12) the Acid 
Precipitation Act of 1980.
---------------------------------------------------------------------------
    Given the diverse R&D program activities mandated by the 
various statutes, the establishment of a coherent and 
coordinated EPA-wide environmental R&D program proved to be no 
easy task in the early years of the Agency's existence. One of 
the principal reasons that has been cited as causing the early 
difficulties was that ``Congressional oversight was fragmented 
because of the diverse committee jurisdictions over the 
authorizing statues.'' \3\ This lack of Congressional focus 
changed, however, when the House of Representatives centralized 
jurisdiction for environmental R&D in the Committee on Science 
and Technology (now the Committee on Science, hereafter 
referred to as the Committee) in the 94th Congress.\4\
---------------------------------------------------------------------------
    \3\ CRS 84-34, p. 132.
    \4\ Ibid.
---------------------------------------------------------------------------
    The Committee first sponsored legislation to authorize 
EPA's environmental RD&D programs in 1975, and the first ERDDA 
was enacted in 1976.\5\ The ERDDA was reauthorized four times--
in 1977,\6\ in 1978,\7\ in 1979,\8\ and in 1980.\9\ All of 
these statutes, which were originated by legislation introduced 
by a member of the Committee and which were solely referred in 
the House to the Committee, authorized specific sums for 
environmental RD&D activities under specific statutes, such as 
the Clean Air Act, the Clean Water Act, the Safe Drinking Water 
Act, etc.
---------------------------------------------------------------------------
    \5\ Public Law 94-475, the Environmental Research, Development, and 
Demonstration Act (ERDDA) of 1976.
    \6\ Public Law 95-155, the ERDDA of 1978.
    \7\ Public Law 95-477, the ERDDA of 1979.
    \8\ Public Law 96-229, the ERDDA of 1980.
    \9\ Public Law 96-569, the ERDDA of 1981.
---------------------------------------------------------------------------
    Subsequent attempts to reauthorize the ERDDA after 1980 
failed for various reasons,\10\ but the Committee's 
jurisdiction over the original ERDDA and all subsequent ERDDA 
reauthorization legislation was never in question. This changed 
in 1997 when the Committee reported H.R. 1276, the ERDDA of 
1997. H.R. 1276 was referred sequentially to the House 
Committee on Commerce and was never acted on by the House 
because the two Committees could not resolve their 
jurisdictional differences.
---------------------------------------------------------------------------
    \10\ In 1982, Congress passed S. 2577, which would have 
reauthorized the ERDDA for FYs 1983 and 1984, but the measure was 
vetoed by President Reagan, primarily because it required certain 
groups to be represented on the EPA Science Advisory Board. In 1984, 
the House passed H.R. 2899, which would have reauthorized the ERDDA for 
FYs 1984 and 1985, but the Senate did not act on the measure. In 1986, 
the Committee reported H.R. 2319, which would have reauthorized the 
ERDDA for FY 1986, but the House did not act on the measure. In 1984, 
the House passed H.R. 2355, which would have reauthorized the ERDDA for 
FYs 1988 and 1989, but the Senate did not act on the measure. In 1990, 
the Committee reported H.R. 2319, which would have reauthorized the 
ERDDA for FYs 1991, 1992, and 1993, but the House did not act on the 
measure. In 1991, the Committee reported H.R. 2404, which would have 
reauthorized the ERDDA for FYs 1992, 1993, and 1994, but the House did 
not act on the measure. In 1993, the House passed H.R. 1994, which 
would have reauthorized the ERDDA for FY 1994, but the Senate did not 
act on the measure. In 1995, the Committee reported H.R. 1814, which 
would have reauthorized the ERDDA for FY 1996; the text of this measure 
was incorporated as Title V of H.R. 2405, which passed the House in 
1995, but the Senate did not act on the measure. And in 1996, the House 
passed H.R. 3322, which included as Title V, the ERDDA of 1996, which 
would have reauthorized the ERDDA for FY 1997, but the Senate did not 
act on the measures.
---------------------------------------------------------------------------
    The Commerce Committee expressed three principal concerns 
about H.R. 1276:\11\
---------------------------------------------------------------------------
    \11\ H. Rept. 105-99, Part 2, pp. 5-7.
---------------------------------------------------------------------------
          (1) H.R. 1276 contained ``a significantly broader 
        scope of programs than in previous Science Committee 
        EPA R&D bills'';
          (2) Many of the provisions were ``unnecessary due to 
        other statutory authorities''; that ``[a] number of the 
        separate statutory provisions authorizing EPA research 
        and development activities fall within the jurisdiction 
        of the Commerce Committee,'' such as the Safe Drinking 
        Water Act Amendments of 1996 and the Food Quality 
        Protection Act of 1996, and
          (3) the bill contained ``a number of other provisions 
        which are redundant of, and potentially inconsistent 
        with, existing authorizations provided by the Commerce 
        Committee,'' such as the Clean Air Act, the Clean Water 
        Act, etc.
    The Commerce Committee made a valid point that H.R. 1276 
contained a broader scope of programs than did previous Science 
Committee EPA RD&D bills. Previous ERDDA legislation had been 
limited to the R&D activities of EPA's Office of Research and 
Development (ORD), which is responsible for the R&D needs of 
the Agency's operating programs and the conduct of an 
integrated R&D program for the Agency. However, in 1996 
Congress recognized that the OAR also performs significant R&D 
when it created the Science and Technology appropriation 
account in 1996 to fund the operating programs of the ORD, the 
OAR Office of Mobile Sources, and the Program Office 
laboratories.\12\
---------------------------------------------------------------------------
    \12\ Public Law 104-204, the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1997.
---------------------------------------------------------------------------
    EPA's OAR conducts not environmental R&D, but also 
scientific and energy RD&D and commercial application of energy 
technology programs. In particular, OAR Climate Change 
Technology Initiative (CCTI) programs are energy RD&D and 
commercial application of energy technology programs. Under 
Rule X, clause 1(n)(1) of the Rules of the House, the Committee 
on Science has jurisdiction over ``all bills, resolutions, and 
other matters relating to * * * [all] energy research, 
development, and demonstration, and projects therefor, * * *'' 
[emphases added]. Similarly, under Rule X, clause 1(n)(4), the 
Committee has jurisdiction over environmental R&D under Rule 
X, clause 1(n)(6), the Committee has jurisdiction over the 
commercial application of energy technology; and under Rule X, 
clause 1(n)(14), the Committee has jurisdiction over scientific 
RD&D.
    In the spirit of cooperation to address the Commerce 
Committee's first concern, the Science Committee has divided 
the programs contained in H.R. 1276 into two bills. (1) H.R. 
1742, which authorizes the environmental R&D and scientific 
RD&D programs of the ORD and the EPA Scientific Advisory Board; 
and (2) this bill, H.R. 1743, which authorizes the 
environmental R&D and scientific and energy RD&D and commercial 
application of energy technology programs for the OAR, and 
which also authorizes appropriations for the energy RD&D and 
commercial application of energy technology OAR CCTI programs. 
To address the Commerce Committee's second concern, this bill 
limits the authorized appropriations to such environmental R&D 
and scientific and energy RD&D and commercial application of 
energy technology programs ``for which specific sums are not 
authorized under other authority of law.''
    And finally, in order to address the Commerce Committee's 
third concern, references to specific environmental statutes 
have been deleted.\13\
---------------------------------------------------------------------------
    \13\ The Committee on Science still believes that reference to the 
authorization of appropriations for environmental R&D under specific 
statutes, such as the Clean Air Act, the Clean Water Act, etc., is both 
consistent with its jurisdiction under the Rules of the House and with 
the precedential patterns of referral of identical legislation dating 
back to the 94th Congress.
---------------------------------------------------------------------------
    The Committee believes that the fact that most of EPA's 
environmental R&D and scientific and energy RD&D and commercial 
application of energy technology programs have not been 
authorized for specific sums since 1981 demonstrates the need 
for such legislation. Further evidence of the need for such 
legislation is the large number of unauthorized Congressional 
directives contained in annual appropriation legislation, as 
well as EPA's continuing inability--whether by design or 
ineptitude--to provide the Congress and the American people 
with the basic and fundamental budget information required to 
analyze its budget.

