IB
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 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
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 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’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Agency;
(2) the term ‘‘Agency’’ means the Environmental
Protection Agency; and
(3) the term ‘‘Assistant Administrator’’ means
the Assistant Administrator for Air and Radiation of
the Agency.
SEC. 3. OFFICE OF AIR AND RADIATION.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator for the Office of Air and Radi-
ation for environmental research and development and sci-
entific and energy research, development, and demonstra-
tion and commercial application of energy technology pro-
grams for which specific sums are not authorized under
other authority of law $230,116,100 for fiscal year 2000
and $237,019,600 for fiscal year 2001, to remain available
until expended, of which—
(1) $124,282,600 for fiscal year 2000 and
$128,011,100 for fiscal year 2001 shall be for Science;
and
(2) $105,833,500 for fiscal year 2000 and
$109,008,500 for fiscal year 2001 shall be for the Cli-
mate Change Technology Initiative, including—
(A) $39,964,000 for fiscal year 2000 and
$41,162,900 for fiscal year 2001 for Buildings;
(B) $32,702,500 for fiscal year 2000 and
$33,683,600 for fiscal year 2001 for Transpor-
tation;
(C) $19,158,000 for fiscal year 2000 and
$19,732,740 for fiscal year 2001 for Industry;
(D) $3,400,000 for fiscal year 2000 and
$3,502,000 for fiscal year 2001 for Carbon Re-
moval;
(E) $2,987,000 for fiscal year 2000 and
$3,076,600 for fiscal year 2001 for State and
Local Climate; and
(F) $7,622,000 for fiscal year 2000 and
$7,850,660 for fiscal year 2001 for International
Capacity Building.
(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 Rep-
resentatives, and the Committee on Environment and Pub-
lic Works and the Committee on Appropriations of the Sen-
ate, a report detailing, for fiscal year 2000 and each of the
2 previous fiscal years, for all Office of Air and Radiation
environmental research and development and scientific and
energy research, development, and demonstration and com-
mercial 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 al-
located for, each such program, project and activity;
(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 paragraph
(2).
(c) EXCLUSION.—In the computation of the 30-day pe-
riod described in subsection (b), 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.
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 research or development or scientific or energy
research, development, or demonstration or commer-
cial application of energy 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 Representa-
tives, 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 research or development or sci-
entific or energy research, development, or demonstra-
tion or commercial application of energy technology
program, project or activity of the Office of Air and
Radiation.
(b) REPORT.—(1) The report referred to in subsection
(a)(2) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action.
(2) In the computation of the 60-day period under sub-
section (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 pur-
suant to subsection (a) for an environmental research or
development or scientific or energy research, development,
or demonstration or commercial application of energy tech-
nology program, project or activity for which funding has
been requested to the Congress but which has not been fund-
ed 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 Rep-
resentatives, and to the Committee on Environment and
Public Works and the Committee on Appropriations of the
Senate, any annual operating plan or other operational
funding document, including any additions or amendments
thereto, provided to any committee of Congress.
(e) COPY OF REPORTS.—In addition to the documents
required under subsection (d), the Administrator shall pro-
vide copies simultaneously to the Committee on Science and
the Committee on Appropriations of the House of Rep-
resentatives, and to the Committee on Environment and
Public Works and the Committee on Appropriations of the
Senate, of any report relating to the environmental research
or development or scientific or energy research, develop-
ment, or demonstration or commercial application of en-
ergy 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 Administrator
shall provide notice to the Committee on Science and the
Committee on Appropriations of the House of Representa-
tives, 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 research or development or scientific or
energy research, development, or demonstration or commer-
cial application of energy technology program, project or
activity 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 au-
thorization for the programs, projects and activities for
which funds are authorized by this Act. Each such docu-
ment 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 al-
located for, each such program, project and activity;
(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 paragraph
(2).
The document required by this section shall be presented
in the format employed by, and with the level of detail in-
cluded in, the document entitled ‘‘Department of Energy FY
2000 Congressional Budget Request, DOE/CR–0062, Vol-
ume 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 contracts or subcontracts 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 Com-
mittee on Environment and Public Works and the Com-
mittee on Appropriations of the Senate, that identifies—
(1) the estimated amount of travel costs by the
Agency and for persons awarded contracts or sub-
(c) KYOTO PROTOCOL.—None of the funds authorized
by this Act may be used to propose or issue rules, regula-
tions, decrees, or orders 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
Framework Convention on Climate Change, which has not
been submitted to the Senate for advice and consent to rati-
fication pursuant to article II, section 2, clause 2 of the
United States Constitution, and which has not entered into
force pursuant to article 25 of the Protocol.
SEC. 7. LIMITATION ON DEMONSTRATIONS.
The Agency shall provide funding for scientific or en-
ergy or commercial application of energy technology dem-
onstration programs of the Office of Air and Radiation only
for technologies or processes that can be reasonably expected
to yield new, measurable benefits to the cost, efficiency, or
performance of the technology or process.
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 Ad-
ministrator may not delegate the authority to grant such
a waiver.
(b) CONGRESSIONAL NOTICE.—At least 60 days before
a contract award, amendment, or modification for which
the Administrator intends to grant such a waiver, the Ad-
ministrator shall submit to the Committee on Science and
the Committee on Appropriations of the House of Rep-
resentatives, and to the Committee on Environment and
Public Works and the Committee on Appropriations 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 Re-
quests for Proposals (RFPs) for a program, project or activ-
ity if the program, project or activity has not been specifi-
cally 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 arti-
cles or services for the purpose of selling the articles or serv-
ices to a person outside the Federal Government, unless the
Administrator determines that comparable articles or serv-
ices 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 agree-
ment from any Federal funding source for a project that
was not subjected to a competitive, merit-based award proc-
ess, except as specifically authorized by this Act. Any exclu-
sion 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 membership
of that person in a class specified by law for which assist-
ance is awarded to members of the class according to a for-
mula provided by law or under circumstances permitting
other than full and open competition under the Federal Ac-
quisition Regulation.
(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 re-
cipient to carry out a public purpose of support or stimula-
tion 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 research
and development agreement (as such term is defined in sec-
tion 12(d)(1) of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 12. INTERNET AVAILABILITY OF INFORMATION.
The Administrator shall make available through the
Internet home page of the Environmental Protection Agency
the abstracts relating to all research grants and awards
made with funds authorized by this Act. Nothing in this
section shall be construed to require or permit the release
of any information prohibited by law or regulation from
being released to the public.
Amend the title to read as follows: ‘‘A bill to author-
ize 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 pro-
grams of the Office of Air and Radiation of the Environ-
mental 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 scientific
and energy research, development, and dem-
onstration and commercial application of energy
technology programs, projects, and activities of
the Office of Air and Radiation of the Environ-
mental Protection Agency, and for other pur-
poses.
MARCH 6, 2000
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed.