103D CONGRESS

2D SESSION S. 2251

AN ACT

To amend the Energy Policy and Conservation Act

effectively, and for other purposes.to manage the Strategic Petroleum Reserve more
103D CONGRESS

2D SESSION S. 2251

AN ACT

To amend the Energy Policy and Conservation Act to manage the Strategic Petroleum Reserve more effectively,

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,
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1 TITLE I—AMENDMENTS TO ENERGY

2 POLICY AND CONSERVATION ACT

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Energy Policy and

5 Conservation Act Amendments of 1994.

6 SEC. 102. TABLE OF CONTENTS AMENDMENTS.

7 Amend the table of contents of the Energy Policy and

8 Conservation Act by—

9 (1) striking the items relating to sections 153,

10 155, 158, 164, and 173;

11 (2) amending the item relating to section 159

12 to read as follows:

‘‘SEC. 159. Development, operations, and maintenance of the Reserve.’’;

13 and

14 (3) striking the items relating to part A of title

15 II.

16 SEC. 103. AMENDMENTS TO STATEMENT OF PURPOSES.

17 Section 2 of the Energy Policy and Conservation Act

18 is amended—

19 (1) in paragraph (1) by striking ‘‘standby’’ and

20 ‘‘, subject to congressional review, and to impose ra21 tioning, to reduce demand for energy through the

22 implementation of energy conservation plans, and’’;

23 (2) by amending paragraph (3) to read as fol24 lows:
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1 ‘‘(3) to increase the domestic supply of fossil

2 energy during severe energy supply interruptions.’’;

3 and

4 (3) by amending paragraph (6) to read as fol5 lows:

6 ‘‘(6) to reduce the demand for petroleum prod7 ucts during severe energy supply interruptions.’’.

8 SEC. 102. TITLE I AMENDMENTS.

9 (a) Part B of Title I of the Energy Policy and Con10 servation Act (42 U.S.C. 6231) is amended—

11 (1) in section 151 (42 U.S.C. 6231)—

12 (A) in subsection (a) by striking ‘‘limited’’

13 and ‘‘short term’’; and

14 (B) by amending subsection (b) to read as

15 follows:

16 ‘‘(b) It is the policy of the United States to provide

17 for the creation of a Strategic Petroleum Reserve for the

18 storage of up to one billion barrels of petroleum products

19 to reduce the impact of disruptions in supplies of petro20 leum products or to carry out obligations of the United

21 States under the international energy program.’’;

22 (2) in section 152 (42 U.S.C. 6232)—

23 (A) by striking paragraph (1), and

24 (B) in paragraph (11) by striking ‘‘, the

25 Early Storage Reserve’’;
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1 (3) by striking section 153 (42 U.S.C. 6233);

2 (4) in section 154 (42 U.S.C. 6234)—

3 (A) by amending subsection (a)(1) to read

4 as follows:

5 ‘‘(a)(1) A Strategic Petroleum Reserve for the stor6 age of up to one billion barrels of petroleum products shall

7 be created pursuant to this part.’’;

8 (B) by amending subsection (b) to read as

9 follows:

10 ‘‘(b) The Secretary, acting through the Strategic Pe11 troleum Reserve Office and in accordance with this part,

12 shall exercise authority over the development, operation,

13 and maintenance of the Reserve.’’;

14 (C) by striking subsections (c) and (d);

15 and

16 (D) by amending subsection (e) to read as

17 follows:

18 ‘‘(e)(1) The Secretary shall prepare, and update bien19 nially, a plan for the operation, maintenance and proposed

20 expansion of the Reserve (hereinafter referred to as the

21 SPR Plan). The SPR Plan shall include—

22 ‘‘(A) a description of the facilities that compose

23 the Strategic Petroleum Reserve, including the type

24 and location of each storage facility (other than stor25 age facilities of the Industrial Petroleum Reserve);
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1 ‘‘(B) an estimate of the volumes and types of

2 petroleum products stored in each storage facility,

3 including any special characteristics of such petro4 leum products; and

5 ‘‘(C) an identification of the ownership of the

6 petroleum products stored in the Reserve in any case

7 where such products are not owned by the United

8 States; and

9 ‘‘(D) a description of any changes that have oc10 curred, or are anticipated, in the operation and

11 maintenance of the Reserve, including any plans

12 under consideration or proposed for the upgrading

13 or replacement of existing facilities or the construc14 tion of new storage facilities.

15 ‘‘(2) The Secretary shall, by rule, also prepare a Stra16 tegic Petroleum Reserve Drawdown and Distribution Plan

17 (hereinafter referred to as the SPR Drawdown Plan). The

18 SPR Drawdown Plan shall set forth policy options applica19 ble to the drawdown and distribution of the Reserve, in20 cluding the strategy or alternative strategies of drawdown

21 and distribution that will be considered and the criteria

22 that will be employed to select among such strategies.

23 Until such SPR Drawdown Plan is finalized the December

24 1, 1992 Strategic Petroleum Reserve Drawdown (Amend25 ment Number 4) shall remain in force and effect.’’.
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1 (5) by striking section 155 (42 U.S.C. 6235);

2 (6) in section 156(b) (42 U.S.C. 6236(b)) by

3 striking ‘‘To implement the Early Storage Reserve

4 Plan or the Strategic Petroleum Reserve Plan which

5 has taken effect pursuant to section 159(a), the’’

6 and inserting ‘‘The’’;

7 (7) by amending section 157 (42 U.S.C.

8 6237)—

9 (A) in subsection (a), by striking ‘‘The

10 Strategic Petroleum Reserve Plan shall provide

11 for the establishment and maintenance of’’ and

12 insert ‘‘The Secretary shall establish and main13 tain as part of the Strategic Petroleum Re14 serve’’, and

15 (B) in subsection (b), by striking ‘‘To im16 plement the Strategic Petroleum Reserve Plan,

17 the Secretary shall accumulate and maintain’’

18 and inserting ‘‘The Secretary may establish and

19 maintain as part of the Strategic Petroleum Re20 serve’’;

21 (8) by striking section 158 (42 U.S.C. 6238);

22 (9) in section 159 (42 U.S.C. 6239)—

23 (A) by striking subsections (a), (b), (c),

24 (d), and (e);
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1 (B) by amending subsection (f) to read as

2 follows:

3 ‘‘(f) In order to develop, operate, or maintain the

4 Strategic Petroleum Reserve, the Secretary may:

5 ‘‘(1) issue rules, regulation, or orders;

6 ‘‘(2) acquire by purchase, condemnation, or oth7 erwise, land or interests in land for the location of

8 storage and related facilities;

9 ‘‘(3) construct, purchase, lease, or otherwise ac10 quire storage and related facilities;

11 ‘‘(4) use, lease, maintain, sell, or otherwise dis12 pose of storage and related facilities acquired under

13 this part, under such terms and conditions as the

14 Secretary may deem necessary or appropriate;

15 ‘‘(5) acquire by purchase, exchange, or other16 wise, petroleum products for storage in the Strategic

17 Petroleum Reserve;

18 ‘‘(6) store petroleum products in storage facili19 ties owned and controlled by the United States or in

20 storage facilities owned by others if those facilities

21 are subject to audit by the United States;

22 ‘‘(7) execute any contracts necessary to develop,

23 operate, or maintain the Strategic Petroleum Re24 serve;
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1 ‘‘(8) require an importer of petroleum products

2 or refiner to acquire and to store and maintain, in

3 readily available inventories, petroleum products in

4 the Industrial Petroleum Reserve, under section 156;

5 ‘‘(9) require the storage of petroleum products

6 in the Industrial Petroleum Reserve, under section

7 156, on terms that the Secretary specifies in storage

8 facilities owned and controlled by the United States

9 or in storage facilities other than those owned by the

10 United States if those facilities are subject to audit

11 by the United States;

12 ‘‘(10) require the maintenance of the Industrial

13 Petroleum Reserve; and

14 ‘‘(11) bring an action, when the Secretary con15 siders it necessary, in any court having jurisdiction

16 over the proceedings, to acquire by condemnation

17 any real or personal property, including facilities,

18 temporary use of facilities, or other interests in land,

19 together with any personal property located on or

20 used with the land.’’;

21 (C) in subsection (g)—

22 (i) by striking ‘‘implementation’’ and

23 inserting ‘‘development’’; and

24 (ii) by striking ‘‘Plan’’;
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1 (D) by striking subsections (h) and (i);

2 and

3 (E) by striking in subsection (j) from ‘‘No

4 later than’’ through ‘‘Amendments of 1990’’

5 and inserting in lieu thereof: ‘‘When the Sec6 retary determines that, within five years, the

7 Reserve can reasonably be expected to contain

8 an inventory of 750,000,000 barrels,’’; and

9 (F) by amending subsection (1) to read as

10 follows:

11 ‘‘(1) During any period in which drawdown and

12 distribution are being implemented, the Secretary

13 may issue rules, regulations, or orders to implement

14 the drawdown and distribution of the Strategic Pe15 troleum Reserve in accordance with section 523 of

16 this Act, without regard to the requirements of sec17 tion 553 of title 5, United States Code, and section

18 501 of the Department of Energy Organization Act

19 (42 U.S.C. 7191).’’;

20 (10) in section 160 (42 U.S.C. 6240)—

21 (A) in subsection (a), by striking all before

22 the dash and inserting the following—

23 ‘‘(a) For the purpose of implementing the Strategic

24 Petroleum Reserve, the Secretary may acquire, place in

25 storage, transport, or exchange’’;
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1 (B) in subsection (b), by striking the third

2 comma and ‘‘including the Early Storage Re3 serve’’ and paragraph (2);

4 (C) by striking subsections (c), (d) and (e);

5 (11) in section 161 (42 U.S.C. 6241)—

6 (A) by amending subsection (b) to read as

7 follows:

8 ‘‘(b) Except as provided in subsection (f) and (g), no

9 drawdown and distribution of the Reserve may be made

10 except in accordance with the provisions of the Distribu11 tion Plan prepared pursuant to section 154(e).’’.

