I
106TH CONGRESS
1ST SESSION
H. R. 1656
To authorize appropriations for fiscal years 2000 and 2001 for the commercial
application of energy technology and related civilian energy and scientific
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 Com-
mittee on Science, and in addition to the Committees on Commerce, and
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To authorize appropriations for fiscal years 2000 and 2001
for the commercial application of energy technology and
related civilian energy and scientific programs, projects,
and activities of the Department of Energy, and for
other purposes.
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
Commercial Application of Energy Technology Authoriza-
tion Act of 1999’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘Department’’ means the Depart-
ment of Energy; and
(2) the term ‘‘Secretary’’ means the Secretary
of Energy.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) ENERGY SUPPLY.—There are authorized to be
appropriated to the Secretary for Energy Supply commer-
cial application of energy technology and related civilian
energy and scientific research, development, and dem-
onstration operation and maintenance and construction
programs, projects, and activities for which specific sums
are not authorized under other authority of law
$237,850,000 for fiscal year 2000 and $235,921,000 for
fiscal year 2001, to remain available through the end of
fiscal year 2002, of which—
(1) $177,000,000 for fiscal year 2000 and
$174,070,000 for fiscal year 2001 shall be for Nu-
clear Energy, including—
(A) $85,000,000 for fiscal year 2000 and
$87,550,000 for fiscal year 2001 for Termi-
nation Costs;
(B) $30,000,000 for fiscal year 2000 and
$30,900,000 for fiscal year 2001 for the Fast
Flux Test Facility;
(C) $13,000,000 for fiscal year 2000 and
$13,390,000 for fiscal year 2001 for Isotope
Support;
(D) $8,000,000 for fiscal year 2000 for
completion of Project 98–E–201, Isotope Pro-
duction Facility, Los Alamos National Labora-
tory; and
(E) $41,000,000 for fiscal year 2000 and
$42,230,000 for fiscal year 2001 for Uranium
Programs;
(2) $50,750,000 for fiscal year 2000 and
$51,703,000 for fiscal year 2001 shall be for Envi-
ronment, Safety, and Health;
(3) $9,100,000 for fiscal year 2000 and
$9,148,000 for fiscal year 2001 shall be for Tech-
nical Information Management; and
(4) $1,000,000 for fiscal year 2000 and
$1,000,000 for fiscal year 2001 shall be for transfer
to the Occupational Health and Safety Administra-
tion for external regulation of all federally owned or
operated nonmilitary energy laboratories under sec-
tion 15.
(b) 
NON-DEFENSE
ENVIRONMENTAL
MANAGE-
MENT.—There are authorized to be appropriated to the
Secretary for Non-Defense Environmental Management
commercial application of energy technology and related
civilian energy and scientific research, development, and
demonstration operation and maintenance programs,
projects, and activities for which specific sums are not au-
thorized under other authority of law $330,934,000 for
fiscal year 2000 and $340,862,000 for fiscal year 2001,
to remain available through the end of fiscal year 2002,
of which—
(1) $211,146,000 for fiscal year 2000 and
$217,480,000 for fiscal year 2001 shall be for Site
Closure;
(2) $100,866,000 for fiscal year 2000 and
$103,892,000 for fiscal year 2001 shall be for the
Site/Project Completion; and
(3) $18,922,000 for fiscal year 2000 and
$19,490,000 for fiscal year 2001 shall be for post
2006 Completion.
(c) FOSSIL ENERGY RESEARCH
AND DEVELOP-
MENT.—There are authorized to be appropriated to the
Secretary for Fossil Energy Research and Development
Environmental Restoration commercial application of en-
ergy technology and related civilian energy and scientific
research, development, and demonstration operation and
maintenance programs, projects, and activities for which
specific sums are not authorized under other authority of
law $10,000,000 for fiscal year 2000 and $10,300,000 for
fiscal year 2001, to remain available through the end of
fiscal year 2002.
