Union Calendar No. 140

106TH CONGRESS

1ST SESSION H. R. 1655

[Report No. 106–243]

A BILL

To authorize appropriations for fiscal years 2000

ment of Energy, and for other purposes.programs, projects, and activities of the Departlated commercial application of energy technologysearch, development, and demonstration and reand 2001 for the civilian energy and scientific reJULY 20, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,
IB

Union Calendar No. 140

106TH CONGRESS

1ST SESSION H. R. 1655

[Report No. 106–243]

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

JULY 20, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 3, 1999]

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.
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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 En10 ergy; and

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

12 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

13 (a) ENERGY SUPPLY.—There are authorized to be ap14 propriated to the Secretary for Energy Supply civilian en15 ergy and scientific research, development, and demonstra16 tion and related commercial application of energy tech17 nology operation and maintenance and construction pro18 grams, projects, and activities for which specific sums are

19 not authorized under other authority of law $432,366,000

20 for fiscal year 2000 and $452,577,000 for fiscal year 2001,

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

22 of which—

23 (1) $316,624,000 for fiscal year 2000 and

24 $325,321,000 for fiscal year 2001 shall be for Solar

25 and Renewable Resources Technologies, including—
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1 (A) $3,708,000 for fiscal year 2000 and

2 $3,819,000 for fiscal year 2001 for Solar Build3 ing Technology Research;

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

5 $85,845,000 for fiscal year 2001 for Photovoltaic

6 Energy Systems;

7 (C) $17,510,000 for fiscal year 2000 and

8 $18,035,000 for fiscal year 2001 for Concen9 trating Solar Power, of which $2,000,000 for fis10 cal year 2000 and $3,000,000 for fiscal year

11 2001 shall be for experimental beamed power

12 technology demonstrations;

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

14 $77,658,000 for fiscal year 2001 for Biopower/

15 Biofuels Energy Systems;

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

17 $36,889,000 for fiscal year 2001 for Wind En18 ergy Systems;

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

20 $1,500,000 for fiscal year 2001 for the Renewable

21 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) $1,100,000 for fiscal year 2000 and

2 $1,100,000 for fiscal year 2001 for the National

3 Renewable Energy Laboratory;

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

5 $35,000,000 for fiscal year 2001 for Geothermal,

6 of which $4,000,000 for fiscal year 2000 and

7 $4,615,000 for fiscal year 2001 shall be derived

8 from amounts otherwise authorized under this

9 subsection, from savings resulting from reduc10 tions in contractor travel pursuant to section

11 10(d);

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

13 $3,448,000 for fiscal year 2001 for Hydropower;

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

15 $42,542,000 for fiscal year 2001 for Electric En16 ergy Systems and Storage; and

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

18 $18,100,000 for fiscal year 2001 for Program Di19 rection; and

20 (2) $115,742,000 for fiscal year 2000 and

21 $127,256,000 for fiscal year 2001 shall be for Nuclear

22 Energy, including—

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

24 $37,000,000 for fiscal year 2001 for Advanced

25 Radioisotope Power Systems;
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1 (B) $6,070,000 for fiscal year 2000 and

2 $6,070,000 for fiscal year 2001 for Test Reactor

3 Area Landlord operation and maintenance;

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

5 $1,944,000 for fiscal year 2001 for construction

6 of Project 99–E–200, Test Reactor Area Electric

7 Utility Upgrade, Idaho National Engineering

8 and Environmental Laboratory;

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

10 $2,500,000 for fiscal year 2001 for construction

11 of Project 95–E–201, Test Reactor Area Fire and

12 Life Safety Improvements, Idaho National Engi13 neering and Environmental Laboratory;

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

15 $16,000,000 for fiscal year 2001 for University

16 Reactor Fuel Assistance and Support;

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

18 $7,500,000 for fiscal year 2001 for Nuclear En19 ergy Plant Optimization;

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

21 $35,000,000 for fiscal year 2001 for the Nuclear

22 Energy Research Initiative; and

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

24 $21,242,000 for fiscal year 2001 for Program Di25 rection.
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1 (b) SCIENCE.—There are authorized to be appro2 priated to the Secretary for Science scientific and civilian

3 energy research, development, and demonstration operation

4 and maintenance and construction programs, projects, and

5 activities for which specific sums are not authorized under

6 other authority of law $2,657,761,000 for fiscal year 2000

7 and $2,691,465,000 for fiscal year 2001, to remain avail8 able until expended, of which—

