IIB

106TH CONGRESS

1ST SESSION H. R. 1655

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 16, 1999

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To authorize appropriations for fiscal years 2000 and 2001

for the civilian energy and scientific research, development, and demonstration and related commercial application of energy technology programs, projects, and activities of the Department of Energy, and for other purposes.
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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 Research, Development, and Demonstration Authorization

6 Act of 1999’’.

7 SEC. 2. DEFINITIONS.

8 For the purposes of this Act, the term—

9 (1) ‘‘Department’’ means the Department of

10 Energy; and

11 (2) ‘‘Secretary’’ means the Secretary of Energy.

12 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

13 (a) ENERGY SUPPLY.—There are authorized to be

14 appropriated to the Secretary for Energy Supply civilian

15 energy and scientific research, development, and dem16 onstration and related commercial application of energy

17 technology operation and maintenance and construction

18 programs, projects, and activities for which specific sums

19 are not authorized under other authority of law

20 $482,266,000 for fiscal year 2000 and $504,595,630 for

21 fiscal year 2001, to remain available through the end of

22 fiscal year 2002, of which—

23 (1) $366,524,000 for fiscal year 2000 and

24 $377,339,630 for fiscal year 2001 shall be for Solar

25 and Renewable Resources Technologies, including—
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1 (A) $5,500,000 for fiscal year 2000 and

2 $5,665,000 for fiscal year 2001 for Solar Build3 ing Technology Research;

4 (B) $93,309,000 for fiscal year 2000 and

5 $96,108,270 for fiscal year 2001 for Photo6 voltaic Energy Systems;

7 (C) $18,850,000 for fiscal year 2000 and

8 $19,415,500 for fiscal year 2001 for Concen9 trating Solar Power, of which $2,000,000 for

10 fiscal year 2000 and $3,000,000 for fiscal year

11 2001 shall be for experimental beamed power

12 technology demonstrations;

13 (D) $92,391,000 for fiscal year 2000 and

14 $95,162,730 for fiscal year 2001 for Biopower/

15 Biofuels Energy Systems;

16 (E) $45,600,000 for fiscal year 2000 and

17 $46,968,000 for fiscal year 2001 for Wind En18 ergy Systems;

19 (F) $4,000,000 for fiscal year 2000 and

20 $4,120,000 for fiscal year 2001 for the Renew21 able Energy Production Incentive Program;

22 (G) $6,000,000 for fiscal year 2000 and

23 $6,000,000 for fiscal year 2001 for the Inter24 national Solar Energy Program;
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1 (H) $3,900,000 for fiscal year 2000 and

2 $4,017,000 for fiscal year 2001 for the Na3 tional Renewable Energy Laboratory;

4 (I) $33,500,000 for fiscal year 2000 and

5 $35,000,000 for fiscal year 2001 for Geo6 thermal, of which $4,000,000 for fiscal year

7 2000 and $4,615,000 for fiscal year 2001 shall

8 be derived from amounts otherwise authorized

9 under this subsection, from savings resulting

10 from reductions in contractor travel pursuant to

11 section 10(d);

12 (J) $7,000,000 for fiscal year 2000 and

13 $7,210,000 for fiscal year 2001 for Hydro14 power;

15 (K) $41,303,000 for fiscal year 2000 and

16 $42,542,000 for fiscal year 2001 for Electric

17 Energy Systems and Storage; and

18 (L) $19,171,000 for fiscal year 2000 and

19 $19,746,130 for fiscal year 2001 for Program

20 Direction; and

21 (2) $115,742,000 for fiscal year 2000 and

22 $127,256,000 for fiscal year 2001 shall be for Nu23 clear Energy, including—
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1 (A) $37,000,000 for fiscal year 2000 and

2 $37,000,000 for fiscal year 2001 for Advanced

3 Radioisotope Power Systems;

4 (B) $6,070,000 for fiscal year 2000 and

5 $6,070,000 for fiscal year 2001 for Test Reac6 tor Area Landlord operation and maintenance;

7 (C) $1,430,000 for fiscal year 2000 and

8 $1,944,000 for fiscal year 2001 for construction

9 of Project 99–E–200, Test Reactor Area Elec10 tric Utility Upgrade, Idaho National Engineer11 ing and Environmental Laboratory;

12 (D) $1,500,000 for fiscal year 2000 and

13 $2,500,000 for fiscal year 2001 for construction

14 of Project 95–E–201, Test Reactor Area Fire

15 and Life Safety Improvements, Idaho National

16 Engineering and Environmental Laboratory;

17 (E) $13,500,000 for fiscal year 2000 and

18 $16,000,000 for fiscal year 2001 for University

19 Reactor Fuel Assistance and Support;

20 (F) $5,000,000 for fiscal year 2000 and

21 $7,500,000 for fiscal year 2001 for Nuclear

22 Energy Plant Optimization;

23 (G) $30,000,000 for fiscal year 2000 and

24 $35,000,000 for fiscal year 2001 for the Nu25 clear Energy Research Initiative; and
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1 (H) $21,242,000 for fiscal year 2000 and

2 $21,242,000 for fiscal year 2001 for Program

3 Direction.

4 (b) SCIENCE.—There are authorized to be appro5 priated to the Secretary for Science scientific and civilian

6 energy research, development, and demonstration oper7 ation and maintenance and construction programs,

8 projects, and activities for which specific sums are not au9 thorized under other authority of law $2,657,761,000 for

10 fiscal year 2000 and $2,691,465,000 for fiscal year 2001,

11 to remain available until expended, of which—

12 (1) $715,090,000 for fiscal year 2000 and

13 $753,110,000 for fiscal year 2001 shall be for High

14 Energy Physics, including—

15 (A) $235,190,000 for fiscal year 2000 and

16 $246,950,000 for fiscal year 2001 for High En17 ergy Physics Research and Technology;

18 (B) $451,200,000 for fiscal year 2000 and

19 $473,760,000 for fiscal year 2001 for High En20 ergy Physics Facility Operations;

