I

104TH CONGRESS

1ST SESSION H. R. 1816

To authorize appropriations for civilian research, development, demonstration,

and commercial application activities of the Department of Energy for

fiscal year 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1995

Mr. ROHRABACHER (for himself and Mr. HAYES) introduced the following bill;

which was referred to the Committee on Science

A BILL

To authorize appropriations for civilian research, development, demonstration, and commercial application activities of the Department of Energy for fiscal year 1996,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 Civilian Research and Development Act of 1995’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act—
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1 (1) the term ‘‘Department’’ means the Depart2 ment of Energy;

3 (2) the term ‘‘major construction project’’

4 means a civilian research, development, demonstra5 tion, or commercial application project whose con6 struction costs are estimated to exceed

7 $100,000,000 over the life of the project;

8 (3) the term ‘‘Secretary’’ means the Secretary

9 of Energy;

10 (4) the term ‘‘substantial construction project’’

11 means a civilian research, development, demonstra12 tion, or commercial application project whose con13 struction costs are estimated to exceed $10,000,000,

14 but not to exceed $100,000,000, over the life of the

15 project; and

16 (5) the term ‘‘substantial equipment acquisi17 tion’’ means the acquisition of civilian research, de18 velopment, demonstration, or commercial application

19 equipment at a cost estimated to exceed

20 $10,000,000 for the entire acquisition.

21 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

22 (a) ENERGY SUPPLY RESEARCH AND DEVELOPMENT

23 ACTIVITIES.—There are authorized to be appropriated to

24 the Secretary for fiscal year 1996 for Energy Supply Re-
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1 search and Development operating, capital equipment, and

2 construction the following amounts:

3 (1) Solar and Renewable Energy,

4 $203,641,000, of which—

5 (A) $203,521,000 shall be for operating

6 and capital equipment; and

7 (B) $120,000 shall be for construction of

8 Project GP–C–002, General Plant Projects, Na9 tional Renewable Energy Laboratory.

10 (2) Nuclear Energy, $234,541,000, of which—

11 (A) $231,841,000 shall be for operating

12 and capital equipment, including, subject to sec13 tion 4(b), $25,000,000 for the Gas Turbine14 Modular Helium Reactor, and, subject to sec15 tion 4(d), $14,000,000 for the AP600 light

16 water reactor;

17 (B) $1,000,000 shall be for construction of

18 Project GPN–102, General Plant Projects, Ar19 gonne National Laboratory-West, Idaho; and

20 (C) $1,700,000 shall be for completion of

21 construction of Project 95–E–207, Modifica22 tions to Reactors, Experimental Breeder Reac23 tor-II, Sodium Processing Facility, Argonne

24 National Laboratory-West, Idaho.
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1 (3) Environment, Safety, and Health,

2 $127,291,000 for operating and capital equipment.

3 (4) Biological and Environmental Research,

4 $358,136,000, of which—

5 (A) $302,041,000 shall be for operating

6 and capital equipment;

7 (B) $3,500,000 shall be for construction of

8 Project GPE–120, General Plant Projects, Var9 ious Locations;

10 (C) $5,700,000 shall be for construction of

11 Project 94–E–339, Human Genome Labora12 tory, Lawrence Berkeley Laboratory;

13 (D) $4,295,000 shall be for completion of

14 construction of Project 94–E–338, Structural

15 Biology Facility, Argonne National Laboratory;

16 (E) $2,600,000 shall be for completion of

17 construction of Project 94–E–337, ALS Struc18 tural Biology Support Facilities, Lawrence

19 Berkeley Laboratory; and

20 (F) $40,000,000 shall be for construction

21 of Project 91–EM–100, Environmental Molecu22 lar Sciences Laboratory, Pacific Northwest

23 Laboratory.

24 (5) Fusion Energy, $229,144,000, of which—
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1 (A) $214,201,000 shall be for operating

2 and capital equipment for Magnetic Fusion En3 ergy;

4 (B) $4,800,000 shall be for operating and

5 capital equipment for Inertial Fusion Energy;

6 (C) $5,943,000 shall be for Program Di7 rection operating;

8 (D) $1,000,000 shall be for construction of

9 Project GPE–900, General Plant Projects, Var10 ious Locations; and

11 (E) $3,200,000 shall be for construction of

12 Project 96–E–310, Elise Project, Lawrence

13 Berkeley Laboratory.

14 (6) Basic Energy Sciences, $765,852,000, of

15 which—

16 (A) $743,283,000 shall be for operating

17 and capital equipment, including $60,000,000

18 for the Scientific Facilities Initiative;