                        IV. Summary of Hearings

    The Subcommittee on Energy and Environment of the Committee 
on Science held hearings on March 18, 1999 and April 14, 1999, 
to hear testimony on the Administration's FY 2000 budget 
request for the environmental R&D, scientific and energy RD&D 
and commercial application of energy technology programs of the 
EPA's OAR.
    Appearing as witnesses before the Subcommittee hearing on 
March 18, 1999, titled ``The FY 2000 EPA R&D Budget 
Authorization,'' were Dr. Norine E. Noonan, Assistant 
Administrator for Research and Development, U.S. Environmental 
Protection Agency (EPA); Dr. William Randall Seeker, Chair, 
Research Strategies Advisory Committee, U.S. Environmental 
Protection Agency Science Advisory Board (SAB); and Mr. David 
G. Wood, Associate Director, Environmental Protection Issues, 
Resources, Community, and Economic Development Division, U.S. 
General Accounting Office (GAO).
    Dr. Noonan testified that EPA's total FY 2000 request in 
the Science and Technology (S&T) Account--which was created in 
1996 and funds the operating programs of the Office of Research 
and Development (ORD), the Office of Air and Radiation's 
(OAR's) Office of Mobile Sources, and the Program Office 
laboratories--is $642.5 million and 2,456 total work years--a 
decrease of $17.5 million and 97 work years from FY 1999. ORD's 
total FY 2000 request is $534.8 million and 2,004 work years. 
Of this total, ORD's FY 2000 request in the S&T account is 
$495.9 million and 1,876 work years; the remaining $38.9 
million and 128 work years are in accounts other than the S&T 
account to support the Superfund, Leaking Underground Storage 
Tank, and Oil Spills research programs.
    Dr. Seeker noted that the SAB's RSAC had conducted a formal 
review of the entire FY 2000 EPA S&T budget request for the 
first time, and as part of the review process, had responded to 
six charge questions:
          1. Can the objectives of the research and development 
        program in ORD and the broader science and technology 
        program in EPA be achieved at the resource levels 
        requested?--RSAC found the funding request priorities 
        to be appropriate based on the environmental goals 
        established in the Agency Strategic Plan, but continues 
        to have reservations about the adequacy of the funding 
        level given the increasing complexity and cost of 
        environmental problems.
          2. Does the budget request reflect priorities 
        identified in the EPA and ORD Strategic Plans?--RSAC 
        found that the ORD and Program Office Science and 
        Technology budgets do set priorities aligned with the 
        Agency and ORD strategic plans and Government 
        Performance and Results Act (GPRA) goals, but had some 
        reservations about the decreases and some omissions in 
        the overall priorities. It concluded that the budgets 
        proposed in several areas were not likely to be 
        sufficient to meet the goals established by the Agency 
        and ORD in their Strategic Plans.
          3. Does the budget request reflect coordination 
        between ORD and the Program Offices?--RSAC commended 
        the Agency for significant improvements in the 
        coordination between ORD projects and the needs of the 
        program offices and found that the Agency needs to 
        continue to build on its strategic planning process for 
        science across the Agency and across environmental 
        goals.
          4. Does the budget request support a reasonable 
        balance in terms of attention to core research on 
        multimedia capabilities and issues and to media-
        specific problem-driven topics?--RSAC found that the 
        ORD budget request does appear to provide a balance 
        between core research and media-specific, problem-
        driven science needs, but noted that the overall S&T 
        budget request is more weighted to media-specific, 
        problem-driven activities.
          5. Does the budget request balance attention to near-
        term and to long-term research and science and 
        technology issues?--RSAC found that, in general, the 
        Agency has given serious consideration to both long-
        term and short-term research and science and technology 
        issues, but that there is still no overall explicit 
        approach to incorporate the requirements of longer-term 
        research programs within the short-term budgetary 
        process.
          6. How can EPA use or improve upon the Government 
        Performance and Results Act (GPRA) structure to 
        communicate research plans, priorities, research 
        requirements, and planned outcomes?--RSAC found that 
        the EPA had used the GPRA goals structure to organize 
        its FY 2000 budget request, and welcomed such a 
        structure as an organizing principle. However, RSAC 
        also found that most of the science milestones were 
        process (or ``output'') oriented rather than results 
        (or ``outcome'') oriented; and that the ORD and Agency 
        process for prioritizing potential research programs is 
        not completely transparent.
    Mr. Wood discussed the findings from GAO's recent report on 
EPA's S&T funds requested for FY 1999 \14\ and on its limited 
review of EPA's FY 2000 budget justification, including: (1) 
difficulties experienced in comparing EPA's S&T budget 
justification for FY 1999 with those of previous years; and (2) 
actions that EPA planned and implemented to improve the clarity 
and comparability of the FY 2000 justification and items that 
need further clarification. In summary, GAO found the 
following:
---------------------------------------------------------------------------
    \14\ Environmental Protection: EPA's Science and Technology Funds 
(GAO/RCED-99-12, Oct. 30, 1998).
---------------------------------------------------------------------------
           EPA's budget justification for FY 1999 could 
        not be readily compared to amounts requested or enacted 
        for FY 1998 and prior years because the justification 
        did not show how the budget would be distributed among 
        program offices or program components--information 
        needed to link to the prior years' justifications.
           EPA implemented several changes to its FY 
        2000 justification to solve problems experienced in 
        comparing the 1998 and 1999 budget justifications. 
        While the budget justification followed the basic 
        format reflecting the agency's strategic goals and 
        objectives, EPA made changes to the objectives without 
        explanations or documentation to link the changes to 
        the FY 1999 budget justification. As a result, the FY 
        2000 budget justification cannot be completely compared 
        with the FY 1999 justification without supplemental 
        information.
    The Subcommittee hearing of April 14, 1999, titled ``Fiscal 
Year 2000 Climate Change Budget Authorization Request,'' 
examined the Administration's FY 2000 climate change budget 
proposals related to the Kyoto Protocol and the Protocol's 
requirement that the U.S. reduce its net greenhouse gas 
emissions by 7 percent below 1990 levels in the 2008-2012 
timeframe--a reduction in projected U.S. carbon emissions of 
about 550 million metric tons, according to the most recent 
estimate of the Energy Information Administration (EIA) 
contained in its Annual Outlook 1999 (AEO99) report. The 
hearing also considered the U.S. Global Climate Change Research 
Program (USGCRP).
    The Administration's FY 2000 climate change budget request 
totals $4.142 billion, which includes: (1) $200 million for an 
EPA ``Clean Air Partnership Fund''; (2) $1.368 billion for 
Climate Change Technology Initiative (CCTI) spending programs; 
(3) $387 million for CCTI tax incentives; (4) $400 million in 
other climate-related programs (Department of Energy (DOE) 
clean coal and natural gas, weatherization, and state energy 
grants); and (5) $1.787 billion for USGCRP.
    Appearing as witnesses were: The Honorable Neal F. Lane, 
Assistant to the President for Science and Technology and 
Director, Office of Science and Technology Policy; The 
Honorable Dan W. Reicher, DOE Assistant Secretary for Energy 
Efficiency and Renewable Energy; The Honorable David M. 
Gardiner, EPA Assistant Administrator for Policy; and The 
Honorable Jay E. Hakes, EIA Administrator.
    Dr. Lane testified on the Administration's FY 2000 budget 
requests for CCTI and USGCRP, and noted the following:
           CCTI is the Administration's response to a 
        report issued from the President's Committee of 
        Advisors on Science and Technology (PCAST), which 
        concluded that the federal energy R&D programs were not 
        commensurate in scope and scale with the energy 
        challenges and opportunities for the 21st century, 
        PCAST also warned that this shortfall could translate 
        into higher dependence on imported oil, higher energy 
        costs, smaller U.S. energy technology exports, worse 
        air quality than would otherwise be the case, and the 
        diminished capacity to reduce greenhouse gas emissions 
        cost effectively.
           U.S. climate change science is largely 
        supported by the $1.8 billion FY 2000 budget request of 
        the USGCRP. This request includes a new Carbon Cycle 
        Science Initiative and the U.S. climate modeling 
        effort.
           The climate change issue requires two issues 
        to be addressed: (1) a sustained and enhanced 
        commitment to energy research, development, and 
        deployment; and (2) continued research into the science 
        of climate change.
    Mr. Reicher testified on the DOE's FY 2000 climate change 
budget request of approximately $1.1 billion, and Mr. Gardiner 
discussed EPA's role in CCTI and its FY 2000 budget requests of 
$216 million for CCTI and $200 million for a Clean Air 
Partnership Fund.
    Finally, Dr. Hakes gave testimony on the EIA report, 
Analysis of The Climate Change Technology Initiative, which was 
conducted at the request of Science Committee Chairman 
Sensenbrenner and Ranking Minority Member George Brown, Jr. The 
EIA analysis predicts that the CCTI tax incentives would only 
reduce projected U.S. carbon emissions in 2010 by 3.1 million 
metric tons, or 0.17 percent. The EIA also found that while 
research, development, and deployment programs also have 
benefits in reducing carbon emissions, it is not possible to 
link program expenditures directly to program results or to 
separate the impacts of incremental funding requested for FY 
2000 from ongoing program expenditures. In addition, Dr. Hakes 
testified that the current EIA AEO99 estimates already include 
the impacts of ongoing research and development.

