103D CONGRESS

1ST SESSION S. 1339

AN ACT

To authorize appropriations for fiscal year 1994 for

and for other purposes.defense activities of the Department of Energy,
103D CONGRESS

1ST SESSION S. 1339

AN ACT

To authorize appropriations for fiscal year 1994 for defense

activities of the Department of Energy, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 1994’’.
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TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. New tritium production and plutonium disposition activities.

Sec. 3103. Environmental restoration and waste management.

Sec. 3104. Materials support and other defense programs.

Sec. 3105. Defense nuclear waste disposal.

Sec. 3106. Funding uses and limitations.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Other Matters

Sec. 3131. Use of funds for payment of penalty assessed against Hanford

project.

Sec. 3132. Office of Tritium Production and Plutonium Disposition.

Sec. 3133. Authority to transfer certain Department of Energy property.

Sec. 3134. Reauthorization and expansion of authority to loan personnel and

facilities.

Sec. 3135. Inclusion of analysis of Nevada Test Site in environmental assessment of reconfiguration of Department of Energy nuclear

weapons complex.

Sec. 3136. Department of Energy management.

Sec. 3137. Training programs for management of hazardous materials and of

hazardous materials emergency response activities.

Sec. 3138. Review of Department of Energy environmental compliance agreements.

Sec. 3139. Extension of review of waste isolation pilot plant in New Mexico.

Sec. 3140. Standardization of Requirements affecting Department of Energy

employees.

Subtitle D—Cooperative Research and Development

Sec. 3141. Short title.

Sec. 3142. Definitions.

Sec. 3143. Competitiveness amendment to the Department of Energy Organization Act.

Sec. 3144. National advanced manufacturing technologies program.

Sec. 3145. Not-for-profit organizations.

Sec. 3146. Career path program.

Sec. 3147. AVLIS commercialization.

Sec. 3148. Amendments to Stevenson-Wydler Technology Innovation Act.

Sec. 3149. Guidelines.
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Sec. 3150. Authorization.

TITLE XXXII—NUCLEAR SAFETY

Sec. 3201. Authorization for Defense Nuclear Safety Board.

Sec. 3202. Requirement for transmittal to Congress of certain information prepared by Defense Nuclear Safety Board.

1 TITLE XXXI—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 PROGRAMS

4 Subtitle A—National Security

5 Programs Authorizations

6 SEC. 3101. WEAPONS ACTIVITIES.

7 (a) OPERATING EXPENSES.—Funds are hereby au8 thorized to be appropriated to the Department of Energy

9 for fiscal year 1994 for operating expenses incurred in car10 rying out weapons activities necessary for national secu11 rity programs in the amount $3,735,571,000, to be allo12 cated as follows:

13 (1) For research and development,

14 $1,152,325,000.

15 (2) For weapons testing, $375,000,000.

16 (3) For stockpile support, $1,792,280,000.

17 (4) For program direction, $277,466,000.

18 (5) For complex reconfiguration, $138,500,000.

19 (b) PLANT PROJECTS.—Funds are hereby authorized

20 to be appropriated to the Department of Energy for fiscal

21 year 1994 for plant projects (including maintenance, res22 toration, planning, construction, acquisition, modification
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1 of facilities, and the continuation of projects authorized

2 in prior years, and land acquisition related thereto) in car3 rying out weapons activities necessary for national secu4 rity programs as follows:

5 Project GPD–101, general plan projects, var6 ious locations, $16,500,000.

7 Project GPD–121, general plant projects, var8 ious locations, $7,700,000.

9 Project 94–D–102, nuclear weapons research,

10 development, and testing facilities revitalization,

11 Phase V, various locations, $11,110,000.

12 Project 94–D–124, hydrogen fluoride supply

13 system, Y–12 Plant, Oak Ridge, Tennessee,

14 $5,000,000.

15 Project 94–D–125, upgrade life safety, Kansas

16 City Plant, Kansas City, Missouri, $3,000,000.

17 Project 94–D–127, emergency notification sys18 tem, Pantex Plant, Amarillo, Texas, $1,000,000.

19 Project 94–D–128, environmental safety and

20 health analytical laboratory, Pantex Plant, Amarillo,

21 Texas, $800,000.

22 Project 93–D–102, Nevada support facility,

23 North Las Vegas, Nevada, $6,000,000.

24 Project 93–D–122, life safety upgrades, Y–12

25 Plant, Oak Ridge, Tennessee, $5,000,000.
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1 Project 93–D–123, complex–21, various loca2 tions, $25,000,000.

3 Project 92–D–102, nuclear weapons research,

4 development, and testing facilities revitalization,

5 Phase IV, various locations, $27,479,000.

6 Project 92–D–126, replace emergency notifica7 tion systems, various locations, $10,500,000.

8 Project 90–D–102, nuclear weapons research,

9 development, and testing facilities revitalization,

10 Phase III, various locations, $30,805,000.

11 Project 88–D–106, nuclear weapons research,

12 development, and testing facilities revitalization,

13 Phase II, various locations, $39,624,000.

14 Project 88–D–122, facilities capability assur15 ance program, various locations, $27,100,000.

16 Project 88–D–123, security enhancement,

17 Pantex Plant, Amarillo, Texas, $20,000,000.

18 (c) CAPITAL EQUIPMENT.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1994 for capital equipment not related to con21 struction in carrying out weapons activities necessary for

22 national security programs in the amount of

23 $123,034,000.

24 (d) ADJUSTMENT FOR SAVINGS.—The total amount

25 authorized to be appropriated pursuant to this section is
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1 the sum of the amounts specified in subsections (a)

2 through (c) reduced by $393,641,000.

3 SEC. 3102. NEW TRITIUM PRODUCTION AND PLUTONIUM

4 DISPOSITION ACTIVITIES.

5 Funds are hereby authorized to be appropriated to

6 the Department of Energy for fiscal year 1994 for ex7 penses incurred in carrying out new tritium production ac8 tivities and plutonium disposition activities necessary for

9 national security programs in the amount of $83,000,000,

10 offset by $43,000,000 in prior year funds.

11 SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE

12 MANAGEMENT.

13 (a) OPERATING EXPENSES.—Funds are hereby au14 thorized to be appropriated to the Department of Energy

15 for fiscal year 1994 for operating expenses incurred in car16 rying out environmental restoration and waste manage17 ment activities necessary for national security programs

18 in the amount of $4,782,213,000, to be allocated as fol19 lows:

20 (1) For corrective activities, $2,170,000.

21 (2) For environmental restoration,

22 $1,536,027,000.

23 (3) For waste management, $2,275,441,000.

24 (4) For technology development, $361,150,000.
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1 (5) For transportation management,

2 $19,730,000.

3 (6) For program direction, $82,427,000.

4 (7) For facility transition, $545,268,000.

5 (b) PLANT PROJECTS.—Funds are hereby authorized

6 to be appropriated to the Department of Energy for fiscal

7 year 1994 for plant projects (including maintenance, res8 toration, planning, construction, acquisition, modification

9 of facilities, and the continuation of projects authorized

10 in prior years, and land acquisition related thereto) to

11 carry out environmental restoration and waste manage12 ment activities necessary for national security programs

13 as follows:

14 Project GPD–171, general plant projects, var15 ious locations, $49,015,000.

16 Project 94–D–122, underground storage tanks,

17 Rocky Flats Plant, Golden, Colorado, $700,000.

18 Project 94–D–400, high explosive wastewater

19 treatment, Los Alamos National Laboratory, Los Al20 amos, New Mexico, $1,000,000.

21 Project 94–D–401, emergency response facility,

22 Idaho National Engineering Laboratory, Idaho,

23 $600,000.

24 Project 94–D–402, liquid waste treatment sys25 tem, Nevada Test Site, $491,000.
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1 Project 94–D–404, Melton Valley storage tanks

2 capacity increase, Oak Ridge National Laboratory,

3 Oak Ridge, Tennessee, $9,400,000.

4 Project 94–D–405, Central neutralization facil5 ity pipeline extension project, Oak Ridge K–25

6 Plant, Oak Ridge, Tennessee, $1,714,000.

7 Project 94–D–406, low-level waste disposal fa8 cility, Oak Ridge K–25 Plant, Oak Ridge, Ten9 nessee, $6,000,000.

10 Project 94–D–407, initial tank retrieval sys11 tems, Richland, Washington, $7,000,000.

12 Project 94–D–408, 200 east office facility,

13 Richland, Washington, $1,200,000.

14 Project 94–D–411, solid waste operations com15 plex project, Richland, Washington, $7,100,000.

16 Project 94–D–412, 300 area process sewer pip17 ing system upgrade, Richland, Washington,

18 $1,100,000.

19 Project 94–D–414, site 300 explosive waste

20 storage facility, Lawrence Livermore National Lab21 oratory, Livermore, California, $370,000.

22 Project 94–D–415, medical facilities, Idaho Na23 tional Engineering Laboratory, Idaho, $1,100,000.
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1 Project 94–D–416, Solvent Storage Tanks in2 stallation, Savannah River Site, South Carolina,

3 $1,500,000.

4 Project 94–D–417, intermediate level and low

5 activity waste vaults, Savannah River Site, South

6 Carolina, $1,000,000.

7 Project 94–D–451, infrastructure replacement

8 Rocky Flats Plant, Golden, Colorado, $6,600,000.

9 Project 93–D–172, electrical upgrade, Idaho

10 National Engineering Laboratory, Idaho,

11 $9,600,000.

12 Project 93–D–174, plant drain waste water

13 treatment upgrades, Y–12 Plant, Oak Ridge, Ten14 nessee, $3,500,000.

15 Project 93–D–175, industrial waste compaction

16 facility, Y–12 Plant, Oak Ridge, Tennessee,

17 $1,800,000.

18 Project 93–D–176, Oak Ridge reservation stor19 age facility, K–25 Plant, Oak Ridge, Tennessee,

20 $6,039,000.

21 Project 93–D–177, disposal of K–1515 sanitary

22 water treatment plant waste, K–125 Plant, Oak

23 Ridge, Tennessee, $7,100,000.
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1 Project 93–D–178, building 374 liquid waste

2 treatment facility, Rocky Flats Plant, Golden, Colo3 rado, $1,000,000.

4 Project 93–D–181, radioactive liquid waste line

5 replacement, Richland, Washington, $6,000,000.

6 Project 93–D–182, replacement of cross-site

7 transfer system, Richland, Washington, $6,500,000.

8 Project 93–D–183, multi-function waste reme9 diation facility, Richland, Washington, $25,660,000.

10 Project 93–D–184, 325 facility compliance/ren11 ovation, Richland, Washington, $3,500,000.

12 Project 93–D–185, landlord program safety

13 compliance, Phase II, Richland, Washington,

14 $1,351,000.

15 Project 93–D–187, high-level waste removal

16 from filled waste tanks, Savannah River, South

17 Carolina, $13,230,000.

18 Project 93–D–188, new sanitary landfill, Sa19 vannah River, South Carolina, $1,020,000.

20 Project 92–D–125, master safeguards and secu21 rity agreement/material surveillance task force secu22 rity upgrades, Rocky Flats Plant, Golden, Colorado,

23 $3,900,000.
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1 Project 92–D–172, hazardous waste treatment

2 and processing facility, Pantex Plant, Amarillo,

3 Texas, $300,000.

4 Project 92–D–173, nitrogen oxide abatement

5 facility, Idaho Chemical Processing Plant, Idaho Na6 tional Engineering Laboratory, Idaho, $10,000,000.

