[House Report 105-67]
[From the U.S. Government Publishing Office]



105th Congress                                             Rept. 105-67
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 2
_______________________________________________________________________


 
   DEPARTMENT OF ENERGY CIVILIAN RESEARCH AND DEVELOPMENT ACT OF 1997

                                _______
                                

  June 9, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                             Together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1277]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 1277) to authorize appropriations for fiscal year 1998 
and fiscal year 1999 for the civilian research, development, 
demonstration, and commercial application activities of the 
Department of Energy, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     9
Background and Need for Legislation..............................     9
Hearings.........................................................    10
Committee Consideration..........................................    10
Roll Call Votes..................................................    10
Committee Oversight Findings.....................................    10
Committee on Government Reform and Oversight.....................    11
New Budget Authority and Tax Expenditures........................    11
Committee Cost Estimate..........................................    11
Congressional Budget Office Estimate.............................    11
Federal Mandates Statement.......................................    13
Advisory Committee Statement.....................................    13
Constitutional Authority Statement...............................    13
Applicability to Legislative Branch..............................    13
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill, as Reported............    19
Additional Views.................................................    20

                               Amendment

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Department of Energy Civilian Research 
and Development Act of 1997''.

SEC. 2. DEFINITIONS.

  For purposes of this Act--
          (1) the term ``CERN'' means the European Organization for 
        Nuclear Research;
          (2) the term ``Department'' means the Department of Energy;
          (3) the term ``Large Hadron Collider project'' means the 
        Large Hadron Collider project at CERN; and
          (4) the term ``Secretary'' means the Secretary of Energy.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

  (a) Energy Supply Research and Development Activities.--There are 
authorized to be appropriated to the Secretary for Energy Supply 
Research and Development operating expenses and capital equipment 
$1,961,182,000 for fiscal year 1998 and $1,984,201,000 for fiscal year 
1999, of which--
          (1) $272,820,000 for fiscal year 1998 (reduced by $15,000,000 
        to reflect the use of prior year balances) and $270,342,000 for 
        fiscal year 1999 shall be for Solar and Renewable Resources 
        Technologies, including--
                  (A) $2,150,000 for fiscal year 1998 and $2,150,000 
                for fiscal year 1999 for Solar Building Technology 
                Research;
                  (B) $63,900,000 for fiscal year 1998 and $64,900,000 
                for fiscal year 1999 for Photovoltaic Energy Systems;
                  (C) $18,170,000 for fiscal year 1998 and $13,620,000 
                for fiscal year 1999 for Solar Thermal Energy Systems;
                  (D) $28,835,000 for fiscal year 1998 and $28,190,000 
                for fiscal year 1999 for Biopower/Biofuels Energy 
                Systems;
                  (E) $29,500,000 for fiscal year 1998 and $18,140,000 
                for fiscal year 1999 for Wind Energy Systems;
                  (F) $2,800,000 for fiscal year 1998 and $500,000 for 
                fiscal year 1999 for the National Renewable Energy 
                Laboratory;
                  (G) $19,518,000 for fiscal year 1998 and $19,518,000 
                for fiscal year 1999 for Geothermal Electric Research 
                and Development and Deployment;
                  (H) $1,000,000 for fiscal year 1998 for Hydropower;
                  (I) $44,500,000 for fiscal year 1998 and $36,500,000 
                for fiscal year 1999 for Electric Energy Systems and 
                Storage, of which--
                          (i) $8,000,000 for fiscal year 1998 shall be 
                        for Electric and Magnetic Fields Research and 
                        Development;
                          (ii) $32,500,000 for fiscal year 1998 and 
                        $32,500,000 for fiscal year 1999 shall be for 
                        High-Temperature Superconductivity Research and 
                        Development; and
                          (iii) $4,000,000 for fiscal year 1998 and 
                        $4,000,000 for fiscal year 1999 shall be for 
                        Energy Storage Systems;
                  (J) $50,000,000 for fiscal year 1998 and $75,000,000 
                for fiscal year 1999 shall be for a Solar and Renewable 
                Energy Science Initiative, to be managed by the 
                Director of the Office of Energy Research, in 
                consultation with the Assistant Secretary for Energy 
                Efficiency and Renewable Energy on the goals and 
                priorities of the initiative, for grants to be 
                competitively awarded and subject to peer review for 
                research related to solar and renewable energy; and
                  (K) $12,447,000 for fiscal year 1998 and $11,824,000 
                for fiscal year 1999 for Program Direction;
          (2) $164,312,000 for fiscal year 1998 and $146,733,000 for 
        fiscal year 1999 shall be for Nuclear Energy, including--
                  (A) $47,000,000 for fiscal year 1998 and $43,350,000 
                for fiscal year 1999 for Advanced Radioisotope Power 
                Systems;
                  (B) $9,500,000 for fiscal year 1998 and $8,809,000 
                for fiscal year 1999 for Oak Ridge Landlord;
                  (C) $3,217,000 for fiscal year 1998 and $3,217,000 
                for fiscal year 1999 for Test Reactor Area Landlord;
                  (D) $2,000,000 for fiscal year 1998 for Advanced Test 
                Reactor Fusion Irradiations;
                  (E) $6,000,000 for fiscal year 1998 and $6,000,000 
                for fiscal year 1999 for University Nuclear Science and 
                Reactor Support;
                  (F) $82,535,000 for fiscal year 1998 and $72,000,000 
                for fiscal year 1999 for Termination Costs; and
                  (G) $14,060,000 for fiscal year 1998 and $13,357,000 
                for fiscal year 1999 for Program Direction;
          (3) $367,538,000 for fiscal year 1998 and $378,564,000 for 
        fiscal year 1999 shall be for Biological and Environmental 
        Research, including--
                  (A) $157,037,000 for fiscal year 1998 and 
                $161,748,000 for fiscal year 1999 for Life Sciences;
                  (B) $100,954,000 for fiscal year 1998 and 
                $103,983,000 for fiscal year 1999 for Environmental 
                Processes;
                  (C) $66,435,000 for fiscal year 1998 and $68,428,000 
                for fiscal year 1999 for Environmental Remediation;
                  (D) $43,112,000 for fiscal year 1998 and $44,405,000 
                for fiscal year 1999 for Medical Applications and 
                Measurement Sciences; and
                  (E) $1,000,000 for fiscal year 1998 and $1,000,000 
                for fiscal year 1999 for the United States-Mexico 
                Foundation for Science for research on biosciences and 
                the environment,

