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. 
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(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. 
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SEC. 6. LIMITATION ON DEMONSTRATIONS. 
(a) IN GENERAL.—The Department shall provide 
funding for civilian energy or scientific or related commer-
cial application of energy technology demonstration pro-
grams, projects, and activities only for technologies or 
processes that can be reasonably expected to yield new, 
measurable benefits to the cost, efficiency, or performance 
of the technology or process. 
(b) PARALLEX PROJECT.—The Secretary shall not, 
as part of the test and demonstration Parallex Project, 
select a route for the transportation of Mixed Oxide Fuel 
from Los Alamos, New Mexico, to Chalk River, Canada, 
without issuing a rule based on the record after an oppor-
tunity for agency hearing. 
SEC. 7. 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 
$2,000,000, the Secretary may not continue such con-
struction unless the Secretary 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 Energy and Natural Resources and 
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the Committee on Appropriations of the Senate, explain-
ing the project and the reasons for the estimate or revi-
sion. 
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 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 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 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 
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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 30 days has elapsed after the 
date on which the report is received by the commit-
tees. 
(c) EXCLUSION.—In the computation of the 30-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. 
(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 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, or dem-
onstration or related commercial application of energy 
technology program, project, or activity of the Depart-
ment, the Secretary shall complete a conceptual design for 
that project. 
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(2) If the estimated cost of completing a conceptual 
design for a 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 (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 related commercial application of 
energy technology program, project, or activity of the De-
partment 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 sec-
tion 3(b)(11) may be obligated until— 
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(1) the Secretary certifies in writing to the 
Committee on Science of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate that senior project manage-
ment positions for the project have been filled by 
qualified individuals; and 
(2) the Secretary provides 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, with— 
(A) a cost baseline and project milestones 
for each major construction and technical sys-
tem activity, consistent with the overall cost 
and schedule submitted with the Department’s 
fiscal year 2000 budget, that have been re-
viewed and certified by an independent entity, 
outside the Department and having no financial 
interest in the project, as the most cost-effective 
way to complete 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 struc-
ture that integrates the staff of the collabo-
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rating laboratories working on the project 
under a single project director, who shall have 
direct supervisory responsibility over the car-
rying out of the duties and obligations de-
scribed 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 reports to the Con-
gress, on the basis of available information, that the 
tax reimbursements that the Comptroller General es-
timates the Department would pay to its contractors 
as a cost of constructing the Spallation Neutron 
Source at Oak Ridge National Laboratory in Ten-
nessee would be no more than the tax reimburse-
ments it would pay if the same project were con-
structed at the Lawrence Berkeley National Labora-
tory in California, the Argonne National Laboratory 
in Illinois, the Los Alamos National Laboratory in 
New Mexico, or the Brookhaven National Labora-
tory in New York. 
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 
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costs to estimated costs, and any changes in estimated 
project costs or schedule. 
(b) 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). 
(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 
Policy and the Office of Resource Management), or Direc-
tor, Office of Planning and Analysis within the Depart-
ment’s Office of Science unless such individual holds a 
postgraduate 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 
Department. 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 
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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, 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 pre-
vious fiscal years; 
(2) the major purposes for such travel; and 
(3) the sources of funds for such travel. 
(e) 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-
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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. 
(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 trav-
el 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 
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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. 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 
deviates from the Federal Acquisition Regulation, unless 
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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. 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 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. 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 
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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 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 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-
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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 or under circumstances per-
mitting other than full and open competition under the 
Federal Acquisition 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 
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. 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 author-
ized by this Act. Nothing in this section shall be construed 
to require or permit the release of any information prohib-
ited by law or regulation from being released to the public. 
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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 en-
ergy laboratory any individual who is a citizen of a nation 
that is named on the Department of Energy List of Sen-
sitive 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 fur-
therance 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 Senate a report in writing providing notice of the waiv-
er. The report shall identify each individual for whom a 
waiver is granted and, with respect to each such indi-
vidual, provide a detailed justification for the waiver and 
the Secretary’s certification that the admission of that in-
dividual to a federally owned or operated nonmilitary en-
ergy laboratory is necessary for the furtherance of civilian 
science interests of the United States. 
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(3) The authority of the Secretary under paragraph 
(1) may not be delegated. 
(c) APPLICATION.—This section shall not apply to 
the Ames Laboratory, the Environmental Measurement 
Laboratory, the Ernest Orlando Lawrence Berkeley Na-
tional Laboratory, the Federal Energy Technology Center, 
the Fermi National Accelerator Laboratory, the Lawrence 
Livermore National Laboratory, the Los Alamos National 
Laboratory, the National Renewable Energy Laboratory, 
the Princeton Plasma Physics Laboratory, the Radio-
logical and Environmental Sciences Laboratory, the 
Sandia National Laboratories, the Stanford Linear Accel-
erator Center, the Thomas Jefferson National Accelerator 
Facility, or the Y–12 Plant. 
SEC. 18. COMPLIANCE WITH BUY AMERICAN ACT. 
No funds authorized pursuant to this Act may be ex-
pended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections 
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a– 
10c, popularly known as the ‘‘Buy American Act’’). 
SEC. 19. SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE. 
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT 
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial 
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