IB
Union Calendar No. 207
103D CONGRESS
1ST SESSION
H. R. 1994
[Report No. 103–376]
To authorize appropriations for environmental research, development, and
demonstration for fiscal years 1994, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 1993
Mr. VALENTINE introduced the following bill; which was referred to the
Committee on Science, Space, and Technology
NOVEMBER 18, 1993
Additional sponsors: Mrs. MORELLA and Mr. KLEIN
NOVEMBER 18, 1993
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 5, 1993]
A BILL
To authorize appropriations for environmental research, de-
velopment, and demonstration for fiscal years 1994, 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 1993’’.
SEC. 2. GENERAL AUTHORIZATION.
(a) ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Administrator of the Environmental
Protection Agency (hereafter in this Act referred to as
the ‘‘Administrator’’) $475,400,000 for fiscal year
1994 for environmental research, development, and
demonstration activities and for program manage-
ment and support of the Office of Research and Devel-
opment.
(2) AUTHORIZATIONS OF PROGRAMS AND ACTIVI-
TIES.—Of the amount authorized in paragraph (1)
for fiscal year 1994, there are authorized to be appro-
priated for such fiscal year the following:
(A) For air related research, $126,000,000.
(B) For water related research, $49,000,000.
(C) For toxic chemical related research,
$76,000,000.
(D) For lab and field expenses, $49,000,000.
(E) For headquarters expenses, $5,400,000.
(F) For multimedia related research ex-
penses, $163,000,000.
(G) For program management expenses,
$7,000,000.
(3) EFFECT ON OTHER AUTHORIZATION.—Noth-
ing in this Act shall affect amounts authorized for fis-
cal year 1994 for Superfund research activities as au-
thorized by the Superfund Amendments and Reau-
thorization Act of 1986 (P.L. 99–499; 100 Stat.
1613).
(b) LIMITATION ON CLOSING OFFICES AND REDUC-
TIONS-IN-FORCE.—The Administrator shall not close any
field station, regional office, laboratory, or other research
center, or permit any reduction-in-force, and no closing or
reduction shall be finalized, unless at least 30 days prior
to the issuing of any general notice of such closing or reduc-
tion the Administrator informs the appropriate legislative
and appropriations committees of the House of Representa-
tives and the Senate in writing of the reasons for such clos-
ing or reduction, the impact of such closing or reduction
on carrying out the provisions of this Act, the details of
such reduction or closing, and other pertinent information.
(c) AVAILABILITY.—Appropriations made pursuant to
this Act shall remain available for obligation or expenditure
for such periods as may be specified in the Acts making
such appropriations.
(d) LIMITATION ON APPROPRIATIONS.—Notwithstand-
ing any other provision of this Act, no funds are authorized
to be appropriated for any fiscal year after fiscal year 1994
for carrying out the programs and activities for which
funds are authorized by this Act, or the amendments made
by this Act.
(e) LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.—
(1) LIMITATION.—Except as provided in para-
graph (2), no funds appropriated for research, devel-
opment, and demonstration activities of the Environ-
mental Protection Agency may be obligated unless the
funds are specifically authorized for such activities
under this Act or any other authorization Act.
(2) CONTINUING
AUTHORITY.—The Adminis-
trator may, during a fiscal year, obligate funds ap-
propriated for an activity described in paragraph (1)
that have not been authorized by this Act or any other
authorization Act in an amount that does not exceed
the lesser of—
(A) the amount of funds appropriated for
the activity in the fiscal year preceding such fis-
cal year; or
(B) ninety percent of the amount of funds
appropriated for the activity in such fiscal year.
(3) DEFINITION.—For purposes of this sub-
section—
(A) the term ‘‘authorization Act’’ means an
Act which provides for the authorization of ap-
propriations for research, development, and dem-
onstration activities of the Environmental Pro-
tection Agency, except that such term does not
include general or supplemental appropriations
Acts or any other Act which provides for budget
authority; and
(B) the term ‘‘budget authority’’ has the
same meaning given such term in section 3(2) of
the Congressional Budget and Impoundment Act
of 1974.
SEC. 3. FUNDAMENTAL RESEARCH PROGRAMS.
(a) ESTABLISHMENT.—In addition to providing re-
search support for the regulatory needs of the program of-
fices, the Administrator shall establish separately identified
research programs consisting of fundamental ecological,
health, and risk reduction research. Such research shall be
undertaken for the purpose of generating fundamental
knowledge necessary to support efforts to identify, assess,
and mitigate serious environmental risks.