        except that, notwithstanding subparagraphs (A) through (E), the 
        total amount which may be appropriated under this paragraph 
        shall not exceed the overall sums stated at the beginning of 
        this paragraph;
          (4) $240,000,000 for fiscal year 1998 and $240,000,000 for 
        fiscal year 1999 shall be for Fusion Energy Sciences, of which 
        $5,000,000 for fiscal year 1998 and $5,000,000 for fiscal year 
        1999 shall be for General Plasma Science;
          (5) $659,812,000 for fiscal year 1998 and $678,888,000 for 
        fiscal year 1999 shall be for Basic Energy Sciences, 
        including--
                  (A) $391,047,000 for fiscal year 1998 and 
                $402,060,000 for fiscal year 1999 for Materials 
                Sciences, of which not to exceed $5,000,000 for each 
                such fiscal year may be used for the High Flux Beam 
                Reactor at Brookhaven National Laboratory;
                  (B) $199,933,000 for fiscal year 1998 and 
                $205,931,000 for fiscal year 1999 for Chemical 
                Sciences;
                  (C) $41,371,000 for fiscal year 1998 and $42,612,000 
                for fiscal year 1999 for Engineering and Geosciences; 
                and
                  (D) $27,461,000 for fiscal year 1998 and $28,285,000 
                for fiscal year 1999 for Energy Biosciences;
          (6) $140,907,000 for fiscal year 1998 and $145,134,000 for 
        fiscal year 1999 shall be for Computational and Technology 
        Research, including--
                  (A) $117,490,000 for fiscal year 1998 and 
                $121,014,000 for fiscal year 1999 for Mathematical, 
                Information, and Computational Sciences;
                  (B) $15,829,000 for fiscal year 1998 and $16,304,000 
                for fiscal year 1999 for Laboratory Technology 
                Research; and
                  (C) $7,588,000 for fiscal year 1998 and $7,816,000 
                for fiscal year 1999 for Advanced Energy Projects;
          (7) $1,500,000 for fiscal year 1998 and $1,500,000 for fiscal 
        year 1999 shall be for Energy Research Analysis;
          (8) $29,070,000 for fiscal year 1998 and $27,434,000 for 
        fiscal year 1999 shall be for Energy Research-Energy Supply 
        Program Direction; and
          (9) $100,233,000 for fiscal year 1998 and $95,606,000 for 
        fiscal year 1999 shall be for Field Operations.
  (b) Energy Assets Acquisition.--There are authorized to be 
appropriated to the Secretary for the purchase, construction, 
expansion, and acquisition of real plant, property, and other physical 
assets for energy supply research and development activities, 
$34,885,000 for fiscal year 1998 and $29,432,000 for fiscal year 1999, 
of which--
          (1) for Solar and Renewable Resources Technology, $2,200,000 
        for fiscal year 1998 shall be for completion of Project 96-E-
        100, Field Test Laboratory Building Renovation and Expansion, 
        National Renewable Energy Laboratory;
          (2) for Nuclear Energy, $4,425,000 for fiscal year 1998 and 
        $6,425,000 for fiscal year 1999 shall be for completion of 
        Project 95-E-201, Test Reactor Area Fire and Life Safety 
        Improvements, Idaho National Engineering and Environmental 
        Laboratory;
          (3) for Basic Energy Sciences, $7,000,000 for fiscal year 
        1998 and $4,000,000 for fiscal year 1999 for completion of 
        Project 96-E-300, Combustion Research Facility, Phase II, 
        Sandia National Laboratories, Livermore, California; and
          (4) for Multiprogram Energy Laboratories-Facilities Support, 
        $21,260,000 for fiscal year 1998 and $19,007,000 for fiscal 
        year 1999 for--
                  (A) Project MEL-001, Multiprogram Energy Laboratories 
                Infrastructure Project, Various Locations, $7,259,000 
                for fiscal year 1998 and $12,161,000 for fiscal year 
                1999;
                  (B) Project 96-E-333, Multiprogram Energy 
                Laboratories Upgrades, Various Locations, $5,273,000 
                for fiscal year 1998 and $268,000 for fiscal year 1999;
                  (C) Project 95-E-308, Sanitary System Modifications, 
                Phase II, Brookhaven National Laboratory, Upton, New 
                York, $568,000 for fiscal year 1998;
                  (D) Project 95-E-307, Fire Safety Improvements-Phase 
                III, Argonne National Laboratory, Argonne, Illinois, 
                $718,000 for fiscal year 1998;
                  (E) Project 95-E-301, Central Heating Plant 
                Rehabilitation-Phase I, Argonne National Laboratory, 
                Argonne, Illinois, $3,442,000 for fiscal year 1998; and
                  (F) Project 94-E-363, Roofing Improvements, Oak Ridge 
                National Laboratory, Oak Ridge, Tennessee, $4,000,000 
                for fiscal year 1998 and $6,578,000 for fiscal year 
                1999.
  (c) General Science and Research Activities.--There are authorized to 
be appropriated to the Secretary for General Science and Research 
Activities operating expenses and capital equipment--
          (1) $865,210,000 for fiscal year 1998 (reduced by $15,000,000 
        to reflect the use of prior year balances), including--
                  (A) $599,185,000 for High Energy Physics;
                  (B) $256,525,000 for Nuclear Physics; and
                  (C) $9,500,000 for Program Direction; and
          (2) $941,000,000 for fiscal year 1999, including--
                  (A) $607,645,000 for High Energy Physics;
                  (B) $324,330,000 for Nuclear Physics; and
                  (C) $9,025,000 for Program Direction.
None of the funds authorized for High Energy Physics by this subsection 
or subsection (d) may be used for the Large Hadron Collider project, 
unless the Secretary, in consultation with the Director of the National 
Science Foundation, has transmitted to the Committee on Science of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the impacts of such funding on the 
operations and viability of United States high energy and nuclear 
physics facilities.
  (d) Science Assets Acquisition.--There are authorized to be 
appropriated to the Secretary for the purchase, construction, 
expansion, and acquisition of real plant, property, and other physical 
assets for general science and research activities, $126,870,000 for 
fiscal year 1998, of which--
          (1) $50,850,000 shall be for High Energy Physics, including--
                  (A) $30,950,000 for completion of Project 92-G-302, 
                Fermilab Main Injector, Fermi National Accelerator 
                Laboratory, Illinois;
                  (B) $9,400,000 for completion of Project 97-G-303, 
                Stanford Linear Accelerator Center Master Station 
                Upgrade, California;
                  (C) $5,500,000 for architectural engineering and 
                technical design work for Project 98-G-304, Neutrinos 
                at the Main Injector, Fermi National Accelerator 
                Laboratory, Illinois; and
                  (D) $5,000,000 for completion of Project 98-G-305, 
                Fermilab C-Zero Area Experimental Hall, Fermi National 
                Accelerator Laboratory, Illinois; and
          (2) $76,020,000 shall be for Nuclear Physics, for completion 
        of Project 91-G-300, Relativistic Heavy Ion Collider, 
        Brookhaven National Laboratory, Upton, New York.
  (e) Fossil Energy Research and Development.--There are authorized to 
be appropriated to the Secretary for Fossil Energy Research and 
Development operating expenses, capital equipment, and construction, 
$335,919,000 for fiscal year 1998 and $335,250,000 for fiscal year 
1999, of which--
          (1) $105,831,000 for fiscal year 1998 and $104,206,000 for 
        fiscal year 1999 shall be for Coal operating expenses, 
        including--
                  (A) $5,064,000 for fiscal year 1998 and $5,064,000 
                for fiscal year 1999 for Coal Preparation;
                  (B) $5,816,000 for fiscal year 1998 and $5,816,000 
                for fiscal year 1999 for Direct Liquefaction;
                  (C) $4,223,000 for fiscal year 1998 and $4,223,000 
                for fiscal year 1999 for Indirect Liquefaction;
                  (D) $741,000 for fiscal year 1998 and $741,000 for 
                fiscal year 1999 for Advanced Clean Fuels Research 
                Advanced Research and Environmental Technology;