7 Project 92–D–177, tank 101–AZ waste re8 trieval system, Richland, Washington, $7,000,000.

9 Project 92–D–181, fire and life safety improve10 ments, Idaho National Engineering Laboratory,

11 Idaho, $5,000,000.

12 Project 92–D–182, sewer system upgrade,

13 Idaho National Engineering Laboratory, Idaho,

14 $1,450,000.

15 Project 92–D–183, transportation complex,

16 Idaho National Engineering Laboratory, Idaho,

17 $7,198,000.

18 Project 92–D–184, Hanford infrastructure un19 derground storage tanks, Richland, Washington,

20 $300,000.

21 Project 92–D–186, steam system rehabilitation,

22 Phase II, Richland, Washington, $4,300,000.

23 Project 92–D–187, 300 area electrical distribu24 tion, conversion, and safety improvements, Phase II,

25 Richland, Washington, $10,276,000.
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1 Project 92–D–188, waste management ES&H,

2 and compliance activities, various locations,

3 $8,568,000.

4 Project 92–D–403, tank upgrade project, Law5 rence Livermore National Laboratory, California,

6 $3,888,000.

7 Project 91–D–171, waste receiving and process8 ing facility, module 1, Richland, Washington,

9 $17,700,000.

10 Project 91–D–175, 300 area electrical distribu11 tion, conversion, and safety improvements, Phase I,

12 Richland, Washington, $1,500,000.

13 Project 90–D–172, aging waste transfer lines,

14 Richland, Washington, $5,000,000.

15 Project 90–D–175, landlord program safety

16 compliance-I, Richland, Washington, $1,800,000.

17 Project 90–D–177, RWMC transuranic (TRU)

18 waste characterization and storage facility, Idaho

19 National Engineering Laboratory, Idaho,

20 $21,700,000.

21 Project 89–D–172, Hanford environmental

22 compliance, Richland, Washington, $11,700,000.

23 Project 89–D–173, tank farm ventilation up24 grade, Richland, Washington, $1,000,000.
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1 Project 89–D–174, replacement high-level waste

2 evaporator, Savannah River, South Carolina,

3 $23,974,000.

4 Project 89–D–175, hazardous waste/mixed

5 waste disposal facility, Savannah River, South Caro6 lina, $7,000,000.

7 Project 87–D–181, diversion box and pump pit

8 containment buildings, Savannah River, South Caro9 lina, $2,137,000.

10 Project 86–D–103, decontamination and waste

11 treatment facility, Lawrence Livermore National

12 Laboratory, California, $10,260,000.

13 Project 83–D–148, nonradioactive hazardous

14 waste management, Savannah River, South Caro15 lina, $9,769,000.

16 Project 81–T–105, defense waste processing fa17 cility, Savannah River, South Carolina, $43,873,000.

18 (c) CAPITAL EQUIPMENT.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1994 for capital equipment not related to con21 struction in carrying out environmental restoration and

22 waste management activities necessary for national secu23 rity programs in the amount of $203,826,000, to be allo24 cated as follows:

25 (1) For corrective activities, $600,000.
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1 (2) For waste management, $138,781,000.

2 (3) For technology development, $29,850,000.

3 (4) For transportation management, $400,000.

4 (5) For program direction, $9,469,000.

5 (6) For facility transition, $24,726,000

6 (d) USE OF FUNDS.—From funds authorized to be

7 appropriated pursuant to subsection (a) to the Depart8 ment of Energy for environmental restoration and waste

9 management activities, the Secretary of Energy may reim10 burse the cities of Westminster, Broomfield, Thornton,

11 and Northglenn, in the State of Colorado, $21,415,000 for

12 the cost of implementing water management programs.

13 Reimbursements for the water management programs

14 shall not be considered a major Federal action for pur15 poses of 102(2) of the National Environmental Policy Act

16 of 1969 (42 U.S.C. 4332(2)).

17 (e) GENERAL REDUCTION IN OPERATING EX18 PENSES.—The amount authorized to be appropriated for

19 operating expenses pursuant to subsection (a) is the

20 amount specified in that subsection reduced by

21 $40,000,000.

22 (f) PRIOR YEAR BALANCES.—The total amount au23 thorized to be appropriated pursuant to this section is the

24 sum of the amounts specified in subsections (a), (b), and

25 (c) reduced by $86,600,000. In determining the amount
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1 authorized to be appropriated pursuant to subsection (a)

2 for the purposes of this subsection, subsection (e) shall

3 be taken into account.

4 SEC. 3104. MATERIALS SUPPORT AND OTHER DEFENSE

5 PROGRAMS.

6 (a) OPERATING EXPENSES.—Funds are hereby au7 thorized to be appropriated to the Department of Energy

8 for fiscal year 1994 for operating expenses incurred in car9 rying out nuclear materials production and other defense

10 programs necessary for national security programs in the

11 amount of $2,171,039,000, to be allocated as follows:

12 (1) For materials support, $853,966,000.

13 (2) For verification and control technology,

14 $341,941,000.

15 (3) For nuclear safeguards and security,

16 $86,246,000.

17 (4) For security investigations, $53,335,000.

18 (5) For security evaluations, $14,961,000.

19 (6) For nuclear safety, $24,859,000.

20 (7) For worker training and adjustment,

21 $100,000,000.

22 (8) For naval reactors, $695,731,000.

23 (b) PLANT PROJECTS.—Funds are hereby authorized

24 to be appropriated to the Department of Energy for fiscal

25 year 1994 for plant projects (including maintenance, res-
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1 toration, planning, construction, acquisition, modification

2 of facilities, and the continuation of projects authorized

3 in prior years, and land acquisition related thereto) in car4 rying out nuclear materials production and other defense

5 programs necessary for national security programs as fol6 lows:

7 (1) For materials production:

8 Project GPD–146, general plant projects,

9 various locations, $31,760,000.

10 Project 93–D–147, domestic water system

11 upgrade, Phase I, Savannah River, South Caro12 lina, $7,720,000.

13 Project 93–D–148, replace high-level drain

14 lines, Savannah River, South Carolina,

15 $1,800,000.

16 Project 93–D–152, environmental modi17 fication for production facilities, Savannah

18 River, South Carolina, $20,000,000.

19 Project 92–D–140, F&H canyon exhaust

20 upgrades, Savannah River, South Carolina,

21 $15,000,000.

22 Project 92–D–142, nuclear material proc23 essing training center, Savannah River, South

24 Carolina, $8,900,000.
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1 Project 92–D–143, health protection in2 strument calibration facility, Savannah River,

3 South Carolina, $9,600,000.

4 Project 92–D–150, operations support fa5 cilities, Savannah River, South Carolina,

6 $26,900,000.

7 Project 92–D–153, engineering support fa8 cility, Savannah River, South Carolina,

9 $9,500,000.

10 Project 90–D–149, plantwide fire protec11 tion, Phases I and II, Savannah River, South

12 Carolina, $25,950,000.

13 Project 86–D–149, productivity retention

14 program, Phases I, II, III, IV, V, and VI, var15 ious locations, $3,700,000.

16 (2) For verification and control technology:

17 Project 90–D–186, center for national se18 curity and arms control, Sandia National Lab19 oratories, Albuquerque, New Mexico,

20 $8,515,000.

21 (3) For naval reactors development:

22 Project GPN–101, general plant projects,

23 various locations, $7,500,000.
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1 Project 93–D–200, engineering services fa2 cilities, Knolls Atomic Power Laboratory,

3 Niskayuna, New York, $7,000,000.

4 Project 92–D–200, laboratories facilities

5 upgrades, various locations, $2,800,000.

6 Project 90–N–102, expended core facility

7 dry cell project, Naval Reactors Facility, Idaho,

8 $7,800,000.

9 (c) CAPITAL EQUIPMENT.—Funds are hereby author10 ized to be appropriated to the Department of Energy for

11 fiscal year 1994 for capital equipment not related to con12 struction in carrying out nuclear materials production and

13 other defense programs necessary for national security

14 programs as follows:

15 (1) For material support, $75,209,000.

16 (2) For verification and control technology,

17 $15,573,000.

18 (3) For nuclear safeguards and security,

19 $4,101,000.

20 (4) For nuclear safety, $50,000.

21 (5) For naval reactors development,

22 $46,900,000.

23 (d) ADJUSTMENTS.—The total amount that may be

24 appropriated pursuant to this section is the sum of the
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1 amounts specified in subsections (a) through (c) reduced

2 by $393,132,000 for anticipated savings.

3 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

4 Funds are hereby authorized to be appropriated to

5 the Department of Energy for fiscal year 1994 for pay6 ment to the Nuclear Waste Fund, $120,000,000.

7 SEC. 3106. FUNDING USES AND LIMITATIONS.

8 (a) NATIONAL SECURITY PROGRAMS.—Notwith9 standing any other provision of law, not more than 90 per10 cent of the funds appropriated to the Department of En11 ergy for national security programs under this title may

12 be obligated for such programs until the Secretary of En13 ergy submits to the congressional defense committees the

14 five-year budget plan with respect to fiscal year 1994 re15 quired under section 3144 of the National Defense Au16 thorization Act for Fiscal Years 1990 and 1991 (Public

17 Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271b).

18 (b) INERTIAL CONFINEMENT FUSION.—Of the funds

19 authorized to be appropriated to the Department of En20 ergy for fiscal year 1994 for operating expenses and cap21 ital equipment, $188,413,000 shall be available for the de22 fense inertial confinement fusion program.

23 (c) FIRE PROTECTION AND COOLING OR REFRIGERA24 TION SYSTEMS.—None of the funds appropriated or other25 wise made available to the Department of Energy for fiscal
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1 year 1994 may be obligated for the design, purchase, or

2 installation of any fire protection system or cooling or re3 frigeration system that utilizes class I substances (as list4 ed under section 602(a) of the Clean Air Act (42 U.S.C.

5 7671a(a)) unless the Secretary of Energy determines that

6 an alternative system meeting the operational require7 ments of the Department of Energy is not commercially

8 available or is not cost-effective when analyzed under a

9 life-cycle cost analysis.

10 (d) NEW TRITIUM PRODUCTION ACTIVITIES AND

11 PLUTONIUM DISPOSITION ACTIVITIES.—Funds author12 ized to be appropriated for fiscal year 1994 or otherwise

13 made available to the Secretary of Energy for such fiscal

14 year for new tritium production activities and plutonium

15 disposition activities shall be available only for the follow16 ing purposes and in the following amounts:

17 (1) For evaluation of an advanced light water

18 reactor and a modular high temperature gas reactor

19 to determine the feasibility and effectiveness of dis20 posing of plutonium, production of tritium (if need21 ed), and production of electricity, $40,000,000.

22 (2) For evaluation of accelerator technology to

23 determine the feasibility and effectiveness of dispos24 ing of plutonium, production of tritium (if needed),

25 and production of electricity, $18,000,000.
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1 (3) For evaluation of an advance liquid metal

2 reactor to determine the feasibility and effectiveness

3 of disposing of plutonium, production of tritium (if

4 needed), and production of electricity, $25,000,000.

