IIB
106TH CONGRESS
1ST SESSION
H. R. 1655
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 16, 1999
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To authorize appropriations for fiscal years 2000 and 2001
for the civilian energy and scientific research, develop-
ment, and demonstration and related commercial applica-
tion of energy technology programs, projects, and activi-
ties of the Department of Energy, and for other pur-
poses.
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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
Research, Development, and Demonstration Authorization
Act of 1999’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Department’’ means the Department of
Energy; and
(2) ‘‘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 civilian
energy and scientific research, development, and dem-
onstration and related commercial application of energy
technology operation and maintenance and construction
programs, projects, and activities for which specific sums
are not authorized under other authority of law
$482,266,000 for fiscal year 2000 and $504,595,630 for
fiscal year 2001, to remain available through the end of
fiscal year 2002, of which—
(1) $366,524,000 for fiscal year 2000 and
$377,339,630 for fiscal year 2001 shall be for Solar
and Renewable Resources Technologies, including—
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(A) $5,500,000 for fiscal year 2000 and
$5,665,000 for fiscal year 2001 for Solar Build-
ing Technology Research;
(B) $93,309,000 for fiscal year 2000 and
$96,108,270 for fiscal year 2001 for Photo-
voltaic Energy Systems;
(C) $18,850,000 for fiscal year 2000 and
$19,415,500 for fiscal year 2001 for Concen-
trating Solar Power, of which $2,000,000 for
fiscal year 2000 and $3,000,000 for fiscal year
2001 shall be for experimental beamed power
technology demonstrations;
(D) $92,391,000 for fiscal year 2000 and
$95,162,730 for fiscal year 2001 for Biopower/
Biofuels Energy Systems;
(E) $45,600,000 for fiscal year 2000 and
$46,968,000 for fiscal year 2001 for Wind En-
ergy Systems;
(F) $4,000,000 for fiscal year 2000 and
$4,120,000 for fiscal year 2001 for the Renew-
able Energy Production Incentive Program;
(G) $6,000,000 for fiscal year 2000 and
$6,000,000 for fiscal year 2001 for the Inter-
national Solar Energy Program;
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(H) $3,900,000 for fiscal year 2000 and
$4,017,000 for fiscal year 2001 for the Na-
tional Renewable Energy Laboratory;
(I) $33,500,000 for fiscal year 2000 and
$35,000,000 for fiscal year 2001 for Geo-
thermal, of which $4,000,000 for fiscal year
2000 and $4,615,000 for fiscal year 2001 shall
be derived from amounts otherwise authorized
under this subsection, from savings resulting
from reductions in contractor travel pursuant to
section 10(d);
(J) $7,000,000 for fiscal year 2000 and
$7,210,000 for fiscal year 2001 for Hydro-
power;
(K) $41,303,000 for fiscal year 2000 and
$42,542,000 for fiscal year 2001 for Electric
Energy Systems and Storage; and
(L) $19,171,000 for fiscal year 2000 and
$19,746,130 for fiscal year 2001 for Program
Direction; and
(2) $115,742,000 for fiscal year 2000 and
$127,256,000 for fiscal year 2001 shall be for Nu-
clear Energy, including—
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(A) $37,000,000 for fiscal year 2000 and
$37,000,000 for fiscal year 2001 for Advanced
Radioisotope Power Systems;
(B) $6,070,000 for fiscal year 2000 and
$6,070,000 for fiscal year 2001 for Test Reac-
tor Area Landlord operation and maintenance;
(C) $1,430,000 for fiscal year 2000 and
$1,944,000 for fiscal year 2001 for construction
of Project 99–E–200, Test Reactor Area Elec-
tric Utility Upgrade, Idaho National Engineer-
ing and Environmental Laboratory;
(D) $1,500,000 for fiscal year 2000 and
$2,500,000 for fiscal year 2001 for construction
of Project 95–E–201, Test Reactor Area Fire
and Life Safety Improvements, Idaho National
Engineering and Environmental Laboratory;
(E) $13,500,000 for fiscal year 2000 and
$16,000,000 for fiscal year 2001 for University
Reactor Fuel Assistance and Support;
(F) $5,000,000 for fiscal year 2000 and
$7,500,000 for fiscal year 2001 for Nuclear
Energy Plant Optimization;
(G) $30,000,000 for fiscal year 2000 and
$35,000,000 for fiscal year 2001 for the Nu-
clear Energy Research Initiative; and
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(H) $21,242,000 for fiscal year 2000 and
$21,242,000 for fiscal year 2001 for Program
Direction.
