```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1656 Reported in House (RH)]

                                                 Union Calendar No. 367
106th CONGRESS
  2d Session
                                H. R. 1656

                      [Report No. 106-492, Part I]

  To authorize appropriations for fiscal years 2000 and 2001 for the 
commercial application of energy technology and related civilian energy 
and scientific programs, projects, and activities of the Department of 
                    Energy, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 1999

 Mr. Calvert introduced the following bill; which was 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

                            February 3, 2000

        Reported from the Committee on Science with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            February 3, 2000

     Referral to the Committees on Commerce, and Education and the 
 Workforce, extended for a period ending not later than April 14, 2000

                             April 14, 2000

     Referral to the Committees on Commerce, and Education and the 
  Workforce, extended for a period ending not later than May 26, 2000

                              May 26, 2000

     Referral to the Committees on Commerce, and Education and the 
  Workforce, extended for a period ending not later than June 7, 2000

                              June 7, 2000

     Referral to the Committees on Commerce, and Education and the 
  Workforce, extended for a period ending not later than June 9, 2000

                              June 9, 2000

 Committees on Commerce, and Education and the Workforce, discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 3, 
                                 1999]

_______________________________________________________________________

                                 A BILL

 
  To authorize appropriations for fiscal years 2000 and 2001 for the 
commercial application of energy technology and related civilian energy 
and scientific 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 Commercial 
Application of Energy Technology Authorization Act of 1999''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Department'' means the Department of Energy; 
        and
            (2) the term ``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 commercial application of energy technology 
and related civilian energy and scientific 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 $309,662,000 for fiscal year 2000 and 
$306,857,000 for fiscal year 2001, to remain available through the end 
of fiscal year 2002, of which--
            (1) $136,000,000 for fiscal year 2000 and $131,840,000 for 
        fiscal year 2001 shall be for Nuclear Energy, including--
                    (A) $85,000,000 for fiscal year 2000 and 
                $87,550,000 for fiscal year 2001 for Termination Costs;
                    (B) $30,000,000 for fiscal year 2000 and 
                $30,900,000 for fiscal year 2001 for the Fast Flux Test 
                Facility;
                    (C) $13,000,000 for fiscal year 2000 and 
                $13,390,000 for fiscal year 2001 for Isotope Support; 
                and
                    (D) $8,000,000 for fiscal year 2000 for completion 
                of Project 98-E-201, Isotope Production Facility, Los 
                Alamos National Laboratory;
            (2) $50,750,000 for fiscal year 2000 and $51,703,000 for 
        fiscal year 2001 shall be for Environment, Safety, and Health;
            (3) $9,100,000 for fiscal year 2000 and $9,148,000 for 
        fiscal year 2001 shall be for Technical Information Management;
            (4) $102,000,000 for fiscal year 2000 and $102,000,000 for 
        fiscal year 2001 shall be for Field Operations; and
            (5) $11,812,000 for fiscal year 2000 and $12,166,000 for 
        fiscal year 2001 shall be for Oak Ridge Landlord.
    (b) Non-Defense Environmental Management.--There are authorized to 
be appropriated to the Secretary for Non-Defense Environmental 
Management commercial application of energy technology and related 
civilian energy and scientific research, development, and demonstration 
operation and maintenance programs, projects, and activities for which 
specific sums are not authorized under other authority of law 
$330,934,000 for fiscal year 2000 and $340,862,000 for fiscal year 
2001, to remain available through the end of fiscal year 2002, of 
which--
            (1) $211,146,000 for fiscal year 2000 and $217,480,000 for 
        fiscal year 2001 shall be for Site Closure;
            (2) $100,866,000 for fiscal year 2000 and $103,892,000 for 
        fiscal year 2001 shall be for the Site/Project Completion; and
            (3) $18,922,000 for fiscal year 2000 and $19,490,000 for 
        fiscal year 2001 shall be for Post 2006 Completion.