(b) AUTHORITY.—In carrying out programs under this
section, the Administrator may support research on envi-
ronmental processes and trends, identification and assess-
ment of potential risks to human health and the environ-
ment, and approaches to prevent and reduce such risks. The
Administrator is authorized to establish and maintain re-
sources, expertise, and facilities necessary to the advance-
ment of the fundamental research programs established in
this section.
(c) REPORT OF THE ADMINISTRATOR.—The Adminis-
trator shall biennially prepare and submit to the Congress
and the Science Advisory Board referred to in subsection
(d) a report containing the Administrator’s assessment of
the programs established pursuant to subsection (a).
(d) SCIENCE ADVISORY BOARD.—The Science Advi-
sory Board established under the Environmental Research,
Development, and Demonstration Authorization Act of
1978 (hereafter in this Act referred to as the ‘‘Science Advi-
sory Board’’), or a designated subcommittee thereof, shall—
(1) review the activities undertaken under the
programs established under subsection (a);
(2) make recommendations on the appropriate
balance between the fundamental research and the
programmatic research undertaken by the Environ-
mental Protection Agency and update such rec-
ommendations at least every two years;
(3) make any recommendations with respect to
the programs established under subsection (a) that the
Science Advisory Board considers to be appropriate;
and
(4) every two years beginning in March 1994,
submit to the Administrator and the Congress a re-
port containing—
(A) an assessment of the most recent report
of the Administrator prepared pursuant to sub-
section (c);
(B) the results of a review undertaken pur-
suant to paragraph (1); and
(C) the recommendations (with any updates
thereto) made pursuant to paragraphs (2) and
(3).
(e) CONFORMING AMENDMENT.—Section 2 of the Envi-
ronmental Research, Development, and Demonstration Au-
thorization Act of 1981 is amended by striking subsection
(f).
SEC. 4. ENVIRONMENTAL MONITORING AND ASSESSMENT
PROGRAM.
(a) ESTABLISHMENT.—The Administrator shall estab-
lish an Environmental Monitoring and Assessment Pro-
gram to conduct comprehensive, long-term environmental
monitoring, data collection, and data analysis as a means
of assessing and responding to the current and long-term
status and trends of the ecological resources of the United
States.
(b) COORDINATION.—The Administrator shall coordi-
nate the Environmental Monitoring and Assessment Pro-
gram activities with the heads of other Federal agencies in
order to identify, integrate, and fully utilize results of relat-
ed efforts undertaken by other agencies and minimize dupli-
cation of efforts.
(c) ANNUAL REPORT.—The Administrator shall pub-
lish an annual report identifying and assessing the per-
formance of the activities undertaken under the Environ-
mental Monitoring and Assessment Program, the effective-
ness of interagency coordination, and the contributions of
multiagency research to the advancement of research goals.
(d) PUBLIC DATA.—The Administrator shall periodi-
cally submit to Congress and make publicly available a
compilation of any statistical data summaries and inter-
pretive reports on ecological status and trends developed as
a result of the Environmental Monitoring and Assessment
Program.
SEC. 5. MODERNIZATION PROGRAM.
(a) MODERNIZATION PROGRAM.—The Administrator
shall establish a modernization program designed to iden-
tify, acquire, and maintain modern buildings, facilities,
supplies, and equipment needed to conduct high quality re-
search. In carrying out this section, the Administrator shall
ensure that such buildings, facilities, supplies, and equip-
ment shall at a minimum meet the standards generally ac-
cepted by the scientific community as appropriate for con-
ducting research, including research instrumentation re-
placement standards.
(b) STUDIES.—The Administrator shall conduct stud-
ies—
(1) to evaluate and determine the adequacy of
current buildings, facilities, supplies, and equipment
and identify future building, facility, supplies, equip-
ment and research instrumentation needs; and
(2) to identify and assess future research person-
nel needs and make recommendations for attracting
and retaining qualified scientists, engineers and other
personnel to meet such needs.
(c) DEADLINE FOR SUBMISSION.—The studies required
by this section shall be submitted to the Committee on
Science, Space, and Technology of the House of Representa-
tives and the Committee on Environment and Public Works
of the Senate within one year after the date of enactment
of this Act.
SEC. 6. REPEAL OF 5-YEAR RESEARCH REPORT REQUIRE-
MENT.
(a) REPEAL.—Section 5 of the Environmental Re-
search, Development, and Demonstration Authorization Act
of 1976 is repealed.
