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106TH CONGRESS

1ST SESSION H. R. 1743

To authorize appropriations for fiscal years 2000 and 2001 for the environmental and scientific and energy research, development, and demonstration and commercial application of energy technology programs, projects,

and activities of the Office of Air and Radiation of the Environmental

Protection Agency, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1999

Mr. CALVERT introduced the following bill; which was referred to the

Committee on Science

A BILL

To authorize appropriations for fiscal years 2000 and 2001

for the environmental and scientific and energy research,

development, and demonstration and commercial application of energy technology programs, projects, and activities of the Office of Air and Radiation of the Environmental Protection Agency, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Environmental Protec5 tion Agency Office of Air and Radiation Authorization Act

6 of 1999’’.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act—

3 (1) the term ‘‘Administrator’’ means the Ad4 ministrator of the Agency;

5 (2) the term ‘‘Agency’’ means the Environ6 mental Protection Agency; and

7 (3) the term ‘‘Assistant Administrator’’ means

8 the Assistant Administrator for Air and Radiation of

9 the Agency.

10 SEC. 3. OFFICE OF AIR AND RADIATION.

11 (a) IN GENERAL.—There are authorized to be appro12 priated to the Administrator for the Office of Air and Ra13 diation for environmental and scientific and energy re14 search, development, and demonstration and commercial

15 application of energy technology programs, projects, and

16 activities for which specific sums are not authorized under

17 other authority of law $230,116,100 for fiscal year 2000

18 and $237,019,600 for fiscal year 2001, to remain available

19 until expended, of which—

20 (1) $124,282,600 for fiscal year 2000 and

21 $128,011,100 for fiscal year 2001 shall be for

22 Science and Technology; and

23 (2) $105,833,500 for fiscal year 2000 and

24 $109,008,500 for fiscal year 2001 shall be for the

25 Climate Change Technology Initiative, including—
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1 (A) $39,964,000 for fiscal year 2000 and

2 $41,162,900 for fiscal year 2001 for Buildings;

3 (B) $32,702,500 for fiscal year 2000 and

4 $33,683,600 for fiscal year 2001 for Transpor5 tation;

6 (C) $19,158,000 for fiscal year 2000 and

7 $19,732,740 for fiscal year 2001 for Industry;

8 (D) $3,400,000 for fiscal year 2000 and

9 $3,502,000 for fiscal year 2001 for Carbon Re10 moval;

11 (E) $2,987,000 for fiscal year 2000 and

12 $3,076,600 for fiscal year 2001 for State and

13 Local Climate; and

14 (F) $7,622,000 for fiscal year 2000 and

15 $7,850,660 for fiscal year 2001 for Inter16 national Capacity Building.

17 (b) LIMITATION.—None of the amounts authorized

18 under subsection (a) may be obligated until 30 days after

19 the Administrator submits to the Committee on Science

20 and the Committee on Appropriations of the House of

21 Representatives, and the Committee on Environment and

22 Public Works and the Committee on Appropriations of the

23 Senate, a report detailing, for fiscal year 2000 and each

24 of the 2 previous fiscal years, for all Office of Air and

25 Radiation environmental and scientific and energy re-
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1 search, development, and demonstration and commercial

2 application of energy technology programs, projects, and

3 activities authorized under this Act, by appropriation goal

4 and objectives—

5 (1) a description of, and funding requested or

6 allocated for, each such program, project, and activ7 ity;

8 (2) an identification of all recipients of funds to

9 conduct such programs, projects, and activities; and

10 (3) an estimate of the amounts to be expended

11 by each recipient of funds identified under para12 graph (2).

13 (c) EXCLUSION.—In the computation of the 30-day

14 period described in subsection (b), there shall be excluded

15 any day on which either House of Congress is not in ses16 sion because of an adjournment of more than 3 days to

17 a day certain.

18 SEC. 4. NOTICE.

19 (a) REPROGRAMMING.—The Administrator may use

20 for any authorized activities of the Office of Air and Radi21 ation under this Act—

22 (1) up to the lesser of $250,000 or 5 percent

23 of the total funding for a fiscal year of an environ24 mental or scientific or energy research, development,

25 or demonstration or commercial application of en-
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1 ergy technology program, project, or activity of the

2 Office of Air and Radiation; or

3 (2) after the expiration of 60 days after trans4 mitting to the Committee on Science and the Com5 mittee on Appropriations of the House of Represent6 atives, and to the Committee on Environment and

7 Public Works and the Committee on Appropriations

8 of the Senate, a report described in subsection (b),

9 up to 25 percent of the total funding for a fiscal

10 year of an environmental or scientific or energy re11 search, development, or demonstration or commer12 cial application of energy technology program,

13 project, or activity of the Office of Air and Radi14 ation.

