```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1656 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1656

  To authorize appropriations for fiscal years 2000 and 2001 for the 
commercial application of energy technology and related civilian energy 
and scientific programs, projects, and activities of the Department of 
                    Energy, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 1999

 Mr. Calvert introduced the following bill; which was referred to the 
 Committee on Science, and in addition to the Committees on Commerce, 
   and Education and the Workforce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To authorize appropriations for fiscal years 2000 and 2001 for the 
commercial application of energy technology and related civilian energy 
and scientific programs, projects, and activities of the Department of 
                    Energy, and for other purposes.

    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 ``Department of Energy Commercial 
Application of Energy Technology Authorization Act of 1999''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Department'' means the Department of Energy; 
        and
            (2) the term ``Secretary'' means the Secretary of Energy.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Energy Supply.--There are authorized to be appropriated to the 
Secretary for Energy Supply commercial application of energy technology 
and related civilian energy and scientific research, development, and 
demonstration operation and maintenance and construction programs, 
projects, and activities for which specific sums are not authorized 
under other authority of law $237,850,000 for fiscal year 2000 and 
$235,921,000 for fiscal year 2001, to remain available through the end 
of fiscal year 2002, of which--
            (1) $177,000,000 for fiscal year 2000 and $174,070,000 for 
        fiscal year 2001 shall be for Nuclear Energy, including--
                    (A) $85,000,000 for fiscal year 2000 and 
                $87,550,000 for fiscal year 2001 for Termination Costs;
                    (B) $30,000,000 for fiscal year 2000 and 
                $30,900,000 for fiscal year 2001 for the Fast Flux Test 
                Facility;
                    (C) $13,000,000 for fiscal year 2000 and 
                $13,390,000 for fiscal year 2001 for Isotope Support;
                    (D) $8,000,000 for fiscal year 2000 for completion 
                of Project 98-E-201, Isotope Production Facility, Los 
                Alamos National Laboratory; and
                    (E) $41,000,000 for fiscal year 2000 and 
                $42,230,000 for fiscal year 2001 for Uranium Programs;
            (2) $50,750,000 for fiscal year 2000 and $51,703,000 for 
        fiscal year 2001 shall be for Environment, Safety, and Health;
            (3) $9,100,000 for fiscal year 2000 and $9,148,000 for 
        fiscal year 2001 shall be for Technical Information Management; 
        and
            (4) $1,000,000 for fiscal year 2000 and $1,000,000 for 
        fiscal year 2001 shall be for transfer to the Occupational 
        Health and Safety Administration for external regulation of all 
        federally owned or operated nonmilitary energy laboratories 
        under section 15.
    (b) Non-Defense Environmental Management.--There are authorized to 
be appropriated to the Secretary for Non-Defense Environmental 
Management commercial application of energy technology and related 
civilian energy and scientific research, development, and demonstration 
operation and maintenance programs, projects, and activities for which 
specific sums are not authorized under other authority of law 
$330,934,000 for fiscal year 2000 and $340,862,000 for fiscal year 
2001, to remain available through the end of fiscal year 2002, of 
which--
            (1) $211,146,000 for fiscal year 2000 and $217,480,000 for 
        fiscal year 2001 shall be for Site Closure;
            (2) $100,866,000 for fiscal year 2000 and $103,892,000 for 
        fiscal year 2001 shall be for the Site/Project Completion; and
            (3) $18,922,000 for fiscal year 2000 and $19,490,000 for 
        fiscal year 2001 shall be for post 2006 Completion.
    (c) Fossil Energy Research and Development.--There are authorized 
to be appropriated to the Secretary for Fossil Energy Research and 
Development Environmental Restoration commercial application of energy 
technology and related civilian energy and scientific research, 
development, and demonstration operation and maintenance programs, 
projects, and activities for which specific sums are not authorized 
under other authority of law $10,000,000 for fiscal year 2000 and 
$10,300,000 for fiscal year 2001, to remain available through the end 
of fiscal year 2002.
    (d) Energy Conservation Research and Development.--There are 
authorized to be appropriated to the Secretary for Energy Conservation 
Research and Development commercial application of energy technology 
and related civilian energy and scientific research, development, and 
demonstration operation and maintenance programs, projects, and 
activities for which specific sums are not authorized under other 
authority of law $26,227,000 for fiscal year 2000 and $27,014,000 for 
fiscal year 2001, to remain available through the end of fiscal year 
2002, of which--
            (1) $10,700,000 for fiscal year 2000 and $11,021,000 for 
        fiscal year 2001 shall be for Clean Cities;
            (2) $9,138,000 for fiscal year 2000 and $9,412,000 for 
        fiscal year 2001 shall be for Building Standards and 
        Guidelines; and
            (3) $6,389,000 for fiscal year 2000 and $6,581,000 for 
        fiscal year 2001 shall be for Lighting and Appliance Standards.