    (c) Fossil Energy Research and Development.--There are authorized 
to be appropriated to the Secretary for Fossil Energy Research and 
Development Environmental Restoration commercial application of energy 
technology and related civilian energy and scientific research, 
development, and demonstration operation and maintenance programs, 
projects, and activities for which specific sums are not authorized 
under other authority of law $10,000,000 for fiscal year 2000 and 
$10,300,000 for fiscal year 2001, to remain available through the end 
of fiscal year 2002.
    (d) Energy Conservation Research and Development.--There are 
authorized to be appropriated to the Secretary for Energy Conservation 
Research and Development commercial application of energy technology 
and related civilian energy and scientific research, development, and 
demonstration operation and maintenance programs, projects, and 
activities for which specific sums are not authorized under other 
authority of law $52,163,000 for fiscal year 2000 and $53,727,890 for 
fiscal year 2001, to remain available through the end of fiscal year 
2002, of which--
            (1) $10,700,000 for fiscal year 2000 and $11,021,000 for 
        fiscal year 2001 shall be for Clean Cities;
            (2) $12,802,000 for fiscal year 2000 and $13,186,060 for 
        fiscal year 2001 shall be for Building Standards and 
        Guidelines;
            (3) $13,343,000 for fiscal year 2000 and $13,743,290 for 
        fiscal year 2001 shall be for Lighting and Appliance Standards; 
        and
            (4) $15,318,000 for fiscal year 2000 and $15,777,540 for 
        fiscal year 2001 for Management and Planning for the Building 
        Technology, State and Community Sector (nongrants).

SEC. 4. NOTICE.

    (a) Reprogramming.--The Secretary may use for any authorized 
civilian energy or scientific research, development, and demonstration 
and commercial application of energy technology programs, projects, and 
activities of the Department--
            (1) up to the lesser of $250,000 or 5 percent of the total 
        funding for a fiscal year of another such 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 another such 
        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 civilian energy or scientific research, 
development, and demonstration or commercial application of energy 
technology 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, and demonstration or 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, and demonstration or commercial application of energy 
technology activities of the Department prepared at the direction of 
any committee of Congress.

SEC. 5. LIMITATION ON DEMONSTRATIONS.

    The Department shall provide funding for civilian energy or 
scientific or 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.

SEC. 6. LIMITS ON GENERAL PLANT PROJECTS.

    If, at any time during the construction of a civilian energy or 
scientific research, development, and demonstration or 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. 7. LIMITS ON CONSTRUCTION PROJECTS.

    (a) Limitation.--Except as provided in subsection (b), construction 
on a civilian energy or scientific research, development, and 
demonstration or 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. 8. 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, and 
demonstration or 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 
civilian energy or scientific research, development, and demonstration 
or commercial application of energy technology 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 commercial application of energy technology 
program 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. 9. LIMITS ON USE OF FUNDS.

    (a) Clean Coal Technology Reserve.--No funds in the Clean Coal 
Technology Reserve may be used to initiate or carry out a clean coal 
technology energy demonstration project based outside the United 
States.
    (b) 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.
    (c) 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.

SEC. 10. MANAGEMENT AND OPERATING CONTRACTS.

    (a) Competitive Procedure Requirement.--None of the funds 
authorized to be appropriated by this Act or any prior Act may be used 
to award a management and operating contract for a federally owned or 
operated nonmilitary 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. 11. FEDERAL ACQUISITION REGULATION.

    (a) Requirement.--None of the funds authorized to be appropriated 
by this Act or any prior Act for any commercial application of energy 
technology or civilian energy or scientific research, development, and 
demonstration or 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. 12. REQUESTS FOR PROPOSALS.

    None of the funds authorized to be appropriated by this Act or any 
prior 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 commercial application of energy 
technology program, project, or activity if the program, project, or 
activity has not been specifically authorized by Congress.

SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES.

    (a) Restriction.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or any prior Act may be 
used by any civilian energy or scientific research, development, and 
demonstration or 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.
    (b) Exception.--Subsection (a) does not apply to the transmission 
and sale of electricity by any Federal power marketing administration.

SEC. 14. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Secretary shall exclude from consideration for 
grant agreements for civilian energy or scientific research, 
development, and demonstration or commercial application of energy 
technology 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. 15. EXTERNAL REGULATION.