19 (B) $4,500,000 shall be for construction of

20 Project GPE–400, General Plant Projects, Var21 ious Locations;

22 (C) $12,883,000 shall be for construction

23 of Project 96–E–305, Accelerator and Reactor

24 Improvements and Modifications;
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1 (D) $3,186,000 shall be for completion of

2 construction of Project 89–R–402, 6–7 GeV

3 Synchrotron Radiation Source, Argonne Na4 tional Laboratory; and

5 (E) $2,000,000 shall be for construction of

6 Project 87–R–405, Combustion Research Facil7 ity, Phase II, Sandia National Laboratories8 Livermore.

9 (7) Multiprogram Energy Laboratories—Facili10 ties Support—

11 (A) $15,539,000 shall be for operating and

12 capital equipment;

13 (B) $8,740,000 shall be for construction of

14 Project GPE–801, General Plant Projects, Var15 ious Locations;

16 (C) $2,740,000 shall be for construction of

17 Project 95–E–310, Multiprogram Laboratory

18 Rehabilitation, Phase 1, Pacific Northwest Lab19 oratory;

20 (D) $1,500,000 shall be for construction of

21 Project 95–E–303, Electrical Safety Rehabilita22 tion, Pacific Northwest Laboratory;

23 (E) $3,270,000 shall be for completion of

24 construction of Project 95–E–302, Applied
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1 Science Center, Phase 1, Brookhaven National

2 Laboratory;

3 (F) $2,500,000 shall be for construction of

4 Project 95–E–301, Central Heating Plant Re5 habilitation, Phase 1, Argonne National Lab6 oratory;

7 (G) $2,038,000 shall be for construction of

8 Project 94–E–363, Roofing Improvements, Oak

9 Ridge National Laboratory;

10 (H) $440,000 shall be for completion of

11 construction of Project 94–E–351, Fuel Stor12 age and Transfer Facility Upgrade, Brookhaven

13 National Laboratory;

14 (I) $800,000 shall be for construction of

15 Project 96–E–332, Building 801 Renovations,

16 Brookhaven National Laboratory;

17 (J) $2,400,000 shall be for completion of

18 construction of Project 96–E–331, Sanitary

19 Sewer Restoration, Phase I, Lawrence Berkeley

20 Laboratory;

21 (K) $1,200,000 shall be for construction of

22 Project 96–E–330, Building Electrical Service

23 Upgrade, Phase I, Argonne National Labora24 tory;
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1 (L) $2,480,000 shall be for construction of

2 Project 95–E–309, Loss Prevention Upgrade3 Electrical Substations, Brookhaven National

4 Laboratory;

5 (M) $1,540,000 shall be for construction

6 of Project 95–E–308, Sanitary System Modi7 fications, Phase II, Brookhaven National Lab8 oratory;

9 (N) $1,000,000 shall be for construction of

10 Project 95–E–307, Fire Safety Improvements,

11 Phase III, Argonne National Laboratory;

12 (O) $1,288,000 shall be for completion of

13 construction of Project 93–E–324, Hazardous

14 Materials Safeguards, Phase I, Lawrence

15 Berkeley Laboratory;

16 (P) $1,130,000 shall be for completion of

17 construction of Project 93–E–323, Fire and

18 Safety Systems Upgrade, Phase I, Lawrence

19 Berkeley Laboratory; and

20 (Q) $2,411,000 shall be for construction of

21 Project 93–E–320, Fire and Safety Improve22 ments, Phase II, Argonne National Laboratory.

23 Notwithstanding subparagraphs (A) through (Q),

24 the total amount authorized under this paragraph

25 shall not exceed $39,327,000.
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1 (8) Advisory and Oversight Program Direction,

2 $5,940,000 for operating.

3 (9) Technical Information Management Pro4 gram, $14,394,000, of which—

5 (A) $12,894,000 shall be for operating and

6 capital equipment; and

7 (B) $1,500,000 shall be for construction of

8 Project 95–A–500, Heating, Venting, and Air

9 Conditioning Retrofits, Oak Ridge.

10 (10) Environmental Management,

11 $624,323,000, of which—

12 (A) $607,253,000 shall be for operating

13 and capital equipment;

14 (B) $339,000 shall be for completion of

15 construction of Project 92–E–601, Melton Val16 ley Liquid Low-Level Waste Collection and