(b) SCIENCE.—There are authorized to be appro-
priated to the Secretary for Science scientific and civilian
energy research, development, and demonstration oper-
ation and maintenance and construction programs,
projects, and activities for which specific sums are not au-
thorized under other authority of law $2,657,761,000 for
fiscal year 2000 and $2,691,465,000 for fiscal year 2001,
to remain available until expended, of which—
(1) $715,090,000 for fiscal year 2000 and
$753,110,000 for fiscal year 2001 shall be for High
Energy Physics, including—
(A) $235,190,000 for fiscal year 2000 and
$246,950,000 for fiscal year 2001 for High En-
ergy Physics Research and Technology;
(B) $451,200,000 for fiscal year 2000 and
$473,760,000 for fiscal year 2001 for High En-
ergy Physics Facility Operations;
(C) $2,000,000 for fiscal year 2000 and
$5,200,000 for fiscal year 2001 for construction
of Project 00–G–307, Research Office Building,
Stanford Linear Accelerator Center;
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(D) $4,700,000 for fiscal year 2000 and
$4,200,000 for fiscal year 2001 for construction
of Project 99–G–306, Wilson Hall Safety Im-
provements Project, Fermi National Accelerator
Laboratory; and
(E) $22,000,000 for fiscal year 2000 and
$23,000,000 for fiscal year 2001 for construc-
tion of Project 98–G–304, Neutrinos at the
Main Injector, Fermi National Accelerator Lab-
oratory;
(2) $357,714,000 for fiscal year 2000 and
$375,600,000 for fiscal year 2001 shall be for Nu-
clear Physics;
(3) $413,674,000 for fiscal year 2000 and
$434,357,000 for fiscal year 2001 shall be for Bio-
logical and Environmental Research;
(4) $698,800,000 for fiscal year 2000 and
$733,740,000 for fiscal year 2001 shall be for Basic
Energy Sciences, including—
(A) $405,390,000 for fiscal year 2000 and
$425,660,000 for fiscal year 2001 for Materials
Sciences Research and Facilities Operations;
(B) $217,179,000 for fiscal year 2000 and
$228,038,000 for fiscal year 2001 for Chemical
Sciences Research and Facilities Operations;
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(C) $18,820,000 for fiscal year 2000 and
$19,761,000 for fiscal year 2001 for Engineer-
ing Research;
(D) $26,056,000 for fiscal year 2000 and
$27,359,000 for fiscal year 2001 for Geo-
sciences Research; and
(E) $31,355,000 for fiscal year 2000 and
$32,923,000 for fiscal year 2001 for Energy
Biosciences;
(5) $31,474,000 for fiscal year 2000 and
$32,333,000 for fiscal year 2001 shall be for Com-
putational and Technology Research, including—
(A) $17,174,000 for fiscal year 2000 and
$18,033,000 for fiscal year 2001 for Mathe-
matical, 
Information, 
and 
Computational
Sciences; and
(B) $14,300,000 for fiscal year 2000 and
$14,300,000 for fiscal year 2001 for Labora-
tory Technology Research;
(6) $1,000,000 for fiscal year 2000 and
$1,000,000 for fiscal year 2001 shall be for Energy
Research Analysis;
(7) $22,309,000 for fiscal year 2000 and
$23,425,000 for fiscal year 2001 shall be for Multi-
program Energy Laboratories—Facility Support;
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(8) $250,000,000 for fiscal year 2000 and
$275,000,000 for fiscal year 2001 shall be for Fu-
sion Energy Sciences, including $13,600,000 for fis-
cal year 2000 and $19,400,000 for fiscal year 2001
for Tokamak Fusion Test Reactor Decontamination
and Decommissioning;
(9) $49,800,000 for fiscal year 2000 and
$49,800,000 for fiscal year 2001 shall be for Science
Program Direction;
(10) $17,900,000 for fiscal year 2000 and
$13,100,000 for fiscal year 2001 shall be for Spall-
ation Neutron Source research and development;
and
(11) $100,000,000 for fiscal year 2000 shall be
for construction of Project 99–E–334, Spallation
Neutron Source, Oak Ridge National Laboratory,
Oak Ridge, Tennessee.
