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Union Calendar No. 286

106TH CONGRESS

2D SESSION H. R. 1743

[Report No. 106–511]

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

MARCH 6, 2000

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 10, 1999]

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.
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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’’.

7 SEC. 2. DEFINITIONS.

8 For the purposes of this Act—

9 (1) the term ‘‘Administrator’’ means the Admin10 istrator of the Agency;

11 (2) the term ‘‘Agency’’ means the Environmental

12 Protection Agency; and

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

14 the Assistant Administrator for Air and Radiation of

15 the Agency.

16 SEC. 3. OFFICE OF AIR AND RADIATION.

17 (a) IN GENERAL.—There are authorized to be appro18 priated to the Administrator for the Office of Air and Radi19 ation for environmental research and development and sci20 entific and energy research, development, and demonstra21 tion and commercial application of energy technology pro22 grams for which specific sums are not authorized under

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

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

25 until expended, of which—
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1 (1) $124,282,600 for fiscal year 2000 and

2 $128,011,100 for fiscal year 2001 shall be for Science;

3 and

4 (2) $105,833,500 for fiscal year 2000 and

5 $109,008,500 for fiscal year 2001 shall be for the Cli6 mate Change Technology Initiative, including—

7 (A) $39,964,000 for fiscal year 2000 and

8 $41,162,900 for fiscal year 2001 for Buildings;

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

10 $33,683,600 for fiscal year 2001 for Transpor11 tation;

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

13 $19,732,740 for fiscal year 2001 for Industry;

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

15 $3,502,000 for fiscal year 2001 for Carbon Re16 moval;

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

18 $3,076,600 for fiscal year 2001 for State and

19 Local Climate; and

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

21 $7,850,660 for fiscal year 2001 for International

22 Capacity Building.

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

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

25 the Administrator submits to the Committee on Science and
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1 the Committee on Appropriations of the House of Rep2 resentatives, and the Committee on Environment and Pub3 lic Works and the Committee on Appropriations of the Sen4 ate, a report detailing, for fiscal year 2000 and each of the

5 2 previous fiscal years, for all Office of Air and Radiation

6 environmental research and development and scientific and

7 energy research, development, and demonstration and com8 mercial application of energy technology programs, projects

9 and activities authorized under this Act, by appropriation

10 goal and objectives—

11 (1) a description of, and funding requested or al12 located for, each such program, project and activity;

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

14 conduct such programs, projects and activities; and

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

16 each recipient of funds identified under paragraph

17 (2).

18 (c) EXCLUSION.—In the computation of the 30-day pe19 riod described in subsection (b), there shall be excluded any

20 day on which either House of Congress is not in session

21 because of an adjournment of more than 3 days to a day

22 certain.
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1 SEC. 4. NOTICE.

2 (a) REPROGRAMMING.—The Administrator may use

3 for any authorized activities of the Office of Air and Radi4 ation under this Act—

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

6 the total funding for a fiscal year of an environ7 mental research or development or scientific or energy

8 research, development, or demonstration or commer9 cial application of energy technology program, project

10 or activity of the Office of Air and Radiation; or

11 (2) after the expiration of 60 days after trans12 mitting to the Committee on Science and the Com13 mittee on Appropriations of the House of Representa14 tives, and to the Committee on Environment and

15 Public Works and the Committee on Appropriations

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

17 to 25 percent of the total funding for a fiscal year of

18 an environmental research or development or sci19 entific or energy research, development, or demonstra20 tion or commercial application of energy technology

21 program, project or activity of the Office of Air and

22 Radiation.

23 (b) REPORT.—(1) The report referred to in subsection

24 (a)(2) is a report containing a full and complete statement

25 of the action proposed to be taken and the facts and cir26 cumstances relied upon in support of such proposed action.
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1 (2) In the computation of the 60-day period under sub2 section (a)(2), there shall be excluded any day on which

3 either House of Congress is not in session because of an

4 adjournment of more than 3 days to a day certain.

5 (c) LIMITATIONS.—In no event may funds be used pur6 suant to subsection (a) for an environmental research or

7 development or scientific or energy research, development,

8 or demonstration or commercial application of energy tech9 nology program, project or activity for which funding has

10 been requested to the Congress but which has not been fund11 ed by the Congress.

