Union Calendar No. 140
106TH CONGRESS
1ST SESSION
H. R. 1655
[Report No. 106–243]
A BILL
To authorize appropriations for fiscal years 2000
and 2001 for the civilian energy and scientific re-
search, development, and demonstration and re-
lated commercial application of energy technology
programs, projects, and activities of the Depart-
ment of Energy, and for other purposes.
JULY 20, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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 re-
lated 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, develop-
ment, and demonstration and related commercial applica-
tion of energy technology programs, projects, and activi-
ties of the Department of Energy, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Energy
Research, Development, and Demonstration Authorization
Act of 1999’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Department’’ means the Department of En-
ergy; and
(2) ‘‘Secretary’’ means the Secretary of Energy.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) ENERGY SUPPLY.—There are authorized to be ap-
propriated to the Secretary for Energy Supply civilian en-
ergy and scientific research, development, and demonstra-
tion and related commercial application of energy tech-
nology operation and maintenance and construction pro-
grams, projects, and activities for which specific sums are
not authorized under other authority of law $432,366,000
for fiscal year 2000 and $452,577,000 for fiscal year 2001,
to remain available through the end of fiscal year 2002,
of which—
(1) $316,624,000 for fiscal year 2000 and
$325,321,000 for fiscal year 2001 shall be for Solar
and Renewable Resources Technologies, including—
(A) $3,708,000 for fiscal year 2000 and
$3,819,000 for fiscal year 2001 for Solar Build-
ing Technology Research;
(B) $83,345,000 for fiscal year 2000 and
$85,845,000 for fiscal year 2001 for Photovoltaic
Energy Systems;
(C) $17,510,000 for fiscal year 2000 and
$18,035,000 for fiscal year 2001 for Concen-
trating Solar Power, of which $2,000,000 for fis-
cal year 2000 and $3,000,000 for fiscal year
2001 shall be for experimental beamed power
technology demonstrations;
(D) $75,396,000 for fiscal year 2000 and
$77,658,000 for fiscal year 2001 for Biopower/
Biofuels Energy Systems;
(E) $35,814,000 for fiscal year 2000 and
$36,889,000 for fiscal year 2001 for Wind En-
ergy Systems;
(F) $1,500,000 for fiscal year 2000 and
$1,500,000 for fiscal year 2001 for the Renewable
Energy Production Incentive Program;
(G) $6,000,000 for fiscal year 2000 and
$6,000,000 for fiscal year 2001 for the Inter-
national Solar Energy Program;
(H) $1,100,000 for fiscal year 2000 and
$1,100,000 for fiscal year 2001 for the National
Renewable Energy Laboratory;
(I) $33,500,000 for fiscal year 2000 and
$35,000,000 for fiscal year 2001 for Geothermal,
of which $4,000,000 for fiscal year 2000 and
$4,615,000 for fiscal year 2001 shall be derived
from amounts otherwise authorized under this
subsection, from savings resulting from reduc-
tions in contractor travel pursuant to section
10(d);
(J) $3,348,000 for fiscal year 2000 and
$3,448,000 for fiscal year 2001 for Hydropower;
(K) $41,303,000 for fiscal year 2000 and
$42,542,000 for fiscal year 2001 for Electric En-
ergy Systems and Storage; and
(L) $18,100,000 for fiscal year 2000 and
$18,100,000 for fiscal year 2001 for Program Di-
rection; and
(2) $115,742,000 for fiscal year 2000 and
$127,256,000 for fiscal year 2001 shall be for Nuclear
Energy, including—
(A) $37,000,000 for fiscal year 2000 and
$37,000,000 for fiscal year 2001 for Advanced
Radioisotope Power Systems;
(B) $6,070,000 for fiscal year 2000 and
$6,070,000 for fiscal year 2001 for Test Reactor
Area Landlord operation and maintenance;
(C) $1,430,000 for fiscal year 2000 and
$1,944,000 for fiscal year 2001 for construction
of Project 99–E–200, Test Reactor Area Electric
Utility Upgrade, Idaho National Engineering
and Environmental Laboratory;
(D) $1,500,000 for fiscal year 2000 and
$2,500,000 for fiscal year 2001 for construction
of Project 95–E–201, Test Reactor Area Fire and
Life Safety Improvements, Idaho National Engi-
neering and Environmental Laboratory;
(E) $13,500,000 for fiscal year 2000 and
$16,000,000 for fiscal year 2001 for University
Reactor Fuel Assistance and Support;
(F) $5,000,000 for fiscal year 2000 and
$7,500,000 for fiscal year 2001 for Nuclear En-
ergy Plant Optimization;
(G) $30,000,000 for fiscal year 2000 and
$35,000,000 for fiscal year 2001 for the Nuclear
Energy Research Initiative; and
(H) $21,242,000 for fiscal year 2000 and
$21,242,000 for fiscal year 2001 for Program Di-
rection.