(b) AMENDMENTS
TO
THE
ENVIRONMENTAL
RE-
SEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHOR-
IZATION ACT OF 1978.—The Environmental Research, De-
velopment, and Demonstration Authorization Act of 1978
is amended as follows:
(1) Strike section 4.
(2) Strike ‘‘including those defined in the five-
year research plan’’ at the end of section 7(a).
(3) Strike section 8(c).
(4) Strike ‘‘The Administrator shall include’’
and all that follows through the end of the subsection
in section 9(a).
SEC. 7. 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, the
Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Environment and
Public Works of the Senate. Reports containing the Science
Advisory Board’s evaluations and recommendations shall
be filed with such committees and the Administrator. The
Administrator shall provide to such committees a written
response to the Science Advisory Board’s evaluation and
recommendations within 60 days after the Science Advisory
Board’s report has been submitted.
(c) REVIEW OF CERTAIN RESEARCH ACTIVITIES.—The
Science Advisory Board shall annually review the research
activities of the Environmental Protection Agency under
section 14(b)(2) and shall include the results of such review
in the annual report required by section 7.
(d) CONCURRENT SUBMISSION TO CONGRESS.—Any
report required by law to be submitted by the Science Advi-
sory Board to the Administrator shall be concurrently sub-
mitted to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Envi-
ronment and Public Works in the Senate.
SEC. 8. MISCELLANEOUS AUTHORIZATION FOR COOPERA-
TIVE AGREEMENTS.
In reviewing research, development and demonstration
grant, contract, and cooperative agreement applications,
the Administrator may enter into cooperative agreements
to conduct appropriate scientific and professional reviews
of such applications and may use research funds authorized
by this Act for such cooperative agreements.
SEC. 9. RESEARCH ACCOMPLISHMENTS REPORT.
The Administrator shall submit an annual report to
the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate setting out the accom-
plishments of the research, development, and demonstration
programs for which funds are authorized by this Act and
the significance of such accomplishments to the Environ-
mental Protection Agency’s mission.
SEC. 10. TECHNOLOGY TRANSFER AND INFORMATION EX-
CHANGE.
The Administrator shall carry out a program of envi-
ronmental technology transfer and exchange of scientific
and technical information designed to make full and effec-
tive use of the Agency’s research, development, and dem-
onstration efforts. The Administrator may establish and
maintain resources necessary to advance such technology
transfer and information exchange program.
SEC. 11. RESEARCH TO SUPPORT THE EVALUATION OF
HEALTH AND ECOLOGICAL RISK.
(a) ESTABLISHMENT.—The Administrator shall estab-
lish a separately identified research program designed to
improve the capability of the Environmental Protection
Agency to identify, assess, and compare risks to public
health and natural ecosystems resulting from contamina-
tion of the environment.
(b) OBJECTIVES.—Under the program authorized by
subsection (a), the Administrator may conduct research
to—
(1) develop and improve methodologies for the
comparison of risks to public health and natural
ecosystems, including risks resulting from contamina-
tion of different environmental media;
(2) facilitate the monitoring of pollutants and
contaminants discharged to the environment;
(3) identify and develop methodologies for assess-
ing and reducing risks to natural ecosystems;
(4) develop and improve methodologies for the
assessment of noncancer risks to public health and the
integrated assessment of cancer and noncancer health
risks;
(5) support any other activities of the Environ-
mental Protection Agency relating to the identifica-
tion, assessment, or comparison of risks to public
health and natural ecosystems resulting from con-
tamination of the environment; and
(6) develop improved methodologies for evaluat-
ing the benefits, both quantitatively and qualitatively,
of ecological protection activities, including improved
methods to value natural resources and to account for
long-term environmental effects in the Agency’s eco-
nomic analysis.
SEC. 12. BIOLOGICAL DIVERSITY RESEARCH.
The Administrator shall, from funds authorized in sec-
tion 2, conduct a program of fundamental research on, and
monitoring of, natural and human-generated impacts on
biological diversity. The program shall be conducted in con-
sultation with the heads of other appropriate Federal agen-
cies and a biodiversity research council established by the
Administrator. The research may include—
(1) assessments of relevant species or popu-
lations;
(2) assessments of biological diversity trends;
(3) technologies to identify and assess the effects
of environmental pollution and perturbation, com-
pared to the effects of natural occurrences, on biologi-
cal diversity; and
(4) assessments of cost-effective strategies to miti-
gate such effects.
SEC. 13. LEAD RESEARCH PROGRAM.
