House Report 106-511 - ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR AND RADIATION AUTHORIZATION ACT OF 1999

[House Report 106-511]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-511

=======================================================================

ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR AND RADIATION
AUTHORIZATION ACT OF 1999

_______

March 6, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Sensenbrenner, from the Committee on Science, submitted the
following

R E P O R T

[To accompany H.R. 1743]

[Including cost estimate of the Congressional Budget Office]

The Committee on Science, to whom was referred the bill (H.R.
1743) to authorize appropriations for fiscal years 2000 and
2001 for the environmental and scientific and energy research,
development, and demonstration 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, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.

CONTENTS

Page
I. Amendment.................................................. 2
II. Purpose of the Bill........................................ 5
III. Background and Need for Legislation........................ 5
IV. Summary of Hearings........................................ 8
V. Committee Actions.......................................... 11
VI. Summary of Major Provisions of the Bill.................... 13
VII. Section-By-Section Analysis and Committee Views............ 14
VIII. Cost Estimate.............................................. 20
IX. Congressional Budget Office Cost Estimate.................. 21
X. Compliance with Public Law 104-4........................... 23
XI. Committee Oversight Findings and Recommendations........... 23
XII. Oversight Findings and Recommendations by the Committee on
Government Reform.......................................... 23
XIII. Constitutional Authority Statement......................... 23
XIV. Federal Advisory Committee Statement....................... 23
XV. Congressional Accountability Act........................... 23
XVI. Changes in Existing Law Made by the Bill, as Reported...... 23
XVII. Committee Recommendations.................................. 24
XVIII.Proceedings of Committee on Science Markup................. 24

I. Amendment

The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Environmental Protection 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 Administrator 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 appropriated to the
Administrator for the Office of Air and Radiation for environmental
research and development and scientific and energy research,
development, and demonstration and commercial application of energy
technology programs 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 Climate 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 Transportation;
(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 Removal;
(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 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 Air and Radiation environmental research and development and
scientific and energy research, 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 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. NOTICE.

(a) Reprogramming.--The Administrator may use for any authorized
activities of the Office of Air and Radiation 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 or energy research, development, or
demonstration or commercial application of energy technology
program, project or activity of the Office of Air and
Radiation; 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 or energy research,
development, or demonstration 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 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 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 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 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 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 or energy research, development,
or demonstration or commercial 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 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. 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 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.

SEC. 7. LIMITATION ON DEMONSTRATIONS.

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 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. 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
articles 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 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. 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 so as to read:

A bill to authorize 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 programs of the Office of Air and Radiation of the
Environmental Protection Agency, and for other purposes.

II. Purpose of the Bill

The purpose of H.R. 1743 is to authorize appropriations for
fiscal years (FYs) 2000 and 2001 for environmental research and
development (R&D) and scientific and energy research,
development, and demonstration (RD&D) and commercial
application of energy technology programs of the Office of Air
and Radiation (OAR) of the Environmental Protection Agency
(EPA).

III. Background and Need for the Legislation

EPA was establish in the Executive Branch on December 2,
1970, as an independent agency pursuant to President Nixon's
Reorganization Plan No. 3 of July 9, 1970 (5 U.S.C. app.) to
``integrate environmental management activities involving
pollution control into a coordinated and comprehensive
program.'' \1\
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\1\ Library of Congress. Congressional Research Service.
Environmental Protection: An Historical Review of Legislation and
Programs of the Environmental Protection Agency, Report No. 83-84 ENR,
March 3, 1983, p. 1 (hereafter referred to as CRS 84-34).
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EPA's statutory mandate for R&D has grown piecemeal from
provisions of many environmental protection laws as enacted or
amended over the years. Congress has conferred EPA the
authority to conduct basic and applied research, to develop and
demonstrate new technologies, to monitor the ambient
environment, and to conduct diverse special studies in two
ways: (1) In the context of at least 12 different environmental
protection laws,\2\ and (2) in the Environmental Research,
Development, and Demonstration Authorization Act (ERDDA).
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\2\ Library of Congress. Congressional Research Service.
Environmental Laws: Summaries of Statutes Administered by the
Environmental Protection Agency, RL30022, January 12, 1999 (hereafter
referred to as CRS RL30022), p. 107. These 12 statutes include: (1) The
Clean Air Act, especially sections 103, 104, 153, and 319, (2) the
Clean Water Act, especially title I, sections 104-11; (3) the Safe
Drinking Water Act, especially sections 1442 and 1444; (4) the Marine
Protection, Research and Sanctuaries Act (Ocean Dumping Act),
especially Title II and Title IV; (5) the Solid Waste Disposal Act/
Resource Conservation and Recovery Act, subtitle H, sections 8001-8007;
(6) the Federal Insecticide, Fungicide, and Rodenticide Act, section
20; (7) the Pesticide Research Act; (8) the Toxic Substances Control
Act, especially section 10; (9) the Noise Control Act, section 14; (10)
the National Environmental Policy Act, section 204(5); (11) the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (Superfund), section 311 as amended by the Superfund Amendments
and Reauthorization Act of 1986 section 209; and (12) the Acid
Precipitation Act of 1980.
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Given the diverse R&D program activities mandated by the
various statutes, the establishment of a coherent and
coordinated EPA-wide environmental R&D program proved to be no
easy task in the early years of the Agency's existence. One of
the principal reasons that has been cited as causing the early
difficulties was that ``Congressional oversight was fragmented
because of the diverse committee jurisdictions over the
authorizing statues.'' \3\ This lack of Congressional focus
changed, however, when the House of Representatives centralized
jurisdiction for environmental R&D in the Committee on Science
and Technology (now the Committee on Science, hereafter
referred to as the Committee) in the 94th Congress.\4\
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\3\ CRS 84-34, p. 132.
\4\ Ibid.
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The Committee first sponsored legislation to authorize
EPA's environmental RD&D programs in 1975, and the first ERDDA
was enacted in 1976.\5\ The ERDDA was reauthorized four times--
in 1977,\6\ in 1978,\7\ in 1979,\8\ and in 1980.\9\ All of
these statutes, which were originated by legislation introduced
by a member of the Committee and which were solely referred in
the House to the Committee, authorized specific sums for
environmental RD&D activities under specific statutes, such as
the Clean Air Act, the Clean Water Act, the Safe Drinking Water
Act, etc.
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\5\ Public Law 94-475, the Environmental Research, Development, and
Demonstration Act (ERDDA) of 1976.
\6\ Public Law 95-155, the ERDDA of 1978.
\7\ Public Law 95-477, the ERDDA of 1979.
\8\ Public Law 96-229, the ERDDA of 1980.
\9\ Public Law 96-569, the ERDDA of 1981.
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Subsequent attempts to reauthorize the ERDDA after 1980
failed for various reasons,\10\ but the Committee's
jurisdiction over the original ERDDA and all subsequent ERDDA
reauthorization legislation was never in question. This changed
in 1997 when the Committee reported H.R. 1276, the ERDDA of
1997. H.R. 1276 was referred sequentially to the House
Committee on Commerce and was never acted on by the House
because the two Committees could not resolve their
jurisdictional differences.
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\10\ In 1982, Congress passed S. 2577, which would have
reauthorized the ERDDA for FYs 1983 and 1984, but the measure was
vetoed by President Reagan, primarily because it required certain
groups to be represented on the EPA Science Advisory Board. In 1984,
the House passed H.R. 2899, which would have reauthorized the ERDDA for
FYs 1984 and 1985, but the Senate did not act on the measure. In 1986,
the Committee reported H.R. 2319, which would have reauthorized the
ERDDA for FY 1986, but the House did not act on the measure. In 1984,
the House passed H.R. 2355, which would have reauthorized the ERDDA for
FYs 1988 and 1989, but the Senate did not act on the measure. In 1990,
the Committee reported H.R. 2319, which would have reauthorized the
ERDDA for FYs 1991, 1992, and 1993, but the House did not act on the
measure. In 1991, the Committee reported H.R. 2404, which would have
reauthorized the ERDDA for FYs 1992, 1993, and 1994, but the House did
not act on the measure. In 1993, the House passed H.R. 1994, which
would have reauthorized the ERDDA for FY 1994, but the Senate did not
act on the measure. In 1995, the Committee reported H.R. 1814, which
would have reauthorized the ERDDA for FY 1996; the text of this measure
was incorporated as Title V of H.R. 2405, which passed the House in
1995, but the Senate did not act on the measure. And in 1996, the House
passed H.R. 3322, which included as Title V, the ERDDA of 1996, which
would have reauthorized the ERDDA for FY 1997, but the Senate did not
act on the measures.
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The Commerce Committee expressed three principal concerns
about H.R. 1276:\11\
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\11\ H. Rept. 105-99, Part 2, pp. 5-7.
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(1) H.R. 1276 contained ``a significantly broader
scope of programs than in previous Science Committee
EPA R&D bills'';
(2) Many of the provisions were ``unnecessary due to
other statutory authorities''; that ``[a] number of the
separate statutory provisions authorizing EPA research
and development activities fall within the jurisdiction
of the Commerce Committee,'' such as the Safe Drinking
Water Act Amendments of 1996 and the Food Quality
Protection Act of 1996, and
(3) the bill contained ``a number of other provisions
which are redundant of, and potentially inconsistent
with, existing authorizations provided by the Commerce
Committee,'' such as the Clean Air Act, the Clean Water
Act, etc.
The Commerce Committee made a valid point that H.R. 1276
contained a broader scope of programs than did previous Science
Committee EPA RD&D bills. Previous ERDDA legislation had been
limited to the R&D activities of EPA's Office of Research and
Development (ORD), which is responsible for the R&D needs of
the Agency's operating programs and the conduct of an
integrated R&D program for the Agency. However, in 1996
Congress recognized that the OAR also performs significant R&D
when it created the Science and Technology appropriation
account in 1996 to fund the operating programs of the ORD, the
OAR Office of Mobile Sources, and the Program Office
laboratories.\12\
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\12\ Public Law 104-204, the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1997.
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EPA's OAR conducts not environmental R&D, but also
scientific and energy RD&D and commercial application of energy
technology programs. In particular, OAR Climate Change
Technology Initiative (CCTI) programs are energy RD&D and
commercial application of energy technology programs. Under
Rule X, clause 1(n)(1) of the Rules of the House, the Committee
on Science has jurisdiction over ``all bills, resolutions, and
other matters relating to * * * [all] energy research,
development, and demonstration, and projects therefor, * * *''
[emphases added]. Similarly, under Rule X, clause 1(n)(4), the
Committee has jurisdiction over environmental R&D; under Rule
X, clause 1(n)(6), the Committee has jurisdiction over the
commercial application of energy technology; and under Rule X,
clause 1(n)(14), the Committee has jurisdiction over scientific
RD&D.
In the spirit of cooperation to address the Commerce
Committee's first concern, the Science Committee has divided
the programs contained in H.R. 1276 into two bills. (1) H.R.
1742, which authorizes the environmental R&D and scientific
RD&D programs of the ORD and the EPA Scientific Advisory Board;
and (2) this bill, H.R. 1743, which authorizes the
environmental R&D and scientific and energy RD&D and commercial
application of energy technology programs for the OAR, and
which also authorizes appropriations for the energy RD&D and
commercial application of energy technology OAR CCTI programs.
To address the Commerce Committee's second concern, this bill
limits the authorized appropriations to such environmental R&D
and scientific and energy RD&D and commercial application of
energy technology programs ``for which specific sums are not
authorized under other authority of law.''
And finally, in order to address the Commerce Committee's
third concern, references to specific environmental statutes
have been deleted.\13\
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\13\ The Committee on Science still believes that reference to the
authorization of appropriations for environmental R&D under specific
statutes, such as the Clean Air Act, the Clean Water Act, etc., is both
consistent with its jurisdiction under the Rules of the House and with
the precedential patterns of referral of identical legislation dating
back to the 94th Congress.
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The Committee believes that the fact that most of EPA's
environmental R&D and scientific and energy RD&D and commercial
application of energy technology programs have not been
authorized for specific sums since 1981 demonstrates the need
for such legislation. Further evidence of the need for such
legislation is the large number of unauthorized Congressional
directives contained in annual appropriation legislation, as
well as EPA's continuing inability--whether by design or
ineptitude--to provide the Congress and the American people
with the basic and fundamental budget information required to
analyze its budget.