(b) SCIENCE.—There are authorized to be appro-
priated to the Secretary for Science scientific and civilian
energy research, development, and demonstration operation
and maintenance and construction programs, projects, and
activities for which specific sums are not authorized under
other authority of law $2,657,761,000 for fiscal year 2000
and $2,691,465,000 for fiscal year 2001, to remain avail-
able until expended, of which—
(1) $715,090,000 for fiscal year 2000 and
$753,110,000 for fiscal year 2001 shall be for High
Energy Physics, including—
(A) $235,190,000 for fiscal year 2000 and
$246,950,000 for fiscal year 2001 for High En-
ergy Physics Research and Technology;
(B) $451,200,000 for fiscal year 2000 and
$473,760,000 for fiscal year 2001 for High En-
ergy Physics Facility Operations;
(C) $2,000,000 for fiscal year 2000 and
$5,200,000 for fiscal year 2001 for construction
of Project 00–G–307, Research Office Building,
Stanford Linear Accelerator Center;
(D) $4,700,000 for fiscal year 2000 and
$4,200,000 for fiscal year 2001 for construction
of Project 99–G–306, Wilson Hall Safety Im-
provements Project, Fermi National Accelerator
Laboratory; and
(E) $22,000,000 for fiscal year 2000 and
$23,000,000 for fiscal year 2001 for construction
of Project 98–G–304, Neutrinos at the Main In-
jector, Fermi National Accelerator Laboratory;
(2) $357,714,000 for fiscal year 2000 and
$375,600,000 for fiscal year 2001 shall be for Nuclear
Physics;
(3) $413,674,000 for fiscal year 2000 and
$434,357,000 for fiscal year 2001 shall be for Biologi-
cal and Environmental Research;
(4) $698,800,000 for fiscal year 2000 and
$733,740,000 for fiscal year 2001 shall be for Basic
Energy Sciences, including—
(A) $405,390,000 for fiscal year 2000 and
$425,660,000 for fiscal year 2001 for Materials
Sciences Research and Facilities Operations;
(B) $217,179,000 for fiscal year 2000 and
$228,038,000 for fiscal year 2001 for Chemical
Sciences Research and Facilities Operations;
(C) $18,820,000 for fiscal year 2000 and
$19,761,000 for fiscal year 2001 for Engineering
Research;
(D) $26,056,000 for fiscal year 2000 and
$27,359,000 for fiscal year 2001 for Geosciences
Research; and
(E) $31,355,000 for fiscal year 2000 and
$32,923,000 for fiscal year 2001 for Energy Bio-
sciences;
(5) $31,474,000 for fiscal year 2000 and
$32,333,000 for fiscal year 2001 shall be for Com-
putational and Technology Research, including—
(A) $17,174,000 for fiscal year 2000 and
$18,033,000 for fiscal year 2001 for Mathe-
matical, 
Information, 
and 
Computational
Sciences; and
(B) $14,300,000 for fiscal year 2000 and
$14,300,000 for fiscal year 2001 for Laboratory
Technology Research;
(6) $1,000,000 for fiscal year 2000 and
$1,000,000 for fiscal year 2001 shall be for Energy
Research Analysis;
(7) $22,309,000 for fiscal year 2000 and
$23,425,000 for fiscal year 2001 shall be for Multipro-
gram Energy Laboratories—Facility Support;
(8) $250,000,000 for fiscal year 2000 and
$275,000,000 for fiscal year 2001 shall be for Fusion
Energy Sciences, including $13,600,000 for fiscal
year 2000 and $19,400,000 for fiscal year 2001 for
Tokamak Fusion Test Reactor Decontamination and
Decommissioning;
(9) $49,800,000 for fiscal year 2000 and
$49,800,000 for fiscal year 2001 shall be for Science
Program Direction;
(10) $17,900,000 for fiscal year 2000 and
$13,100,000 for fiscal year 2001 shall be for Spall-
ation Neutron Source research and development; and
(11) $100,000,000 for fiscal year 2000 shall be
for construction of Project 99–E–334, Spallation Neu-
tron Source, Oak Ridge National Laboratory, Oak
Ridge, Tennessee.