5 (e) EXPENDED CORE FACILITY DRY CELL.—None of

6 the funds appropriated or otherwise made available to the

7 Department of Energy for fiscal year 1994 may be obli8 gated for project 90–N–102, expended core facility dry cell

9 project, Naval Reactors Facility, Idaho, until shipment of

10 spent naval nuclear fuel from United States naval surface

11 ships and submarines to the Idaho Engineering Labora12 tory, Idaho, is resumed.

13 (f) NUCLEAR WEAPONS TESTING.—(1) Funds au14 thorized to be appropriated under section 3101(a)(2) for

15 the Department of Energy for fiscal year 1994 for weap16 ons testing and funds otherwise made available to the de17 partment for that fiscal year for that purpose shall be

18 available only for the following purposes and in the follow19 ing amounts:

20 (A) For infrastructure maintenance at the Ne21 vada Test Site, $131,250,000.

22 (B) For maintaining the technical capability to

23 resume testing at the Nevada Test Site,

24 $109,375,000.
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1 (C) For activities, including research and devel2 opment, of Department of Energy laboratories in de3 termining means of nuclear weapons testing as alter4 natives to underground nuclear weapons testing,

5 $134,375,000.

6 (2) The Secretary of Energy may not obligate an ag7 gregate amount in excess of $180,000,000 for the pur8 poses described in subparagraphs (B) and (C) of para9 graph (1) until the Secretary submits to the congressional

10 defense committees a detailed plan for carrying out the

11 activities described in subparagraphs (B) and (C) of that

12 paragraph.

13 (3) Each year at the time of the President’s submis14 sion of a a budget under section 1105 of title 31, United

15 States Code, the President shall submit a report covering

16 the most recently completed calendar year setting forth—

17 (A) Whether the Stockpile Surveillance Pro18 gram of the Department of Energy, and the calcula19 tions and experiments performed by Sandia National

20 Laboratories, Lawrence Livermore National Labora21 tory, or Los Alamos National Laboratory have

22 raised any concerns with regard to the safety, secu23 rity, effectiveness, or reliability or existing United

24 States nuclear weapons; and
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1 (B) If such concerns have been raised, the

2 President’s evaluation of each concern and report on

3 what actions are being or will be taken to address

4 it.

5 (g) VERIFICATION CONTROL TECHNOLOGY.—Of the

6 funds authorized to be appropriated to the Department

7 of Energy for fiscal year 1994 for operating expenses and

8 capital equipment for activities relating to verification and

9 control technology, not more than $334,441,000 may be

10 obligated until the Secretary of Defense submits the report

11 required by section 1104.

12 (h) SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

13 ENVIRONMENTAL AND WASTE MANAGEMENT.—Of the

14 funds authorized to be appropriated to the Department

15 of Energy for fiscal year 1994 for environmental restora16 tion and waste management, $1,000,000 shall be available

17 for the Scholarship and Fellowship Program for Environ18 mental Restoration and Waste Management carried out

19 under section 3132 of the National Defense Authorization

20 Act for Fiscal Years 1992 and 1993 (Public Law 102–

21 190; 42 U.S.C. 7274e).

22 (i) HANFORD HEALTH INFORMATION NETWORK.—

23 Of the funds authorized to be appropriated to the Depart24 ment of Energy for fiscal year 1994 under section

25 3101(a), $1,750,000 shall be available for activities relat-
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1 ing to the Hanford health information network established

2 pursuant to the authority set forth in section 3138 of the

3 National Defense Authorization Act for Fiscal Year 1991

4 (Public Law 101–510; 104 Stat. 1834).

5 (j) PROTECTION OF NUCLEAR WEAPONS FACILITIES

6 WORKERS.—Of the funds authorized to be appropriated

7 to the Department of Energy for fiscal year 1994 for envi8 ronmental restoration and waste management,

9 $10,000,000 shall be available for activities relating to

10 worker protection at nuclear weapons facilities.

11 (k) MERGER OF CERTAIN FUNDS WITH FUNDS AP12 PROPRIATED FOR NEW PRODUCTION REACTORS.—Not13 withstanding any other provision of law, of the funds made

14 available to the Department of Energy for new production

15 reactor activities before the date of the enactment of this

16 Act, $43,000,000 shall be merged with the funds author17 ized to be appropriated for new tritium production and

18 plutonium disposition under section 3102 and shall be

19 available for the same purposes and the same period as

20 the funds with which merged.

21 (l) TECHNOLOGY TRANSFER AND ECONOMIC DEVEL22 OPMENT.—None of the funds appropriated to the Depart23 ment of Energy for fiscal year 1994 pursuant to the au24 thorization of appropriations in section 3103, or otherwise

25 made available to the department for environmental res-
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1 toration and waste management activities for such fiscal

2 year, may be obligated to foster technology transfer to and

3 economic development activities in the Southeastern Unit4 ed States until 30 days after the date on which the Sec5 retary of Energy submits to the congressional defense

6 committees a report containing a plan for the expenditure

7 of funds in a manner that ensures an equitable expendi8 ture of funds for such purposes throughout the Southeast9 ern United States.

10 Subtitle B—Recurring General Provisions

11 SEC. 3121. REPROGRAMMING.

12 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

13 provided in this title—

14 (A) no amount appropriated pursuant to this

15 title may be used for any program in excess of the

16 lesser of—

17 (i) 105 percent of the amount authorized

18 for that program by this title; or

19 (ii) $10,000,000 more than the amount

20 authorized for that program by this title; and

21 (B) no amount appropriated pursuant to this

22 title may be used for any program which has not

23 been presented to, or requested of, the Congress.

24 (2) An action described in paragraph (1) may not be

25 taken until—
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1 (A) the Secretary of Energy has submitted to

2 the congressional defense committees a report con3 taining a full and complete statement of the action

4 proposed to be taken and the facts and cir5 cumstances relied upon in support of such proposed

6 action; and

7 (B) a period of 30 days has elapsed after the

8 date on which the report is received by the commit9 tees.

10 (3) In the computation of the 30-day period under

11 paragraph (2), there shall be excluded any day on which

12 either House of Congress is not in session because of an

13 adjournment of more than 3 calendar days to a day cer14 tain.

15 (b) LIMITATION ON AMOUNT OBLIGATED.—In no

16 event may the total amount of funds obligated pursuant

17 to this title exceed the total amount authorized to be ap18 propriated by this title.

19 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

20 (a) IN GENERAL.—The Secretary of Energy may

21 carry out any construction project under the general plant

22 projects provisions authorized by this title if the total esti23 mated cost of the construction project does not exceed

24 $2,000,000.
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1 (b) REPORT TO CONGRESS.—If, at any time during

2 the construction of any general plant project authorized

3 by this title, the estimated cost of the project is revised

4 because of unforeseen cost variations and the revised cost

5 of the project exceeds $2,000,000, the Secretary shall im6 mediately furnish a complete report to the congressional

7 defense committees explaining the reasons for the cost

8 variation.

9 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

10 (a) IN GENERAL.—(1) Except as provided in para11 graph (2), construction on a construction project may not

12 be started or additional obligations incurred in connection

13 with the project above the total estimated cost, whenever

14 the current estimated cost of the construction project,

15 which is authorized by sections 3101, 3102, 3103, and

16 3104, or which is in support of national security programs

17 of the Department of Energy and was authorized by any

18 previous Act, exceeds by more than 25 percent the higher

19 of—

20 (A) the amount authorized for the project; or

21 (B) the amount of the total estimated cost for

22 the project as shown in the most recent budget jus23 tification data submitted to Congress.

24 (2) An action described in paragraph (1) may be

25 taken if—
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1 (A) the Secretary of Energy has submitted to

2 the congressional defense committees a report on the

3 actions and the circumstances making such actions

4 necessary; and

5 (B) a period of 30 days has elapsed after the

6 date on which the report is received by the commit7 tees.

8 (3) In the computation of the 30-day period under

9 paragraph (2), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 calendar days to a day cer12 tain.

13 (b) EXCEPTION.—Subsection (a) shall not apply to

14 any construction project which has a current estimated

15 cost of less than $5,000,000.

16 SEC. 3124. FUND TRANSFER AUTHORITY.

17 Funds appropriated pursuant to this title may be

18 transferred to other agencies of the Federal Government

19 for the performance of the work for which the funds were

20 appropriated, and funds so transferred may be merged

21 with the appropriations of the agency to which the funds

22 are transferred.

23 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

24 (a) IN GENERAL.—(1) Within the amounts author25 ized by this title for plant engineering and design, the Sec-
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1 retary of Energy may carry out advance planning and con2 struction design (including architectural and engineering

3 services) in connection with any proposed construction

4 project if the total estimated cost for such planning and

5 design does not exceed $2,000,000.

6 (2) In the case of any project in which the total esti7 mated cost for advance planning and design exceeds

8 $300,000, the Secretary shall notify the congressional de9 fense committees in writing of the details of such project

10 at least 30 days before any funds are obligated for design

11 services for such project.

12 (b) SPECIFIC AUTHORITY REQUIRED.—In any case

13 in which the total estimated cost for advance planning and

14 construction design in connection with any construction

15 project exceeds $2,000,000, funds for such planning and

16 design must be specifically authorized by law.

17 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE18 SIGN, AND CONSTRUCTION ACTIVITIES.

19 (a) AUTHORITY.—The Secretary of Energy may use

20 any funds available to the Department of Energy, includ21 ing those funds authorized to be appropriated for advance

22 planning and construction design under sections 3101,

23 3102, 3103, 3104, to perform planning, design, and con24 struction activities for any Department of Energy defense

25 activity construction project that, as determined by the
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1 Secretary, must proceed expeditiously in order to protect

2 public health and safety, meet the needs of national de3 fense, or protect property.

4 (b) LIMITATION.—The Secretary may not exercise

5 the authority under subsection (a) in the case of any con6 struction project until the Secretary has submitted to the

7 congressional defense committees a report on the activities

8 that the Secretary intends to carry out under this section

9 and the circumstances making such activities necessary.

10 (c) SPECIFIC AUTHORITY.—The requirement of sec11 tion 3125(b) does not apply to emergency planning, de12 sign, and construction activities conducted under this sec13 tion.

14 (d) REPORT.—The Secretary of Energy shall prompt15 ly report to the congressional defense committees any ex16 ercise of authority under this section.

17 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU18 RITY PROGRAMS OF THE DEPARTMENT OF

19 ENERGY.

20 Subject to the provisions of appropriation Acts and

21 section 3121, amounts appropriated pursuant to this title

22 for management and support activities and for general

23 plant projects are available for use, when necessary, in

24 connection with all national security programs of the De25 partment of Energy.
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1 SEC. 3128. AVAILABILITY OF FUNDS.

2 When so specified in an appropriation Act, amounts

3 appropriated for operating expenses, plant projects, and

4 capital equipment may remain available until expended.