    (a) Authority.--
            (1) Elimination of department of energy authority.--Except 
        as provided in paragraph (2), effective January 1, 2000, the 
        Department shall have no regulatory or enforcement authority, 
        through rules, regulations, orders, and standards, or reporting 
        requirements, with respect to Federal, State, and local 
        environmental, safety, and health requirements at any federally 
        owned or operated nonmilitary energy laboratory.
            (2) Exception.--Notwithstanding paragraph (1), the 
        Department shall retain regulatory or enforcement authority 
        described in paragraph (1) at any federally owned or operated 
        nonmilitary energy laboratory to the extent that no other 
        Federal, State, or local governmental agency has such 
        regulatory or enforcement authority.
    (b) Nuclear Regulatory Commission Authority.--
            (1) Enforcement responsibilities.--Effective January 1, 
        2000, the Nuclear Regulatory Commission shall assume the 
        regulatory and enforcement responsibilities of the Department 
        under the Atomic Energy Act of 1954 with regard to federally 
        owned or operated nonmilitary energy laboratories, including 
        such responsibilities with respect to accelerator-produced 
        radioactive material and ionizing radiation generating 
        machines.
            (2) Licensed entity.--For the purposes of carrying out at 
        federally owned or operated nonmilitary energy laboratories 
        regulatory and enforcement responsibilities described in 
        paragraph (1), the Nuclear Regulatory Commission may regulate 
        and license or provide certification for the Department, the 
        Department's contractor, or both.
            (3) Decommissioning.--A contractor operating a federally 
        owned nonmilitary energy laboratory shall not be responsible 
        for the costs of decommissioning that facility. No enforcement 
        action may be taken against such contractor for any violation 
        of Nuclear Regulatory Commission decommissioning requirements, 
        if such violation is the result of a failure of the Department 
        to authorize or fund decommissioning activities. The Nuclear 
        Regulatory Commission and the Department shall, not later than 
        July 1, 2000, enter into a memorandum of understanding 
        establishing decommissioning procedures and requirements for 
        federally owned or operated nonmilitary energy laboratories.
    (c) Occupational Safety and Health.--
            (1) OSHA jurisdiction.--Notwithstanding any other provision 
        of law, effective January 1, 2000, the Occupational Safety and 
        Health Administration shall assume the regulatory and 
        enforcement responsibilities of the Department relating to 
        matters covered by the Occupational Safety and Health Act of 
        1970 with regard to all federally owned or operated nonmilitary 
        energy laboratories. The Department's contractor or contractors 
        operating those laboratories shall be considered employers for 
        purposes of the Occupational Safety and Health Act of 1970.
            (2) Applicability.--Section 4(b)(1) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) does not 
        apply with respect to the Department's regulation, or the 
        Nuclear Regulatory Commission's regulation, of federally owned 
        or operated nonmilitary energy laboratories.
            (3) Radiation regulations.--With respect to federally owned 
        or operated nonmilitary energy laboratories, the Secretary of 
        Labor may enforce the regulations contained in part 20 of title 
        10 of the Code of Federal Regulations, relating to Protection 
        from Radiation, to the same extent as regulations issued under 
        section 6(b) of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 655(b)).
            (4) Memorandum of understanding.--The Nuclear Regulatory 
        Commission and the Occupational Safety and Health 
        Administration shall, within 90 days after the date of the 
        enactment of this Act, enter into a memorandum of understanding 
        to govern the exercise of their respective authorities over 
        occupational safety and health hazards at federally owned or 
        operated nonmilitary energy laboratories.
    (d) Civil Penalties.--The Department's contractor operating a 
federally owned or operated nonmilitary energy laboratory shall not be 
liable for civil penalties under the Atomic Energy Act of 1954 or the 
Occupational Safety and Health Act of 1970 for any actions taken before 
October 1, 2000, pursuant to the transfer of regulatory and enforcement 
responsibilities required by this section.
    (e) Indemnification.--The Secretary shall continue to indemnify 
federally owned or operated nonmilitary energy laboratories in 
accordance with the provisions of section 170d. of the Atomic Energy 
Act of 1954.