                          V. Committee Actions

    As summarized above, the Subcommittee on Energy and 
Environment of the Committee on Science heard testimony 
relevant to the programs authorized in H.R. 1743 at hearings 
held on March 18 and April 14, 1999.
    On May 10, 1999, Mr. Ken Calvert, Chairman of the 
Subcommittee on Energy and Environment, introduced H.R. 1743, 
the Environmental Protection Agency Office of Air and Radiation 
Authorization Act of 1999, a bill to authorize appropriations 
for FY 2000 and FY 2001 for the environmental R&D and 
scientific and energy RD&D and commercial application of energy 
technology programs of the EPA Office of Air and Radiation.
    The Committee on Science met to consider H.R. 1743 on 
Wednesday, May 26, 1999, and entertained the following 
amendments and report language.
    Amendments 1 and 5.--Mr. Calvert, Chairman of the Science 
Committee's Subcommittee on Energy and Environment, asked and 
received unanimous consent to offer a manager's amendment 
(Amendment) and a title change amendment (Amendment 5) 
simultaneously on behalf of himself and Mr. Costello, Ranking 
Minority Member of the Subcommittee on Energy and Environment 
making. The manager's amendment made: (1) technical and 
conforming changes to H.R. 1743, as introduced; (2) 
clarifications of the ``Limitations on Demonstrations'' and 
``Eligibility of Awards'' provisions; and (3) changes in 
language resulting from bipartisan consultations with the 
Committee on Commerce that strengthen the Committee on 
Science's jurisdictional claims for the bill's provisions. And 
the title change amendment conformed the bill's title to 
changes made in the manager's amendment. The amendments were 
adopted by voice vote.
    Amendment 2.--Ms. Lofgren's amendment, which was not 
offered, would have stricken subsection 6(c) of the bill, which 
prohibited any of the funds authorized by the Act to be used 
either directly or indirectly for the purpose of implementation 
of, or in preparation for implementation of, the Kyoto 
Protocol, unless it has been ratified by the Senate and has 
entered into force pursuant to article 25 of the Protocol.
    Amendment 3.--On behalf of Ms. Lofgren, Mr. Sensenbrenner 
offered an amendment providing that none of the funds 
authorized by this Act may be used to propose or issue rules, 
regulations, decrees, or orders for the purpose of 
implementation of, 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, which 
has not been submitted to the Senate for advise and consent to 
ratification pursuant to article II, section 2, clause 2 of the 
United Constitution and which has not entered into force 
pursuant to article 25 of the Protocol. The amendment was 
adopted by voice vote.
    Amendment 4.--Ms. Biggert offered an amendment requiring 
the EPA Administrator to make available through EPA's Internet 
home page abstracts relating to all research grants and awards 
made with funds authorized by this Act, with the proviso that 
nothing in the amendment shall be construed to require or 
permit the release of any information prohibited by law or 
regulation from being released to the public. The amendment was 
adopted by voice vote.
    Report Language 1.--Mr. Gutknecht offered report language 
addressing concerns of EPA Inspector General about computer 
security at EPA. The language was adopted by voice vote.
    Report Language 2.--Mr. Calvert asked and received 
unanimous consent that: (1) the budget table for H.R. 1743 be 
included in the bill's report language; (2) staff be permitted 
to make technical corrections to the table; (3) the minority be 
given the opportunity to examine the table in detail and 
negotiate over its content; and (4) upon completion of 
negotiations a final version be signed by a majority of the 
Committee, and thereafter the minority have two subsequent days 
to file any minority supplemental or additional views.
    With a quorum present, Mr. Costello moved that the 
Committee favorably report the bill, H.R. 1743, as amended, to 
the House with the recommendation that the bill, as amended, do 
pass; that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes; and 
that the Chairman take all necessary steps to bring the bill 
before the House for consideration. The motion was approved by 
voice vote.
    Mr. Sensenbrenner asked and received unanimous consent 
that: (1) Members have two subsequent calendar days in which to 
submit supplemental, minority or additional views on the 
measure; (2) pursuant to clause 1 of Rule XXII of the Rules of 
the House of Representatives, the Chairman may offer such 
motions as may be necessary in the House to go to conference 
with the Senate on H.R. 1743 or a similar Senate bill; (3) 
staff be given authority to make technical and conforming 
changes; and (4) the bill be reported in the form of a single 
amendment in the nature of a substitute reflecting amendments 
adopted.

              VI. Summary of Major Provisions of the Bill

    As shown in the Table below, Subsection 3(a) of the bill 
authorizes to be appropriated to the EPA Administrator for the 
OAR for environmental R&D and scientific and energy RD&D and 
commercial application of energy technology programs 
$230,116,100 for FY 2000 and $237,019,600 for FY 2001, to 
remain available until expended, of which--(1) $124,282,600 for 
FY 2000 and $128,011,100 for FY 2001 shall be for Science; and 
(2) $105,833,500 for FY 2000 and $109,008,500 for FY 2001 shall 
be for CCTI.
    The bill also:
           Limits the amounts of funds that may be 
        reprogrammed;
           Requires EPA to submit its budget requests 
        in a format that is transparent and in sufficient 
        detail so that it is understandable;
           Limits wasteful travel by EPA and its 
        contractors.
           Prohibits EPA from making noncompetitive 
        awards of grants, contracts, subcontracts, or any other 
        forms of financial assistance to trade associations.
           Prohibits EPA from using of any funds 
        authorized by the bill for the purpose of proposing or 
        issuing rules, regulations, decrees, or orders for the 
        purpose of implementing, or in preparation for 
        implementing, the Kyoto Protocol which has not been 
        submitted to the Senate for advise and consent to 
        ratification and which has not entered into force.
           Limits EPA funding for scientific or energy 
        demonstrations or commercial application of energy 
        technology programs of OAR to technologies and 
        processes that can reasonably be expected to yield new, 
        measurable benefits to the cost, efficiency, or 
        performance of the technology or process;
           Prohibits EPA from using of any funds 
        authorized by the bill to: (1) award, amend, or modify 
        a contract of the OAR in a manner that deviates from 
        the Federal Acquisition Regulation, unless the EPA 
        Administrator grants a case-by-case waiver and reports 
        to Congress; (2) to prepare or initiate Requests for 
        Proposals (RFPs) for unauthorized programs, projects or 
        activities; or (3) produce or provide articles or 
        services for the purpose of selling them to a person 
        outside the Federal Government, unless the EPA 
        Administrator determines that comparable articles or 
        services are not available from a commercial source in 
        the U.S.
           Excludes from consideration for grant 
        agreements made after 1999 by the OAR for a period of 
        five years--under the programs, projects and activities 
        for which funds are authorized under the bill--any 
        person who received funding for a project not subject 
        to a competitive, merit-based award process, except as 
        specifically authorized by the bill.
           Requires the EPA Administrator to make 
        available through EPA's Internet home page the 
        abstracts relating to all research grants and awards 
        made with funds authorized by the bill.

                    TABLE H.R. 1743.--ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR AND RADIATION AUTHORIZATION ACT OF 1999: SUMMARY
                                                                      [In dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              FY 2000                         FY 2001
                                                                                                          recommendation                  recommendation
                                                                FY 1999        FY 2000        FY 2000      compared with      FY 2001      compared with
                  Office/program/activity                    appropriation     request    recommendation    (+ or -) FY   recommendation    (+ or -) FY
                                                                                                               1999                            2000
                                                                                                           appropriation                   appropriation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of Air and Radiation Science........................    120,662,700   122,389,800    124,282,600      +3,619,900     128,011,100      +3,728,500
                                                            ============================================================================================
Climate Change Technology Initiative (CCTI):
    Buildings..............................................     38,800,000    80,100,000     39,964,000      +1,164,000      41,162,900      +1,198,900
    Transportation.........................................     31,750,000    61,900,000     32,702,500        +952,500      33,683,600        +981,100
    Industry...............................................     18,600,000    55,600,000     19,158,000        +558,000      19,732,740        +574,740
    Carbon Removal.........................................              0     3,400,000      3,400,000       3,400,000       3,502,000        +102,000
    State and Local Climate................................      2,900,000     5,000,000      2,987,000         +87,000       3,076,600         +89,600
    International Capacity Building........................      7,400,000    10,400,000      7,622,000        +222,000       7,850,660        +228,660
    Partnership with Industrial and Other Countries........        160,000       409,100              0        -160,000               0               0
                                                            --------------------------------------------------------------------------------------------
      Total, CCTI..........................................     99,610,000   216,809,100    105,833,500      +6,223,500     109,008,500      +3,175,000
                                                            ============================================================================================
      Total, H.R. 1743 Budget Authority/Authorization......    220,272,700   339,198,900    230,116,100      +9,843,400     237,019,600      +6,903,500
--------------------------------------------------------------------------------------------------------------------------------------------------------

          VII. Section-by-Section Analysis and Committee Views


Section 1. Short title

    Section 1 cites the Act as the ``Environmental Protection 
Agency Office of Air and Radiation Authorization Act of 1999.''

Section 2. Definitions

    Section 2 defines: (1) the ``Agency'' as the Environmental 
Protection Agency; (2) the ``Administrator'' as the 
Administrator of Environmental Protection Agency; and (3) 
``Assistant Administrator'' as the Assistant Administrator for 
Air and Radiation of the Agency.

Section 3. Office of Air and Radiation

    Subsection 3(a) authorizes to be appropriated to the EPA 
Administrator for the OAR for environmental R&D and scientific 
and energy RD&D and commercial application of energy technology 
programs $230,116,110 for fiscal year (FY) 2000 and 
$237,019,600 for FY 2001, to remain available until expended, 
of which--(1) $124,282,600 for FY 2000 and $128,011,100 for FY 
2001 shall be for Science; and (2) $105,833,500 for FY 2000 and 
$109,008,500 for FY 2001 shall be for the Climate Change 
Technology Initiative, including (A) $39,964,000 for FY 2000 
and $41,162,900 or FY 2001 for Buildings; (B) $32,702,500 for 
FY 2000 and $33,683,600 for FY 2001 for Transportation; (C) 
$19,158,000 for FY 2000 and $19,732,740 for FY 2001 for 
Industry; (D) $3,400,000 for FY 2000 and $3,502,000 for FY 2001 
for Carbon Removal; (E) $2,987,000 for FY 2000 and $3,076,600 
for FY 2001 for State and Local Climate; and (F) $7,622,000 for 
FY 2000 and $7,850,660 for FY 2001 for International Capacity 
Building.
    Subsection 3(b) prohibits the obligation of any amounts 
authorized under subsection 3(a) until 30 days after the 
Administrator submits to the Committee on Science and the 
Committee on Appropriations of the House and the Committee on 
Environment and Public Works and the Committee on 
Appropriations of the Senate, a report detailing for all ORD 
environmental R&D and scientific RD&D programs, projects and 
activities, by appropriation goal and objectives, for FY 2000 
and each of the previous two FYs--(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 in (2).
    Subsection 3(c) provides that the 30 days described in 
subsection 3(b) will not include any day on which either House 
of Congress is not in session because of an adjournment of more 
than three days to a day certain.
            Committee views
    For FY 2000, the Committee's recommendations provide a 3 
percent increase above the FY 1999 appropriated levels for 
these programs; and, for FY 2001, the Committee's 
recommendations also provide a 3 percent increase above the FY 
2000 recommended levels. These levels are recommended to 
provide a stable and predictable funding pattern in which to 
conduct this important research.
    In spite of repeated discussions and meetings with the EPA 
over a period of years about the inadequacy of its budget 
information, the Agency has proved unwilling or unable to 
provide the Congress and the American people with the basic and 
fundamental information required to analyze its budget. In 
fact, the situation has worsened since the Agency reformulated 
its budget in a format it claims is consistent with both the 
letter and spirit of the Government Performance and Results Act 
of 1993.\15\ The Committee respectfully disagrees with the EPA 
and has included a provision that prohibits the obligation of 
any amounts authorized in the bill until 30 days after the 
Administrator submits to the Committee on Science and the 
Committee on Appropriations of the House and the Committee on 
Environment and Public Works and the Committee on 
Appropriations of the Senate, a detailed report for FY 2000 and 
each of the previous two FYs, for all OAR environmental R&D and 
scientific and energy RD&D and commercial application of energy 
technology programs, projects and activities, by appropriation 
goal and objectives authorized under this Act, which shall 
include (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 in 
(2). The Committee must take this action because the Agency's 
long-standing and continuing refusal to comply with Committee 
requests for budget information leaves no alternative.
---------------------------------------------------------------------------
    \15\ Public Law 103-62.
---------------------------------------------------------------------------

Section 4. Notice

    Subsections 4(a) and (b) would allow the Administrator to 
reprogram funds for any authorized activities of the OAR 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 research or 
development or scientific or energy research, development or 
demonstration or commercial application of energy technology 
program, project or activity of the OAR; or (2) up to 25 
percent of the total funding for a fiscal year of an 
environmental research or development or scientific or energy 
research, development or demonstration or commercial 
application of energy technology project or activity of the OAR 
after the Administrator has transmitted a report containing a 
full and complete statement of the action proposed to be taken 
and the facts and circumstances that support such proposed 
action to the Committee on Science and the Committee on 
Appropriations of the House, and to the Committee on 
Environment and Public Works and the Committee on 
Appropriations of the Senate and a period of 60 days has 
elapsed after the date on which the report is received 
(excluding 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).
    Subsection 4(c) prohibits the use of reprogrammed funds for 
an environmental research or development 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.
    Subsection 4(d) requires the Administrator to provide 
simultaneously to the Committee on Science and the Committee on 
Appropriations of the House, 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 thereo, provided to the Committee on Appropriations 
of the House or the Senate.
    Subsection 4(e) also requires the Administrator to provide 
copies simultaneously to the Committee on Science and the 
Committee on Appropriations of the House, and to the Committee 
on Environment and Public Works and the Committee on 
Appropriations of the Senate, of any report relating to the 
environmental research or development or scientific or energy 
research, development or demonstration or commercial 
application of energy technology programs, projects or 
activities of the OAR prepared at the direction of any 
committee of Congress.
    Subsection 4(f) requires the Administrator to provide 
notice to the Committee on Science and the Committee on 
Appropriations of the House, 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 environmental research or development 
or scientific or energy research, development or demonstration 
or commercial application of energy technology program, project 
or activity of the OAR.