SEC. 4. NOTICE.

    (a) Reprogramming.--The Secretary may use for any authorized 
civilian energy or scientific research, development, and demonstration 
and commercial application of energy technology programs, projects, and 
activities of the Department--
            (1) up to the lesser of $250,000 or 5 percent of the total 
        funding for a fiscal year of another such program, project, or 
        activity of the Department; 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 Energy 
        and Natural Resources 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 another such 
        program, project, or activity of the Department.
    (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 a civilian energy or scientific research, 
development, and 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) Notice of Reorganization.--The Secretary shall provide notice 
to the Committee on Science and the Committee on Appropriations of the 
House of Representatives, and to the Committee on Energy and Natural 
Resources and the Committee on Appropriations of the Senate, not later 
than 15 days before any major reorganization of any civilian energy or 
scientific research, development, and demonstration or commercial 
application of energy technology program, project, or activity of the 
Department.
    (e) Copy of Reports.--The Secretary shall provide copies to the 
Committee on Science and the Committee on Appropriations of the House 
of Representatives, and to the Committee on Energy and Natural 
Resources and the Committee on Appropriations of the Senate, of any 
report relating to the civilian energy or scientific research, 
development, and demonstration or commercial application of energy 
technology activities of the Department prepared at the direction of 
any committee of Congress.

SEC. 5. LIMITATION ON DEMONSTRATIONS.

    The Department of Energy shall provide funding for civilian energy 
or scientific or commercial application of energy technology 
demonstration programs, projects, and activities only for technologies 
or processes that are substantially new, and not for incremental 
improvements to technologies or processes that exist in the 
marketplace.

SEC. 6. LIMITS ON GENERAL PLANT PROJECTS.

    If, at any time during the construction of a civilian energy or 
scientific research, development, and demonstration or commercial 
application of energy technology project of the Department for which no 
specific funding level is provided by law, the estimated cost 
(including any revision thereof) of the project exceeds $500,000, the 
Secretary may not continue such construction unless the Secretary has 
furnished a complete report to the Committee on Science and the 
Committee on Appropriations of the House of Representatives, and to the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate, explaining the project and the reasons 
for the estimate or revision.

SEC. 7. LIMITS ON CONSTRUCTION PROJECTS.

    (a) Limitation.--Except as provided in subsection (b), construction 
on a civilian energy or scientific research, development, and 
demonstration or commercial application of energy technology project of 
the Department for which funding has been specifically provided by law 
may not be started, and additional obligations may not be incurred in 
connection with the project above the authorized funding amount, 
whenever the current estimated cost of the construction project exceeds 
by more than 5 percent the higher of--
            (1) the amount authorized for the project, if the entire 
        project has been funded by the Congress; or
            (2) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to Congress.
    (b) Notice.--An action described in subsection (a) may be taken 
if--
            (1) the Secretary has submitted to the Committee on Science 
        and the Committee on Appropriations of the House of 
        Representatives, and to the Committee on Energy and Natural 
        Resources and the Committee on Appropriations of the Senate, a 
        report on the proposed actions and the circumstances making 
        such actions necessary; and
            (2) a period of 60 days has elapsed after the date on which 
        the report is received by the committees.
    (c) Exclusion.--In the computation of the 60-day period described 
in subsection (b)(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.

SEC. 8. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement for Conceptual Design.--(1) Subject to paragraph 
(2) and except as provided in paragraph (3), before submitting to 
Congress a request for funds for a construction project that is in 
support of a civilian energy or scientific research, development, and 
demonstration or commercial application of energy technology program, 
project, or activity of the Department, the Secretary shall complete a 
conceptual design for that project.
    (2) If the estimated cost of completing a conceptual design for a 
civilian energy or scientific research, development, and demonstration 
or commercial application of energy technology construction project 
exceeds $500,000, the Secretary shall submit to Congress a request for 
funds for the conceptual design before submitting a request for funds 
for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request 
for funds for a construction project, the total estimated cost of which 
is less than $1,000,000.
    (b) Authority for Construction Design.--(1) The Secretary may carry 
out construction design (including architectural and engineering 
services) in connection with any proposed construction project that is 
in support of a civilian energy or scientific research, development, 
and demonstration or commercial application of energy technology 
program of the Department if the total estimated cost for such design 
does not exceed $100,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project described in paragraph (1) 
exceeds $100,000, funds for such design must be specifically authorized 
by law.

SEC. 9. LIMITS ON USE OF FUNDS.

    (a) Clean Coal Technology Reserve.--No funds in the Clean Coal 
Technology Reserve may be used to initiate or carry out a clean coal 
technology energy demonstration project based outside the United 
States.