9 (1) $715,090,000 for fiscal year 2000 and

10 $753,110,000 for fiscal year 2001 shall be for High

11 Energy Physics, including—

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

13 $246,950,000 for fiscal year 2001 for High En14 ergy Physics Research and Technology;

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

16 $473,760,000 for fiscal year 2001 for High En17 ergy Physics Facility Operations;

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

19 $5,200,000 for fiscal year 2001 for construction

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

21 Stanford Linear Accelerator Center;

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

23 $4,200,000 for fiscal year 2001 for construction

24 of Project 99–G–306, Wilson Hall Safety Im-
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1 provements Project, Fermi National Accelerator

2 Laboratory; and

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

4 $23,000,000 for fiscal year 2001 for construction

5 of Project 98–G–304, Neutrinos at the Main In6 jector, Fermi National Accelerator Laboratory;

7 (2) $357,714,000 for fiscal year 2000 and

8 $375,600,000 for fiscal year 2001 shall be for Nuclear

9 Physics;

10 (3) $413,674,000 for fiscal year 2000 and

11 $434,357,000 for fiscal year 2001 shall be for Biologi12 cal and Environmental Research;

13 (4) $698,800,000 for fiscal year 2000 and

14 $733,740,000 for fiscal year 2001 shall be for Basic

15 Energy Sciences, including—

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

17 $425,660,000 for fiscal year 2001 for Materials

18 Sciences Research and Facilities Operations;

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

20 $228,038,000 for fiscal year 2001 for Chemical

21 Sciences Research and Facilities Operations;

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

23 $19,761,000 for fiscal year 2001 for Engineering

24 Research;
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1 (D) $26,056,000 for fiscal year 2000 and

2 $27,359,000 for fiscal year 2001 for Geosciences

3 Research; and

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

5 $32,923,000 for fiscal year 2001 for Energy Bio6 sciences;

7 (5) $31,474,000 for fiscal year 2000 and

8 $32,333,000 for fiscal year 2001 shall be for Com9 putational and Technology Research, including—

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

11 $18,033,000 for fiscal year 2001 for Mathe12 matical, Information, and Computational

13 Sciences; and

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

15 $14,300,000 for fiscal year 2001 for Laboratory

16 Technology Research;

17 (6) $1,000,000 for fiscal year 2000 and

18 $1,000,000 for fiscal year 2001 shall be for Energy

19 Research Analysis;

20 (7) $22,309,000 for fiscal year 2000 and

21 $23,425,000 for fiscal year 2001 shall be for Multipro22 gram Energy Laboratories—Facility Support;

23 (8) $250,000,000 for fiscal year 2000 and

24 $275,000,000 for fiscal year 2001 shall be for Fusion

25 Energy Sciences, including $13,600,000 for fiscal
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1 year 2000 and $19,400,000 for fiscal year 2001 for

2 Tokamak Fusion Test Reactor Decontamination and

3 Decommissioning;

4 (9) $49,800,000 for fiscal year 2000 and

5 $49,800,000 for fiscal year 2001 shall be for Science

6 Program Direction;

7 (10) $17,900,000 for fiscal year 2000 and

8 $13,100,000 for fiscal year 2001 shall be for Spall9 ation Neutron Source research and development; and

10 (11) $100,000,000 for fiscal year 2000 shall be

11 for construction of Project 99–E–334, Spallation Neu12 tron Source, Oak Ridge National Laboratory, Oak

13 Ridge, Tennessee.

14 (c) FOSSIL ENERGY RESEARCH AND DEVELOPMENT.—

15 There are authorized to be appropriated to the Secretary

16 for Fossil Energy Research and Development civilian en17 ergy and scientific research, development, and demonstra18 tion and related commercial application of energy tech19 nology operation and maintenance programs, projects, and

20 activities for which specific sums are not authorized under

21 other authority of law $397,564,000 for fiscal year 2000

22 and $427,102,000 for fiscal year 2001, to remain available

23 through the end of fiscal year 2002, of which—
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1 (1) $126,609,000 for fiscal year 2000 and

2 $126,614,000 for fiscal year 2001 shall be for Coal,

3 including—

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

5 $5,407,000 for fiscal year 2001 for Coal Prepa6 ration;

7 (B) $1,641,000 for fiscal year 2000 for Di8 rect Liquefaction;

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

10 $6,859,000 for fiscal year 2001 for Indirect Liq11 uefaction;

