I

106TH CONGRESS

1ST SESSION H. R. 1655

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1999

Mr. CALVERT introduced the following bill; which was referred to the

Committee on Science

A BILL

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.

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’’.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act, the term—

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

4 Energy; and

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

6 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

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

8 appropriated to the Secretary for Energy Supply civilian

9 energy and scientific research, development, and dem10 onstration and related commercial application of energy

11 technology operation and maintenance and construction

12 programs, projects, and activities for which specific sums

13 are not authorized under other authority of law

14 $546,178,000 for fiscal year 2000 and $566,744,000 for

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

16 fiscal year 2002, of which—

17 (1) $316,624,000 for fiscal year 2000 and

18 $325,321,000 for fiscal year 2001 shall be for Solar

19 and Renewable Resources Technologies, including—

20 (A) $3,708,000 for fiscal year 2000 and

21 $3,819,000 for fiscal year 2001 for Solar Build22 ing Technology Research;

23 (B) $83,345,000 for fiscal year 2000 and

24 $85,845,000 for fiscal year 2001 for Photo25 voltaic Energy Systems;
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1 (C) $17,510,000 for fiscal year 2000 and

2 $18,035,000 for fiscal year 2001 for Concen3 trating Solar Power;

4 (D) $75,396,000 for fiscal year 2000 and

5 $77,658,000 for fiscal year 2001 for Biopower/

6 Biofuels Energy Systems;

7 (E) $35,814,000 for fiscal year 2000 and

8 $36,889,000 for fiscal year 2001 for Wind En9 ergy Systems;

10 (F) $1,500,000 for fiscal year 2000 and

11 $1,500,000 for fiscal year 2001 for the Renew12 able Energy Production Incentive Program;

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

14 $6,000,000 for fiscal year 2001 for the Inter15 national Solar Energy Program;

16 (H) $1,100,000 for fiscal year 2000 and

17 $1,100,000 for fiscal year 2001 for the Na18 tional Renewable Energy Laboratory;

19 (I) $29,500,000 for fiscal year 2000 and

20 $30,385,000 for fiscal year 2001 for Geo21 thermal;

22 (J) $3,348,000 for fiscal year 2000 and

23 $3,448,000 for fiscal year 2001 for Hydro24 power;
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1 (K) $41,303,000 for fiscal year 2000 and

2 $42,542,000 for fiscal year 2001 for Electric

3 Energy Systems and Storage; and

4 (L) $18,100,000 for fiscal year 2000 and

5 $18,100,000 for fiscal year 2001 for Program

6 Direction;

7 (2) $115,742,000 for fiscal year 2000 and

8 $127,256,000 for fiscal year 2001 shall be for Nu9 clear Energy, including—

10 (A) $37,000,000 for fiscal year 2000 and

11 $37,000,000 for fiscal year 2001 for Advanced

12 Radioisotope Power Systems;

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

14 $6,070,000 for fiscal year 2001 for Test Reac15 tor Area Landlord operation and maintenance;

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

17 $1,944,000 for fiscal year 2001 for construction

18 of Project 99–E–200, Test Reactor Area Elec19 tric Utility Upgrade, Idaho National Engineer20 ing and Environmental Laboratory;

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

22 $2,500,000 for fiscal year 2001 for construction

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

24 and Life Safety Improvements, Idaho National

25 Engineering and Environmental Laboratory;
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1 (E) $13,500,000 for fiscal year 2000 and

2 $16,000,000 for fiscal year 2001 for University

3 Reactor Fuel Assistance and Support;

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

5 $7,500,000 for fiscal year 2001 for Nuclear

6 Energy Plant Optimization;

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

8 $35,000,000 for fiscal year 2001 for the Nu9 clear Energy Research Initiative; and