(a) ESTABLISHMENT
OF PROGRAM.—The Adminis-
trator shall establish a program to conduct research, includ-
ing laboratory research in a controlled setting, on lead. The
research shall also include the following:
(1) Research on state-of-the-art technologies for
detecting lead in paint films and dust.
(2) Research on short-term and long-term cost-ef-
fective technologies for the removal of lead-based paint
and in-place management techniques. Such research
shall address the relative risk of, and the environ-
mental protection afforded by, various options to re-
move or ameliorate the toxic effects of lead-based
paint.
(3) A long-term research study in environ-
mentally compatible methods for permanent disposal,
recycling, or recovery of lead in lead contamination.
(4) A long-term research study to improve tech-
niques to measure lead levels, including levels of lead
in soil and dust. The study shall examine current and
proposed methods and technologies to measure lead
exposure hazards.
(5) A long-term research study to examine the
results of lead abatement activities. The study shall
evaluate the effectiveness of such activities and shall
include the long-term monitoring of post-abatement
lead exposure of children and adults.
(b) CONSULTATION
WITH OTHER FEDERAL AGEN-
CIES.—The Administrator shall consult with the heads of
other appropriate Federal agencies with respect to the con-
duct of the research specified in subsection (a).
(c) 
AUTHORIZATION
OF
APPROPRIATIONS.—Of
amounts authorized to be appropriated under section 2,
there are authorized to be appropriated to the Adminis-
trator $2,400,000 to carry out activities under this section.
SEC. 14. RISK ASSESSMENT RESEARCH PRIORITIES.
(a) IDENTIFICATION OF PRIORITY RISK ASSESSMENT
RESEARCH ISSUES.—
(1) REPORT.—Within six months after the date
of the enactment of this Act, the Administrator shall
submit to the Congress a report that identifies at least
10 environmental research issues—
(A) correlating to the environmental haz-
ards which the Administrator estimates to be in
the category of highest risk;
(B) regarding which there are, as deter-
mined by the Administrator, significant sci-
entific uncertainties with respect to the assess-
ment of such environmental risks; and
(C) with respect to which such uncertainties
could be significantly reduced through research.
(2) CONTENTS OF REPORT.—In addition to the
identification required by paragraph (1), the report
referred to in such paragraph shall include—
(A) an assessment of the research that has
been, or is being, conducted by the Environ-
mental Protection Agency with respect to each
issue identified under such paragraph;
(B) an identification, with respect to each
such issue, of the significant scientific uncertain-
ties that exist with respect to the assessment of
the environmental risks posed by the issue;
(C) an identification of the research that
needs to be conducted by the Environmental Pro-
tection Agency to reduce significantly such sci-
entific uncertainties; and
(D) a list that identifies such issues in
order of the priority in which such research
should be conducted.
(b) RESEARCH PROGRAM.—
(1) IN GENERAL.—The Administrator shall carry
out a research program to reduce the scientific uncer-
tainties with respect to the assessment of the environ-
mental risks posed by the issues identified under sub-
section (a). The research shall be conducted in accord-
ance with the priority list referred to in subsection
(a)(2)(D).
(2) ECONOMIC IMPACT ASSESSMENT.—As part of
the research program conducted under paragraph (1),
the Administrator shall conduct research to improve
the methodologies used to assess the economic impact
of technologies developed as a result of such research
program.
(c) BUDGET COORDINATION.—In the first budget sub-
mitted by the President to the Congress immediately follow-
ing the submission required by subsection (a), and in the
next four budgets submitted immediately after such budget,
the Administrator shall include a report that identifies the
research conducted by the Administrator in accordance with
the priority list referred to in subsection (a)(2)(D).
SEC. 15. REPORT ON OPPORTUNITIES FOR DEFENSE TECH-
NOLOGY TRANSFER IN DEVELOPMENT OF EN-
VIRONMENTALLY SENSITIVE PRODUCTS.
(a) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Administrator shall submit
to the Congress a report that identifies opportunities for
the technology transfer of defense-related research for envi-
ronmental applications. The report shall include informa-
tion on the development of environmentally sensitive prod-
ucts and processes that have dual-use or commercial appli-
cation, such as—
(1) the reduced use of toxic, hazardous, and envi-
ronmentally damaging substances;
(2) the development and employment of sub-
stitutes for such substances; and
(3) the reduction of emissions and waste genera-
tion in product design, manufacture, and mainte-
nance in relevant areas of technology.
(b) CONSULTATION.—In preparing the report required
under subsection (a), the Administrator shall consult with