5 Subtitle C—Other Matters

6 SEC. 3131. USE OF FUNDS FOR PAYMENT OF PENALTY AS7 SESSED AGAINST HANFORD PROJECT.

8 The Secretary of Energy may pay to the Hazardous

9 Substances Response Trust, from funds appropriated to

10 the Department of Energy for environmental restoration

11 and waste management activities pursuant to section

12 3103, a stipulated civil penalty in the amount of $100,000

13 assessed under the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42

15 U.S.C. 9601 et seq.) and the Hanford Consent Agreement

16 and Compliance Order for Department of Energy Han17 ford.

18 SEC. 3132. OFFICE OF TRITIUM PRODUCTION AND PLUTO19 NIUM DISPOSITION.

20 (a) ESTABLISHMENT.—There is hereby established in

21 the Office of the Assistant Secretary of Energy for De22 fense Programs an Office of Tritium Production and Plu23 tonium Disposition.

24 (b) RESPONSIBILITIES.—The responsibilities of the

25 office shall include the following:
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1 (1) Activities relating to the development, de2 sign, and construction (including research in support

3 thereof) of a tritium production facility in order to

4 ensure that a tritium production facility replacing

5 existing tritium production facilities of the Depart6 ment of Energy and capable of meeting the antici7 pated need of the Department of Defense for tritium

8 is in operation no later than December 31, 2011.

9 (2) Carrying out the evaluation of an advanced

10 light water reactor and a high temperature gas reac11 tor referred to in section 3105(d)(2) of the National

12 Defense Authorization Act for Fiscal Year 1993

13 (Public Law 102–484; 106 Stat. 2636).

14 (3) Activities relating to the design, develop15 ment, and construction (including research in sup16 port thereof) of the reactors referred to in para17 graph (2).

18 (4) Research and development activities relating

19 to design, development, and construction by the De20 partment of Energy of an advanced metal reactor

21 that utilizes an actinide recycling process and that

22 is capable of burning plutonium, producing tritium,

23 and producing electricity.

24 (5) Research and development activities relating

25 to the design, development, and construction by the
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1 Department of Energy of an accelerator technology

2 that is capable of burning plutonium, producing trit3 ium, and producing electricity.

4 (6) Activities relating to the design, develop5 ment, and construction (including research in sup6 port thereof) of a facility to treat and dispose of ex7 cess plutonium.

8 SEC. 3133. AUTHORITY TO TRANSFER CERTAIN DEPART9 MENT OF ENERGY PROPERTY.

10 (a) AUTHORITY TO TRANSFER.—(1) Notwithstand11 ing any other provision of law, the Secretary of Energy

12 may transfer, for consideration, all right, title, and inter13 est of the United States in and to the property referred

14 to in subsection (b) to any person if the Secretary deter15 mines that such transfer will mitigate the adverse eco16 nomic consequences that might otherwise arise from the

17 closure of a Department of Energy facility.

18 (2) The amount of consideration received by the

19 United States for a transfer under paragraph (1) may be

20 less than the fair market value of the property transferred

21 if the Secretary determines that the receipt of such lesser

22 amount by the United States is in accordance with the

23 purpose of such transfer under this section.

24 (b) COVERED PROPERTY.—Property that may be

25 transferred under subsection (a) is the following property
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1 of the Department of Energy that is located at department

2 facilities to be closed:

3 (1) The personal property and fixtures at such

4 facilities that the Secretary determines to be excess

5 to the needs of the department.

6 (2) Any other personal property and fixtures at

7 such facilities the replacement cost of which does not

8 exceed an amount equal to 110 percent of the cost

9 of transporting the property or fixtures to another

10 department facility.

11 (c) OTHER TERMS AND CONDITIONS.—The Secretary

12 may require such additional terms and conditions with re13 spect to a transfer of property under subsection (a) as

14 the Secretary determines appropriate to protect the inter15 ests of the United States.

16 SEC. 3134. REAUTHORIZATION AND EXPANSION OF AU17 THORITY TO LOAN PERSONNEL AND FACILI18 TIES.

19 (a) AUTHORITY TO LOAN PERSONNEL.—Subsection

20 (a)(1) of section 1434 of the National Defense Authoriza21 tion Act, Fiscal Year 1989 (Public Law 100–456; 102

22 Stat. 2074), as amended by section 3136 of the National

23 Defense Authorization Act for Fiscal Year 1991 (Public

24 Law 101–510; 104 Stat. 1824) and section 3136 of Na-
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1 tional Defense Authorization for Fiscal Year 1993 (Public

2 Law 102–484; 106 Stat. 2641), is further amended—

3 (1) in subparagraph (A)—

4 (A) by striking out ‘‘and’’ at the end of

5 clause (i):

6 (B) by striking out the period at the end

7 of clause (ii) and inserting in lieu thereof a

8 semicolon; and

9 (C) by adding at the end the following:

10 ‘‘(iii) at the Savannah River Site, South Caro11 lina, to loan personnel in accordance with this sec12 tion to any community-based organization; and

13 ‘‘(iv) at Oak Ridge, Tennessee, to loan person14 nel in accordance with this section to any commu15 nity-based organization.’’; and

16 (2) in subparagraph (B)—

17 (A) by striking out ‘‘and the Idaho’’ and

18 inserting in lieu thereof ‘‘, the Idaho’’; and

19 (B) by adding before the period at the end

20 the following: ‘‘, the Savannah River Site, and

21 Oak Ridge’’.

22 (b) AUTHORITY TO LOAN FACILITIES.—Subsection

23 (b) of such Act is amended—

24 (1) by striking out ‘‘or the Idaho’’ and inserting

25 in lieu thereof ‘‘the Idaho’’; and
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1 (2) by inserting ‘‘Savannah River Site, South

2 Carolina, or Oak Ridge, Tennessee,’’ before ‘‘to any

3 community-based organization’’.

4 (c) DURATION OF PROGRAM.—Subsection (c) of such

5 section is amended—

6 (1) by striking out ‘‘Reservation, and’’ and in7 serting in lieu thereof ‘‘Reservation,’’; and

8 (2) by inserting after ‘‘Idaho National Engi9 neering Laboratory’’ the following: ‘‘, and September

10 30, 1995, with respect to the Savannah River Site,

11 and to Oak Ridge’’.

12 SEC. 3135. INCLUSION OF ANALYSIS OF NEVADA TEST SITE

13 IN ENVIRONMENTAL ASSESSMENT OF RE14 CONFIGURATION OF DEPARTMENT OF EN15 ERGY NUCLEAR WEAPONS COMPLEX.

16 In preparing an environmental impact statement in

17 connection with a decision to reconfigure the functions,

18 facilities, and personnel of the Department of Energy re19 lating to research and development, production, and test20 ing of nuclear materials and weapons, the Secretary of

21 Energy shall include an analysis of the Nevada Test Site

22 as a potential site for the location of some or all of such

23 functions, facilities, and personnel.
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1 SEC. 3136. DEPARTMENT OF ENERGY MANAGEMENT.

2 (a) UNDER SECRETARIES.—Section 202 of the De3 partment of Energy Organization Act (42 U.S.C. 7132)

4 is amended—

5 (1) in subsection (a), by striking out ‘‘Under

6 Secretary’’ and inserting in lieu thereof ‘‘Under Sec7 retaries’’; and

8 (2) by striking out subsection (b) and inserting

9 in lieu thereof the following:

10 ‘‘(b) There shall be in the Department three Under

11 Secretaries and a General Counsel, who shall be appointed

12 by the President, by and with the advice and consent of

13 the Senate, and who shall perform such functions and du14 ties the Secretary prescribes. The Under Secretaries shall

15 be compensated at the rate for level III of the Executive

16 Schedule under section 5314 of title 5, United States

17 Code, and the General Counsel shall be compensated at

18 the rate provided for level IV of the Executive Schedule

19 under section 5315 of title 5, United States Code.’’.

20 (b) RATES OF PAY.—Section 5314 of title 5, United

21 States Code, is amended by striking out the item relating

22 to the Under Secretary, Department of Energy, and in23 serting in lieu thereof the following:

24 ‘‘Under Secretaries, Department of Energy

25 (3).’’.
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1 SEC. 3137. TRAINING PROGRAMS FOR MANAGEMENT OF

2 HAZARDOUS MATERIALS AND OF HAZARDOUS

3 MATERIALS EMERGENCY RESPONSE ACTIVI4 TIES.

5 (a) AUTHORITY TO CARRY OUT PROGRAMS.—The

6 Secretary of Energy may carry out the programs described

7 in subsection (b) for persons who work with hazardous

8 materials.

9 (b) NATURE OF PROGRAMS.—The programs referred

10 to in subsection (a) are programs relating to management

11 of hazardous materials and of hazardous materials emer12 gency response that are designed to enhance the safety

13 of the persons referred to in subsection (a) and to protect

14 the environment.

15 (c) REGIONAL TRAINING CENTERS.—(1) The pro16 grams referred to in subsection (a) may be conducted at

17 regional training centers to be operated under the super18 vision of the Secretary by qualified (as determined by the

19 Secretary) not-for-profit organizations acting in coopera20 tion with States, labor organizations, or Indian tribes.

21 (2) In consultation with appropriate representatives

22 of colleges and universities and other organizations having

23 appropriate technical expertise, the Secretary may de24 velop—

25 (A) standards relating to the operation of cen26 ters under this subsection; and
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1 (B) the curricula of the training programs car2 ried out under subsection (a).

3 (d) AUTHORITY TO CONSTRUCT FACILITIES.—The

4 Secretary may, in cooperation with the Chief of Engineers

5 of the Army, construct such facilities as the Secretary de6 termines necessary to carry out the training programs au7 thorized under subsection (a), including regional training

8 centers located at Department of Energy sites.

9 (e) DEFINITION.—In this section, the term ‘‘Indian

10 tribe’’ has the meaning provided in section 4(e) of the In11 dian Self-Determination and Education Assistance Act

12 (25 U.S.C. 450b(e)).

13 (f) FUNDING.—From funds authorized to be appro14 priated to the Secretary of Energy under this division,

15 $20,000,000 may be used to carry out programs author16 ized in subsection (a).

17 SEC. 3138. REVIEW OF DEPARTMENT OF ENERGY ENVIRON18 MENTAL COMPLIANCE AGREEMENTS.

19 (a) REVIEW REQUIRED.—The Secretary of Energy

20 shall review each agreement that the Department of En21 ergy has entered into with the Environmental Protection

22 Agency, a State, or an Indian tribe to bring a Department

23 of Energy facility into compliance with the requirements

24 of the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal

25 Water Pollution Control Act (42 U.S.C. 6901 et seq.), the
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1 Comprehensive Environmental Response Compensation

2 and Liability Act (42 U.S.C. 9601 et seq.), the Solid

3 Waste Disposal Act (42 U.S.C. 6901 et seq.), or a com4 parable State or local government law or regulation.

5 (b) CONTENT OF REVIEW.—The review required by

6 subsection (a) shall identify all required actions or mile7 stones that—

8 (1) can be completed faster than the schedule

9 provided in the agreement;

10 (2) are unnecessary because of—

11 (A) technological or programmatic

12 changes; or

13 (B) changes in circumstances or assump14 tions;

15 (3) cannot be completed by the completion date

16 scheduled in the agreement, but can be accomplished

17 within a reasonable time after such date by the use

18 of a more efficient or more cost-effective technology

19 than the technology that has been used;

20 (4) cannot be completed by the completion date

21 scheduled in the agreement because necessary tech22 nology will not be available in time to meet that

23 schedule;

24 (5) cannot be completed by the completion date

25 scheduled in the agreement because site character-
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1 ization, site analysis, or another necessary informa2 tion collection activity will not be completed in time

3 to meet that schedule; or

4 (6) may endanger worker health and safety if

5 carried out within the period provided in the agree6 ment.