(c) FOSSIL ENERGY RESEARCH AND DEVELOPMENT.—
There are authorized to be appropriated to the Secretary
for Fossil Energy Research and Development civilian en-
ergy and scientific research, development, and demonstra-
tion and related commercial application of energy tech-
nology operation and maintenance programs, projects, and
activities for which specific sums are not authorized under
other authority of law $397,564,000 for fiscal year 2000
and $427,102,000 for fiscal year 2001, to remain available
through the end of fiscal year 2002, of which—
(1) $126,609,000 for fiscal year 2000 and
$126,614,000 for fiscal year 2001 shall be for Coal,
including—
(A) $5,250,000 for fiscal year 2000 and
$5,407,000 for fiscal year 2001 for Coal Prepa-
ration;
(B) $1,641,000 for fiscal year 2000 for Di-
rect Liquefaction;
(C) $6,659,000 for fiscal year 2000 and
$6,859,000 for fiscal year 2001 for Indirect Liq-
uefaction;
(D) $2,200,000 for fiscal year 2000 and
$2,310,000 for fiscal year 2001 for Advanced
Clean Fuels Research Advanced Research and
Environmental Technology;
(E) $3,000,000 for fiscal year 2000 for Ad-
vanced Pulverized Coal-Fired Powerplant;
(F) $7,010,000 for fiscal year 2000 and
$7,220,000 for fiscal year 2001 for Indirect
Fired Cycle;
(G) $38,661,000 for fiscal year 2000 and
$39,821,000 for fiscal year 2001 for High-Effi-
ciency-Integrated Gasification Combined Cycle;
(H) $15,077,000 for fiscal year 2000 and
$15,529,000 for fiscal year 2001 for High-Effi-
ciency Pressurized Fluidized Bed;
(I) $23,864,000 for fiscal year 2000 and
$25,057,000 for fiscal year 2001 for Advanced
Clean/Efficient Power Systems Advanced Re-
search and Environmental Technology; and
(J) $23,247,000 for fiscal year 2000 and
$24,410,000 for fiscal year 2001 for Advanced
Research and Technology Development;
(2) $50,574,000 for fiscal year 2000 and
$52,091,000 for fiscal year 2001 shall be for Oil Tech-
nology, including—
(A) $31,720,000 for fiscal year 2000 and
$32,671,000 for fiscal year 2001 for Exploration
and Production Supporting Research;
(B) $8,034,000 for fiscal year 2000 and
$8,275,000 for fiscal year 2001 for Recovery
Field Demonstrations; and
(C) $10,820,000 for fiscal year 2000 and
$11,145,000 for fiscal year 2001 for Oil Tech-
nology Effective Environmental Protection;
(3) $107,916,000 for fiscal year 2000 and
$108,831,000 for fiscal year 2001 shall be for Gas,
including—
(A) $14,932,000 for fiscal year 2000 and
$15,380,000 for fiscal year 2001 for Natural Gas
Research Exploration and Production;
(B) $1,030,000 for fiscal year 2000 and
$1,061,000 for fiscal year 2001 for Natural Gas
Research Delivery and Storage;
(C) $41,808,000 for fiscal year 2000 and
$41,808,000 for fiscal year 2001 for Natural Gas
Research Advanced Turbine Systems;
(D) $9,330,000 for fiscal year 2000 and
$9,610,000 for fiscal year 2001 for Natural Gas
Research Emerging Processing Technology Ap-
plications;
(E) $3,108,000 for fiscal year 2000 and
$3,201,000 for fiscal year 2001 for Natural Gas
Effective Environmental Protection;
(F) $1,260,000 for fiscal year 2000 and
$1,323,000 for fiscal year 2001 for Fuel Cells
Advanced Research; and
(G) $36,449,000 for fiscal year 2000 and
$36,449,000 for fiscal year 2001 for Fuel Cells
Systems;
(4) $71,114,000 for fiscal year 2000 and
$72,796,000 for fiscal year 2001 shall be for Program
Direction and Management Support, including—
(A) $15,049,000 for fiscal year 2000 and
$15,049,000 for fiscal year 2001 for Head-
quarters Program Direction; and
(B) $56,065,000 for fiscal year 2000 and
$57,747,000 for fiscal year 2001 for Energy
Technology Center Program Direction;
(5) $2,000,000 for fiscal year 2000 and
$2,060,000 for fiscal year 2001 shall be for GP–F–
100, Plant and Capital Equipment, at Energy Tech-
nology Center sites;
(6) $7,148,000 for fiscal year 2000 and
$7,537,000 for fiscal year 2001 shall be for Coopera-
tive Research and Development;
(7) $2,173,000 for fiscal year 2000 and
$2,173,000 for fiscal year 2001 shall be for Fuels Con-
version, Natural Gas, and Electricity;