                  (E) $5,462,000 for fiscal year 1998 and $5,462,000 
                for fiscal year 1999 for Advanced Pulverized Coal-Fired 
                Powerplant;
                  (F) $10,927,000 for fiscal year 1998 and $10,927,000 
                for fiscal year 1999 for Indirect Fired Cycle;
                  (G) $22,342,000 for fiscal year 1998 and $20,717,000 
                for fiscal year 1999 for High-Efficiency-Integrated 
                Gasification Combined Cycle;
                  (H) $17,875,000 for fiscal year 1998 and $17,875,000 
                for fiscal year 1999 for High-Efficiency Pressurized 
                Fluidized Bed;
                  (I) $9,734,000 for fiscal year 1998 and $9,734,000 
                for fiscal year 1999 for Advanced Clean/Efficient Power 
                Systems Advanced Research and Environmental Technology; 
                and
                  (J) $23,647,000 for fiscal year 1998 and $23,647,000 
                for fiscal year 1999 for Advanced Research and 
                Technology Development;
          (2) $47,419,000 for fiscal year 1998 and $46,464,000 for 
        fiscal year 1999 shall be for Oil Technology operating 
        expenses, including--
                  (A) $31,157,000 for fiscal year 1998 and $31,157,000 
                for fiscal year 1999 for Exploration and Production 
                Supporting Research;
                  (B) $3,931,000 for fiscal year 1998 and $3,931,000 
                for fiscal year 1999 for Recovery Field Demonstrations;
                  (C) $6,411,000 for fiscal year 1998 and $5,456,000 
                for fiscal year 1999 for Exploration and Production 
                Environmental Research; and
                  (D) $5,920,000 for fiscal year 1998 and $5,920,000 
                for fiscal year 1999 for Processing Research and 
                Downstream Operations;
          (3) $85,877,000 for fiscal year 1998 and $85,877,000 for 
        fiscal year 1999 shall be for Gas operating expenses, 
        including--
                  (A) $14,123,000 for fiscal year 1998 and $14,123,000 
                for fiscal year 1999 for Natural Gas Research 
                Exploration and Production;
                  (B) $993,000 for fiscal year 1998 and $993,000 for 
                fiscal year 1999 for Natural Gas Research Delivery and 
                Storage;
                  (C) $31,379,000 for fiscal year 1998 and $31,379,000 
                for fiscal year 1999 for Natural Gas Research Advanced 
                Turbine Systems;
                  (D) $4,808,000 for fiscal year 1998 and $4,808,000 
                for fiscal year 1999 for Natural Gas Research 
                Utilization;
                  (E) $4,617,000 for fiscal year 1998 and $4,617,000 
                for fiscal year 1999 for Natural Gas Research 
                Environmental Research/Regulatory Analysis;
                  (F) $1,210,000 for fiscal year 1998 and $1,210,000 
                for fiscal year 1999 for Fuel Cells Advanced Research;
                  (G) $16,335,000 for fiscal year 1998 and $16,335,000 
                for fiscal year 1999 for Fuel Cells Molten Carbonate 
                Systems to continue cost-shared cost reduction and 
                performance improvement of one system; and
                  (H) $12,412,000 for fiscal year 1998 and $12,412,000 
                for fiscal year 1999 for Fuel Cells Advanced Concepts;
          (4) $61,783,000 for fiscal year 1998 and $62,494,000 for 
        fiscal year 1999 shall be for Program Direction and Management 
        Support operating expenses, including--
                  (A) $13,676,000 for fiscal year 1998 and $12,992,000 
                for fiscal year 1999 for Headquarters Program 
                Direction; and
                  (B) $48,107,000 for fiscal year 1998 and $49,502,000 
                for fiscal year 1999 for Energy Technology Center 
                Program Direction;
          (5) $2,000,000 for fiscal year 1998 and $2,000,000 for fiscal 
        year 1999 shall be for Plant and Capital Equipment, for 
        construction of General Plant Projects;
          (6) $5,836,000 for fiscal year 1998 and $5,836,000 for fiscal 
        year 1999 shall be for Cooperative Research and Development 
        operating expenses;
          (7) $2,173,000 for fiscal year 1998 and $2,173,000 for fiscal 
        year 1999 shall be for Fuels Conversion, Natural Gas, and 
        Electricity operating expenses; and
          (8) $25,000,000 for fiscal year 1998 and $30,000,000 for 
        fiscal year 1999 shall be for a Fossil Energy Science 
        Initiative to be managed by the Director of the Office of 
        Energy Research, in consultation with the Assistant Secretary 
        for Fossil Energy on the goals and priorities of the 
        initiative, for grants to be competitively awarded and subject 
        to peer review for research relating to fossil energy.
Notwithstanding paragraphs (1) through (8), the total amount which may 
be appropriated under this subsection shall not exceed the overall sums 
stated at the beginning of this subsection;
  (f) Energy Conservation Research and Development.--There are 
authorized to be appropriated to the Secretary for Energy Conservation 
Research and Development operating expenses and capital equipment, 
$414,208,000 for fiscal year 1998 (reduced by $20,000,000 to reflect 
the use of prior year balances) and $436,703,000 for fiscal year 1999, 
of which--
          (1) $41,004,000 for fiscal year 1998 and $40,230,000 for 
        fiscal year 1999 shall be for the Building Technology, State 
        and Community Sector (Non-Grants), including--
                  (A) $8,762,000 for fiscal year 1998 and $8,762,000 
                for fiscal year 1999 for Building Systems Design for 
                Building America Program;
                  (B) $20,550,000 for fiscal year 1998 and $20,250,000 
                for fiscal year 1999 for Building Equipment and 
                Materials; and
                  (C) $11,692,000 for fiscal year 1998 and $11,218,000 
                for fiscal year 1999 for Management and Planning;
          (2) $125,380,000 for fiscal year 1998 and $125,048,000 for 
        fiscal year 1999 shall be for the Industry Sector, including--
                  (A) $55,660,000 for fiscal year 1998 and $55,660,000 
                for fiscal year 1999 for Industries of the Future 
                (Specific);
                  (B) $39,120,000 for fiscal year 1998 and $39,120,000 
                for fiscal year 1999 for Industries of the Future 
                (Crosscutting);
                  (C) $23,950,000 for fiscal year 1998 and $23,950,000 
                for fiscal year 1999 for Technology Access; and
                  (D) $6,650,000 for fiscal year 1998 and $6,318,000 
                for fiscal year 1999 for Management and Planning;
          (3) $176,876,000 for fiscal year 1998 and $176,525,000 for 
        fiscal year 1999 shall be for the Transportation Sector, 
        including--
                  (A) $124,046,000 for fiscal year 1998 and 
                $124,046,000 for fiscal year 1999 for Advanced 
                Automotive Technologies;
                  (B) $18,000,000 for fiscal year 1998 and $18,000,000 
                for fiscal year 1999 for Advanced Heavy Vehicle 
                Technologies;
                  (C) $30,500,000 for fiscal year 1998 and $30,500,000 
                for fiscal year 1999 for Transportation Materials 
                Technologies; and
                  (D) $7,030,000 for fiscal year 1998 and $6,679,000 
                for fiscal year 1999 for Implementation and Program 
                Management,
        except that, notwithstanding subparagraphs (A) through (D), the 
        total amount which may be appropriated under this paragraph 
        shall not exceed the overall sums stated at the beginning of 
        this paragraph;
          (4) $20,948,000 for fiscal year 1998 and $19,900,000 for 
        fiscal year 1999 shall be for Policy and Management; and
          (5) $50,000,000 for fiscal year 1998 and $75,000,000 for 
        fiscal year 1999 shall be for an Energy Efficiency Science 
        Initiative to be managed by the Director of the Office of 
        Energy Research, in consultation with the Assistant Secretary 
        for Energy Efficiency and Renewable Energy on the goals and 
        priorities of the initiative, for grants to be competitively 
        awarded and subject to peer review for research relating to 
        energy efficiency.

