Environmental Protection Agency Office of Research and Development and Science Advisory Board Authorization Act of 1999

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Protection 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 Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Environmental Protection 
        Agency; and
            (3) the term ``Assistant Administrator'' means the 
        Assistant Administrator for Research and Development of the 
        Agency.

SEC. 3. OFFICE OF RESEARCH AND DEVELOPMENT.

    (a) In General.--There are authorized to be appropriated to the 
Administrator for the Office of Research and Development for 
environmental research and development and scientific research, 
development, and demonstration programs for which specific sums are not 
authorized 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 $2,000,000 for fiscal year 2000 and $2,000,000 for 
fiscal year 2001 shall be for the Mickey Leland Urban Air Toxics 
Research Center, and of which $5,000,000 for fiscal year 2000 and 
$5,000,000 for fiscal year 2001 shall be for the Gulf Coast Hazardous 
Substance Research Center.
    (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 
research and development 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 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 period 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. SCIENTIFIC RESEARCH REVIEW.

    (a) In General.--The Administrator shall assign to the Assistant 
Administrator the duties of--
            (1) developing a strategic plan for environmental research 
        and development and scientific research, development, and 
        demonstration programs throughout the Agency;
            (2) integrating that strategic plan into ongoing Agency 
        environmental research and development and scientific research, 
        development, and demonstration planning activities; and
            (3) reviewing all Agency environmental research and 
        development and scientific research, development, and 
        demonstration programs to ensure the research, development, and 
        demonstration--
                    (A) is of high quality; and
                    (B) does not duplicate any other environmental 
                research and development and scientific research, 
                development, and demonstration programs being conducted 
                by the Agency.
    (b) Report.--The Assistant Administrator shall transmit annually to 
the Administrator and 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, a report detailing--
            (1) all Agency environmental research and development and 
        scientific research, development, and demonstration programs 
        the Assistant Administrator finds is not of sufficiently high 
        quality; and
            (2) all Agency environmental research and development and 
        scientific research, development, and demonstration programs 
        the Assistant Administrator finds duplicate other Agency 
        environmental research and development and scientific research, 
        development, and demonstration programs.

SEC. 5. SCIENCE TO ACHIEVE RESULTS (STAR) GRADUATE STUDENT FELLOWSHIP 
              PROGRAM.

    In carrying out the Science To Achieve Results (STAR) Graduate 
Student Fellowship Program, 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 Development.

SEC. 6. SCIENCE ADVISORY BOARD.

    (a) Annual Report.--The Science Advisory Board shall submit to 
Congress and to the Administrator an annual report that contains the 
views of the Science Advisory Board on proposed environmental research 
and development and scientific research, development, and demonstration 
programs as described in the Agency's budget. Such report shall be 
submitted to Congress as soon as practicable after the submission of 
the Agency's budget to Congress. The Administrator shall cooperate with 
the Chairperson of the Science Advisory Board, particularly with 
respect 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 environmental 
research and development and scientific research, development, and 
demonstration programs of the Agency. The areas of evaluation shall be 
selected by the Administrator, in consultation with the Science 
Advisory Board, the Office of Research and Development, and other 
Agency programs, or by the appropriate committees of the Congress in 
consultation with the Science Advisory Board. 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) Submission to Congress.--The Administrator shall submit to the 
Congress any report required by law to be submitted to the 
Administrator by the Science Advisory Board. The Administrator shall 
make any such submission not later than 60 days after the Administrator 
receives the report from the Science Advisory Board.
    (d) Authorization.--There are authorized to be appropriated 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 environmental research or 
        development or scientific research, development, or 
        demonstration program, project or activity of the Office of 
        Research and Development or the Science Advisory Board; or
            (2) after the expiration of 60 days after transmitting 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, 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 scientific 
        research, development, or demonstration program, project or 
        activity of the Office of Research and Development or the 
        Science Advisory Board.
    (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 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 research or development or 
scientific 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 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 provide copies 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, of any 
report relating to the environmental research or development or 
scientific research, development, or demonstration programs, projects 
or activities of the Office of Research and Development or the Science 
Advisory Board prepared at the direction of any committee 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 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 
research or development or scientific research, development, or 
demonstration program, project or activity 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 activities 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 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 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 indirectly 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 Appropriations 
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 contracts or subcontracts by the Agency for 
        the fiscal year of such budget 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 financial assistance awarded by the 
Agency to a trade association 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 Environment and Public Works and the Committee on 
Appropriations of the Senate, that identifies--
            (1) the estimated amount of funds provided by the Agency to 
        trade associations, by trade association, 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 provided 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 authorized by this Act may 
be used to propose or issue rules, regulations, 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 ratification 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.
    (d) Environmental Research, Development, and Demonstration 
Project.--Of the amounts authorized under section 3(a), $1,000,000 for 
fiscal year 2000 shall be for a field-scale environmental research and 
development project at an existing site for remediation of soils 
contaminated by recalcitrant hydrocarbon and lead contaminants using 
technologies and processes capable of homogenizing soil while injecting 
both oxidizers and catalysts to the degree necessary for chemical 
oxidation to occur and that renders lead contaminants essentially 
inert.