Section 5. Budget request format

    Section 5 requires the Administrator to provide to the 
Congress at the same time as the budget request submission a 
detailed budget justification for programs, projects and 
activities authorized by this Act. Each such document shall 
include, for the FY requested and for two previous FYs--(1) a 
description and funding requested levels for each program, 
project and activity; (2) identification of all recipients of 
these funds; and (3) an estimate of the amount to be expended 
by each recipient in paragraph (2). In addition, Section 5 
stipulates that 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.
            Committee views
    As noted above, the Committee must take this action because 
the Agency's long-standing and continuing refusal to comply 
with Committee requests for budget information leaves no 
alternative.

Section 6. Limits on use of funds

    Subsection 6(a) provides that 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 contracts or subcontracts by the Agency. As 
part of the Agency's annual budget request submission to the 
Congress, the Administrator must submit a report to the 
Committee on Science and Committee on Appropriations of the 
House, and to the Committee on Energy and Natural Resources and 
Committee on Appropriations of the Senate that identifies--(1) 
the estimated amount of travel costs by the Agency and for 
persons awarded contracts or subcontracts by the Agency for the 
fiscal year of such budget submission, as well as for the two 
previous years; (2) the major purposes for such travel; and (3) 
the sources of funds for such travel.
    Subsection 6(b) provides that no funds authorized by the 
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 
also submit a report to the Committee on Science and Committee 
on Appropriations of the House, and to the Committee on 
Environment and Public Works and Committee on Appropriations of 
the Senate that shall identify--(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 two 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.
    Subsection 6(c) provides that none of the funds authorized 
by this Act may be used to propose or issue rules, regulations, 
decrees, or orders for the purpose of implementation of, 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, which has not been submitted to 
the Senate for advise and consent to ratification pursuant to 
article II, section 2, clause 2 of the United Constitution and 
which has not entered into force pursuant to article 25 of the 
Protocol.
            Committee views
    The subsection 6(c) prohibition on the use of funds 
authorized by this Act to propose or issue rules, decrees, or 
orders for the purpose of implementation of, or in preparation 
for implementation of, the Koyto Protocol, is virtually 
identical to that contained in Public Law 105-276, the 
Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1999. 
It is the Committee's view that the Kyoto Protocol should not 
be implemented prematurely.

Section 7. Limitation on demonstrations

    Subsection 7 requires that the Agency only provide funding 
for scientific or energy or commercial application of energy 
technology demonstration programs of the OAR for technologies 
or processes that can be reasonably expected to yield new, 
measurable benefits to the cost, efficiency, or performance of 
the technology or process.

Section 8. Federal acquisition regulation

    Subsection 8(a) prohibits the use of funds authorized by 
this Act may be used to award, amend, or modify a contract of 
OAR 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.
    Subsection 8(b) requires that 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, 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.

Section 9. Requests for proposals

    Subsection 9 prohibits the Agency from using funds 
authorized by this Act to prepare or initiate RFPs for a 
program, project or activity if the program, project or 
activity has not been specifically authorized by Congress.

Section 10. Production or provision of articles or services

    Section 10 prohibits the use of funds authorized under this 
Act by any program, project or activity of OAR to produce or 
provide articles or services for the purpose of selling 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 U.S.

Section 11. Eligibility for awards

    Subsection 11(a) requires the Administrator to exclude from 
consideration for grant agreements made after FY 1999 by OAR, 
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 11(b), appropriated for a 
fiscal year after FY 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.
    Subsection 11(b) provides that subsection 11(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 or under circumstances permitting other 
than full and open competition under the Federal Acquisition 
Regulation.
    Subsection 11(c) defines the term ``grant agreement'' to 
mean 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 also 
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))).
            Committee views
    The Committee has a long-standing position that awards 
should be based on a competitive, merit-based process. Merit 
review allows taxpayers' dollars to be spent in the most cost-
effective manner.

Section 12. Internet availability of information

    Section 12 requires the Administrator to make available 
through EPA's Internet home page the abstracts relating to all 
research grants and awards made with the funds authorized by 
this Act. Nothing in this section shall be construed to require 
or permit the release of any information prohibition by law or 
regulation from being released to the public.
            Committee views
    The Committee believes that by giving public access to 
information about how tax dollars are spent, it is acting as a 
responsible steward of taxpayer resources. Such information can 
also stimulate additional public and private sector research by 
informing the research community.
            Additional committee views--computer security
    The Committee is concerned with computer security at EPA. 
The Committee feels that no later than October 1, 1999, EPA 
should:
          1. Review and evaluate the costs and benefits of 
        implementing formal firewall technologies. Based on the 
        results of this review, implement formal firewall 
        technologies or document the risks that EPA is willing 
        to assume by not implementing a firewall;
          2. Implement correctives actions (e.g., filtering, 
        software patches, workarounds) to prevent intruders 
        from accessing EPA through Internet services with known 
        weaknesses.
          3. Review industry recommendations (e.g., CERT 
        advisories and summaries) in a timely manner and, if 
        applicable, implement the recommended corrective 
        actions;
          4. Maintain and monitor sufficient audit logs of 
        network system activities that will provide a useful 
        audit trail to assist in reconstructing events, 
        detecting security violations and analyzing performance 
        problems; and
          5. Develop and implement a security plan for EPA's 
        Internet connectivity that meets the requirements in 
        the Computer Security Act of 1987 and OMB Circular A-
        130.
    In addition, the Committee believes that by January 1, 
2000, EPA should develop and implement an EPA Network Security 
Policy that:
          1. Defines the Internet services that will be allowed 
        and/or denied;
          2. Clearly delineates network security 
        responsibilities;
          3. Defines procedures to prevent and respond to 
        security incidents;
          4. Defines appropriate use of the Internet; and
          5. States how different types of information (e.g., 
        publicly releasable, limited release, Privacy Act, 
        etc.) will be treated when using Internet services.

                          VIII. Cost Estimate

    Rule XIII, clause 3(d)(2) of Rules of the House of 
Representatives requires that each report of a committee on a 
public bill or public joint resolution contain: (A) an estimate 
by the committee of the costs that would be incurred in 
carrying out the bill or joint resolution in the fiscal year in 
which it is reported, and in each of the five fiscal years 
following that fiscal year (or for the authorized duration of 
any program authorized by such bill or joint resolution, if 
less than five years); (B) a comparison of the estimate of 
costs described in subdivision (A) made by the committee with 
any estimate of such costs made by a Government agency and 
submitted to such committee; and (C) when practicable, a 
comparison of the total estimated funding level for the 
relevant programs with the appropriate levels under current 
law. However, House Rule XIII, clause 3(d)(3)(B) provides that 
this requirement does not apply when a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been included in the report pursuant to House Rule 
XIII, clause 3(c)(3). A cost estimate and comparison prepared 
by the Director of the Congressional Budget Office under 
section 402 of the Congressional Budget Act of 1974 has been 
timely submitted to the Committee on Science prior to the 
filing of this report and is included in Section IX of this 
report pursuant to House Rule XIII, clause 3(c)(3).
    Rule XIII, clause 3(c)(2) of the Rules of the House of 
Representatives requires that the report of a committee on a 
measure that has been approved by the committee providing new 
budget authority (other than continuing appropriations), new 
spending authority, or new credit authority, or changes in 
revenues or tax expenditures include the statement required by 
section 308(a) of the Congressional Budget Act of 1974, except 
that an estimate of new budget authority shall include, when 
practicable, a comparison of the total estimated funding level 
for the relevant programs to the appropriate levels under 
current law. H.R. 1743 does not contain any new budget 
authority, new spending authority, or new credit authority, or 
changes in revenues or tax expenditures. Assuming that the sums 
authorized under the bill are appropriated, H.R. 1743 does 
authorize additional discretionary spending, as described in 
the Congressional Budget Office report on the bill, which is 
contained in Section IX of this report.