12 (d) ANNUAL OPERATING PLAN.—The Administrator

13 shall provide simultaneously to the Committee on Science

14 and the Committee on Appropriations of the House of Rep15 resentatives, and to the Committee on Environment and

16 Public Works and the Committee on Appropriations of the

17 Senate, any annual operating plan or other operational

18 funding document, including any additions or amendments

19 thereto, provided to any committee of Congress.

20 (e) COPY OF REPORTS.—In addition to the documents

21 required under subsection (d), the Administrator shall pro22 vide copies simultaneously to the Committee on Science and

23 the Committee on Appropriations of the House of Rep24 resentatives, and to the Committee on Environment and

25 Public Works and the Committee on Appropriations of the
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1 Senate, of any report relating to the environmental research

2 or development or scientific or energy research, develop3 ment, or demonstration or commercial application of en4 ergy technology programs, projects or activities of the Office

5 of Air and Radiation prepared at the direction of any com6 mittee of Congress.

7 (f) NOTICE OF REORGANIZATION.—The Administrator

8 shall provide notice to the Committee on Science and the

9 Committee on Appropriations of the House of Representa10 tives, and to the Committee on Environment and Public

11 Works and the Committee on Appropriations of the Senate,

12 not later than 15 days before any major reorganization of

13 any environmental research or development or scientific or

14 energy research, development, or demonstration or commer15 cial application of energy technology program, project or

16 activity of the Office of Air and Radiation.

17 SEC. 5. BUDGET REQUEST FORMAT.

18 The Administrator shall provide to the Congress, to be

19 transmitted at the same time as the Agency’s annual budget

20 request submission, a detailed justification for budget au21 thorization for the programs, projects and activities for

22 which funds are authorized by this Act. Each such docu23 ment shall include, for the fiscal year for which funding

24 is being requested and for the 2 previous fiscal years—
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1 (1) a description of, and funding requested or al2 located for, each such program, project and activity;

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

4 conduct such programs, projects and activities; and

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

6 each recipient of funds identified under paragraph

7 (2).

8 The document required by this section shall be presented

9 in the format employed by, and with the level of detail in10 cluded in, the document entitled ‘‘Department of Energy FY

11 2000 Congressional Budget Request, DOE/CR–0062, Vol12 ume 3’’, dated February 1999.

13 SEC. 6. LIMITS ON USE OF FUNDS.

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

15 authorized by this Act may be used either directly or indi16 rectly to fund travel costs of the Agency or travel costs for

17 persons awarded contracts or subcontracts by the Agency.

18 As part of the Agency’s annual budget request submission

19 to the Congress, the Administrator shall submit a report

20 to the Committee on Science and the Committee on Appro21 priations of the House of Representatives, and to the Com22 mittee on Environment and Public Works and the Com23 mittee on Appropriations of the Senate, that identifies—

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

25 Agency and for persons awarded contracts or sub-
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1 contracts by the Agency for the fiscal year of such

2 budget submission, as well as for the 2 previous fiscal

3 years;

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

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

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

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

8 a grant, contract, subcontract, or any other form of finan9 cial assistance awarded by the Agency to a trade associa10 tion on a noncompetitive basis. As part of the Agency’s an11 nual budget request submission to the Congress, the Admin12 istrator shall submit a report to the Committee on Science

13 and the Committee on Appropriations of the House of Rep14 resentatives, and to the Committee on Environment and

15 Public Works and the Committee on Appropriations of the

16 Senate, that identifies—

17 (1) the estimated amount of funds provided by

18 the Agency to trade associations, by trade association,

19 for the fiscal year of such budget submission, as well

20 as for the 2 previous fiscal years;

21 (2) the services either provided or to be provided

22 by each such trade association; and

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

24 each such trade association.
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1 (c) KYOTO PROTOCOL.—None of the funds authorized

2 by this Act may be used to propose or issue rules, regula3 tions, decrees, or orders for the purpose of implementation,

4 or in preparation for implementation, of the Kyoto Protocol

5 which was adopted on December 11, 1997, in Kyoto, Japan,

6 at the Third Conference of the Parties to the United Nations

7 Framework Convention on Climate Change, which has not

8 been submitted to the Senate for advice and consent to rati9 fication pursuant to article II, section 2, clause 2 of the

10 United States Constitution, and which has not entered into

11 force pursuant to article 25 of the Protocol.