21 (C) $2,000,000 for fiscal year 2000 and

22 $5,200,000 for fiscal year 2001 for construction

23 of Project 00–G–307, Research Office Building,

24 Stanford Linear Accelerator Center;
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1 (D) $4,700,000 for fiscal year 2000 and

2 $4,200,000 for fiscal year 2001 for construction

3 of Project 99–G–306, Wilson Hall Safety Im4 provements Project, Fermi National Accelerator

5 Laboratory; and

6 (E) $22,000,000 for fiscal year 2000 and

7 $23,000,000 for fiscal year 2001 for construc8 tion of Project 98–G–304, Neutrinos at the

9 Main Injector, Fermi National Accelerator Lab10 oratory;

11 (2) $357,714,000 for fiscal year 2000 and

12 $375,600,000 for fiscal year 2001 shall be for Nu13 clear Physics;

14 (3) $413,674,000 for fiscal year 2000 and

15 $434,357,000 for fiscal year 2001 shall be for Bio16 logical and Environmental Research;

17 (4) $698,800,000 for fiscal year 2000 and

18 $733,740,000 for fiscal year 2001 shall be for Basic

19 Energy Sciences, including—

20 (A) $405,390,000 for fiscal year 2000 and

21 $425,660,000 for fiscal year 2001 for Materials

22 Sciences Research and Facilities Operations;

23 (B) $217,179,000 for fiscal year 2000 and

24 $228,038,000 for fiscal year 2001 for Chemical

25 Sciences Research and Facilities Operations;
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1 (C) $18,820,000 for fiscal year 2000 and

2 $19,761,000 for fiscal year 2001 for Engineer3 ing Research;

4 (D) $26,056,000 for fiscal year 2000 and

5 $27,359,000 for fiscal year 2001 for Geo6 sciences Research; and

7 (E) $31,355,000 for fiscal year 2000 and

8 $32,923,000 for fiscal year 2001 for Energy

9 Biosciences;

10 (5) $31,474,000 for fiscal year 2000 and

11 $32,333,000 for fiscal year 2001 shall be for Com12 putational and Technology Research, including—

13 (A) $17,174,000 for fiscal year 2000 and

14 $18,033,000 for fiscal year 2001 for Mathe15 matical, Information, and Computational

16 Sciences; and

17 (B) $14,300,000 for fiscal year 2000 and

18 $14,300,000 for fiscal year 2001 for Labora19 tory Technology Research;

20 (6) $1,000,000 for fiscal year 2000 and

21 $1,000,000 for fiscal year 2001 shall be for Energy

22 Research Analysis;

23 (7) $22,309,000 for fiscal year 2000 and

24 $23,425,000 for fiscal year 2001 shall be for Multi25 program Energy Laboratories—Facility Support;
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1 (8) $250,000,000 for fiscal year 2000 and

2 $275,000,000 for fiscal year 2001 shall be for Fu3 sion Energy Sciences, including $13,600,000 for fis4 cal year 2000 and $19,400,000 for fiscal year 2001

5 for Tokamak Fusion Test Reactor Decontamination

6 and Decommissioning;

7 (9) $49,800,000 for fiscal year 2000 and

8 $49,800,000 for fiscal year 2001 shall be for Science

9 Program Direction;

10 (10) $17,900,000 for fiscal year 2000 and

11 $13,100,000 for fiscal year 2001 shall be for Spall12 ation Neutron Source research and development;

13 and

14 (11) $100,000,000 for fiscal year 2000 shall be

15 for construction of Project 99–E–334, Spallation

16 Neutron Source, Oak Ridge National Laboratory,

17 Oak Ridge, Tennessee.

18 (c) FOSSIL ENERGY RESEARCH AND DEVELOP19 MENT.—There are authorized to be appropriated to the

20 Secretary for Fossil Energy Research and Development ci21 vilian energy and scientific research, development, and

22 demonstration and related commercial application of en23 ergy technology operation and maintenance programs,

24 projects, and activities for which specific sums are not au25 thorized under other authority of law $397,564,000 for
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1 fiscal year 2000 and $427,102,000 for fiscal year 2001,

2 to remain available through the end of fiscal year 2002,

3 of which—

4 (1) $126,609,000 for fiscal year 2000 and

5 $126,614,000 for fiscal year 2001 shall be for Coal,

6 including—

7 (A) $5,250,000 for fiscal year 2000 and

8 $5,407,000 for fiscal year 2001 for Coal Prepa9 ration;

10 (B) $1,641,000 for fiscal year 2000 for

11 Direct Liquefaction;

12 (C) $6,659,000 for fiscal year 2000 and

13 $6,859,000 for fiscal year 2001 for Indirect

14 Liquefaction;

15 (D) $2,200,000 for fiscal year 2000 and

16 $2,310,000 for fiscal year 2001 for Advanced

17 Clean Fuels Research Advanced Research and

18 Environmental Technology;

19 (E) $3,000,000 for fiscal year 2000 for

20 Advanced Pulverized Coal-Fired Powerplant;

21 (F) $7,010,000 for fiscal year 2000 and

22 $7,220,000 for fiscal year 2001 for Indirect

23 Fired Cycle;
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1 (G) $38,661,000 for fiscal year 2000 and

2 $39,821,000 for fiscal year 2001 for High-Effi3 ciency-Integrated Gasification Combined Cycle;

4 (H) $15,077,000 for fiscal year 2000 and

5 $15,529,000 for fiscal year 2001 for High-Effi6 ciency Pressurized Fluidized Bed;

7 (I) $23,864,000 for fiscal year 2000 and

8 $25,057,000 for fiscal year 2001 for Advanced

9 Clean/Efficient Power Systems Advanced Re10 search and Environmental Technology; and

11 (J) $23,247,000 for fiscal year 2000 and

12 $24,410,000 for fiscal year 2001 for Advanced

13 Research and Technology Development;

14 (2) $50,574,000 for fiscal year 2000 and

15 $52,091,000 for fiscal year 2001 shall be for Oil

16 Technology, including—

17 (A) $31,720,000 for fiscal year 2000 and

18 $32,671,000 for fiscal year 2001 for Explo19 ration and Production Supporting Research;