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

13 $2,310,000 for fiscal year 2001 for Advanced

14 Clean Fuels Research Advanced Research and

15 Environmental Technology;

16 (E) $3,000,000 for fiscal year 2000 for Ad17 vanced Pulverized Coal-Fired Powerplant;

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

19 $7,220,000 for fiscal year 2001 for Indirect

20 Fired Cycle;

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

22 $39,821,000 for fiscal year 2001 for High-Effi23 ciency-Integrated Gasification Combined Cycle;
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1 (H) $15,077,000 for fiscal year 2000 and

2 $15,529,000 for fiscal year 2001 for High-Effi3 ciency Pressurized Fluidized Bed;

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

5 $25,057,000 for fiscal year 2001 for Advanced

6 Clean/Efficient Power Systems Advanced Re7 search and Environmental Technology; and

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

9 $24,410,000 for fiscal year 2001 for Advanced

10 Research and Technology Development;

11 (2) $50,574,000 for fiscal year 2000 and

12 $52,091,000 for fiscal year 2001 shall be for Oil Tech13 nology, including—

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

15 $32,671,000 for fiscal year 2001 for Exploration

16 and Production Supporting Research;

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

18 $8,275,000 for fiscal year 2001 for Recovery

19 Field Demonstrations; and

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

21 $11,145,000 for fiscal year 2001 for Oil Tech22 nology Effective Environmental Protection;

23 (3) $107,916,000 for fiscal year 2000 and

24 $108,831,000 for fiscal year 2001 shall be for Gas,

25 including—
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1 (A) $14,932,000 for fiscal year 2000 and

2 $15,380,000 for fiscal year 2001 for Natural Gas

3 Research Exploration and Production;

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

5 $1,061,000 for fiscal year 2001 for Natural Gas

6 Research Delivery and Storage;

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

8 $41,808,000 for fiscal year 2001 for Natural Gas

9 Research Advanced Turbine Systems;

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

11 $9,610,000 for fiscal year 2001 for Natural Gas

12 Research Emerging Processing Technology Ap13 plications;

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

15 $3,201,000 for fiscal year 2001 for Natural Gas

16 Effective Environmental Protection;

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

18 $1,323,000 for fiscal year 2001 for Fuel Cells

19 Advanced Research; and

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

21 $36,449,000 for fiscal year 2001 for Fuel Cells

22 Systems;

23 (4) $71,114,000 for fiscal year 2000 and

24 $72,796,000 for fiscal year 2001 shall be for Program

25 Direction and Management Support, including—
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1 (A) $15,049,000 for fiscal year 2000 and

2 $15,049,000 for fiscal year 2001 for Head3 quarters Program Direction; and

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

5 $57,747,000 for fiscal year 2001 for Energy

6 Technology Center Program Direction;

7 (5) $2,000,000 for fiscal year 2000 and

8 $2,060,000 for fiscal year 2001 shall be for GP–F–

9 100, Plant and Capital Equipment, at Energy Tech10 nology Center sites;

11 (6) $7,148,000 for fiscal year 2000 and

12 $7,537,000 for fiscal year 2001 shall be for Coopera13 tive Research and Development;

14 (7) $2,173,000 for fiscal year 2000 and

15 $2,173,000 for fiscal year 2001 shall be for Fuels Con16 version, Natural Gas, and Electricity;

17 (8) $5,000,000 for fiscal year 2000 and

18 $5,000,000 for fiscal year 2001 shall be for Advanced

19 Metallurgical Processes; and

20 (9) $25,000,000 for fiscal year 2000 and

21 $50,000,000 for fiscal year 2001 shall be for a Fossil

22 Energy Science Initiative to be managed by the As23 sistant Secretary for Fossil Energy in consultation

24 with the Director of the Office of Science, for grants

25 to be competitively awarded and subject to peer re-
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1 view for research relating to fossil energy. The Sec2 retary shall submit to the Committee on Science and

3 the Committee on Appropriations of the House of

4 Representatives, and to the Committee on Energy and

5 Natural Resources and the Committee on Appropria6 tions of the Senate, an annual report on the activities

7 of the Fossil Energy Science Initiative, including a

8 description of the process used to award the funds and

9 an explanation of how the research relates to fossil en10 ergy.