             IX. Congressional Budget Office Cost Estimate

    Rule XIII, clause 3(c)(3) of the Rules of the House of 
Representatives requires that the report of a committee on a 
measure that has been approved by the committee include an 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 if timely submitted to the 
committee before the filing of the report. The Committee on 
Science has received the following cost estimate for H.R. 1743 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 1999.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1743, the 
Environmental Protection Agency Office of Air and Radiation 
Authorization Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Kim Cawley 
(for federal costs), and Lisa Cash Driskill (for the state and 
local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1743--Environmental Protection Agency Office of Air and Radiation 
        Authorization Act of 1999

    Summary: H.R. 1743 would authorize appropriations for 
research, development, and commercial application programs for 
the Office of Air and Radiation of the Environmental Protection 
Agency (EPA). The bill would authorize appropriations of $230 
million for 2000 and $237 million for 2001 for these programs.
    CBO estimates that appropriation of the authorized amounts 
would result in additional discretionary spending of $467 
million over the 2000-2003 period. The bill would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 1743 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 1743 is shown in the following table. 
For purposes of this estimate, CBO assumes that the amounts 
authorized will be appropriated by the beginning of each fiscal 
year and that outlays will occur at rates similar to those of 
past appropriations for research and development (R&D) by the 
Office of Air and Radiation. The costs of this legislation fall 
within budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year, in millions of dollars--

                                                                 -----------------------------------------------
                                                                   1999    2000    2001    2002    2003    2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending on Air and Radiation R&D Under Current Law:
    Budget Authority \1\........................................     301       0       0       0       0       0
    Estimated Outlays...........................................     120     135      45       0       0       0
Proposed Changes:
    Authorization Level.........................................       0     230     237       0       0       0
    Estimated Outlays...........................................       0      92     198     141      36       0
Spending on Air and Radiation R&D Under H.R. 1743:
    Authorization Level\1\......................................     301     230     237       0       0       0
    Estimated Outlays...........................................     120     227     243     141      36      0
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for clean air R&D and the climate change initiative.

    Pay-as-you-go-considerations: None.
    Intergovernmental and private-sector impact: H.R. 1743 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Some of the funds authorized in the bill 
would be used for research at academic institutions, including 
public universities.
    Estimate prepared by: Federal costs: Kim Cawley; Impact on 
State, local, and tribal governments: Lisa Cash Driskill.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                  X. Compliance With Public Law 104-4

    H.R. 1743 contains no unfunded mandates.

          XI. Committee Oversight Findings and Recommendations

    Rule XIII, clause 3(c)(1) of the Rules of the House of 
Representatives requires that the report of a committee on a 
measure that has been approved by the committee include 
oversight findings and recommendations under clause 2(b)(1) of 
rule X. The Committee of Science's oversight findings and 
recommendations are reflected in the body of this report.

    XII. Oversight Findings and Recommendations by the Committee on 
                           Government Reform

    Rule XIII, clause 3(c)(4) of the Rules of the House of 
Representatives requires that the report of a committee on a 
measure that has been approved by the committee include a 
summary of oversight findings and recommendations made by the 
Committee on Government Reform under clause 4(c)(2) of rule X 
if such findings and recommendations have been submitted to the 
reporting committee in time to allow it to consider such 
findings and recommendations during its deliberations on the 
measure. The Committee on Science has received no such findings 
or recommendations from the Committee on Government Reform.

                XIII. Constitutional Authority Statement

    Rule XIII, clause 3(d)(1) of the Rules of the House of 
Representatives requires that each report of a committee on a 
public bill or public joint resolution contain a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the law proposed by the bill or joint 
resolution. Article I, section 8 of the Constitution of the 
United States grants Congress the authority to enact H.R. 1743.

               XIV. Federal Advisory Committee Statement

    H.R. 1743 does not establish or authorize the establishment 
of any advisory committee.

                  XV. Congressional Accountability Act

    The Committee finds that H.R. 1743 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

       XVI. Changes in Existing Law Made by the Bill, As Reported

    This legislation does not amend any existing Federal 
statute.

                    XVII. Committee Recommendations

    On May 26, 1999, a quorum being present, the Committee 
favorably reported H.R. 1743, the Environmental Protection 
Agency Office of Air and Radiation Authorization Act of 1999, 
as amended, by a voice vote, and recommended its enactment.

           XVIII. Proceedings of Committee on Science Markup


 PROCEEDINGS OF THE COMMITTEE ON SCIENCE FULL COMMITTEE MARKUP ON H.R. 
  1743, ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF AIR AND RADIATION 
                AUTHORIZATION ACT OF 1999, MAY 26, 1999

    The committee met, pursuant to notice, at 3:05 p.m., in 
room 2318, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr., (chairman of the committee) presiding.
    Chairman Sensenbrenner. The next bill up is H.R. 1743, the 
EPA Office of Air and Radiation Authorization Act. Without 
objection, the Chair will put his opening statement in the 
record saying what this bill does.
    [The information follows:]

       Opening Statement of Chairman F. James Sensenbrenner, Jr.

    H.R. 1743 authorizes $230.1 million for fiscal year (FY) 2000 and 
$237.0 million for FY 2001 for Environmental Protection Agency's 
(EPA's) Office of Air and Radiation (OAR). Highlights of the bill's 
authorizations for fiscal years 2000 and 2001 include:
          Science and Technology--H.R. 1743 supports the 
        Administration's request for EPA's Office of Air and Radiation 
        (OAR) Science and Technology programs, projects and activities. 
        The bill recommends $124.3 million in FY 2000--an increase of 
        $3.6 million, or 3.0 percent above the amount appropriated for 
        FY 1999 and $1.9 million above the Administration's request; 
        and recommends $128.0 million for FY 2001--an increase of $3.7 
        million, or 3.0 percent above the amount recommended for FY 
        2000.
          Climate Change Technology Initiative (CCTI)--H.R. 
        1743 supports growth of EPA's CCTI programs, projects and 
        activities. The bill recommends $105.8 million in FY 2000--an 
        increase of $6.1 million, or 3.0 percent above the amount 
        appropriated for FY 1999; and recommends $109.0 million for FY 
        2001--an increase of $3.2 million, or 3.0 percent above the 
        amount recommended for FY 2000.
    Other provisions of the bill include the following:
           Requires EPA to submit its budget requests in a 
        format that is transparent and in sufficient detail so that it 
        is understandable;
           Prohibits the use of any funds in the bill for the 
        purpose of implementing or in preparation of implementing the 
        Kyoto Protocol until the Protocol has been ratified by the 
        Senate and entered into force;
           Limits wasteful travel by EPA and its contractors;
           Prohibits noncompetitive awards of grants, 
        contracts, subcontracts, or any other forms of financial 
        assistance to trade associations;
           Prohibits deviations from the Federal Acquisition 
        Regulation (FAR), unless the EPA Administrator grants case-by-
        case waivers and reports to Congress;
           Prohibits the use of funds by EPA to prepare or 
        initiate Requests for Proposals (RFPs) for unauthorized 
        program, projects, or activities;
           Sets limits on amounts of funds that may be 
        reprogrammed;
           Limits demonstrations to technologies and processes 
        that are substantially new, and not for incremental 
        improvements for technologies or processes that exist in the 
        marketplace; and
           Excludes from consideration for grant agreements, 
        for a period of five years, any person who received funding for 
        a project not subject to a competitive, merit-based award 
        process, except as specifically authorized by the Act.