    (f) Department of Energy Reporting Requirement.--By October 31, 
1999, the Secretary shall transmit to 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, a plan for the termination of the 
Department's regulatory and enforcement responsibilities for federally 
owned or operated nonmilitary energy laboratories required by this 
section. The report shall include--
            (1) a detailed transition plan, drafted in coordination 
        with the Nuclear Regulatory Commission and the Occupational 
        Safety and Health Administration, giving the schedule for 
        termination of self-regulation authority as outlined in 
subsection (a), including the activities to be coordinated with the 
Nuclear Regulatory Commission and the Occupational Safety and Health 
Administration;
            (2) a description of any issues remaining to be resolved 
        with the Nuclear Regulatory Commission, the Occupational Safety 
        and Health Administration, or other external regulators, and a 
        timetable for resolving such issues before January 1, 2000;
            (3) an estimate of--
                    (A) the annual cost of administering and 
                implementing self-regulation of environmental, safety, 
                and health activities at federally owned or operated 
                nonmilitary energy laboratories;
                    (B) the number of Federal and contractor employees 
                administering and implementing such self-regulation;
                    (C) the cost of external regulation based on the 
                pilot projects of simulated Nuclear Regulatory 
                Commission regulation which have already been 
                conducted; and
                    (D) the extent and schedule by which the Department 
                and laboratory staffs will be reduced as a result of 
                implementation of this section; and
            (4) a description of regulatory or enforcement authorities 
        the Department determines it will be required to retain 
        pursuant to subsection (a)(2).

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. MORATORIUM ON FOREIGN VISITORS PROGRAM.

    (a) Moratorium.--Until the appropriate conditions are met under 
subsection (c), the Secretary may not admit any individual who is a 
citizen of a nation that is named on the current Department of Energy 
List of Sensitive Countries to--
            (1) any classified facility of a laboratory owned by the 
        Department; or
            (2) any facility of a laboratory owned by the Department 
        for the purposes of conducting activities related to any of the 
        sensitive subjects listed in part 1 of Appendix 4 of the 
        February 1997 document entitled ``Guidelines on Export Control 
        and Nonproliferation'', issued by the Nuclear Transfer and 
        Supplier Policy Division of the Office of Arms Control and 
        Nonproliferation of the Office of Nonproliferation and National 
        Security of the Department.
    (b) Waiver Authority.--(1) The Secretary may waive the prohibition 
in subsection (a) on a case-by-case basis with respect to specific 
individuals whose admission to a laboratory owned by the Department is 
determined by the Secretary to be necessary for the national security 
of the United States.
    (2) Not later than 30 days after granting a waiver under paragraph 
(1), the Secretary shall transmit to the committees described in 
subsection (e) a report in writing regarding the waiver. The report 
shall identify each individual for whom such 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 laboratory owned by the Department is necessary 
for the national security of the United States.
    (3) The authority of the Secretary under paragraph (1) may not be 
delegated.
    (c) Conditions for Lifting Moratorium.--The moratorium on a 
laboratory owned by the Department shall be lifted when the Secretary, 
in consultation with and with the concurrence of the Director of the 
Federal Bureau of Investigation, transmits to the Congress a report 
certifying that--
            (1) all of the applicable counterintelligence and 
        safeguards and security measures contained in Presidential 
        Decision Directive 61 have been fully implemented at the 
        laboratory, and that adequate oversight and resources exist to 
        ensure that they are properly followed;
            (2) all of the additional applicable counterintelligence 
        and safeguards and security measures announced by the Secretary 
        on March 17, 1999, and March 31, 1999, have been fully 
        implemented at the laboratory, and that adequate oversight and 
        resources exist to ensure that they are appropriately followed; 
        and
            (3) all of the guidelines in February 1997 document 
        entitled ``Guidelines on Export Control and Nonproliferation'', 
        issued by the Nuclear Transfer and Supplier Policy Division of 
        the Office of Arms Control and Nonproliferation of the Office 
        of Nonproliferation and National Security of the Department are 
        being followed with respect to all activities at the 
        laboratory.