20 (B) $8,034,000 for fiscal year 2000 and

21 $8,275,000 for fiscal year 2001 for Recovery

22 Field Demonstrations; and

23 (C) $10,820,000 for fiscal year 2000 and

24 $11,145,000 for fiscal year 2001 for Oil Tech25 nology Effective Environmental Protection;
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1 (3) $107,916,000 for fiscal year 2000 and

2 $108,831,000 for fiscal year 2001 shall be for Gas,

3 including—

4 (A) $14,932,000 for fiscal year 2000 and

5 $15,380,000 for fiscal year 2001 for Natural

6 Gas Research Exploration and Production;

7 (B) $1,030,000 for fiscal year 2000 and

8 $1,061,000 for fiscal year 2001 for Natural

9 Gas Research Delivery and Storage;

10 (C) $41,808,000 for fiscal year 2000 and

11 $41,808,000 for fiscal year 2001 for Natural

12 Gas Research Advanced Turbine Systems;

13 (D) $9,330,000 for fiscal year 2000 and

14 $9,610,000 for fiscal year 2001 for Natural

15 Gas Research Emerging Processing Technology

16 Applications;

17 (E) $3,108,000 for fiscal year 2000 and

18 $3,201,000 for fiscal year 2001 for Natural

19 Gas Effective Environmental Protection;

20 (F) $1,260,000 for fiscal year 2000 and

21 $1,323,000 for fiscal year 2001 for Fuel Cells

22 Advanced Research; and

23 (G) $36,449,000 for fiscal year 2000 and

24 $36,449,000 for fiscal year 2001 for Fuel Cells

25 Systems;
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1 (4) $71,114,000 for fiscal year 2000 and

2 $72,796,000 for fiscal year 2001 shall be for Pro3 gram Direction and Management Support,

4 including—

5 (A) $15,049,000 for fiscal year 2000 and

6 $15,049,000 for fiscal year 2001 for Head7 quarters Program Direction; and

8 (B) $56,065,000 for fiscal year 2000 and

9 $57,747,000 for fiscal year 2001 for Energy

10 Technology Center Program Direction;

11 (5) $2,000,000 for fiscal year 2000 and

12 $2,060,000 for fiscal year 2001 shall be for GP–F–

13 100, Plant and Capital Equipment, at Energy Tech14 nology Center sites;

15 (6) $7,148,000 for fiscal year 2000 and

16 $7,537,000 for fiscal year 2001 shall be for Cooper17 ative Research and Development;

18 (7) $2,173,000 for fiscal year 2000 and

19 $2,173,000 for fiscal year 2001 shall be for Fuels

20 Conversion, Natural Gas, and Electricity;

21 (8) $5,000,000 for fiscal year 2000 and

22 $5,000,000 for fiscal year 2001 shall be for Ad23 vanced Metallurgical Processes; and

24 (9) $25,000,000 for fiscal year 2000 and

25 $50,000,000 for fiscal year 2001 shall be for a Fos-
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1 sil Energy Science Initiative to be managed by the

2 Assistant Secretary for Fossil Energy in consulta3 tion with the Director of the Office of Science, for

4 grants to be competitively awarded and subject to

5 peer review for research relating to fossil energy.

6 The Secretary shall submit to the Committee on

7 Science and the Committee on Appropriations of the

8 House of Representatives, and to the Committee on

9 Energy and Natural Resources and the Committee

10 on Appropriations of the Senate, an annual report

11 on the activities of the Fossil Energy Science Initia12 tive, including a description of the process used to

13 award the funds and an explanation of how the re14 search relates to fossil energy.

15 (d) ENERGY CONSERVATION RESEARCH AND DEVEL16 OPMENT.—There are authorized to be appropriated to the

17 Secretary for Energy Conservation Research and Develop18 ment civilian energy and scientific research, development,

19 and demonstration and related application of energy tech20 nology operation and maintenance programs, projects, and

21 activities for which specific sums are not authorized under

22 other authority of law $577,915,000 for fiscal year 2000

23 and $619,502,480 for fiscal year 2001, to remain available

24 through the end of fiscal year 2002, of which—
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1 (1) $246,999,000 for fiscal year 2000 and

2 $254,409,000 for fiscal year 2001 shall be for the

3 Transportation Sector, including—

4 (A) $168,080,000 for fiscal year 2000 and

5 $173,122,400 for fiscal year 2001 for Vehicle

6 Technology Research and Development;

7 (B) $23,500,000 for fiscal year 2000 and

8 $24,205,000 for fiscal year 2001 for Fuels Uti9 lization Research and Development, of which

10 $2,500,000 for fiscal year 2000 and $2,750,000

11 for fiscal year 2001 shall be for biodiesel fuel

12 research and development;

13 (C) $7,000,000 for fiscal year 2000 and

14 $7,210,000 for fiscal year 2001 for Technology

15 Deployment;

16 (D) $38,599,000 for fiscal year 2000 and

17 $39,757,000 for fiscal year 2001 for Materials

18 Technology; and

19 (E) $9,820,000 for fiscal year 2000 and

20 $10,114,600 for fiscal year 2001 for Manage21 ment and Planning;

22 (2) $171,000,000 for fiscal year 2000 and

23 $176,130,000 for fiscal year 2001 shall be for the

24 Industry Sector, including—
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1 (A) $74,000,000 for fiscal year 2000 and

2 $76,220,000 for fiscal year 2001 for Industries

3 of the Future (Specific);

4 (B) $87,600,000 for fiscal year 2000 and

5 $90,228,000 for fiscal year 2001 for Industries

6 of the Future (Crosscutting); and

7 (C) $9,400,000 for fiscal year 2000 and

8 $9,682,000 for fiscal year 2001 for Manage9 ment and Planning;