11 (d) ENERGY CONSERVATION RESEARCH AND DEVEL12 OPMENT.—There are authorized to be appropriated to the

13 Secretary for Energy Conservation Research and Develop14 ment civilian energy and scientific research, development,

15 and demonstration and related application of energy tech16 nology operation and maintenance programs, projects, and

17 activities for which specific sums are not authorized under

18 other authority of law $490,212,000 for fiscal year 2000

19 and $527,626,000 for fiscal year 2001, to remain available

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

21 (1) $204,935,000 for fiscal year 2000 and

22 $210,845,000 for fiscal year 2001 shall be for the

23 Transportation Sector, including—
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1 (A) $129,714,000 for fiscal year 2000 and

2 $133,606,000 for fiscal year 2001 for Vehicle

3 Technology Research and Development;

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

5 $24,205,000 for fiscal year 2001 for Fuels Utili6 zation Research and Development, of which

7 $2,500,000 for fiscal year 2000 and $2,750,000

8 for fiscal year 2001 shall be for biodiesel fuel re9 search and development;

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

11 $5,352,000 for fiscal year 2001 for Technology

12 Deployment;

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

14 $39,757,000 for fiscal year 2001 for Materials

15 Technology; and

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

17 $7,925,000 for fiscal year 2001 for Management

18 and Planning;

19 (2) $155,131,000 for fiscal year 2000 and

20 $159,534,000 for fiscal year 2001 shall be for the In21 dustry Sector, including—

22 (A) $59,180,000 for fiscal year 2000 and

23 $60,955,000 for fiscal year 2001 for Industries of

24 the Future (Specific);
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1 (B) $87,600,000 for fiscal year 2000 and

2 $90,228,000 for fiscal year 2001 for Industries of

3 the Future (Crosscutting); and

4 (C) $8,351,000 for fiscal year 2000 and

5 $8,351,000 for fiscal year 2001 for Management

6 and Planning;

7 (3) $70,014,000 for fiscal year 2000 and

8 $72,115,000 for fiscal year 2001 shall be for the

9 Building Technology, State and Community Sector

10 (nongrants), including—

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

12 $57,546,000 for fiscal year 2001 for Building

13 Research; and

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

15 $14,568,000 for fiscal year 2001 for Building

16 Technology Assistance (nongrants);

17 (4) $35,132,000 for fiscal year 2000 and

18 $35,132,000 for fiscal year 2001 shall be for Policy

19 and Management; and

20 (5) $25,000,000 for fiscal year 2000 and

21 $50,000,000 for fiscal year 2001 shall be for an En22 ergy Efficiency Science Initiative to be managed by

23 the Assistant Secretary for Energy Efficiency and Re24 newable Energy in consultation with the Director of

25 the Office of Science, for grants to be competitively
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1 awarded and subject to peer review for research relat2 ing to energy efficiency. The Secretary shall submit to

3 the Committee on Science and the Committee on Ap4 propriations of the House of Representatives, and to

5 the Committee on Energy and Natural Resources and

6 the Committee on Appropriations of the Senate, an

7 annual report on the activities of the Energy Effi8 ciency Science Initiative, including a description of

9 the process used to award the funds and an expla10 nation of how the research relates to energy efficiency.

11 SEC. 4. GAS HYDRATE ENERGY AND SCIENTIFIC AND ENVI12 RONMENTAL RESEARCH AND DEVELOPMENT

13 PROGRAM.

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

15 date of enactment of this Act, the Secretary, acting through

16 the Assistant Secretary for Fossil Energy, shall commence

17 a program of gas hydrate energy and scientific and envi18 ronmental research and development.

19 (b) GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS,

20 INTERAGENCY FUNDS TRANSFER AGREEMENTS, AND FIELD

21 WORK PROPOSALS.—

22 (1) ASSISTANCE.—The Secretary, acting through

23 the Assistant Secretary for Fossil Energy, may award

24 grants or contracts to, or enter into cooperative agree25 ments with, institutions of higher education and in-
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1 dustrial enterprises to conduct energy and scientific

2 and environmental research, development, and dem3 onstration programs on gas hydrate.

4 (2) PEER REVIEW.—Funds made available under

5 paragraph (1) for initiating contracts, grants, cooper6 ative agreements, interagency funds transfer agree7 ments, and field work proposals shall be made avail8 able based on a competitive selection process and a

9 peer review of proposals. Exceptions shall be consid10 ered on a case-by-case basis, and reported by the Sec11 retary, acting through the Assistant Secretary for

12 Fossil Energy, to the Committee on Science of the

13 House of Representatives and the Committee on En14 ergy and Natural Resources of the Senate 30 days

15 prior to any such award.