17 Transfer System Upgrade, Oak Ridge National

18 Laboratory;

19 (C) $4,000,000 shall be for construction of

20 Project 88–R–830, Bethel Valley Liquid Low21 Level Waste Collection and Transfer System

22 Upgrade, Oak Ridge National Laboratory;

23 (D) $2,255,000 shall be for construction of

24 Project GPN–103, Oak Ridge Landlord Gen25 eral Plant Projects;
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1 (E) $730,000 shall be for construction of

2 Project GPN–102, Test Reactor Area Landlord

3 General Plant Projects, Idaho National Engi4 neering Laboratory;

5 (F) $1,900,000 shall be for construction of

6 Project 95–E–201, Test Reactor Area Landlord

7 Fire and Life Safety Improvements, Idaho Na8 tional Engineering Laboratory;

9 (G) $2,040,000 shall be for construction of

10 Project GPE–600, General Plant Projects,

11 Waste Management, Non-Defense, Various Lo12 cations;

13 (H) $300,000 shall be for construction of

14 Project 94–E–602, Bethel Valley Federal Facil15 ity Agreement Upgrades, Oak Ridge National

16 Laboratory;

17 (I) $4,048,000 shall be for construction of

18 Project 93–E–900, Dry Cast Storage, Idaho

19 National Engineering Laboratory;

20 (J) $787,000 shall be for construction of

21 Project 91–E–602, Rehabilitation of Waste

22 Management Building 306, Argonne National

23 Laboratory; and

24 (K) $671,000 shall be for completion of

25 construction of Project 88–R–812, Hazardous
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1 Waste Handling Facility, Lawrence Berkeley

2 Laboratory.

3 (b) GENERAL SCIENCE AND RESEARCH ACTIVI4 TIES.—There are authorized to be appropriated to the

5 Secretary for fiscal year 1996 for General Science and Re6 search Activities operating, capital equipment, and con7 struction the following amounts:

8 (1) High Energy Physics, $674,137,000, of

9 which—

10 (A) $548,191,000 shall be for operating

11 and capital equipment, including $15,000,000

12 for the Scientific Facilities Initiative;

13 (B) $12,146,000 shall be for construction

14 of Project GPE–103, General Plant Projects,

15 Various Locations;

16 (C) $9,800,000 shall be for construction of

17 Project 96–G–301, Accelerator Improvements

18 and Modifications, Various Locations;

19 (D) $52,000,000 shall be for construction

20 of Project 94–G–305, B-Factory, Stanford Lin21 ear Accelerator Center; and

22 (E) $52,000,000 shall be for construction

23 of Project 92–G–302, Fermilab Main Injector,

24 Fermi National Accelerator Center.

25 (2) Nuclear Physics, $290,110,000, of which—
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1 (A) $213,010,000 shall be for operating

2 and capital equipment, including $25,000,000

3 for the Scientific Facilities Initiative;

4 (B) $3,900,000 shall be for construction of

5 Project GPE–300, General Plant Projects, Var6 ious Locations;

7 (C) $3,200,000 shall be for construction of

8 Project 96–G–302, Accelerator Improvements

9 and Modifications, Various Locations; and

10 (D) $70,000,000 shall be for construction

11 of Project 91–G–300, Relativistic Heavy Ion

12 Collider, Brookhaven National Laboratory.

13 (3) Program Direction, $8,430,000.

14 (c) FOSSIL ENERGY RESEARCH AND DEVELOP15 MENT.—There are authorized to be appropriated to the

16 Secretary for fiscal year 1996 for Fossil Energy Research

17 and Development operating, capital equipment, and con18 struction the following amounts:

19 (1) Coal, $49,955,000 for operating.

20 (2) Oil Technology, $41,234,000 for operating,

21 including maintaining programs at the National In22 stitute for Petroleum and Energy Research.

23 (3) Gas, $57,829,000 for operating.

24 (4) Program Direction and Management Sup25 port, $32,192,000 for operating.
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1 (5) Capital Equipment, $476,000.

2 (6) Construction of Project GPF–100, General

3 Plant Projects for Energy Technology Centers,

4 $1,994,000.

5 (7) Cooperative Research and Development,

6 $7,557,000.

7 (8) Fossil Energy Environmental Restoration,

8 $12,370,000.

9 (d) ENERGY CONSERVATION RESEARCH AND DEVEL10 OPMENT.—There are authorized to be appropriated to the

11 Secretary for fiscal year 1996 for Energy Conservation

12 Research and Development operating and capital equip13 ment the following amounts:

14 (1) Buildings Sector, $40,107,000.

15 (2) Industry Sector, $51,116,000.

16 (3) Transportation Sector, $106,731,000.