10 (3) $92,116,000 for fiscal year 2000 and

11 $94,879,480 for fiscal year 2001 shall be for the

12 Building Technology, State and Community Sector

13 (nongrants), including—

14 (A) $62,018,000 for fiscal year 2000 and

15 $63,878,540 for fiscal year 2001 for Building

16 Research; and

17 (B) $30,098,000 for fiscal year 2000 and

18 $31,000,940 for fiscal year 2001 for Building

19 Technology Assistance (nongrants);

20 (4) $42,800,000 for fiscal year 2000 and

21 $44,084,000 for fiscal year 2001 shall be for Policy

22 and Management; and

23 (5) $25,000,000 for fiscal year 2000 and

24 $50,000,000 for fiscal year 2001 shall be for an En25 ergy Efficiency Science Initiative to be managed by
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1 the Assistant Secretary for Energy Efficiency and

2 Renewable Energy in consultation with the Director

3 of the Office of Science, for grants to be competi4 tively awarded and subject to peer review for re5 search relating to energy efficiency. The Secretary

6 shall submit to the Committee on Science and the

7 Committee on Appropriations of the House of Rep8 resentatives, and to the Committee on Energy and

9 Natural Resources and the Committee on Appropria10 tions of the Senate, an annual report on the activi11 ties of the Energy Efficiency Science Initiative, in12 cluding a description of the process used to award

13 the funds and an explanation of how the research re14 lates to energy efficiency.

15 (e) ADDITIONAL AUTHORIZATION.—The Secretary

16 shall designate $2,000,000 of the amounts authorized by

17 this section for each fiscal year for biometric technology

18 security, including Iris Recognition Technology.

19 SEC. 4. GAS HYDRATE ENERGY AND SCIENTIFIC AND ENVI20 RONMENTAL RESEARCH AND DEVELOPMENT

21 PROGRAM.

22 (a) IN GENERAL.—Not later than 180 days after the

23 date of enactment of this Act, the Secretary, acting

24 through the Assistant Secretary for Fossil Energy, shall
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1 commence a program of gas hydrate energy and scientific

2 and environmental research and development.

3 (b) GRANTS, CONTRACTS, COOPERATIVE AGREE4 MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS,

5 AND FIELD WORK PROPOSALS.—

6 (1) ASSISTANCE.—The Secretary, acting

7 through the Assistant Secretary for Fossil Energy,

8 may award grants or contracts to, or enter into co9 operative agreements with, institutions of higher

10 education and industrial enterprises to conduct en11 ergy and scientific and environmental research, de12 velopment, and demonstration programs on gas hy13 drate.

14 (2) PEER REVIEW.—Funds made available

15 under paragraph (1) for initiating contracts, grants,

16 cooperative agreements, interagency funds transfer

17 agreements, and field work proposals shall be made

18 available based on a competitive selection process

19 and a peer review of proposals. Exceptions shall be

20 considered on a case-by-case basis, and reported by

21 the Secretary, acting through the Assistant Sec22 retary for Fossil Energy, to the Committee on

23 Science of the House of Representatives and the

24 Committee on Energy and Natural Resources of the

25 Senate 30 days prior to any such award.
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1 (c) CONSULTATION.—The Secretary, acting through

2 the Assistant Secretary for Fossil Energy, may establish

3 an advisory panel consisting of experts from industry, in4 stitutions of higher education, and other entities as the

5 Secretary considers appropriate, to assist in developing

6 recommendations and priorities for the gas hydrate re7 search and development program carried out under sub8 section (a).

9 (d) LIMITATIONS.—

10 (1) ADMINISTRATIVE EXPENSES.—Not more

11 than 5 percent of the amount made available to

12 carry out this section for a fiscal year may be used

13 by the Secretary, acting through the Assistant Sec14 retary for Fossil Energy, for expenses associated

15 with the administration of the program carried out

16 under subsection (a).

17 (2) CONSTRUCTION COSTS.—None of the funds

18 made available to carry out this section may be used

19 for the construction of a new building or the acquisi20 tion, expansion, remodeling, or alteration of an exist21 ing building (including site grading and improve22 ment and architect fees).

23 (e) DEFINITIONS.—For purposes of this section:
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1 (1) CONTRACT.—The term ‘‘contract’’ means a

2 procurement contract within the meaning of section

3 6303 of title 31, United States Code.

4 (2) COOPERATIVE AGREEMENT.—The term ‘‘co5 operative agreement’’ means a cooperative agree6 ment within the meaning of section 6305 of title 31,

7 United States Code.

8 (3) GRANT.—The term ‘‘grant’’ means a grant

9 awarded under a grant agreement, within the mean10 ing of section 6304 of title 31, United States Code.

11 (4) INSTITUTION OF HIGHER EDUCATION.—The

12 term ‘‘institution of higher education’’ means an in13 stitution of higher education, within the meaning of

14 section 1201(a) of the Higher Education Act of

15 1965 (20 U.S.C. 1141(a)).

16 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the

17 amounts authorized under section 3(c)(3), $5,000,000 for

18 fiscal year 2000 and $7,500,000 for fiscal year 2001 shall

19 be available for carrying out this section.

20 SEC. 5. NOTICE.

21 (a) REPROGRAMMING.—The Secretary may use for

22 any authorized activities of the Department under this

23 Act—

24 (1) up to the lesser of $250,000 or 5 percent

25 of the total funding for a fiscal year of a civilian en-
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1 ergy or scientific research, development, or dem2 onstration or related commercial application of en3 ergy technology program, project, or activity of the

4 Department; or

5 (2) after the expiration of 60 days after trans6 mitting to the Committee on Science and the Com7 mittee on Appropriations of the House of Represent8 atives, and to the Committee on Energy and Natural

9 Resources and the Committee on Appropriations of

10 the Senate, a report described in subsection (b), up

11 to 25 percent of the total funding for a fiscal year

12 of a civilian energy or scientific research, develop13 ment, or demonstration or related commercial appli14 cation of energy technology program, project, or ac15 tivity of the Department.