16 (c) CONSULTATION.—The Secretary, acting through

17 the Assistant Secretary for Fossil Energy, may establish an

18 advisory panel consisting of experts from industry, institu19 tions of higher education, and other entities as the Secretary

20 considers appropriate, to assist in developing recommenda21 tions and priorities for the gas hydrate research and devel22 opment program carried out under subsection (a).

23 (d) LIMITATIONS.—

24 (1) ADMINISTRATIVE EXPENSES.—Not more than

25 5 percent of the amount made available to carry out
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1 this section for a fiscal year may be used by the Sec2 retary, acting through the Assistant Secretary for

3 Fossil Energy, for expenses associated with the ad4 ministration of the program carried out under sub5 section (a).

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

7 made available to carry out this section may be used

8 for the construction of a new building or the acquisi9 tion, expansion, remodeling, or alteration of an exist10 ing building (including site grading and improve11 ment and architect fees).

12 (e) DEFINITIONS.—For purposes of this section:

13 (1) CONTRACT.—The term ‘‘contract’’ means a

14 procurement contract within the meaning of section

15 6303 of title 31, United States Code.

16 (2) COOPERATIVE AGREEMENT.—The term ‘‘co17 operative agreement’’ means a cooperative agreement

18 within the meaning of section 6305 of title 31, United

19 States Code.

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

21 awarded under a grant agreement, within the mean22 ing of section 6304 of title 31, United States Code.

23 (4) INSTITUTION OF HIGHER EDUCATION.—The

24 term ‘‘institution of higher education’’ means an in25 stitution of higher education, within the meaning of
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1 section 1201(a) of the Higher Education Act of 1965

2 (20 U.S.C. 1141(a)).

3 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the

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

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

6 be available for carrying out this section.

7 SEC. 5. NOTICE.

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

9 any authorized activities of the Department under this

10 Act—

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

12 the total funding for a fiscal year of a civilian energy

13 or scientific research, development, or demonstration

14 or related commercial application of energy tech15 nology program, project, or activity of the Depart16 ment; or

17 (2) after the expiration of 60 days after trans18 mitting to the Committee on Science and the Com19 mittee on Appropriations of the House of Representa20 tives, and to the Committee on Energy and Natural

21 Resources and the Committee on Appropriations of

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

23 25 percent of the total funding for a fiscal year of a

24 civilian energy or scientific research, development, or

25 demonstration or related commercial application of
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1 energy technology program, project, or activity of the

2 Department.

3 (b) REPORT.—(1) The report referred to in subsection

4 (a)(2) is a report containing a full and complete statement

5 of the action proposed to be taken and the facts and cir6 cumstances relied upon in support of such proposed action.

7 (2) In the computation of the 60-day period under sub8 section (a)(2), there shall be excluded any day on which

9 either House of Congress is not in session because of an

10 adjournment of more than 3 days to a day certain.

11 (c) LIMITATIONS.—In no event may funds be used pur12 suant to subsection (a) for a program, project, or activity

13 for which funding has been requested to the Congress but

14 which has not been funded by the Congress.

15 (d) NOTICE OF REORGANIZATION.—The Secretary

16 shall provide notice to the Committee on Science and the

17 Committee on Appropriations of the House of Representa18 tives, and to the Committee on Energy and Natural Re19 sources and the Committee on Appropriations of the Senate,

20 not later than 15 days before any major reorganization of

21 any civilian energy or scientific research, development, or

22 demonstration or related commercial application of energy

23 technology program, project, or activity of the Department.

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

25 copies to the Committee on Science and the Committee on
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1 Appropriations of the House of Representatives, and to the

2 Committee on Energy and Natural Resources and the Com3 mittee on Appropriations of the Senate, of any report relat4 ing to the civilian energy or scientific research, develop5 ment, or demonstration or related commercial application

6 of energy technology programs, projects, and activities of

7 the Department prepared at the direction of any committee

8 of Congress.

9 SEC. 6. LIMITATION ON DEMONSTRATIONS.

10 The Department shall provide funding for civilian en11 ergy or scientific or related commercial application of en12 ergy technology demonstration programs, projects, and ac13 tivities only for technologies or processes that can be reason14 ably expected to yield new, measurable benefits to the cost,

15 efficiency, or performance of the technology or process.

