Union Calendar No. 93
105TH CONGRESS
1ST SESSION
H. R. 1276
[Report No. 105–99, Parts I and II]
A BILL
To authorize appropriations for fiscal years 1998
and 1999 for the research, development, and
demonstration activities of the Environmental
Protection Agency, and for other purposes.
JUNE 26, 1997
Reported from the Committee on Commerce with an
amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be
printed
IB
Union Calendar No. 93
105TH CONGRESS
1ST SESSION
H. R. 1276
[Report No. 105–99, Parts I and II]
To authorize appropriations for fiscal years 1998 and 1999 for the research,
development, and demonstration activities of the Environmental Protec-
tion Agency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. CALVERT introduced the following bill; which was referred to the
Committee on Science
MAY 16, 1997
Reported with an amendment, referred to the Committee on Commerce for a
period ending not later than June 20, 1997, for consideration of such
provisions of the bill and amendment as fall within the jurisdiction of
that committee pursuant to clause 1(e), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
JUNE 20, 1997
Referral to the Committee on Commerce extended for a period ending not
later than June 26, 1997
JUNE 26, 1997
Additional sponsors: Mr. BROWN of California, Ms. JACKSON-LEE of Texas,
and Mr. EHLERS
JUNE 26, 1997
Reported from the Committee on Commerce with an amendment, 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 boldface roman]
[For text of introduced bill, see copy of bill as introduced on April 10, 1997]
A BILL
To authorize appropriations for fiscal years 1998 and 1999
for the research, development, and demonstration activi-
ties of the Environmental Protection Agency, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Environmental Re-
search, Development, and Demonstration Authorization Act
of 1997’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Administrator’’ means the Administrator of
the Environmental Protection Agency;
(2) ‘‘Agency’’ means the Environmental Protec-
tion Agency; and
(3) ‘‘Assistant Administrator’’ means the Assist-
ant Administrator for Research and Development of
the Agency.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator $481,064,800 for fiscal year
1998 and $494,806,500 for fiscal year 1999 for Science and
Technology activities, including program management and
support, in the areas specified in subsection (b).
(b) SPECIFIC PROGRAMS
AND ACTIVITIES.—Of the
amounts authorized in subsection (a), there are authorized
to be appropriated the following:
(1) For administration and resource manage-
ment, $227,700 for fiscal year 1998 and $234,500 for
fiscal year 1999.
(2) For research in the Office of Air and Radi-
ation, 
$81,898,900 
for 
fiscal 
year 
1998 
and
$84,355,800 for fiscal year 1999, of which—
(A) $43,183,300 for fiscal year 1998 and
$44,478,800 for fiscal year 1999 shall be avail-
able for ozone, carbon monoxide, and nitrogen
oxides research;
(B) $6,741,200 for fiscal year 1998 and
$6,943,400 for fiscal year 1999 shall be available
for particulate matter, visibility, and haze re-
search;
(C) $4,249,200 for fiscal year 1998 and
$4,376,700 for fiscal year 1999 shall be available
for air toxics research;
(D) $4,000,000 for fiscal year 1998 and
$4,120,000 for fiscal year 1999 shall be available
for acid rain research;
(E) $16,408,200 for fiscal year 1998 and
$16,900,400 for fiscal year 1999 shall be avail-
able for climate change research;
(F) $2,389,900 for fiscal year 1998 and
$2,461,600 for fiscal year 1999 shall be available
for indoor environment research;
(G) $4,147,100 for fiscal year 1998 and
$4,271,500 for fiscal year 1999 shall be available
for radiation research; and
(H) $780,000 for fiscal year 1998 and
$803,400 for fiscal year 1999 shall be available
for the working capital fund to support the Na-
tional Vehicle and Fuel Emissions Laboratory in
Ann Arbor, Michigan, the National Air and Ra-
diation Environmental Laboratory in Montgom-
ery, Alabama, and the Radiation and Indoor
Environments National Laboratory in Las
Vegas, Nevada.
(3) For enforcement and compliance assurance
at the National Enforcement Investigation Center,
$8,893,100 for fiscal year 1998 and $9,159,900 for
fiscal year 1999.