16 (b) REPORT.—(1) The report referred to in sub17 section (a)(2) is a report containing a full and complete

18 statement of the action proposed to be taken and the facts

19 and circumstances relied upon in support of such proposed

20 action.

21 (2) In the computation of the 60-day period under

22 subsection (a)(2), there shall be excluded any day on

23 which either House of Congress is not in session because

24 of an adjournment of more than 3 days to a day certain.
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1 (c) LIMITATIONS.—In no event may funds be used

2 pursuant to subsection (a) for a program, project, or activ3 ity for which funding has been requested to the Congress

4 but which has not been funded by the Congress.

5 (d) NOTICE OF REORGANIZATION.—The Secretary

6 shall provide notice to the Committee on Science and the

7 Committee on Appropriations of the House of Representa8 tives, and to the Committee on Energy and Natural Re9 sources and the Committee on Appropriations of the Sen10 ate, not later than 15 days before any major reorganiza11 tion of any civilian energy or scientific research, develop12 ment, or demonstration or related commercial application

13 of energy technology program, project, or activity of the

14 Department.

15 (e) COPY OF REPORTS.—The Secretary shall provide

16 copies to the Committee on Science and the Committee

17 on Appropriations of the House of Representatives, and

18 to the Committee on Energy and Natural Resources and

19 the Committee on Appropriations of the Senate, of any

20 report relating to the civilian energy or scientific research,

21 development, or demonstration or related commercial ap22 plication of energy technology programs, projects, and ac23 tivities of the Department prepared at the direction of any

24 committee of Congress.
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1 SEC. 6. LIMITATION ON DEMONSTRATIONS.

2 (a) IN GENERAL.—The Department shall provide

3 funding for civilian energy or scientific or related commer4 cial application of energy technology demonstration pro5 grams, projects, and activities only for technologies or

6 processes that can be reasonably expected to yield new,

7 measurable benefits to the cost, efficiency, or performance

8 of the technology or process.

9 (b) PARALLEX PROJECT.—The Secretary shall not,

10 as part of the test and demonstration Parallex Project,

11 select a route for the transportation of Mixed Oxide Fuel

12 from Los Alamos, New Mexico, to Chalk River, Canada,

13 without issuing a rule based on the record after an oppor14 tunity for agency hearing.

15 SEC. 7. LIMITS ON GENERAL PLANT PROJECTS.

16 If, at any time during the construction of a civilian

17 energy or scientific research, development, or demonstra18 tion or related commercial application of energy tech19 nology project of the Department for which no specific

20 funding level is provided by law, the estimated cost (in21 cluding any revision thereof) of the project exceeds

22 $2,000,000, the Secretary may not continue such con23 struction unless the Secretary has furnished a complete

24 report to the Committee on Science and the Committee

25 on Appropriations of the House of Representatives, and

26 to the Committee on Energy and Natural Resources and
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1 the Committee on Appropriations of the Senate, explain2 ing the project and the reasons for the estimate or revi3 sion.

4 SEC. 8. LIMITS ON CONSTRUCTION PROJECTS.

5 (a) LIMITATION.—Except as provided in subsection

6 (b), construction on a civilian energy or scientific research,

7 development, or demonstration or related commercial ap8 plication of energy technology project of the Department

9 for which funding has been specifically provided by law

10 may not be started, and additional obligations may not

11 be incurred in connection with the project above the au12 thorized funding amount, whenever the current estimated

13 cost of the construction project exceeds by more than 10

14 percent the higher of—

15 (1) the amount authorized for the project, if the

16 entire project has been funded by the Congress; or

17 (2) the amount of the total estimated cost for

18 the project as shown in the most recent budget jus19 tification data submitted to Congress.

20 (b) NOTICE.—An action described in subsection (a)

21 may be taken if—

22 (1) the Secretary has submitted to the Com23 mittee on Science and the Committee on Appropria24 tions of the House of Representatives, and to the

25 Committee on Energy and Natural Resources and
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1 the Committee on Appropriations of the Senate, a

2 report on the proposed actions and the cir3 cumstances making such actions necessary; and

4 (2) a period of 30 days has elapsed after the

5 date on which the report is received by the commit6 tees.

7 (c) EXCLUSION.—In the computation of the 30-day

8 period described in subsection (b)(2), there shall be ex9 cluded any day on which either House of Congress is not

10 in session because of an adjournment of more than 3 days

11 to a day certain.

12 (d) EXCEPTION.—Subsections (a) and (b) shall not

13 apply to any construction project which has a current esti14 mated cost of less than $2,000,000.

15 SEC. 9. AUTHORITY FOR CONCEPTUAL AND CONSTRUC16 TION DESIGN.

17 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

18 Subject to paragraph (2) and except as provided in para19 graph (3), before submitting to Congress a request for

20 funds for a construction project that is in support of a

21 civilian energy or scientific research, development, or dem22 onstration or related commercial application of energy

23 technology program, project, or activity of the Depart24 ment, the Secretary shall complete a conceptual design for

25 that project.
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1 (2) If the estimated cost of completing a conceptual

2 design for a construction project exceeds $750,000, the

3 Secretary shall submit to Congress a request for funds for

4 the conceptual design before submitting a request for

5 funds for the construction project.

6 (3) The requirement in paragraph (1) does not apply

7 to a request for funds for a construction project, the total

8 estimated cost of which is less than $2,000,000.

9 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

10 The Secretary may carry out construction design (includ11 ing architectural and engineering services) in connection

12 with any proposed construction project that is in support

13 of a civilian energy or scientific research, development,

14 and demonstration or related commercial application of

15 energy technology program, project, or activity of the De16 partment if the total estimated cost for such design does

17 not exceed $250,000.

18 (2) If the total estimated cost for construction design

19 in connection with any construction project described in

20 paragraph (1) exceeds $250,000, funds for such design

21 must be specifically authorized by law.