(c) FOSSIL ENERGY RESEARCH
AND DEVELOP-
MENT.—There are authorized to be appropriated to the
Secretary for Fossil Energy Research and Development ci-
vilian energy and scientific research, development, and
demonstration and related commercial application of en-
ergy technology operation and maintenance programs,
projects, and activities for which specific sums are not au-
thorized under other authority of law $397,564,000 for
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fiscal year 2000 and $427,102,000 for fiscal year 2001,
to remain available through the end of fiscal year 2002,
of which—
(1) $126,609,000 for fiscal year 2000 and
$126,614,000 for fiscal year 2001 shall be for Coal,
including—
(A) $5,250,000 for fiscal year 2000 and
$5,407,000 for fiscal year 2001 for Coal Prepa-
ration;
(B) $1,641,000 for fiscal year 2000 for
Direct Liquefaction;
(C) $6,659,000 for fiscal year 2000 and
$6,859,000 for fiscal year 2001 for Indirect
Liquefaction;
(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;
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(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;
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(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;
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(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-
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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.
The Secretary shall submit 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, an annual report
on the activities of the Fossil Energy Science Initia-
tive, including a description of the process used to
award the funds and an explanation of how the re-
search relates 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 $577,915,000 for fiscal year 2000
and $619,502,480 for fiscal year 2001, to remain available
through the end of fiscal year 2002, of which—
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(1) $246,999,000 for fiscal year 2000 and
$254,409,000 for fiscal year 2001 shall be for the
Transportation Sector, including—
(A) $168,080,000 for fiscal year 2000 and
$173,122,400 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, of which
$2,500,000 for fiscal year 2000 and $2,750,000
for fiscal year 2001 shall be for biodiesel fuel
research and development;
(C) $7,000,000 for fiscal year 2000 and
$7,210,000 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) $9,820,000 for fiscal year 2000 and
$10,114,600 for fiscal year 2001 for Manage-
ment and Planning;
(2) $171,000,000 for fiscal year 2000 and
$176,130,000 for fiscal year 2001 shall be for the
Industry Sector, including—
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(A) $74,000,000 for fiscal year 2000 and
$76,220,000 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) $9,400,000 for fiscal year 2000 and
$9,682,000 for fiscal year 2001 for Manage-
ment and Planning;
(3) $92,116,000 for fiscal year 2000 and
$94,879,480 for fiscal year 2001 shall be for the
Building Technology, State and Community Sector
(nongrants), including—
(A) $62,018,000 for fiscal year 2000 and
$63,878,540 for fiscal year 2001 for Building
Research; and
(B) $30,098,000 for fiscal year 2000 and
$31,000,940 for fiscal year 2001 for Building
Technology Assistance (nongrants);
(4) $42,800,000 for fiscal year 2000 and
$44,084,000 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
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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. 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
Natural Resources and the Committee on Appropria-
tions of the Senate, an annual report on the activi-
ties of the Energy Efficiency Science Initiative, in-
cluding a description of the process used to award
the funds and an explanation of how the research re-
lates to energy efficiency.
(e) ADDITIONAL AUTHORIZATION.—The Secretary
shall designate $2,000,000 of the amounts authorized by
this section for each fiscal year for biometric technology
security, including Iris Recognition Technology.
SEC. 4. GAS HYDRATE ENERGY AND SCIENTIFIC AND ENVI-
RONMENTAL RESEARCH AND DEVELOPMENT
PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary, acting
through the Assistant Secretary for Fossil Energy, shall
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commence a program of gas hydrate energy and scientific
and environmental research and development.
(b) GRANTS, CONTRACTS, COOPERATIVE AGREE-
MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS,
AND FIELD WORK PROPOSALS.—
(1) 
ASSISTANCE.—The 
Secretary, 
acting
through the Assistant Secretary for Fossil Energy,
may award grants or contracts to, or enter into co-
operative agreements with, institutions of higher
education and industrial enterprises to conduct en-
ergy and scientific and environmental research, de-
velopment, and demonstration programs on gas hy-
drate.
(2) PEER
REVIEW.—Funds made available
under paragraph (1) for initiating contracts, grants,
cooperative agreements, interagency funds transfer
agreements, and field work proposals shall be made
available based on a competitive selection process
and a peer review of proposals. Exceptions shall be
considered on a case-by-case basis, and reported by
the Secretary, acting through the Assistant Sec-
retary for Fossil Energy, to the Committee on
Science of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate 30 days prior to any such award.
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(c) CONSULTATION.—The Secretary, acting through
the Assistant Secretary for Fossil Energy, may establish
an advisory panel consisting of experts from industry, in-
stitutions of higher education, and other entities as the
Secretary considers appropriate, to assist in developing
recommendations and priorities for the gas hydrate re-
search and development program carried out under sub-
section (a).