(4) For prevention, pesticides, and toxic sub-
stances, $3,436,000 for fiscal year 1998 and
$3,539,100 for fiscal year 1999, of which—
(A) $1,546,200 for fiscal year 1998 and
$1,592,600 for fiscal year 1999 shall be available
for registration activities; and
(B) $1,889,800 for fiscal year 1998 and
$1,946,500 for fiscal year 1999 shall be available
for reregistration activities.
(5) For the Office of Research and Development,
$401,278,500 for fiscal year 1998 and $412,626,600
for fiscal year 1999, of which—
(A) $105,457,900 for fiscal year 1998 and
$108,621,600 for fiscal year 1999 shall be avail-
able for ecosystem protection research;
(B) $14,138,600 for fiscal year 1998 and
$14,562,800 for fiscal year 1999 shall be avail-
able for global change research;
(C) $19,871,100 for fiscal year 1998 and
$20,467,200 for fiscal year 1999 shall be avail-
able for air toxics research;
(D) $3,344,800 for fiscal year 1998 and
$3,445,100 for fiscal year 1999 shall be available
for waste, site, and risk characterization re-
search;
(E) $5,448,900 for fiscal year 1998 and
$5,612,400 for fiscal year 1999 shall be available
for waste management and site remediation re-
search;
(F) $53,626,000 for fiscal year 1998 and
$55,234,800 for fiscal year 1999 shall be avail-
able for human health protection research;
(G) $15,872,900 for fiscal year 1998 and
$16,349,100 for fiscal year 1999 shall be avail-
able for special environmental hazards research;
(H) $42,036,000 for fiscal year 1998 and
$43,297,100 for fiscal year 1999 shall be avail-
able for new technology and pollution prevention
research; and
(I) $141,482,300 for fiscal year 1998 and
$145,036,500 for fiscal year 1999 shall be avail-
able for science quality and infrastructure re-
search.
(6) For the Drinking Water Technical Support
Center, 
$1,738,800 
for 
fiscal 
year 
1998 
and
$1,791,000 for fiscal year 1999.
Notwithstanding paragraphs (1) through (6), the total
amount which may be appropriated under this subsection
shall not exceed the overall sums stated in subsection (a).
(c) ADDITIONAL AUTHORIZATIONS.—There are author-
ized to be appropriated to the Administrator—
(1) for criteria air pollutants research by the Of-
fice of Research and Development, $75,163,100 for fis-
cal year 1998 and $77,418,000 for fiscal year 1999,
including—
(A) $50,000,000 for fiscal year 1998 and
$51,500,000 for fiscal year 1999 for particulate
matter research; and
(B) $18,700,000 for fiscal year 1998 and
$19,260,000 for fiscal year 1999 for ozone re-
search, including study of the transportation of
ozone and ozone precursors on a national scale;
(2) for drinking water research by the Office of
Research and Development, $39,467,600 for fiscal
year 1998 and $40,651,600 for fiscal year 1999;
(3) for oil pollution related research, $1,017,200
for fiscal year 1998 and $1,047,700 for fiscal year
1999;
(4) for research related to leaking underground
storage tanks, $693,600 for fiscal year 1998 and
$714,400 for fiscal year 1999; and
(5) for research related to the Comprehensive En-
vironmental Response, Compensation, and Liability
Act of 1980, $39,755,900 for fiscal year 1998 and
$40,948,600 for fiscal year 1999.
(d) LIMITATIONS.—Other than amounts awarded
through a competitive process, or as specifically authorized
by an Act other than a general appropriations Act, no
funds are authorized to be appropriated by this Act for—
(1) the North Dakota Center for Air Toxic Metals
Research;
(2) Oil Spill Restoration at the Louisiana Envi-
ronmental Research Center;
(3) the Mine Waste Technology Program;
(4) Livestock and Agriculture Pollution Abate-
ment;
(5) Resource and Agriculture Policy Develop-
ment;
(6) San Joaquin Valley PM–10 Study;
(7) the Clean Air Status and Trends Network
(CASNET) monitoring station in New England;
(8) the National Decentralized Water Resources
Capacity Project;
(9) the Lung Disease Study by the National
Jewish Center;
(10) the Lower Mississippi River Cancer Study;
or
(11) the Northern Iowa Small Business Pollution
Prevention Center.