22 SEC. 10. LIMITS ON USE OF FUNDS.

23 (a) CONSTRUCTION OF SPALLATION NEUTRON

24 SOURCE PROJECT.—None of the funds authorized by sec25 tion 3(b)(11) may be obligated until—
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1 (1) the Secretary certifies in writing to the

2 Committee on Science of the House of Representa3 tives and the Committee on Energy and Natural Re4 sources of the Senate that senior project manage5 ment positions for the project have been filled by

6 qualified individuals; and

7 (2) the Secretary provides the Committee on

8 Science and the Committee on Appropriations of the

9 House of Representatives, and the Committee on

10 Energy and Natural Resources and the Committee

11 on Appropriations of the Senate, with—

12 (A) a cost baseline and project milestones

13 for each major construction and technical sys14 tem activity, consistent with the overall cost

15 and schedule submitted with the Department’s

16 fiscal year 2000 budget, that have been re17 viewed and certified by an independent entity,

18 outside the Department and having no financial

19 interest in the project, as the most cost-effective

20 way to complete the project;

21 (B) binding legal agreements that specify

22 the duties and obligations of each laboratory of

23 the Department in carrying out the project;

24 (C) a revised project management struc25 ture that integrates the staff of the collabo-
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1 rating laboratories working on the project

2 under a single project director, who shall have

3 direct supervisory responsibility over the car4 rying out of the duties and obligations de5 scribed in subparagraph (B); and

6 (D) official delegation by the Secretary of

7 primary authority with respect to the project to

8 the project director; and

9 (3) the Comptroller General reports to the Con10 gress, on the basis of available information, that the

11 tax reimbursements that the Comptroller General es12 timates the Department would pay to its contractors

13 as a cost of constructing the Spallation Neutron

14 Source at Oak Ridge National Laboratory in Ten15 nessee would be no more than the tax reimburse16 ments it would pay if the same project were con17 structed at the Lawrence Berkeley National Labora18 tory in California, the Argonne National Laboratory

19 in Illinois, the Los Alamos National Laboratory in

20 New Mexico, or the Brookhaven National Labora21 tory in New York.

22 The Secretary shall report on the Spallation Neutron

23 Source Project 99–E–334 annually, as part of the Depart24 ment’s annual budget submission, including a description

25 of the achievement of milestones, a comparison of actual
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1 costs to estimated costs, and any changes in estimated

2 project costs or schedule.

3 (b) INTERNATIONAL THERMONUCLEAR EXPERI4 MENTAL REACTOR (ITER) ENGINEERING DESIGN AC5 TIVITIES (EDA).—None of the funds authorized by this

6 Act may be used either directly or indirectly for United

7 States participation in International Thermonuclear Ex8 perimental Reactor (ITER) Engineering Design Activities

9 (EDA).

10 (c) OFFICE OF SCIENCE.—None of the funds author11 ized by this Act may be used either directly or indirectly

12 to fund the salary of an individual holding the position

13 of Director or Deputy Director of the Office of Science,

14 or Associate Director (except for the Office of Laboratory

15 Policy and the Office of Resource Management), or Direc16 tor, Office of Planning and Analysis within the Depart17 ment’s Office of Science unless such individual holds a

18 postgraduate degree in science or engineering.

19 (d) TRAVEL.—Not more than 1 percent of the funds

20 authorized by this Act may be used either directly or indi21 rectly to fund travel costs of the Department or travel

22 costs for persons awarded contracts or subcontracts by the

23 Department. As part of the Department’s annual budget

24 request submission to the Congress, the Secretary shall

25 submit a report to the Committee on Science and the
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1 Committee on Appropriations of the House of Representa2 tives, and to the Committee on Energy and Natural Re3 sources and the Committee on Appropriations of the Sen4 ate, that identifies—

5 (1) the estimated amount of travel costs by the

6 Department and for persons awarded contracts or

7 subcontracts by the Department for the fiscal year

8 of such budget submission, as well as for the 2 pre9 vious fiscal years;

10 (2) the major purposes for such travel; and

11 (3) the sources of funds for such travel.

12 (e) TRADE ASSOCIATIONS.—No funds authorized by

13 this Act may be used either directly or indirectly to fund

14 a grant, contract, subcontract, or any other form of finan15 cial assistance awarded by the Department to a trade as16 sociation on a noncompetitive basis. As part of the Depart17 ment’s annual budget request submission to the Congress,

18 the Secretary shall submit a report to the Committee on

19 Science and the Committee on Appropriations of the

20 House of Representatives, and to the Committee on En21 ergy and Natural Resources and the Committee on Appro22 priations of the Senate, that identifies—

23 (1) the estimated amount of funds provided by

24 the Department to trade associations, by trade asso-
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1 ciation, for the fiscal year of such budget submis2 sion, as well as for the 2 previous fiscal years;

3 (2) the services either provided or to be pro4 vided by each such trade association; and

5 (3) the sources of funds for services provided by

6 each such trade association.

7 (f) REDUCTIONS.—Notwithstanding any other provi8 sion of this Act—

9 (1) each of the amounts authorized by this Act

10 for fiscal year 2000 shall be reduced by 1 percent;

11 (2) each of the amounts authorized by this Act

12 for fiscal year 2000, as reduced pursuant to para13 graph (1), shall be further reduced by .7674 percent,

14 with such reduction representing a reduction in trav15 el costs; and

16 (3) each of the amounts authorized by this Act

17 for fiscal year 2000 for administrative expenses, in18 cluding program management, shall be further re19 duced proportionately to achieve additional savings

20 of $30,000,000.

21 SEC. 11. MANAGEMENT AND OPERATING CONTRACTS.

22 (a) COMPETITIVE PROCEDURE REQUIREMENT.—

23 None of the funds authorized to be appropriated by this

24 Act for civilian energy or scientific research, development,

25 and demonstration or related commercial application of
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1 energy technology programs, projects, and activities may

2 be used to award a management and operating contract

3 for a federally owned or operated civilian energy labora4 tory of the Department unless such contract is awarded

5 using competitive procedures or the Secretary grants, on

6 a case-by-case basis, a waiver to allow for such a deviation.