SEC. 10. LIMITATION ON DEMONSTRATIONS.

    The Agency shall provide funding for scientific demonstration 
projects of the Office of Research and Development or the Science 
Advisory Board 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. 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 Development 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 before 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 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. 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 person outside the Federal Government, unless the 
Administrator 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 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 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 assistance is awarded to members of 
the class according to a formula provided by law or under circumstances 
permitting other than full and open competition under the Federal 
Acquisition 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 recipient to carry out a public 
purpose 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 research and development agreement (as 
such term is defined in section 12(d)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

SEC. 15. 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 authorize 
        appropriations for fiscal years 2000 and 2001 for the 
        environmental research and development and scientific research, 
        development, and demonstration programs of the Office of 
        Research and Development and Science Advisory Board of the 
        Environmental Protection Agency, and for other purposes.''.

Summary: (Sec. 4) Requires the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for environmental research and development and scientific research, development, and demonstration programs throughout EPA; (2) integrating such plan into ongoing EPA planning activities; and (3) reviewing such programs to ensure that the research, development, and demonstration is of high quality and does not duplicate other EPA programs. Directs the Assistant Administrator to submit an annual report to the Administrator and specified congressional committees detailing such EPA programs found not to be of high quality and those that are duplicative of other programs.
(Sec. 5) Requires the Administrator, in carrying out the Science To Achieve Results Graduate Student Fellowship Program, to ensure that any fellowship award is used only to support scientific research that would further missions of the Office.
(Sec. 6) Directs the Science Advisory Board (Board) to report annually to the Administrator and Congress its views on proposed EPA environmental research and development and scientific research, development, and demonstration programs. Provides for periodic Board evaluations of selected areas of such programs.
Authorizes appropriations for FY 2000 and 2001 for the Board.
(Sec. 7) Sets forth provisions regarding reprogramming and limitations on funds as well as certain reporting requirements. Requires notice to specified congressional committees before any major reorganization of any Office or Board program or activity described by this Act.
(Sec. 8) Sets forth requirements for the submission of a detailed justification for budget authorization for the programs and activities authorized by this Act.
(Sec. 9) Limits the use of funds authorized by this Act for travel costs.
Bars the use of funds authorized by this Act for: (1) grants or contracts awarded by EPA to a trade association on a noncompetitive basis; or (2) implementation of the Kyoto Protocol if it has not been submitted to the Senate for ratification and entered into force.
Earmarks specified funds for FY 2000 for a field scale environmental research and development project at an existing site for remediation of soils contaminated by recalcitrant hydrocarbon and lead contaminants using specified technologies capable of homogenizing soil and rendering such contaminants inert.
(Sec. 10) Permits funding for Office or Board scientific demonstration projects 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. 11) Prohibits the use of funds authorized by this Act to award or modify an Office or Board contract in a manner that deviates from the Federal Acquisition Regulation unless the Administrator grants a waiver to allow for such deviation.
(Sec. 12) Prohibits the use of funds authorized to be appropriated by this Act by: (1) EPA to prepare or initiate Requests for Proposals for programs under this Act not specifically authorized by Congress; and (2) Office or Board programs under this Act to produce or provide articles or services for purposes of selling them to a person outside the Federal Government unless the Administrator determines that such articles or services are not available from a U.S. commercial source.
(Sec. 14) Excludes from consideration for grant agreements for programs described by this Act made by the Office or the Board after FY 1999 any person who received funds appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a program that was not subjected to a competitive, merit-based award process. Makes such exclusions effective for a period of five years after the person receives such Federal funds.
(Sec. 15) Requires the Administrator to make available through the EPA Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act.