7 (c) CONSULTATION REQUIREMENT.—In conducting

8 the review of an agreement pursuant to subsection (a),

9 the Secretary shall consult with all parties to the agree10 ment and representatives of the community in which the

11 Department of Energy facility covered by the agreement

12 is located.

13 (d) REPORT TO CONGRESS.—The Secretary of En14 ergy, at the same time that the President submits to Con15 gress the budget for fiscal year 1996 pursuant to section

16 1105 of title 31, United States Code, shall submit to Con17 gress a report setting forth the following matters:

18 (1) The results of the review conducted pursu19 ant to subsection (a).

20 (2) Any alternatives to the milestones and com21 mitments that the Secretary considers appropriate.

22 (3) An explanation of any alternative action or

23 milestone that the Secretary considers necessary,

24 and the reason such alternative is necessary.

25 (4) For each such alternative—
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1 (A) the date on which the alternative was

2 presented to the other parties to the agreement

3 concerned;

4 (B) whether the alternative was accepted,

5 rejected, or modified by any party to the agree6 ment; and

7 (C) whether the agreement was modified to

8 incorporate the alternative.

9 (e) EXISTING OBLIGATIONS.—(1) Notwithstanding

10 any other provision of this section, nothing in this Act is

11 intended to void or amend any obligation of the United

12 States under any agreement referred to in subsection (a).

13 In addition, this section is not intended to require any

14 party to any agreement referred to in subsection (a) to

15 renegotiate its agreement.

16 (2) The Secretary of Energy shall, 60 days prior to

17 filing its report required in subsection (d), provide a copy

18 of the proposed report and request comments from parties

19 to agreements referred to in subsection (a). Any such com20 ments received shall be printed as an appendix to the re21 port to Congress.

22 SEC. 3139. EXTENSION OF REVIEW OF WASTE ISOLATION

23 PILOT PLANT IN NEW MEXICO.

24 Section 1433(a) of the National Defense Authoriza25 tion Act, Fiscal Year 1989 (Public Law 100–456; 102
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1 Stat. 2073) is amended in the second sentence by striking

2 out ‘‘four additional one-year periods’’ and inserting in

3 lieu thereof ‘‘nine additional one-year period’’.

4 SEC. 3140. STANDARDIZATION OF REQUIREMENTS AFFECT5 ING DEPARTMENT OF ENERGY EMPLOYEES.

6 (a) Part A of title VI of the Department of Energy

7 Organization Act (42 U.S.C. 7211 through 7218) is re8 pealed.

9 (b) The table of contents for the Department of En10 ergy Organization Act is amended by striking out the mat11 ter relating to part A of title VI.

12 Subtitle D—Cooperative Research and

13 Development

14 SEC. 3141. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Department of En16 ergy National Competitiveness Technology Partnership

17 Act of 1993’’.

18 SEC. 3142. DEFINITIONS.

19 For purposes of this subtitle, the term—

20 (a) ‘‘Department’’ means the United States De21 partment of Energy; and

22 (b) ‘‘Secretary’’ means the Secretary of the

23 United States Department of Energy.
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1 SEC. 3143. COMPETITIVENESS AMENDMENT TO THE DE2 PARTMENT OF ENERGY ORGANIZATION ACT.

3 (a) The Department of Energy Organization Act is

4 amended by adding the following new title (42 U.S.C.

5 7101 et seq.):

6 ‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS

7 ‘‘SEC. 1101. FINDINGS, PURPOSES AND DEFINITIONS.

8 ‘‘(a) FINDINGS.—For purposes of this title, Congress

9 finds that—

10 ‘‘(1) the Department has scientific and tech11 nical resources within the departmental laboratories

12 in many areas of importance to the economic, sci13 entific and technological competitiveness of United

14 States industry;

15 ‘‘(2) the extensive scientific and technical in16 vestment in people, facilities and equipment in the

17 departmental laboratories can contribute to the

18 achievement of national technology goals in areas

19 such as the environment, health, space, and trans20 portation;

21 ‘‘(3) the Department has pursued aggressively

22 the transfer of technology from departmental labora23 tories to the private sector; however, the capabilities

24 of the laboratories could be made more fully acces25 sible to United States industry and to other Federal

26 agencies;
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1 ‘‘(4) technology development has been increas2 ingly driven by the commercial marketplace, and the

3 private sector has research and development capa4 bilities in a broad range of generic technologies;

5 ‘‘(5) the Department and the departmental

6 laboratories would benefit, in carrying out their

7 missions, from collaboration and partnership with

8 United States industry and other Federal agencies;

9 and

10 ‘‘(6) partnerships between the departmental

11 laboratories and United States industry can provide

12 significant benefits to the Nation as a whole, includ13 ing creation of jobs for United States workers and

14 improvement of the competitive position of the

15 United States in key sectors of the economy such as

16 aerospace, automotive, chemical and electronics.

17 ‘‘(b) PURPOSES.—The purposes of this title are—

18 ‘‘(1) to promote partnerships among the De19 partment, the departmental laboratories and the pri20 vate sector;

21 ‘‘(2) to establish a goal for the amount of de22 partmental laboratory resources to be committed to

23 partnerships;

24 ‘‘(3) to ensure that the Department and the de25 partmental laboratories play an appropriate role,
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1 consistent with the core competencies of the labora2 tories, in implementing the President’s critical tech3 nology strategies;

4 ‘‘(4) to provide additional authority to the Sec5 retary to enter into partnerships with the private

6 sector to carry out research, development, dem7 onstration and commercial application activities;

8 ‘‘(5) to streamline the approval process for co9 operative research and development agreements pro10 posed by the departmental laboratories; and

11 ‘‘(6) to facilitate greater cooperation between

12 the Department and other federal agencies as part

13 of an integrated national effort to improve United

14 States competitiveness.

15 ‘‘(c) DEFINITIONS.—For purposes of this title, the

16 term—

17 ‘‘(1) ‘cooperative research and development

18 agreement’ has the meaning given that term in sec19 tion 12 of the Stevenson-Wydler Technology Innova20 tion Act of 1980 (15 U.S.C. 3710a(d)(1));

21 ‘‘(2) ‘core competency’ means an area in which

22 the Secretary determines a departmental laboratory

23 has developed expertise and demonstrated capabili24 ties;
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1 ‘‘(3) ‘critical technology’ means a technology

2 identified in the Report of the National Critical

3 Technologies Panel;

4 ‘‘(4) ‘departmental laboratory’ means a facility

5 operated by or on behalf of the Department that

6 would be considered a laboratory as that term is de7 fined in section 12 of the Stevenson-Wydler Tech8 nology Innovation Act of 1980 (15 U.S.C.

9 3710a(d)(2)) or any other laboratory or facility des10 ignated by the Secretary;

11 ‘‘(5) ‘disadvantaged’ has the same meaning as

12 that term has in section 8(a) (5) and (6) of the

13 Small Business Act (15 U.S.C. 637(a) (5) and (6));

14 ‘‘(6) ‘dual-use technology’ means a technology

15 that has military and commercial applications;

16 ‘‘(7) ‘educational institution’ means a college,

17 university, or elementary or secondary school, in18 cluding any not-for-profit organization dedicated to

19 education that would be exempt under section

20 501(a) of the Internal Revenue Code of 1986;

21 ‘‘(8) ‘minority college or university’ means a

22 historically Black college or university that would be

23 considered a ‘part B institution’ by section 322(2) of

24 the Higher Education Act of 1965 (20 U.S.C.

25 1061(2)) or a ‘minority institution’ as that term is
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1 defined in section 1046 of the Higher Education Act

2 of 1965 (20 U.S.C. 1135d–5(3));

3 ‘‘(9) ‘multi-program departmental laboratory’

4 means any of the following: Argonne National Lab5 oratory, Brookhaven National Laboratory, Idaho

6 National Engineering Laboratory, Lawrence Berke7 ley Laboratory, Lawrence Livermore National Lab8 oratory, Los Alamos National Laboratory, National

9 Renewable Energy Laboratory, Oak Ridge National

10 Laboratory, Pacific Northwest Laboratory, and

11 Sandia National Laboratories;

12 ‘‘(10) ‘partnership’ means any arrangement

13 under which the Secretary or one or more depart14 mental laboratories undertakes research, develop15 ment, demonstration, commercial application or

16 technical assistance activities in cooperation with one

17 or more non-Federal partners and which may in18 clude partners from other Federal agencies;

19 ‘‘(11) ‘Report of the National Critical Tech20 nologies Panel’ means the biennial report on na21 tional critical technologies submitted to Congress by

22 the President pursuant to section 603(d) of the Na23 tional Science and Technology Policy, Organization,

24 and Priorities Act of 1976 (42 U.S.C. 6683(d)); and
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1 ‘‘(12) ‘small business’ means a business concern

2 that meets the applicable standards prescribed pur3 suant to section 3(a) of the Small Business Act (15

4 U.S.C. 632(a)).

5 ‘‘SEC. 1102. GENERAL AUTHORITY.

6 ‘‘(a)(1) In carrying out the missions of the Depart7 ment, the Secretary and the departmental laboratories

8 may conduct research, development, demonstration or

9 commercial application activities that build on the core

10 competencies of the departmental laboratories.

11 ‘‘(2) In addition to missions established pursu12 ant to other laws, the Secretary may assign to de13 partmental laboratories any of the following mis14 sions:

15 ‘‘(A) National security, including the—

16 ‘‘(i) advancement of the military ap17 plication of atomic energy;

18 ‘‘(ii) support of the production of

19 atomic weapons, or atomic weapons parts,

20 including special nuclear materials;

21 ‘‘(iii) support of naval nuclear propul22 sion programs;

23 ‘‘(iv) support for the dismantlement of

24 atomic weapons and the safe storage,
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1 transportation and disposal of special nu2 clear materials;

3 ‘‘(v) development of technologies and

4 techniques for the safe storage, processing,

5 treatment, transportation, and disposal of

6 hazardous waste (including radioactive

7 waste) resulting from nuclear materials

8 production, weapons production and sur9 veillance programs, and naval nuclear pro10 pulsion programs and of technologies and

11 techniques for the reduction of environ12 mental hazards and contamination due to

13 such waste and the environmental restora14 tion of sites affected by such waste;

15 ‘‘(vi) development of technologies and

16 processes that facilitate the effective nego17 tiation and verification of international

18 arms control agreements and the contain19 ment of the proliferation of nuclear weap20 ons and the proliferation of delivery sys21 tems for such weapons; and

22 ‘‘(vii) protection of health and pro23 motion of safety in carrying out other na24 tional security missions.
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1 ‘‘(B) Energy-related science and tech2 nology, including the—

3 ‘‘(i) enhancement of the understand4 ing of all forms of energy production and

5 use;

6 ‘‘(ii) support of basic and applied re7 search on the fundamental nature of mat8 ter and energy, including construction and

9 operation of unique scientific instruments;

10 ‘‘(iii) development of energy resources,

11 including solar, geothermal, fossil, and nu12 clear energy resources, and related fuel cy13 cles;

14 ‘‘(iv) pursuit of a comprehensive pro15 gram of research and development on the

16 environmental effects of energy tech17 nologies and programs;

18 ‘‘(v) development of technologies and

19 processes to reduce the generation of waste

20 or pollution or the consumption of energy

21 or materials;

22 ‘‘(vi) development of technologies and

23 techniques for the safe storage, processing,

24 treatment, management, transportation
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1 and disposal of nuclear waste resulting

2 from commercial nuclear activities; and

3 ‘‘(vii) improvement of the quality of

4 education in science, mathematics, and en5 gineering.

