[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1816 Introduced in House (IH)]







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, development, 
demonstration, and commercial application activities of the Department 
        of Energy for fiscal year 1996, and for other purposes.
    Be it enacted by the Senate and House of Representatives 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 Department of Energy;
            (2) the term ``major construction project'' means a 
        civilian research, development, demonstration, or commercial 
        application project whose construction 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, demonstration, or commercial 
        application project whose construction 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 acquisition'' means 
        the acquisition of civilian research, development, 
        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 Research and Development operating, capital equipment, 
and construction the following amounts:
            (1) Solar and Renewable Energy, $203,641,000, of which--
                    (A) $203,521,000 shall be for operating and capital 
                equipment; and
                    (B) $120,000 shall be for construction of Project 
                GP-C-002, General Plant Projects, National Renewable 
                Energy Laboratory.
            (2) Nuclear Energy, $234,541,000, of which--
                    (A) $231,841,000 shall be for operating and capital 
                equipment, including, subject to section 4(b), 
                $25,000,000 for the Gas Turbine-Modular Helium Reactor, 
                and, subject to section 4(d), $14,000,000 for the AP600 
                light water reactor;
                    (B) $1,000,000 shall be for construction of Project 
                GPN-102, General Plant Projects, Argonne National 
                Laboratory-West, Idaho; and
                    (C) $1,700,000 shall be for completion of 
                construction of Project 95-E-207, Modifications to 
                Reactors, Experimental Breeder Reactor-II, Sodium 
                Processing Facility, Argonne National Laboratory-West, 
                Idaho.
            (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, Various Locations;
                    (C) $5,700,000 shall be for construction of Project 
                94-E-339, Human Genome Laboratory, 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 Structural 
                Biology Support Facilities, Lawrence Berkeley 
                Laboratory; and
                    (F) $40,000,000 shall be for construction of 
                Project 91-EM-100, Environmental Molecular 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 Energy;
                    (B) $4,800,000 shall be for operating and capital 
                equipment for Inertial Fusion Energy;
                    (C) $5,943,000 shall be for Program Direction 
                operating;
                    (D) $1,000,000 shall be for construction of Project 
                GPE-900, General Plant Projects, Various 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, Various 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 National Laboratory; and
                    (E) $2,000,000 shall be for construction of Project 
                87-R-405, Combustion Research Facility, Phase II, 
                Sandia National Laboratories-Livermore.
            (7) Multiprogram Energy Laboratories--Facilities 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, Various Locations;
                    (C) $2,740,000 shall be for construction of Project 
                95-E-310, Multiprogram Laboratory Rehabilitation, Phase 
                1, Pacific Northwest Laboratory;
                    (D) $1,500,000 shall be for construction of Project 
                95-E-303, Electrical Safety Rehabilitation, 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 Rehabilitation, Phase 
                1, Argonne National Laboratory;
                    (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 Storage 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 Laboratory;
                    (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 Modifications, Phase II, 
                Brookhaven National Laboratory;
                    (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 Improvements, 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 Program, $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 Valley 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 General Plant Projects;
                    (E) $730,000 shall be for construction of Project 
                GPN-102, Test Reactor Area Landlord General Plant 
                Projects, Idaho National Engineering Laboratory;
                    (F) $1,900,000 shall be for construction of Project 
                95-E-201, Test Reactor Area Landlord Fire and Life 
                Safety Improvements, Idaho National Engineering 
                Laboratory;
                    (G) $2,040,000 shall be for construction of Project 
                GPE-600, General Plant Projects, Waste Management, Non-
                Defense, Various Locations;
                    (H) $300,000 shall be for construction of Project 
                94-E-602, Bethel Valley Federal Facility 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 Activities.--There are authorized 
to be appropriated to the Secretary for fiscal year 1996 for General 
Science and Research Activities operating, capital equipment, and 
construction 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 Linear 
                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, Various 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 Development.--There are authorized 
to be appropriated to the Secretary for fiscal year 1996 for Fossil 
Energy Research and Development operating, capital equipment, and 
construction the following amounts:
            (1) Coal, $49,955,000 for operating.
            (2) Oil Technology, $41,234,000 for operating, including 
        maintaining programs at the National Institute for Petroleum 
        and Energy Research.
            (3) Gas, $57,829,000 for operating.
            (4) Program Direction and Management Support, $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 Development.--There are 
authorized to be appropriated to the Secretary for fiscal year 1996 for 
Energy Conservation Research and Development operating and capital 
equipment 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 following 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 Research.
            (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 Electricity.
            (30) Clean Coal Technology Program.
            (31) Buildings Sector Codes and Standards.
            (32) Buildings Sector Implementation and Deployment.
            (33) Industry Sector Municipal Solid Wastes.
            (34) Industry Sector Implementation and Deployment.
            (35) Alternative Fuels Utilization.
            (36) Transportation Sector Implementation and Deployment.
            (37) Utility Sector Integrated Resource Planning.
            (38) International Market Development.
            (39) Inventions and Innovation Program.
            (40) Municipal Energy Management.
            (41) Information and Communications.
            (42) Policy and Management--Energy Conservation.
    (b) Fiscal Year 1996 Obligation and Expenditure.--None of the funds 
authorized by this Act may be available for obligation for expenditure 
for the Gas Turbine-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 Department, the Committee on Science 
of the House of Representatives, and the Committee on Energy and 
Natural Resources of the Senate that such reactor warrants funding 
within the civilian nuclear energy budget of the Department.
    (c) Prior Fiscal Year Obligation and Expenditure.--No funds may be 
available for obligation or expenditure with respect to the following:
            (1) University of Nebraska Medical Center Transplant 
        Center.
            (2) Oregon Health Sciences University.
            (3) Conduct of any rulemaking activities relating to 
        Lighting and Appliance Standards and Building Standards and 
        Guidelines, including the promulgation 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 FINANCIAL ASSISTANCE.