IV. Summary of Hearings

The Subcommittee on Energy and Environment of the Committee
on Science held hearings on March 18, 1999 and April 14, 1999,
to hear testimony on the Administration's FY 2000 budget
request for the environmental R&D, scientific and energy RD&D
and commercial application of energy technology programs of the
EPA's OAR.
Appearing as witnesses before the Subcommittee hearing on
March 18, 1999, titled ``The FY 2000 EPA R&D Budget
Authorization,'' were Dr. Norine E. Noonan, Assistant
Administrator for Research and Development, U.S. Environmental
Protection Agency (EPA); Dr. William Randall Seeker, Chair,
Research Strategies Advisory Committee, U.S. Environmental
Protection Agency Science Advisory Board (SAB); and Mr. David
G. Wood, Associate Director, Environmental Protection Issues,
Resources, Community, and Economic Development Division, U.S.
General Accounting Office (GAO).
Dr. Noonan testified that EPA's total FY 2000 request in
the Science and Technology (S&T) Account--which was created in
1996 and funds the operating programs of the Office of Research
and Development (ORD), the Office of Air and Radiation's
(OAR's) Office of Mobile Sources, and the Program Office
laboratories--is $642.5 million and 2,456 total work years--a
decrease of $17.5 million and 97 work years from FY 1999. ORD's
total FY 2000 request is $534.8 million and 2,004 work years.
Of this total, ORD's FY 2000 request in the S&T account is
$495.9 million and 1,876 work years; the remaining $38.9
million and 128 work years are in accounts other than the S&T
account to support the Superfund, Leaking Underground Storage
Tank, and Oil Spills research programs.
Dr. Seeker noted that the SAB's RSAC had conducted a formal
review of the entire FY 2000 EPA S&T budget request for the
first time, and as part of the review process, had responded to
six charge questions:
1. Can the objectives of the research and development
program in ORD and the broader science and technology
program in EPA be achieved at the resource levels
requested?--RSAC found the funding request priorities
to be appropriate based on the environmental goals
established in the Agency Strategic Plan, but continues
to have reservations about the adequacy of the funding
level given the increasing complexity and cost of
environmental problems.
2. Does the budget request reflect priorities
identified in the EPA and ORD Strategic Plans?--RSAC
found that the ORD and Program Office Science and
Technology budgets do set priorities aligned with the
Agency and ORD strategic plans and Government
Performance and Results Act (GPRA) goals, but had some
reservations about the decreases and some omissions in
the overall priorities. It concluded that the budgets
proposed in several areas were not likely to be
sufficient to meet the goals established by the Agency
and ORD in their Strategic Plans.
3. Does the budget request reflect coordination
between ORD and the Program Offices?--RSAC commended
the Agency for significant improvements in the
coordination between ORD projects and the needs of the
program offices and found that the Agency needs to
continue to build on its strategic planning process for
science across the Agency and across environmental
goals.
4. Does the budget request support a reasonable
balance in terms of attention to core research on
multimedia capabilities and issues and to media-
specific problem-driven topics?--RSAC found that the
ORD budget request does appear to provide a balance
between core research and media-specific, problem-
driven science needs, but noted that the overall S&T
budget request is more weighted to media-specific,
problem-driven activities.
5. Does the budget request balance attention to near-
term and to long-term research and science and
technology issues?--RSAC found that, in general, the
Agency has given serious consideration to both long-
term and short-term research and science and technology
issues, but that there is still no overall explicit
approach to incorporate the requirements of longer-term
research programs within the short-term budgetary
process.
6. How can EPA use or improve upon the Government
Performance and Results Act (GPRA) structure to
communicate research plans, priorities, research
requirements, and planned outcomes?--RSAC found that
the EPA had used the GPRA goals structure to organize
its FY 2000 budget request, and welcomed such a
structure as an organizing principle. However, RSAC
also found that most of the science milestones were
process (or ``output'') oriented rather than results
(or ``outcome'') oriented; and that the ORD and Agency
process for prioritizing potential research programs is
not completely transparent.
Mr. Wood discussed the findings from GAO's recent report on
EPA's S&T funds requested for FY 1999 \14\ and on its limited
review of EPA's FY 2000 budget justification, including: (1)
difficulties experienced in comparing EPA's S&T budget
justification for FY 1999 with those of previous years; and (2)
actions that EPA planned and implemented to improve the clarity
and comparability of the FY 2000 justification and items that
need further clarification. In summary, GAO found the
following:
---------------------------------------------------------------------------
\14\ Environmental Protection: EPA's Science and Technology Funds
(GAO/RCED-99-12, Oct. 30, 1998).
---------------------------------------------------------------------------
EPA's budget justification for FY 1999 could
not be readily compared to amounts requested or enacted
for FY 1998 and prior years because the justification
did not show how the budget would be distributed among
program offices or program components--information
needed to link to the prior years' justifications.
EPA implemented several changes to its FY
2000 justification to solve problems experienced in
comparing the 1998 and 1999 budget justifications.
While the budget justification followed the basic
format reflecting the agency's strategic goals and
objectives, EPA made changes to the objectives without
explanations or documentation to link the changes to
the FY 1999 budget justification. As a result, the FY
2000 budget justification cannot be completely compared
with the FY 1999 justification without supplemental
information.
The Subcommittee hearing of April 14, 1999, titled ``Fiscal
Year 2000 Climate Change Budget Authorization Request,''
examined the Administration's FY 2000 climate change budget
proposals related to the Kyoto Protocol and the Protocol's
requirement that the U.S. reduce its net greenhouse gas
emissions by 7 percent below 1990 levels in the 2008-2012
timeframe--a reduction in projected U.S. carbon emissions of
about 550 million metric tons, according to the most recent
estimate of the Energy Information Administration (EIA)
contained in its Annual Outlook 1999 (AEO99) report. The
hearing also considered the U.S. Global Climate Change Research
Program (USGCRP).
The Administration's FY 2000 climate change budget request
totals $4.142 billion, which includes: (1) $200 million for an
EPA ``Clean Air Partnership Fund''; (2) $1.368 billion for
Climate Change Technology Initiative (CCTI) spending programs;
(3) $387 million for CCTI tax incentives; (4) $400 million in
other climate-related programs (Department of Energy (DOE)
clean coal and natural gas, weatherization, and state energy