12 (B) by striking subsection (c).

13 (C) by amending subsection (d)(1) to read

14 as follows:

15 ‘‘(d)(1) No drawdown and distribution of the Strate16 gic Petroleum Reserve may be made unless the President

17 has found drawdown and distribution is required by a se18 vere energy supply interruption or by obligations of the

19 United States under the international energy program.’’.

20 (D) by amending subsection (e) to read as

21 follows:

22 ‘‘(e)(1) The Secretary shall sell any petroleum prod23 uct withdrawn from the Strategic Petroleum Reserve at

24 public sale to the highest qualified bidder in the amounts,

25 for the period, and after a notice of sale the Secretary
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1 considers proper, and without regard to Federal, State,

2 or local regulations controlling sales of petroleum prod3 ucts.

4 ‘‘(2) The Secretary may cancel in whole or in part

5 any offer to sell petroleum products as part of any

6 drawdown and distribution under this section.’’; and

7 (E) in subsection (g)—

8 (i) in paragraph (1), by striking ‘‘Dis9 tribution Plan’’ and inserting ‘‘distribution

10 procedures’’, and

11 (ii) by striking paragraphs (2) and

12 (6);

13 (12) by striking section 164 (42 U.S.C. 6244);

14 (13) by amending section 165 (42 U.S.C. 6245)

15 to read as follows—

16 ‘‘Sec. 165. The Secretary shall report annually to the

17 President and the Congress on actions to implement this

18 part. This report shall include—

19 ‘‘(1) a detailed statement of the status of the

20 Strategic Petroleum Reserve, including—

21 ‘‘(A) the capacity of the Reserve and the

22 scheduled annual fill rate for achieving this ca23 pacity;

24 ‘‘(B) the types and quality of crude oil to

25 be acquired for the Reserve, including the meth-
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1 od of procurement, under the schedule de2 scribed in subparagraph (A);

3 ‘‘(C) any conditions affecting physical in4 tegrity of any Reserve facility or the petroleum

5 products stored in any Reserve facility, that

6 would impair the maintenance or operation of

7 the Reserve, including any proposed remedial

8 actions, their estimated costs, and schedules for

9 their execution;

10 ‘‘(D) plans for the construction of new Re11 serve facilities or the enhancement or improve12 ment of existing Reserve facilities, including

13 their estimated costs and schedules for comple14 tion;

15 ‘‘(E) specific actions being taken or antici16 pated to complete and maintain a Reserve, a

17 750,000,000 barrel Reserve;

18 ‘‘(F) specific actions being taken to com19 plete preparations of plans for expansion of the

20 Reserve to a capacity of one billion barrels; and

21 ‘‘(G) a description of the current method

22 of drawdown and distribution to be utilized; and

23 ‘‘(H) an explanation of any changes made

24 in the matters described in subparagraphs (A)
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1 through (G) since the transmittal of the pre2 vious report under this section;

3 ‘‘(2) a summary of the actions being taken to

4 develop, operate, or maintain the Strategic Petro5 leum Reserve;

6 ‘‘(3) a summary of any actions taken or pro7 posed to achieve the petroleum product storage ob8 jectives for the Reserve through the acquisition of

9 petroleum products by the acquisition of leasing of

10 petroleum products, or by other means;

11 ‘‘(4) a review of any proposal received from a

12 person, including a State or local governmental en13 tity, that would further the objectives of the Reserve,

14 including the financing or leasing of Reserve storage

15 facilities or petroleum products, or both, and any an16 ticipated actions on such a proposal;

17 ‘‘(5) a description of current United States and

18 International Energy Agency policies and practices

19 applicable to the drawdown and distribution of the

20 Reserve, including any changes in such policies and

21 the rationale for such changes;

22 ‘‘(6) a summary of the financial transactions in

23 the Strategic Petroleum Reserve and SPR Petro24 leum Account;
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1 ‘‘(7) a summary of the existing problems with

2 respect to operation or maintenance of the Strategic

3 Petroleum Reserve; and

4 ‘‘(8) any recommendations for supplemental

5 legislation the Secretary considers necessary or ap6 propriate to implement this part, including any pro7 posal under paragraphs (3) and (4).’’.

8 (14) in section 166 (42 U.S.C. 6246) by strik9 ing all after ‘‘appropriated’’ and inserting ‘‘such

10 funds as may be necessary to implement this part.’’;

11 (15) in section 167 (42 U.S.C. 6247)—

12 (A) in subsection (b)—

13 (i) by inserting ‘‘test sales of petro14 leum products from the Reserve,’’ after

15 ‘‘Strategic Petroleum Reserve,’’;

16 (ii) by striking paragraph (1);

17 (iii) in paragraph (2), by striking

18 ‘‘after fiscal year 1982’’; and

19 (B) by amending subsection (e) to read as

20 follows:

21 ‘‘(e) The Impoundment Control Act of 1974 (2

22 U.S.C. 681–688) applies to funds made available under

23 subsection (b).’’.

24 (c) Part C of Title I of the Energy Policy and Con25 servation Act (42 U.S.C. 6249, et seq.) is amended—
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1 (1) in section 172 (42 U.S.C. 6249a) by strik2 ing subsections (a) and (b); and

3 (2) by striking section 173 (42 U.S.C. 6249b).

4 (d) Part D of Title I of the Energy Policy and Con5 servation Act is amended in section 181 (42 U.S.C. 6251),

6 by striking ‘‘1994’’ each time is appears and inserting

7 ‘‘1999’’.

8 SEC. 103 TITLE II AMENDMENTS.

9 (a) Title II of the Energy Policy and Conservation

10 Act is amended by striking Part A (42 U.S.C. 201

11 through 204).

12 (b) Part B of Title II of the Energy Policy and Con13 servation Act is amended by adding at the end of section

14 256(h), ‘‘There are authorized to be appropriated for fis15 cal years 1996 through 1999, such sums as may be nec16 essary.’’.

17 (c) Part D of Title II of the Energy Policy and Con18 servation Act is amended in section 281 (42 U.S.C. 6285),

19 by striking ‘‘1994’’ each time it appears and inserting

20 ‘‘1999’’.

21 SEC. 104. TITLE III AMENDMENTS.

22 (a) Part D of title III of the Energy Policy and Con23 servation Act (42 U.S.C. 6291–6327, 6361–6374d) is

24 amended in section 365(f)) (42 U.S.C. 6325(f)) by amend25 ing paragraph (1) to read as follows:
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1 ‘‘(1) Except as provided in paragraph (2), for

2 the purpose of carrying out this part, there are au3 thorized to be appropriated for fiscal years 1995

4 through 1999, such sums as may be necessary.’’.

5 (b) Part G of title III of the Energy Policy and Con6 servation Act (42 U.S.C. 6371, et seq.) is amended in sec7 tion 397 (42 U.S.C. 6371f) is amended to read as follows:

8 ‘‘SEC. 397. For the purpose of carrying out this part,

9 there are authorized to be appropriated for fiscal years

10 1995 through 1999, such sums as may be necessary.’’.

11 TITLE II—AMENDMENTS TO DEPARTMENT

12 OF ENERGY ORGANIZATION ACT

13 SEC. 201. STANDARDIZATION OF REQUIREMENTS AFFECT14 ING DEPARTMENT OF ENERGY EMPLOYEES.

15 (a) REPEAL.—Part A of title VI of the Department

16 of Energy Organization Act and its catchline (42 U.S.C.

17 7211, 7212, and 7218) are repealed.

18 (b) CONFORMING AMENDMENT.—The table of con19 tents of the Department of Energy Organization Act is

20 amended by striking out the matter relating to part A of

21 title VI.

22 TITLE III—INITIATIVES PERTAINING TO

23 THE LOWER MISSISSIPPI DELTA REGION

24 SEC. 301. FINDINGS.

25 (a) The Congress finds that—
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1 (1) in 1988, Congress enacted Public Law 100–

2 460, establishing the Lower Mississippi Delta Devel3 opment Commission, to assess the needs, problems,

4 and opportunities of people living in the Lower Mis5 sissippi Delta Region that includes 219 counties and

6 parishes within the States of Arkansas, Illinois, Ken7 tucky, Louisiana, Mississippi, Missouri, and Ten8 nessee;

9 (2) the Commission conducted a thorough in10 vestigation to assess these needs, problems, and op11 portunities, and held several public hearings

12 throughout the Delta Region;

13 (3) on the basis of these investigations, the

14 Commission issued the Delta Initiatives Report,

15 which included recommendations on natural resource

16 protection, historic preservation, and the enhance17 ment of educational and other opportunities for

18 Delta Region residents; and

19 (4) the Delta Initiatives Report recommended—

20 (A) the implementation of precollege edu21 cation programs in mathematics and science as

22 well as other initiatives to enhance the edu23 cational and technical capabilities of the Delta

24 work force;
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1 (B) that States and local systems seek

2 ways to expand the pool of qualified educators

3 in mathematics and the sciences;

4 (C) that institutions in the Delta Region

5 work with local school districts to promote

6 mathematics and science education;

7 (D) that Federal agencies target more re8 search and development monies in selected

9 areas to institutions of higher education in the

10 Delta Region, especially Historically Black Col11 leges and Universities;

12 (E) that institutions of higher education

13 establish a regional consortium to provide tech14 nical assistance and training to increase inter15 national trade between businesses in the Delta

16 Region and foreign countries;

17 (F) that the Federal government should

18 create economic incentives to encourage the lo19 cation of value-added facilities for processing

20 agricultural products within the Delta Region;

21 and

22 (G) that Congress provide practical incen23 tives to encourage the construction of alter24 native fuel production facilities in the Delta Re25 gion.
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1 SEC. 302. DEFINITIONS.

