[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1655 Referred in Senate (RFS)]

  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, development, and demonstration 
   and related commercial application of energy technology programs, 
  projects, and activities of the Department of Energy, 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 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 demonstration 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--
                    (A) $5,500,000 for fiscal year 2000 and $5,665,000 
                for fiscal year 2001 for Solar Building Technology 
                Research;
                    (B) $93,309,000 for fiscal year 2000 and 
                $96,108,270 for fiscal year 2001 for Photovoltaic 
                Energy Systems;
                    (C) $18,850,000 for fiscal year 2000 and 
                $19,415,500 for fiscal year 2001 for Concentrating 
                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 Energy 
                Systems;
                    (F) $4,000,000 for fiscal year 2000 and $4,120,000 
                for fiscal year 2001 for the Renewable Energy 
                Production Incentive Program;
                    (G) $6,000,000 for fiscal year 2000 and $6,000,000 
                for fiscal year 2001 for the International Solar Energy 
                Program;
                    (H) $3,900,000 for fiscal year 2000 and $4,017,000 
                for fiscal year 2001 for the National Renewable Energy 
                Laboratory;
                    (I) $33,500,000 for fiscal year 2000 and 
                $35,000,000 for fiscal year 2001 for Geothermal, 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 Hydropower;
                    (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 Nuclear Energy, including--
                    (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 Reactor 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 Electric Utility Upgrade, Idaho 
                National Engineering 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 Nuclear Energy 
                Research Initiative; and
                    (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 appropriated to the 
Secretary for Science scientific and civilian energy research, 
development, and demonstration operation and maintenance and 
construction programs, projects, and activities for which specific sums 
are not authorized 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 Energy 
                Physics Research and Technology;
                    (B) $451,200,000 for fiscal year 2000 and 
                $473,760,000 for fiscal year 2001 for High Energy 
                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;
                    (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 Improvements Project, Fermi 
                National Accelerator Laboratory; and
                    (E) $22,000,000 for fiscal year 2000 and 
                $23,000,000 for fiscal year 2001 for construction of 
                Project 98-G-304, Neutrinos at the Main Injector, Fermi 
                National Accelerator Laboratory;
            (2) $357,714,000 for fiscal year 2000 and $375,600,000 for 
        fiscal year 2001 shall be for Nuclear Physics;
            (3) $413,674,000 for fiscal year 2000 and $434,357,000 for 
        fiscal year 2001 shall be for Biological 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;
                    (C) $18,820,000 for fiscal year 2000 and 
                $19,761,000 for fiscal year 2001 for Engineering 
                Research;
                    (D) $26,056,000 for fiscal year 2000 and 
                $27,359,000 for fiscal year 2001 for Geosciences 
                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 Computational and Technology 
        Research, including--
                    (A) $17,174,000 for fiscal year 2000 and 
                $18,033,000 for fiscal year 2001 for Mathematical, 
                Information, and Computational Sciences; and
                    (B) $14,300,000 for fiscal year 2000 and 
                $14,300,000 for fiscal year 2001 for Laboratory 
                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 Multiprogram Energy 
        Laboratories--Facility Support;
            (8) $250,000,000 for fiscal year 2000 and $275,000,000 for 
        fiscal year 2001 shall be for Fusion Energy Sciences, including 
        $13,600,000 for fiscal 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 Spallation 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 Development.--There are authorized 
to be appropriated to the Secretary for Fossil Energy Research and 
Development civilian energy and scientific research, development, and 
demonstration and related commercial application of energy technology 
operation and maintenance programs, projects, and activities for which 
specific sums are not authorized under other authority of law 
$397,564,000 for 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 Preparation;
                    (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;
                    (G) $38,661,000 for fiscal year 2000 and 
                $39,821,000 for fiscal year 2001 for High-Efficiency-
                Integrated Gasification Combined Cycle;
                    (H) $15,077,000 for fiscal year 2000 and 
                $15,529,000 for fiscal year 2001 for High-Efficiency 
                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 Research 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 Exploration 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 Technology 
                Effective Environmental Protection;