    Chairman Sensenbrenner. Does the gentleman from Illinois 
wish to be recognized?
    Mr. Costello. Mr. Chairman, I will insert my statement in 
the record so we can move on to amendments.
    Chairman Sensenbrenner. Without objection, the gentleman 
from Illinois' opening statement is put in the record. Without 
objection, all members will have permission to put opening 
statements in the record at this point.
    [The information follows:]

                    Statement of Hon. Jerry Costello

    Mr. Chairman, I realize the Administration will be disappointed 
with this bill. The authorization levels in the bill are adequate, but 
obviously fall short of the request for some of the Administrations' 
programs.
    As with the other bill, I believe our members would have preferred 
to see some more specific guidance in the bill on spending levels for 
specific programs. Many of us have expressed a desire to see the Agency 
rely on the best possible information base to guide its decison-making, 
especially in the area of air quality. I hope we can work together to 
include some specific guidance on funding for important research 
programs on criteria air pollutants in the accompanying report.
    I look forward to continuing to work with you as we proceed to 
consideration of this bill by the full House.
    Thank you.
                                 ______
                                 

                   Statement of Chairman Ken Calvert

    The next order of business is H.R. 1743, the Environmental 
Protection Agency Office of Air and Radiation Authorization Act of 
1999.
    This bill contains funding for science and technology (S&T) funding 
for the Office of Air and Radiation (OAR) as well as funding for the 
Climate Change Technology Initiative (CCTI) which is entirely within 
OAR, but comes out of the environmental program management (RPM) 
account.
    This bill authorizes the expenditure of a total of 230.1 million 
dollars for FY 2000 and 237 million dollars for FY 2001, of which 124.3 
million dollars in FY 2000 and 128 million dollars in fiscal year 2001 
are for the S&T account.
    The CCTI is authorized at 105.8 million dollars in FY 2000 and 109 
million dollars in FY 2001.
    Major programs within CCTI include 40 million dollars in FY 2000 
and 41.2 million dollars in FY 2001 for Buildings; 32.7 million dollars 
in FY 2000 and 33.7 million dollars in FY 2001 for Transportation 
programs, including the Partnership for a New Generation of Vehicles 
(PNGV); and 19.2 million dollars in FY 2000 and 19.7 million dollars in 
FY 2001 for Industry-based programs.
    These authorization level for OAR is in line with the 
Administration's request while the CCTI authorization is an increase 
from last year's appropriated levels. I believe that this bill provides 
generous support for research on the complex issues of air quality, 
while maintaining CCTI programs, which are largely aimed at reducing 
emissions through energy efficiency.
    I will conclude my comments at this point and ask for your support 
on this bill.
    Mr. Chairman, I thank you for your time.

    Chairman Sensenbrenner. Without objection, the bill is read 
a first time and open for amendment at any point.
    [The information follows:]

                               H.R. 1743

  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))).

    Chairman Sensenbrenner. The first amendment on the roster 
is by the gentleman from California, Mr. Calvert.
    For what purpose do you seek recognition?
    Mr. Calvert. Thank you, Mr. Chairman. I have an amendment 
at the desk, and I would ask unanimous consent that the 
amendment number 5, the title amendment, be heard along with 
the en bloc amendment.
    Chairman Sensenbrenner. Okay. Without objection, amendment 
number 1 will be considered en bloc. Amendment number 5 will be 
considered simultaneously. The clerk will report the 
amendments.
    The Clerk. Amendment to H.R. 1743 offered by Mr. Calvert 
and Mr. Costello.
    Chairman Sensenbrenner. Without objection, the amendments 
are considered as read.
    [The information follows:]

     Amendment to H.R. 1743 Offered by Mr. Calvert and Mr. Costello

    Strike ``environmental and scientific'' each place it appears in 
the bill and insert ``environmental research and development and 
scientific''.
    Strike ``environmental or scientific'' each place it appears in the 
bill and insert ``environmental research or development or 
scientific''.
    Page 2, lines 19 and 20, strike ``, projects, and activities''.
    Page 2, line 26, strike ``and Technology''.
  Strike ``programs, projects, and activities'' each place it appears 
in the bill and insert ``programs, projects and activities''.
    Strike ``programs, projects, or activities'' each place it appears 
in the bill and insert ``programs, projects or activities''.
    Strike ``program, project, and activity'' each place it appears in 
the bill and insert ``program, project and activity''.
    Strike ``program, project, or activity'' each place it appears in 
the bill and insert ``program, project or activity''.
    Page 8, lines 18 and 19, strike ``grants, contracts, subcontracts, 
or any other form of financial assistance'' and insert ``contracts or 
subcontracts''.
    Page 9, lines 4 through 6, strike ``grants, contracts, 
subcontracts, or any other form of financial assistance'' and insert 
``contracts or subcontracts''.
    Page 10, line 19, through page 11, line 2, amend section 7 to read 
as follows:

SEC. 7. LIMITATION ON DEMONSTRATIONS.

    The Agency shall provide funding for scientific or energy or 
commercial application of energy technology demonstration programs of 
the Office of Air and Radiation only for technologies or processes that 
can be reasonably expected to yield new, measurable benefits to the 
cost, efficiency, or performance of the technology or process.
    Page 13, line 7, insert ``or under circumstances permitting other 
than full and open competition under the Federal Acquisition 
Regulation'' after ``provided by law''.
                                 ______
                                 

  Title Amendment to H.R. 1743 Offered by Mr. Calvert and Mr. Costello

    Amend the title to read as follows: ``A bill to authorize 
appropriations for fiscal years 2000 and 2001 for the environmental 
research and development and scientific and energy research, 
development, and demonstration and commercial application of energy 
technology programs of the Office of Air and Radiation of the 
Environmental Protection Agency, and for other purposes.''.

    Chairman Sensenbrenner. The gentleman from California is 
recognized for five minutes.
    Mr. Calvert. Thank you, Mr. Chairman. I offer this 
manager's amendment on behalf of myself and my friend, Ranking 
Minority Member of the Subcommittee on Energy and Environment, 
the gentleman from Illinois, Mr. Costello. The bipartisan 
manager's amendment makes technical and conforming changes to 
H.R. 1743 as introduced, better clarifies the intent of the 
limitations and demonstrations and eligibility of award 
sections.
    Again, after consultations with the Commerce Committee, 
this amendment also makes clarifications in language and 
provisions to strengthen the Committee's jurisdictional claim 
for the bill's provisions.
    I want to thank my good friend for his cooperation in 
crafting this bipartisan manager's amendment, and would ask my 
colleagues for support. With that, I would like to yield the 
balance of my time to my good friend, the gentleman from 
Illinois.
    Mr. Costello. I thank the gentleman for yielding. I thank 
Chairman Calvert for working with the Minority to craft this 
amendment. We support the amendment, and I move its adoption.
    Chairman Sensenbrenner. The time is yielded back. Is there 
any further discussion on amendments number 1 and 5 combined?
    [No response.]
    If not, the question is on agreeing to the amendments.
    Those in favor will signify by saying aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it and the 
amendments are adopted.
    On behalf of the gentlewoman from California, Ms. Lofgren, 
I offer amendment number 3, which the clerk will report.
    The Clerk. Amendment to H.R. 1743 offered by Ms. Lofgren.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read.
    [The information follows:]

             Amendment to H.R. 1743 Ordered by Ms. Lofgren

    Page 10, lines 5 through 13, amend subsection (c) to read as 
follows:
    (c) Kyoto Protocol.--None of the funds authorized by this Act may 
be used to propose or issue rules, regulations, decrees, or orders 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, which has not been submitted to 
the Senate for advice and consent to ratification pursuant to article 
II, section 2, clause 2 of the United States Constitution, and which 
has not entered into force pursuant to article 25 of the Protocol.