    (a) Merit Review Requirement.--The Secretary may not award 
financial assistance to any person for civilian research, development, 
demonstration, or commercial application activities, including related 
facility construction, 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 financial assistance 
        may be awarded pursuant to a provision of law that requires or 
        authorizes the award of the financial assistance in a manner 
        inconsistent 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 examination 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 subrecipient 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 Innovation 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 experiment 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 CONSTRUCTION.

    (a) Requirement of Prior Authorization.--(1) No funds are 
authorized to be appropriated to the Secretary for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless a report on such project or acquisition has 
been provided to Congress in accordance with subsection (b).
    (2) The Secretary may not obligate any funds for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless such project or acquisition has been 
specifically authorized by statute.
    (3) This subsection may not be amended or modified except by 
specific reference to this subsection.
    (b) Reports to Congress.--(1) Within 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report that identifies all construction projects and acquisitions of 
the Department described in subsection (a) for which the preliminary 
design phase is completed but the construction or acquisition is not 
completed. Such report shall include--
            (A) an estimate of the total cost of completion of the 
        construction project or acquisition, itemized by individual 
        activity and by fiscal year; and
            (B) an identification of which construction projects or 
        acquisitions have not been specifically authorized by statute.
The Secretary shall annually update and resubmit the report required by 
this paragraph, as part of the report required under section 15 of the 
Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5914).
    (2) The Secretary shall, after completion of the preliminary design 
phase of a major construction project, submit to the Congress a report 
containing--
            (A) an estimate of the total cost of construction of the 
        facility;
            (B) an estimate of the time required to complete 
        construction;
            (C) an estimate of the annual operating costs of the 
        facility;
            (D) the intended useful operating life of the facility; and
            (E) an identification of any existing facilities to be 
        closed as a result of the operation of the facility.

SEC. 8. FURTHER AUTHORIZATIONS.

    Nothing in this Act shall preclude further authorization of 
appropriations for civilian research, development, demonstration, and 
commercial application activities of the Department of Energy for 
fiscal year 1996: Provided, That authorization allocations adopted by 
the Conference Committee on House Concurrent Resolution 67, and 
approved by Congress, allow for such further authorizations.
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HR 1816 IH----2