    (b) 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 Department or travel costs for persons awarded grants, 
contracts, subcontracts, or any other form of financial assistance by 
the Department. As part of the Department's annual budget request 
submission to the Congress, the Secretary shall submit a report to the 
Committee on Science and the Committee on Appropriations of the House 
of Representatives, and to the Committee on Energy and Natural 
Resources and the Committee on Appropriations of the Senate, that 
identifies--
            (1) the estimated amount of travel costs by the Department 
        and for persons awarded grants, contracts, subcontracts, or any 
        other form of financial assistance by the Department 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.
    (c) 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 
Department to a trade association on a noncompetitive basis. As part of 
the Department's annual budget request submission to the Congress, the 
Secretary shall submit a report to the Committee on Science and the 
Committee on Appropriations of the House of Representatives, and to the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate, that identifies--
            (1) the estimated amount of funds provided by the 
        Department 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.

SEC. 10. MANAGEMENT AND OPERATING CONTRACTS.

    (a) Competitive Procedure Requirement.--None of the funds 
authorized to be appropriated by this Act or any prior Act may be used 
to award a management and operating contract for a federally owned or 
operated nonmilitary energy laboratory of the Department unless such 
contract is awarded using competitive procedures or the Secretary 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary 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 Secretary intends to 
grant such a waiver, the Secretary shall submit to the Committee on 
Science and the Committee on Appropriations of the House of 
Representatives, and to the Committee on Energy and Natural Resources 
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. 11. FEDERAL ACQUISITION REGULATION.

    (a) Requirement.--None of the funds authorized to be appropriated 
by this Act or any prior Act for any commercial application of energy 
technology or civilian energy or scientific research, development, and 
demonstration or commercial application of energy technology activities 
may be used to award, amend, or modify a contract of the Department in 
a manner that deviates from the Federal Acquisition Regulation, unless 
the Secretary grants, on a case-by-case basis, a waiver to allow for 
such a deviation. The Secretary 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 Secretary intends to 
grant such a waiver, the Secretary shall submit to the Committee on 
Science and the Committee on Appropriations of the House of 
Representatives, and to the Committee on Energy and Natural Resources 
and the Committee on Appropriations of the Senate, a report notifying 
the committees of the waiver and setting forth the reasons for the 
waiver.

SEC. 12. REQUESTS FOR PROPOSALS.

    None of the funds authorized to be appropriated by this Act or any 
prior Act may be used by the Department to prepare or initiate Requests 
for Proposals (RFPs) for a civilian energy or scientific research, 
development, and demonstration or commercial application of energy 
technology program, project, or activity if the program, project, or 
activity has not been specifically authorized by Congress.

SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES.

    (a) Restriction.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or any prior Act may be 
used by any civilian energy or scientific research, development, and 
demonstration or commercial application of energy technology program, 
project, or activity of the Department 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 Secretary determines 
that the articles or services are not available from a commercial 
source in the United States.
    (b) Exception.--Subsection (a) does not apply to the transmission 
and sale of electricity by any Federal power marketing administration.

SEC. 14. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Secretary shall exclude from consideration for 
grant agreements for civilian energy or scientific research, 
development, and demonstration or commercial application of energy 
technology activities made by the Department after fiscal year 1999 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 program, project, 
or activity 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))).

SEC. 15. EXTERNAL REGULATION.

    (a) Authority.--
            (1) Elimination of department of energy authority.--Except 
        as provided in paragraph (2), effective January 1, 2000, the 
        Department shall have no regulatory or enforcement authority, 
        through rules, regulations, orders, and standards, or reporting 
        requirements, with respect to Federal, State, and local 
        environmental, safety, and health requirements at any federally 
        owned or operated nonmilitary energy laboratory.
            (2) Exception.--Notwithstanding paragraph (1), the 
        Department shall retain regulatory or enforcement authority 
        described in paragraph (1) at any federally owned or operated 
        nonmilitary energy laboratory to the extent that no other 
        Federal, State, or local governmental agency has such 
        regulatory or enforcement authority.
    (b) Nuclear Regulatory Commission Authority.--
            (1) Enforcement responsibilities.--Effective January 1, 
        2000, the Nuclear Regulatory Commission shall assume the 
        regulatory and enforcement responsibilities of the Department 
        under the Atomic Energy Act of 1954 with regard to federally 
        owned or operated nonmilitary energy laboratories, including 
        such responsibilities with respect to accelerator-produced 
        radioactive material and ionizing radiation generating machine.
            (2) Licensed entity.--For the purposes of carrying out at 
        federally owned or operated nonmilitary energy laboratories 
        regulatory and enforcement responsibilities described in 
        paragraph (1), the Nuclear Regulatory Commission may regulate 
        and license or provide certification for the Department, the 
Department's contractor, or both.