2 As used in this title, the term—

3 (1) ‘‘Center’’ means the Delta Energy Tech4 nology and Business Development Center established

5 under section 303 of this Act;

6 (2) ‘‘Commission’’ means the Lower Mississippi

7 Delta Development Commission established pursuant

8 to Public Law 100–460;

9 (3) ‘‘Delta Initiatives Report’’ means the May

10 14, 1990 Final Report of the Commission entitled

11 ‘‘The Delta Initiatives: Realizing the Dream. . . Ful12 filling the Potential’’;

13 (4) ‘‘Delta Region’’ means the Lower Mis14 sissippi Delta Region including the 219 counties and

15 parishes within the States of Arkansas, Illinois, Ken16 tucky, Louisiana, Mississippi, Missouri, and Ten17 nessee, as defined in the Delta Initiatives Report,

18 except that, for any State for which the Delta Re19 gion as defined in such report comprises more than

20 half of the geographic area of such State, the entire

21 State shall be considered part of the Delta Region

22 for purposes of this Act;

23 (5) ‘‘Department’’ means the United States De24 partment of Energy, unless otherwise specifically

25 stated;
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1 (6) ‘‘departmental laboratory’’ means a facility

2 operated by or on behalf of the Department of En3 ergy that would be considered a laboratory as that

4 term is defined in section 12 of the Stevenson5 Wydler Technology Innovation Act of 1980 (15

6 U.S.C. 3710(d)(2)) or other laboratory or facility

7 the Secretary designates;

8 (7) ‘‘Historically Black College or University’’

9 means a college or university that would be consid10 ered a ‘‘part B institution’’ by section 322(2) of the

11 Higher Education act of 1965 (20 U.S.C. 1061(2));

12 (8) ‘‘minority college or University’’ means a

13 Historically Black College or University that would

14 be considered a ‘‘part B institution’’ by section

15 322(2) of the Higher Education Act of 1965 (20

16 U.S.C. 1061(2)) or a ‘‘minority institution’’ as that

17 term is defined in section 1046 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1135d–5(3));

19 (9) ‘‘persons in the Delta Region’’ means an

20 entity primarily located in the Delta Region, the

21 controlling interest (as defined by the Secretary) of

22 which is held by persons of the United States, in23 cluding—

24 (A) a for-profit entity;
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1 (B) a private foundation or corporation ex2 empt under section 501(c)(3) of the Internal

3 Revenue Code;

4 (C) a nonprofit organization such as a

5 public trust;

6 (D) a trade or professional society;

7 (E) a tribal government;

8 (F) institutions of higher education; or

9 (G) a unit of State or local government;

10 and

11 (10) ‘‘Secretary’’ means the Secretary of En12 ergy, unless otherwise specifically stated.

13 SEC. 303. DELTA ENERGY TECHNOLOGY AND BUSINESS DE14 VELOPMENT CENTER.

15 (a) ESTABLISHMENT.—The Secretary shall enter into

16 an agreement with Louisiana State University in partner17 ship with Southern University in Baton Rouge, Louisiana,

18 to establish the Delta Energy Technology and Business

19 Development Center. The agreement shall provide for co20 operative agreements with the University of Arkansas at

21 Pine Bluff, Arkansas, and Alcorn State University in

22 Lorman, Mississippi, and other universities and institu23 tions in the Delta Region, to carry out affiliated programs

24 and coordinate program activities at such universities and

25 institutions.
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1 (b) PURPOSE.—The purpose of the Center shall be

2 to—

3 (1) foster the creation and retention of energy

4 resource and manufacturing and related energy serv5 ice jobs in the Delta Region;

6 (2) encourage the export of energy resources

7 and technologies, including services related thereto,

8 from the Delta Region;

9 (3) develop markets for energy resources and

10 technologies manufactured in the Delta Region for

11 use in meeting the energy resource and technology

12 needs of foreign countries;

13 (4) encourage the successful, long-term market

14 penetration of energy resources and technologies

15 manufactured in the Delta Region into foreign coun16 tries;

17 (5) encourage participation in energy-related

18 projects in foreign countries by persons in the Delta

19 Region as well as the utilization in such projects of

20 energy resources and technologies significantly devel21 oped, demonstrated, or manufactured in the Delta

22 Region; and

23 (6) assist in the establishment of technology

24 transfer programs in cooperation with Federal lab-
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1 oratories to create businesses in energy resources

2 and technology in the Delta Region.

3 (c) GENERAL.—The Center, in cooperation with par4 ticipating universities and institutions in the Delta Re5 gion, shall—

6 (1) identify and foster the establishment of

7 flexible manufacturing networks in consultation with

8 the States of the Delta Region to promote the devel9 opment of energy resources and technologies that

10 have the potential to expand technology development

11 and manufacturing in, and exports from, the Delta

12 Region;

13 (2) provide technical, business, training, mar14 keting, and other assistance to persons in the Delta

15 Region;

16 (3) develop a comprehensive database and infor17 mation dissemination system, that will provide de18 tailed information on the specific energy resources

19 and technologies of the Delta Region itself, as well

20 as domestic and international market opportunities

21 for businesses in the Delta Region, and electronically

22 link the Center with other institutions of higher edu23 cation in the Delta Region;

24 (4) establish a network of business and tech25 nology incubators to promote the design, manufac-
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1 ture, and sale of energy resources and technologies

2 from the Delta Region;

3 (5) enter into contracts, cooperative agree4 ments, and other arrangements with the Federal

5 government, international development agencies, or

6 persons in the Delta Region to carry out these objec7 tives; and

8 (6) coordinate existing Department and other

9 Federal programs having comparable goals and pur10 poses.

11 (d) ASSISTANCE FROM THE SECRETARY.—The Sec12 retary is authorized to provide the Center assistance in

13 obtaining such personnel, equipment, and facilities as may

14 be needed by the Center and affiliated participating uni15 versities and institutions to carry out its activities under

16 this section.

17 (e) GRANTS.—The Secretary is authorized to provide

18 grants and other forms of financial assistance to the Cen19 ter for the Center and participating universities and insti20 tutions to (1) support the creation of flexible manufactur21 ing networks as identified in subsection (c)(1); and (2)

22 develop the comprehensive database described in para23 graph (c)(3); and (3) support the training, marketing, and

24 other related activities of the Center.
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1 (f) ACCEPTANCE OF GRANTS AND TRANSFERS.—The

2 Center may accept—

3 (A) grants and donations from private individ4 uals, groups, organizations, corporations, founda5 tions, State and local governments, and other enti6 ties; and

7 (B) transfers of funds from other Federal agen8 cies.

9 (g) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated such sums as may be

11 necessary to carry out the programs under this section and

12 for the establishment, operation, construction, and main13 tenance of the Center and facilities of participating univer14 sities and institutions.

15 SEC. 304. INSTITUTIONAL CONSERVATION PROGRAM FOR

16 THE DELTA REGION.

17 Title III of the Energy Policy and Conservation Act

18 (42 U.S.C. 6371, et seq.) is amended by adding a new

19 section 400K as follows:

20 ‘‘INSTITUTIONAL CONSERVATION PROGRAM FOR THE

21 DELTA REGION

22 ‘‘SEC. 400K. (a) PURPOSE.—The purpose of this sec23 tion is to encourage the use of energy conservation meas24 ures in the schools and hospitals of the Delta Region.

25 ‘‘(b) GRANTS FOR ESTABLISHMENT OF PROGRAM.—

26 Not later than 12 months after the date of the enactment
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1 of the Lower Mississippi Delta Initiatives Act of 1993, the

2 Secretary is authorized to provide grants to schools or hos3 pitals, or to consortiums consisting of a school or hospital

4 and one or more of the following: State or unit of local

5 government; local education agency; State hospital facili6 ties agency; or State school facilities agency. Such grants

7 shall be for purposes of conducting innovative energy con8 servation projects and providing Federal financing for en9 ergy conservation projects at schools and hospitals in the

10 Delta Region.

11 ‘‘(c) APPLICATIONS.—(1) Applications of schools or

12 hospitals for grants under this section shall be made not

13 more than once for any fiscal year. Such applications shall

14 be submitted to the State energy agency, in consultation

15 with the Planning and Development Districts in the Delta

16 Region, and the State energy agency shall make a single

17 submittal to the Secretary containing all applications

18 which comply with subsection (e).

19 ‘‘(2) Applications for grants shall contain, or be ac20 companied by, such information as the Secretary may rea21 sonably require in accordance with regulations governing

22 institutional conservation programs under this part; pro23 vided, however, that the Secretary shall encourage flexible

24 and innovative approaches consistent with this Act.
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1 ‘‘(d) SELECTION OF APPLICATIONS.—(1) Not later

2 than six months after the receipt of applications under

3 subsection (c), the Secretary shall select at least seven,

4 but not more than 21, proposals from States to receive

5 grants under subsection (b).

