GENERAL PROVISIONS

GENERAL PROVISIONS Department of Energy Sec. 301. (a) None of the funds appropriated by this Act or any prior appropriations Act may be used to award a management and operating contract unless such contract is awarded using competitive procedures or the Secretary of Energy 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. 112 STAT. 1852 (b) 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 Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the subcommittees of the waiver and setting forth the reasons for the waiver. Sec. 302. (a) None of the funds appropriated by this Act or any prior appropriations Act may be used to award, amend, or modify a contract in a manner that deviates from the Federal Acquisition Regulation, unless the Secretary of Energy 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) 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 Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the subcommittees of the waiver and setting forth the reasons for the waiver. Sec. 303. None of the funds appropriated by this Act or any prior appropriations Act may be used to— (1) develop or implement a workforce restructuring plan that covers employees of the Department of Energy; or (2) provide enhanced severance payments or other benefits for employees of the Department of Energy; under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 U.S.C. 7274h). Sec. 304. None of the funds appropriated by this Act or any prior appropriations Act may be used to augment the $29,900,000 made available for obligation by this Act for severance payments and other benefits and community assistance grants under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 U.S.C. 7274h). Sec. 305. None of the funds appropriated by this Act or any prior appropriations Act may be used to prepare or initiate Requests For Proposals (RFPs) for a program if the program has not been funded by Congress. (TRANSFER OF UNEXPENDED BALANCES) Sec. 306. The unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary of Energy may use funds appropriated by this Act to enter into multi-year contracts for the acquisition of property or services without obligating the estimated costs associated with any necessary cancellation or termination of the contract. The Secretary of Energy may pay costs of termination or cancellation from— (1) appropriations originally available for the performance of the contract concerned; (2) appropriations currently available for procurement of the type of property or services concerned, and not otherwise obligated; or 112 STAT. 1853 (3) funds appropriated for those payments. Sec. 308. None of the funds in this Act may be used to dispose of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight for the aggregate of any material category on the date of enactment of this Act, or is generated after such date. Sec. 309. Change of Name of the Office of Energy Research. (a) In General.— Section 209 of the Department of Energy Organization Act (42 U.S.C. 7139) is amended— (1) in the section heading, by striking “ENERGY RESEARCH” and inserting “SCIENCE”; and (2) in subsection (a), by striking “Energy Research” and inserting “Science”. (b) Conforming Amendments.— (1) Table of contents.—The table of contents in the first section of the Department of Energy Organization Act (42 U.S.C. prec. 7101) is amended by striking the item relating to section 209 and inserting the following: “Section 209. Office of Science.”. (2) References in other law.—Each of the following is amended by striking “Energy Research” and inserting “Science”: (A) The item relating to the Director, Office of Energy Research, Department of Energy in section 5315 of title 5, United States Code. (B) Section 2902(b)(6) of title 10, United States Code. (C) Section 406(h)(2)(A)(v) of the Public Health Service Act (42 U.S.C. 284a(h)(2)(A)(v)). (D) Sections 3167(3) and 3168 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381d(3), 7381e). (E) Paragraphs (1) and (2) of section 224(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10204(b)). (F) Section 2203(b)(3)(A)(i) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A)(i)). Sec. 310. Maintenance of Security at DOE Uranium Enrichment Plants.—Section 3107(h) of the USEC Privatization Act (42 U.S.C. 2297h-5(h)) is amended in paragraph (1), by striking “an adequate number of security guards” and inserting “all security police officers”; and by inserting the following paragraph: “(2) Funding.— “(A) The costs of arming and providing arrest authority to the security police officers required under paragraph (1) shall be paid as follows: “(i) the Department of Energy (the “Department”) shall pay the percentage of the costs equal to the percentage of the total number of employees at the gaseous diffusion plant who are: (I) employees of the Department or the contractor or subcontractors of the Department; or (II) employees of the private entity leasing the gaseous diffusion plant who perform work on behalf of the Department (including employees of a contractor or subcontractor of the private entity); and “(ii) the private entity leasing the gaseous diffusion plant shall pay the percentage of the costs equal to the percentage of the total number of employees at 112 STAT. 1854the gaseous diffusion plant who are employees of the private entity (including employees of a contractor or subcontractor) other than those employees who perform work for the Department. “(B) Neither the private entity leasing the gaseous diffusion plant nor the Department shall reduce its payments under any contract or lease or take other action to offset its share of the costs referred to in subparagraph(A), and the Department shall not reimburse the private entity for the entity’s share of these costs. “(C) Nothing in this subsection shall alter the Department’s responsibilities to pay the safety, safeguards and security costs associated with the Department’s highly enriched uranium activities.”. Sec. 311. None of the funds in this Act may be used by the Department of Energy to conduct pilot projects simulating external regulation unless the Nuclear Regulatory Commission, the Occupational Safety and Health Administration, and the appropriate State and local regulatory entities are included in the pilot projects. Sec. 312. Of the amounts provided in this title under the heading, “Atomic Energy Defense Activities, Weapons Activities”,$57,000,000 shall not be available for obligation until September 30, 1999.