SEC. 4. FUNDING LIMITATIONS.

  None of the funds authorized by this Act for fiscal year 1998 or 
fiscal year 1999 may be used for the following programs, projects, and 
activities, except to fulfill contractual obligations:
          (1) Nuclear Energy Advanced Light Water Reactor.
          (2) Nuclear Energy Commercial Reactor.
          (3) Nuclear Energy Security.
          (4) Nuclear Energy Termination Costs Gas Turbine-Modular 
        Helium Reactor.
          (5) Nuclear Energy Termination Costs Advanced Light Water 
        Reactor.
          (6) Fossil Energy Research and Development Advanced Research 
        and Technology Development Coal Technology Export.

SEC. 5. NATIONAL ACADEMY OF SCIENCES REPORTS.

  (a) High Energy and Nuclear Physics.--The Secretary shall enter into 
appropriate arrangements with National Academy of Sciences for the 
Academy to prepare a report on the high energy and nuclear physics 
activities of the Department, assuming a combined budget of 
$977,080,000 for all activities authorized under section 3 (c) and (d) 
for fiscal year 1998, and $941,000,000 for each of the fiscal years 
1999, 2000, 2001, and 2002. The report shall include--
          (1) a priority list of research opportunities, including both 
        ongoing and proposed activities;
          (2) an analysis of the relevance of each research facility to 
        the research opportunities listed under paragraph (1);
          (3) recommendations for the optimal balance among facility 
        operations, construction, and research support and the optimal 
        balance between university and laboratory research programs; 
        and
          (4) recommended schedules for the continuation, 
        consolidation, or termination of each research program, and 
        continuation, upgrade, transfer, or closure of each research 
        facility.
Not later than December 31, 1997, 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 the report prepared under 
this subsection.
  (b) Basic Energy Sciences.--(1) The Secretary shall enter into 
appropriate arrangements with the National Academy of Sciences for the 
Academy to prepare a report on the basic energy sciences activities of 
the Department, based on the following three budget options for the 
entire Basic Energy Sciences account and all related research and 
energy asset activities:
          (A) Provision of $683,000,000 for each of the fiscal years 
        1999 through 2002.
          (B) Provision of $683,000,000 for fiscal year 1999, and an 
        amount reflecting a three percent reduction in each year 
        thereafter through fiscal year 2002.
          (C) Provision of $683,000,000 for fiscal year 1999, and an 
        amount reflecting a three percent increase in each year 
        thereafter through fiscal year 2002.
  (2) None of the figures described in paragraph (1)(A) through (C) 
shall be altered to reflect inflationary allowances. The report shall 
include--
          (A) a priority list of research opportunities, including both 
        ongoing and proposed activities;
          (B) an analysis of the relevance of each research facility to 
        the research opportunities listed under subparagraph (A);
          (C) recommendations for the optimal balance among facility 
        operations, construction, and research support and the optimal 
        balance between university and laboratory research programs; 
        and
          (D) recommended schedules for the continuation, 
        consolidation, or termination of each research program, and 
        continuation, upgrade, transfer, or closure of each research 
        facility.
Not later than December 31, 1997, 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 the report prepared under 
this paragraph.
  (c) National Spallation Neutron Source.--The Secretary shall enter 
into appropriate arrangements with National Academy of Sciences for the 
Academy to prepare a report containing a detailed evaluation of the 
costs of construction and operation of the National Spallation Neutron 
Source at alternative appropriate sites, including at least the Argonne 
National Laboratory, the Brookhaven National Laboratory, the Los Alamos 
National Laboratory, and the Oak Ridge National Laboratory. Such report 
shall also include an identification of other advantages and 
disadvantages of each site evaluated. Not later than December 31, 1997, 
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 the report prepared under this subsection. Along with such 
report, the Secretary shall include a recommendation from the 
Department for the preferred site that will meet its program criteria, 
taking into consideration the effect of delay on neutron science work, 
existing expertise in the field of neutron science, affiliations with 
institutions of higher education in neutron science, and State 
allocations or commitments to facilities.