6 ‘‘(2) The Secretary may select more than 21 applica7 tions under this subsection, if the Secretary determines

8 that the total amount of available funds is not likely to

9 be otherwise utilized.

10 ‘‘(3) No one State shall receive less than one, or more

11 than four, grants under subsection (b).

12 ‘‘(4) Such grants shall be in addition to such grants

13 as would otherwise be provided under part G of this Act.

14 ‘‘(5) No one grant recipient under this section shall

15 receive Federal funds in excess of $2,000,000.

16 ‘‘(e) SELECTION CRITERIA.—The Secretary shall se17 lect recipients of grants under this section on the basis

18 of the following criteria:

19 ‘‘(1) The location of the grant recipient in the

20 Delta Region.

21 ‘‘(2) The demonstrated or potential resources

22 available to the grant applicant for carrying out the

23 purposes of this section.
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1 ‘‘(3) The demonstrated or potential ability of

2 the grant applicant to improve energy conservation

3 measures in the designated school or hospital.

4 ‘‘(4) Such other criteria as the Secretary deems

5 appropriate for carrying out the purposes of this

6 section.

7 ‘‘(f) DEFINITION.—For purposes of this section, the

8 term ‘Delta Region’ means the Lower Mississippi Delta

9 Region including the 219 counties and parishes within the

10 States of Arkansas, Illinois, Kentucky, Louisiana, Mis11 sissippi, Missouri, and Tennessee, as defined in the May

12 14, 1990, Final Report of the Lower Mississippi Delta De13 velopment Commission entitled ‘The Delta Initiatives: Re14 alizing the Dream . . . Fulfilling the Potential.’

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

16 is authorized to be appropriated for purposes of carrying

17 out this section, to remain available until expended, not

18 more than $20,000,000 for each of fiscal years 1996, and

19 1997, and 1998.’’.

20 SEC. 305. ENERGY RELATED EDUCATIONAL INITIATIVES.

21 (a) MINORITY COLLEGE OR UNIVERSITY INITIA22 TIVE.—(1) Within one year after the date of the enact23 ment of this Act, and annually thereafter, the Secretary

24 shall submit to the Committee on Energy and Natural Re25 sources of the United States Senate and to the United
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1 States House of Representatives a report identifying op2 portunities for minority colleges and universities to par3 ticipate in programs and activities carried out by the De4 partment or the departmental laboratories. The Secretary

5 shall consult with representatives of minority colleges or

6 universities in preparing the report. Such report shall—

7 (A) describe ongoing education and training

8 programs carried out by the Department or the de9 partmental laboratories with respect to, or in con10 junction with, minority colleges or universities in the

11 areas of mathematics, science, and engineering;

12 (B) describe ongoing research, development,

13 demonstration, or commercial application activities

14 involving the Department or the departmental lab15 oratories and minority colleges or universities;

16 (C) describe funding levels for the programs re17 ferred to in subparagraphs (A) and (B);

18 (D) identify ways for the Department or the de19 partmental laboratories to assist minority colleges or

20 universities in providing education and training in

21 the fields of mathematics, the sciences, and engi22 neering;

23 (E) identify ways for the Department or the de24 partmental laboratories to assist minority colleges

25 and universities in entering into partnerships;
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1 (F) address the need for, and potential role of,

2 the Department or the departmental laboratories in

3 providing minority colleges or universities with—

4 (i) increased research opportunities for fac5 ulty and students;

6 (ii) assistance in faculty development and

7 recruitment;

8 (iii) curriculum enhancement and develop9 ment; and

10 (iv) improved laboratory instrumentation

11 and equipment, including computer equipment,

12 through purchase, loan, or other transfer mech13 anisms;

14 (G) address the need for, and potential role of,

15 the Department or departmental laboratories in pro16 viding financial and technical assistance for the de17 velopment of infrastructure facilities, including

18 buildings and laboratory facilities, at minority col19 leges and universities; and

20 (H) make specific proposals and recommenda21 tions, together with estimates of necessary funding

22 levels, for initiatives to be carried out by the Depart23 ment or the departmental laboratories in order to

24 assist minority colleges or universities in providing

25 education and training in the areas of mathematics,
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1 the sciences, and engineering, and in entering into

2 partnerships with the Department or departmental

3 laboratories.

4 (2) The Secretary shall encourage memoranda of un5 derstanding and other appropriate forms of agreement be6 tween the Department and minority colleges and univer7 sities directed at jointly planning and developing programs

8 to foster greater involvement of minority colleges and uni9 versities in research, education, training, and recruitment

10 activities of the Department.

11 (b) MINORITY COLLEGE AND UNIVERSITY SCHOLAR12 SHIP PROGRAMS FOR THE DELTA REGION.—The Sec13 retary shall establish a scholarship program for students

14 pursuing undergraduate or graduate degrees in energy-re15 lated scientific, mathematical, engineering, and technical

16 disciplines at minority colleges and universities in the

17 Delta Region. The scholarship program shall include tui18 tion assistance. Recipients of such scholarships shall be

19 students deemed by the Secretary to have demonstrated

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

21 in the particular area of study.

22 (c) PRE-COLLEGE EDUCATION.—The Secretary shall

23 undertake activities to encourage pre-college education

24 programs in energy-related scientific, mathematical, engi25 neering, and technical disciplines for students in the Delta
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1 Region. Such activities shall include, but not be limited

2 to the following:

3 (1) Cooperation with, and assistance to, State

4 departments of education and local school districts

5 in the Delta Region to develop and carry out after

6 school and summer education programs for elemen7 tary, middle, and secondary school students in en8 ergy-related scientific, mathematical, engineering

9 and technical disciplines.

10 (2) Cooperation with, and assistance to, institu11 tions of higher education in the Delta Region to de12 velop and carry out pre-college education programs

13 in energy-related scientific, mathematical, engineer14 ing, and technical disciplines for middle and second15 ary school students.

16 (3) Cooperation with, and assistance to, State

17 departments of education and local school districts

18 in the development and use of curriculum and edu19 cational materials in energy-related scientific, mathe20 matical, engineering, and technical disciplines for

21 middle and secondary students.

22 (4) The establishment of education programs in

23 subjects relating to energy-related scientific, mathe24 matical, engineering, and technical disciplines for el-
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1 ementary, middle, and secondary school teachers in

2 the Delta Region.

3 (d) VOLUNTEER PROGRAM.—The Secretary shall

4 carry out a program to encourage the involvement on a

5 voluntary basis of qualified employees of the Department

6 in education programs relating to energy-related scientific,

7 mathematical, engineering, and technical disciplines, in co8 operation with State departments of education and local

9 school districts in the Delta Region.

10 (e) WOMEN AND MINORITIES IN THE SCIENCES.—

11 The Secretary shall establish a Center for Excellence in

12 the Sciences at Alcorn State in Lorman, Mississippi, in

13 cooperation with Southern University in Baton Rouge,

14 Louisiana, and the University of Arkansas at Pine Bluff,

15 Arkansas, and other minority colleges or universities for

16 purposes of encouraging women and minority students in

17 the Delta Region to study and pursue careers in the

18 sciences, mathematics, engineering and technical dis19 ciplines. The Center shall enter into cooperative agree20 ments with Southern University in Baton Rouge, Louisi21 ana, and the University of Arkansas at Pine Bluff, Arkan22 sas, and other minority colleges and universities in the

23 Delta Region, to carry out affiliated programs and coordi24 nate programs activities at such colleges and universities.
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1 The Secretary is authorized to provide grants and other

2 forms of financial assistance to the Center.

3 (f) COORDINATION WITH OTHER FEDERAL AGEN4 CIES.—The Secretary shall ensure that the programs au5 thorized in this section are coordinated with, and com6 plimentary to, education assistance programs adminis7 tered by the Department and by other Federal agencies

8 in the Delta Region. These agencies include, but are not

9 limited to, the Department of the Interior, the Depart10 ment of Agriculture, the Department of Education, the

11 National Science Foundation, and the National Aero12 nautics and Space Administration.

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

14 hereby authorized to be appropriated such sums as may

15 be necessary to carry out the purposes of this section.

16 SEC. 306. INTEGRATED BIOMASS ENERGY SYSTEMS.

17 (a) PROGRAM DIRECTION.—The Secretary, in con18 sultation with the Secretary of Agriculture, shall conduct

19 a research, development and demonstration program to

20 determine the economic viability of integrated biomass en21 ergy systems within the Delta Region.

22 (b) PROGRAM PLAN.—Not later than six months

23 after the date of enactment of this Act, the Secretary shall

24 prepare and submit to the Congress a program plan to

25 guide the activities under this section.
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1 (c) SOLICITATION OF PROPOSALS.—Not later than

2 one year after the date of enactment of this Act, the Sec3 retary shall solicit proposals for conducting activities con4 sistent with the program plan. Such activities shall include

5 at least three demonstrations of integrated biomass energy

6 systems that—

7 (1) involve the production of dedicated energy

8 crops of not less than 25,000 acres per demonstra9 tion;

10 (2) include predominately herbaceous energy

11 crops;

12 (3) include predominately short-rotation woody

13 crops;

14 (4) demonstrate cost-effective methods of grow15 ing, harvesting, storing, transporting, and preparing

16 energy crops for conversion to electricity or trans17 portation fuel; and

18 (5) result in the conversion of such crops to

19 electricity or transportation fuel by a non-Federal

20 energy producer or the Tennessee Valley Authority.

