I
104TH CONGRESS
1ST SESSION
H. R. 1816
To authorize appropriations for civilian research, development, demonstration,
and commercial application activities of the Department of Energy for
fiscal year 1996, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 1995
Mr. ROHRABACHER (for himself and Mr. HAYES) introduced the following bill;
which was referred to the Committee on Science
A BILL
To authorize appropriations for civilian research, develop-
ment, demonstration, and commercial application activi-
ties of the Department of Energy for fiscal year 1996,
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
Civilian Research and Development Act of 1995’’.
SEC. 2. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Department’’ means the Depart-
ment of Energy;
(2) the term ‘‘major construction project’’
means a civilian research, development, demonstra-
tion, or commercial application project whose con-
struction 
costs 
are 
estimated 
to 
exceed
$100,000,000 over the life of the project;
(3) the term ‘‘Secretary’’ means the Secretary
of Energy;
(4) the term ‘‘substantial construction project’’
means a civilian research, development, demonstra-
tion, or commercial application project whose con-
struction costs are estimated to exceed $10,000,000,
but not to exceed $100,000,000, over the life of the
project; and
(5) the term ‘‘substantial equipment acquisi-
tion’’ means the acquisition of civilian research, de-
velopment, demonstration, or commercial application
equipment 
at 
a 
cost 
estimated 
to 
exceed
$10,000,000 for the entire acquisition.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) ENERGY SUPPLY RESEARCH AND DEVELOPMENT
ACTIVITIES.—There are authorized to be appropriated to
the Secretary for fiscal year 1996 for Energy Supply Re-
(3) 
Environment, 
Safety, 
and 
Health,
$127,291,000 for operating and capital equipment.
(4) Biological and Environmental Research,
$358,136,000, of which—
(A) $302,041,000 shall be for operating
and capital equipment;
(B) $3,500,000 shall be for construction of
Project GPE–120, General Plant Projects, Var-
ious Locations;
(C) $5,700,000 shall be for construction of
Project 94–E–339, Human Genome Labora-
tory, Lawrence Berkeley Laboratory;
(D) $4,295,000 shall be for completion of
construction of Project 94–E–338, Structural
Biology Facility, Argonne National Laboratory;
(E) $2,600,000 shall be for completion of
construction of Project 94–E–337, ALS Struc-
tural Biology Support Facilities, Lawrence
Berkeley Laboratory; and
(F) $40,000,000 shall be for construction
of Project 91–EM–100, Environmental Molecu-
lar Sciences Laboratory, Pacific Northwest
Laboratory.
(5) Fusion Energy, $229,144,000, of which—
(A) $214,201,000 shall be for operating
and capital equipment for Magnetic Fusion En-
ergy;
(B) $4,800,000 shall be for operating and
capital equipment for Inertial Fusion Energy;
(C) $5,943,000 shall be for Program Di-
rection operating;
(D) $1,000,000 shall be for construction of
Project GPE–900, General Plant Projects, Var-
ious Locations; and
(E) $3,200,000 shall be for construction of
Project 96–E–310, Elise Project, Lawrence
Berkeley Laboratory.
(6) Basic Energy Sciences, $765,852,000, of
which—
(A) $743,283,000 shall be for operating
and capital equipment, including $60,000,000
for the Scientific Facilities Initiative;
(B) $4,500,000 shall be for construction of
Project GPE–400, General Plant Projects, Var-
ious Locations;
(C) $12,883,000 shall be for construction
of Project 96–E–305, Accelerator and Reactor
Improvements and Modifications;
(D) $3,186,000 shall be for completion of
construction of Project 89–R–402, 6–7 GeV
Synchrotron Radiation Source, Argonne Na-
tional Laboratory; and
(E) $2,000,000 shall be for construction of
Project 87–R–405, Combustion Research Facil-
ity, Phase II, Sandia National Laboratories-
Livermore.