17 (4) Technical and Financial Assistance (Non18 Grants), $7,813,000.

19 SEC. 4. FUNDING LIMITATIONS.

20 (a) FISCAL YEAR 1996 APPROPRIATIONS.—None of

21 the funds authorized by this Act may be used for the fol22 lowing programs, projects, and activities:

23 (1) Solar Buildings Technology Research.

24 (2) Solar International Program.

25 (3) Solar Technology Transfer.
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1 (4) Solar Program Support.

2 (5) Resource Assessment.

3 (6) Hydropower.

4 (7) In-House Energy Management.

5 (8) Policy and Management—Energy Efficiency

6 and Renewable Energy.

7 (9) Space Power Reactor Systems.

8 (10) Nuclear Energy Facilities.

9 (11) Policy and Management—Nuclear Energy.

10 (12) Soviet-Designed Reactor Safety.

11 (13) Russian Replacement Power Initiative.

12 (14) Advanced Neutron Source.

13 (15) Energy Research Analysis.

14 (16) University and Science Education.

15 (17) Energy Research Laboratory Technology

16 Transfer.

17 (18) Technology Partnerships.

18 (19) Policy and Management—Energy Re19 search.

20 (20) Direct Liquefaction.

21 (21) Indirect Liquefaction.

22 (22) Systems for Coproducts.

23 (23) Technical and Economic Analysis.

24 (24) International Program Support.

25 (25) Coal Technology Export.
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1 (26) Gas Delivery and Storage.

2 (27) Gas Utilization.

3 (28) Fuel Cells Climate Change Action Plan.

4 (29) Fuels Conversion, Natural Gas, and Elec5 tricity.

6 (30) Clean Coal Technology Program.

7 (31) Buildings Sector Codes and Standards.

8 (32) Buildings Sector Implementation and De9 ployment.

10 (33) Industry Sector Municipal Solid Wastes.

11 (34) Industry Sector Implementation and De12 ployment.

13 (35) Alternative Fuels Utilization.

14 (36) Transportation Sector Implementation and

15 Deployment.

16 (37) Utility Sector Integrated Resource Plan17 ning.

18 (38) International Market Development.

19 (39) Inventions and Innovation Program.

20 (40) Municipal Energy Management.

21 (41) Information and Communications.

22 (42) Policy and Management—Energy Con23 servation.

24 (b) FISCAL YEAR 1996 OBLIGATION AND EXPENDI25 TURE.—None of the funds authorized by this Act may be
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1 available for obligation for expenditure for the Gas Tur2 bine-Modular Helium Reactor, except for termination of

3 such reactor, until the National Academy of Sciences has

4 conducted a detailed review of the economic and technical

5 issues related to such reactor, and has reported to the De6 partment, the Committee on Science of the House of Rep7 resentatives, and the Committee on Energy and Natural

8 Resources of the Senate that such reactor warrants fund9 ing within the civilian nuclear energy budget of the De10 partment.

11 (c) PRIOR FISCAL YEAR OBLIGATION AND EXPENDI12 TURE.—No funds may be available for obligation or ex13 penditure with respect to the following:

14 (1) University of Nebraska Medical Center

15 Transplant Center.

16 (2) Oregon Health Sciences University.

17 (3) Conduct of any rulemaking activities relat18 ing to Lighting and Appliance Standards and Build19 ing Standards and Guidelines, including the promul20 gation or issuance of notices of proposed

21 rulemakings, proposed rules, or final rules.

22 (d) LIGHT WATER REACTOR MATCHING FUNDS.—

23 Funds appropriated for the AP600 light water reactor

24 pursuant to section 3(a)(2)(A) shall be available only to

25 the extent that matching private sector funds are provided
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1 for such project, and subject to the condition that such

2 Federal funds shall be repaid to the United States out

3 of royalties on the first commercial sale of such reactor

4 design.

5 SEC. 5. LIMITATION ON APPROPRIATIONS.

6 No sums are authorized to be appropriated for any

7 fiscal year after fiscal year 1995 for any civilian research,

8 development, demonstration, or commercial application

9 program, project, or activity of the Department unless

10 such sums are specifically authorized to be appropriated

11 by Act of Congress with respect to such fiscal year.

12 SEC. 6. MERIT REVIEW REQUIREMENT FOR AWARDS OF FI13 NANCIAL ASSISTANCE.

14 (a) MERIT REVIEW REQUIREMENT.—The Secretary

15 may not award financial assistance to any person for civil16 ian research, development, demonstration, or commercial

17 application activities, including related facility construc18 tion, unless an objective merit review process is used to

19 award the financial assistance.