21 (d) COST SHARING.—(1) For research, development,

22 and demonstration programs carried out under this sec23 tion, the Secretary shall require a commitment from non24 Federal sources of at least 20 percent of the cost of the

25 project.
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1 (2) The Secretary shall require at least 50 percent

2 of the costs directly and specifically related to any dem3 onstration or commercial application project under this

4 section to be provided from non-Federal sources. The Sec5 retary may reduce the non-Federal requirement under this

6 section if the Secretary determines that the reduction is

7 necessary and appropriate considering the technological

8 risks involved in the project and is necessary to meet the

9 objectives of this section.

10 (3) In calculating the amount of the non-Federal

11 commitment under paragraph (1) or (2), the Secretary

12 shall include cash, personnel, services, equipment, and

13 other resources.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for purposes of carrying out

16 this section, to remain available until expended, not more

17 than $10,000,000 for each of fiscal years 1996, 1997, and

18 1998.

19 SEC. 307. WEATHERIZATION ASSISTANCE PROGRAM FOR

20 THE DELTA REGION.

21 Title IV of the Energy Conservation and Production

22 Act (42 U.S.C. 6851, 6861–6846) is further amended by

23 adding a new section 423 as follows:
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1 ‘‘WEATHERIZATION ASSISTANCE PROGRAM FOR THE

2 DELTA REGION

3 ‘‘SEC. 423. (a) PURPOSE.—The purpose of this sec4 tion is to encourage the weatherization of low-income

5 dwelling units in the Delta Region.

6 ‘‘(b) GRANTS FOR ESTABLISHMENT OF PROGRAM.—

7 Not later than 12 months after the date of the enactment

8 of the Lower Mississippi Delta Initiatives Act of 1993, the

9 Secretary shall make grants to (1) States, and (2) in ac10 cordance with the provisions of subsection (413)(d), to In11 dian tribal organizations to serve Native Americans in the

12 Delta Region. Such grants shall be made for the purposes

13 of providing financial assistance for the weatherization of

14 low-income dwelling units.

15 ‘‘(c) APPLICATIONS.—(1) Applications of States or

16 Indian tribal organizations for grants under this section

17 shall be made not more than once for any fiscal year. Such

18 applications shall be submitted to the State weatherization

19 agency, in consultation with Community Action Agencies

20 and Planning and Development Districts in the Delta Re21 gion, and the State weatherization agency shall make a

22 single submittal to the Secretary containing all applica23 tions which comply with subsection (e).

24 ‘‘(2) Applications for grants for energy conservation

25 projects shall contain, or be accompanied by, such infor-
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1 mation as the Secretary may reasonably require in accord2 ance with regulations governing weatherization assistance

3 programs under this Part.

4 ‘‘(d) SELECTION OF APPLICATIONS.—(1) The Sec5 retary shall select applications from States to receive

6 grants under subsection (b).

7 ‘‘(2) Such grants shall be in addition to such grants

8 as would otherwise be provided under section 414 of this

9 Act.

10 ‘‘(3) No one grant recipient under this section shall

11 receive Federal funds in excess of $2,000,000.

12 ‘‘(e) SELECTION CRITERIA.—The Secretary shall se13 lect recipients of grants under this section in accordance

14 with the requirements of sections 414(b) and 415 of this

15 Act, and on the basis of the following criteria:

16 ‘‘(1) The location of the grant applicant in the

17 Delta Region.

18 ‘‘(2) The demonstrated or potential resources

19 available to the grant applicant for carrying out the

20 purposes of this section.

21 ‘‘(3) The demonstrated or potential ability of

22 the grant applicant to improve energy efficiency in

23 low-income dwelling units.

24 ‘‘(f) COORDINATION WITH OTHER WEATHERIZATION

25 ASSISTANCE PROGRAMS.—The Secretary shall ensure that
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1 the programs authorized in this section are coordinated

2 with, and complimentary to, Department weatherization

3 assistance programs under section 413, 414A and 414B

4 of this title.

5 ‘‘(g) DEFINITION.—For purposes of this section, the

6 term ‘Delta Region’ means the Lower Mississippi Delta

7 Region including the 219 counties and parishes within the

8 States of Arkansas, Illinois, Kentucky, Louisiana, Mis9 sissippi, Missouri, and Tennessee, as defined in the May

10 14, 1990 Final Report of the Lower Mississippi Delta De11 velopment Commission entitled ‘The Delta Initiatives: Re12 alizing the Dream . . . Fulfilling the Potential.’

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

14 is authorized to be appropriated for purposes of carrying

15 out this section, to remain available until expended, not

16 more than $20,000,000 for each of fiscal years 1996,

17 1997, and 1998.’’.

18 SEC. 308. RENEWABLE ENERGY PRODUCTION INCENTIVES.

19 Section 1212 of the Energy Policy Act of 1992 (42

20 U.S.C. 13317) is amended by inserting immediately after

21 ‘‘foregoing,’’ the following: ‘‘by the Tennessee Valley Au22 thority,’’.
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1 TITLE IV—PURCHASES FROM THE STRA2 TEGIC PETROLEUM RESERVE BY THE

3 STATE OF HAWAII.

4 SEC. 401. (a) GENERAL PROVISIONS.—Section 161

5 of the Energy Policy and Conservation Act (42 U.S.C.

6 6241) is amended by adding at the end the following new

7 subsection:

8 ‘‘(j)(1) With respect to each offering of a quantity

9 of petroleum product during a drawdown of the Strategic

10 Petroleum Reserve—

11 ‘‘(A) the State of Hawaii, in addition to having

12 the opportunity to submit a competitive bid, may—

13 ‘‘(i) submit a binding offer, and shall on

14 submission of the bid, be entitled to purchase a

15 category of petroleum product specified in a no16 tice of sale at a price equal to the volumetrically

17 weighted average of the successful bids made

18 for the remaining quantity of petroleum product

19 within the category that is the subject of the of20 fering; and

21 ‘‘(ii) submit one or more alternative offers,

22 for other categories of petroleum product, that

23 will be binding in the event that no price com24 petitive contract is awarded for the category of
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1 petroleum product on which a binding offer is

2 submitted under clause (i); and

3 ‘‘(B) at the request of the Governor of the

4 State of Hawaii, petroleum product purchased by

5 the State of Hawaii at a competitive sale or through

6 a binding offer shall have first preference in schedul7 ing for lifting.

8 ‘‘(2)(A) In administering this subsection, and with re9 spect to each offering, the Secretary may impose the limi10 tation described in subparagraph (B) or (C) that results

11 in the purchase of the lesser quantity of petroleum prod12 uct.

13 ‘‘(B) The Secretary may limit the quantity of petro14 leum product that the State of Hawaii may purchase

15 through a binding offer at any one offering to 1-1/2 of

16 the total quantity of imports of petroleum product brought

17 into the State during the previous year (or other period

18 determined by the Secretary to be representative).

19 ‘‘(C) The Secretary may limit the quantity that may

20 be purchased through binding offers at any one offering

21 to 3 percent of the offering.

22 ‘‘(3) Notwithstanding any limitation imposed under

23 paragraph (2), in administering this subsection, and with

24 respect to each offering, the Secretary shall, at the request

25 of the Governor of the State of Hawaii, adjust the quan-
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1 tity to be sold to the State of Hawaii or an eligible entity

2 certified under paragraph (6), as follows:

3 ‘‘(A) The Secretary shall adjust upward to the

4 next whole number increment of a full tanker load

5 if the quantity to be sold is—

6 ‘‘(i) less than one full tanker load; or

7 ‘‘(ii) greater than or equal to 50 percent of

8 a full tanker load more than a whole number

9 increment of a full tanker load.

10 ‘‘(B) The Secretary shall adjust downward to

11 the next whole number increment of a full tanker

12 load if the quantity to be sold is less than 50 percent

13 of a full tanker load more than a whole number in14 crement of a full tanker load.

15 ‘‘(4) The State of Hawaii or an eligible entity may

16 enter into an exchange or a processing agreement that re17 quires delivery to other locations, so long as petroleum

18 product of similar value or quantity is delivered to the

19 State of Hawaii.

20 ‘‘(5) Except as otherwise provided in this Act, the

21 Secretary may require the State of Hawaii and any eligible

22 entity that purchases petroleum product under this sub23 section to comply with the standard sales provisions appli24 cable to purchasers of petroleum product at competitive

25 sales.
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1 ‘‘(6)(A) Notwithstanding the foregoing, and subject

2 to subparagraphs (B) and (C), if the Governor of the State

3 of Hawaii certifies to the Secretary that the State has en4 tered into an agreement with an eligible entity to effec5 tuate the purposes of this Act, such eligible entity may

6 submit a binding offer and receive first preference in

7 scheduling for lifting in accordance with this subsection.

8 ‘‘(B) The Governor of the State of Hawaii shall not

9 certify more than one eligible entity under this paragraph

10 for each notice of sale.

11 ‘‘(C) If the Secretary has notified the Governor of

12 the State of Hawaii that a company has been barred from

13 bidding (either prior to, or at the time that a notice of

14 sale is issued), the Governor shall not certify such com15 pany under the paragraph.