(7) Multiprogram Energy Laboratories—Facili-
ties Support—
(A) $15,539,000 shall be for operating and
capital equipment;
(B) $8,740,000 shall be for construction of
Project GPE–801, General Plant Projects, Var-
ious Locations;
(C) $2,740,000 shall be for construction of
Project 95–E–310, Multiprogram Laboratory
Rehabilitation, Phase 1, Pacific Northwest Lab-
oratory;
(D) $1,500,000 shall be for construction of
Project 95–E–303, Electrical Safety Rehabilita-
tion, Pacific Northwest Laboratory;
(E) $3,270,000 shall be for completion of
construction of Project 95–E–302, Applied
Science Center, Phase 1, Brookhaven National
Laboratory;
(F) $2,500,000 shall be for construction of
Project 95–E–301, Central Heating Plant Re-
habilitation, Phase 1, Argonne National Lab-
oratory;
(G) $2,038,000 shall be for construction of
Project 94–E–363, Roofing Improvements, Oak
Ridge National Laboratory;
(H) $440,000 shall be for completion of
construction of Project 94–E–351, Fuel Stor-
age and Transfer Facility Upgrade, Brookhaven
National Laboratory;
(I) $800,000 shall be for construction of
Project 96–E–332, Building 801 Renovations,
Brookhaven National Laboratory;
(J) $2,400,000 shall be for completion of
construction of Project 96–E–331, Sanitary
Sewer Restoration, Phase I, Lawrence Berkeley
Laboratory;
(K) $1,200,000 shall be for construction of
Project 96–E–330, Building Electrical Service
Upgrade, Phase I, Argonne National Labora-
tory;
(L) $2,480,000 shall be for construction of
Project 95–E–309, Loss Prevention Upgrade-
Electrical Substations, Brookhaven National
Laboratory;
(M) $1,540,000 shall be for construction
of Project 95–E–308, Sanitary System Modi-
fications, Phase II, Brookhaven National Lab-
oratory;
(N) $1,000,000 shall be for construction of
Project 95–E–307, Fire Safety Improvements,
Phase III, Argonne National Laboratory;
(O) $1,288,000 shall be for completion of
construction of Project 93–E–324, Hazardous
Materials 
Safeguards, 
Phase 
I, 
Lawrence
Berkeley Laboratory;
(P) $1,130,000 shall be for completion of
construction of Project 93–E–323, Fire and
Safety Systems Upgrade, Phase I, Lawrence
Berkeley Laboratory; and
(Q) $2,411,000 shall be for construction of
Project 93–E–320, Fire and Safety Improve-
ments, Phase II, Argonne National Laboratory.
Notwithstanding subparagraphs (A) through (Q),
the total amount authorized under this paragraph
shall not exceed $39,327,000.
(8) Advisory and Oversight Program Direction,
$5,940,000 for operating.
(9) Technical Information Management Pro-
gram, $14,394,000, of which—
(A) $12,894,000 shall be for operating and
capital equipment; and
(B) $1,500,000 shall be for construction of
Project 95–A–500, Heating, Venting, and Air
Conditioning Retrofits, Oak Ridge.
(10) 
Environmental 
Management,
$624,323,000, of which—
(A) $607,253,000 shall be for operating
and capital equipment;
(B) $339,000 shall be for completion of
construction of Project 92–E–601, Melton Val-
ley Liquid Low-Level Waste Collection and
Transfer System Upgrade, Oak Ridge National
Laboratory;
(C) $4,000,000 shall be for construction of
Project 88–R–830, Bethel Valley Liquid Low-
Level Waste Collection and Transfer System
Upgrade, Oak Ridge National Laboratory;
(D) $2,255,000 shall be for construction of
Project GPN–103, Oak Ridge Landlord Gen-
eral Plant Projects;
(E) $730,000 shall be for construction of
Project GPN–102, Test Reactor Area Landlord
General Plant Projects, Idaho National Engi-
neering Laboratory;
(F) $1,900,000 shall be for construction of
Project 95–E–201, Test Reactor Area Landlord
Fire and Life Safety Improvements, Idaho Na-
tional Engineering Laboratory;
(G) $2,040,000 shall be for construction of
Project GPE–600, General Plant Projects,
Waste Management, Non-Defense, Various Lo-
cations;
(H) $300,000 shall be for construction of
Project 94–E–602, Bethel Valley Federal Facil-
ity Agreement Upgrades, Oak Ridge National
Laboratory;
(I) $4,048,000 shall be for construction of
Project 93–E–900, Dry Cast Storage, Idaho
National Engineering Laboratory;
(J) $787,000 shall be for construction of
Project 91–E–602, Rehabilitation of Waste
Management Building 306, Argonne National
Laboratory; and
(K) $671,000 shall be for completion of
construction of Project 88–R–812, Hazardous
Waste Handling Facility, Lawrence Berkeley
Laboratory.