            (3) Decommissioning.--A contractor operating a federally 
        owned nonmilitary energy laboratory shall not be responsible 
        for the costs of decommissioning that facility. No enforcement 
        action may be taken against such contractor for any violation 
        of Nuclear Regulatory Commission decommissioning requirements, 
        if such violation is the result of a failure of the Department 
        to authorize or fund decommissioning activities. The Nuclear 
        Regulatory Commission and the Department shall, not later than 
        July 1, 2000, enter into a memorandum of understanding 
        establishing decommissioning procedures and requirements for 
        federally owned or operated nonmilitary energy laboratories.
    (c) Occupational Safety and Health.--
            (1) OSHA jurisdiction.--Notwithstanding any other provision 
        of law, effective January 1, 2000, the Occupational Safety and 
        Health Administration shall assume the regulatory and 
        enforcement responsibilities of the Department relating to 
        matters covered by the Occupational Safety and Health Act of 
        1970 with regard to all federally owned or operated nonmilitary 
        energy laboratories. The Department's contractor or contractors 
        operating those laboratories shall be considered employers for 
        purposes of the Occupational Safety and Health Act of 1970.
            (2) Applicability.--Section 4(b)(1) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) does not 
        apply with respect to the Department's regulation, or the 
        Nuclear Regulatory Commission's regulation, of federally owned 
        or operated nonmilitary energy laboratories.
            (3) Radiation regulations.--With respect to federally owned 
        or operated nonmilitary energy laboratories, the Secretary of 
        Labor may enforce the regulations contained in part 20 of title 
        10 of the Code of Federal Regulations, relating to Protection 
        from Radiation, to the same extent as regulations issued under 
        section 6(b) of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 655(b)).
            (4) Memorandum of understanding.--The Nuclear Regulatory 
        Commission and the Occupational Safety and Health 
        Administration shall, within 90 days after the date of the 
        enactment of this Act, enter into a memorandum of understanding 
        to govern the exercise of their respective authorities over 
        occupational safety and health hazards at federally owned or 
        operated nonmilitary energy laboratories.
    (d) Transfer of Funds.--For the purposes of carrying out this 
section, and for conducting pilot programs and other activities 
necessary to prepare for and effect the transition of regulatory and 
enforcement responsibilities for federally owned or operated 
nonmilitary energy laboratories from the Department, the Secretary 
shall transfer $1,000,000 from the appropriation made pursuant to 
section 3(a)(4) to the Occupational Safety and Health Administration.
    (e) Civil Penalties.--The Department's contractor operating a 
federally owned or operated nonmilitary energy laboratory shall not be 
liable for civil penalties under the Atomic Energy Act of 1954 or the 
Occupational Safety and Health Act of 1970 for any actions taken before 
October 1, 2000, pursuant to the transfer of regulatory and enforcement 
responsibilities required by this section.
    (f) Indemnification.--The Secretary shall continue to indemnify 
federally owned or operated nonmilitary energy laboratories in 
accordance with the provisions of section 170d. of the Atomic Energy 
Act of 1954.
    (g) Department of Energy Reporting Requirement.--By October 31, 
1999, the Secretary shall transmit to the Committee on Science and the 
Committee on Appropriations of the House of Representatives, and the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate, a plan for the termination of the 
Department's regulatory and enforcement responsibilities for federally 
owned or operated nonmilitary energy laboratories required by this 
section. The report shall include--
            (1) a detailed transition plan, drafted in coordination 
        with the Nuclear Regulatory Commission and the Occupational 
        Safety and Health Administration, giving the schedule for 
        termination of self-regulation authority as outlined in 
        subsection (a), including the activities to be coordinated with 
        the Nuclear Regulatory Commission and the Occupational Safety 
        and Health Administration;
            (2) a description of any issues remaining to be resolved 
        with the Nuclear Regulatory Commission, the Occupational Safety 
        and Health Administration, or other external regulators, and a 
        timetable for resolving such issues before January 1, 2000;
            (3) an estimate of--
                    (A) the annual cost of administering and 
                implementing self-regulation of environmental, safety, 
                and health activities at federally owned or operated 
                nonmilitary energy laboratories;
                    (B) the number of Federal and contractor employees 
                administering and implementing such self-regulation;
                    (C) the cost of external regulation based on the 
                pilot project of simulated Nuclear Regulatory 
                Commission regulation which has already been conducted; 
                and
                    (D) the extent and schedule by which the Department 
                and laboratory staffs will be reduced as a result of 
                implementation of this section; and
            (4) a description of regulatory or enforcement authorities 
        the Department determines it will be required to retain 
        pursuant to subsection (a)(2).
                                 <all>
```