(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
Advanced 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
Technology, including—
(A) $31,720,000 for fiscal year 2000 and
$32,671,000 for fiscal year 2001 for Explo-
ration 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
Applications;
(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 Pro-
gram 
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 Cooper-
ative Research and Development;
(7) $2,173,000 for fiscal year 2000 and
$2,173,000 for fiscal year 2001 shall be for Fuels
Conversion, Natural Gas, and Electricity;
(8) $5,000,000 for fiscal year 2000 and
$5,000,000 for fiscal year 2001 shall be for Ad-
vanced Metallurgical Processes; and
(9) $25,000,000 for fiscal year 2000 and
$50,000,000 for fiscal year 2001 shall be for a Fos-
sil Energy Science Initiative to be managed by the
Assistant Secretary for Fossil Energy in consulta-
tion with the Director of the Office of Science, for
grants to be competitively awarded and subject to
peer review for research relating to fossil energy.
(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 $503,383,000 for fiscal year 2000
and $540,797,000 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 Uti-
lization Research 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 Manage-
ment and Planning;
(2) $155,131,000 for fiscal year 2000 and
$159,534,000 for fiscal year 2001 shall be for the
Industry 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 Manage-
ment and Planning;
(3) $83,185,000 for fiscal year 2000 and
$85,286,000 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;
(B) $14,144,000 for fiscal year 2000 and
$14,568,000 for fiscal year 2001 for Building
Technology Assistance (nongrants); and
(C) $13,171,000 for fiscal year 2000 and
$13,171,000 for fiscal year 2001 for Manage-
ment and Planning;
(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
Renewable Energy in consultation with the Director
of the Office of Science, for grants to be competi-
tively awarded and subject to peer review for re-
search relating to energy efficiency.
SEC. 4. 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 en-
ergy or scientific research, development, or dem-
onstration or related commercial application of en-
ergy technology program, project, or activity of the
Department; 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 Represent-
atives, 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, develop-
ment, or demonstration or related commercial appli-
cation of energy technology program, project, or ac-
tivity of the Department.
(b) REPORT.—(1) The report referred to in sub-
section (a)(2) is a report containing a full and complete
statement of the action proposed to be taken and the facts
and circumstances relied upon in support of such proposed
action.
(2) In the computation of the 60-day period under
subsection (a)(2), there shall be excluded any day on
which either House of Congress is not in session because
of an adjournment of more than 3 days to a day certain.
(c) LIMITATIONS.—In no event may funds be used
pursuant to subsection (a) for a program, project, or activ-
ity 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 Sen-
ate, not later than 15 days before any major reorganiza-
tion of any civilian energy or scientific research, develop-
ment, 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 Committee on Appropriations of the Senate, of any
report relating to the civilian energy or scientific research,
development, or demonstration or related commercial ap-
plication of energy technology programs, projects, and ac-
tivities of the Department prepared at the direction of any
committee of Congress.
SEC. 5. LIMITATION ON DEMONSTRATIONS.
The Department of Energy shall provide funding for
civilian energy or scientific or related commercial applica-
tion of energy technology demonstration programs,
projects, and activities only for technologies or processes
that are substantially new, and not for incremental im-
provements to technologies or processes that exist in the
marketplace.
SEC. 6. LIMITS ON GENERAL PLANT PROJECTS.
If, at any time during the construction of a civilian
energy or scientific research, development, or demonstra-
tion or related commercial application of energy tech-
nology project of the Department for which no specific
funding level is provided by law, the estimated cost (in-
cluding any revision thereof) of the project exceeds
$500,000, the Secretary may not continue such construc-
tion unless the Secretary has furnished a complete report
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, explaining
the project and the reasons for the estimate or revision.
SEC. 7. LIMITS ON CONSTRUCTION PROJECTS.
(a) LIMITATION.—Except as provided in subsection
(b), construction on a civilian energy or scientific research,
development, or demonstration or related commercial ap-
plication of energy technology project of the Department
for which funding has been specifically provided by law
may not be started, and additional obligations may not
be incurred in connection with the project above the au-
thorized funding amount, whenever the current estimated
cost of the construction project exceeds by more than 5
percent the higher of—
(1) the amount authorized for the project, if the
entire project has been funded by the Congress; or
(2) the amount of the total estimated cost for
the project as shown in the most recent budget jus-
tification data submitted to Congress.
SEC. 9. LIMITS ON USE OF FUNDS.
(a) HIGH PERFORMANCE COMPUTING AND COMMU-
NICATIONS (HPCC) PROGRAM.—None of the funds au-
thorized by this Act may be used for the Department’s
High Performance Computing and Communications
(HPCC) Program.
