I
106TH CONGRESS
1ST SESSION
H. R. 1743
To authorize appropriations for fiscal years 2000 and 2001 for the environ-
mental and scientific and energy research, development, and demonstra-
tion 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 applica-
tion of energy technology programs, projects, and activi-
ties of the Office of Air and Radiation of the Environ-
mental 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 Protec-
tion Agency Office of Air and Radiation Authorization Act
of 1999’’.
search, 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 activ-
ity;
(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 para-
graph (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 ses-
sion 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 Radi-
ation under this Act—
(1) up to the lesser of $250,000 or 5 percent
of the total funding for a fiscal year of an environ-
mental or scientific or energy research, development,
or demonstration or commercial application of en-
ergy technology program, project, or activity of the
Office of Air and Radiation; or
(2) after the expiration of 60 days after trans-
mitting to the Committee on Science and the Com-
mittee on Appropriations of the House of Represent-
atives, 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 re-
search, development, or demonstration or commer-
cial application of energy technology program,
project, or activity of the Office of Air and Radi-
ation.
(b) REPORT.—(1) The report referred to in sub-
section (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 sci-
entific 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 oper-
ational funding document, including any additions or
amendments thereto, provided to the Committee on Ap-
propriations of the House of Representatives or to the
Committee on Appropriations of the Senate.
(e) COPY OF REPORTS.—In addition to the docu-
ments 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 Envi-
ronment and Public Works and the Committee on Appro-
priations of the Senate, of any report relating to the envi-
ronmental 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 com-
mittee of Congress.
(f) NOTICE
OF REORGANIZATION.—The Adminis-
trator 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 ac-
tivity 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 ac-
tivities 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 activ-
ity;
(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 para-
graph (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 indi-
rectly 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 Appro-
priations 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 assist-
ance by the Agency for the fiscal year of such budg-
et 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 finan-
cial assistance awarded by the Agency to a trade associa-
tion 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 Envi-
ronment and Public Works and the Committee on Appro-
priations of the Senate, that identifies—
(1) the estimated amount of funds provided by
the Agency to trade associations, by trade associa-
tion, 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 pro-
vided 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 author-
ized 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 Frame-
work 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 appli-
cation of energy technology programs, projects, or activi-
ties of the Office of Air and Radiation only for tech-
nologies 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 be-
fore 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 Envi-
ronment and Public Works and the Committee on Appro-
priations 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 arti-
cles 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 au-
thorized 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 re-
ceives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
the receipt of Federal funds by a person due to the mem-
bership 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 stim-
ulation 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 de-
fined in section 12(d)(1) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
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