7 The Secretary may not delegate the authority to grant

8 such a waiver.

9 (b) CONGRESSIONAL NOTICE.—At least 60 days be10 fore a contract award, amendment, or modification for

11 which the Secretary intends to grant such a waiver, the

12 Secretary shall submit to the Committee on Science and

13 the Committee on Appropriations of the House of Rep14 resentatives, and to the Committee on Energy and Nat15 ural Resources and the Committee on Appropriations of

16 the Senate, a report notifying the committees of the waiver

17 and setting forth the reasons for the waiver.

18 SEC. 12. FEDERAL ACQUISITION REGULATION.

19 (a) REQUIREMENT.—None of the funds authorized to

20 be appropriated by this Act for civilian energy or scientific

21 research, development, and demonstration or related com22 mercial application of energy technology programs,

23 projects, and activities may be used to award, amend, or

24 modify a contract of the Department in a manner that

25 deviates from the Federal Acquisition Regulation, unless
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1 the Secretary grants, on a case-by-case basis, a waiver to

2 allow for such a deviation. The Secretary may not delegate

3 the authority to grant such a waiver.

4 (b) CONGRESSIONAL NOTICE.—At least 60 days be5 fore a contract award, amendment, or modification for

6 which the Secretary intends to grant such a waiver, the

7 Secretary shall submit to the Committee on Science and

8 the Committee on Appropriations of the House of Rep9 resentatives, and to the Committee on Energy and Nat10 ural Resources and the Committee on Appropriations of

11 the Senate, a report notifying the committees of the waiver

12 and setting forth the reasons for the waiver.

13 SEC. 13. REQUESTS FOR PROPOSALS.

14 None of the funds authorized to be appropriated by

15 this Act may be used by the Department to prepare or

16 initiate Requests for Proposals (RFPs) for a civilian en17 ergy or scientific research, development, and demonstra18 tion or related commercial application of energy tech19 nology program, project, or activity if the program,

20 project, or activity has not been specifically authorized by

21 Congress.

22 SEC. 14. PRODUCTION OR PROVISION OF ARTICLES OR

23 SERVICES.

24 None of the funds authorized to be appropriated by

25 this Act may be used by any civilian energy or scientific
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1 research, development, and demonstration or related com2 mercial application of energy technology program, project,

3 or activity of the Department to produce or provide arti4 cles or services for the purpose of selling the articles or

5 services to a person outside the Federal Government, un6 less the Secretary determines that comparable articles or

7 services are not available from a commercial source in the

8 United States.

9 SEC. 15. ELIGIBILITY FOR AWARDS.

10 (a) IN GENERAL.—The Secretary shall exclude from

11 consideration for grant agreements for civilian energy and

12 scientific research, development, and demonstration or re13 lated commercial application of energy technology pro14 grams, projects, and activities made by the Department

15 after fiscal year 1999 any person who received funds,

16 other than those described in subsection (b), appropriated

17 for a fiscal year after fiscal year 1999, under a grant

18 agreement from any Federal funding source for a pro19 gram, project, or activity that was not subjected to a com20 petitive, merit-based award process, except as specifically

21 authorized by this Act. Any exclusion from consideration

22 pursuant to this section shall be effective for a period of

23 5 years after the person receives such Federal funds.

24 (b) EXCEPTION.—Subsection (a) shall not apply to

25 the receipt of Federal funds by a person due to the mem-
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1 bership of that person in a class specified by law for which

2 assistance is awarded to members of the class according

3 to a formula provided by law or under circumstances per4 mitting other than full and open competition under the

5 Federal Acquisition Regulation.

6 (c) DEFINITION.—For purposes of this section, the

7 term ‘‘grant agreement’’ means a legal instrument whose

8 principal purpose is to transfer a thing of value to the

9 recipient to carry out a public purpose of support or stim10 ulation authorized by a law of the United States, and does

11 not include the acquisition (by purchase, lease, or barter)

12 of property or services for the direct benefit or use of the

13 United States Government. Such term does not include

14 a cooperative agreement (as such term is used in section

15 6305 of title 31, United States Code) or a cooperative re16 search and development agreement (as such term is de17 fined in section 12(d)(1) of the Stevenson-Wydler Tech18 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

19 SEC. 16. INTERNET AVAILABILITY OF INFORMATION.

20 The Secretary shall make available through the Inter21 net home page of the Department the abstracts relating

22 to all research grants and awards made with funds author23 ized by this Act. Nothing in this section shall be construed

24 to require or permit the release of any information prohib25 ited by law or regulation from being released to the public.
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1 SEC. 17. FOREIGN VISITORS PROGRAM.

2 (a) PROHIBITION.—Except as provided in subsection

3 (b) or (c), the Secretary may not admit to any classified

4 area of any federally owned or operated nonmilitary en5 ergy laboratory any individual who is a citizen of a nation

6 that is named on the Department of Energy List of Sen7 sitive Countries.

8 (b) WAIVER AUTHORITY.—(1) The Secretary may

9 waive the prohibition in subsection (a) on a case-by-case

10 basis with respect to individuals whose admission to a fed11 erally owned or operated nonmilitary energy laboratory is

12 determined by the Secretary to be necessary for the fur13 therance of civilian science interests of the United States.

14 (2) Not later than 30 days after granting a waiver

15 under paragraph (1), the Secretary shall transmit to the

16 Committee on Science of the House of Representatives

17 and the Committee on Energy and Natural Resources of

18 the Senate a report in writing providing notice of the waiv19 er. The report shall identify each individual for whom a

20 waiver is granted and, with respect to each such indi21 vidual, provide a detailed justification for the waiver and

22 the Secretary’s certification that the admission of that in23 dividual to a federally owned or operated nonmilitary en24 ergy laboratory is necessary for the furtherance of civilian

25 science interests of the United States.
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1 (3) The authority of the Secretary under paragraph

2 (1) may not be delegated.