grants); and (5) $1.787 billion for USGCRP.
Appearing as witnesses were: The Honorable Neal F. Lane,
Assistant to the President for Science and Technology and
Director, Office of Science and Technology Policy; The
Honorable Dan W. Reicher, DOE Assistant Secretary for Energy
Efficiency and Renewable Energy; The Honorable David M.
Gardiner, EPA Assistant Administrator for Policy; and The
Honorable Jay E. Hakes, EIA Administrator.
Dr. Lane testified on the Administration's FY 2000 budget
requests for CCTI and USGCRP, and noted the following:
CCTI is the Administration's response to a
report issued from the President's Committee of
Advisors on Science and Technology (PCAST), which
concluded that the federal energy R&D programs were not
commensurate in scope and scale with the energy
challenges and opportunities for the 21st century,
PCAST also warned that this shortfall could translate
into higher dependence on imported oil, higher energy
costs, smaller U.S. energy technology exports, worse
air quality than would otherwise be the case, and the
diminished capacity to reduce greenhouse gas emissions
cost effectively.
U.S. climate change science is largely
supported by the $1.8 billion FY 2000 budget request of
the USGCRP. This request includes a new Carbon Cycle
Science Initiative and the U.S. climate modeling
effort.
The climate change issue requires two issues
to be addressed: (1) a sustained and enhanced
commitment to energy research, development, and
deployment; and (2) continued research into the science
of climate change.
Mr. Reicher testified on the DOE's FY 2000 climate change
budget request of approximately $1.1 billion, and Mr. Gardiner
discussed EPA's role in CCTI and its FY 2000 budget requests of
$216 million for CCTI and $200 million for a Clean Air
Partnership Fund.
Finally, Dr. Hakes gave testimony on the EIA report,
Analysis of The Climate Change Technology Initiative, which was
conducted at the request of Science Committee Chairman
Sensenbrenner and Ranking Minority Member George Brown, Jr. The
EIA analysis predicts that the CCTI tax incentives would only
reduce projected U.S. carbon emissions in 2010 by 3.1 million
metric tons, or 0.17 percent. The EIA also found that while
research, development, and deployment programs also have
benefits in reducing carbon emissions, it is not possible to
link program expenditures directly to program results or to
separate the impacts of incremental funding requested for FY
2000 from ongoing program expenditures. In addition, Dr. Hakes
testified that the current EIA AEO99 estimates already include
the impacts of ongoing research and development.

V. Committee Actions

As summarized above, the Subcommittee on Energy and
Environment of the Committee on Science heard testimony
relevant to the programs authorized in H.R. 1743 at hearings
held on March 18 and April 14, 1999.
On May 10, 1999, Mr. Ken Calvert, Chairman of the
Subcommittee on Energy and Environment, introduced H.R. 1743,
the Environmental Protection Agency Office of Air and Radiation
Authorization Act of 1999, a bill to authorize appropriations
for FY 2000 and FY 2001 for the environmental R&D and
scientific and energy RD&D and commercial application of energy
technology programs of the EPA Office of Air and Radiation.
The Committee on Science met to consider H.R. 1743 on
Wednesday, May 26, 1999, and entertained the following
amendments and report language.
Amendments 1 and 5.--Mr. Calvert, Chairman of the Science
Committee's Subcommittee on Energy and Environment, asked and
received unanimous consent to offer a manager's amendment
(Amendment) and a title change amendment (Amendment 5)
simultaneously on behalf of himself and Mr. Costello, Ranking
Minority Member of the Subcommittee on Energy and Environment
making. The manager's amendment made: (1) technical and
conforming changes to H.R. 1743, as introduced; (2)
clarifications of the ``Limitations on Demonstrations'' and
``Eligibility of Awards'' provisions; and (3) changes in
language resulting from bipartisan consultations with the
Committee on Commerce that strengthen the Committee on
Science's jurisdictional claims for the bill's provisions. And
the title change amendment conformed the bill's title to
changes made in the manager's amendment. The amendments were
adopted by voice vote.
Amendment 2.--Ms. Lofgren's amendment, which was not
offered, would have stricken subsection 6(c) of the bill, which
prohibited any of the funds authorized by the Act to be used
either directly or indirectly for the purpose of implementation
of, or in preparation for implementation of, the Kyoto
Protocol, unless it has been ratified by the Senate and has
entered into force pursuant to article 25 of the Protocol.
Amendment 3.--On behalf of Ms. Lofgren, Mr. Sensenbrenner
offered an amendment providing that 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 of, 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 advise and consent to
ratification pursuant to article II, section 2, clause 2 of the
United Constitution and which has not entered into force
pursuant to article 25 of the Protocol. The amendment was
adopted by voice vote.
Amendment 4.--Ms. Biggert offered an amendment requiring
the EPA Administrator to make available through EPA's Internet
home page abstracts relating to all research grants and awards
made with funds authorized by this Act, with the proviso that
nothing in the amendment shall be construed to require or
permit the release of any information prohibited by law or
regulation from being released to the public. The amendment was
adopted by voice vote.
Report Language 1.--Mr. Gutknecht offered report language
addressing concerns of EPA Inspector General about computer
security at EPA. The language was adopted by voice vote.
Report Language 2.--Mr. Calvert asked and received
unanimous consent that: (1) the budget table for H.R. 1743 be
included in the bill's report language; (2) staff be permitted
to make technical corrections to the table; (3) the minority be
given the opportunity to examine the table in detail and
negotiate over its content; and (4) upon completion of
negotiations a final version be signed by a majority of the
Committee, and thereafter the minority have two subsequent days
to file any minority supplemental or additional views.
With a quorum present, Mr. Costello moved that the
Committee favorably report the bill, H.R. 1743, as amended, to
the House with the recommendation that the bill, as amended, do
pass; that the staff be instructed to prepare the legislative
report and make necessary technical and conforming changes; and
that the Chairman take all necessary steps to bring the bill
before the House for consideration. The motion was approved by
voice vote.
Mr. Sensenbrenner asked and received unanimous consent
that: (1) Members have two subsequent calendar days in which to
submit supplemental, minority or additional views on the
measure; (2) pursuant to clause 1 of Rule XXII of the Rules of
the House of Representatives, the Chairman may offer such
motions as may be necessary in the House to go to conference
with the Senate on H.R. 1743 or a similar Senate bill; (3)
staff be given authority to make technical and conforming
changes; and (4) the bill be reported in the form of a single
amendment in the nature of a substitute reflecting amendments
adopted.