10 (H) $21,242,000 for fiscal year 2000 and

11 $21,242,000 for fiscal year 2001 for Program

12 Direction;

13 (3) $102,000,000 for fiscal year 2000 and

14 $102,000,000 for fiscal year 2001 shall be for Field

15 Operations; and

16 (4) $11,812,000 for fiscal year 2000 and

17 $12,166,000 for fiscal year 2001 shall be for Oak

18 Ridge Landlord.

19 (b) SCIENCE.—There are authorized to be appro20 priated to the Secretary for Science scientific and civilian

21 energy research, development, and demonstration oper22 ation and maintenance and construction programs,

23 projects, and activities for which specific sums are not au24 thorized under other authority of law $2,557,761,000 for
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1 fiscal year 2000 and $2,691,465,000 for fiscal year 2001,

2 to remain available until expended, of which—

3 (1) $715,090,000 for fiscal year 2000 and

4 $753,110,000 for fiscal year 2001 shall be for High

5 Energy Physics, including—

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

7 $246,950,000 for fiscal year 2001 for High En8 ergy Physics Research and Technology;

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

10 $473,760,000 for fiscal year 2001 for High En11 ergy Physics Facility Operations;

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

13 $5,200,000 for fiscal year 2001 for construction

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

15 Stanford Linear Accelerator Center;

16 (D) $4,700,000 for fiscal year 2000 and

17 $4,200,000 for fiscal year 2001 for construction

18 of Project 99–G–306, Wilson Hall Safety Im19 provements Project, Fermi National Accelerator

20 Laboratory; and

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

22 $23,000,000 for fiscal year 2001 for construc23 tion of Project 98–G–304, Neutrinos at the

24 Main Injector, Fermi National Accelerator Lab25 oratory;
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1 (2) $357,714,000 for fiscal year 2000 and

2 $375,600,000 for fiscal year 2001 shall be for Nu3 clear Physics;

4 (3) $413,674,000 for fiscal year 2000 and

5 $434,357,000 for fiscal year 2001 shall be for Bio6 logical and Environmental Research;

7 (4) $698,800,000 for fiscal year 2000 and

8 $733,740,000 for fiscal year 2001 shall be for Basic

9 Energy Sciences, including—

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

11 $425,660,000 for fiscal year 2001 for Materials

12 Sciences Research and Facilities Operations;

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

14 $228,038,000 for fiscal year 2001 for Chemical

15 Sciences Research and Facilities Operations;

16 (C) $18,820,000 for fiscal year 2000 and

17 $19,761,000 for fiscal year 2001 for Engineer18 ing Research;

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

20 $27,359,000 for fiscal year 2001 for Geo21 sciences Research; and

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

23 $32,923,000 for fiscal year 2001 for Energy

24 Biosciences;
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1 (5) $31,474,000 for fiscal year 2000 and

2 $32,333,000 for fiscal year 2001 shall be for Com3 putational and Technology Research, including—

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

5 $18,033,000 for fiscal year 2001 for Mathe6 matical, Information, and Computational

7 Sciences; and

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

9 $14,300,000 for fiscal year 2001 for Labora10 tory Technology Research;

11 (6) $1,000,000 for fiscal year 2000 and

12 $1,000,000 for fiscal year 2001 shall be for Energy

13 Research Analysis;

14 (7) $22,323,000 for fiscal year 2000 and

15 $23,439,000 for fiscal year 2001 shall be for Multi16 program Energy Laboratories—Facility Support;

17 (8) $250,000,000 for fiscal year 2000 and

18 $275,000,000 for fiscal year 2001 shall be for Fu19 sion Energy Sciences, including $13,600,000 for fis20 cal year 2000 and $19,400,000 for fiscal year 2001

21 for Tokamak Fusion Test Reactor Decontamination

22 and Decommissioning;

23 (9) $49,800,000 for fiscal year 2000 and

24 $49,800,000 for fiscal year 2001 shall be for Science

25 Program Direction; and
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1 (10) $17,900,000 for fiscal year 2000 and

2 $13,100,000 for fiscal year 2001 shall be for Spall3 ation Neutron Source research and development.