(8) $5,000,000 for fiscal year 2000 and
$5,000,000 for fiscal year 2001 shall be for Advanced
Metallurgical Processes; and
(9) $25,000,000 for fiscal year 2000 and
$50,000,000 for fiscal year 2001 shall be for a Fossil
Energy Science Initiative to be managed by the As-
sistant Secretary for Fossil Energy in consultation
with the Director of the Office of Science, for grants
to be competitively awarded and subject to peer re-
view for research relating to fossil energy. The Sec-
retary shall submit to the Committee on Science and
the Committee on Appropriations of the House of
Representatives, and to the Committee on Energy and
Natural Resources and the Committee on Appropria-
tions of the Senate, an annual report on the activities
of the Fossil Energy Science Initiative, including a
description of the process used to award the funds and
an explanation of how the research relates to fossil en-
ergy.
(d) ENERGY CONSERVATION RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary for Energy Conservation Research and Develop-
ment civilian energy and scientific research, development,
and demonstration and related application of energy tech-
nology operation and maintenance programs, projects, and
activities for which specific sums are not authorized under
other authority of law $490,212,000 for fiscal year 2000
and $527,626,000 for fiscal year 2001, to remain available
through the end of fiscal year 2002, of which—
(1) $204,935,000 for fiscal year 2000 and
$210,845,000 for fiscal year 2001 shall be for the
Transportation Sector, including—
(A) $129,714,000 for fiscal year 2000 and
$133,606,000 for fiscal year 2001 for Vehicle
Technology Research and Development;
(B) $23,500,000 for fiscal year 2000 and
$24,205,000 for fiscal year 2001 for Fuels Utili-
zation Research and Development, of which
$2,500,000 for fiscal year 2000 and $2,750,000
for fiscal year 2001 shall be for biodiesel fuel re-
search and development;
(C) $5,196,000 for fiscal year 2000 and
$5,352,000 for fiscal year 2001 for Technology
Deployment;
(D) $38,599,000 for fiscal year 2000 and
$39,757,000 for fiscal year 2001 for Materials
Technology; and
(E) $7,925,000 for fiscal year 2000 and
$7,925,000 for fiscal year 2001 for Management
and Planning;
(2) $155,131,000 for fiscal year 2000 and
$159,534,000 for fiscal year 2001 shall be for the In-
dustry Sector, including—
(A) $59,180,000 for fiscal year 2000 and
$60,955,000 for fiscal year 2001 for Industries of
the Future (Specific);
(B) $87,600,000 for fiscal year 2000 and
$90,228,000 for fiscal year 2001 for Industries of
the Future (Crosscutting); and
(C) $8,351,000 for fiscal year 2000 and
$8,351,000 for fiscal year 2001 for Management
and Planning;
(3) $70,014,000 for fiscal year 2000 and
$72,115,000 for fiscal year 2001 shall be for the
Building Technology, State and Community Sector
(nongrants), including—
(A) $55,870,000 for fiscal year 2000 and
$57,546,000 for fiscal year 2001 for Building
Research; and
(B) $14,144,000 for fiscal year 2000 and
$14,568,000 for fiscal year 2001 for Building
Technology Assistance (nongrants);
(4) $35,132,000 for fiscal year 2000 and
$35,132,000 for fiscal year 2001 shall be for Policy
and Management; and
(5) $25,000,000 for fiscal year 2000 and
$50,000,000 for fiscal year 2001 shall be for an En-
ergy Efficiency Science Initiative to be managed by
the Assistant Secretary for Energy Efficiency and Re-
newable Energy in consultation with the Director of
the Office of Science, for grants to be competitively
awarded and subject to peer review for research relat-
ing to energy efficiency. The Secretary shall submit to
the Committee on Science and the Committee on Ap-
propriations of the House of Representatives, and to
the Committee on Energy and Natural Resources and
the Committee on Appropriations of the Senate, an
annual report on the activities of the Energy Effi-
ciency Science Initiative, including a description of
the process used to award the funds and an expla-
nation of how the research relates to energy efficiency.