(d) ENERGY CONSERVATION RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary for Energy Conservation Research and Develop-
ment commercial application of energy technology and re-
lated civilian energy and scientific research, development,
and demonstration operation and maintenance programs,
projects, and activities for which specific sums are not au-
thorized under other authority of law $26,227,000 for fis-
cal year 2000 and $27,014,000 for fiscal year 2001, to
remain available through the end of fiscal year 2002, of
which—
(1) $10,700,000 for fiscal year 2000 and
$11,021,000 for fiscal year 2001 shall be for Clean
Cities;
(2) $9,138,000 for fiscal year 2000 and
$9,412,000 for fiscal year 2001 shall be for Building
Standards and Guidelines; and
(3) $6,389,000 for fiscal year 2000 and
$6,581,000 for fiscal year 2001 shall be for Lighting
and Appliance Standards.
SEC. 4. NOTICE.
(a) REPROGRAMMING.—The Secretary may use for
any authorized civilian energy or scientific research, devel-
opment, and demonstration and commercial application of
energy technology programs, projects, and activities of the
Department—
(1) up to the lesser of $250,000 or 5 percent
of the total funding for a fiscal year of another such
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 another such program, project, or activity 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 civilian energy or sci-
entific research, development, and demonstration or com-
mercial application of energy technology 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 Sen-
ate, not later than 15 days before any major reorganiza-
tion of any civilian energy or scientific research, develop-
ment, and demonstration or commercial application of en-
ergy technology program, project, or activity of the De-
partment.
(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, and demonstration or commercial applica-
tion of energy technology activities of the Department pre-
pared 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 commercial application of
energy technology demonstration programs, projects, and
activities only for technologies or processes that are sub-
stantially new, and not for incremental improvements 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, and demonstra-
tion or commercial application of energy technology
project of the Department for which no specific funding
level is provided by law, the estimated cost (including any
revision thereof) of the project exceeds $500,000, the Sec-
retary may not continue such construction unless the Sec-
retary has furnished a complete 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, explaining the project and the rea-
sons 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, and demonstration or commercial applica-
tion 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 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.
(b) NOTICE.—An action described in subsection (a)
may be taken if—
(1) the Secretary has submitted to the Com-
mittee on Science and the Committee on Appropria-
tions 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 proposed actions and the cir-
cumstances making such actions necessary; and
(2) a period of 60 days has elapsed after the
date on which the report is received by the commit-
tees.
(c) EXCLUSION.—In the computation of the 60-day
period described in subsection (b)(2), there shall be ex-
cluded 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.
SEC. 8. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION 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, and
demonstration or commercial application of energy tech-
nology program, 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 civilian energy or scientific research, develop-
ment, and demonstration or commercial application of en-
ergy technology construction project exceeds $500,000,
the Secretary 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 $1,000,000.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)
The Secretary may carry out construction design (includ-
ing architectural 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 commercial application of energy
technology program of the Department if the total esti-
mated cost for such design does not exceed $100,000.
(2) If the total estimated cost for construction design
in connection with any construction project described in
paragraph (1) exceeds $100,000, funds for such design
must be specifically authorized by law.
SEC. 9. LIMITS ON USE OF FUNDS.
(a) CLEAN COAL TECHNOLOGY RESERVE.—No funds
in the Clean Coal Technology Reserve may be used to ini-
tiate or carry out a clean coal technology energy dem-
onstration project based outside the United States.
(b) 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 grants, contracts, subcontracts,
or any other form of financial assistance by the Depart-
ment. As part of the Department’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 Energy and Natural Resources and
the Committee on Appropriations of the Senate, that
identifies—
(1) the estimated amount of travel costs by the
Department and for persons awarded grants, con-
tracts, subcontracts, or any other form of financial
assistance by the Department for the fiscal year of
such budget submission, as well as for the 2 pre-
vious fiscal years;
(2) the major purposes for such travel; and
(3) the sources of funds for such travel.