    (d) Report to Congress.--(1) The Director of the Federal Bureau of 
Investigation and the Secretary jointly shall transmit to the 
committees described in subsection (e) an annual report, the first of 
which shall be transmitted not later than 90 days after the date of the 
enactment of this Act, on counterintelligence and safeguards and 
security activities at the laboratories owned by the Department, 
including facilities and areas at those laboratories at which 
unclassified work is carried out.
    (2) The report required by paragraph (1) shall include--
            (A) a description of the status of counterintelligence and 
        safeguards and security at each of the laboratories owned by 
        the Department;
            (B) a description of the status of the conditions for 
        lifting the moratorium under subsection (c); and
            (C) a net assessment of the foreign visitors program at the 
        laboratories owned by the Department, prepared by a panel of 
        individuals with expertise in intelligence, 
        counterintelligence, and nuclear weapons design matters.
    (e) Committees.--The Committees referred to in this section are the 
Committee on Armed Services, the Committee on Appropriations, the 
Committee on Commerce, Science, and Transportation, the Committee on 
Energy and Natural Resources, and the Select Committee on Intelligence 
of the Senate, and the Committee on Armed Services, the Committee on 
Appropriations, the Committee on Commerce, the Committee on Science, 
and the Permanent Select Committee on Intelligence of the House of 
Representatives.

SEC. 18. TECHNOLOGY TRANSFER COORDINATION.

    Within 90 days after the date of the enactment of this Act, the 
Secretary shall ensure, for the laboratories owned by the Department 
carrying out programs under this Act--
            (1) consistency of technology transfer policies and 
        procedures with respect to patenting, licensing, and 
        commercialization;
            (2) the availability to aggrieved private sector entities 
        on request of binding alternative dispute resolution, 
        nonbinding alternative dispute resolution, mediation, 
        negotiation between authorized representatives of the disputing 
        parties, or resolution by the Department's site contracting 
        officer to resolve disputes regarding all technology transfer 
        and intellectual property matters, with costs and damages to be 
        provided for by the contractor to the extent that any such 
        resolution attributes fault to the contractor;
            (3) annual reports to the Secretary, as part of the annual 
        performance evaluation, on technology transfer and intellectual 
        property successes, current technology transfer and 
        intellectual property disputes involving the laboratory, and 
        progress toward resolving those disputes; and
            (4) training to ensure that laboratory personnel 
        responsible for patenting, licensing, and commercialization 
        activities are knowledgeable of the appropriate legal, 
        procedural, and ethical issues necessary to carry out those 
        activities with the highest possible professional and ethical 
        standards.

SEC. 19. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE SAFEGUARDING 
              AND SECURITY OF RESTRICTED DATA.

    (a) In General.--Chapter 18 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section 
234A the following new section:
    ``Sec. 234B. Civil Monetary Penalties for Violations of Department 
of Energy Regulations Regarding Security of Classified or Sensitive 
Information or Data.--
    ``a. Any person who has entered into a contract or agreement with 
the Department of Energy, or a subcontract or subagreement thereto, and 
who violates (or whose employee violates) any applicable rule, 
regulation, or order prescribed or otherwise issued by the Secretary 
pursuant to this Act relating to the safeguarding or security of 
Restricted Data or other classified or sensitive information shall be 
subject to a civil penalty of not to exceed $100,000 for each such 
violation.
    ``b. The Secretary shall include in each contract with a contractor 
of the Department provisions which provide an appropriate reduction in 
the fees or amounts paid to the contractor under the contract in the 
event of a violation by the contractor or contractor employee of any 
rule, regulation, or order relating to the safeguarding or security of 
Restricted Data or other classified or sensitive information. The 
provisions shall specify various degrees of violations and the amount 
of the reduction attributable to each degree of violation.
    ``c. The powers and limitations applicable to the assessment of 
civil penalties under section 234A, except for subsection d. of that 
section, shall apply to the assessment of civil penalties under this 
section.''.
    (b) Clarifying Amendment.--The section heading of section 234A of 
such Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before 
``Regulations''.
    (c) Clerical Amendment.--The table of sections for that Act is 
amended by inserting after the item relating to section 234 the 
following new items:

``Sec. 234A. Civil Monetary Penalties for Violations of Department of 
                            Energy Safety Regulations.