SEC. 4. GAS HYDRATE ENERGY AND SCIENTIFIC AND ENVI-
RONMENTAL RESEARCH AND DEVELOPMENT
PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary, acting through
the Assistant Secretary for Fossil Energy, shall commence
a program of gas hydrate energy and scientific and envi-
ronmental research and development.
(b) GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS,
INTERAGENCY FUNDS TRANSFER AGREEMENTS, AND FIELD
WORK PROPOSALS.—
(1) ASSISTANCE.—The Secretary, acting through
the Assistant Secretary for Fossil Energy, may award
grants or contracts to, or enter into cooperative agree-
ments with, institutions of higher education and in-
dustrial enterprises to conduct energy and scientific
and environmental research, development, and dem-
onstration programs on gas hydrate.
(2) PEER REVIEW.—Funds made available under
paragraph (1) for initiating contracts, grants, cooper-
ative agreements, interagency funds transfer agree-
ments, and field work proposals shall be made avail-
able based on a competitive selection process and a
peer review of proposals. Exceptions shall be consid-
ered on a case-by-case basis, and reported by the Sec-
retary, acting through the Assistant Secretary for
Fossil Energy, to the Committee on Science of the
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate 30 days
prior to any such award.
(c) CONSULTATION.—The Secretary, acting through
the Assistant Secretary for Fossil Energy, may establish an
advisory panel consisting of experts from industry, institu-
tions of higher education, and other entities as the Secretary
considers appropriate, to assist in developing recommenda-
tions and priorities for the gas hydrate research and devel-
opment program carried out under subsection (a).
(d) LIMITATIONS.—
(1) ADMINISTRATIVE EXPENSES.—Not more than
5 percent of the amount made available to carry out
this section for a fiscal year may be used by the Sec-
retary, acting through the Assistant Secretary for
Fossil Energy, for expenses associated with the ad-
ministration of the program carried out under sub-
section (a).
(2) CONSTRUCTION COSTS.—None of the funds
made available to carry out this section may be used
for the construction of a new building or the acquisi-
tion, expansion, remodeling, or alteration of an exist-
ing building (including site grading and improve-
ment and architect fees).
(e) DEFINITIONS.—For purposes of this section:
(1) CONTRACT.—The term ‘‘contract’’ means a
procurement contract within the meaning of section
6303 of title 31, United States Code.
(2) COOPERATIVE AGREEMENT.—The term ‘‘co-
operative agreement’’ means a cooperative agreement
within the meaning of section 6305 of title 31, United
States Code.
(3) GRANT.—The term ‘‘grant’’ means a grant
awarded under a grant agreement, within the mean-
ing of section 6304 of title 31, United States Code.
(4) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ means an in-
stitution of higher education, within the meaning of
section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
(f) AUTHORIZATION
OF APPROPRIATIONS.—Of the
amounts authorized under section 3(c)(3), $5,000,000 for
fiscal year 2000 and $7,500,000 for fiscal year 2001 shall
be available for carrying out this section.
SEC. 5. NOTICE.
(a) REPROGRAMMING.—The Secretary may use for
any authorized activities of the Department under this
Act—
(1) up to the lesser of $250,000 or 5 percent of
the total funding for a fiscal year of a civilian energy
or scientific research, development, or demonstration
or related commercial application of energy tech-
nology program, project, or activity of the Depart-
ment; or
(2) after the expiration of 60 days after trans-
mitting to the Committee on Science and the Com-
mittee on Appropriations of the House of Representa-
tives, and to the Committee on Energy and Natural
Resources and the Committee on Appropriations of
the Senate, a report described in subsection (b), up to
25 percent of the total funding for a fiscal year of a
civilian energy or scientific research, development, or
demonstration or related commercial application of
energy technology program, project, or activity of the
Department.
(b) REPORT.—(1) The report referred to in subsection
(a)(2) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action.
(2) In the computation of the 60-day period under sub-
section (a)(2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) LIMITATIONS.—In no event may funds be used pur-
suant to subsection (a) for a program, project, or activity
for which funding has been requested to the Congress but
which has not been funded by the Congress.