VI. Summary of Major Provisions of the Bill

As shown in the Table below, Subsection 3(a) of the bill
authorizes to be appropriated to the EPA Administrator for the
OAR for environmental R&D and scientific and energy RD&D and
commercial application of energy technology programs
$230,116,100 for FY 2000 and $237,019,600 for FY 2001, to
remain available until expended, of which--(1) $124,282,600 for
FY 2000 and $128,011,100 for FY 2001 shall be for Science; and
(2) $105,833,500 for FY 2000 and $109,008,500 for FY 2001 shall
be for CCTI.
The bill also:
Limits the amounts of funds that may be
reprogrammed;
Requires EPA to submit its budget requests
in a format that is transparent and in sufficient
detail so that it is understandable;
Limits wasteful travel by EPA and its
contractors.
Prohibits EPA from making noncompetitive
awards of grants, contracts, subcontracts, or any other
forms of financial assistance to trade associations.
Prohibits EPA from using of any funds
authorized by the bill for the purpose of proposing or
issuing rules, regulations, decrees, or orders for the
purpose of implementing, or in preparation for
implementing, the Kyoto Protocol which has not been
submitted to the Senate for advise and consent to
ratification and which has not entered into force.
Limits EPA funding for scientific or energy
demonstrations or commercial application of energy
technology programs of OAR to technologies and
processes that can reasonably be expected to yield new,
measurable benefits to the cost, efficiency, or
performance of the technology or process;
Prohibits EPA from using of any funds
authorized by the bill to: (1) award, amend, or modify
a contract of the OAR in a manner that deviates from
the Federal Acquisition Regulation, unless the EPA
Administrator grants a case-by-case waiver and reports
to Congress; (2) to prepare or initiate Requests for
Proposals (RFPs) for unauthorized programs, projects or
activities; or (3) produce or provide articles or
services for the purpose of selling them to a person
outside the Federal Government, unless the EPA
Administrator determines that comparable articles or
services are not available from a commercial source in
the U.S.
Excludes from consideration for grant
agreements made after 1999 by the OAR for a period of
five years--under the programs, projects and activities
for which funds are authorized under the bill--any
person who received funding for a project not subject
to a competitive, merit-based award process, except as
specifically authorized by the bill.
Requires the EPA Administrator to make
available through EPA's Internet home page the
abstracts relating to all research grants and awards
made with funds authorized by the bill.

TABLE H.R. 1743.--ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR AND RADIATION AUTHORIZATION ACT OF 1999: SUMMARY
[In dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2000 FY 2001
recommendation recommendation
FY 1999 FY 2000 FY 2000 compared with FY 2001 compared with
Office/program/activity appropriation request recommendation (+ or -) FY recommendation (+ or -) FY
1999 2000
appropriation appropriation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of Air and Radiation Science........................ 120,662,700 122,389,800 124,282,600 +3,619,900 128,011,100 +3,728,500
============================================================================================
Climate Change Technology Initiative (CCTI):
Buildings.............................................. 38,800,000 80,100,000 39,964,000 +1,164,000 41,162,900 +1,198,900
Transportation......................................... 31,750,000 61,900,000 32,702,500 +952,500 33,683,600 +981,100
Industry............................................... 18,600,000 55,600,000 19,158,000 +558,000 19,732,740 +574,740
Carbon Removal......................................... 0 3,400,000 3,400,000 3,400,000 3,502,000 +102,000
State and Local Climate................................ 2,900,000 5,000,000 2,987,000 +87,000 3,076,600 +89,600
International Capacity Building........................ 7,400,000 10,400,000 7,622,000 +222,000 7,850,660 +228,660
Partnership with Industrial and Other Countries........ 160,000 409,100 0 -160,000 0 0
--------------------------------------------------------------------------------------------
Total, CCTI.......................................... 99,610,000 216,809,100 105,833,500 +6,223,500 109,008,500 +3,175,000
============================================================================================
Total, H.R. 1743 Budget Authority/Authorization...... 220,272,700 339,198,900 230,116,100 +9,843,400 237,019,600 +6,903,500
--------------------------------------------------------------------------------------------------------------------------------------------------------

VII. Section-by-Section Analysis and Committee Views

Section 1. Short title

Section 1 cites the Act as the ``Environmental Protection
Agency Office of Air and Radiation Authorization Act of 1999.''

Section 2. Definitions

Section 2 defines: (1) the ``Agency'' as the Environmental
Protection Agency; (2) the ``Administrator'' as the
Administrator of Environmental Protection Agency; and (3)
``Assistant Administrator'' as the Assistant Administrator for
Air and Radiation of the Agency.

Section 3. Office of Air and Radiation

Subsection 3(a) authorizes to be appropriated to the EPA
Administrator for the OAR for environmental R&D and scientific
and energy RD&D and commercial application of energy technology
programs $230,116,110 for fiscal year (FY) 2000 and
$237,019,600 for FY 2001, to remain available until expended,
of which--(1) $124,282,600 for FY 2000 and $128,011,100 for FY
2001 shall be for Science; and (2) $105,833,500 for FY 2000 and
$109,008,500 for FY 2001 shall be for the Climate Change
Technology Initiative, including (A) $39,964,000 for FY 2000
and $41,162,900 or FY 2001 for Buildings; (B) $32,702,500 for
FY 2000 and $33,683,600 for FY 2001 for Transportation; (C)
$19,158,000 for FY 2000 and $19,732,740 for FY 2001 for
Industry; (D) $3,400,000 for FY 2000 and $3,502,000 for FY 2001
for Carbon Removal; (E) $2,987,000 for FY 2000 and $3,076,600
for FY 2001 for State and Local Climate; and (F) $7,622,000 for
FY 2000 and $7,850,660 for FY 2001 for International Capacity
Building.
Subsection 3(b) prohibits the obligation of any amounts
authorized under subsection 3(a) until 30 days after the
Administrator submits to the Committee on Science and the
Committee on Appropriations of the House and the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate, a report detailing for all ORD
environmental R&D and scientific RD&D programs, projects and
activities, by appropriation goal and objectives, for FY 2000
and each of the previous two FYs--(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 in (2).
Subsection 3(c) provides that the 30 days described in
subsection 3(b) will not include any day on which either House
of Congress is not in session because of an adjournment of more
than three days to a day certain.
Committee views
For FY 2000, the Committee's recommendations provide a 3
percent increase above the FY 1999 appropriated levels for
these programs; and, for FY 2001, the Committee's
recommendations also provide a 3 percent increase above the FY
2000 recommended levels. These levels are recommended to
provide a stable and predictable funding pattern in which to
conduct this important research.
In spite of repeated discussions and meetings with the EPA
over a period of years about the inadequacy of its budget
information, the Agency has proved unwilling or unable to
provide the Congress and the American people with the basic and
fundamental information required to analyze its budget. In
fact, the situation has worsened since the Agency reformulated
its budget in a format it claims is consistent with both the
letter and spirit of the Government Performance and Results Act
of 1993.\15\ The Committee respectfully disagrees with the EPA
and has included a provision that prohibits the obligation of
any amounts authorized in the bill until 30 days after the
Administrator submits to the Committee on Science and the
Committee on Appropriations of the House and the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate, a detailed report for FY 2000 and
each of the previous two FYs, for all OAR environmental R&D and
scientific and energy RD&D and commercial application of energy
technology programs, projects and activities, by appropriation
goal and objectives authorized under this Act, which shall
include (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 in
(2). The Committee must take this action because the Agency's
long-standing and continuing refusal to comply with Committee
requests for budget information leaves no alternative.
---------------------------------------------------------------------------
\15\ Public Law 103-62.
---------------------------------------------------------------------------