            (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;
            (4) $71,114,000 for fiscal year 2000 and $72,796,000 for 
        fiscal year 2001 shall be for Program Direction and Management 
        Support, including--
                    (A) $15,049,000 for fiscal year 2000 and 
                $15,049,000 for fiscal year 2001 for Headquarters 
                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 Technology Center sites;
            (6) $7,148,000 for fiscal year 2000 and $7,537,000 for 
        fiscal year 2001 shall be for Cooperative 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 Advanced Metallurgical Processes; 
        and
            (9) $25,000,000 for fiscal year 2000 and $50,000,000 for 
        fiscal year 2001 shall be for a Fossil Energy Science 
        Initiative to be managed by the Assistant Secretary for Fossil 
        Energy in consultation 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 Initiative, 
        including a description of the process used to award the funds 
        and an explanation of how the research relates to fossil 
        energy.
    (d) Energy Conservation Research and Development.--There are 
authorized to be appropriated to the Secretary for Energy Conservation 
Research and Development civilian energy and scientific research, 
development, and demonstration and related application of energy 
technology 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--
            (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 Utilization 
                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 Management 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--
                    (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 Management 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 Energy Efficiency Science 
        Initiative to be managed by the Assistant Secretary for Energy 
        Efficiency and Renewable Energy in consultation with the 
        Director of the Office of Science, for grants to be 
        competitively awarded and subject to peer review for research 
        relating to energy efficiency. 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 Energy 
        Efficiency Science Initiative, including a description of the 
        process used to award the funds and an explanation of how the 
        research relates 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 ENVIRONMENTAL 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 commence a program of gas hydrate 
energy and scientific and environmental research and development.
    (b) Grants, Contracts, Cooperative Agreements, 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 cooperative agreements with, 
        institutions of higher education and industrial enterprises to 
        conduct energy and scientific and environmental research, 
        development, and demonstration programs on gas hydrate.
            (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 Secretary 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.
    (c) Consultation.--The Secretary, acting through the Assistant 
Secretary for Fossil Energy, may establish an advisory panel consisting 
of experts from industry, institutions of higher education, and other 
entities as the Secretary considers appropriate, to assist in 
developing recommendations and priorities for the gas hydrate research 
and development program carried out under subsection (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 Secretary 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 acquisition, expansion, remodeling, or 
        alteration of an existing building (including site grading and 
        improvement and architect fees).
    (e) Definitions.--For purposes of this section:
            (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 ``cooperative 
        agreement'' means a cooperative agreement 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 meaning of section 6304 of title 
        31, United States Code.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' means an institution 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 energy or scientific 
        research, development, or demonstration or related commercial 
        application of energy technology program, project, or activity 
        of the Department; or
            (2) after the expiration of 60 days after transmitting to 
        the Committee on Science and the Committee on Appropriations of 
        the House of Representatives, and to the Committee on Energy 
        and Natural Resources and the Committee on Appropriations of 
        the Senate, a report described in subsection (b), up to 25 
        percent of the total funding for a fiscal year of a civilian 
        energy or scientific research, development, or demonstration or 
        related commercial application of energy technology program, 
        project, or activity of the Department.
    (b) Report.--(1) The report referred to in subsection (a)(2) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and 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.
    (c) Limitations.--In no event may funds be used pursuant to 
subsection (a) for a program, project, or activity 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 Representatives, and to the Committee on Energy and Natural 
Resources and the Committee on Appropriations of the Senate, not later 
than 15 days before any major reorganization of any civilian energy or 
scientific research, development, 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 application of 
energy technology programs, projects, and activities of the Department 
prepared at the direction of any committee of Congress.