(d) NOTICE
OF REORGANIZATION.—The Secretary
shall provide notice to the Committee on Science and the
Committee on Appropriations of the House of Representa-
tives, and to the Committee on Energy and Natural Re-
sources and the Committee on Appropriations of the Senate,
not later than 15 days before any major reorganization of
any civilian energy or scientific research, development, or
demonstration or related commercial application of energy
technology program, project, or activity of the Department.
(e) COPY OF REPORTS.—The Secretary shall provide
copies to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and to the
Committee on Energy and Natural Resources and the Com-
mittee on Appropriations of the Senate, of any report relat-
ing to the civilian energy or scientific research, develop-
ment, or demonstration or related commercial application
of energy technology programs, projects, and activities of
the Department prepared at the direction of any committee
of Congress.
SEC. 6. LIMITATION ON DEMONSTRATIONS.
The Department shall provide funding for civilian en-
ergy or scientific or related commercial application of en-
ergy technology demonstration programs, projects, and ac-
tivities only for technologies or processes that can be reason-
ably expected to yield new, measurable benefits to the cost,
efficiency, or performance of the technology or process.
SEC. 7. LIMITS ON GENERAL PLANT PROJECTS.
If, at any time during the construction of a civilian
energy or scientific research, development, or demonstration
or related commercial application of energy technology
project of the Department for which no specific funding level
is provided by law, the estimated cost (including any revi-
sion thereof) of the project exceeds $2,000,000, the Secretary
may not continue such construction unless the Secretary
has furnished a complete report to the Committee on Science
and the Committee on Appropriations of the House of Rep-
resentatives, and to the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Sen-
ate, explaining the project and the reasons for the estimate
or revision.
SEC. 8. LIMITS ON CONSTRUCTION PROJECTS.
(a) LIMITATION.—Except as provided in subsection
(b), construction on a civilian energy or scientific research,
development, or demonstration or related commercial appli-
cation of energy technology project of the Department for
which funding has been specifically provided by law may
not be started, and additional obligations may not be in-
curred in connection with the project above the authorized
funding amount, whenever the current estimated cost of the
construction project exceeds by more than 10 percent the
higher of—
(1) the amount authorized for the project, if the
entire project has been funded by the Congress; or
(2) the amount of the total estimated cost for the
project as shown in the most recent budget justifica-
tion data submitted to Congress.
(b) NOTICE.—An action described in subsection (a)
may be taken if—
(1) the Secretary has submitted to the Committee
on Science and the Committee on Appropriations of
the House of Representatives, and to the Committee
on Energy and Natural Resources and the Committee
on Appropriations of the Senate, a report on the pro-
posed actions and the circumstances making such ac-
tions necessary; and
(2) a period of 30 days has elapsed after the date
on which the report is received by the committees.
(c) EXCLUSION.—In the computation of the 30-day pe-
riod described in subsection (b)(2), there shall be excluded
any day on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day
certain.
(d) EXCEPTION.—Subsections (a) and (b) shall not
apply to any construction project which has a current esti-
mated cost of less than $2,000,000.
SEC. 9. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION
DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for funds
for a construction project that is in support of a civilian
energy or scientific research, development, or demonstration
or related commercial application of energy technology pro-
gram, project, or activity of the Department, the Secretary
shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $750,000, the Sec-
retary shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds for a construction project, the total
estimated cost of which is less than $2,000,000.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) The
Secretary may carry out construction design (including ar-
chitectural and engineering services) in connection with
any proposed construction project that is in support of a
civilian energy or scientific research, development, and
demonstration or related commercial application of energy
technology program, project, or activity of the Department
if the total estimated cost for such design does not exceed
$250,000.
(2) If the total estimated cost for construction design
in connection with any construction project described in
paragraph (1) exceeds $250,000, funds for such design must
be specifically authorized by law.
SEC. 10. LIMITS ON USE OF FUNDS.