``Sec. 234B. Civil Monetary Penalties for Violations of Department of 
                            Energy Regulations Regarding Security of 
                            Classified or Sensitive Information or 
                            Data.''.

SEC. 20. WHISTLEBLOWER PROTECTION.

    (a) Program.--The Secretary shall establish a program to ensure 
that an employee of the Department, or a contractor employee, may not 
be discharged, demoted, or otherwise discriminated against as a 
reprisal for disclosing to a person or entity referred to in subsection 
(b) information which the employee or contractor employee reasonably 
believes to provide direct and specific evidence of a violation 
described in subsection (c).
    (b) Covered Persons and Entities.--A person or entity referred to 
in this subsection is the following:
            (1) A Member of Congress.
            (2) An employee of Congress who has an appropriate security 
        clearance for access to the information.
            (3) The Inspector General of the Department.
            (4) The Federal Bureau of Investigation.
            (5) Any other element of the Federal Government designated 
        by the Secretary as authorized to receive information of the 
        type disclosed.
    (c) Covered Violations.--A violation referred to in subsection (a) 
is--
            (1) a violation of law or Federal regulation;
            (2) gross mismanagement, a gross waste of funds, or abuse 
        of authority; or
            (3) a false statement to Congress on an issue of material 
        fact.

SEC. 21. INVESTIGATION AND REMEDIATION OF ALLEGED REPRISALS FOR 
              DISCLOSURE OF CERTAIN INFORMATION TO CONGRESS.

    (a) Submittal of Allegations to Inspector General.--A Department 
employee or contractor employee who believes that the employee has been 
discharged, demoted, or otherwise discriminated against as a reprisal 
for disclosing information referred to in subsection (a) of section 20 
in accordance with the provisions of that section may submit a 
complaint relating to such action to the Inspector General of the 
Department.
    (b) Investigation.--(1) For each complaint submitted under 
subsection (a), the Inspector General shall--
            (A) determine whether or not the complaint is frivolous; 
        and
            (B) if the Inspector General determines the complaint is 
        not frivolous, conduct an investigation of the complaint.
    (2) The Inspector General shall submit a report on each 
investigation undertaken under paragraph (1)(B) to--
            (A) the employee who submitted the complaint on which the 
        investigation is based;
            (B) the contractor concerned, if any; and
            (C) the Secretary.
    (c) Remedial Actions.--(1) If the Secretary determines that an 
employee has been subjected to an adverse personnel action referred to 
in subsection (a) in contravention of the provisions of section 20(a), 
the Secretary shall--
            (A) in the case of a Department employee, take appropriate 
        actions to abate the action; or
            (B) in the case of a contractor employee, order the 
        contractor concerned to take appropriate actions to abate the 
        action.
    (2)(A) If a contractor fails to comply with an order issued under 
paragraph (1)(B), the Secretary may file an action for enforcement of 
the order in the appropriate United States district court.
    (B) In any action brought under subparagraph (A), the court may 
grant appropriate relief, including injunctive relief and compensatory 
and exemplary damages.
    (d) Quarterly Report.--(1) Not later than 30 days after the 
commencement of each fiscal quarter, the Inspector General shall submit 
to the Committee on Science and other relevant committees of the House 
of Representatives, and to the Committee on Energy and Natural 
Resources and other relevant committees of the Senate, a report on the 
investigations undertaken under subsection (b)(1)(B) during the 
preceding fiscal quarter, including a summary of the results of such 
investigations.
    (2) A report under paragraph (1) shall not identify or otherwise 
provide any information on a person submitting a complaint under this 
section without the consent of the person.
                                                 Union Calendar No. 367

106th CONGRESS

  2d Session

                                H. R. 1656

                      [Report No. 106-492, Part I]

_______________________________________________________________________

                                 A BILL

  To authorize appropriations for fiscal years 2000 and 2001 for the 
commercial application of energy technology and related civilian energy 
and scientific programs, projects, and activities of the Department of 
                    Energy, and for other purposes.

_______________________________________________________________________

                              June 9, 2000

 Committees on Commerce, and Education and the Workforce, discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```