15 (b) REPORT.—(1) The report referred to in sub16 section (a)(2) is a report containing a full and complete

17 statement of the action proposed to be taken and the facts

18 and circumstances relied upon in support of such proposed

19 action.

20 (2) In the computation of the 60-day period under

21 subsection (a)(2), there shall be excluded any day on

22 which either House of Congress is not in session because

23 of an adjournment of more than 3 days to a day certain.

24 (c) LIMITATIONS.—In no event may funds be used

25 pursuant to subsection (a) for an environmental or sci-
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1 entific or energy research, development, or demonstration

2 or commercial application of energy technology program,

3 project, or activity for which funding has been requested

4 to the Congress but which has not been funded by the

5 Congress.

6 (d) ANNUAL OPERATING PLAN.—The Administrator

7 shall provide simultaneously to the Committee on Science

8 and the Committee on Appropriations of the House of

9 Representatives, and to the Committee on Environment

10 and Public Works and the Committee on Appropriations

11 of the Senate, any annual operating plan or other oper12 ational funding document, including any additions or

13 amendments thereto, provided to the Committee on Ap14 propriations of the House of Representatives or to the

15 Committee on Appropriations of the Senate.

16 (e) COPY OF REPORTS.—In addition to the docu17 ments required under subsection (d), the Administrator

18 shall provide copies simultaneously to the Committee on

19 Science and the Committee on Appropriations of the

20 House of Representatives, and to the Committee on Envi21 ronment and Public Works and the Committee on Appro22 priations of the Senate, of any report relating to the envi23 ronmental or scientific or energy research, development,

24 or demonstration or commercial application of energy

25 technology programs, projects, or activities of the Office
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1 of Air and Radiation prepared at the direction of any com2 mittee of Congress.

3 (f) NOTICE OF REORGANIZATION.—The Adminis4 trator shall provide notice to the Committee on Science

5 and the Committee on Appropriations of the House of

6 Representatives, and to the Committee on Environment

7 and Public Works and the Committee on Appropriations

8 of the Senate, not later than 15 days before any major

9 reorganization of any environmental or scientific or energy

10 research, development, or demonstration or commercial

11 application of energy technology program, project, or ac12 tivity of the Office of Air and Radiation.

13 SEC. 5. BUDGET REQUEST FORMAT.

14 The Administrator shall provide to the Congress, to

15 be transmitted at the same time as the Agency’s annual

16 budget request submission, a detailed justification for

17 budget authorization for the programs, projects, and ac18 tivities for which funds are authorized by this Act. Each

19 such document shall include, for the fiscal year for which

20 funding is being requested and for the 2 previous fiscal

21 years—

22 (1) a description of, and funding requested or

23 allocated for, each such program, project, and activ24 ity;
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1 (2) an identification of all recipients of funds to

2 conduct such programs, projects, and activities; and

3 (3) an estimate of the amounts to be expended

4 by each recipient of funds identified under para5 graph (2).

6 The document required by this section shall be presented

7 in the format employed by, and with the level of detail

8 included in, the document entitled ‘‘Department of Energy

9 FY 2000 Congressional Budget Request, DOE/CR–0062,

10 Volume 3’’, dated February 1999.

11 SEC. 6. LIMITS ON USE OF FUNDS.

12 (a) TRAVEL.—Not more than 1 percent of the funds

13 authorized by this Act may be used either directly or indi14 rectly to fund travel costs of the Agency or travel costs

15 for persons awarded grants, contracts, subcontracts, or

16 any other form of financial assistance by the Agency. As

17 part of the Agency’s annual budget request submission to

18 the Congress, the Administrator shall submit a report to

19 the Committee on Science and the Committee on Appro20 priations of the House of Representatives, and to the

21 Committee on Environment and Public Works and the

22 Committee on Appropriations of the Senate, that

23 identifies—

24 (1) the estimated amount of travel costs by the

25 Agency and for persons awarded grants, contracts,
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1 subcontracts, or any other form of financial assist2 ance by the Agency for the fiscal year of such budg3 et submission, as well as for the 2 previous fiscal

4 years;

5 (2) the major purposes for such travel; and

6 (3) the sources of funds for such travel.