SEC. 6. NEXT GENERATION INTERNET.

  None of the funds authorized by this Act, or any other Act enacted 
before the date of the enactment of this Act, may be used for the Next 
Generation Internet. Notwithstanding the previous sentence, funds may 
be used for the continuation of programs and activities that were 
funded and carried out during fiscal year 1997.

SEC. 7. LIMITATIONS.

  (a) Prohibition of Lobbying Activities.--None of the funds authorized 
by this Act shall be available for any activity whose purpose is to 
influence legislation pending before the Congress, except that this 
subsection shall not prevent officers or employees of the United States 
or of its departments or agencies from communicating to Members of 
Congress on the request of any Member or to Congress, through the 
proper channels, requests for legislation or appropriations which they 
deem necessary for the efficient conduct of the public business.
  (b) Limitation on Appropriations.--No sums are authorized to be 
appropriated to the Secretary for fiscal years 1998 and 1999 for the 
activities for which sums are authorized by this Act, unless such sums 
are specifically authorized to be appropriated by this Act.
  (c) Eligibility for Awards.--
          (1) In general.--The Secretary shall exclude from 
        consideration for grant agreements made by the Department after 
        fiscal year 1997 any person who received funds, other than 
        those described in paragraph (2), appropriated for a fiscal 
        year after fiscal year 1997, under a grant agreement from any 
        Federal funding source for a project that was not subjected to 
        a competitive, merit-based award process. Any exclusion from 
        consideration pursuant to this subsection shall be effective 
        for a period of 5 years after the person receives such Federal 
        funds.
          (2) Exception.--Paragraph (1) 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.
          (3) Definition.--For purposes of this subsection, 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. 8. NOTICE.

  (a) Notice of Reprogramming.--If any funds authorized by this Act are 
subject to a reprogramming action that requires notice to be provided 
to the Appropriations Committees of the House of Representatives and 
the Senate, notice of such action shall concurrently be provided to the 
Committees on Science and Commerce of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate.
  (b) Notice of Reorganization.--The Secretary shall provide notice to 
the Committees on Science, Commerce, and Appropriations of the House of 
Representatives, and the Committees on Energy and Natural Resources and 
Appropriations of the Senate, not later than 15 days before any major 
reorganization of any program, project, or activity of the Department.

SEC. 9. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

  With the year 2000 fast approaching, it is the sense of Congress that 
the Department should--
          (1) give high priority to correcting all 2-digit date-related 
        problems in its computer systems to ensure that those systems 
        continue to operate effectively in the year 2000 and beyond;
          (2) assess immediately the extent of the risk to the 
        operations of the Department posed by the problems referred to 
        in paragraph (1), and plan and budget for achieving Year 2000 
        compliance for all of its mission-critical systems; and
          (3) develop contingency plans for those systems that the 
        Department is unable to correct in time.

SEC. 10. BUY AMERICAN.

  (a) Compliance With Buy American Act.--No funds appropriated 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'').
  (b) Sense of Congress.--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 Congress that entities receiving 
such assistance should, in expending the assistance, purchase only 
American-made equipment and products.
  (c) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of Energy shall provide to 
each recipient of the assistance a notice describing the statement made 
in subsection (a) by the Congress.

                          purpose and summary

    The purpose of H.R. 1277, the Department of Energy Civilian 
Research and Development Act of 1997, is to authorize 
appropriations for Fiscal Years 1998 and 1999 for Department of 
Energy (DOE) civilian scientific research and technology 
development activities. These activities include: energy supply 
research and development; biological and environmental 
research; general science and research; fossil energy research 
and development; energy conservation research and development; 
and Departmental asset acquisitions.