3 (c) APPLICATION.—This section shall not apply to

4 the Ames Laboratory, the Environmental Measurement

5 Laboratory, the Ernest Orlando Lawrence Berkeley Na6 tional Laboratory, the Federal Energy Technology Center,

7 the Fermi National Accelerator Laboratory, the Lawrence

8 Livermore National Laboratory, the Los Alamos National

9 Laboratory, the National Renewable Energy Laboratory,

10 the Princeton Plasma Physics Laboratory, the Radio11 logical and Environmental Sciences Laboratory, the

12 Sandia National Laboratories, the Stanford Linear Accel13 erator Center, the Thomas Jefferson National Accelerator

14 Facility, or the Y–12 Plant.

15 SEC. 18. COMPLIANCE WITH BUY AMERICAN ACT.

16 No funds authorized pursuant to this Act may be ex17 pended by an entity unless the entity agrees that in ex18 pending the assistance the entity will comply with sections

19 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

20 10c, popularly known as the ‘‘Buy American Act’’).

21 SEC. 19. SENSE OF THE CONGRESS; REQUIREMENT RE22 GARDING NOTICE.

23 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

24 AND PRODUCTS.—In the case of any equipment or prod25 ucts that may be authorized to be purchased with financial
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1 assistance provided under this Act, it is the sense of the

2 Congress that entities receiving such assistance should, in

3 expending the assistance, purchase only American-made

4 equipment and products.

5 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

6 providing financial assistance under this Act, the Sec7 retary shall provide to each recipient of the assistance a

8 notice describing the statement made in subsection (a) by

9 the Congress.

10 SEC. 20. PROHIBITION OF CONTRACTS.

11 If it has been finally determined by a court or Federal

12 agency that any person intentionally affixed a label bear13 ing a ‘‘Made in America’’ inscription, or any inscription

14 with the same meaning, to any product sold in or shipped

15 to the United States that is not made in the United

16 States, such person shall be ineligible to receive any con17 tract or subcontract made with funds provided pursuant

18 to this Act, pursuant to the debarment, suspension, and

19 ineligibility procedures described in section 9.400 through

20 9.409 of title 48, Code of Federal Regulations.

21 SEC. 21. NUCLEAR WASTE TRANSMUTATION RESEARCH

22 AND DEVELOPMENT PROGRAM.

23 (a) IN GENERAL.—Not later than 180 days after the

24 date of enactment of this Act, the Secretary shall com25 mence a program of research and development on the
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1 technology necessary to achieve onsite transmutation of

2 nuclear waste into nonradioactive substances.

3 (b) GRANTS, CONTRACTS, COOPERATIVE AGREE4 MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS,

5 AND FIELD WORK PROPOSALS.—

6 (1) ASSISTANCE.—The Secretary may award

7 grants or contracts to, or enter into cooperative

8 agreements with, institutions of higher education

9 and industrial enterprises to conduct a research, de10 velopment, and demonstration program on the tech11 nology necessary to achieve onsite transmutation of

12 nuclear waste into nonradioactive substances in a

13 manner consistent with United States environmental

14 and nonproliferation policy. The Secretary shall not

15 support a technology under this section that involves

16 the isolation of plutonium or uranium.

17 (2) PEER REVIEW.—Funds made available

18 under paragraph (1) for initiating contracts, grants,

19 cooperative agreements, interagency funds transfer

20 agreements, and field work proposals shall be made

21 available based on a competitive selection process

22 and a peer review of proposals. Exceptions shall be

23 considered on a case-by-case basis, and reported by

24 the Secretary to the Committee on Science of the

25 House of Representatives and the Committee on En-
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1 ergy and Natural Resources of the Senate 30 days

2 prior to any such award.

3 (c) CONSULTATION.—The Secretary may establish an

4 advisory panel consisting of experts from industry, institu5 tions of higher education, and other entities as the Sec6 retary considers appropriate, to assist in developing rec7 ommendations and priorities for the research, develop8 ment, and demonstration program carried out under sub9 section (a).

10 (d) LIMITATIONS.—

11 (1) ADMINISTRATIVE EXPENSES.—Not more

12 than 5 percent of the amount made available to

13 carry out this section for a fiscal year may be used

14 by the Secretary for expenses associated with the ad15 ministration of the program carried out under sub16 section (a).

17 (2) CONSTRUCTION COSTS.—None of the funds

18 made available to carry out this section may be used

19 for the construction of a new building or the acquisi20 tion, expansion, remodeling, or alteration of an exist21 ing building (including site grading and improve22 ment and architect fees).

23 (e) DEFINITIONS.—For purposes of this section:
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1 (1) CONTRACT.—The term ‘‘contract’’ means a

2 procurement contract within the meaning of section

3 6303 of title 31, United States Code.

4 (2) COOPERATIVE AGREEMENT.—The term ‘‘co5 operative agreement’’ means a cooperative agree6 ment within the meaning of section 6305 of title 31,

7 United States Code.

8 (3) GRANT.—The term ‘‘grant’’ means a grant

9 awarded under a grant agreement, within the mean10 ing of section 6304 of title 31, United States Code.

11 (4) INSTITUTION OF HIGHER EDUCATION.—The

12 term ‘‘institution of higher education’’ means an in13 stitution of higher education, within the meaning of

14 section 1201(a) of the Higher Education Act of

15 1965 (20 U.S.C. 1141(a)).

16 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the

17 amounts authorized under section 3(a)(2)(G), $2,000,000

18 for fiscal year 2000 and $4,000,000 for fiscal year 2001

19 shall be available for carrying out this section.

20 SEC. 22. MINORITY RECRUITMENT AND EMPLOYMENT.

21 It is the sense of the Congress that the Department

22 should increase its efforts to recruit and employ qualified
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1 minorities for carrying out the research and development

2 functions of the Department.

Passed the House of Representatives September 15,

1999.

Attest: JEFF TRANDAHL,

Clerk.