16 ‘‘(7) As used in this subsection—

17 ‘‘(A) the term ‘binding offer’ means a bid sub18 mitted by the State of Hawaii or an eligible entity

19 for an assured award of a specific quantity of petro20 leum product, with a price to be calculated pursuant

21 to this Act, that obligates the offeror to take title to

22 the petroleum product without further negotiation or

23 recourse to withdraw the offer;

24 ‘‘(B) the term ‘category of petroleum’ means

25 the master line items within a notice of sale;
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1 ‘‘(C) the term ‘eligible entity’ means an entity

2 that owns or controls a refinery that is located with3 in the State of Hawaii;

4 ‘‘(D) the term ‘full tanker load’ means a tanker

5 of approximately 700,000 barrels of capacity, or

6 such lesser tanker capacity as may be designated by

7 the State of Hawaii or the eligible entity submitting

8 the binding offer;

9 ‘‘(E) the term ‘offering’ means a solicitation for

10 bids for a quantity or quantities of petroleum prod11 uct from the Strategic Petroleum Reserve as speci12 fied in the notice of sale; and

13 ‘‘(F) the term ‘notice of sale’ means the docu14 ment that announces—

15 ‘‘(i) the sale of strategic petroleum reserve

16 products;

17 ‘‘(ii) the quantity, characteristics, and loca18 tion of the petroleum product being sold;

19 ‘‘(iii) the delivery period for the sale; and

20 ‘‘(iv) the procedures for submitting of21 fers.’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall take effect on the date that is 180

24 days after the date of enactment of this Act or the date
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1 that final regulations are promulgated pursuant to section

2 3, whichever is sooner.

3 SEC. 402. REGULATIONS.

4 (a) IN GENERAL.—The Secretary shall promulgate

5 such regulations as are necessary to carry out section 2.

6 (b) PLAN AMENDMENTS.—No amendment of the

7 Strategic Petroleum Reserve Plan or the Distribution Plan

8 contained in the Strategic Petroleum Reserve Plan is re9 quired for any action taken under this Act if the Secretary

10 determines that an amendment to the plan is necessary

11 to carry out this section.

12 (c) ADMINISTRATIVE PROCEDURE.—Regulations is13 sued to carry out this Act shall not be subject to—

14 (1) section 523 of the Energy Policy and Con15 servation Act (42 U.S.C. 6393); or

16 (2) section 501 of the Department of Energy

17 Organization Act (42 U.S.C. 7191).

18 TITLE V—DEPARTMENT OF ENERGY

19 TECHNOLOGY PARTNERSHIPS

20 SEC. 501. SHORT TITLE.

21 This title may be cited as the ‘‘Department of Energy

22 National Competitiveness Technology Partnership Act of

23 1994’’.

24 SEC. 502. DEFINITIONS.

25 For purposed of this title, the term—
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1 (a) ‘‘Department’’ means the United States De2 partment of Energy; and

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

4 United States Department of Energy.

5 SEC. 503. COMPETITIVENESS AMENDMENT TO THE DE6 PARTMENT OF ENERGY ORGANIZATION ACT.

7 (a) The Department of Energy Organization Act is

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

9 7101 et seq.):

10 ‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS

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

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

13 finds that—

14 ‘‘(1) the Department has scientific and tech15 nical resources within the departmental laboratories

16 in many areas of importance to the economic, sci17 entific and technological competitiveness of United

18 States industry;

19 ‘‘(2) the extensive scientific and technical in20 vestment in people, facilities and equipment in the

21 departmental laboratories can contribute to the

22 achievement of national technology goals in areas

23 such as the environment, health, space, and trans24 portation;
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1 ‘‘(3) the Department has pursued aggressively

2 the transfer of technology from departmental labora3 tories to the private sector; however, the capabilities

4 of the laboratories could be made more fully acces5 sible to United States industry and to other Federal

6 agencies;

7 ‘‘(4) technology development has been increas8 ingly driven by the commercial marketplace, and the

9 private sector has research and development capa10 bilities in a broad range of generic technologies;

11 ‘‘(5) the Department and the departmental lab12 oratories would benefit, in carrying out their mis13 sions, from collaboration and partnership with Unit14 ed States industry and other Federal agencies; and

15 ‘‘(6) partnerships between the departmental

16 laboratories and United States industry can provide

17 significant benefits to the Nation as a whole, includ18 ing creation of jobs for United States workers and

19 improvement of the competitive position of the Unit20 ed States in key sectors of the economy such as

21 aerospace, automotive, chemical and electronics.

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

23 ‘‘(1) to promote partnerships among the De24 partment, the departmental laboratories and the pri25 vate sector;
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1 ‘‘(2) to establish a goal for the amount of de2 partmental laboratory resources to be committed to

3 partnerships;

4 ‘‘(3) to ensure that the Department and the de5 partmental laboratories play an appropriate role,

6 consistent with the core competencies of the labora7 tories, in implementing the President’s critical tech8 nology strategies;

9 ‘‘(4) to provide additional authority to the Sec10 retary to enter into partnerships with the private

11 sector to carry out research, development, dem12 onstration and commercial application activities;

13 ‘‘(5) to streamline the approval process for co14 operative research and development agreements pro15 posed by the departmental laboratories; and

16 ‘‘(6) to facilitate greater cooperation between

17 the Department and other Federal agencies as part

18 of an integrated national effort to improve United

19 States competitiveness.

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

21 term—

22 ‘‘(1) ‘cooperative research and development

23 agreement’ has the meaning given that term in sec24 tion 12 of the Stevenson-Wydler Technology Innova25 tion Act of 1980 (15 U.S.C. 3710a(d)(1));
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1 ‘‘(2) ‘core competency’ means an area in which

2 the Secretary determines a departmental laboratory

3 has developed expertise and demonstrated capabili4 ties;

5 ‘‘(3) ‘critical technology’ means a technology

6 identified in the Report of the National Critical

7 Technologies Panel;

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

9 operated by or on behalf of the Department that

10 would be considered a laboratory as that term is de11 fined in section 12 of the Stevenson-Wydler Tech12 nology Innovation Act of 1980 (15 U.S.C.

13 3710a(d)(2)) or any other laboratory or facility des14 ignated by the Secretary;

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

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

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

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

19 that has military and commercial applications;

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

21 university, or elementary or secondary school, in22 cluding any not-for-profit organization dedicated to

23 education that would be exempt under section

24 501(a) of the Internal Revenue Code of 1986;
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1 ‘‘(8) ‘minority college or university’ means a

2 historically Black college or university that would be

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

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

5 1061(2)) or a ‘minority institution’ as that term is

6 defined in section 1046 of the Higher Education Act

7 of 1965 (20 U.S.C. 1135d–5(3)).

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

9 means any of the following: Argonne National Lab10 oratory, Brookhaven National Laboratory, Idaho

11 National Engineering Laboratory, Lawrence Berke12 ley Laboratory, Lawrence Livermore National Lab13 oratory, Los Alamos National Laboratory, National

14 Renewable Energy Laboratory, Oak Ridge National

15 Laboratory, Pacific Northwest Laboratory, and

16 Sandia National Laboratories;

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

18 under which the Secretary or one or more depart19 mental laboratories undertakes research, develop20 ment, demonstration, commercial application or

21 technical assistance activities in cooperation with one

22 or more non-Federal partners and which may in23 clude partners from other Federal agencies;

24 ‘‘(11) ‘Report of the National Critical Tech25 nologies Panel’ means the biennial report on na-
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1 tional critical technologies submitted to Congress by

2 the President pursuant to section 603(d) of the Na3 tional Science and Technology Policy, Organization,

4 and Priorities Act of 1976 (42 U.S.C. 6683(d)); and

5 ‘‘(12) ‘small business’ means a business concern

6 that meets the applicable standards prescribed pur7 suant to section 3(a) of the Small Business Act (15

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

9 ‘‘SEC. 1102. GENERAL AUTHORITY.

10 ‘‘(a)(1) In carrying out the missions of the Depart11 ment, the Secretary and the departmental laboratories

12 may conduct research, development, demonstration or

13 commercial application activities that build on the core

14 competencies of the departmental laboratories.

15 ‘‘(2) In addition to missions established pursuant to

16 other laws, the Secretary may assign to departmental lab17 oratories any of the following missions:

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

19 ‘‘(i) advancement of the military applica20 tion of atomic energy;

21 ‘‘(ii) support of the production of atomic

22 weapons, or atomic weapons parts, including

23 special nuclear materials;

24 ‘‘(iii) support of naval nuclear propulsion

25 programs;
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1 ‘‘(iv) support for the dismantlement of

2 atomic weapons and the safe storage, transpor3 tation and disposal of special nuclear materials;

4 ‘‘(v) development of technologies and tech5 niques for the safe storage, processing, treat6 ment, transportation, and disposal of hazardous

7 waste (including radioactive waste) resulting

8 from nuclear materials production, weapons

9 production and surveillance programs, and

10 naval nuclear propulsion programs and of tech11 nologies and techniques for the reduction of en12 vironmental hazards and contamination due to

13 such waste and the environmental restoration of

14 sites affected by such waste;

15 ‘‘(vi) development of technologies and tech16 niques needed for the effective negotiation and

17 verification of international arms control agree18 ments and for the containment of the prolifera19 tion of nuclear, chemical, and biological weap20 ons and delivery vehicles of such weapons; and

21 ‘‘(vii) protection of health and promotion

22 of safety in carrying out other national security

23 missions.

24 ‘‘(B) Energy-related science and technology, in25 cluding the—
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1 ‘‘(i) enhancement of the Nation’s under2 standing of all forms of energy production and

3 use;

4 ‘‘(ii) support of basic and applied research

5 on the fundamental nature of matter and en6 ergy, including construction and operation of

7 unique scientific instruments;

8 ‘‘(iii) development of energy resources, in9 cluding solar, geothermal, fossil, and nuclear

10 energy resources, and related fuel cycles;

11 ‘‘(iv) pursuit of a comprehensive program

12 of research and development on the environ13 mental effects of energy technologies and pro14 grams;

15 ‘‘(v) development of technologies and proc16 esses to reduce the generation of waste or pollu17 tion or the consumption of energy or materials;

18 ‘‘(vi) development of technologies and tech19 niques for the safe storage, processing, treat20 ment, management, transportation and disposal

21 of nuclear waste resulting from commercial nu22 clear activities; and

23 ‘‘(vii) improvement of the quality of edu24 cation in science, mathematics, and engineering.