16 SEC. 7. LIMITS ON GENERAL PLANT PROJECTS.

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

18 energy or scientific research, development, or demonstration

19 or related commercial application of energy technology

20 project of the Department for which no specific funding level

21 is provided by law, the estimated cost (including any revi22 sion thereof) of the project exceeds $2,000,000, the Secretary

23 may not continue such construction unless the Secretary

24 has furnished a complete report to the Committee on Science

25 and the Committee on Appropriations of the House of Rep-
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1 resentatives, and to the Committee on Energy and Natural

2 Resources and the Committee on Appropriations of the Sen3 ate, explaining the project and the reasons for the estimate

4 or revision.

5 SEC. 8. LIMITS ON CONSTRUCTION PROJECTS.

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

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

8 development, or demonstration or related commercial appli9 cation of energy technology project of the Department for

10 which funding has been specifically provided by law may

11 not be started, and additional obligations may not be in12 curred in connection with the project above the authorized

13 funding amount, whenever the current estimated cost of the

14 construction project exceeds by more than 10 percent the

15 higher of—

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

17 entire project has been funded by the Congress; or

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

19 project as shown in the most recent budget justifica20 tion data submitted to Congress.

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

22 may be taken if—

23 (1) the Secretary has submitted to the Committee

24 on Science and the Committee on Appropriations of

25 the House of Representatives, and to the Committee
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1 on Energy and Natural Resources and the Committee

2 on Appropriations of the Senate, a report on the pro3 posed actions and the circumstances making such ac4 tions necessary; and

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

6 on which the report is received by the committees.

7 (c) EXCLUSION.—In the computation of the 30-day pe8 riod described in subsection (b)(2), there shall be excluded

9 any day on which either House of Congress is not in session

10 because of an adjournment of more than 3 days to a day

11 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 CONSTRUCTION

16 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 funds

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

21 energy or scientific research, development, or demonstration

22 or related commercial application of energy technology pro23 gram, project, or activity of the Department, the Secretary

24 shall complete a conceptual design for 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 Sec3 retary shall submit to Congress a request for funds for the

4 conceptual design before submitting a request for funds for

5 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) The

10 Secretary may carry out construction design (including ar11 chitectural and engineering services) in connection with

12 any proposed construction project that is in support of a

13 civilian energy or scientific research, development, and

14 demonstration or related commercial application of energy

15 technology program, project, or activity of the Department

16 if the total estimated cost for such design does not exceed

17 $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 must

21 be specifically authorized by law.

22 SEC. 10. LIMITS ON USE OF FUNDS.

23 (a) CONSTRUCTION OF SPALLATION NEUTRON SOURCE

24 PROJECT.—None of the funds authorized by section 3(b)(11)

25 may be obligated until—
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1 (1) the Secretary certifies in writing to the Com2 mittee on Science of the House of Representatives and

3 the Committee on Energy and Natural Resources of

4 the Senate that senior project management positions

5 for the project have been filled by qualified individ6 uals; 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 En10 ergy and Natural Resources and the Committee on

11 Appropriations of the Senate, with—

12 (A) a cost baseline and project milestones

13 for each major construction and technical system

14 activity, consistent with the overall cost and

15 schedule submitted with the Department’s fiscal

16 year 2000 budget, that have been reviewed and

17 certified by an independent entity, outside the

18 Department and having no financial interest in

19 the project, as the most cost-effective way to com20 plete 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 structure

25 that integrates the staff of the collaborating lab-
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1 oratories working on the project under a single

2 project director, who shall have direct super3 visory responsibility over the carrying out of the

4 duties and obligations described in subparagraph

5 (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 certifies to the Con10 gress that the total taxes and fees in any manner or

11 form paid by the Federal Government on the Spall12 ation Neutron Source and the property, activities,

13 and income of the Department relating to the Spall14 ation Neutron Source to the State of Tennessee or its

15 counties, municipalities, or any other subdivision

16 thereof, does not exceed the aggregate taxes and fees

17 for which the Federal Government would be liable if

18 the project were located in any other State that con19 tains a national laboratory of the Department.