(d) LIMITATIONS.—
(1) ADMINISTRATIVE
EXPENSES.—Not more
than 5 percent of the amount made available to
carry out this section for a fiscal year may be used
by the Secretary, acting through the Assistant Sec-
retary for Fossil Energy, for expenses associated
with the administration of the program carried out
under subsection (a).
(2) CONSTRUCTION COSTS.—None of the funds
made available to carry out this section may be used
for the construction of a new building or the acquisi-
tion, expansion, remodeling, or alteration of an exist-
ing building (including site grading and improve-
ment and architect fees).
(e) DEFINITIONS.—For purposes of this section:
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(1) CONTRACT.—The term ‘‘contract’’ means a
procurement contract within the meaning of section
6303 of title 31, United States Code.
(2) COOPERATIVE AGREEMENT.—The term ‘‘co-
operative agreement’’ means a cooperative agree-
ment within the meaning of section 6305 of title 31,
United States Code.
(3) GRANT.—The term ‘‘grant’’ means a grant
awarded under a grant agreement, within the mean-
ing of section 6304 of title 31, United States Code.
(4) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ means an in-
stitution of higher education, within the meaning of
section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(f) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts authorized under section 3(c)(3), $5,000,000 for
fiscal year 2000 and $7,500,000 for fiscal year 2001 shall
be available for carrying out this section.
SEC. 5. 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-
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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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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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assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by
the Congress.
SEC. 20. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, such person shall be ineligible to receive any con-
tract or subcontract made with funds provided pursuant
to this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in section 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 21. NUCLEAR WASTE TRANSMUTATION RESEARCH
AND DEVELOPMENT PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall com-
mence a program of research and development on the
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technology necessary to achieve onsite transmutation of
nuclear waste into nonradioactive substances.
(b) GRANTS, CONTRACTS, COOPERATIVE AGREE-
MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS,
AND FIELD WORK PROPOSALS.—
(1) ASSISTANCE.—The Secretary may award
grants or contracts to, or enter into cooperative
agreements with, institutions of higher education
and industrial enterprises to conduct a research, de-
velopment, and demonstration program on the tech-
nology necessary to achieve onsite transmutation of
nuclear waste into nonradioactive substances in a
manner consistent with United States environmental
and nonproliferation policy. The Secretary shall not
support a technology under this section that involves
the isolation of plutonium or uranium.
(2) PEER
REVIEW.—Funds made available
under paragraph (1) for initiating contracts, grants,
cooperative agreements, interagency funds transfer
agreements, and field work proposals shall be made
available based on a competitive selection process
and a peer review of proposals. Exceptions shall be
considered on a case-by-case basis, and reported by
the Secretary to the Committee on Science of the
House of Representatives and the Committee on En-
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ergy and Natural Resources of the Senate 30 days
prior to any such award.
(c) CONSULTATION.—The Secretary may establish an
advisory panel consisting of experts from industry, institu-
tions of higher education, and other entities as the Sec-
retary considers appropriate, to assist in developing rec-
ommendations and priorities for the research, develop-
ment, and demonstration program carried out under sub-
section (a).
(d) LIMITATIONS.—
(1) ADMINISTRATIVE
EXPENSES.—Not more
than 5 percent of the amount made available to
carry out this section for a fiscal year may be used
by the Secretary for expenses associated with the ad-
ministration of the program carried out under sub-
section (a).
(2) CONSTRUCTION COSTS.—None of the funds
made available to carry out this section may be used
for the construction of a new building or the acquisi-
tion, expansion, remodeling, or alteration of an exist-
ing building (including site grading and improve-
ment and architect fees).
(e) DEFINITIONS.—For purposes of this section:
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(1) CONTRACT.—The term ‘‘contract’’ means a
procurement contract within the meaning of section
6303 of title 31, United States Code.
(2) COOPERATIVE AGREEMENT.—The term ‘‘co-
operative agreement’’ means a cooperative agree-
ment within the meaning of section 6305 of title 31,
United States Code.
(3) GRANT.—The term ‘‘grant’’ means a grant
awarded under a grant agreement, within the mean-
ing of section 6304 of title 31, United States Code.
(4) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ means an in-
stitution of higher education, within the meaning of
section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(f) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts authorized under section 3(a)(2)(G), $2,000,000
for fiscal year 2000 and $4,000,000 for fiscal year 2001
shall be available for carrying out this section.
SEC. 22. MINORITY RECRUITMENT AND EMPLOYMENT.
It is the sense of the Congress that the Department
should increase its efforts to recruit and employ qualified
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minorities for carrying out the research and development
functions of the Department.
Passed the House of Representatives September 15,
1999.
Attest:
JEFF TRANDAHL,
Clerk.