4 (c) FOSSIL ENERGY RESEARCH AND DEVELOP5 MENT.—There are authorized to be appropriated to the

6 Secretary for Fossil Energy Research and Development ci7 vilian energy and scientific research, development, and

8 demonstration and related commercial application of en9 ergy technology operation and maintenance programs,

10 projects, and activities for which specific sums are not au11 thorized under other authority of law $397,564,000 for

12 fiscal year 2000 and $427,102,000 for fiscal year 2001,

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

14 of which—

15 (1) $126,609,000 for fiscal year 2000 and

16 $126,614,000 for fiscal year 2001 shall be for Coal,

17 including—

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

19 $5,407,000 for fiscal year 2001 for Coal Prepa20 ration;

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

22 Direct Liquefaction;

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

24 $6,859,000 for fiscal year 2001 for Indirect

25 Liquefaction;
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1 (D) $2,200,000 for fiscal year 2000 and

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

3 Clean Fuels Research Advanced Research and

4 Environmental Technology;

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

6 Advanced Pulverized Coal-Fired Powerplant;

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

8 $7,220,000 for fiscal year 2001 for Indirect

9 Fired Cycle;

10 (G) $38,661,000 for fiscal year 2000 and

11 $39,821,000 for fiscal year 2001 for High-Effi12 ciency-Integrated Gasification Combined Cycle;

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

14 $15,529,000 for fiscal year 2001 for High-Effi15 ciency Pressurized Fluidized Bed;

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

17 $25,057,000 for fiscal year 2001 for Advanced

18 Clean/Efficient Power Systems Advanced Re19 search and Environmental Technology; and

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

21 $24,410,000 for fiscal year 2001 for Advanced

22 Research and Technology Development;

23 (2) $50,574,000 for fiscal year 2000 and

24 $52,091,000 for fiscal year 2001 shall be for Oil

25 Technology, including—
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1 (A) $31,720,000 for fiscal year 2000 and

2 $32,671,000 for fiscal year 2001 for Explo3 ration and Production Supporting Research;

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

5 $8,275,000 for fiscal year 2001 for Recovery

6 Field Demonstrations; and

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

8 $11,145,000 for fiscal year 2001 for Oil Tech9 nology Effective Environmental Protection;

10 (3) $107,916,000 for fiscal year 2000 and

11 $108,831,000 for fiscal year 2001 shall be for Gas,

12 including—

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

14 $15,380,000 for fiscal year 2001 for Natural

15 Gas Research Exploration and Production;

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

17 $1,061,000 for fiscal year 2001 for Natural

18 Gas Research Delivery and Storage;

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

20 $41,808,000 for fiscal year 2001 for Natural

21 Gas Research Advanced Turbine Systems;

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

23 $9,610,000 for fiscal year 2001 for Natural

24 Gas Research Emerging Processing Technology

25 Applications;
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1 (E) $3,108,000 for fiscal year 2000 and

2 $3,201,000 for fiscal year 2001 for Natural

3 Gas Effective Environmental Protection;

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

5 $1,323,000 for fiscal year 2001 for Fuel Cells

6 Advanced Research; and

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

8 $36,449,000 for fiscal year 2001 for Fuel Cells

9 Systems;

10 (4) $71,114,000 for fiscal year 2000 and

11 $72,796,000 for fiscal year 2001 shall be for Pro12 gram Direction and Management Support,

13 including—

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

15 $15,049,000 for fiscal year 2001 for Head16 quarters Program Direction; and

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

18 $57,747,000 for fiscal year 2001 for Energy

19 Technology Center Program Direction;

20 (5) $2,000,000 for fiscal year 2000 and

21 $2,060,000 for fiscal year 2001 shall be for GP–F–

22 100, Plant and Capital Equipment, at Energy Tech23 nology Center sites;
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1 (6) $7,148,000 for fiscal year 2000 and

2 $7,537,000 for fiscal year 2001 shall be for Cooper3 ative Research and Development;

4 (7) $2,173,000 for fiscal year 2000 and

5 $2,173,000 for fiscal year 2001 shall be for Fuels

6 Conversion, Natural Gas, and Electricity;

7 (8) $5,000,000 for fiscal year 2000 and

8 $5,000,000 for fiscal year 2001 shall be for Ad9 vanced Metallurgical Processes; and

10 (9) $25,000,000 for fiscal year 2000 and

11 $50,000,000 for fiscal year 2001 shall be for a Fos12 sil Energy Science Initiative to be managed by the

13 Assistant Secretary for Fossil Energy in consulta14 tion with the Director of the Office of Science, for

15 grants to be competitively awarded and subject to

16 peer review for research relating to fossil energy.

17 (d) ENERGY CONSERVATION RESEARCH AND DEVEL18 OPMENT.—There are authorized to be appropriated to the

19 Secretary for Energy Conservation Research and Develop20 ment civilian energy and scientific research, development,

21 and demonstration and related application of energy tech22 nology operation and maintenance programs, projects, and

23 activities for which specific sums are not authorized under

24 other authority of law $503,383,000 for fiscal year 2000
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1 and $540,797,000 for fiscal year 2001, to remain available

2 through the end of fiscal year 2002, of which—

3 (1) $204,935,000 for fiscal year 2000 and

4 $210,845,000 for fiscal year 2001 shall be for the

5 Transportation Sector, including—

6 (A) $129,714,000 for fiscal year 2000 and

7 $133,606,000 for fiscal year 2001 for Vehicle

8 Technology Research and Development;

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

10 $24,205,000 for fiscal year 2001 for Fuels Uti11 lization Research and Development;

12 (C) $5,196,000 for fiscal year 2000 and

13 $5,352,000 for fiscal year 2001 for Technology

14 Deployment;

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

16 $39,757,000 for fiscal year 2001 for Materials

17 Technology; and

18 (E) $7,925,000 for fiscal year 2000 and

19 $7,925,000 for fiscal year 2001 for Manage20 ment and Planning;

21 (2) $155,131,000 for fiscal year 2000 and

22 $159,534,000 for fiscal year 2001 shall be for the

23 Industry Sector, including—
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1 (A) $59,180,000 for fiscal year 2000 and

2 $60,955,000 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) $8,351,000 for fiscal year 2000 and

8 $8,351,000 for fiscal year 2001 for Manage9 ment and Planning;

10 (3) $83,185,000 for fiscal year 2000 and

11 $85,286,000 for fiscal year 2001 shall be for the

12 Building Technology, State and Community Sector

13 (nongrants), including—

14 (A) $55,870,000 for fiscal year 2000 and

15 $57,546,000 for fiscal year 2001 for Building

16 Research;

17 (B) $14,144,000 for fiscal year 2000 and

18 $14,568,000 for fiscal year 2001 for Building

19 Technology Assistance (nongrants); and

20 (C) $13,171,000 for fiscal year 2000 and

21 $13,171,000 for fiscal year 2001 for Manage22 ment and Planning;

23 (4) $35,132,000 for fiscal year 2000 and

24 $35,132,000 for fiscal year 2001 shall be for Policy

25 and Management; and
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1 (5) $25,000,000 for fiscal year 2000 and

2 $50,000,000 for fiscal year 2001 shall be for an En3 ergy Efficiency Science Initiative to be managed by

4 the Assistant Secretary for Energy Efficiency and

5 Renewable Energy in consultation with the Director

6 of the Office of Science, for grants to be competi7 tively awarded and subject to peer review for re8 search relating to energy efficiency.

9 SEC. 4. NOTICE.

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

11 any authorized activities of the Department under this

12 Act—

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

14 of the total funding for a fiscal year of a civilian en15 ergy or scientific research, development, or dem16 onstration or related commercial application of en17 ergy technology program, project, or activity of the

18 Department; or

19 (2) after the expiration of 60 days after trans20 mitting to the Committee on Science and the Com21 mittee on Appropriations of the House of Represent22 atives, and to the Committee on Energy and Natural

23 Resources and the Committee on Appropriations of

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

25 to 25 percent of the total funding for a fiscal year
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1 of a civilian energy or scientific research, develop2 ment, or demonstration or related commercial appli3 cation of energy technology program, project, or ac4 tivity of the Department.

5 (b) REPORT.—(1) The report referred to in sub6 section (a)(2) is a report containing a full and complete

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

8 and circumstances relied upon in support of such proposed

9 action.

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

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

12 which either House of Congress is not in session because

13 of an adjournment of more than 3 days to a day certain.

14 (c) LIMITATIONS.—In no event may funds be used

15 pursuant to subsection (a) for a program, project, or activ16 ity for which funding has been requested to the Congress

17 but which has not been funded by the Congress.

18 (d) NOTICE OF REORGANIZATION.—The Secretary

19 shall provide notice to the Committee on Science and the

20 Committee on Appropriations of the House of Representa21 tives, and to the Committee on Energy and Natural Re22 sources and the Committee on Appropriations of the Sen23 ate, not later than 15 days before any major reorganiza24 tion of any civilian energy or scientific research, develop25 ment, or demonstration or related commercial application
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1 of energy technology program, project, or activity of the

2 Department.

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

4 copies to the Committee on Science and the Committee

5 on Appropriations of the House of Representatives, and

6 to the Committee on Energy and Natural Resources and

7 the Committee on Appropriations of the Senate, of any

8 report relating to the civilian energy or scientific research,

9 development, or demonstration or related commercial ap10 plication of energy technology programs, projects, and ac11 tivities of the Department prepared at the direction of any

12 committee of Congress.

13 SEC. 5. LIMITATION ON DEMONSTRATIONS.

14 The Department of Energy shall provide funding for

15 civilian energy or scientific or related commercial applica16 tion of energy technology demonstration programs,

17 projects, and activities only for technologies or processes

18 that are substantially new, and not for incremental im19 provements to technologies or processes that exist in the

20 marketplace.

21 SEC. 6. LIMITS ON GENERAL PLANT PROJECTS.

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

23 energy or scientific research, development, or demonstra24 tion or related commercial application of energy tech25 nology project of the Department for which no specific
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1 funding level is provided by law, the estimated cost (in2 cluding any revision thereof) of the project exceeds

3 $500,000, the Secretary may not continue such construc4 tion unless the Secretary has furnished a complete report

5 to the Committee on Science and the Committee on Ap6 propriations of the House of Representatives, and to the

7 Committee on Energy and Natural Resources and the

8 Committee on Appropriations of the Senate, explaining

9 the project and the reasons for the estimate or revision.

10 SEC. 7. LIMITS ON CONSTRUCTION PROJECTS.

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

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

13 development, or demonstration or related commercial ap14 plication of energy technology project of the Department

15 for which funding has been specifically provided by law

16 may not be started, and additional obligations may not

17 be incurred in connection with the project above the au18 thorized funding amount, whenever the current estimated

19 cost of the construction project exceeds by more than 5

20 percent the higher of—

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

22 entire project has been funded by the Congress; or

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

24 the project as shown in the most recent budget jus25 tification data submitted to Congress.
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1 (b) NOTICE.—An action described in subsection (a)

2 may be taken if—

3 (1) the Secretary has submitted to the Com4 mittee on Science and the Committee on Appropria5 tions of the House of Representatives, and to the

6 Committee on Energy and Natural Resources and

7 the Committee on Appropriations of the Senate, a

8 report on the proposed actions and the cir9 cumstances making such actions necessary; and

10 (2) a period of 60 days has elapsed after the

11 date on which the report is received by the commit12 tees.

13 (c) EXCLUSION.—In the computation of the 60-day

14 period described in subsection (b)(2), there shall be ex15 cluded any day on which either House of Congress is not

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

17 to a day certain.

18 SEC. 8. AUTHORITY FOR CONCEPTUAL AND CONSTRUC19 TION DESIGN.

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

21 Subject to paragraph (2) and except as provided in para22 graph (3), before submitting to Congress a request for

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

24 civilian energy or scientific research, development, or dem25 onstration or related commercial application of energy
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1 technology program, project, or activity of the Depart2 ment, the Secretary shall complete a conceptual design for

3 that project.

4 (2) If the estimated cost of completing a conceptual

5 design for a construction project exceeds $500,000, the

6 Secretary shall submit to Congress a request for funds for

7 the conceptual design before submitting a request for

8 funds for the construction project.

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

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

11 estimated cost of which is less than $1,000,000.

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

13 The Secretary may carry out construction design (includ14 ing architectural and engineering services) in connection

15 with any proposed construction project that is in support

16 of a civilian energy or scientific research, development,

17 and demonstration or related commercial application of

18 energy technology program, project, or activity of the De19 partment if the total estimated cost for such design does

20 not exceed $100,000.

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

22 in connection with any construction project described in

23 paragraph (1) exceeds $100,000, funds for such design

24 must be specifically authorized by law.
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1 SEC. 9. LIMITS ON USE OF FUNDS.

2 (a) HIGH PERFORMANCE COMPUTING AND COMMU3 NICATIONS (HPCC) PROGRAM.—None of the funds au4 thorized by this Act may be used for the Department’s

5 High Performance Computing and Communications

6 (HPCC) Program.

7 (b) SCIENTIFIC SIMULATION INITIATIVE (SSI).—

8 None of the funds authorized by this Act may be used

9 for the Department’s Scientific Simulation Initiative

10 (SSI).

11 (c) CONSTRUCTION OF THE SPALLATION NEUTRON

12 SOURCE (SNS).—None of the funds authorized by this

13 Act may be used for the construction of the Project 99–

14 E–334, the Spallation Neutron Source (SNS) at Oak

15 Ridge National Laboratory.

16 (d) INTERNATIONAL THERMONUCLEAR EXPERI17 MENTAL REACTOR (ITER) ENGINEERING DESIGN AC18 TIVITIES (EDA).—None of the funds authorized by this

19 Act may be used either directly or indirectly for United

20 States participation in International Thermonuclear Ex21 perimental Reactor (ITER) Engineering Design Activities

22 (EDA).

23 (e) OFFICE OF SCIENCE.—None of the funds author24 ized by this Act may be used either directly or indirectly

25 to fund the salary of an individual holding the position

26 of Director or Deputy Director of the Office of Science,
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1 or Associate Director (except for the Office of Laboratory

2 Policy and the Office of Resource Management), or Direc3 tor, Office of Planning and Analysis within the Depart4 ment’s Office of Science unless such individual holds a

5 postgraduate degree in science or engineering.

6 (f) TRAVEL.—Not more than 1 percent of the funds

7 authorized by this Act may be used either directly or indi8 rectly to fund travel costs of the Department or travel

9 costs for persons awarded grants, contracts, subcontracts,

10 or any other form of financial assistance by the Depart11 ment. As part of the Department’s annual budget request

12 submission to the Congress, the Secretary shall submit a

13 report to the Committee on Science and the Committee

14 on Appropriations of the House of Representatives, and

15 to the Committee on Energy and Natural Resources and

16 the Committee on Appropriations of the Senate, that

17 identifies—

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

19 Department and for persons awarded grants, con20 tracts, subcontracts, or any other form of financial

21 assistance by the Department for the fiscal year of

22 such budget submission, as well as for the 2 pre23 vious fiscal years;

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

25 (3) the sources of funds for such travel.
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1 (g) TRADE ASSOCIATIONS.—No funds authorized by

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

3 a grant, contract, subcontract, or any other form of finan4 cial assistance awarded by the Department to a trade as5 sociation on a noncompetitive basis. As part of the Depart6 ment’s annual budget request submission to the Congress,

7 the Secretary shall submit a report to the Committee on

8 Science and the Committee on Appropriations of the

9 House of Representatives, and to the Committee on En10 ergy and Natural Resources and the Committee on Appro11 priations of the Senate, that identifies—

12 (1) the estimated amount of funds provided by

13 the Department to trade associations, by trade asso14 ciation, for the fiscal year of such budget submis15 sion, as well as for the 2 previous fiscal years;

16 (2) the services either provided or to be pro17 vided by each such trade association; and

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

19 each such trade association.

20 SEC. 10. MANAGEMENT AND OPERATING CONTRACTS.

21 (a) COMPETITIVE PROCEDURE REQUIREMENT.—

22 None of the funds authorized to be appropriated by this

23 Act for civilian energy or scientific research, development,

24 and demonstration or related commercial application of

25 energy technology programs, projects, and activities may
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1 be used to award a management and operating contract

2 for a federally owned or operated civilian energy labora3 tory of the Department unless such contract is awarded

4 using competitive procedures or the Secretary grants, on

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

6 The Secretary may not delegate the authority to grant

7 such a waiver.

8 (b) CONGRESSIONAL NOTICE.—At least 60 days be9 fore a contract award, amendment, or modification for

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

11 Secretary shall submit to the Committee on Science and

12 the Committee on Appropriations of the House of Rep13 resentatives, and to the Committee on Energy and Nat14 ural Resources and the Committee on Appropriations of

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

16 and setting forth the reasons for the waiver.

17 SEC. 11. FEDERAL ACQUISITION REGULATION.

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

19 be appropriated by this Act for civilian energy or scientific

20 research, development, and demonstration or related com21 mercial application of energy technology programs,

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

23 modify a contract of the Department in a manner that

24 deviates from the Federal Acquisition Regulation, unless

25 the Secretary grants, on a case-by-case basis, a waiver to
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1 allow for such a deviation. The Secretary may not delegate

2 the authority to grant such a waiver.

3 (b) CONGRESSIONAL NOTICE.—At least 60 days be4 fore a contract award, amendment, or modification for

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

6 Secretary shall submit to the Committee on Science and

7 the Committee on Appropriations of the House of Rep8 resentatives, and to the Committee on Energy and Nat9 ural Resources and the Committee on Appropriations of

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

11 and setting forth the reasons for the waiver.

12 SEC. 12. REQUESTS FOR PROPOSALS.

13 None of the funds authorized to be appropriated by

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

15 initiate Requests for Proposals (RFPs) for a civilian en16 ergy or scientific research, development, and demonstra17 tion or related commercial application of energy tech18 nology program, project, or activity if the program,

19 project, or activity has not been specifically authorized by

20 Congress.

21 SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR

22 SERVICES.

23 None of the funds authorized to be appropriated by

24 this Act may be used by any civilian energy or scientific

25 research, development, and demonstration or related com-
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1 mercial application of energy technology program, project,

2 or activity of the Department to produce or provide arti3 cles or services for the purpose of selling the articles or

4 services to a person outside the Federal Government, un5 less the Secretary determines that the articles or services

6 are not available from a commercial source in the United

7 States.

8 SEC. 14. ELIGIBILITY FOR AWARDS.

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

10 consideration for grant agreements for civilian energy and

11 scientific research, development, and demonstration or re12 lated commercial application of energy technology pro13 grams, projects, and activities made by the Department

14 after fiscal year 1999 any person who received funds,

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

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

17 agreement from any Federal funding source for a pro18 gram, project, or activity that was not subjected to a com19 petitive, merit-based award process, except as specifically

20 authorized by this Act. Any exclusion from consideration

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

22 5 years after the person receives such Federal funds.

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

24 the receipt of Federal funds by a person due to the mem25 bership of that person in a class specified by law for which
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1 assistance is awarded to members of the class according

2 to a formula provided by law.

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

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

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

6 recipient to carry out a public purpose of support or stim7 ulation authorized by a law of the United States, and does

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

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

10 United States Government. Such term does not include

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

12 6305 of title 31, United States Code) or a cooperative re13 search and development agreement (as such term is de14 fined in section 12(d)(1) of the Stevenson-Wydler Tech15 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

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