25 ‘‘(C) Technology transfer.
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1 ‘‘(3)(A) In addition to the missions identified in sub2 section (a)(2), the Departmental laboratories may pursue

3 supporting missions to the extent that these supporting

4 missions—

5 ‘‘(i) support the technology policies of the Presi6 dent;

7 ‘‘(ii) are developed in consultation with and co8 ordinated with any other Federal agency or agencies

9 that carry out such mission activities;

10 ‘‘(iii) are built upon the competencies developed

11 in carrying out the primary missions identified in

12 subsection (a)(2) and do not interfere with the pur13 suit of the missions identified in subsection (a)(2);

14 and

15 ‘‘(iv) are carried out through a process that so16 licits the views of United States industry and other

17 appropriate parties.

18 ‘‘(B) These supporting missions shall include activi19 ties in the following areas:

20 ‘‘(i) developing and operating high-performance

21 computing and communications systems, with the

22 goals of contributing to a national information infra23 structure and addressing complex scientific and in24 dustrial challenges which require large-scale com25 putational capabilities;
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1 ‘‘(ii) conducting research on and development of

2 advanced manufacturing systems and technologies,

3 with the goal of assisting the private sector in im4 proving the productivity, quality, energy efficiency,

5 and control of manufacturing processes;

6 ‘‘(iii) conducting research on and development

7 of advanced materials, with the goals of increasing

8 energy efficiency, environmental protection, and im9 proved industrial performance.

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

11 Secretary, and the directors of the departmental labora12 tories, shall, to the maximum extent practicable, make use

13 of partnerships. Such partnerships shall be for purposes

14 of the following:

15 ‘‘(A) to lead to the development of technologies

16 that the private sector can commercialize in areas of

17 technology with broad application important to Unit18 ed States technological and economic competitive19 ness;

20 ‘‘(B) to provide Federal support in areas of

21 technology where the cost or risk is too high for the

22 private sector to support alone but that offer a po23 tentially high payoff to the United States;

24 ‘‘(C) to contribute to the education and training

25 of scientists and engineers;
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1 ‘‘(D) to provide university and private research2 ers access to departmental laboratory facilities; or

3 ‘‘(E) to provide technical expertise to univer4 sities, industry or other Federal agencies.

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

6 may enter into agreements using instruments authorized

7 under applicable laws, including but not limited to con8 tracts, cooperative research and development agreements,

9 work for other agreements, user-facility agreements, coop10 erative agreements, grants, personnel exchange agree11 ments and patent and software licenses with any person,

12 any agency or instrumentality of the United States, any

13 State or local governmental entity, any educational institu14 tion, and any other entity, private sector or otherwise.

15 ‘‘(c) The Secretary, and the directors of the depart16 mental laboratories, shall utilize partnerships with United

17 States industry, to the maximum extent practicable, to en18 sure that technologies developed in pursuit of the Depart19 ment’s missions are applied and commercialized in a time20 ly manner.

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

22 agencies to carry out research, development, demonstra23 tion or commercial application activities where the core

24 competencies of the departmental laboratories could con25 tribute to the missions of such other agencies.
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1 ‘‘SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS

2 BETWEEN DEPARTMENTAL LABORATORIES

3 AND UNITED STATES INDUSTRY.

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

5 shall establish a goal to allocate to cost-shared partner6 ships with United States industry not less than 20 percent

7 of the annual funds provided by the Secretary to each

8 multi-program departmental laboratory for research, de9 velopment, demonstration and commercial application ac10 tivities.

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

12 shall establish an appropriate goal for the amount of re13 sources to be committed to cost-shared partnerships with

14 United States industry at other departmental laboratories.

15 ‘‘SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOP16 MENT OF CRITICAL TECHNOLOGY STRATE17 GIES.

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

19 technology strategy for research, development, demonstra20 tion and commercial application activities supported by

21 the Department for the critical technologies listed in the

22 Report of the National Critical Technologies Panel.

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

24 shall—

25 ‘‘(1) identify the core competencies of each de26 partmental laboratory;
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1 ‘‘(2) develop goals and objectives for the appro2 priate role of the Department in each of the critical

3 technologies listed in the report, taking into consid4 eration the core competencies of the departmental

5 laboratories;

6 ‘‘(3) consult with appropriate representatives of

7 United States industry, including members of indus8 try associations and representatives of labor organi9 zations; and

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

11 to develop critical technology strategies.

12 ‘‘SEC. 1105. PARTNERSHIP PREFERENCES.

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

14 economic benefits of any partnership accrue to the United

15 States economy.

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

17 under section 12(c)(4) of the Stevenson-Wydler Tech18 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(4))

19 if it were a cooperative research and development agree20 ment shall be given preference under this title.

21 ‘‘(c) The Secretary shall issue guidelines, after con22 sultation with the Laboratory Partnership Advisory Board

23 established in section 1109, for application of section

24 12(c)(4) of the Stevenson-Wydler Technology Innovation
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1 Act of 1980 (15 U.S.C. 3710a(c)(4)) and application of

2 subsection (a) of this section to partnerships.

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

4 involve minority colleges or universities or private sector

5 entities owned or controlled by disadvantaged individuals.

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

7 ‘‘(a) The Secretary, in consultation with the Labora8 tory Partnership Advisory Board established in section

9 1109, shall develop mechanisms for independent evalua10 tion of the ongoing partnership activities of the Depart11 ment and the departmental laboratories.

12 ‘‘(b)(1) The Secretary and the director of each de13 partmental laboratory shall develop mechanisms for as14 sessing the progress of each partnership.

15 ‘‘(2) The Secretary and the director of each depart16 mental laboratory shall utilize the mechanisms developed

17 under paragraph (1) to evaluate the accomplishments of

18 each ongoing multi-year partnership and shall condition

19 continued Federal participation in each partnership on

20 demonstrated progress.

21 ‘‘SEC. 1107. ANNUAL REPORT.

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

23 Congress describing the ongoing partnership activities of

24 the Secretary and each departmental laboratory and, to

25 the extent practicable, the activities planned by the Sec-
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1 retary and by each departmental laboratory for the coming

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

3 seek the advice of the Laboratory Partnership Advisory

4 Board established in section 1109.

5 ‘‘(b) The Secretary shall submit the report under sub6 section (a) to the Committees on Appropriations and En7 ergy and Natural Resources of the Senate and to the ap8 propriate committees of the House of Representatives. No

9 later than March 1, 1994, and no later than the first of

10 March of each subsequent year, the Secretary shall submit

11 the report under subsection (a) that covers the fiscal year

12 beginning on the first of October of such year.

13 ‘‘(c) Each director of a departmental laboratory shall

14 provide annually to the Secretary a report on ongoing

15 partnership activities and a plan and such other informa16 tion as the Secretary may reasonably require describing

17 the partnership activities the director plans to carry out

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

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

20 Secretary to permit preparation of the report under sub21 section (a).

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

23 under subsection (a) shall include, to the extent such in24 formation is available, appropriate information on—
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1 ‘‘(1) the total funds to be allocated to partner2 ship activities by the Secretary and by the director

3 of each departmental laboratory;

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

5 the Secretary and by the director of each depart6 mental laboratory for partnership activities by areas

7 of technology;

8 ‘‘(3) any plans for additional funds not de9 scribed in paragraph (2) to be set aside for partner10 ships during the coming fiscal year;

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

12 contribution in excess of $500,000 the Secretary or

13 the director of each departmental laboratory expects

14 to enter into in the coming fiscal year;

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

16 each partnership that involves a Federal contribu17 tion in excess of $500,000;

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

19 participation in partnerships;

20 ‘‘(7) the nature of the partnership arrange21 ments, including the anticipated level of financial

22 and in-kind contribution from participants and any

23 repayment terms;

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

25 in selecting partnerships; and
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1 ‘‘(9) such other information that the Secretary

2 finds relevant to the determination of the appro3 priate level of Federal support for such partnerships.

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

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

6 been described previously in the report required by sub7 section (a), that involves a Federal contribution in excess

8 of $500,000.

9 ‘‘SEC. 1108. PARTNERSHIP PAYMENTS.

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

11 Secretary may require a person or other entity to make

12 payments to the Department, or any other Federal agen13 cy, as a condition for receiving support under the agree14 ment.

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

16 Federal Government pursuant to a requirement imposed

17 under paragraph (1) may be credited, to the extent au18 thorized by the Secretary, to the account established under

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

20 subject to appropriations, for partnerships.

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

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

23 Energy Partnership Fund’. Funds in such account shall

24 be available to the Secretary for the support of partner25 ships.
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1 ‘‘(b) The Secretary may advance funds under any

2 partnership without regard to section 3324 of title 31 of

3 the United States Code to—

4 ‘‘(1) small businesses;

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

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

7 Code of 1986; or

8 ‘‘(3) State or local governmental entities.

9 ‘‘SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD

10 AND INDUSTRIAL ADVISORY GROUPS AT

11 MULTI-PROGRAM DEPARTMENTAL LABORA12 TORIES.

13 ‘‘(a)(1) The Secretary shall establish within the De14 partment an advisory board to be known as the ‘Labora15 tory Partnership Advisory Board,’ to provide the Sec16 retary with advice on the implementation of this title.