(e) TRANSBOUNDARY POLLUTION RESEARCH.—From
funds appropriated pursuant to this Act, $1,000,000 are
authorized to be appropriated to the Administrator for each
of the fiscal years 1998 and 1999 to support the United
States-Mexico Foundation for Science for research related
to environmental issues in the United States-Mexico
transboundary region, including the Salton Sea.
SEC. 4. SCIENTIFIC RESEARCH REVIEW.
The Administrator shall assign to the Assistant Ad-
ministrator the duties of—
(1) developing a strategic plan for scientific and
technical research activities throughout the Agency;
(2) integrating that strategic plan into ongoing
Agency planning activities; and
(3) reviewing all Agency research to ensure the
research—
(A) is of high quality; and
(B) does not duplicate any other research
being conducted by the Agency.
SEC. 5. GRADUATE STUDENT FELLOWSHIPS.
In carrying out the graduate student fellowship pro-
gram for which funds are authorized to be appropriated by
this Act, the Administrator shall ensure that any fellowship
award to a student selected after the date of the enactment
of this Act is used only to support scientific research that
would further missions of the Office of Research and Devel-
opment.
SEC. 6. SCIENCE ADVISORY BOARD.
(a) ANNUAL REPORT.—The Science Advisory Board
shall submit to Congress and to the Administrator an an-
nual report that contains the views of the Science Advisory
Board on proposed research programs as described in the
President’s budget for research, development, and dem-
onstration activities at the Environmental Protection Agen-
cy. Such report shall be submitted to Congress as soon as
practicable after the submission of the President’s budget
to Congress. The Administrator shall cooperate with the Di-
rector of the Science Advisory Board, particularly with re-
spect to the timely provision of budget information to the
Science Advisory Board, to allow the Science Advisory
Board to carry out its duties under this subsection.
(b) EVALUATION.—The Science Advisory Board shall
conduct periodic evaluations of selected areas of the current
and planned research, development, and demonstration ac-
tivities of the Environmental Protection Agency. The areas
of evaluation shall be selected by the Science Advisory
Board in consultation with the Administrator, the Office
of Research and Development, other Agency programs, and
appropriate committees of the Congress. Reports containing
the Science Advisory Board’s evaluations and recommenda-
tions shall be filed with such committees and the Adminis-
trator. The Administrator shall provide to such committees
a written response to the Science Advisory Board’s evalua-
tion and recommendations within 60 days after the Science
Advisory Board’s report has been submitted.
(c) SUBMISSION TO CONGRESS.—The Administrator
shall submit to the Congress any report required by law
to be submitted to the Administrator by the Science Advi-
sory Board. The Administrator shall make any such sub-
mission not later than 60 days after the Administrator re-
ceives the report from the Science Advisory Board.
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Administrator $2,418,300 for fiscal year
1998 and $2,490,800 of the Environmental Protection
Agency posed by the problems referred to in paragraph (1),
and plan and budget for achieving Year 2000 compliance
for all of its mission-critical systems; and
(3) develop contingency plans for those systems
that the Environmental Protection Agency is unable
to correct in time.
SEC. 10. BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No
funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popu-
larly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of Congress that entities receiving such assistance
should, in expending the assistance, purchase only Amer-
ican-made equipment and products.
