The following are the Office of Energy Research (ER) comments on DOE Order 1240.2B per the request by Kenneth E. Baker dated April 15, 1997:

The request for comments did not include DOE Notice 1240.2, dated 11-29-93; or the Memorandum by David Pumphrey, dated 7-21-94. Both of these should be incorporated in the revised order.

The Notice made a number of modifications to DOE Order 1240.2B and stated, "DOE 1240.2B will be revised to reflect these modifications." This action abolished the terms "sensitive facility" and "security facility" and focused the reporting requirements on "Security Areas", excepting property protection areas.

ER strongly endorsed this modification and recommends it be incorporated in the revision as stated. The modification was explained in the notice as, "Since open communication is fundamental to the economic vitality of the international community, this notice removes necessary impediments to the free flow and exchange of ideas and technology." In addition, there have been no actual problems identified at ER facilities as a result of this modification. As such, there is no need to change what we are currently doing.

The memorandum by David Pumphrey, dated 7-21-94, modified the sensitive country list. ER would continue to support this current list. In place of this list ER would support the elimination of a sensitive country list. ER would have no objection to documenting ALL visits by foreign nationals where the visit involves access to a "security area" or "sensitive subject".

ER does not support any changes to the sensitive subject list.

ER does not support expanding the order to include export control regulations. Export control is the reponsibility of the Commerce Department, as such, DOE should not be establishing policy in this area.

ER would support the delegation of authority to the field elements for approving visits.

The focus and concern by congress has been nuclear nonproliferation, in particular, foreign visitor controls at Weapons Laboratories. When the DOE Order was implemented it was in response to congressional concerns and recommendations in the GAO report of October 1988. The revised order should only be written to address foreign visitors to the weapons laboratories. ER strongly recommends the continuation of the exclusions from the Order that are currently in place at ER non-weapons laboratories.

Bill Nay - 301-903-6576 Office of Energy Research

maintained by webmaster@jlab.org