(b) SCIENTIFIC SIMULATION INITIATIVE (SSI).—
None of the funds authorized by this Act may be used
for the Department’s Scientific Simulation Initiative
(SSI).
(c) CONSTRUCTION OF THE SPALLATION NEUTRON
SOURCE (SNS).—None of the funds authorized by this
Act may be used for the construction of the Project 99–
E–334, the Spallation Neutron Source (SNS) at Oak
Ridge National Laboratory.
(d) INTERNATIONAL
THERMONUCLEAR
EXPERI-
MENTAL REACTOR (ITER) ENGINEERING DESIGN AC-
TIVITIES (EDA).—None of the funds authorized by this
Act may be used either directly or indirectly for United
States participation in International Thermonuclear Ex-
perimental Reactor (ITER) Engineering Design Activities
(EDA).
(e) 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,
(g) TRADE ASSOCIATIONS.—No funds authorized by
this Act may be used either directly or indirectly to fund
a grant, contract, subcontract, or any other form of finan-
cial assistance awarded by the Department to a trade as-
sociation on a noncompetitive basis. As part of the Depart-
ment’s annual budget request submission to the Congress,
the Secretary shall submit a report to the Committee on
Science and the Committee on Appropriations of the
House of Representatives, and to the Committee on En-
ergy and Natural Resources and the Committee on Appro-
priations of the Senate, that identifies—
(1) the estimated amount of funds provided by
the Department to trade associations, by trade asso-
ciation, for the fiscal year of such budget submis-
sion, as well as for the 2 previous fiscal years;
(2) the services either provided or to be pro-
vided by each such trade association; and
(3) the sources of funds for services provided by
each such trade association.
SEC. 10. MANAGEMENT AND OPERATING CONTRACTS.
(a) COMPETITIVE
PROCEDURE
REQUIREMENT.—
None of the funds authorized to be appropriated by this
Act 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 federally owned or operated civilian energy labora-
tory of the Department unless such contract is awarded
using competitive procedures or the Secretary grants, on
a case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant
such a waiver.
(b) CONGRESSIONAL NOTICE.—At least 60 days be-
fore a contract award, amendment, or modification for
which the Secretary intends to grant such a waiver, the
Secretary shall submit to the Committee on Science and
the Committee on Appropriations of the House of Rep-
resentatives, and to the Committee on Energy and Nat-
ural Resources and the Committee on Appropriations of
the Senate, a report notifying the committees of the waiver
and setting forth the reasons for the waiver.
SEC. 11. FEDERAL ACQUISITION REGULATION.
(a) REQUIREMENT.—None of the funds authorized to
be appropriated by this Act 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
deviates from the Federal Acquisition Regulation, unless
the Secretary grants, on a case-by-case basis, a waiver to
allow for such a deviation. The Secretary may not delegate
the authority to grant such a waiver.
(b) CONGRESSIONAL NOTICE.—At least 60 days be-
fore a contract award, amendment, or modification for
which the Secretary intends to grant such a waiver, the
Secretary shall submit to the Committee on Science and
the Committee on Appropriations of the House of Rep-
resentatives, and to the Committee on Energy and Nat-
ural Resources and the Committee on Appropriations of
the Senate, a report notifying the committees of the waiver
and setting forth the reasons for the waiver.
SEC. 12. REQUESTS FOR PROPOSALS.
None of the funds authorized to be appropriated by
this Act may be used by the Department to prepare or
initiate Requests for Proposals (RFPs) for a civilian en-
ergy or scientific research, development, and demonstra-
tion or related commercial application of energy tech-
nology program, project, or activity if the program,
project, or activity has not been specifically authorized by
Congress.
SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR
SERVICES.
None of the funds authorized to be appropriated by
this Act may be used by any civilian energy or scientific
research, development, and demonstration or related com-
mercial application of energy technology program, project,
or activity of the Department to produce or provide arti-
cles or services for the purpose of selling the articles or
services to a person outside the Federal Government, un-
less the Secretary determines that the articles or services
are not available from a commercial source in the United
States.
SEC. 14. 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 pro-
gram, project, or activity that was not subjected to a com-
petitive, 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 mem-
bership of that person in a class specified by law for which
assistance is awarded to members of the class according
to a formula provided by law.
(c) DEFINITION.—For purposes of this section, the
term ‘‘grant agreement’’ means a legal instrument whose
principal purpose is to transfer a thing of value to the
recipient to carry out a public purpose of support or stim-
ulation 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 re-
search and development agreement (as such term is de-
fined in section 12(d)(1) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
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