I
106TH CONGRESS
1ST SESSION
H. R. 1742
To authorize appropriations for fiscal years 2000 and 2001 for the environ-
mental and scientific research, development, and demonstration pro-
grams, projects, and activities of the Office of Research and Development
and Science Advisory Board 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 research, develop-
ment, and demonstration programs, projects, and activi-
ties of the Office of Research and Development and
Science Advisory Board 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 Protec-
tion Agency Office of Research and Development and
Science Advisory Board Authorization Act of 1999’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Agency;
(2) the term ‘‘Agency’’ means the Environ-
mental Protection Agency; and
(3) the term ‘‘Assistant Administrator’’ means
the Assistant Administrator for Research and Devel-
opment of the Agency.
SEC. 3. OFFICE OF RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator for the Office of Research
and Development for environmental and scientific re-
search, 
development, 
and 
demonstration 
programs,
projects, and activities for which specific sums are not au-
thorized under other authority of law $504,022,100 for
fiscal year 2000 and $519,940,600 for fiscal year 2001,
to remain available until expended, of which—
(1) $37,300,000 for fiscal year 2000 and
$38,419,000 for fiscal year 2001 shall be for envi-
ronmental and scientific research, development, and
demonstration programs, projects, and activities re-
lated to the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980,
subject to section 9(e) of this Act;
(2) $1,000,000 for fiscal year 2000 and
$1,030,000 for fiscal year 2001 shall be for environ-
mental and scientific research, development, and
demonstration programs, projects, and activities re-
lated to oil spills;
(3) $600,000 for fiscal year 2000 and $618,000
for fiscal year 2001 shall be for environmental and
scientific research, development, and demonstration
programs, projects, and activities related to leaking
underground storage tanks; and
(4) $491,715,100 for fiscal year 2000 and
$506,466,600 for fiscal year 2001 shall be for other
environmental and scientific research, development,
and demonstration programs, projects, and activities
of the Office of Research and Development.
(b) LIMITATION.—None of the amounts authorized
under subsection (a) may be obligated until 30 days after
the Administrator submits to the Committee on Science
and the Committee on Appropriations of the House of
Representatives, and the Committee on Environment and
Public Works and the Committee on Appropriations of the
Senate, a report detailing, for fiscal year 2000 and each
of the 2 previous fiscal years, for all Office of Research
and Development environmental and scientific research,
development, and demonstration programs, projects, and
activities, 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. SCIENTIFIC RESEARCH REVIEW.
(a) IN GENERAL.—The Administrator shall assign to
the Assistant Administrator the duties of—
(1) developing a strategic plan for environ-
mental and scientific research, development, and
demonstration programs, projects, and activities
throughout the Agency;
(2) integrating that strategic plan into ongoing
Agency planning activities; and
(3) reviewing all Agency environmental and sci-
entific research, development, and demonstration
programs, projects, and activities to ensure the re-
search, development, and demonstration—
(A) is of high quality; and
(B) does not duplicate any other environ-
mental and scientific research, development,
and demonstration programs, projects, and ac-
tivities being conducted by the Agency.
(b) REPORT.—The Assistant Administrator shall
transmit annually to the Administrator and to the Com-
mittee 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, a report detailing—
(1) all Agency environmental and scientific re-
search, development, and demonstration programs,
projects, and activities the Assistant Administrator
finds is not of sufficiently high quality; and
(2) all Agency environmental and scientific re-
search, development, and demonstration programs,
projects, and activities the Assistant Administrator
finds duplicate other Agency environmental and sci-
entific research, development, and demonstration
programs, projects, and activities.
rent and planned environmental and scientific research,
development, and demonstration programs, projects, and
activities of the Agency. The areas of evaluation shall be
selected by the Science Advisory Board in consultation
with the Administrator, the Office of Research and Devel-
opment, other Agency programs, and appropriate commit-
tees of the Congress. Reports containing the Science Advi-
sory 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 Advi-
sory Board’s report has been submitted.
(c) REVIEW OF CERTAIN PROGRAMS, PROJECTS, AND
ACTIVITIES.—The Science Advisory Board shall annually
review the environmental and scientific research, develop-
ment, and demonstration programs, projects, and activi-
ties of the Agency and shall include the results of such
review in the annual report required by subsection (a).
(d) 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
receives the report from the Science Advisory Board.
(e) AUTHORIZATION.—There are authorized to be ap-
propriated to the Administrator $2,636,200 for fiscal year
2000 and $2,768,000 for fiscal year 2001 for activities
of the Science Advisory Board.
SEC. 7. NOTICE.
(a) REPROGRAMMING.—The Administrator may use
for any authorized activities of the Office of Research and
Development or the Science Advisory Board 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 research, development, or dem-
onstration program, project, or activity of the Office
of Research and Development or the Science Advi-
sory Board; 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 research, de-
velopment, or demonstration program, project, or ac-
tivity of the Office of Research and Development or
the Science Advisory Board.
(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 research, development, or demonstration 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 any committee of Con-
gress.
(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 research, development, or dem-
onstration programs, projects, or activities of the Office
of Research and Development or the Science Advisory
Board prepared at the direction of any committee of Con-
gress.
(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 research,
development, or demonstration program, project, or activ-
ity of the Office of Research and Development or the
Science Advisory Board.
SEC. 8. 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. 9. 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.
(d) HIGH PERFORMANCE COMPUTING AND COMMU-
NICATIONS (HPCC) PROGRAM.—None of the funds au-
thorized by this Act may be used for the Agency’s High
Performance Computing and Communications (HPCC)
Program.
(e) ENVIRONMENTAL RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROJECT.—Of the amounts au-
thorized under section 3(a)(1), $1,000,000 for fiscal year
2000 shall be for a field-scale environmental research, de-
velopment, and demonstration project at an existing site
for remediation of soils contaminated by recalcitrant hy-
drocarbon and lead contaminants using technologies and
processes capable of homogenizing soil while injecting both
oxidizers and catalysts to the degree necessary for chem-
ical oxidation to occur and that renders lead contaminants
essentially inert.
SEC. 10. LIMITATION ON DEMONSTRATIONS.
The Agency shall provide funding for environmental
or scientific demonstration programs, projects, or activi-
ties of the Office of Research and Development or the
Science Advisory Board only for technologies or processes
that are substantially new, and not for incremental im-
provements to technologies that exist in the marketplace,
except as specifically authorized by this Act.
SEC. 11. 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 Research and Devel-
opment or the Science Advisory Board 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. 12. 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. 13. 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 Research and Development or the Science
Advisory Board to produce or provide articles or services
for the purpose of selling the articles or services to a per-
son outside the Federal Government, unless the Adminis-
trator determines that comparable articles or services are
not available from a commercial source in the United
States.
SEC. 14. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for grant agreements made after fiscal
year 1999 by the Office of Research and Development or
the Science Advisory Board, under the programs, projects,
and activities for which funds are authorized under this
Act, any person who received funds, other than those de-
scribed 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 sub-
jected 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 receives 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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