20 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

21 MERIT REVIEW PROVISION.—

22 (1) IN GENERAL.—A provision of law may not

23 be construed as modifying or superseding subsection

24 (a), or as requiring that financial assistance be
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1 awarded by the Secretary in a manner inconsistent

2 with subsection (a), unless such provision of law—

3 (A) specifically refers to this section;

4 (B) specifically states that such provision

5 of law modifies or supersedes subsection (a);

6 and

7 (C) specifically identifies the person to be

8 awarded the financial assistance and states that

9 the financial assistance to be awarded pursuant

10 to such provision of law is being awarded in a

11 manner inconsistent with subsection (a).

12 (2) NOTICE AND WAIT REQUIREMENT.—No fi13 nancial assistance may be awarded pursuant to a

14 provision of law that requires or authorizes the

15 award of the financial assistance in a manner incon16 sistent with subsection (a) until—

17 (A) the Secretary submits to the Congress

18 a written notice of the Secretary’s intent to

19 award the financial assistance; and

20 (B) 180 days has elapsed after the date on

21 which the notice is received by the Congress.

22 (c) DEFINITIONS.—For purposes of this section:

23 (1) The term ‘‘objective merit review process’’

24 means a thorough, consistent, and independent ex25 amination of requests for financial assistance based
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1 on preestablished criteria and scientific and technical

2 merit by persons knowledgeable in the field for

3 which the financial assistance is requested.

4 (2) The term ‘‘financial assistance’’ means the

5 transfer of funds or property to a recipient or sub6 recipient to accomplish a public purpose of support

7 or stimulation authorized by Federal law. Such term

8 includes grants, cooperative agreements, and

9 subawards but does not include cooperative research

10 and development agreements as defined in section

11 12(d)(1) of the Stevenson-Wydler Technology Inno12 vation Act of 1980 (15 U.S.C. 3710a(d)(1)), nor

13 any grant that calls upon the National Academy of

14 Sciences, the National Academy of Engineering, the

15 Institute of Medicine, or the National Academy of

16 Public Administration to investigate, examine, or ex17 periment upon any subject of science or art and to

18 report on such matters to Congress or any agency

19 of the Federal Government.

20 SEC. 7. POLICY ON CAPITAL PROJECTS AND CONSTRUC21 TION.

22 (a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)

23 No funds are authorized to be appropriated to the Sec24 retary for any substantial construction project, substantial

25 equipment acquisition, or major construction project un-
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1 less a report on such project or acquisition has been pro2 vided to Congress in accordance with subsection (b).

3 (2) The Secretary may not obligate any funds for any

4 substantial construction project, substantial equipment ac5 quisition, or major construction project unless such project

6 or acquisition has been specifically authorized by statute.

7 (3) This subsection may not be amended or modified

8 except by specific reference to this subsection.

9 (b) REPORTS TO CONGRESS.—(1) Within 180 days

10 after the date of the enactment of this Act, the Secretary

11 shall submit to the Congress a report that identifies all

12 construction projects and acquisitions of the Department

13 described in subsection (a) for which the preliminary de14 sign phase is completed but the construction or acquisition

15 is not completed. Such report shall include—

16 (A) an estimate of the total cost of completion

17 of the construction project or acquisition, itemized

18 by individual activity and by fiscal year; and

19 (B) an identification of which construction

20 projects or acquisitions have not been specifically au21 thorized by statute.

22 The Secretary shall annually update and resubmit the re23 port required by this paragraph, as part of the report re24 quired under section 15 of the Federal Nonnuclear Energy

25 Research and Development Act of 1974 (42 U.S.C. 5914).
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1 (2) The Secretary shall, after completion of the pre2 liminary design phase of a major construction project,

3 submit to the Congress a report containing—

4 (A) an estimate of the total cost of construction

5 of the facility;

6 (B) an estimate of the time required to com7 plete construction;

8 (C) an estimate of the annual operating costs of

9 the facility;

10 (D) the intended useful operating life of the fa11 cility; and

12 (E) an identification of any existing facilities to

13 be closed as a result of the operation of the facility.

14 SEC. 8. FURTHER AUTHORIZATIONS.

15 Nothing in this Act shall preclude further authoriza16 tion of appropriations for civilian research, development,

17 demonstration, and commercial application activities of

18 the Department of Energy for fiscal year 1996: Provided,

19 That authorization allocations adopted by the Conference

20 Committee on House Concurrent Resolution 67, and ap21 proved by Congress, allow for such further authorizations.

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