(a) CONSTRUCTION OF SPALLATION NEUTRON SOURCE
PROJECT.—None of the funds authorized by section 3(b)(11)
may be obligated until—
(1) the Secretary certifies in writing to the Com-
mittee on Science of the House of Representatives and
the Committee on Energy and Natural Resources of
the Senate that senior project management positions
for the project have been filled by qualified individ-
uals; and
(2) the Secretary provides the Committee on
Science and the Committee on Appropriations of the
House of Representatives, and the Committee on En-
ergy and Natural Resources and the Committee on
Appropriations of the Senate, with—
(A) a cost baseline and project milestones
for each major construction and technical system
activity, consistent with the overall cost and
schedule submitted with the Department’s fiscal
year 2000 budget, that have been reviewed and
certified by an independent entity, outside the
Department and having no financial interest in
the project, as the most cost-effective way to com-
plete the project;
(B) binding legal agreements that specify
the duties and obligations of each laboratory of
the Department in carrying out the project;
(C) a revised project management structure
that integrates the staff of the collaborating lab-
oratories working on the project under a single
project director, who shall have direct super-
visory responsibility over the carrying out of the
duties and obligations described in subparagraph
(B); and
(D) official delegation by the Secretary of
primary authority with respect to the project to
the project director; and
(3) the Comptroller General certifies to the Con-
gress that the total taxes and fees in any manner or
form paid by the Federal Government on the Spall-
ation Neutron Source and the property, activities,
and income of the Department relating to the Spall-
ation Neutron Source to the State of Tennessee or its
counties, municipalities, or any other subdivision
thereof, does not exceed the aggregate taxes and fees
for which the Federal Government would be liable if
the project were located in any other State that con-
tains a national laboratory of the Department.
The Secretary shall report on the Spallation Neutron
Source Project 99–E–334 annually, as part of the Depart-
ment’s annual budget submission, including a description
of the achievement of milestones, a comparison of actual
costs to estimated costs, and any changes in estimated
project costs or schedule.
(b) INTERNATIONAL THERMONUCLEAR EXPERIMENTAL
REACTOR
(ITER) ENGINEERING
DESIGN
ACTIVITIES
(EDA).—None of the funds authorized by this Act may be
used either directly or indirectly for United States partici-
pation in International Thermonuclear Experimental Re-
actor (ITER) Engineering Design Activities (EDA).
(c) OFFICE OF SCIENCE.—None of the funds author-
ized by this Act may be used either directly or indirectly
to fund the salary of an individual holding the position
of Director or Deputy Director of the Office of Science, or
Associate Director (except for the Office of Laboratory Pol-
icy and the Office of Resource Management), or Director,
Office of Planning and Analysis within the Department’s
Office of Science unless such individual holds a post-
graduate degree in science or engineering.
(d) TRAVEL.—Not more than 1 percent of the funds
authorized by this Act may be used either directly or indi-
rectly to fund travel costs of the Department or travel costs
for persons awarded contracts or subcontracts by the De-
partment. As part of the Department’s annual budget re-
quest submission to the Congress, the Secretary shall submit
a report to the Committee on Science and the Committee
on Appropriations of the House of Representatives, and to
the Committee on Energy and Natural Resources and the
(2) the services either provided or to be provided
by each such trade association; and
(3) the sources of funds for services provided by
each such trade association.
(f) REDUCTIONS.—Notwithstanding any other provi-
sion of this Act—
(1) each of the amounts authorized by this Act
for fiscal year 2000 shall be reduced by 1 percent;
(2) each of the amounts authorized by this Act
for fiscal year 2000, as reduced pursuant to para-
graph (1), shall be further reduced by .7674 percent,
with such reduction representing a reduction in travel
costs; and
(3) each of the amounts authorized by this Act
for fiscal year 2000 for administrative expenses, in-
cluding program management, shall be further re-
duced proportionately to achieve additional savings of
$30,000,000.
SEC. 11. MANAGEMENT AND OPERATING CONTRACTS.
(a) COMPETITIVE PROCEDURE REQUIREMENT.—None
of the funds authorized to be appropriated by this Act for
civilian energy or scientific research, development, and
demonstration or related commercial application of energy
technology programs, projects, and activities may be used
to award a management and operating contract for a feder-
ally owned or operated civilian energy laboratory of the De-
partment unless such contract is awarded using competitive
procedures or the Secretary grants, on a case-by-case basis,
a waiver to allow for such a deviation. The Secretary may
not delegate the authority to grant such a waiver.
(b) CONGRESSIONAL NOTICE.—At least 60 days before
a contract award, amendment, or modification for which
the Secretary intends to grant such a waiver, the Secretary
shall submit to the Committee on Science and the Com-
mittee on Appropriations of the House of Representatives,
and to the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate, a re-
port notifying the committees of the waiver and setting
forth the reasons for the waiver.
SEC. 12. FEDERAL ACQUISITION REGULATION.