(c) 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 or any prior Act may be used to award a management
and operating contract for a federally owned or operated
nonmilitary energy laboratory 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 or any prior Act for any com-
mercial application of energy technology or civilian energy
or scientific research, development, and demonstration or
commercial application of energy technology activities may
be used to award, amend, or modify a contract of the De-
partment in a manner that deviates from the Federal Ac-
quisition 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 or any prior Act may be used by the Department
to prepare or initiate Requests for Proposals (RFPs) for
a civilian energy or scientific research, development, and
demonstration or 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.
(a) RESTRICTION.—Except as provided in subsection
(b), none of the funds authorized to be appropriated by
this Act or any prior Act may be used by any civilian en-
ergy or scientific research, development, and demonstra-
tion or commercial application of energy technology pro-
gram, 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 Secretary determines that the ar-
ticles or services are not available from a commercial
source in the United States.
(b) EXCEPTION.—Subsection (a) does not apply to
the transmission and sale of electricity by any Federal
power marketing administration.
SEC. 14. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Secretary shall exclude from
consideration for grant agreements for civilian energy or
scientific research, development, and demonstration or
commercial application of energy technology activities
made by the Department after fiscal year 1999 any person
who received funds, other than those described in sub-
section (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 sub-
jected 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 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))).
SEC. 15. EXTERNAL REGULATION.
(a) AUTHORITY.—
(1) ELIMINATION OF DEPARTMENT OF ENERGY
AUTHORITY.—Except as provided in paragraph (2),
effective January 1, 2000, the Department shall
have no regulatory or enforcement authority,
through rules, regulations, orders, and standards, or
reporting requirements, with respect to Federal,
State, and local environmental, safety, and health
requirements at any federally owned or operated
nonmilitary energy laboratory.
(2) EXCEPTION.—Notwithstanding paragraph
(1), the Department shall retain regulatory or en-
forcement authority described in paragraph (1) at
any federally owned or operated nonmilitary energy
laboratory to the extent that no other Federal,
State, or local governmental agency has such regu-
latory or enforcement authority.
(b) NUCLEAR REGULATORY COMMISSION AUTHOR-
ITY.—
(1) ENFORCEMENT RESPONSIBILITIES.—Effec-
tive January 1, 2000, the Nuclear Regulatory Com-
mission shall assume the regulatory and enforcement
responsibilities of the Department under the Atomic
Energy Act of 1954 with regard to federally owned
or operated nonmilitary energy laboratories, includ-
ing such responsibilities with respect to accelerator-
produced radioactive material and ionizing radiation
generating machine.
(2) LICENSED ENTITY.—For the purposes of
carrying out at federally owned or operated non-
military energy laboratories regulatory and enforce-
ment responsibilities described in paragraph (1), the
Nuclear Regulatory Commission may regulate and
license or provide certification for the Department,
the Department’s contractor, or both.
(3) DECOMMISSIONING.—A contractor oper-
ating a federally owned nonmilitary energy labora-
tory shall not be responsible for the costs of decom-
missioning that facility. No enforcement action may
be taken against such contractor for any violation of
Nuclear Regulatory Commission decommissioning
requirements, if such violation is the result of a fail-
ure of the Department to authorize or fund decom-
missioning activities. The Nuclear Regulatory Com-
mission and the Department shall, not later than
July 1, 2000, enter into a memorandum of under-
standing establishing decommissioning procedures
and requirements for federally owned or operated
nonmilitary energy laboratories.
(c) OCCUPATIONAL SAFETY AND HEALTH.—
(1) 
OSHA 
JURISDICTION.—Notwithstanding
any other provision of law, effective January 1,
2000, the Occupational Safety and Health Adminis-
tration shall assume the regulatory and enforcement
responsibilities of the Department relating to mat-
ters covered by the Occupational Safety and Health
Act of 1970 with regard to all federally owned or op-
erated nonmilitary energy laboratories. The Depart-
ment’s contractor or contractors operating those lab-
oratories shall be considered employers for purposes
of the Occupational Safety and Health Act of 1970.