(c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under this Act, the Adminis-
trator shall provide to each recipient of the assistance a no-
tice describing the statement made in subsection (a) by the
Congress.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Environ-
mental Research, Development, and Dem-
onstration Authorization Act of 1997’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Administrator’’ means the Admin-
istrator of the Environmental Protection
Agency;
(2) ‘‘Agency’’ means the Environ-
mental Protection Agency; and
(3) ‘‘Assistant Administrator’’ means
the Assistant Administrator for Research
and Development of the Agency.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to
be appropriated to the Administrator for the
Office of Research and Development in the
Environmental Protection Agency for envi-
ronmental research and development activi-
ties not authorized under other authority of
law, $401,278,500 for fiscal year 1998 and
$412,626,600 for fiscal year 1999, of which—
(1) $105,457,900 for fiscal year
1998 and $108,621,600 for fiscal year
1999 shall be available for ecosystem
protection research;
(2) $14,138,600 for fiscal year 1998
and $14,562,800 for fiscal year 1999
shall be available for global change
research;
(3) $19,871,100 for fiscal year 1998
and $20,467,200 for fiscal year 1999
shall be available for air toxics re-
search;
(4) $3,344,800 for fiscal year 1998
and $3,445,100 for fiscal year 1999
shall be available for waste, site, and
risk characterization research;
(5) $5,448,900 for fiscal year 1998
and $5,612,400 for fiscal year 1999
shall be available for waste manage-
ment and site remediation research;
(6) $53,626,000 for fiscal year 1998
and $55,234,800 for fiscal year 1999
shall be available for human health
protection research;
(7) $15,872,900 for fiscal year 1998
and $16,349,100 for fiscal year 1999
shall be available for special environ-
mental hazards research;
(8) $42,036,000 for fiscal year 1998
and $43,297,100 for fiscal year 1999
shall be available for new technology
and pollution prevention research;
and
(9) $141,482,300 for fiscal year
1998 and $145,036,500 for fiscal year
1999 shall be available for science
quality and infrastructure research.
(b) PESTICIDES.—For pesticide registration
activities, $1,546,299 for fiscal year 1998 and
$1,592,600 for fiscal year 1999, and for pes-
ticide reregistration activities, $1,889,800 for
fiscal year 1998 and $1,946,500 for fiscal year
1999.
(c) 
LIMITATIONS.—Other 
than 
amounts
awarded through a competitive process, or as
specifically authorized by an Act other than
a general appropriations Act, no funds are au-
thorized to be appropriated by this Act for
any of the following:
(1) Oil Spill Restoration at the Louisi-
ana Environmental Research Center.
(2) The Mine Waste Technology Pro-
gram.
(3) Livestock and Agriculture Pollu-
tion Abatement.
(4) Resource and Agriculture Policy
Development.
(5) The National Decentralized Water
Resources Capacity Project.
(d) ADDITIONAL
AUTHORIZATIONS.—There
are authorized to be appropriated to the Ad-
ministrator for environmental research and
development activities not authorized under
other authority of law—
(1) for oil pollution related research,
$1,017,200 
for 
fiscal 
year 
1998 
and
$1,047,700 for fiscal year 1999; and
(2) for research related to the Com-
prehensive 
Environmental 
Response,
Compensation, and Liability Act of 1980,
$39,755,900 for fiscal year 1998 and
$40,948,600 for fiscal year 1999.
(e) 
TRANSBOUNDARY
POLLUTION
RE-
SEARCH.—From funds appropriated pursuant
to this Act, $1,000,000 are authorized to be ap-
propriated to the Administrator for each of
the fiscal years 1998 and 1999 to support the
United States-Mexico Foundation for Science
for research related to environmental issues
in the United States-Mexico transboundary
region, including the Salton Sea.
SEC. 4. SCIENTIFIC RESEARCH REVIEW.
The Administrator shall assign to the As-
sistant Administrator the duties of—
(1) developing a strategic plan for sci-
entific and technical research activities
throughout the Agency;
(2) integrating that strategic plan
into ongoing Agency research and devel-
opment planning activities; and
(3) reviewing all Agency research to
determine whether the research—
(A) is of high quality; and
(B) does not duplicate any other
research being conducted by the
Agency.
SEC. 5. GRADUATE STUDENT FELLOWSHIPS.
In carrying out the graduate student fel-
lowship program for which funds are author-
ized to be appropriated by this Act, the Ad-
ministrator shall ensure that any fellowship
award to a student selected after the date of
the enactment of this Act is used only to sup-
port scientific research activities of the Envi-
ronmental Protection Agency.
SEC. 6. SCIENCE ADVISORY BOARD.
