IB
Union Calendar No. 367
106TH CONGRESS
2D SESSION
H. R. 1656
[Report No. 106–492, Part I]
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
FEBRUARY 3, 2000
Reported from the Committee on Science with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
FEBRUARY 3, 2000
Referral to the Committees on Commerce, and Education and the Workforce,
extended for a period ending not later than April 14, 2000
APRIL 14, 2000
Referral to the Committees on Commerce, and Education and the Workforce,
extended for a period ending not later than May 26, 2000
MAY 26, 2000
Referral to the Committees on Commerce, and Education and the Workforce,
extended for a period ending not later than June 7, 2000
JUNE 7, 2000
Referral to the Committees on Commerce, and Education and the Workforce,
extended for a period ending not later than June 9, 2000
JUNE 9, 2000
Committees on Commerce, and Education and the Workforce, discharged;
committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
[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 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 ap-
propriated to the Secretary for Energy Supply commercial
application of energy technology and related civilian energy
and scientific research, development, and demonstration op-
eration and maintenance and construction programs,
projects, and activities for which specific sums are not au-
thorized under other authority of law $309,662,000 for fis-
cal year 2000 and $306,857,000 for fiscal year 2001, to re-
main available through the end of fiscal year 2002, of
which—
(1) $136,000,000 for fiscal year 2000 and
$131,840,000 for fiscal year 2001 shall be for Nuclear
Energy, including—
(A) $85,000,000 for fiscal year 2000 and
$87,550,000 for fiscal year 2001 for Termination
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 Sup-
port; and
(D) $8,000,000 for fiscal year 2000 for com-
pletion of Project 98–E–201, Isotope Production
Facility, Los Alamos National Laboratory;
(2) $50,750,000 for fiscal year 2000 and
$51,703,000 for fiscal year 2001 shall be for Environ-
ment, Safety, and Health;
(3) $9,100,000 for fiscal year 2000 and
$9,148,000 for fiscal year 2001 shall be for Technical
Information Management;
(4) $102,000,000 for fiscal year 2000 and
$102,000,000 for fiscal year 2001 shall be for Field
Operations; and
(5) $11,812,000 for fiscal year 2000 and
$12,166,000 for fiscal year 2001 shall be for Oak
Ridge Landlord.
(b) NON-DEFENSE ENVIRONMENTAL MANAGEMENT.—
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 op-
eration and maintenance programs, projects, and activities
for which specific sums are not authorized under other au-
thority 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) 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 an-
other such program, project, or activity of the Depart-
ment.
(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 civilian energy or scientific
research, development, and demonstration or commercial
application of energy technology 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 Senate,
not later than 15 days before any major reorganization of
any civilian energy or scientific research, development, and
demonstration or commercial application of energy tech-
nology 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, and demonstration or commercial application of en-
ergy technology activities of the Department prepared at
the direction of any committee of Congress.
SEC. 5. LIMITATION ON DEMONSTRATIONS.
The Department shall provide funding for civilian en-
ergy or scientific or commercial application of energy tech-
nology demonstration programs, projects, and activities
only for technologies or processes that can be reasonably ex-
pected to yield new, measurable benefits to the cost, effi-
ciency, or performance of the technology or process.
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 pro-
vided by law, the estimated cost (including any revision
thereof) of the project exceeds $2,000,000, the Secretary may
not continue such construction unless the Secretary has fur-
nished 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. 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 application
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 authorized funding
amount, whenever the current estimated cost of the construc-
tion 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. 8. 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, and demonstra-
tion or 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 civilian energy or scientific research, develop-
ment, and demonstration or commercial application of en-
ergy technology construction project exceeds $750,000, 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 $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 commercial application of energy tech-
nology program 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. 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 demonstra-
tion 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 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
Committee on Appropriations of the Senate, that
identifies—
(1) the estimated amount of travel costs by the
Department and for persons awarded contracts or
subcontracts by the Department for the fiscal year of
such budget submission, as well as for the 2 previous
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 asso-
ciation 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 Energy and
Natural Resources and the Committee on Appropriations
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 submission,
as well as for the 2 previous fiscal years;
(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.