Section 4. Notice

Subsections 4(a) and (b) would allow the Administrator to
reprogram funds for any authorized activities of the OAR 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 or energy research, development or
demonstration or commercial application of energy technology
program, project or activity of the OAR; or (2) up to 25
percent of the total funding for a fiscal year of an
environmental research or development or scientific or energy
research, development or demonstration or commercial
application of energy technology project or activity of the OAR
after the Administrator has transmitted a report containing a
full and complete statement of the action proposed to be taken
and the facts and circumstances that support such proposed
action to the Committee on Science and the Committee on
Appropriations of the House, and to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate and a period of 60 days has
elapsed after the date on which the report is received
(excluding 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).
Subsection 4(c) prohibits the use of reprogrammed funds for
an environmental research or development or scientific 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.
Subsection 4(d) requires the Administrator to provide
simultaneously to the Committee on Science and the Committee on
Appropriations of the House, 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 thereo, provided to the Committee on Appropriations
of the House or the Senate.
Subsection 4(e) also requires the Administrator to provide
copies simultaneously to the Committee on Science and the
Committee on Appropriations of the House, 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, development or demonstration or commercial
application of energy technology programs, projects or
activities of the OAR prepared at the direction of any
committee of Congress.
Subsection 4(f) requires the Administrator to provide
notice to the Committee on Science and the Committee on
Appropriations of the House, 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 environmental research or development
or scientific or energy research, development or demonstration
or commercial application of energy technology program, project
or activity of the OAR.

Section 5. Budget request format

Section 5 requires the Administrator to provide to the
Congress at the same time as the budget request submission a
detailed budget justification for programs, projects and
activities authorized by this Act. Each such document shall
include, for the FY requested and for two previous FYs--(1) a
description and funding requested levels for each program,
project and activity; (2) identification of all recipients of
these funds; and (3) an estimate of the amount to be expended
by each recipient in paragraph (2). In addition, Section 5
stipulates that 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.
Committee views
As noted above, the Committee must take this action because
the Agency's long-standing and continuing refusal to comply
with Committee requests for budget information leaves no
alternative.

Section 6. Limits on use of funds

Subsection 6(a) provides that 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 must submit a report to the
Committee on Science and Committee on Appropriations of the
House, and to the Committee on Energy and Natural Resources and
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 two
previous years; (2) the major purposes for such travel; and (3)
the sources of funds for such travel.
Subsection 6(b) provides that no funds authorized by the
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
also submit a report to the Committee on Science and Committee
on Appropriations of the House, and to the Committee on
Environment and Public Works and Committee on Appropriations of
the Senate that shall identify--(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 two 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.
Subsection 6(c) provides that 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 of, 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 advise and consent to ratification pursuant to
article II, section 2, clause 2 of the United Constitution and
which has not entered into force pursuant to article 25 of the
Protocol.
Committee views
The subsection 6(c) prohibition on the use of funds
authorized by this Act to propose or issue rules, decrees, or
orders for the purpose of implementation of, or in preparation
for implementation of, the Koyto Protocol, is virtually
identical to that contained in Public Law 105-276, the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999.
It is the Committee's view that the Kyoto Protocol should not
be implemented prematurely.

Section 7. Limitation on demonstrations

Subsection 7 requires that the Agency only provide funding
for scientific or energy or commercial application of energy
technology demonstration programs of the OAR 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.

Section 8. Federal acquisition regulation

Subsection 8(a) prohibits the use of funds authorized by
this Act may be used to award, amend, or modify a contract of
OAR 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.
Subsection 8(b) requires that 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, 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.

Section 9. Requests for proposals

Subsection 9 prohibits the Agency from using funds
authorized by this Act to prepare or initiate RFPs for a
program, project or activity if the program, project or
activity has not been specifically authorized by Congress.

Section 10. Production or provision of articles or services

Section 10 prohibits the use of funds authorized under this
Act by any program, project or activity of OAR to produce or
provide articles or services for the purpose of selling 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 U.S.

Section 11. Eligibility for awards

Subsection 11(a) requires the Administrator to exclude from
consideration for grant agreements made after FY 1999 by OAR,
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 11(b), appropriated for a
fiscal year after FY 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.
Subsection 11(b) provides that subsection 11(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.
Subsection 11(c) defines the term ``grant agreement'' to
mean 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 also
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))).
Committee views
The Committee has a long-standing position that awards
should be based on a competitive, merit-based process. Merit
review allows taxpayers' dollars to be spent in the most cost-
effective manner.

Section 12. Internet availability of information

Section 12 requires the Administrator to make available
through EPA's Internet home page the abstracts relating to all
research grants and awards made with the funds authorized by
this Act. Nothing in this section shall be construed to require
or permit the release of any information prohibition by law or
regulation from being released to the public.
Committee views
The Committee believes that by giving public access to
information about how tax dollars are spent, it is acting as a
responsible steward of taxpayer resources. Such information can
also stimulate additional public and private sector research by
informing the research community.
Additional committee views--computer security
The Committee is concerned with computer security at EPA.
The Committee feels that no later than October 1, 1999, EPA
should:
1. Review and evaluate the costs and benefits of
implementing formal firewall technologies. Based on the
results of this review, implement formal firewall
technologies or document the risks that EPA is willing
to assume by not implementing a firewall;
2. Implement correctives actions (e.g., filtering,
software patches, workarounds) to prevent intruders
from accessing EPA through Internet services with known
weaknesses.
3. Review industry recommendations (e.g., CERT
advisories and summaries) in a timely manner and, if
applicable, implement the recommended corrective
actions;
4. Maintain and monitor sufficient audit logs of
network system activities that will provide a useful
audit trail to assist in reconstructing events,
detecting security violations and analyzing performance
problems; and
5. Develop and implement a security plan for EPA's
Internet connectivity that meets the requirements in
the Computer Security Act of 1987 and OMB Circular A-
130.
In addition, the Committee believes that by January 1,
2000, EPA should develop and implement an EPA Network Security
Policy that:
1. Defines the Internet services that will be allowed
and/or denied;
2. Clearly delineates network security
responsibilities;
3. Defines procedures to prevent and respond to
security incidents;
4. Defines appropriate use of the Internet; and
5. States how different types of information (e.g.,
publicly releasable, limited release, Privacy Act,
etc.) will be treated when using Internet services.