(a) REQUIREMENT.—None of the funds authorized to
be appropriated by this Act for civilian energy or scientific
research, development, and demonstration or related com-
mercial application of energy technology programs,
projects, and activities may be used to award, amend, or
modify a contract of the Department in a manner that devi-
ates from the Federal Acquisition Regulation, unless the
Secretary grants, on a case-by-case basis, a waiver to allow
for such a deviation. The Secretary may not delegate the
authority to grant such a waiver.
(b) CONGRESSIONAL NOTICE.—At least 60 days before
a contract award, amendment, or modification for which
the Secretary intends to grant such a waiver, the Secretary
shall submit to the Committee on Science and the Com-
mittee on Appropriations of the House of Representatives,
and to the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate, a re-
port notifying the committees of the waiver and setting
forth the reasons for the waiver.
SEC. 13. REQUESTS FOR PROPOSALS.
None of the funds authorized to be appropriated by this
Act may be used by the Department to prepare or initiate
Requests for Proposals (RFPs) for a civilian energy or sci-
entific research, development, and demonstration or related
commercial application of energy technology program,
project, or activity if the program, project, or activity has
not been specifically authorized by Congress.
SEC. 14. PRODUCTION OR PROVISION OF ARTICLES OR
SERVICES.
None of the funds authorized to be appropriated by this
Act may be used by any civilian energy or scientific re-
search, development, and demonstration or related commer-
cial application of energy technology program, project, or
activity of the Department to produce or provide articles
or services for the purpose of selling the articles or services
to a person outside the Federal Government, unless the Sec-
retary determines that comparable articles or services are
not available from a commercial source in the United
States.
SEC. 15. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Secretary shall exclude from
consideration for grant agreements for civilian energy and
scientific research, development, and demonstration or re-
lated commercial application of energy technology pro-
grams, projects, and activities made by the Department
after fiscal year 1999 any person who received funds, other
than those described in subsection (b), appropriated for a
fiscal year after fiscal year 1999, under a grant agreement
from any Federal funding source for a program, project,
or activity that was not subjected to a competitive, merit-
based award process, except as specifically authorized by
this Act. Any exclusion from consideration pursuant to this
section shall be effective for a period of 5 years after the
person receives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to the
receipt of Federal funds by a person due to the membership
of that person in a class specified by law for which assist-
ance is awarded to members of the class according to a for-
mula provided by law or under circumstances permitting
other than full and open competition under the Federal Ac-
quisition Regulation.
(c) DEFINITION.—For purposes of this section, the
term ‘‘grant agreement’’ means a legal instrument whose
principal purpose is to transfer a thing of value to the re-
cipient to carry out a public purpose of support or stimula-
tion authorized by a law of the United States, and does
not include the acquisition (by purchase, lease, or barter)
of property or services for the direct benefit or use of the
United States Government. Such term does not include a
cooperative agreement (as such term is used in section 6305
of title 31, United States Code) or a cooperative research
and development agreement (as such term is defined in sec-
tion 12(d)(1) of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 16. INTERNET AVAILABILITY OF INFORMATION.
The Secretary shall make available through the Inter-
net home page of the Department the abstracts relating to
all research grants and awards made with funds authorized
by this Act. Nothing in this section shall be construed to
require or permit the release of any information prohibited
by law or regulation from being released to the public.
SEC. 17. FOREIGN VISITORS PROGRAM.
(a) PROHIBITION.—Except as provided in subsection
(b) or (c), the Secretary may not admit to any classified
area of any federally owned or operated nonmilitary energy
laboratory any individual who is a citizen of a nation that
is named on the Department of Energy List of Sensitive
Countries.
(b) WAIVER AUTHORITY.—(1) The Secretary may
waive the prohibition in subsection (a) on a case-by-case
basis with respect to individuals whose admission to a fed-
erally owned or operated nonmilitary energy laboratory is
determined by the Secretary to be necessary for the further-
ance of civilian science interests of the United States.
(2) Not later than 30 days after granting a waiver
under paragraph (1), the Secretary shall transmit to the
Committee on Science of the House of Representatives and
the Committee on Energy and Natural Resources of the Sen-
ate a report in writing providing notice of the waiver. The
report shall identify each individual for whom a waiver is
granted and, with respect to each such individual, provide
a detailed justification for the waiver and the Secretary’s
certification that the admission of that individual to a fed-
erally owned or operated nonmilitary energy laboratory is
necessary for the furtherance of civilian science interests of
the United States.
(3) The authority of the Secretary under paragraph
(1) may not be delegated.