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 non-
military 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 Com-
mittee 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 re-
port 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 com-
mercial 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 devi-
ates 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 Com-
mittee 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 re-
port 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 ci-
vilian energy or scientific research, development, and dem-
onstration or commercial application of energy technology
program, project, or activity if the program, project, or ac-
tivity 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 serv-
ices 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 com-
mercial application of energy technology activities made by
the Department after fiscal year 1999 any person who re-
ceived 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 specifi-
cally authorized by this Act. Any exclusion from consider-
ation 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 assist-
ance is awarded to members of the class according to a for-
mula provided by law or under circumstances permitting
other than full and open competition under the Federal Ac-
quisition 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 re-
cipient to carry out a public purpose of support or stimula-
tion 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 sec-
tion 12(d)(1) of the Stevenson-Wydler Technology Innova-
tion 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 re-
quirements, 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 en-
forcement 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 AUTHOR-
ITY.—
(1) ENFORCEMENT RESPONSIBILITIES.—Effective
January 1, 2000, the Nuclear Regulatory Commission
shall assume the regulatory and enforcement respon-
sibilities of the Department under the Atomic Energy
Act of 1954 with regard to federally owned or oper-
ated nonmilitary energy laboratories, including such
responsibilities with respect to accelerator-produced
radioactive material and ionizing radiation gener-
ating machines.
(2) LICENSED ENTITY.—For the purposes of car-
rying out at federally owned or operated nonmilitary
energy laboratories regulatory and enforcement re-
sponsibilities described in paragraph (1), the Nuclear
Regulatory Commission may regulate and license or
provide certification for the Department, the Depart-
ment’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 require-
ments, 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 estab-
lishing 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 responsibil-
ities 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 con-
sidered employers for purposes of the Occupational
Safety and Health Act of 1970.
(2) APPLICABILITY.—Section 4(b)(1) of the Occu-
pational Safety and Health Act of 1970 (29 U.S.C.
653(b)(1)) does not apply with respect to the Depart-
ment’s regulation, or the Nuclear Regulatory Commis-
sion’s regulation, of federally owned or operated non-
military energy laboratories.
(3) RADIATION REGULATIONS.—With respect to
federally owned or operated nonmilitary energy lab-
oratories, the Secretary of Labor may enforce the reg-
ulations 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 Occupa-
tional Safety and Health Administration shall, with-
in 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 occupa-
tional 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 enforce-
ment responsibilities required by this section.
(e) INDEMNIFICATION.—The Secretary shall continue
to indemnify federally owned or operated nonmilitary en-
ergy laboratories in accordance with the provisions of sec-
tion 170d. of the Atomic Energy Act of 1954.
(f) DEPARTMENT OF ENERGY REPORTING REQUIRE-
MENT.—By October 31, 1999, the Secretary shall transmit
to the Committee on Science and the Committee on Appro-
priations of the House of Representatives, and the Com-
mittee on Energy and Natural Resources and the Com-
mittee on Appropriations of the Senate, a plan for the ter-
mination 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 coordi-
nation 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 Regu-
latory 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 resolv-
ing 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 Regu-
latory Commission regulation which have al-
ready 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 re-
quired to retain pursuant to subsection (a)(2).
SEC. 16. INTERNET AVAILABILITY OF INFORMATION.
The Secretary shall make available through the Inter-
net 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 De-
partment for the purposes of conducting activities re-
lated to any of the sensitive subjects listed in part 1
of Appendix 4 of the February 1997 document enti-
tled ‘‘Guidelines on Export Control and Nonprolifera-
tion’’, 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 indi-
vidual 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 admis-
sion of that individual to a laboratory owned by the De-
partment 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 Presi-
dential Decision Directive 61 have been fully imple-
mented at the laboratory, and that adequate oversight
and resources exist to ensure that they are properly
followed;
(2) all of the additional applicable counterintel-
ligence and safeguards and security measures an-
nounced 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 docu-
ment entitled ‘‘Guidelines on Export Control and
Nonproliferation’’, issued by the Nuclear Transfer and
Supplier Policy Division of the Office of Arms Con-
trol and Nonproliferation of the Office of Non-
proliferation and National Security of the Depart-
ment 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, in-
cluding 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 counterintel-
ligence and safeguards and security at each of the lab-
oratories 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 pro-
gram at the laboratories owned by the Department,
prepared by a panel of individuals with expertise in
intelligence, counterintelligence, and nuclear weapons
design matters.