VIII. Cost Estimate

Rule XIII, clause 3(d)(2) of Rules of the House of
Representatives requires that each report of a committee on a
public bill or public joint resolution contain: (A) an estimate
by the committee of the costs that would be incurred in
carrying out the bill or joint resolution in the fiscal year in
which it is reported, and in each of the five fiscal years
following that fiscal year (or for the authorized duration of
any program authorized by such bill or joint resolution, if
less than five years); (B) a comparison of the estimate of
costs described in subdivision (A) made by the committee with
any estimate of such costs made by a Government agency and
submitted to such committee; and (C) when practicable, a
comparison of the total estimated funding level for the
relevant programs with the appropriate levels under current
law. However, House Rule XIII, clause 3(d)(3)(B) provides that
this requirement does not apply when a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been included in the report pursuant to House Rule
XIII, clause 3(c)(3). A cost estimate and comparison prepared
by the Director of the Congressional Budget Office under
section 402 of the Congressional Budget Act of 1974 has been
timely submitted to the Committee on Science prior to the
filing of this report and is included in Section IX of this
report pursuant to House Rule XIII, clause 3(c)(3).
Rule XIII, clause 3(c)(2) of the Rules of the House of
Representatives requires that the report of a committee on a
measure that has been approved by the committee providing new
budget authority (other than continuing appropriations), new
spending authority, or new credit authority, or changes in
revenues or tax expenditures include the statement required by
section 308(a) of the Congressional Budget Act of 1974, except
that an estimate of new budget authority shall include, when
practicable, a comparison of the total estimated funding level
for the relevant programs to the appropriate levels under
current law. H.R. 1743 does not contain any new budget
authority, new spending authority, or new credit authority, or
changes in revenues or tax expenditures. Assuming that the sums
authorized under the bill are appropriated, H.R. 1743 does
authorize additional discretionary spending, as described in
the Congressional Budget Office report on the bill, which is
contained in Section IX of this report.

IX. Congressional Budget Office Cost Estimate

Rule XIII, clause 3(c)(3) of the Rules of the House of
Representatives requires that the report of a committee on a
measure that has been approved by the committee include an
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974 if timely submitted to the
committee before the filing of the report. The Committee on
Science has received the following cost estimate for H.R. 1743
from the Director of the Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 8, 1999.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1743, the
Environmental Protection Agency Office of Air and Radiation
Authorization Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Kim Cawley
(for federal costs), and Lisa Cash Driskill (for the state and
local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

H.R. 1743--Environmental Protection Agency Office of Air and Radiation
Authorization Act of 1999

Summary: H.R. 1743 would authorize appropriations for
research, development, and commercial application programs for
the Office of Air and Radiation of the Environmental Protection
Agency (EPA). The bill would authorize appropriations of $230
million for 2000 and $237 million for 2001 for these programs.
CBO estimates that appropriation of the authorized amounts
would result in additional discretionary spending of $467
million over the 2000-2003 period. The bill would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 1743 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 1743 is shown in the following table.
For purposes of this estimate, CBO assumes that the amounts
authorized will be appropriated by the beginning of each fiscal
year and that outlays will occur at rates similar to those of
past appropriations for research and development (R&D) by the
Office of Air and Radiation. The costs of this legislation fall
within budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--

-----------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION

Spending on Air and Radiation R&D Under Current Law:
Budget Authority \1\........................................ 301 0 0 0 0 0
Estimated Outlays........................................... 120 135 45 0 0 0
Proposed Changes:
Authorization Level......................................... 0 230 237 0 0 0
Estimated Outlays........................................... 0 92 198 141 36 0
Spending on Air and Radiation R&D Under H.R. 1743:
Authorization Level\1\...................................... 301 230 237 0 0 0
Estimated Outlays........................................... 120 227 243 141 36 0
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for clean air R&D and the climate change initiative.

Pay-as-you-go-considerations: None.
Intergovernmental and private-sector impact: H.R. 1743
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Some of the funds authorized in the bill
would be used for research at academic institutions, including
public universities.
Estimate prepared by: Federal costs: Kim Cawley; Impact on
State, local, and tribal governments: Lisa Cash Driskill.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.

X. Compliance With Public Law 104-4

H.R. 1743 contains no unfunded mandates.

XI. Committee Oversight Findings and Recommendations

Rule XIII, clause 3(c)(1) of the Rules of the House of
Representatives requires that the report of a committee on a
measure that has been approved by the committee include
oversight findings and recommendations under clause 2(b)(1) of
rule X. The Committee of Science's oversight findings and
recommendations are reflected in the body of this report.

XII. Oversight Findings and Recommendations by the Committee on
Government Reform

Rule XIII, clause 3(c)(4) of the Rules of the House of
Representatives requires that the report of a committee on a
measure that has been approved by the committee include a
summary of oversight findings and recommendations made by the
Committee on Government Reform under clause 4(c)(2) of rule X
if such findings and recommendations have been submitted to the
reporting committee in time to allow it to consider such
findings and recommendations during its deliberations on the
measure. The Committee on Science has received no such findings
or recommendations from the Committee on Government Reform.

XIII. Constitutional Authority Statement

Rule XIII, clause 3(d)(1) of the Rules of the House of
Representatives requires that each report of a committee on a
public bill or public joint resolution contain a statement
citing the specific powers granted to the Congress in the
Constitution to enact the law proposed by the bill or joint
resolution. Article I, section 8 of the Constitution of the
United States grants Congress the authority to enact H.R. 1743.

XIV. Federal Advisory Committee Statement

H.R. 1743 does not establish or authorize the establishment
of any advisory committee.

XV. Congressional Accountability Act

The Committee finds that H.R. 1743 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).

XVI. Changes in Existing Law Made by the Bill, As Reported

This legislation does not amend any existing Federal
statute.

XVII. Committee Recommendations

On May 26, 1999, a quorum being present, the Committee
favorably reported H.R. 1743, the Environmental Protection
Agency Office of Air and Radiation Authorization Act of 1999,
as amended, by a voice vote, and recommended its enactment.

XVIII. Proceedings of Committee on Science Markup

PROCEEDINGS OF THE COMMITTEE ON SCIENCE FULL COMMITTEE MARKUP ON H.R.
1743, ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF AIR AND RADIATION
AUTHORIZATION ACT OF 1999, MAY 26, 1999

The committee met, pursuant to notice, at 3:05 p.m., in
room 2318, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr., (chairman of the committee) presiding.
Chairman Sensenbrenner. The next bill up is H.R. 1743, the
EPA Office of Air and Radiation Authorization Act. Without
objection, the Chair will put his opening statement in the
record saying what this bill does.
[The information follows:]

Opening Statement of Chairman F. James Sensenbrenner, Jr.

H.R. 1743 authorizes $230.1 million for fiscal year (FY) 2000 and
$237.0 million for FY 2001 for Environmental Protection Agency's
(EPA's) Office of Air and Radiation (OAR). Highlights of the bill's
authorizations for fiscal years 2000 and 2001 include:
Science and Technology--H.R. 1743 supports the
Administration's request for EPA's Office of Air and Radiation
(OAR) Science and Technology programs, projects and activities.
The bill recommends $124.3 million in FY 2000--an increase of
$3.6 million, or 3.0 percent above the amount appropriated for
FY 1999 and $1.9 million above the Administration's request;
and recommends $128.0 million for FY 2001--an increase of $3.7
million, or 3.0 percent above the amount recommended for FY
2000.
Climate Change Technology Initiative (CCTI)--H.R.
1743 supports growth of EPA's CCTI programs, projects and
activities. The bill recommends $105.8 million in FY 2000--an
increase of $6.1 million, or 3.0 percent above the amount
appropriated for FY 1999; and recommends $109.0 million for FY
2001--an increase of $3.2 million, or 3.0 percent above the
amount recommended for FY 2000.
Other provisions of the bill include the following:
Requires EPA to submit its budget requests in a
format that is transparent and in sufficient detail so that it
is understandable;
Prohibits the use of any funds in the bill for the
purpose of implementing or in preparation of implementing the
Kyoto Protocol until the Protocol has been ratified by the
Senate and entered into force;
Limits wasteful travel by EPA and its contractors;
Prohibits noncompetitive awards of grants,
contracts, subcontracts, or any other forms of financial
assistance to trade associations;
Prohibits deviations from the Federal Acquisition
Regulation (FAR), unless the EPA Administrator grants case-by-
case waivers and reports to Congress;
Prohibits the use of funds by EPA to prepare or
initiate Requests for Proposals (RFPs) for unauthorized
program, projects, or activities;
Sets limits on amounts of funds that may be
reprogrammed;
Limits demonstrations to technologies and processes
that are substantially new, and not for incremental
improvements for technologies or processes that exist in the
marketplace; and
Excludes from consideration for grant agreements,
for a period of five years, any person who received funding for
a project not subject to a competitive, merit-based award
process, except as specifically authorized by the Act.