(b) GENERAL SCIENCE
AND RESEARCH ACTIVI-
TIES.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for General Science and Re-
search Activities operating, capital equipment, and con-
struction the following amounts:
(1) High Energy Physics, $674,137,000, of
which—
(A) $548,191,000 shall be for operating
and capital equipment, including $15,000,000
for the Scientific Facilities Initiative;
(B) $12,146,000 shall be for construction
of Project GPE–103, General Plant Projects,
Various Locations;
(C) $9,800,000 shall be for construction of
Project 96–G–301, Accelerator Improvements
and Modifications, Various Locations;
(D) $52,000,000 shall be for construction
of Project 94–G–305, B-Factory, Stanford Lin-
ear Accelerator Center; and
(E) $52,000,000 shall be for construction
of Project 92–G–302, Fermilab Main Injector,
Fermi National Accelerator Center.
(2) Nuclear Physics, $290,110,000, of which—
(A) $213,010,000 shall be for operating
and capital equipment, including $25,000,000
for the Scientific Facilities Initiative;
(B) $3,900,000 shall be for construction of
Project GPE–300, General Plant Projects, Var-
ious Locations;
(C) $3,200,000 shall be for construction of
Project 96–G–302, Accelerator Improvements
and Modifications, Various Locations; and
(D) $70,000,000 shall be for construction
of Project 91–G–300, Relativistic Heavy Ion
Collider, Brookhaven National Laboratory.
(3) Program Direction, $8,430,000.
(c) FOSSIL ENERGY RESEARCH
AND DEVELOP-
MENT.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for Fossil Energy Research
and Development operating, capital equipment, and con-
struction the following amounts:
(1) Coal, $49,955,000 for operating.
(2) Oil Technology, $41,234,000 for operating,
including maintaining programs at the National In-
stitute for Petroleum and Energy Research.
(3) Gas, $57,829,000 for operating.
(4) Program Direction and Management Sup-
port, $32,192,000 for operating.
(5) Capital Equipment, $476,000.
(6) Construction of Project GPF–100, General
Plant Projects for Energy Technology Centers,
$1,994,000.
(7) Cooperative Research and Development,
$7,557,000.
(8) Fossil Energy Environmental Restoration,
$12,370,000.
(d) ENERGY CONSERVATION RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary for fiscal year 1996 for Energy Conservation
Research and Development operating and capital equip-
ment the following amounts:
(1) Buildings Sector, $40,107,000.
(2) Industry Sector, $51,116,000.
(3) Transportation Sector, $106,731,000.
(4) Technical and Financial Assistance (Non-
Grants), $7,813,000.
SEC. 4. FUNDING LIMITATIONS.
(a) FISCAL YEAR 1996 APPROPRIATIONS.—None of
the funds authorized by this Act may be used for the fol-
lowing programs, projects, and activities:
(1) Solar Buildings Technology Research.
(2) Solar International Program.
(3) Solar Technology Transfer.
(4) Solar Program Support.
(5) Resource Assessment.
(6) Hydropower.
(7) In-House Energy Management.
(8) Policy and Management—Energy Efficiency
and Renewable Energy.
(9) Space Power Reactor Systems.
(10) Nuclear Energy Facilities.
(11) Policy and Management—Nuclear Energy.
(12) Soviet-Designed Reactor Safety.
(13) Russian Replacement Power Initiative.
(14) Advanced Neutron Source.
(15) Energy Research Analysis.
(16) University and Science Education.
(17) Energy Research Laboratory Technology
Transfer.
(18) Technology Partnerships.
(19) Policy and Management—Energy Re-
search.
(20) Direct Liquefaction.
(21) Indirect Liquefaction.
(22) Systems for Coproducts.
(23) Technical and Economic Analysis.
(24) International Program Support.
(25) Coal Technology Export.
(26) Gas Delivery and Storage.
(27) Gas Utilization.
(28) Fuel Cells Climate Change Action Plan.
(29) Fuels Conversion, Natural Gas, and Elec-
tricity.
(30) Clean Coal Technology Program.
(31) Buildings Sector Codes and Standards.
(32) Buildings Sector Implementation and De-
ployment.
(33) Industry Sector Municipal Solid Wastes.
(34) Industry Sector Implementation and De-
ployment.
(35) Alternative Fuels Utilization.
(36) Transportation Sector Implementation and
Deployment.
(37) Utility Sector Integrated Resource Plan-
ning.