SEC. 6. LIMITATION ON DEMONSTRATIONS.

    (a) In General.--The Department shall provide funding for civilian 
energy or scientific or related commercial application of energy 
technology demonstration programs, 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 opportunity 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 demonstration or related 
commercial application of energy technology project of the Department 
for which no specific funding level is provided by law, the estimated 
cost (including any revision thereof) of the project exceeds 
$2,000,000, the Secretary may not continue such construction unless the 
Secretary has 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 the Committee 
on Appropriations of the Senate, explaining the project and the reasons 
for the estimate or revision.

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 application of energy technology 
project of the Department for which funding has been specifically 
provided by law may not be started, and additional obligations may not 
be incurred in connection with the project above the authorized funding 
amount, whenever the current estimated cost of the 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 justification data submitted 
        to Congress.
    (b) Notice.--An action described in subsection (a) may be taken 
if--
            (1) the Secretary has submitted to the Committee on Science 
        and the Committee on Appropriations of the House of 
        Representatives, and to the Committee on Energy and Natural 
        Resources and the Committee on Appropriations of the Senate, a 
        report on the proposed actions and the circumstances making 
        such actions necessary; and
            (2) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (c) Exclusion.--In the computation of the 30-day period described 
in subsection (b)(2), there shall be excluded any day on which either 
House of Congress is not in session because of an adjournment of more 
than 3 days to a day certain.
    (d) Exception.--Subsections (a) and (b) shall not apply to any 
construction project which has a current estimated cost of less than 
$2,000,000.

SEC. 9. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement for Conceptual Design.--(1) Subject to paragraph 
(2) and except as provided in paragraph (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 
demonstration or related commercial application of energy technology 
program, project, or activity of the Department, the Secretary shall 
complete a conceptual design for that project.
    (2) If the estimated cost of completing a conceptual design for a 
construction project exceeds $750,000, the Secretary shall submit to 
Congress a request for funds for the conceptual design before 
submitting a request for funds for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request 
for funds for a construction project, the total estimated cost of which 
is less than $2,000,000.
    (b) Authority for Construction Design.--(1) The Secretary may carry 
out construction design (including 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 Department if the total 
estimated cost for such design does not exceed $250,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project described in paragraph (1) 
exceeds $250,000, funds for such design must be specifically authorized 
by law.

SEC. 10. LIMITS ON USE OF FUNDS.

