PlainBillCongress, translated.Legislation. Context. Public interest.Placed on the Union Calendar, Calendar No. 367.
Congressional Research Service
Version 18 · Reported to House amended, Part I · Feb 3, 2000
Department of Energy Commercial Application of Energy Technology Authorization Act of 1999 - Authorizes appropriations to the Secretary of Energy for FY 2000 and 2001 for commercial application of energy technology and energy research, development, and demonstration programs related to: (1) energy supply; (2) non-defense environmental management; (3) fossil energy; and (4) energy conservation.(Sec. 4) Authorizes reprogramming of Department of Energy (DOE) funds for any authorized DOE civilian energy or scientific research, development, or demonstration or commercial application of energy technology programs, projects, or activities (DOE civilian programs), subject to certain reporting requirements. Requires notice to specified congressional committees before any major reorganization of any DOE civilian program.(Sec. 5) Permits DOE to provide funding, with respect to programs and activities described by this Act, 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.(Sec. 6) Sets forth specified congressional reporting requirements for projects that exceed certain cost limits, including construction projects and those relating to conceptual or construction design.(Sec. 9) Prohibits the use of funds in the Clean Coal Technology Reserve to initiate or carry out a clean coal technology energy demonstration project based outside the United States.Bars the use of funds authorized by this Act for grants or contracts awarded by DOE to a trade association on a noncompetitive basis.(Sec. 10) Prohibits the use of funds to award management and operating contracts for federally owned or operated nonmilitary DOE energy laboratories on a noncompetitive basis, or to award or modify a DOE contract in a manner that deviates from the Federal Acquisition Regulation, unless the Secretary grants a waiver.(Sec. 12) Prohibits the use of funds by: (1) DOE to prepare or initiate Requests for Proposals for DOE civilian programs not specifically authorized by Congress; or (2) DOE civilian programs to produce or provide articles or services for purposes of selling them to a person outside the Federal Government, unless the Secretary determines that such articles or services are not available from a U.S. commercial source. Exempts from the prohibition on such sale the transmission and sale of electricity by any Federal power marketing administration.(Sec. 14) Excludes from consideration for grant agreements for DOE civilian programs described by this Act after FY 1999 any person who received funds appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a program that was not subjected to a competitive, merit-based award process. Makes such exclusions effective for a period of five years after the person receives such Federal funds.(Sec. 15) Terminates DOE regulatory or enforcement authority, effective January 1, 2000, with respect to Federal, State, and local environmental, safety, and health requirements at any federally owned or operated nonmilitary energy laboratory. Requires DOE to retain such authority at any such laboratory to the extent that no other agency has such authority.Directs the Nuclear Regulatory Commission (NRC), effective January 1, 2000, to assume DOE regulatory and enforcement authorities under the Atomic Energy Act of 1954 with regard to federally owned or operated nonmilitary energy laboratories. Provides that contractors operating such facilities shall not be responsible for the costs of decommissioning them. Prohibits enforcement actions against such contractors for violations of NRC decommissioning requirements if the violation is the result of a DOE failure to authorize or fund decommissioning activities. Requires the NRC and DOE to enter into a memorandum of understanding establishing decommissioning requirements for such laboratories.Directs the Occupational Safety and Health Administration (OSHA), effective January 1, 2000, to assume DOE regulatory and enforcement responsibilities relating to matters covered by the Occupational Safety and Health Act of 1970 with regard to all federally owned or operated nonmilitary energy laboratories. Requires the NRC and OSHA to enter into a memorandum of understanding to govern their respective authorities over occupational safety and health hazards at such laboratories.Absolves a DOE contractor operating a federally owned or operated nonmilitary energy laboratory of liability for civil penalties under the Atomic Energy Act of 1954 or the Occupational Health and Safety Act of 1970 for any actions taken before October 1, 2000, pursuant to the transfer of regulatory and enforcement responsibilities required by this Act.Requires the Secretary to: (1) continue to indemnify such laboratories in accordance with the Atomic Energy Act of 1954; and (2) transmit a plan for termination of DOE's regulatory and enforcement responsibilities for such laboratories to specified congressional committees.(Sec. 16) Directs the Secretary to make available through the DOE Internet home page abstracts relating to all research grants and awards made with funds authorized by this Act.(Sec. 17) Declares a moratorium on the Foreign Visitors Program, during which the Secretary may not, until certain counterintelligence and safeguards and security measures are fully implemented, admit any citizen of a nation named on the current DOE List of Sensitive Countries to certain DOE-owned classified laboratory facilities.Requires the Director of the Federal Bureau of Investigation and the Secretary to transmit jointly to certain congressional committees an annual report on counterintelligence and safeguards and security activities at DOE laboratories.(Sec. 18) Instructs the Secretary to ensure: (1) consistency of technology transfer policies and procedures with respect to patenting, licensing, and commercialization; (2) availability of alternative modes of dispute resolution, mediation, and negotiation with respect to technology transfer and intellectual property matters; (3) annual reports to the Secretary on technology transfer and intellectual property successes, disputes, and subsequent resolution; and (4) laboratory personnel training on legal, procedural, and ethical issues affecting patenting, licensing, and commercialization activities.(Sec. 19) Amends the Atomic Energy Act of 1954 to set forth civil monetary penalties for violations of DOE regulations regarding security of classified or sensitive information or data.(Sec. 20) Directs the Secretary to establish a whistleblower protection program to ensure against reprisal actions against a DOE or contractor employee for disclosing evidence of a certain violations.(Sec. 21) Sets forth procedural guidelines governing the investigation and remediation of alleged reprisals for disclosure of certain information to Congress.
People & committees
Rep. Calvert, Ken [R-CA-43] · R–CA
Legislative record
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Placed on the Union Calendar, Calendar No. 367.
Committee on Education and the Workforce discharged.
Committee on Education and the Workforce discharged.
Committee on Commerce discharged.
Committee on Commerce discharged.
House Committee on Education and the Workforce Granted an extension for further consideration ending not later than June 9, 2000.
House Committee on Commerce Granted an extension for further consideration ending not later than June 9, 2000.
House Committee on Commerce Granted an extension for further consideration ending not later than June 7, 2000.
House Committee on Education and the Workforce Granted an extension for further consideration ending not later than June 7, 2000.
House Committee on Education and the Workforce Granted an extension for further consideration ending not later than May 26, 2000.
House Committee on Commerce Granted an extension for further consideration ending not later than May 26, 2000.
House Committee on Education and the Workforce Granted an extension for further consideration ending not later than April 14, 2000.
Reported (Amended) by the Committee on Science. H. Rept. 106-492, Part I.
House Committee on Commerce Granted an extension for further consideration ending not later than April 14, 2000.
Reported (Amended) by the Committee on Science. H. Rept. 106-492, Part I.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Energy and Power.
Referred to the Committee on Science, and in addition to the Committees on Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, and in addition to the Committees on Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, and in addition to the Committees on Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, and in addition to the Committees on Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
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