DEPARTMENT OF ENERGY

DEPARTMENT OF ENERGY clean coal technology For necessary expenses of, and associated with, Clean Coal Technology demonstrations pursuant to 42 U.S.C. 5901 et seq., $575,000,000 shall be made available on October 1, 1989, and shall remain available until expended: Provided, That projects selected 102 STAT. 1811pursuant to a general request for proposals issued pursuant to this appropriation shall demonstrate technologies capable of retrofitting or repowering existing facilities and shall be subject to all provisos contained under this head in Public Laws 99–190 and 100–202 as amended by this Act. The first paragraph under this head in Public Law 100–202 is amended by striking “and $525,000,000 are appropriated for the fiscal year beginning October 1, 1988” and inserting “$190,000,000 are appropriated for the fiscal year beginning October 1, 1988, and shall remain available until expended, $135,000,000 are appropriated for the fiscal year beginning October 1, 1989, and shall remain available until expended, and $200,000,000 are appropriated for the fiscal year beginning October 1, 1990”: Provided, That out lays in fiscal year 1989 resulting from the use of funds appropriated under this head in Public Law 100–202, as amended by this Act, may not exceed $15,500,000: Provided further, That these actions are taken pursuant to section 202(b)(1) of Public law 100–119 (2 U.S.C. 909). For the purposes of the sixth proviso under this head in Public Law 99–190, funds derived by the Tennessee Valley Authority from its power program are hereafter not to be precluded from qualifying as all or part of any cost-sharing requirement, except to the extent that such funds are provided by annual appropriations Acts; Provided, That unexpended balances of funds made available in the “Energy Security Reserve” account in the Treasury for The Clean Coal Technology Program by the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in section 101(d) of Public Law 99–190, shall be merged with this account: Provided further, That for the purposes of the sixth proviso in Public Law 99–190 under this heading, funds provided under section 306 of Public Law 93–32 shall be considered non-Federal: Provided further, That reports on projects selected by the Secretary of Energy pursuant to authority granted under the heading “Clean coal technology” in the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190, which are received by the Speaker of the House of Representatives and the President of the Senate prior to the end of the second session of the 100th Congress shall be deemed to have met the criteria in the third proviso of the fourth paragraph under the heading “Administrative provisions, Department Energy” in the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190, upon expiration of 30 calendar days from receipt of the report by the Speaker of the House of Representatives and the President of the Senate. fossil energy research and development For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, $380,595,000, to remain available until expended, of which $249,000 is for the functions of the Office of the Federal Inspector for the Alaska Natural Gas Transportation System established pursuant to the authority of Public Law 94–586 (90 Stat. 2908–2909), and pursuant to section 111(b)(1)(B) of the Energy Re-102 STAT. 1812organization Act of 1974, as amended, of the amount appropriated under this head, $3,500,000 shall be available for a grant for an energy center at the University of Oklahoma in Norman, Oklahoma, and $9,000,000 shall be available for a grant for an energy center at West Virginia University in Morgantown, West Virginia, without section UI(b)(2) of such Act being applicable, and $4,500,000 shall be available for continued construction of DOE Fossil Energy building B26: Provided, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas. Of the funds herein provided, $37,000,000 is for implementation of the June, 1984 multiyear, cost-shared magnetohydrodynamics program targeted on proof-of-concept testing: Provided further, That 30 per centum private sector cash or in-kind contributions shall be required for obligations in fiscal year 1989, and for each subsequent fiscal year’s obligations private sector contributions shall increase by 5 per centum over the life of the proof-of-concept plan: Provided further, That existing facilities, equipment, and supplies, or previously expended research or development funds are not costsharing for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: Provided further, That cost-sharing shall not be required for the costs of constructing or operating Government-owned facilities or for the costs of Government organizations, National Labors tories, or universities and such costs shall not be used in calculating the required percent-age for private sector contributions: Provided further, That private sector contribution percentages need not be met on each contract but must be met in total for each fiscal year. naval petroleum and oil shale reserves For necessary expenses in carrying out naval petroleum and oil shale reserve activities, $185,071,000, to remain available until expended. energy conservation For necessary expenses in carrying out energy conservation activities, $372,502,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount for fiscal year 1989 determined under the provisions of section 3003(d) of Public Law 99–509 (15 U.S.C. 4502): Provided, That $200,000,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided further, That pursuant to section 111(b)(1)(B) of the Energy Reorganization Act of 1974, as amended, of the amount appropriated under this head, $3,000,000 shall be available for a grant for an energy and natural resources technology development center at Brandeis University in Waltham, Massachusetts without section lll(b)(2) of such Act being applicable: Provided further, That notwithstanding section 3003(d)(2) of Public Law 99–509 such sums shall be allocated to the eligible programs in the same amounts for each program as in fiscal year 1988, and of which $10,000,000 shall be available for a grant for the energy demonstration and research facility at North-western University designated under this head in Public Law 100–202 and as authorized by section 202 of Public Law 99–412 (42 U.S.C. 8281 note): Provided further, That the facility may be expanded to 102 STAT. 1813encompass space for life sciences in addition to that for material sciences. economic regulation For necessary expenses in carrying out the activities of the Economic Regulatory Administration and the Office of Hearings and Appeals, $21,372,000. emergency preparedness For necessary expenses in carrying out emergency preparedness activities, $6,154,000. strategic petroleum reserve For expenses necessary to carry out the provisions of sections 151 through 166 of the Energy Policy and Conservation Act of 1975 (Public law 94–163), $173,421,000, to remain available until expended. spr petroleum account For the acquisition and transportation of petroleum and for other necessary expenses under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35), $242,000,000, to remain available until expended: Provided, That an additional $91,555,000 shall be made available until expended beginning October 1, 1989: Provided further, That notwithstanding 42 U.S.C. 6240(d) the United States’ share of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or otherwise disposed of to other than the Strategic Petroleum Reserve. energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $62,856,000 of which $1,000,000 for computer operations shall remain available until September 30, 1990. administrative provisions, department of energy Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles, hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uni-forms; and reimbursement to the General Services Administration for security guard services. From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private, or foreign: Provided That revenues and other moneys received by or for the account of the Department of Energy or 102 STAT. 1814otherwise generated by sale of products in connection with projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided further, That any contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project. The Secretary of Energy may transfer to the Emergency Preparedness appropriation such funds as are necessary to meet any unforeseen emergency needs from any funds available to the Department of Energy from this Act. Notwithstanding 31 U.S.C. 3302, funds derived from the sale of assets as a result of defaulted loans made under the Department of Energy Alcohol Fuels Loan Guarantee program, or any other funds received in connection with this program, shall be credited to the Biomass Energy Development account, and shall be available solely for payment of the guaranteed portion of defaulted loans and associated costs of the Department of Energy Alcohol Fuels Loan Guarantee program for loans guaranteed prior to January 1, 1987. Unobligated balances available in the “Alternative fuels production” account may be used for payment of the guaranteed portion of defaulted loans and associated costs of the Department of Energy Alcohol Fuels Loan Guarantee program, subject to the determination by the Secretary of Energy that such unobligated funds are not needed for carrying out the purposes of the Alternative Fuels Production program: Provided, That the use of these unobligated funds for payment of defaulted loans and associated costs shall be available only for loans guaranteed prior to January 1, 1987: Provided further, That such funds shall be used only after the unobligated balance in the Department of Energy Alcohol Fuel Loan Guarantee reserve has been exhausted.