    (a) Construction of Spallation Neutron Source Project.--None of the 
funds authorized by section 3(b)(11) may be obligated until--
            (1) the Secretary certifies in writing to the Committee on 
        Science of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate that senior project 
        management 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 system activity, 
                consistent with the overall cost and schedule submitted 
                with the Department's fiscal year 2000 budget, that 
                have been reviewed 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 structure that 
                integrates the staff of the collaborating laboratories 
                working on the project under a single project director, 
                who shall have direct supervisory responsibility over 
                the carrying out of the duties and obligations 
                described 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 Congress, on the 
        basis of available information, that the tax reimbursements 
        that the Comptroller General estimates the Department would pay 
        to its contractors as a cost of constructing the Spallation 
        Neutron Source at Oak Ridge National Laboratory in Tennessee 
        would be no more than the tax reimbursements it would pay if 
        the same project were constructed at the Lawrence Berkeley 
        National Laboratory in California, the Argonne National 
        Laboratory in Illinois, the Los Alamos National Laboratory in 
        New Mexico, or the Brookhaven National Laboratory in New York.
The Secretary shall report on the Spallation Neutron Source Project 99-
E-334 annually, as part of the Department's annual budget submission, 
including a description of the achievement of milestones, a comparison 
of actual costs to estimated costs, and any changes in estimated 
project costs or schedule.
    (b) International Thermonuclear Experimental Reactor (ITER) 
Engineering Design Activities (EDA).--None of the funds authorized by 
this Act may be used either directly or indirectly for United States 
participation in International Thermonuclear Experimental Reactor 
(ITER) Engineering Design Activities (EDA).
    (c) Office of Science.--None of the funds authorized 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 Director, 
Office of Planning and Analysis within the Department'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 indirectly 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 Committee on Appropriations 
of the House of Representatives, and to the Committee on Energy and 
Natural Resources and the Committee on Appropriations of the Senate, 
that identifies--
            (1) the estimated amount of travel costs by the Department 
        and for persons awarded contracts or subcontracts by the 
        Department for the fiscal year of such budget submission, as 
        well as for the 2 previous fiscal years;
            (2) the major purposes for such travel; and
            (3) the sources of funds for such travel.
    (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 financial assistance awarded by the 
Department to a trade association on a noncompetitive basis. 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 
Committee on Appropriations of the House of Representatives, and to the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate, that identifies--
            (1) the estimated amount of funds provided by the 
        Department to trade associations, by trade association, for the 
        fiscal year of such budget submission, as well as for the 2 
        previous fiscal years;
            (2) the services either provided or to be provided by each 
        such trade association; and
            (3) the sources of funds for services provided by each such 
        trade association.
    (f) Reductions.--Notwithstanding any other provision 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 paragraph (1), shall be 
        further reduced by .7674 percent, with such reduction 
        representing a reduction in travel costs; and
            (3) each of the amounts authorized by this Act for fiscal 
        year 2000 for administrative expenses, including program 
        management, shall be further reduced 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 energy technology programs, projects, and 
activities may be used to award a management and operating contract for 
a federally owned or operated civilian energy laboratory 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 before 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 
Representatives, and to the Committee on Energy and Natural 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 commercial 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 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 before 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 
Representatives, and to the Committee on Energy and Natural 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 energy or scientific research, development, and 
demonstration or related commercial application of energy technology 
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 research, development, and 
demonstration or related commercial application of energy technology 
program, project, or activity of the Department to produce or provide 
articles or services for the purpose of selling the articles or 
services to a person outside the Federal Government, unless 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 related commercial application of 
energy technology programs, 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 program, project, or activity that was not 
subjected to a competitive, 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 membership 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 
permitting 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 stimulation 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 research and development agreement (as 
such term is defined in section 12(d)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

SEC. 16. INTERNET AVAILABILITY OF INFORMATION.

    The Secretary shall make available through the Internet home page 
of the Department the abstracts relating to all research grants and 
awards made with funds authorized by this Act. Nothing in this section 
shall be construed to require or permit the release of any information 
prohibited by law or regulation from being released to the public.

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 energy laboratory any individual who is a 
citizen of a nation that is named on the Department of Energy List of 
Sensitive 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 federally owned or operated nonmilitary energy 
laboratory is determined by the Secretary to be necessary for the 
furtherance 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 
waiver. The report shall identify each individual for whom a waiver is 
granted and, with respect to each such individual, provide a detailed 
justification for the waiver and the Secretary's certification that the 
admission of that individual to a federally owned or operated 
nonmilitary energy laboratory is necessary for the furtherance of 
civilian science interests of the United States.
    (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 National 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 Radiological and Environmental Sciences 
Laboratory, the Sandia National Laboratories, the Stanford Linear 
Accelerator 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 expended by an 
entity unless the entity agrees that in expending 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 REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial 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 Secretary 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 bearing 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 contract 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 commence a program of 
research and development on the technology necessary to achieve onsite 
transmutation of nuclear waste into nonradioactive substances.
    (b) Grants, Contracts, Cooperative Agreements, 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, development, and demonstration program on 
        the technology 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 Energy 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, institutions of higher education, 
and other entities as the Secretary considers appropriate, to assist in 
developing recommendations and priorities for the research, 
development, and demonstration program carried out under subsection 
(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 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 acquisition, expansion, remodeling, or 
        alteration of an existing building (including site grading and 
        improvement and architect fees).
    (e) Definitions.--For purposes of this section:
            (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 ``cooperative 
        agreement'' means a cooperative agreement 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 meaning of section 6304 of title 
        31, United States Code.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' means an institution 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 minorities for carrying out 
the research and development functions of the Department.

            Passed the House of Representatives September 15, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.