Chairman Sensenbrenner. Does the gentleman from Illinois
wish to be recognized?
Mr. Costello. Mr. Chairman, I will insert my statement in
the record so we can move on to amendments.
Chairman Sensenbrenner. Without objection, the gentleman
from Illinois' opening statement is put in the record. Without
objection, all members will have permission to put opening
statements in the record at this point.
[The information follows:]

Statement of Hon. Jerry Costello

Mr. Chairman, I realize the Administration will be disappointed
with this bill. The authorization levels in the bill are adequate, but
obviously fall short of the request for some of the Administrations'
programs.
As with the other bill, I believe our members would have preferred
to see some more specific guidance in the bill on spending levels for
specific programs. Many of us have expressed a desire to see the Agency
rely on the best possible information base to guide its decison-making,
especially in the area of air quality. I hope we can work together to
include some specific guidance on funding for important research
programs on criteria air pollutants in the accompanying report.
I look forward to continuing to work with you as we proceed to
consideration of this bill by the full House.
Thank you.
______

Statement of Chairman Ken Calvert

The next order of business is H.R. 1743, the Environmental
Protection Agency Office of Air and Radiation Authorization Act of
1999.
This bill contains funding for science and technology (S&T) funding
for the Office of Air and Radiation (OAR) as well as funding for the
Climate Change Technology Initiative (CCTI) which is entirely within
OAR, but comes out of the environmental program management (RPM)
account.
This bill authorizes the expenditure of a total of 230.1 million
dollars for FY 2000 and 237 million dollars for FY 2001, of which 124.3
million dollars in FY 2000 and 128 million dollars in fiscal year 2001
are for the S&T account.
The CCTI is authorized at 105.8 million dollars in FY 2000 and 109
million dollars in FY 2001.
Major programs within CCTI include 40 million dollars in FY 2000
and 41.2 million dollars in FY 2001 for Buildings; 32.7 million dollars
in FY 2000 and 33.7 million dollars in FY 2001 for Transportation
programs, including the Partnership for a New Generation of Vehicles
(PNGV); and 19.2 million dollars in FY 2000 and 19.7 million dollars in
FY 2001 for Industry-based programs.
These authorization level for OAR is in line with the
Administration's request while the CCTI authorization is an increase
from last year's appropriated levels. I believe that this bill provides
generous support for research on the complex issues of air quality,
while maintaining CCTI programs, which are largely aimed at reducing
emissions through energy efficiency.
I will conclude my comments at this point and ask for your support
on this bill.
Mr. Chairman, I thank you for your time.

Chairman Sensenbrenner. Without objection, the bill is read
a first time and open for amendment at any point.
[The information follows:]

H.R. 1743

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Environmental Protection Agency Office
of Air and Radiation Authorization Act of 1999''.

SEC. 2. DEFINITIONS.

SEC. 3. OFFICE OF AIR AND RADIATION.

(a) In General.--There are authorized to be appropriated to the
Administrator for the Office of Air and Radiation for environmental and
scientific and energy research, development, and demonstration and
commercial application of energy technology programs, projects, and
activities 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 Technology; and
(2) $105,833,500 for fiscal year 2000 and $109,008,500 for
fiscal year 2001 shall be for the Climate 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 Transportation;
(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 Removal;
(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 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 Air and Radiation environmental and scientific and energy
research, 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 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. NOTICE.

(a) Reprogramming.--The Administrator may use for any authorized
activities of the Office of Air and Radiation 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 or scientific or
energy research, development, or demonstration or commercial
application of energy technology program, project, or activity
of the Office of Air and Radiation; 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 or
scientific or energy research, development, or demonstration 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 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 scientific 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 operational funding
document, including any additions or amendments thereto, provided to
the Committee on Appropriations of the House of Representatives or to
the Committee on Appropriations of the Senate.
(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 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 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
or scientific or energy research, development, or demonstration or
commercial 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 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. 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 indirectly 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 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 grants, contracts, subcontracts, or any
other form of financial assistance 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 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 Framework 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 application of energy technology
programs, projects, or activities of the Office of Air and Radiation
only for technologies 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.

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
articles 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 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.
(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))).

Chairman Sensenbrenner. The first amendment on the roster
is by the gentleman from California, Mr. Calvert.
For what purpose do you seek recognition?
Mr. Calvert. Thank you, Mr. Chairman. I have an amendment
at the desk, and I would ask unanimous consent that the
amendment number 5, the title amendment, be heard along with
the en bloc amendment.
Chairman Sensenbrenner. Okay. Without objection, amendment
number 1 will be considered en bloc. Amendment number 5 will be
considered simultaneously. The clerk will report the
amendments.
The Clerk. Amendment to H.R. 1743 offered by Mr. Calvert
and Mr. Costello.
Chairman Sensenbrenner. Without objection, the amendments
are considered as read.
[The information follows:]

Amendment to H.R. 1743 Offered by Mr. Calvert and Mr. Costello

Strike ``environmental and scientific'' each place it appears in
the bill and insert ``environmental research and development and
scientific''.
Strike ``environmental or scientific'' each place it appears in the
bill and insert ``environmental research or development or
scientific''.
Page 2, lines 19 and 20, strike ``, projects, and activities''.
Page 2, line 26, strike ``and Technology''.
Strike ``programs, projects, and activities'' each place it appears
in the bill and insert ``programs, projects and activities''.
Strike ``programs, projects, or activities'' each place it appears
in the bill and insert ``programs, projects or activities''.
Strike ``program, project, and activity'' each place it appears in
the bill and insert ``program, project and activity''.
Strike ``program, project, or activity'' each place it appears in
the bill and insert ``program, project or activity''.
Page 8, lines 18 and 19, strike ``grants, contracts, subcontracts,
or any other form of financial assistance'' and insert ``contracts or
subcontracts''.
Page 9, lines 4 through 6, strike ``grants, contracts,
subcontracts, or any other form of financial assistance'' and insert
``contracts or subcontracts''.
Page 10, line 19, through page 11, line 2, amend section 7 to read
as follows:

SEC. 7. LIMITATION ON DEMONSTRATIONS.

The Agency shall provide funding for scientific or energy or
commercial application of energy technology demonstration 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.
Page 13, line 7, insert ``or under circumstances permitting other
than full and open competition under the Federal Acquisition
Regulation'' after ``provided by law''.
______

Title Amendment to H.R. 1743 Offered by Mr. Calvert and Mr. Costello

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 and energy research,
development, and demonstration and commercial application of energy
technology programs of the Office of Air and Radiation of the
Environmental Protection Agency, and for other purposes.''.

Chairman Sensenbrenner. The gentleman from California is
recognized for five minutes.
Mr. Calvert. Thank you, Mr. Chairman. I offer this
manager's amendment on behalf of myself and my friend, Ranking
Minority Member of the Subcommittee on Energy and Environment,
the gentleman from Illinois, Mr. Costello. The bipartisan
manager's amendment makes technical and conforming changes to
H.R. 1743 as introduced, better clarifies the intent of the
limitations and demonstrations and eligibility of award
sections.
Again, after consultations with the Commerce Committee,
this amendment also makes clarifications in language and
provisions to strengthen the Committee's jurisdictional claim
for the bill's provisions.
I want to thank my good friend for his cooperation in
crafting this bipartisan manager's amendment, and would ask my
colleagues for support. With that, I would like to yield the
balance of my time to my good friend, the gentleman from
Illinois.
Mr. Costello. I thank the gentleman for yielding. I thank
Chairman Calvert for working with the Minority to craft this
amendment. We support the amendment, and I move its adoption.
Chairman Sensenbrenner. The time is yielded back. Is there
any further discussion on amendments number 1 and 5 combined?
[No response.]
If not, the question is on agreeing to the amendments.
Those in favor will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendments are adopted.
On behalf of the gentlewoman from California, Ms. Lofgren,
I offer amendment number 3, which the clerk will report.
The Clerk. Amendment to H.R. 1743 offered by Ms. Lofgren.
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The information follows:]

Amendment to H.R. 1743 Ordered by Ms. Lofgren

Page 10, lines 5 through 13, amend subsection (c) to read as
follows:
(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.