20 The Secretary shall report on the Spallation Neutron

21 Source Project 99–E–334 annually, as part of the Depart22 ment’s annual budget submission, including a description

23 of the achievement of milestones, a comparison of actual

24 costs to estimated costs, and any changes in estimated

25 project costs or schedule.
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1 (b) INTERNATIONAL THERMONUCLEAR EXPERIMENTAL

2 REACTOR (ITER) ENGINEERING DESIGN ACTIVITIES

3 (EDA).—None of the funds authorized by this Act may be

4 used either directly or indirectly for United States partici5 pation in International Thermonuclear Experimental Re6 actor (ITER) Engineering Design Activities (EDA).

7 (c) OFFICE OF SCIENCE.—None of the funds author8 ized by this Act may be used either directly or indirectly

9 to fund the salary of an individual holding the position

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

11 Associate Director (except for the Office of Laboratory Pol12 icy and the Office of Resource Management), or Director,

13 Office of Planning and Analysis within the Department’s

14 Office of Science unless such individual holds a post15 graduate degree in science or engineering.

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

17 authorized by this Act may be used either directly or indi18 rectly to fund travel costs of the Department or travel costs

19 for persons awarded contracts or subcontracts by the De20 partment. As part of the Department’s annual budget re21 quest submission to the Congress, the Secretary shall submit

22 a report to the Committee on Science and the Committee

23 on Appropriations of the House of Representatives, and to

24 the Committee on Energy and Natural Resources and the
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1 Committee on Appropriations of the Senate, that

2 identifies—

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

4 Department and for persons awarded contracts or

5 subcontracts by the Department for the fiscal year of

6 such budget submission, as well as for the 2 previous

7 fiscal years;

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

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

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

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

12 a grant, contract, subcontract, or any other form of finan13 cial assistance awarded by the Department to a trade asso14 ciation on a noncompetitive basis. As part of the Depart15 ment’s annual budget request submission to the Congress,

16 the Secretary shall submit a report to the Committee on

17 Science and the Committee on Appropriations of the House

18 of Representatives, and to the Committee on Energy and

19 Natural Resources and the Committee on Appropriations

20 of the Senate, that identifies—

21 (1) the estimated amount of funds provided by

22 the Department to trade associations, by trade asso23 ciation, for the fiscal year of such budget submission,

24 as well as for the 2 previous fiscal years;
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1 (2) the services either provided or to be provided

2 by each such trade association; and

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

4 each such trade association.

5 (f) REDUCTIONS.—Notwithstanding any other provi6 sion of this Act—

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

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

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

10 for fiscal year 2000, as reduced pursuant to para11 graph (1), shall be further reduced by .7674 percent,

12 with such reduction representing a reduction in travel

13 costs; and

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

15 for fiscal year 2000 for administrative expenses, in16 cluding program management, shall be further re17 duced proportionately to achieve additional savings of

18 $30,000,000.

19 SEC. 11. MANAGEMENT AND OPERATING CONTRACTS.

20 (a) COMPETITIVE PROCEDURE REQUIREMENT.—None

21 of the funds authorized to be appropriated by this Act for

22 civilian energy or scientific research, development, and

23 demonstration or related commercial application of energy

24 technology programs, projects, and activities may be used

25 to award a management and operating contract for a feder-
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1 ally owned or operated civilian energy laboratory of the De2 partment unless such contract is awarded using competitive

3 procedures or the Secretary grants, on a case-by-case basis,

4 a waiver to allow for such a deviation. The Secretary may

5 not delegate the authority to grant such a waiver.

6 (b) CONGRESSIONAL NOTICE.—At least 60 days before

7 a contract award, amendment, or modification for which

8 the Secretary intends to grant such a waiver, the Secretary

9 shall submit to the Committee on Science and the Com10 mittee on Appropriations of the House of Representatives,

11 and to the Committee on Energy and Natural Resources

12 and the Committee on Appropriations of the Senate, a re13 port notifying the committees of the waiver and setting

14 forth the reasons for the waiver.

15 SEC. 12. FEDERAL ACQUISITION REGULATION.

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

17 be appropriated by this Act for civilian energy or scientific

18 research, development, and demonstration or related com19 mercial application of energy technology programs,

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

21 modify a contract of the Department in a manner that devi22 ates from the Federal Acquisition Regulation, unless the

23 Secretary grants, on a case-by-case basis, a waiver to allow

24 for such a deviation. The Secretary may not delegate the

25 authority to grant such a waiver.
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1 (b) CONGRESSIONAL NOTICE.—At least 60 days before

2 a contract award, amendment, or modification for which

3 the Secretary intends to grant such a waiver, the Secretary

4 shall submit to the Committee on Science and the Com5 mittee on Appropriations of the House of Representatives,

6 and to the Committee on Energy and Natural Resources

7 and the Committee on Appropriations of the Senate, a re8 port notifying the committees of the waiver and setting

9 forth the reasons for the waiver.

10 SEC. 13. REQUESTS FOR PROPOSALS.

11 None of the funds authorized to be appropriated by this

12 Act may be used by the Department to prepare or initiate

13 Requests for Proposals (RFPs) for a civilian energy or sci14 entific research, development, and demonstration or related

15 commercial application of energy technology program,

16 project, or activity if the program, project, or activity has

17 not been specifically authorized by Congress.

18 SEC. 14. PRODUCTION OR PROVISION OF ARTICLES OR

19 SERVICES.

20 None of the funds authorized to be appropriated by this

21 Act may be used by any civilian energy or scientific re22 search, development, and demonstration or related commer23 cial application of energy technology program, project, or

24 activity of the Department to produce or provide articles

25 or services for the purpose of selling the articles or services
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1 to a person outside the Federal Government, unless the Sec2 retary determines that comparable articles or services are

3 not available from a commercial source in the United

4 States.

5 SEC. 15. ELIGIBILITY FOR AWARDS.

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

7 consideration for grant agreements for civilian energy and

8 scientific research, development, and demonstration or re9 lated commercial application of energy technology pro10 grams, projects, and activities made by the Department

11 after fiscal year 1999 any person who received funds, other

12 than those described in subsection (b), appropriated for a

13 fiscal year after fiscal year 1999, under a grant agreement

14 from any Federal funding source for a program, project,

15 or activity that was not subjected to a competitive, merit16 based award process, except as specifically authorized by

17 this Act. Any exclusion from consideration pursuant to this

18 section shall be effective for a period of 5 years after the

19 person receives such Federal funds.

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

21 receipt of Federal funds by a person due to the membership

22 of that person in a class specified by law for which assist23 ance is awarded to members of the class according to a for24 mula provided by law or under circumstances permitting
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1 other than full and open competition under the Federal Ac2 quisition Regulation.

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 re6 cipient to carry out a public purpose of support or stimula7 tion 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 a

11 cooperative agreement (as such term is used in section 6305

12 of title 31, United States Code) or a cooperative research

13 and development agreement (as such term is defined in sec14 tion 12(d)(1) of the Stevenson-Wydler Technology Innova15 tion Act of 1980 (15 U.S.C. 3710a(d)(1))).

16 SEC. 16. INTERNET AVAILABILITY OF INFORMATION.

17 The Secretary shall make available through the Inter18 net home page of the Department the abstracts relating to

19 all research grants and awards made with funds authorized

20 by this Act. Nothing in this section shall be construed to

21 require or permit the release of any information prohibited

22 by law or regulation from being released to the public.

23 SEC. 17. FOREIGN VISITORS PROGRAM.

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

25 (b) or (c), the Secretary may not admit to any classified
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1 area of any federally owned or operated nonmilitary energy

2 laboratory any individual who is a citizen of a nation that

3 is named on the Department of Energy List of Sensitive

4 Countries.

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

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

7 basis with respect to individuals whose admission to a fed8 erally owned or operated nonmilitary energy laboratory is

9 determined by the Secretary to be necessary for the further10 ance of civilian science interests of the United States.

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

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

13 Committee on Science of the House of Representatives and

14 the Committee on Energy and Natural Resources of the Sen15 ate a report in writing providing notice of the waiver. The

16 report shall identify each individual for whom a waiver is

17 granted and, with respect to each such individual, provide

18 a detailed justification for the waiver and the Secretary’s

19 certification that the admission of that individual to a fed20 erally owned or operated nonmilitary energy laboratory is

21 necessary for the furtherance of civilian science interests of

22 the United States.

23 (3) The authority of the Secretary under paragraph

24 (1) may not be delegated.
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1 (c) APPLICATION.—This section shall not apply to the

2 Ames Laboratory, the Environmental Measurement Labora3 tory, the Ernest Orlando Lawrence Berkeley National Lab4 oratory, the Federal Energy Technology Center, the Fermi

5 National Accelerator Laboratory, the National Renewable

6 Energy Laboratory, the Princeton Plasma Physics Labora7 tory, the Radiological and Environmental Sciences Labora8 tory, the Stanford Linear Accelerator Center, or the Thomas

9 Jefferson National Accelerator Facility.