6 ‘‘(C) Technology transfer.

7 ‘‘(3)(A) In addition to the missions identified in

8 subsection (a)(2), the Departmental laboratories

9 may pursue supporting missions to the extent that

10 these supporting missions—

11 ‘‘(i) support the technology policies of the

12 President;

13 ‘‘(ii) are developed in consultation with and

14 coordinated with any other Federal agency or

15 agencies that carry out such mission activities;

16 ‘‘(iii) are built upon the competencies de17 veloped in carrying out the primary missions

18 identified in subsection (a)(2) and do not inter19 fere with the pursuit of the missions identified

20 in subsection (a)(2); and

21 ‘‘(iv) are carried out through a process

22 that solicits the views of United States industry

23 and other appropriate parties.

24 ‘‘(B) These supporting missions shall include

25 activities in the following areas:
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1 ‘‘(i) developing and operating high-per2 formance computing and communications sys3 tems, with the goals of contributing to a na4 tional information infrastructure and address5 ing complex scientific and industrial challenges

6 which require large-scale computational capa7 bilities;

8 ‘‘(ii) conducting research on and develop9 ment of advanced manufacturing systems and

10 technologies, with the goal of assisting the pri11 vate sector in improving the productivity, qual12 ity, energy efficiency, and control of manufac13 turing processes; and

14 ‘‘(iii) conducting research on and develop15 ment of advanced materials, with the goals of

16 increasing energy efficiency, environmental pro17 tection, and improved industrial performance.

18 ‘‘(4) In carrying out the Department’s missions,

19 the Secretary, and the directors of the departmental

20 laboratories, shall, to the maximum extent prac21 ticable, make use of partnerships. Such partnerships

22 shall be for purposes of the following:

23 ‘‘(A) to lead to the development of tech24 nologies that the private sector can commer25 cialize in areas of technology with broad appli-
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1 cation important to United States technological

2 and economic competitiveness;

3 ‘‘(B) to provide Federal support in areas

4 of technology where the cost or risk is too high

5 for the private sector to support alone but that

6 offer a potentially high payoff to the United

7 States;

8 ‘‘(C) to contribute to the education and

9 training of scientists and engineers;

10 ‘‘(D) to provide university and private re11 searchers access to departmental laboratory fa12 cilities; or

13 ‘‘(E) to provide technical expertise to uni14 versities, industry or other Federal agencies.

15 ‘‘(b) The Secretary, in carrying out partnerships,

16 may enter into agreements using instruments authorized

17 under applicable laws, including but not limited to con18 tracts, cooperative research and development agreements,

19 work for other agreements, user-facility agreements, coop20 erative agreements, grants, personnel exchange agree21 ments and patent and software licenses with any person,

22 any agency or instrumentality of the United States, any

23 State or local governmental entity, any educational institu24 tion, and any other entity, private sector or otherwise.
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1 ‘‘(c) The Secretary and the directors of the depart2 mental laboratories shall utilize partnerships with United

3 States industry, to the maximum extent practicable, to en4 sure that technologies developed in pursuit of the Depart5 ment’s missions are applied and commercialized in a time6 ly manner.

7 ‘‘(d) The Secretary shall work with other Federal

8 agencies to carry out research, development, demonstra9 tion or commercial application activities where the core

10 competencies of the departmental laboratories could con11 tribute to the missions of such other agencies.

12 ‘‘SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS

13 BETWEEN DEPARTMENTAL LABORATORIES

14 AND UNITED STATES INDUSTRY.

15 ‘‘(a) Beginning in fiscal year 1994, the Secretary

16 shall establish a goal to make available for cost-shared

17 partnerships with United States industry not less than 20

18 percent of the annual funds provided by the Secretary to

19 each multi-program departmental laboratory for research,

20 development, demonstration and commercial application

21 activities.

22 ‘‘(b) Beginning in fiscal year 1994, the Secretary

23 shall establish an appropriate goal for the amount of re24 sources to be made available for cost-shared partnerships
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1 with United States industry at other departmental labora2 tories.

3 ‘‘SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOP4 MENT OF CRITICAL TECHNOLOGY STRATE5 GIES.

6 ‘‘(a) The Secretary shall develop a multi-year critical

7 technology strategy for research, development, demonstra8 tion and commercial application activities supported by

9 the Department for the critical technologies listed in the

10 Report of the National Critical Technologies Panel.

11 ‘‘(b) In developing such strategy, the Secretary

12 shall—

13 ‘‘(1) identify the core competencies of each de14 partmental laboratory;

15 ‘‘(2) develop goals and objectives for the appro16 priate role of the Department in each of the critical

17 technologies listed in the report, taking into consid18 eration the core competencies of the departmental

19 laboratories;

20 ‘‘(3) consult with appropriate representatives of

21 United States industry, including members of indus22 try associations and representatives of labor organi23 zations; and

24 ‘‘(4) participate in the executive branch process

25 to develop critical technology strategies.
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1 ‘‘SEC. 1105. PARTNERSHIP PREFERENCES.

2 ‘‘(a) The Secretary shall ensure that the principal

3 economic benefits of any partnership accrue to the United

4 States economy.

5 ‘‘(b) Any partnership that would be given preference

6 under section 12(c)(4) of the Stevenson-Wydler Tech7 nology Innovation Act of 1980 (15 U.S.C. 3710a (c)(4))

8 if it were a cooperative research and development agree9 ment shall be given preference under this title.

10 ‘‘(c) The Secretary shall issue guidelines, after con11 sultation with the Laboratory Partnership Advisory Board

12 established in section 1109, for application of section

13 12(c)(4) of the Stevenson-Wydler Technology Innovation

14 Act of 1980 (15 U.S.C. 3710a (c)(4)) and application of

15 subsection (a) of this section to partnerships.

16 ‘‘(d) The Secretary shall encourage partnerships that

17 involve minority colleges or universities or private sector

18 entities owned or controlled by disadvantaged individuals.

19 ‘‘SEC. 1106. EVALUATION OF PARTNERSHIP PROGRAMS.

20 ‘‘(a) The Secretary, in consultation with the Labora21 tory Partnership Advisory Board established in section

22 1109, shall develop mechanisms for independent evalua23 tion of the ongoing partnership activities of the Depart24 ment and the departmental laboratories.
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1 ‘‘(b)(1) The Secretary and the director of each de2 partmental laboratory shall develop mechanisms for as3 sessing the progress of each partnership.

4 ‘‘(2) The Secretary and the director of each depart5 mental laboratory shall utilize the mechanisms developed

6 under paragraph (1) to evaluate the accomplishments of

7 each ongoing multi-year partnership and shall condition

8 continued Federal participation in each partnership on

9 demonstrated progress.

10 ‘‘SEC. 1107. ANNUAL REPORT.

11 ‘‘(a) The Secretary shall submit an annual report to

12 Congress describing the ongoing partnership activities of

13 the Secretary and each departmental laboratory and, to

14 the extent practicable, the activities planned by the Sec15 retary and by each departmental laboratory for the coming

16 fiscal year. In developing the report, the Secretary shall

17 seek the advice of the Laboratory Partnership Advisory

18 Board established in section 1109.

19 ‘‘(b) The Secretary shall submit the report under sub20 section (a) to the appropriate Committees of the Congress.

21 No later than March 1, 1994, and no later than the first

22 of March of each subsequent year, the Secretary shall sub23 mit the report under subsection (a) that covers the fiscal

24 year beginning on the first of October of such year.
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1 ‘‘(c) Each director of a departmental laboratory shall

2 provide annually to the Secretary a report on ongoing

3 partnership activities and a plan and such other informa4 tion as the Secretary may reasonably require describing

5 the partnership activities the director plans to carry out

6 in the coming fiscal year. The director shall provide such

7 report and plan in a timely manner as prescribed by the

8 Secretary to permit preparation of the report under sub9 section (a).

10 ‘‘(d) The Secretary’s description of planned activities

11 under subsection (a) shall include, to the extent such in12 formation is available, appropriate information on—

13 ‘‘(1) the total funds to be allocated to partner14 ship activities by the Secretary and by the director

15 of each departmental laboratory;

16 ‘‘(2) a breakdown of funds to be allocated by

17 the Secretary and by the director of each depart18 mental laboratory for partnership activities by area

19 of technology;

20 ‘‘(3) any plans for additional funds not de21 scribed in paragraph (2) to be set aside for partner22 ships during the coming fiscal year;

23 ‘‘(4) any partnership that involves a Federal

24 contribution in excess of $500,000 the Secretary or
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1 the director of each departmental laboratory expects

2 to enter into in the coming fiscal year;

3 ‘‘(5) the technologies that will be advanced by

4 each partnership that involves a Federal contribu5 tion in excess of $500,000;

6 ‘‘(6) the types of entities that will be eligible for

7 participation in partnerships;

8 ‘‘(7) the nature of the partnership arrange9 ments, including the anticipated level of financial

10 and in-kind contribution from participants and any

11 repayment terms;

12 ‘‘(8) the extent of use of competitive procedures

13 in selecting partnerships; and

14 ‘‘(9) such other information that the Secretary

15 finds relevant to the determination of the appro16 priate level of Federal support for such partnerships.

17 ‘‘(e) The Secretary shall provide appropriate notice

18 in advance to Congress of any partnership, which has not

19 been described previously in the report required by sub20 section (a), that involves a Federal contribution in excess

21 of $500,000.

22 ‘‘SEC. 1108. PARTNERSHIP PAYMENTS.

23 ‘‘(a)(1) Partnership agreements entered into by the

24 Secretary may require a person or other entity to make

25 payments to the Department, or any other Federal agen-
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1 cy, as a condition for receiving support under the agree2 ment.

3 ‘‘(2) The amount of any payment received by the

4 Federal Government pursuant to a requirement imposed

5 under paragraph (1) may be credited, to the extent au6 thorized by the Secretary, to the account established under

7 paragraph (3). Amounts so credited shall be available,

8 subject to appropriations, for partnerships.

9 ‘‘(3) There is hereby established in the United States

10 Treasury an account to be known as the ‘Department of

11 Energy Partnership Fund’. Funds in such account shall

12 be available to the Secretary for the support of partner13 ships.