(2) APPLICABILITY.—Section 4(b)(1) of the Oc-
cupational Safety and Health Act of 1970 (29
U.S.C. 653(b)(1)) does not apply with respect to the
Department’s regulation, or the Nuclear Regulatory
Commission’s regulation, of federally owned or oper-
ated nonmilitary energy laboratories.
(3) RADIATION REGULATIONS.—With respect to
federally owned or operated nonmilitary energy lab-
oratories, the Secretary of Labor may enforce the
regulations contained in part 20 of title 10 of the
Code of Federal Regulations, relating to Protection
from Radiation, to the same extent as regulations
issued under section 6(b) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655(b)).
(4) MEMORANDUM OF UNDERSTANDING.—The
Nuclear Regulatory Commission and the Occupa-
tional Safety and Health Administration shall, with-
in 90 days after the date of the enactment of this
Act, enter into a memorandum of understanding to
govern the exercise of their respective authorities
over occupational safety and health hazards at feder-
ally owned or operated nonmilitary energy labora-
tories.
(d) TRANSFER OF FUNDS.—For the purposes of car-
rying out this section, and for conducting pilot programs
and other activities necessary to prepare for and effect the
transition of regulatory and enforcement responsibilities
for federally owned or operated nonmilitary energy labora-
tories from the Department, the Secretary shall transfer
$1,000,000 from the appropriation made pursuant to sec-
tion 3(a)(4) to the Occupational Safety and Health Ad-
ministration.
(e) CIVIL PENALTIES.—The Department’s contractor
operating a federally owned or operated nonmilitary en-
ergy laboratory shall not be liable for civil penalties under
the Atomic Energy Act of 1954 or the Occupational Safety
and Health Act of 1970 for any actions taken before Octo-
ber 1, 2000, pursuant to the transfer of regulatory and
enforcement responsibilities required by this section.
(f) INDEMNIFICATION.—The Secretary shall continue
to indemnify federally owned or operated nonmilitary en-
ergy laboratories in accordance with the provisions of sec-
tion 170d. of the Atomic Energy Act of 1954.
(g) DEPARTMENT OF ENERGY REPORTING REQUIRE-
MENT.—By October 31, 1999, the Secretary shall trans-
mit to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and the
Committee on Energy and Natural Resources and the
Committee on Appropriations of the Senate, a plan for
the termination of the Department’s regulatory and en-
forcement responsibilities for federally owned or operated
nonmilitary energy laboratories required by this section.
The report shall include—
(1) a detailed transition plan, drafted in coordi-
nation with the Nuclear Regulatory Commission and
the Occupational Safety and Health Administration,
giving the schedule for termination of self-regulation
authority as outlined in subsection (a), including the
activities to be coordinated with the Nuclear Regu-
latory Commission and the Occupational Safety and
Health Administration;
(2) a description of any issues remaining to be
resolved with the Nuclear Regulatory Commission,
the Occupational Safety and Health Administration,
or other external regulators, and a timetable for re-
solving such issues before January 1, 2000;
(3) an estimate of—
(A) the annual cost of administering and
implementing self-regulation of environmental,
safety, and health activities at federally owned
or operated nonmilitary energy laboratories;
(B) the number of Federal and contractor
employees administering and implementing such
self-regulation;
(C) the cost of external regulation based
on the pilot project of simulated Nuclear Regu-
latory Commission regulation which has already
been conducted; and
(D) the extent and schedule by which the
Department and laboratory staffs will be re-
duced as a result of implementation of this sec-
tion; and
(4) a description of regulatory or enforcement
authorities the Department determines it will be re-
quired to retain pursuant to subsection (a)(2).
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