(a) ANNUAL REPORT.—The Science Advi-
sory Board shall submit to Congress and to
the Administrator an annual report that con-
visory Board’s evaluations and recommenda-
tions shall be filed with such committees and
the Administrator. The Administrator shall
provide to such committees a written re-
sponse to the Science Advisory Board’s eval-
uation and recommendations within 60 days
after the Science Advisory Board’s report has
been submitted.
(c) SUBMISSION TO CONGRESS.—The Admin-
istrator shall submit to the Congress any re-
port required by law to be submitted to the
Administrator by the Science Advisory Board.
The Administrator shall make any such sub-
mission not later than 60 days after the Ad-
ministrator receives the report from the
Science Advisory Board.
(d) AUTHORIZATION.—There are authorized
to be appropriated to the Administrator
$2,418,300 for fiscal year 1998 and $2,490,800
for fiscal year 1999 for activities of the
Science Advisory Board.
SEC. 7. LIMITATIONS.
(a) PROHIBITION OF LOBBYING ACTIVITIES.—
None of the funds authorized by this Act shall
be available for any activity whose purpose is
to influence legislation pending before the
Congress, except that this subsection shall
not prevent officers or employees of the Unit-
ed States or of its departments or agencies
from communicating to Members of Congress
on the request of any Member or to Congress,
through the proper channels, requests for leg-
islation or appropriations which they deem
necessary for the efficient conduct of the pub-
lic business.
(b) ELIGIBILITY FOR AWARDS.—
(1) IN
GENERAL.—The Administrator
shall exclude from consideration for
grant agreements made by the Agency
after fiscal year 1997 any person who re-
ceived funds, other than those described
in paragraph (2), appropriated for a fiscal
year after fiscal year 1997, under a grant
agreement from any Federal funding
source for a project that was not sub-
jected 
to 
a 
competitive, 
merit-based
award process. Any exclusion from con-
sideration pursuant to this subsection
shall be effective for a period of 5 years
after the person receives such Federal
funds.
(2) EXCEPTION.—Paragraph (1) 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 pro-
vided by law.
(3) DEFINITION.—For purposes of this
subsection, 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 pur-
pose 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 re-
search and development agreement (as
such term is defined in section 12(d)(1) of
the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 8. NOTICE.
(a) NOTICE
OF REPROGRAMMING.—If any
funds authorized by this Act are subject to a
reprogramming action that requires notice to
be provided to the Appropriations Commit-
tees of the House of Representatives and the
Senate, notice of such action shall concur-
rently be provided to the Committees on
Science, Commerce, and Transportation and
Infrastructure of the House of Representa-
tives and the Committee on Environment and
Public Works of the Senate.
(b) NOTICE OF REORGANIZATION.—The Ad-
ministrator shall provide notice to the Com-
mittees on Science, Commerce, Transpor-
tation and Infrastructure, and Appropriations
of the House of Representatives, and the Com-
mittees on Environment and Public Works
and Appropriations of the Senate, not later
than 15 days before any major reorganization
of any program, project, or activity of the
Agency.
SEC. 9. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is
the sense of Congress that the Environmental
Protection Agency should—
(1) give high priority to correcting all
2-digit date-related problems in its com-
puter systems to ensure that those sys-
tems continue to operate effectively in
the year 2000 and beyond;
(2) assess immediately the extent of
the risk to the operations of the Environ-
mental Protection Agency posed by the
problems referred to in paragraph (1),
and plan and budget for achieving Year
2000 compliance for all of its mission-crit-
ical systems; and
(3) develop contingency plans for
those systems that the Environmental
Protection Agency is unable to correct in
time.
SEC. 10. BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—
No funds appropriated pursuant to this Act
may be expended by an entity unless the en-
tity agrees that in expending the assistance
the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American
Act’’).
(b) SENSE
OF CONGRESS.—In the case of
any equipment or products that may be au-
thorized to be purchased with financial assist-
ance provided under this Act, it is the sense
of Congress that entities receiving such as-
sistance should, in expending the assistance,
purchase only American-made equipment and
products.
(c) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance under this
Act, the Administrator shall provide to each
recipient of the assistance a notice describing
the statement made in subsection (a) by the
Congress.