                  background and need for legislation

    The Department of Energy conducts a host of research and 
development activities, ranging from nuclear weapons 
development and national energy security to biomedical research 
and energy conservation. The general authority for this 
research and development work lies in various statutes, 
including the Department of Energy Organization Act (Public Law 
95-91), the Energy Reorganization Act of 1974 (Public Law 93-
438), and the Federal Nonnuclear Energy Research and 
Development Act of 1974 (Public Law 93-577).
    Beyond this general authority, statutes such as the Energy 
Policy Act of 1992 (Public Law 102-486) authorize numerous 
specific research and development activities. However, many of 
the research and development activities of the Department do 
not have specific authorization, or such specific authorization 
has expired or will expire by the turn of the century. H.R. 
1277 establishes specific direction for a variety of research 
and development activities, and prohibits the Department from 
pursuing activities in several currently authorized areas.
    After its consideration by the Committee on Science, H.R. 
1277 was referred sequentially to the Committee on Commerce for 
consideration of those provisions falling within the 
jurisdiction of the Committee pursuant to clause 1(e) of Rule X 
of the Rules of the House. A number of provisions of H.R. 1277, 
as passed by the Committee on Science, are either not 
exclusively of a scientific research or technology development 
nature and involve activities outside the jurisdiction of the 
Science Committee, or are within the shared jurisdiction of 
both the Commerce and Science Committees. Rule X states that 
the jurisdiction of the Committee on Science extends to ``all 
energy research, development, and demonstration'', 
``environmental research and development'', and ``measures 
relating to the commercial application of energy technology''. 
The Committee on Commerce has broad jurisdiction over energy 
conservation, energy resources, national energy policy, and 
general management of the Department of Energy.
    The Committee on Commerce recognizes the importance of the 
civilian research and development activities of the Department 
of Energy. The Committee also recognizes the importance of the 
non-research and development programs authorized in H.R. 1277 
as passed by the Committee on Science. The Commerce Committee 
has been conducting thorough oversight of multiple Department 
of Energy activities and feels strongly that the authorization 
for these general management responsibilities should be 
conducted separately from legislation authorizing the 
Department's more limited research and development activities.
    In order to accomplish this objective, the Committee, 
during its consideration of H.R. 1277, generally eliminated 
those provisions of the bill which are not of a research or 
development nature. The Committee adopted an Amendment in the 
Nature of a Substitute which eliminated several provisions 
solely within the jurisdiction of the Committee on Commerce, 
including Uranium Programs, Non-Defense Environmental 
Restoration and Waste Management, and Environment, Safety and 
Health.
    The Committee-approved bill retains those provisions over 
which the Committees on Commerce and Science have joint 
jurisdiction, as well as those programs within the sole 
jurisdiction of the Committee on Science. The elimination of 
provisions within the jurisdiction of the Committee on Commerce 
is not intended to be construed as a lack of endorsement of 
those programs. Similarly, since the Committee on Commerce had 
no referral of the provisions solely within the jurisdiction of 
the Committee on Science, the Commerce Committee's actions 
cannot be construed as an endorsement of those provisions. The 
legislation as reported by the Committee on Commerce simply 
attempts to more accurately define H.R. 1277 as authorizing 
those civilian activities of the Department of Energy which 
involve scientific research and technology development.

                                hearings

    The Subcommittee on Energy and Power held a hearing on H.R. 
1277, the Department of Energy Civilian Research and 
Development Act of 1997, on May 20, 1997. The Subcommittee 
received testimony from Mr. Kyle Simpson, Senior Policy Advisor 
to the Secretary, U.S. Department of Energy.

                        committee consideration

    On May 22, 1997, the Subcommittee on Energy and Power met 
in open markup session and approved H.R. 1277 for Full 
Committee consideration, amended, by a voice vote. On June 4, 
1997, the Full Committee met in open markup session and ordered 
the bill H.R. 1277 reported to the House, amended, by a voice 
vote.

                            roll call votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 1277 
reported. A motion by Mr. Bliley to order H.R. 1277 reported to 
the House, amended, was agreed to by a voice vote, a quorum 
being present.

                      committee oversight findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

              committee on government reform and oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               new budget authority and tax expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 1277, the Department of Energy Civilian Research and 
Development Act of 1997, would result in no new or increased 
budget authority or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  congressional budget office estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 6, 1997.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1277, the 
Department of Energy Civilian Research and Development Act of 
1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Kathleen 
Gramp and Kim Cawley (for federal costs) and Pepper Santalucia 
(for the state and local impact).
            Sincerely,
                                           June E. O'Neill,
                                                          Director.

               congressional budget office cost estimate

H.R. 1277--Department of Energy Civilian Research and Development Act 
        of 1997

    Summary: H.R. 1277 would authorize appropriations for 
civilian research and development programs of the Department of 
Energy (DOE) for fiscal years 1998 and 1999 and would make 
those authorizations subject to certain conditions. For 
example, some of the authorized amounts would have to be 
derived from unobligated balances of prior-year appropriations. 
Other provisions would restrict the use of funds for certain 
nuclear and fossil energy projects, for new initiatives on the 
next-generation Internet, and for U.S. participation in the 
Large Hadron Collider. DOE also would be required to revise its 
grant eligibility criteria and to fund studies by the National 
Academy of Sciences on research priorities and on the National 
Spallation Neutron Source. Recipients of DOE funding would be 
required to comply with the Buy American Act.
    Assuming the appropriation of the authorized amounts, CBO 
estimates that enacting H.R. 1277 would result in additional 
discretionary spending of $7.4 billion over the 1998-2002 
period. The legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
H.R. 1277 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1277 is shown in the following table. 
For the purposes of this estimate, CBO assumes that the amounts 
authorized in the bill will be appropriated for each year and 
that the amounts appropriated for 1998 will be consistent with 
the bill's directive to use $50 million in previously 
appropriated funds to meet the total program levels authorized 
in the bill. The table includes outlays of these previously 
appropriated amounts as spending under current law. We also 
assume that funds will be appropriated by the start of each 
fiscal year and that outlays will follow the historical 
spending patterns for these programs. CBO estimates that other 
provisions in the legislation would have no significant 
budgetary impact.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                     1996     1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending for DOE's civilian R&D programs under                                                                  
 current law:                                                                                                   
    Budget authority \1\.........................    3,709    3,723        0        0        0        0        0
    Estimated outlays............................    4,169    3,838    2,030      545       18        0        0
Proposed changes:                                                                                               
    Authorization level..........................        0        0    3,703    3,727        0        0        0
    Estimated outlays............................        0        0    1,628    3,193    2,035      552       22
Spending for DOE's civilian R&D programs under                                                                  
 H.R. 1277:                                                                                                     
    Authorization level \1\......................    3,709    3,723    3,703    3,727        0        0        0
    Estimated outlays............................    4,169    3,838    3,658    3,738    2,053      552       22
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 and 1997 levels are the amounts appropriated for that year.                                        

    The costs of this legislation fall within budget functions 
250 (general science, space, and technology) and 270 (energy).
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
The bill contains no intergovernmental mandates as defined in 
UMRA, but two provisions in the bill would affect eligibility 
for federal grants. The first would require compliance with the 
Buy American Act. The second would exclude grantees from 
consideration for awards if they have received funds under any 
other federal grant program that was not subject to a 
competitive, merit-based award process. The latter provision 
could change the allocation of funds among grant recipients, 
including state universities and colleges. CBO cannot predict 
how the share of research funding awarded to public 
universities and colleges would change because of this 
provision.
    Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On April 18, 1997, CBO prepared a 
cost estimate for H.R. 1277, as ordered reported by the House 
Committee on Science on April 16, 1997. The Commerce 
Committee's version of the bill would authorize $1.8 billion 
less than the Science Committee's version over the 1998-2002 
period, primarily because it would authorize appropriations for 
fewer programs.
    Estimate prepared by: Federal Costs: Kathleen Gramp and Kim 
Cawley and Impact on State, Local, and Tribal Governments: 
Pepper Santalucia.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    This section designates the short title of the Act as the 
``Department of Energy Civilian Research and Development Act of 
1997.''