    Chairman Sensenbrenner. The Chair is recognized for five 
minutes. This is the same amendment that the gentlewoman from 
California offered to the previous bill, which I accept. I urge 
an aye vote, and yield back the balance of my time.
    Any further discussion on amendment number 3? Hearing none, 
all those in favor of agreeing to the amendment will signify by 
saying aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. Amendment 
number 3 is agreed to.
    The next amendment is amendment number 4 by the gentlewoman 
from Illinois, Mrs. Biggert.
    For what purpose does she seek recognition?
    Mrs. Biggert. Thank you, Mr. Chairman. I have an amendment 
at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 1743 offered by Mrs. Biggert.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read.
    [The information follows:]

             Amendment to H.R. 1743 Offered by Mrs. Biggert

    Page 13, after line 20, insert the following new section:

SEC. 12. INTERNET AVAILABILITY OF INFORMATION.

    The Administrator shall make available through the Internet home 
page of the Environmental Protection Agency the abstracts relating to 
all research grants and awards made with funds authorized by this Act. 
Nothing in this section shall be construed to require or permit the 
release of any information prohibited by law or regulation from being 
released to the public.

    Chairman Sensenbrenner. The gentlewoman from Illinois is 
recognized for five minutes.
    Mrs. Biggert. I thank you, Mr. Chairman. This is the same 
amendment that you heard on the last bill and previous bills, 
to make available on the Internet all abstracts related to 
research grants and awards with the funds authorized by this 
bill. I would ask for support.
    Chairman Sensenbrenner. Does the gentlewoman yield back the 
balance of her time?
    Mrs. Biggert. Yes. I yield back the balance of my time.
    Chairman Sensenbrenner. Further discussion on Biggert 
amendment number 4? Hearing none, the question is agreeing to 
the amendment.
    Those in favor will signify by saying aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments to the bill? Hearing none, 
report language?
    The gentleman from Minnesota, Mr. Gutknecht. While we're 
finding Mr. Gutknecht, the gentleman from California, Mr. 
Calvert on tables.
    Mr. Calvert. Mr. Chairman, I ask unanimous consent that the 
budget tables for H.R. 1743 be included in the bill's report 
language and that the staff be permitted to make technical 
corrections. This is consistent with Mr. Hall's unanimous 
consent offered yesterday on H.R. 1655. I ask for my colleagues 
to support its adoption.
    Chairman Sensenbrenner. Is there any objection to the 
unanimous consent request by the gentleman from California?
    [No response.]
    Hearing none, so ordered.
    Report language of the gentleman from Minnesota. For what 
purpose does he seek recognition? Do you have report language 
at the desk?
    Mr. Gutknecht. Are we still on H.R. 1743?
    Chairman Sensenbrenner. Yes, sir.
    Mr. Gutknecht. Yes. I do.
    Chairman Sensenbrenner. The clerk will report the report 
language.
    The Clerk. Report language offered by Representative Gil 
Gutknecht to H.R. 1743.
    Chairman Sensenbrenner. Without objection, the report 
language is considered as read.
    [The information follows:]

        Report Language Offered by Representative Gil Gutknecht

                              explanation
    The Inspector General (IG) of the Environmental Protection Agency 
(EPA) issued a 1997 audit report, Information Technology: EPA's 
Internet Connectivity Controls. The IG provided six recommendations in 
the report to correct the weaknesses identified. However, the EPA has 
not fully implemented the recommendations and continues to remain 
vulnerable to hacker attacks. On April 9, 1999, the EPA sent a letter 
to the IG stating that the EPA would implement a firewall by the Spring 
of 2000. In that letter, the EPA stated it would make every effort to 
accelerate the schedule to January 2000, but cautioned that its Y2K 
management plan may delay this date.
                   report language: computer security
    The Committee is concerned with computer security at EPA. The 
Committee feels that no later than October 1, 1999, EPA should:
          1. Review and evaluate the costs and benefits of implementing 
        formal firewall technologies. Based on the results of this 
        review, implement formal firewall technologies or document the 
        risks that EPA is willing to assume by not implementing a 
        firewall;
          2. Implement correctives actions (e.g., filtering, software 
        patches, workarounds) to prevent intruders from accessing EPA 
        through Internet services with known weaknesses.
          3. Review industry recommendations (e.g., CERT advisories and 
        summaries) in a timely manner and, if applicable, implement the 
        recommended corrective actions;
          4. Maintain and monitor sufficient audit logs of network 
        system activities that will provide a useful audit trail to 
        assist in reconstructing events, detecting security violations 
        and analyzing performance problems; and
          5. Develop and implement a security plan for EPA's Internet 
        connectivity that meets the requirements in the Computer 
        Security Act of 1987 and OMB Circular A-130.
    In addition, the Committee believes that by January 1, 2000, EPA 
should develop and implement an EPA Network Security Policy that:
          1. Defines the Internet services that will be allowed and/or 
        denied;
          2. Clearly delineates network security responsibilities;
          3. Defines procedures to prevent and respond to security 
        incidents;
          4. Defines appropriate use of the Internet; and
          5. States how different types of information (e.g., publicly 
        releasable, limited release, Privacy Act, etc.) will be treated 
        when using Internet services.

    Chairman Sensenbrenner. The gentleman from Minnesota is 
recognized for five minutes.
    Mr. Gutknecht. Thank you, Mr. Chairman. I will be as brief 
as I possibly can. In 1997, the Inspector General of the 
Environmental Protection Agency issued an audit report, 
Information Technology: EPA's Internet Connectivity Controls. 
The IG provided six recommendations in the report to correct 
the weakness identified. However, the EPA has not fully 
implemented the recommendations and continues to remain 
vulnerable to cyber attacks.
    On April 9, 1999, the EPA sent a letter to the IG stating 
that the EPA would eliminate a firewall by the spring of the 
year 2000--I'm sorry, would implement a firewall by the spring 
of 2000. In that letter, the EPA stated that it would make 
every effort to accelerate the schedule to January of 2000. As 
we all know, the EPA requires that certain private companies 
provide proprietary information when doing business with the 
EPA. Proprietary information is by its definition not for 
public consumption. Without basic security measures, and we 
have all learned a little bit about basic security here the 
last several weeks, this information is vulnerable. It is 
concerning that the EPA requires certain information to be 
filed with them, and yet they cannot guarantee its security.
    As other departments have recently found, security measures 
can fail if they are not up-to-date. However, without 
implementing basic security measures, a department is asking 
for trouble, and in my opinion, is acting irresponsibly.
    This report language simply states that the Committee feels 
that the EPA should protect its computer system. Now is the 
time to act, before we have another computer security crisis. I 
ask my colleagues to join me in supporting this report 
language. I yield back my time.
    Chairman Sensenbrenner. Further discussion on the Gutknecht 
proposed report language? Hearing none, all those in favor of 
agreeing to the report language will signify by saying aye.
    Opposed no.
    The ayes appear to have it. The ayes have it, and the 
report language is agreed to.
    Further suggestions for report language? Hearing none, it 
is now time for a motion to report the bill favorably. Who 
would like to do that? The gentleman from Illinois, Mr. 
Costello.
    Mr. Costello. Mr. Chairman, I move that the Committee 
favorably report H.R. 1743, as amended, to the House with 
recommendation that the bill, as amended, do pass. Furthermore, 
I move that staff be instructed to prepare the legislative 
report and make necessary technical and conforming amendments, 
and that the Chairman take all necessary steps to bring the 
bill before the House for consideration.
    Chairman Sensenbrenner. The members have heard the motion. 
The question is on reporting the bill favorably. The Chair 
notes the presence of a reporting quorum.
    Those in favor will signify by saying aye.
    Opposed no.
    The ayes appear to have it. The ayes have it, and the bill 
is favorably reported.
    Members will have two subsequent calendar days in which to 
submit supplemental, minority, dissenting or additional views 
on the measure. I ask unanimous consent, pursuant to clause 1 
of rule 22 of the Rules of the House that the Committee 
authorize the Chairman to offer such motions as may be 
necessary in the House to go to conference with the Senate on 
the bill. Without objection, the staff will be given authority 
to make technical and conforming changes.

                                

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