14 ‘‘(b) The Secretary may advance funds under any

15 partnership without regard to section 3324 of title 31 of

16 the United States Code to—

17 ‘‘(1) small businesses;

18 ‘‘(2) not-for-profit organizations that would be

19 exempt under section 501(a) of the Internal Revenue

20 Code of 1986; or

21 ‘‘(3) State or local governmental entities.
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1 ‘‘SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD

2 AND INDUSTRIAL ADVISORY GROUPS AT

3 MULTI-PROGRAM DEPARTMENTAL LABORA4 TORIES.

5 ‘‘(a)(1) The Secretary shall establish within the De6 partment an advisory board to be known as the ‘Labora7 tory Partnership Advisory Board’, to provide the Sec8 retary with advice on the implementation of this title.

9 ‘‘(2) The membership of the Laboratory Partnership

10 Advisory Board shall consist of persons who are qualified

11 to provide the Secretary with advice on the implementa12 tion of this title. Members of the Board shall include rep13 resentatives primarily from United States industry but

14 shall also include representatives from—

15 ‘‘(A) small businesses;

16 ‘‘(B) private sector entities owned or controlled

17 by disadvantaged persons;

18 ‘‘(C) educational institutions, including rep19 resentatives from minority colleges or universities;

20 ‘‘(D) laboratories of other Federal agencies;

21 and

22 ‘‘(E) professional and technical societies in the

23 United States.

24 ‘‘(3) The Laboratory Partnership Advisory Board

25 shall request comment and suggestions from departmental
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1 laboratories to assist the Board in providing advice to the

2 Secretary on the implementation of this title.

3 ‘‘(b) The director of each multi-program depart4 mental laboratory shall establish an advisory group con5 sisting of persons from United States industry to—

6 ‘‘(1) evaluate new initiatives proposed by the

7 departmental laboratory;

8 ‘‘(2) identify opportunities for partnerships with

9 United States industry; and

10 ‘‘(3) evaluate ongoing programs at the depart11 mental laboratory from the perspective of United

12 States industry.

13 ‘‘(c) Nothing in this section is intended to preclude

14 the Secretary or the director of a departmental laboratory

15 from utilizing existing advisory boards to achieve the pur16 poses of this section.

17 ‘‘SEC. 1110. FELLOWSHIP PROGRAM.

18 ‘‘The Secretary shall encourage scientists, engineers

19 and technical staff from departmental laboratories to serve

20 as visiting fellows in research and manufacturing facilities

21 of industrial organizations, State and local governments,

22 and educational institutions in the United States and for23 eign countries. The Secretary may establish a formal fel24 lowship program for this purpose or may authorize such

25 activities on a case-by-case basis. The Secretary shall also
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1 encourage scientists and engineers from United States in2 dustry to serve as visiting scientists and engineers in the

3 departmental laboratories.

4 ‘‘SEC. 1111. COOPERATION WITH STATE AND LOCAL PRO5 GRAMS FOR TECHNOLOGY DEVELOPMENT

6 AND DISSEMINATION.

7 ‘‘The Secretary and the director of each departmental

8 laboratory shall seek opportunities to coordinate their ac9 tivities with programs of State and local governments for

10 technology development and dissemination, including pro11 grams funded in part by the Secretary of Defense pursu12 ant to section 2523 of title 10 of the United States Code

13 and section 2513 of title 10 of the United States Code

14 and programs funded in part by the Secretary of Com15 merce pursuant to sections 25 and 26 of the Act of March

16 3, 1901 (15 U.S.C. 278k and 278l) and section 5121(b)

17 of the Omnibus Trade and Competitiveness Act of 1988

18 (15 U.S.C. 278l note).

19 ‘‘SEC. 1112. AVAILABILITY OF FUNDS FOR PARTNERSHIPS.

20 ‘‘(a) All of the funds authorized to be appropriated

21 to the Secretary for research, development, demonstration

22 or commercial application activities, other than atomic en23 ergy defense programs, shall be available for partnerships

24 to the extent such partnerships are consistent with the

25 goals and objectives of such activities.
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1 ‘‘(b) All of the funds authorized to be appropriated

2 to the Secretary for atomic energy defense activities shall

3 be available for partnerships to the extent such partner4 ships are consistent with the goals and objectives of such

5 activities.

6 ‘‘(c) Funds authorized to be appropriated to the Sec7 retary and made available for departmental laboratory-di8 rected research and development shall be available for any

9 partnership.

10 ‘‘SEC. 1113. PROTECTION OF INFORMATION.

11 ‘‘Section 12(c)(7) of the Stevenson-Wydler Tech12 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)),

13 relating to the protection of information, shall apply to

14 the partnership activities undertaken by the Secretary and

15 by the directors of the departmental laboratories.

16 ‘‘SEC. 1114. FAIRNESS OF OPPORTUNITY.

17 ‘‘(a) The Secretary and the director of each depart18 mental laboratory shall institute procedures to ensure that

19 information on laboratory capabilities and arrangements

20 for participating in partnerships with the Secretary or the

21 departmental laboratories is publicly disseminated.

22 ‘‘(b) Prior to entering into any partnership having a

23 Federal contribution in excess of $5,000,000, the Sec24 retary or director of a departmental laboratory shall en-
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1 sure that the opportunity to participate in such partner2 ship has been publicly announced to potential participants.

3 ‘‘(c) In cases where the Secretary or the director of

4 a departmental laboratory believes a potential partnership

5 activity would benefit from broad participation from the

6 private sector, the Secretary or the director of such de7 partmental laboratory may take such steps as may be nec8 essary to facilitate formation of a United States industry

9 consortium to pursue the partnership activity.

10 ‘‘SEC. 1115. PRODUCT LIABILITY.

11 ‘‘The Secretary, after consultation with the Labora12 tory Partnership Advisory Board established in section

13 1109, and the Attorney General shall enter into a memo14 randum of understanding establishing a consistent policy

15 and standards regarding the liability of the United States,

16 of the non-Federal entity operating a departmental labora17 tory and of any other party to a partnership for product

18 liability claims arising from partnership activities. The

19 Secretary and the director of each departmental labora20 tory shall, to the maximum extent practicable, incorporate

21 into any partnership the policy and standards established

22 in the memorandum of understanding.

23 ‘‘SEC. 1116. INTELLECTUAL PROPERTY.

24 ‘‘The Secretary shall, after consultation with the

25 Laboratory Partnership Advisory Board established in
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1 section 1109, develop guidelines governing the application

2 of intellectual property laws by the Secretary and by the

3 director of each departmental laboratory in partnership

4 arrangements.

5 ‘‘SEC. 1117. SMALL BUSINESS.

6 ‘‘(a) The Secretary shall develop simplified proce7 dures and guidelines for partnerships involving small busi8 nesses to facilitate access to the resources and capabilities

9 of the departmental laboratories.

10 ‘‘(b) Notwithstanding any other law, the Secretary

11 may waive, in whole or in part, any cost-sharing require12 ment for a small business involved in a partnership if the

13 Secretary determines that the cost-sharing requirement

14 would impose an undue hardship on the small business

15 and would prevent the formation of the partnership.

16 ‘‘(c) Notwithstanding section 12(d) of the Stevenson17 Wydler Technology Innovation Act of 1980 (15 U.S.C.

18 3710a(d)(1)), the Secretary may provide funds as part of

19 a cooperative research and development agreement to a

20 small business if the Secretary determines that the funds

21 are necessary to prevent imposing an undue hardship on

22 the small business and necessary for the formation of the

23 cooperative research and development agreement.
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1 ‘‘SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.

2 ‘‘Within one year after the date of enactment of this

3 title, and annually thereafter, the Secretary shall submit

4 to the appropriate committees of the United States Senate

5 and the United States House of Representatives a report

6 identifying opportunities for minority colleges and univer7 sities to participate in programs and activities being car8 ried out by the Department or the departmental labora9 tories. The Secretary shall consult with representatives of

10 minority colleges and universities in preparing the report.

11 Such report shall—

12 ‘‘(a) describe ongoing education and training

13 programs being carried out by the Department or

14 the departmental laboratories with respect to or in

15 conjunction with minority colleges and universities in

16 the areas of mathematics, science, and engineering;

17 ‘‘(b) describe ongoing research, development

18 demonstration or commercial application activities

19 involving the Department or the departmental lab20 oratories and minority colleges and universities;

21 ‘‘(c) describe funding levels for the programs

22 and activities described in subsections (a) and (b);

23 ‘‘(d) identify ways for the Department or the

24 departmental laboratories to assist minority colleges

25 and universities in providing education and training
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1 in the fields of mathematics, science, and engineer2 ing;

3 ‘‘(e) identify ways for the Department or the

4 departmental laboratories to assist minority colleges

5 and universities in entering into partnerships;

6 ‘‘(f) address the need for and potential role of

7 the Department or the departmental laboratories in

8 providing to minority colleges and universities the

9 following:

10 ‘‘(1) increased research opportunities for

11 faculty and students;

12 ‘‘(2) assistance in faculty development and

13 recruitment and curriculum enhancement and

14 development; and

15 ‘‘(3) laboratory instrumentation and equip16 ment, including computer equipment, through

17 purchase, loan, or other transfer;

18 ‘‘(g) address the need for and potential role of

19 the Department or the departmental laboratories in

20 providing funding and technical assistance for the

21 development of infrastructure facilities, including

22 buildings and laboratory facilities at minority col23 leges and universities; and

24 ‘‘(h) make specific proposals and recommenda25 tions, together with estimates of necessary funding
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1 levels, for initiatives to be carried out by the Depart2 ment or the departmental laboratories to assist mi3 nority colleges and universities in providing edu4 cation and training in the areas of mathematics,

5 science, and engineering, and in entering into part6 nerships with the Department or departmental lab7 oratories.

8 ‘‘SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOL9 ARSHIP PROGRAM.

10 ‘‘The Secretary shall establish a scholarship program

11 for students attending minority colleges or universities

12 and pursuing a degree in energy-related scientific, mathe13 matical, engineering, and technical disciplines. The pro14 gram shall include tuition assistance. The program shall

15 provide an opportunity for the scholarship recipient to

16 participate in an applied work experience in a depart17 mental laboratory. Recipients of such scholarships shall be

18 students deemed by the Secretary to have demonstrated

19 (1) a need for such assistance and (2) academic potential

20 in the particular area of study. Scholarships awarded

21 under this program shall be known as Secretary of Energy

22 Scholarships.’’.

23 (b) CONFORMING AMENDMENT.—The table of con24 tents of the Department of Energy Organization Act (42
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1 U.S.C. 7101 et seq.) is amended by adding at the end

2 thereof the following items:

‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS

‘‘Sec. 1101. Finding, purposes, and definitions.

‘‘Sec. 1102. General authority.

‘‘Sec. 1103. Establishment of goal for partnerships between departmental laboratories and United States industry.

‘‘Sec. 1104. Role of the Department in the development of critical technology

strategies.

‘‘Sec. 1105. Partnership preferences.

‘‘Sec. 1106. Evaluation of partnership programs.

‘‘Sec. 1107. Annual report.

‘‘Sec. 1108. Partnership payments.

‘‘Sec. 1109. Laboratory partnership advisory board and industrial advisory

groups at multi-program departmental laboratories.

‘‘Sec. 1110. Fellowship program.

‘‘Sec. 1111. Cooperation with State and local programs for technology development and dissemination.