7 (b) TRADE ASSOCIATIONS.—No funds authorized by

8 this Act may be used either directly or indirectly to fund

9 a grant, contract, subcontract, or any other form of finan10 cial assistance awarded by the Agency to a trade associa11 tion on a noncompetitive basis. As part of the Agency’s

12 annual budget request submission to the Congress, the

13 Administrator shall submit a report to the Committee on

14 Science and the Committee on Appropriations of the

15 House of Representatives, and to the Committee on Envi16 ronment and Public Works and the Committee on Appro17 priations of the Senate, that identifies—

18 (1) the estimated amount of funds provided by

19 the Agency to trade associations, by trade associa20 tion, for the fiscal year of such budget submission,

21 as well as for the 2 previous fiscal years;

22 (2) the services either provided or to be pro23 vided by each such trade association; and

24 (3) the sources of funds for services provided by

25 each such trade association.
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1 (c) KYOTO PROTOCOL.—None of the funds author2 ized by this Act may be used either directly or indirectly

3 for the purpose of implementation, or in preparation for

4 implementation, of the Kyoto Protocol which was adopted

5 on December 11, 1997, in Kyoto, Japan, at the Third

6 Conference of the Parties to the United Nations Frame7 work Convention on Climate Change, unless it has been

8 ratified by the Senate and has entered into force pursuant

9 to article 25 of the Protocol.

10 SEC. 7. LIMITATION ON DEMONSTRATIONS.

11 The Agency shall provide funding for environmental

12 or scientific or energy demonstration or commercial appli13 cation of energy technology programs, projects, or activi14 ties of the Office of Air and Radiation only for tech15 nologies or processes that are substantially new, and not

16 for incremental improvements to technologies or processes

17 that exist in the marketplace.

18 SEC. 8. FEDERAL ACQUISITION REGULATION.

19 (a) REQUIREMENT.—None of the funds authorized to

20 be appropriated by this Act may be used to award, amend,

21 or modify a contract of the Office of Air and Radiation

22 in a manner that deviates from the Federal Acquisition

23 Regulation, unless the Administrator grants, on a case24 by-case basis, a waiver to allow for such a deviation. The
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1 Administrator may not delegate the authority to grant

2 such a waiver.

3 (b) CONGRESSIONAL NOTICE.—At least 60 days be4 fore a contract award, amendment, or modification for

5 which the Administrator intends to grant such a waiver,

6 the Administrator shall submit to the Committee on

7 Science and the Committee on Appropriations of the

8 House of Representatives, and to the Committee on Envi9 ronment and Public Works and the Committee on Appro10 priations of the Senate, a report notifying the committees

11 of the waiver and setting forth the reasons for the waiver.

12 SEC. 9. REQUESTS FOR PROPOSALS.

13 None of the funds authorized to be appropriated by

14 this Act may be used by the Agency to prepare or initiate

15 Requests for Proposals (RFPs) for a program, project, or

16 activity if the program, project, or activity has not been

17 specifically authorized by Congress.

18 SEC. 10. PRODUCTION OR PROVISION OF ARTICLES OR

19 SERVICES.

20 None of the funds authorized to be appropriated by

21 this Act may be used by any program, project, or activity

22 of the Office of Air and Radiation to produce or provide

23 articles or services for the purpose of selling the articles

24 or services to a person outside the Federal Government,

25 unless the Administrator determines that comparable arti-
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1 cles or services are not available from a commercial source

2 in the United States.

3 SEC. 11. ELIGIBILITY FOR AWARDS.

4 (a) IN GENERAL.—The Administrator shall exclude

5 from consideration for grant agreements made after fiscal

6 year 1999 by the Office of Air and Radiation, under the

7 programs, projects, and activities for which funds are au8 thorized under this Act, any person who received funds,

9 other than those described in subsection (b), appropriated

10 for a fiscal year after fiscal year 1999, under a grant

11 agreement from any Federal funding source for a project

12 that was not subjected to a competitive, merit-based award

13 process, except as specifically authorized by this Act. Any

14 exclusion from consideration pursuant to this section shall

15 be effective for a period of 5 years after the person re16 ceives such Federal funds.

17 (b) EXCEPTION.—Subsection (a) shall not apply to

18 the receipt of Federal funds by a person due to the mem19 bership of that person in a class specified by law for which

20 assistance is awarded to members of the class according

21 to a formula provided by law.

22 (c) DEFINITION.—For purposes of this section, the

23 term ‘‘grant agreement’’ means a legal instrument whose

24 principal purpose is to transfer a thing of value to the

25 recipient to carry out a public purpose of support or stim-
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1 ulation authorized by a law of the United States, and does

2 not include the acquisition (by purchase, lease, or barter)

3 of property or services for the direct benefit or use of the

4 United States Government. Such term does not include

5 a cooperative agreement (as such term is used in section

6 6305 of title 31, United States Code) or a cooperative re7 search and development agreement (as such term is de8 fined in section 12(d)(1) of the Stevenson-Wydler Tech9 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

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