12 SEC. 7. LIMITATION ON DEMONSTRATIONS.

13 The Agency shall provide funding for scientific or en14 ergy or commercial application of energy technology dem15 onstration programs of the Office of Air and Radiation only

16 for technologies or processes that can be reasonably expected

17 to yield new, measurable benefits to the cost, efficiency, or

18 performance of the technology or process.

19 SEC. 8. FEDERAL ACQUISITION REGULATION.

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

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

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

23 in a manner that deviates from the Federal Acquisition

24 Regulation, unless the Administrator grants, on a case-by25 case basis, a waiver to allow for such a deviation. The Ad-
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1 ministrator may not delegate the authority to grant such

2 a waiver.

3 (b) CONGRESSIONAL NOTICE.—At least 60 days before

4 a contract award, amendment, or modification for which

5 the Administrator intends to grant such a waiver, the Ad6 ministrator shall submit to the Committee on Science and

7 the Committee on Appropriations of the House of Rep8 resentatives, and to the Committee on Environment and

9 Public Works and the Committee on Appropriations of the

10 Senate, a report notifying the committees of the waiver and

11 setting forth the reasons for the waiver.

12 SEC. 9. REQUESTS FOR PROPOSALS.

13 None of the funds authorized to be appropriated by this

14 Act may be used by the Agency to prepare or initiate Re15 quests for Proposals (RFPs) for a program, project or activ16 ity if the program, project or activity has not been specifi17 cally authorized by Congress.

18 SEC. 10. PRODUCTION OR PROVISION OF ARTICLES OR

19 SERVICES.

20 None of the funds authorized to be appropriated by this

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

22 the Office of Air and Radiation to produce or provide arti23 cles or services for the purpose of selling the articles or serv24 ices to a person outside the Federal Government, unless the

25 Administrator determines that comparable articles or serv-
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1 ices are not available from a commercial source in the

2 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 agree11 ment from any Federal funding source for a project that

12 was not subjected to a competitive, merit-based award proc13 ess, except as specifically authorized by this Act. Any exclu14 sion from consideration pursuant to this section shall be

15 effective for a period of 5 years after the person receives

16 such Federal funds.

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

18 receipt of Federal funds by a person due to the membership

19 of that person in a class specified by law for which assist20 ance is awarded to members of the class according to a for21 mula provided by law or under circumstances permitting

22 other than full and open competition under the Federal Ac23 quisition Regulation.

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

25 term ‘‘grant agreement’’ means a legal instrument whose
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1 principal purpose is to transfer a thing of value to the re2 cipient to carry out a public purpose of support or stimula3 tion authorized by a law of the United States, and does

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

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

6 United States Government. Such term does not include a

7 cooperative agreement (as such term is used in section 6305

8 of title 31, United States Code) or a cooperative research

9 and development agreement (as such term is defined in sec10 tion 12(d)(1) of the Stevenson-Wydler Technology Innova11 tion Act of 1980 (15 U.S.C. 3710a(d)(1))).

12 SEC. 12. INTERNET AVAILABILITY OF INFORMATION.

13 The Administrator shall make available through the

14 Internet home page of the Environmental Protection Agency

15 the abstracts relating to all research grants and awards

16 made with funds authorized by this Act. Nothing in this

17 section shall be construed to require or permit the release

18 of any information prohibited by law or regulation from

19 being released to the public.

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.’’.

Union Calendar No. 286

106TH CONGRESS

2D SESSION H. R. 1743

[Report No. 106–511]

A BILL

To authorize appropriations for fiscal years 2000

and 2001 for the environmental and scientificand energy research, development, and demonstration and commercial application of energytechnology programs, projects, and activities ofthe Office of Air and Radiation of the Environmental Protection Agency, and for other purposes.

MARCH 6, 2000

Reported with amendments, committed to the Committee

of the Whole House on the State of the Union, and ordered to be printed.