(38) International Market Development.
(39) Inventions and Innovation Program.
(40) Municipal Energy Management.
(41) Information and Communications.
(42) Policy and Management—Energy Con-
servation.
(b) FISCAL YEAR 1996 OBLIGATION AND EXPENDI-
TURE.—None of the funds authorized by this Act may be
available for obligation for expenditure for the Gas Tur-
bine-Modular Helium Reactor, except for termination of
such reactor, until the National Academy of Sciences has
conducted a detailed review of the economic and technical
issues related to such reactor, and has reported to the De-
partment, the Committee on Science of the House of Rep-
resentatives, and the Committee on Energy and Natural
Resources of the Senate that such reactor warrants fund-
ing within the civilian nuclear energy budget of the De-
partment.
(c) PRIOR FISCAL YEAR OBLIGATION AND EXPENDI-
TURE.—No funds may be available for obligation or ex-
penditure with respect to the following:
(1) University of Nebraska Medical Center
Transplant Center.
(2) Oregon Health Sciences University.
(3) Conduct of any rulemaking activities relat-
ing to Lighting and Appliance Standards and Build-
ing Standards and Guidelines, including the promul-
gation 
or 
issuance 
of 
notices 
of 
proposed
rulemakings, proposed rules, or final rules.
(d) LIGHT WATER REACTOR MATCHING FUNDS.—
Funds appropriated for the AP600 light water reactor
pursuant to section 3(a)(2)(A) shall be available only to
the extent that matching private sector funds are provided
for such project, and subject to the condition that such
Federal funds shall be repaid to the United States out
of royalties on the first commercial sale of such reactor
design.
SEC. 5. LIMITATION ON APPROPRIATIONS.
No sums are authorized to be appropriated for any
fiscal year after fiscal year 1995 for any civilian research,
development, demonstration, or commercial application
program, project, or activity of the Department unless
such sums are specifically authorized to be appropriated
by Act of Congress with respect to such fiscal year.
SEC. 6. MERIT REVIEW REQUIREMENT FOR AWARDS OF FI-
NANCIAL ASSISTANCE.
(a) MERIT REVIEW REQUIREMENT.—The Secretary
may not award financial assistance to any person for civil-
ian research, development, demonstration, or commercial
application activities, including related facility construc-
tion, unless an objective merit review process is used to
award the financial assistance.
(b) REQUIREMENT OF SPECIFIC MODIFICATION OF
MERIT REVIEW PROVISION.—
(1) IN GENERAL.—A provision of law may not
be construed as modifying or superseding subsection
(a), or as requiring that financial assistance be
awarded by the Secretary in a manner inconsistent
with subsection (a), unless such provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision
of law modifies or supersedes subsection (a);
and
(C) specifically identifies the person to be
awarded the financial assistance and states that
the financial assistance to be awarded pursuant
to such provision of law is being awarded in a
manner inconsistent with subsection (a).
(2) NOTICE AND WAIT REQUIREMENT.—No fi-
nancial assistance may be awarded pursuant to a
provision of law that requires or authorizes the
award of the financial assistance in a manner incon-
sistent with subsection (a) until—
(A) the Secretary submits to the Congress
a written notice of the Secretary’s intent to
award the financial assistance; and
(B) 180 days has elapsed after the date on
which the notice is received by the Congress.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘objective merit review process’’
means a thorough, consistent, and independent ex-
amination of requests for financial assistance based
on preestablished criteria and scientific and technical
merit by persons knowledgeable in the field for
which the financial assistance is requested.
(2) The term ‘‘financial assistance’’ means the
transfer of funds or property to a recipient or sub-
recipient to accomplish a public purpose of support
or stimulation authorized by Federal law. Such term
includes 
grants, 
cooperative 
agreements, 
and
subawards but does not include cooperative research
and development agreements as defined in section
12(d)(1) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(1)), nor
any grant that calls upon the National Academy of
Sciences, the National Academy of Engineering, the
Institute of Medicine, or the National Academy of
Public Administration to investigate, examine, or ex-
periment upon any subject of science or art and to
report on such matters to Congress or any agency
of the Federal Government.
SEC. 7. POLICY ON CAPITAL PROJECTS AND CONSTRUC-
TION.
(a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)
No funds are authorized to be appropriated to the Sec-
retary for any substantial construction project, substantial
equipment acquisition, or major construction project un-