‘‘Sec. 1112. Availability of funds for partnerships.

‘‘Sec. 1113. Protection of information.

‘‘Sec. 1114. Fairness of opportunity.

‘‘Sec. 1115. Product liability.

‘‘Sec. 1116. Intellectual property.

‘‘Sec. 1117. Small business.

‘‘Sec. 1118. Minority college and university report.

‘‘Sec. 1119. Minority college and university scholarship program.’’.

3 SEC. 3144. NATIONAL ADVANCED MANUFACTURING TECH4 NOLOGIES PROGRAM.

5 The Secretary is encouraged to use partnerships to

6 expedite the private sector deployment of advanced manu7 facturing technologies as required by section 2202(a) of

8 the Energy Policy Act of 1992 (42 U.S.C. 13502).

9 SEC. 3145. NOT-FOR-PROFIT ORGANIZATIONS.

10 The Secretary shall encourage the establishment of

11 not-for-profit organizations, such as the Center for Ap12 plied Development of Environmental Technology

13 (CADET), that will facilitate the transfer of technologies

14 from the departmental laboratories to the private sector.
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1 SEC. 3146. CAREER PATH PROGRAM.

2 (a) The Secretary, utilizing authority under other ap3 plicable law and the authority of this section, shall estab4 lish a career path program to recruit employees of the na5 tional laboratories to serve in positions in the Department.

6 (b) Section 207 of title 18, United States Code, is

7 amended by inserting after subsection (j)(6) the following:

8 ‘‘(7) NATIONAL LABORATORIES.—(A) The re9 strictions contained in subsections (a), (b), (c), and

10 (d) shall not apply to an appearance or communica11 tion made, or advice or aid rendered by a person em12 ployed at a facility described in subparagraph (B),

13 if the appearance or communication is made on be14 half of the facility or the advice or aid is provided

15 to the contractor of the facility.

16 ‘‘(B) This paragraph applies to the following:

17 Argonne National Laboratory, Brookhaven National

18 Laboratory, Idaho National Engineering Laboratory,

19 Lawrence Berkeley Laboratory, Lawrence Livermore

20 National Laboratory, Los Alamos National Labora21 tory, National Renewable Energy Laboratory, Oak

22 Ridge National Laboratory, Pacific Northwest Lab23 oratory, and Sandia National Laboratories.’’.

24 (c) Section 27 of the Office of Federal Procurement

25 Policy Act (41 U.S.C. 423) is amended by inserting the

26 following new subsection:
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1 ‘‘(q) NATIONAL LABORATORIES.—(1) The restric2 tions on obtaining a recusal contained in paragraphs

3 (c)(2) and (c)(3) shall not apply to discussions of future

4 employment or business opportunity between a procure5 ment official and a competing contractor managing and

6 operating a facility described in paragraph (3): Provided,

7 That such discussions concern the employment of the pro8 curement official at such facility.

9 ‘‘(2) The restrictions contained in paragraph (f)(1)

10 shall not apply to activities performed on behalf of a facil11 ity described in paragraph (3).

12 ‘‘(3) This subsection applies to the following: Ar13 gonne National Laboratory, Brookhaven National Labora14 tory, Idaho National Engineering Laboratory, Lawrence

15 Berkeley Laboratory, Lawrence Livermore National Lab16 oratory, Los Alamos National Laboratory, National Re17 newable Energy Laboratory, Oak Ridge National Labora18 tory, Pacific Northwest Laboratory, and Sandia National

19 Laboratories.’’.

20 SEC. 3147. AVLIS COMMERCIALIZATION.

21 (a) PREDEPLOYMENT CONTRACTOR.—Not later than

22 ninety days after the date of enactment of this Act, the

23 Secretary shall solicit proposals for a commercial

24 predeployment contractor to conduct such activities as

25 may be necessary to enable the Secretary or any successor
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1 to the Secretary’s uranium enrichment enterprise to de2 ploy a commercial uranium enrichment plant using the

3 Atomic Vapor Laser Isotope Separation (AVLIS) tech4 nology. Such activities shall include—

5 (1) developing a transition plan for transferring

6 the AVLIS program from research, development,

7 and demonstration activities at the Lawrence Liver8 more National Laboratory to deployment of a com9 mercial AVLIS production plant;

10 (2) confirming the technical performance of

11 AVLIS technology;

12 (3) developing the economic and industrial as13 sessments necessary for the Secretary or his succes14 sor to make a commercial decision whether to deploy

15 AVLIS;

16 (4) providing an industrial perspective for the

17 planning and execution of remaining demonstration

18 program activities; and

19 (5) completing feasibility and risk studies nec20 essary for a commercial decision whether to deploy

21 AVLIS, including financing options.

22 (b) ADDITIONAL ACTIVITIES.—Based upon the re23 sults of subsection (a), the Secretary may solicit additional

24 proposals to complete the following activities:
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1 (1) site selection, site characterization, and en2 vironmental documentation activities for a commer3 cial AVLIS plant;

4 (2) engineering design of a production plant,

5 developing a project schedule, and initiating oper6 ations planning;

7 (3) activities leading to obtaining necessary li8 censes from the Nuclear Regulatory Commission;

9 and

10 (4) ensuring the successful integration of

11 AVLIS technology into the commercial nuclear fuel

12 cycle.

13 (c) REPORTS.—The Secretary shall submit to the

14 Committee on Energy and Natural Resources of the

15 United States Senate and to the Speaker of the House

16 of Representatives a written report on the progress made

17 toward the deployment of a commercial AVLIS production

18 plant ninety days after the date of enactment of this Act

19 and each ninety days thereafter.

20 SEC. 3148. AMENDMENTS TO STEVENSON-WYDLER TECH21 NOLOGY INNOVATION ACT.

22 (a) Section 12(c)(5) of the Stevenson-Wydler Tech23 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5))

24 is amended—
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1 (1) by deleting subparagraph (C)(i) and insert2 ing in lieu thereof the following:

3 ‘‘(C)(i) Any agency that has contracted

4 with a non-Federal entity to operate a labora5 tory shall review and approve, request specific

6 modifications to, or disapprove a joint work

7 statement and cooperative research and devel8 opment agreement that is submitted by the di9 rector of such laboratory within thirty days

10 after such submission. In any case where an

11 agency has requested specific modifications to a

12 joint work statement or cooperative research

13 and development agreement, the agency shall

14 approve or disapprove any resubmission of such

15 joint work statement or cooperative research

16 and development agreement within fifteen days

17 after such resubmission. No agreement may be

18 entered into by a Government-owned, contrac19 tor-operated laboratory under this section be20 fore both approval of the cooperative research

21 and development agreement and a joint work

22 statement.’’;

23 (2) by adding in subparagraph (C)(ii) the

24 words, ‘‘or cooperative research and development

25 agreement’’ after ‘‘joint work statement’’;
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1 (3) by deleting subparagraph (C)(iv);

2 (4) by deleting subparagraph (C)(v) and insert3 ing in lieu thereof:

4 ‘‘(C)(iv) If an agency fails to complete a

5 review under clause (i) within any of the speci6 fied time-periods, the agency shall submit to the

7 Congress, within ten days after the failure to

8 complete the review, a report on the reasons for

9 such failure. The agency shall, at the end of

10 each successive 15-day period thereafter during

11 which such failure continues, submit to Con12 gress another report on the reasons for the con13 tinued failure.’’; and

14 (5) by deleting subparagraph (C)(vi).

15 (b) Section 12(d)(2) of the Stevenson-Wydler Tech16 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))

17 is amended—

18 (1) in subparagraph (B) by striking ‘‘substan19 tial’’ before ‘‘purpose’’; and

20 (2) in subparagraph (C) by striking ‘‘the pri21 mary purpose’’ and inserting in lieu thereof ‘‘one of

22 the purposes’’.

23 SEC. 3149. GUIDELINES.

24 The implementation of the provisions of this Act shall

25 not be delayed pending the issuance of guidelines, policies
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1 or standards required by sections 1105, 1115 and 1116

2 of the Department of Energy Organization Act (42 U.S.C.

3 7101 et seq.) as added by section 3143 of this Act.

4 SEC. 3150. AUTHORIZATION.

5 (a) In addition to funds made available for partner6 ships under section 1112 of the Department of Energy

7 Organization Act (42 U.S.C. 7101 et seq.) as added by

8 section 3143 of this Act, there is authorized to be appro9 priated from funds otherwise available to the Secretary for

10 partnership activities with industry in areas other than

11 atomic energy defense activities $100,000,000 for fiscal

12 year 1994, $140,000,000 for fiscal year 1995,

13 $180,000,000 for fiscal year 1996 and $220,000,000 for

14 fiscal year 1997.

15 (b) There is authorized to be appropriated to the Sec16 retary for the Minority College and University Scholarship

17 Program established in section 1119 of the Department

18 of Energy Organization Act (42 U.S.C. 7101 et seq.) as

19 added by section 3143 of this Act in areas other than

20 atomic energy defense activities $1,000,000 for fiscal year

21 1994, $2,000,000 for fiscal year 1995 and $3,000,000 for

22 fiscal year 1996.

23 (c) There is authorized to be appropriated to the Sec24 retary for research or educational programs, in areas

25 other than atomic energy defense activities, carried out
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1 through partnerships or otherwise, and for related facili2 ties and equipment that involve minority colleges or uni3 versities such sums as may be necessary.

4 TITLE XXXII—NUCLEAR SAFETY

5 SEC. 3201. AUTHORIZATION FOR DEFENSE NUCLEAR SAFE6 TY BOARD.

7 There are authorized to be appropriated for fiscal

8 year 1994, $18,000,000 for the operation of the Defense

9 Nuclear Facilities Safety Board under chapter 21 of the

10 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

11 SEC. 3202. REQUIREMENT FOR TRANSMITTAL TO CON12 GRESS OF CERTAIN INFORMATION PRE13 PARED BY DEFENSE NUCLEAR SAFETY

14 BOARD.

15 (a) REQUIREMENT.—Chapter 21 of the Atomic En16 ergy Act of 1954 (42 U.S.C. 2286 et seq.) is amended—

17 (1) by redesignating section 320 as section 321;

18 and

19 (2) by inserting after section 319 the following

20 new section 320:

21 ‘‘SEC. 320. TRANSMITTAL OF CERTAIN INFORMATION TO

22 CONGRESS.

23 ‘‘Whenever the Board submits or transmits to the

24 President or the Director of the Office of Management

25 and Budget any budget estimate, budget request, supple-
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1 mental budget request, or other budget information, any

2 legislative recommendation, or any statement or informa3 tion in preparation of a report to be submitted to Congress

4 pursuant to section 316(a), the Board shall submit at the

5 same time a copy thereof to Congress.’’.

6 (b) CLERICAL AMENDMENT.—The table of contents

7 at the beginning of the Atomic Energy Act of 1954 (42

8 U.S.C. 2011 et seq.) is amended by striking out the item

9 relating to section 320 and inserting in lieu thereof the

10 following:

‘‘Sec. 320. Transmittal of certain information to Congress.

‘‘Sec. 321. Annual authorization of appropriations.’’.

Passed the Senate September 14 (legislative day,

September 7), 1993.

Attest:

Secretary.
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