Section 2. Definitions

    The section provides definitions for certain terms within 
the Act.

Section 3. Authorization of appropriations.

    This section establishes authorization for fiscal years 
1998 and 1999 for spending by the Department of Energy on 
scientific research and development within the jurisdictions of 
the Committee on Commerce and the Committee on Science. A total 
of $3.703 billion is authorized for Fiscal Year 1998 and $3.726 
billion for Fiscal Year 1999 for civilian research and 
development activities of the Department of Energy. A more 
detailed breakdown of this spending is included as table I.


    The Committee recognizes that Program Direction, Management 
and Planning, Program Management, Landlord Costs, and related 
provisions are general management activities of the Department 
unrelated to specific research and development activities.
            Energy supply research and development
    The bill authorizes a total of $1,961,182,000 for Fiscal 
Year 1998 and $1,984,201,000 for Fiscal Year 1999 for Energy 
Supply Research and Development, which includes funding for 
solar and renewable resources technologies; nuclear energy 
programs; biological and environmental research, including 
medical applications; fusion energy sciences; basic energy 
sciences; computational and technology research; energy 
research analysis; energy research-energy supply program 
direction; and field operations.
    With respect to the authorization for Nuclear Programs, the 
Committee understands the importance of the University Nuclear 
Science and Reactor Support program, which supports the 
operation of 34 university research reactors in 25 States. Many 
of these reactors are in need of upgrades to replace outdated 
equipment. This support program assists in ensuring that these 
valuable research tools will remain available to universities 
and researchers.
    With respect to the authorization for Nuclear Energy 
Termination Costs, the Committee recognizes the importance of 
continuing the demonstration project for electrometallurgical 
technology for spent nuclear fuel as recommended by the 
National Research Council's National Academy of Science. The 
Academy asserts that this program holds great promise for 
application to the Federal government's inventory of spent 
nuclear fuel. Successful demonstration of this technology is an 
integral component of the Federal government's plan to meet its 
legal obligations to the State of Idaho as set forth in the 
Settlement Agreement with the Governor of Idaho.
    The Biological and Environmental Research program contains 
several valuable initiatives worthy of continued support. The 
Department of Energy's expertise in molecular biology in 
studying the health effects of energy use gives it a unique 
capability to assist with the work of the Human Genome Project. 
Its work on molecular disruptions caused by radiological 
exposures is also an important scientific endeavor. In its 
efforts on Medical Applications and Measurement Sciences, the 
Department is progressing with clinical trials for boron 
neutron capture therapy, which has great promise for cancer and 
tumor treatment. However, the Committee has strong concerns 
that the U.S. taxpayer receive a return on its investment for 
these activities, and encourages the Department to assess its 
procedures in two areas. First, the Department should determine 
whether it should be reimbursed for the work it does on behalf 
of other agencies. This would ensure that Departmental 
activities are funded by those entities receiving the primary 
benefit of those activities. Second, the Department should 
assess the role of patents on its publicly-developed 
technologies to ensure that the U.S. taxpayer, through 
royalties on the use of these technologies, benefits from their 
development.
    With respect to the authorization for Field Operations, the 
Committee recognizes the importance and role of these Field 
Offices, located in California, Idaho, Illinois, and Tennessee. 
The Committee supports full funding for this activity.
            Energy assets acquisition
    The Committee recommends $34,885,000 for Fiscal Year 1998 
and $29,432,000 for Fiscal Year 1999 for Energy Assets 
Acquisition, which authorizes the Department to purchase 
physical assets for energy supply research and development 
activities.
            General science and research activities
    The bill authorizes $850,210,000 in Fiscal Year 1998 and 
$941,000,000 in Fiscal Year 1999 for general science 
activities, including high energy physics and nuclear physics 
research.
            Science assets acquisition
    The bill authorizes $126,870,000 in Fiscal Year 1998 for 
the Department to purchase physical assets in support of 
general science activities.
            Fossil energy research and development
    The Committee recommends $335,919,000 for Fiscal Year 1998 
and $335,250,000 for Fiscal Year 1999 for Fossil Energy 
Research and Development. The Department is authorized to carry 
out a number of activities for the advanced exploration of 
fossil energy sources, research and development of pollution 
reduction technologies, and greater energy efficiency for coal, 
oil, and gas.
    With respect to the authorization for Coal Operating 
Expenses/Advanced Research and Technology Development, the 
Committee recognizes the importance of this program's 
analytical support for the implementation of fossil-related 
provisions of the Energy Policy Act of 1992, and encourages the 
Department to complete, in a timely fashion, those activities 
necessary to allow U.S. entities to fully comply with the 
requirements of the Energy Policy Act.
    The Committee understands that activities under the Oil 
Technology Exploration and Production Environmental Research 
program include cooperative efforts between the Department, 
States, Indian tribes, and Federal agencies to streamline 
environmental regulations and regulatory processes. 
Consolidation of regulations and the reduction of regulatory 
burden on individuals is crucial to an effective functioning of 
intergovernmental processes. The Committee supports these 
efforts while recognizing that the overall environmental 
protection and statutory requirements should not be 
compromised.
    Similarly, with respect to the authorization for Gas 
Operating Expenses/Natural Gas Research Environmental Research/
Regulatory Analyses, the Committee recognizes the value of 
efforts to identify challenges to compliance with environmental 
statutes in natural gas production activities. The Committee 
also notes that this account is funding activities on the 
treatment and disposal of naturally occurring radioactive 
materials (NORM) associated with natural gas production.
    With respect to the authorization for Cooperative Research 
and Development operating expenses, the Committee notes that 
the Western Research Institute, located in Laramie, Wyoming, is 
actively involved in important fossil energy research and 
development, as well as technology transfer, under an ongoing 
cooperative agreement with the Department. Central to the 
Western Research Institute's activities are its efforts to 
enhance the domestic production of, and to improve the 
utilization of, our Nation's fossil fuels. With cost sharing 
from non-Federal sources at greater than 60 percent, the 
Institute has shown that its work produces key private sector 
support and involvement. The Committee understands that the 
Western Research Institute has traditionally received about 50 
percent of the amounts authorized under Cooperative Research 
and Development operating expenses, and encourages the 
Department to continue funding the Laramie site with at least 
50 percent of the total authorization in Fiscal Years 1998 and 
1999.
            Energy conservation research and development
    The Committee authorizes $394,208,000 in Fiscal Year 1998 
and $436,703,000 in Fiscal Year 1999 for Energy Conservation 
Research and Development. This funding is important for a 
variety of energy conservation activities, from building 
technologies to transportation improvements. Additionally, it 
includes funding for activities to implement conservation 
technologies and promote energy efficiency. The Committee 
recognizes the importance of these activities, especially in 
the Department's work associated with rulemakings required 
under the Energy Policy and Conservation Act (Public Law 94-
163, as amended).