Chairman Sensenbrenner. The Chair is recognized for five
minutes. This is the same amendment that the gentlewoman from
California offered to the previous bill, which I accept. I urge
an aye vote, and yield back the balance of my time.
Any further discussion on amendment number 3? Hearing none,
all those in favor of agreeing to the amendment will signify by
saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it. Amendment
number 3 is agreed to.
The next amendment is amendment number 4 by the gentlewoman
from Illinois, Mrs. Biggert.
For what purpose does she seek recognition?
Mrs. Biggert. Thank you, Mr. Chairman. I have an amendment
at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1743 offered by Mrs. Biggert.
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The information follows:]

Amendment to H.R. 1743 Offered by Mrs. Biggert

Page 13, after line 20, insert the following new section:

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.

Chairman Sensenbrenner. The gentlewoman from Illinois is
recognized for five minutes.
Mrs. Biggert. I thank you, Mr. Chairman. This is the same
amendment that you heard on the last bill and previous bills,
to make available on the Internet all abstracts related to
research grants and awards with the funds authorized by this
bill. I would ask for support.
Chairman Sensenbrenner. Does the gentlewoman yield back the
balance of her time?
Mrs. Biggert. Yes. I yield back the balance of my time.
Chairman Sensenbrenner. Further discussion on Biggert
amendment number 4? Hearing none, the question is agreeing to
the amendment.
Those in favor will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
amendment is agreed to.
Are there further amendments to the bill? Hearing none,
report language?
The gentleman from Minnesota, Mr. Gutknecht. While we're
finding Mr. Gutknecht, the gentleman from California, Mr.
Calvert on tables.
Mr. Calvert. Mr. Chairman, I ask unanimous consent that the
budget tables for H.R. 1743 be included in the bill's report
language and that the staff be permitted to make technical
corrections. This is consistent with Mr. Hall's unanimous
consent offered yesterday on H.R. 1655. I ask for my colleagues
to support its adoption.
Chairman Sensenbrenner. Is there any objection to the
unanimous consent request by the gentleman from California?
[No response.]
Hearing none, so ordered.
Report language of the gentleman from Minnesota. For what
purpose does he seek recognition? Do you have report language
at the desk?
Mr. Gutknecht. Are we still on H.R. 1743?
Chairman Sensenbrenner. Yes, sir.
Mr. Gutknecht. Yes. I do.
Chairman Sensenbrenner. The clerk will report the report
language.
The Clerk. Report language offered by Representative Gil
Gutknecht to H.R. 1743.
Chairman Sensenbrenner. Without objection, the report
language is considered as read.
[The information follows:]

Report Language Offered by Representative Gil Gutknecht

explanation
The Inspector General (IG) of the Environmental Protection Agency
(EPA) issued a 1997 audit report, Information Technology: EPA's
Internet Connectivity Controls. The IG provided six recommendations in
the report to correct the weaknesses identified. However, the EPA has
not fully implemented the recommendations and continues to remain
vulnerable to hacker attacks. On April 9, 1999, the EPA sent a letter
to the IG stating that the EPA would implement a firewall by the Spring
of 2000. In that letter, the EPA stated it would make every effort to
accelerate the schedule to January 2000, but cautioned that its Y2K
management plan may delay this date.
report language: computer security
The Committee is concerned with computer security at EPA. The
Committee feels that no later than October 1, 1999, EPA should:
1. Review and evaluate the costs and benefits of implementing
formal firewall technologies. Based on the results of this
review, implement formal firewall technologies or document the
risks that EPA is willing to assume by not implementing a
firewall;
2. Implement correctives actions (e.g., filtering, software
patches, workarounds) to prevent intruders from accessing EPA
through Internet services with known weaknesses.
3. Review industry recommendations (e.g., CERT advisories and
summaries) in a timely manner and, if applicable, implement the
recommended corrective actions;
4. Maintain and monitor sufficient audit logs of network
system activities that will provide a useful audit trail to
assist in reconstructing events, detecting security violations
and analyzing performance problems; and
5. Develop and implement a security plan for EPA's Internet
connectivity that meets the requirements in the Computer
Security Act of 1987 and OMB Circular A-130.
In addition, the Committee believes that by January 1, 2000, EPA
should develop and implement an EPA Network Security Policy that:
1. Defines the Internet services that will be allowed and/or
denied;
2. Clearly delineates network security responsibilities;
3. Defines procedures to prevent and respond to security
incidents;
4. Defines appropriate use of the Internet; and
5. States how different types of information (e.g., publicly
releasable, limited release, Privacy Act, etc.) will be treated
when using Internet services.

Chairman Sensenbrenner. The gentleman from Minnesota is
recognized for five minutes.
Mr. Gutknecht. Thank you, Mr. Chairman. I will be as brief
as I possibly can. In 1997, the Inspector General of the
Environmental Protection Agency issued an audit report,
Information Technology: EPA's Internet Connectivity Controls.
The IG provided six recommendations in the report to correct
the weakness identified. However, the EPA has not fully
implemented the recommendations and continues to remain
vulnerable to cyber attacks.
On April 9, 1999, the EPA sent a letter to the IG stating
that the EPA would eliminate a firewall by the spring of the
year 2000--I'm sorry, would implement a firewall by the spring
of 2000. In that letter, the EPA stated that it would make
every effort to accelerate the schedule to January of 2000. As
we all know, the EPA requires that certain private companies
provide proprietary information when doing business with the
EPA. Proprietary information is by its definition not for
public consumption. Without basic security measures, and we
have all learned a little bit about basic security here the
last several weeks, this information is vulnerable. It is
concerning that the EPA requires certain information to be
filed with them, and yet they cannot guarantee its security.
As other departments have recently found, security measures
can fail if they are not up-to-date. However, without
implementing basic security measures, a department is asking
for trouble, and in my opinion, is acting irresponsibly.
This report language simply states that the Committee feels
that the EPA should protect its computer system. Now is the
time to act, before we have another computer security crisis. I
ask my colleagues to join me in supporting this report
language. I yield back my time.
Chairman Sensenbrenner. Further discussion on the Gutknecht
proposed report language? Hearing none, all those in favor of
agreeing to the report language will signify by saying aye.
Opposed no.
The ayes appear to have it. The ayes have it, and the
report language is agreed to.
Further suggestions for report language? Hearing none, it
is now time for a motion to report the bill favorably. Who
would like to do that? The gentleman from Illinois, Mr.
Costello.
Mr. Costello. Mr. Chairman, I move that the Committee
favorably report H.R. 1743, as amended, to the House with
recommendation that the bill, as amended, do pass. Furthermore,
I move that staff be instructed to prepare the legislative
report and make necessary technical and conforming amendments,
and that the Chairman take all necessary steps to bring the
bill before the House for consideration.
Chairman Sensenbrenner. The members have heard the motion.
The question is on reporting the bill favorably. The Chair
notes the presence of a reporting quorum.
Those in favor will signify by saying aye.
Opposed no.
The ayes appear to have it. The ayes have it, and the bill
is favorably reported.
Members will have two subsequent calendar days in which to
submit supplemental, minority, dissenting or additional views
on the measure. I ask unanimous consent, pursuant to clause 1
of rule 22 of the Rules of the House that the Committee
authorize the Chairman to offer such motions as may be
necessary in the House to go to conference with the Senate on
the bill. Without objection, the staff will be given authority
to make technical and conforming changes.