Section 4. Funding limitations

    This section provides that no funding authorized under this 
Act may be utilized for the following Departmental activities:
          1. Nuclear Energy Advanced Light Water Reactor;
          2. Nuclear Energy Commercial Sector;
          3. Nuclear Energy Security;
          4. Nuclear Energy Termination Costs Gas Turbine-
        Modular Helium Reactor;
          5. Nuclear Energy Termination Costs Advanced Light 
        Water Reactor; and
          6. Fossil Energy Research and Development Advanced 
        Research and Technology Development Coal Technology 
        Export.

Section 5. National Academy of Sciences reports

    This section requires the Secretary of Energy to enter into 
arrangements with the National Academy of Sciences to report on 
three areas of DOE's research and development activities as 
follows:
          1. high energy and nuclear physics;
          2. basic energy sciences; and
          3. the National Spallation Neutron Source.

Section 6. Next Generation Internet

    This section prohibits the use of funds in Fiscal Years 
1998 and 1999 for the establishment or operation of the Next 
Generation Internet.

Section 7. Limitations

    This section prohibits the use of any funds authorized to 
be appropriated by this Act to be utilized for purposes of 
influencing legislation pending before Congress. Further, the 
language limits appropriations to those sums authorized under 
this Act. The Secretary is prohibited from considering for 
grants those applicants who received funds from a Federal grant 
agreement from any project which was not subject to a 
competitive, merit-based award process, and provides a specific 
exception to the requirement.

Section 8. Notice

    This section requires the notification of Congress, 
including the House Committees on Commerce, Science, and 
Appropriations, if any funds authorized by the Act are subject 
to a reprogramming request or of any major reorganization of 
any program, project or activity of the Department.

Section 9. Sense of Congress on the year 2000 problem

    The section provides a sense of Congress statement that the 
Department should quickly address possible two-digit date-
related problems with its computer systems which could occur as 
a result of the turn of the century. The Committee recognizes 
that the problems associated with the Department's older 
computer equipment pose a significant potential threat to its 
ability to carry out its responsibilities, and strongly 
encourages the Department to take aggressive and responsible 
steps to ensure that no disruption in Departmental activities 
results from computer difficulties associated with the coming 
of the year 2000.

Section 10. Buy American

    This section requires that any funds appropriated under the 
Act be expended only if the entity expending such 
appropriations complies with the ``Buy American Act,'' and 
expresses the sense of Congress that, in the case of equipment 
or products purchased with financial assistance provided under 
this Act, such equipment or products be of American 
manufacture.

         Changes in Existing Law Made by the Bill, as Reported

    This legislation does not amend any existing Federal 
statute.
                            ADDITIONAL VIEWS

    During the House Commerce Committee's mark-up of H.R. 1277, 
the Department of Energy (DOE) Civilian Research and 
Development Act, I had intended to offer an amendment which 
would have reorganized, consolidated, and corporatized the 
DOE's national laboratories through an independent commission 
which would have applied the DOE's own internal 
recommendations.
    Although I decided not to offer my amendment because I 
wanted to avoid any uncertainty about whether or not it was 
germane, I plan to offer this amendment on the floor because I 
believe that we must reassess programs like the DOE labs when 
their own internal reviews and studies by several other groups 
have found waste, mismanagement, duplication, as well as 
unclear and expanded missions well beyond the traditional focus 
of the labs.
    The DOE's own review found an oversized system. In 1995, 
the DOE's Galvin Task Force reported to Energy Secretary 
O'Leary and President Clinton that ``the national laboratory 
system is oversized'' and that ``the system could be 
downsized.'' The task force concluded, however, that there was 
``an apparent inability by the Department either to downsize 
facilities which have excess capacity or to terminate 
programs.''
    An independent commission is a proven model. Congress used 
the independent base closure commission in the early 1990s to 
carefully examine, reorganize, and close military bases. 
Several communities which once were dependent on military bases 
now have new jobs and new industries. Since the political will 
to make tough decisions regarding the DOE labs has been hard to 
find, it's time to step in and pass legislation appointing a 
non-partisan, non-political commission to help get the DOE labs 
back on track.
    The DOE should define and continue its basic research. The 
National Energy Labs originally grew out of the Manhattan 
Project to further the design and development of nuclear energy 
weapons. Over the years, the research and missions of the labs 
expanded to include competitive weapons as well as any other 
energy related programs justified by national crises. As co-
chair and co-founder of the House Renewable Fuels Caucus, I 
believe that basic energy research should continue. As tight 
budgets threaten the funding of programs like Head Start and 
WIC, however, we can't afford to fund projects that are beyond 
the labs' traditional scope.
    GAO and DOE found that federal labs weren't as good as 
private ones. According to the DOE's own Inspector General, 
commercial labs perform commercial services better and at less 
cost than federal labs working on the same projects. According 
to the GAO, more than half of the Energy Department's routine 
environmental analyses could be performed at lower costs by 
commercial labs. And, DOE labs currently compete against each 
other and against private labs for commercial work. We can save 
money by letting commercial labs perform higher quality 
research at lower costs.
    Several groups have endorsed reorganizing, consolidating, 
privatizing and eliminating DOE labs including former 
Secretaries of the DOE and several taxpayer watchdog groups. 
Overall, I believe the DOE labs are a perfect example of 
taxpayer dollars being thrown down the drain by an agency 
trying to justify their existence. If we are ever going to 
balance the federal budget, we have to reassess programs like 
this one and limit them to their traditional focus of national 
security and basic energy research.

                                                        Scott Klug.

                                
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