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

18 Advisory Board shall consist of persons who are qualified

19 to provide the Secretary with advice on the implementa20 tion of this title. Members of the Board shall include rep21 resentatives primarily from United States industry but

22 shall also include representatives from the following:

23 ‘‘(A) small businesses;

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

25 by disadvantaged persons;
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1 ‘‘(C) educational institutions, including rep2 resentatives from minority colleges or universities;

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

4 and

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

6 United States.

7 ‘‘(3) The Laboratory Partnership Advisory Board

8 shall request comment and suggestions from departmental

9 laboratories to assist the Board in providing advice to the

10 Secretary on the implementation of this title.

11 ‘‘(b) The director of each multi-program depart12 mental laboratory shall establish an advisory group con13 sisting of persons from United States industry to—

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

15 departmental laboratory;

16 ‘‘(2) identify opportunities for partnerships with

17 United States industry; and

18 ‘‘(3) evaluate ongoing programs at the depart19 mental laboratory from the perspective of United

20 States industry.

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

22 the Secretary or the director of a departmental laboratory

23 from utilizing existing advisory boards to achieve the pur24 poses of this section.
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1 ‘‘SEC. 1110. FELLOWSHIP PROGRAM.

2 ‘‘The Secretary shall encourage scientists, engineers

3 and technical staff from departmental laboratories to serve

4 as visiting fellows in research and manufacturing facilities

5 of industrial organizations, State and local governments,

6 and educational institutions in the United States and for7 eign countries. The Secretary may establish a formal fel8 lowship program for this purpose or may authorize such

9 activities on a case-by-case basis. The Secretary shall also

10 encourage scientists and engineers from United States in11 dustry to serve as visiting scientists and engineers in the

12 departmental laboratories.

13 ‘‘SEC. 1111. COOPERATION WITH STATE AND LOCAL PRO14 GRAMS FOR TECHNOLOGY DEVELOPMENT

15 AND DISSEMINATION.

16 ‘‘The Secretary and the director of each departmental

17 laboratory shall seek opportunities to coordinate their ac18 tivities with programs of State and local governments for

19 technology development and dissemination, including pro20 grams funded in part by the Secretary of Defense pursu21 ant to section 2523 of title 10 of the United States Code

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

23 and programs funded in part by the Secretary of Com24 merce pursuant to sections 25 and 26 of the Act of March

25 3, 1901 (15 U.S.C. 278k and 278l) and section 5121(b)
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1 of the Omnibus Trade and Competitiveness Act of 1988

2 (15 U.S.C. 278l note).

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

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

5 to the Secretary for research, development, demonstration

6 or commercial application activities, other than atomic en7 ergy defense programs, shall be available for partnerships

8 to the extent such partnerships are consistent with the

9 goals and objectives of such activities.

10 ‘‘(b) All of the funds authorized to be appropriated

11 to the Secretary for research, development, demonstration

12 or commercial application of dual-use technologies within

13 the Department’s atomic energy defense activities shall be

14 available for partnerships to the extent such partnerships

15 are consistent with the goals and objectives of such activi16 ties.

17 ‘‘(c) Funds authorized to be appropriated to the Sec18 retary and made available for departmental laboratory-di19 rected research and development shall be available for any

20 partnership.

21 ‘‘SEC. 1113. PROTECTION OF INFORMATION.

22 ‘‘Section 12(c)(7) of the Stevenson-Wydler Tech23 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)),

24 relating to the protection of information, shall apply to
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1 the partnership activities undertaken by the Secretary and

2 by the directors of the departmental laboratories.

3 ‘‘SEC. 1114. FAIRNESS OF OPPORTUNITY.

4 ‘‘(a) The Secretary and the director of each depart5 mental laboratory shall institute procedures to ensure that

6 information on laboratory capabilities and arrangements

7 for participating in partnerships with the Secretary or the

8 departmental laboratories is publicly disseminated.

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

10 Federal contribution in excess of $5,000,000, the Sec11 retary or director of a departmental laboratory shall en12 sure that the opportunity to participate in such partner13 ship has been publicly announced to potential participants.

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

15 a departmental laboratory believes a potential partnership

16 activity would benefit from broad participation from the

17 private sector, the Secretary or the director of such de18 partmental laboratory may take such steps as may be nec19 essary to facilitate formation of a United States industry

20 consortium to pursue the partnership activity.

21 ‘‘SEC. 1115. PRODUCT LIABILITY.

22 ‘‘The Secretary, after consultation with the Labora23 tory Partnership Advisory Board established in section

24 1109, and the Attorney General shall enter into a memo25 randum of understanding establishing a consistent policy
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1 and standards regarding the liability of the United States,

2 of the non-Federal entity operating a departmental labora3 tory and of any other party to a partnership for product

4 liability claims arising from partnership activities. The

5 Secretary and the director of each departmental labora6 tory shall, to the maximum extent practicable, incorporate

7 into any partnership the policy and standards established

8 in the memorandum of understanding.

9 ‘‘SEC. 1116. INTELLECTUAL PROPERTY.

10 ‘‘The Secretary shall, after consultation with the

11 Laboratory Partnership Advisory Board established in

12 section 1109, develop guidelines governing the application

13 of intellectual property laws by the Secretary and by the

14 director of each departmental laboratory in partnership

15 arrangements.

16 ‘‘SEC. 1117. SMALL BUSINESS.

17 ‘‘(a) The Secretary shall develop simplified proce18 dures and guidelines for partnerships involving small busi19 nesses to facilitate access to the resources and capabilities

20 of the departmental laboratories.

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

22 may waive, in whole or in part, any cost-sharing require23 ment for a small business involved in a partnership if the

24 Secretary determines that the cost-sharing requirement
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1 would impose an undue hardship on the small business

2 and would prevent the formation of the partnership.

3 ‘‘(c) Notwithstanding Section 12(d) of the Stevenson4 Wydler Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)),

5 the Secretary may provide funds as part of a cooperative

6 research and development agreement to a small business

7 if the Secretary determines that the funds are necessary

8 to prevent imposing an undue hardship on the small busi9 ness and necessary for the formation of the cooperative

10 research and development agreement.

11 ‘‘SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.

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

13 title, and annually thereafter, the Secretary shall submit

14 to the Committee on Energy and Natural Resources of

15 the United States Senate and to the United States House

16 of Representatives a report identifying opportunities for

17 minority colleges and universities to participate in pro18 grams and activities being carried out by the Department

19 or the departmental laboratories. The Secretary shall con20 sult with representatives of minority colleges and univer21 sities in preparing the report. Such report shall—

22 ‘‘(a) describe ongoing education and training

23 programs being carried out by the Department or

24 the departmental laboratories with respect to or in
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1 conjunction with minority colleges and universities in

2 the areas of mathematics, science, and engineering;

3 ‘‘(b) describe ongoing research, development

4 demonstration or commercial application activities

5 involving the Department or the departmental lab6 oratories and minority colleges and universities;

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

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

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

10 departmental laboratories to assist minority colleges

11 and universities in providing education and training

12 in the fields of mathematics, science, and engineer13 ing;

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

15 departmental laboratories to assist minority colleges

16 and universities in entering into partnerships;

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

18 the Department or the departmental laboratories in

19 providing to minority colleges and universities the

20 following:

21 ‘‘(1) increased research opportunities for

22 faculty and students;

23 ‘‘(2) assistance in faculty development and

24 recruitment and curriculum enhancement and

25 development; and
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1 ‘‘(3) laboratory instrumentation and equip2 ment, including computer equipment, through

3 purchase, loan, or other transfer;

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

5 the Department or departmental laboratories in pro6 viding funding and technical assistance for the devel7 opment of infrastructure facilities, including build8 ings and laboratory facilities at minority colleges

9 and universities; and

10 ‘‘(h) make specific proposals and recommenda11 tions, together with estimates of necessary funding

12 levels, for initiatives to be carried out by the Depart13 ment or the department laboratories to assist minor14 ity colleges and universities in providing education

15 and training in the areas of mathematics, science,

16 and engineering, and in entering into partnerships

17 with the Department or departmental laboratories.

18 ‘‘SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOL19 ARSHIP PROGRAM.

20 ‘‘The Secretary shall establish a scholarship program

21 for students attending minority colleges or universities

22 and pursuing a degree in energy-related scientific, mathe23 matical, engineering, and technical disciplines. The pro24 gram shall include tuition assistance. The program shall

25 provide an opportunity for the scholarship recipient to
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1 participate in an applied work experience in a depart2 mental laboratory. Recipients of such scholarships shall be

3 students deemed by the Secretary to have demonstrated

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

5 in the particular area of study. Scholarships awarded

6 under this program shall be known as Secretary of Energy

7 Scholarships.’’.

8 (b) CONFORMING AMENDMENT.—The table of con9 tents of the Department of Energy Organization Act (42

10 U.S.C. 7101 et. seq.) is amended by adding at the end

11 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.’’.
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1 SEC. 504. NATIONAL ADVANCED MANUFACTURING TECH2 NOLOGIES PROGRAM.

3 The Secretary is encouraged to use partnerships to

4 expedite the private sector deployment of advanced manu5 facturing technologies as required by section 2202(a) of

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

7 SEC. 505. NOT-FOR-PROFIT ORGANIZATIONS.

8 The Secretary shall encourage the establishment of

9 not-for-profit organizations, such as the Center for Ap10 plied Development of Environmental Technology

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

12 from the departmental laboratories to the private sector.

13 SEC. 506. CAREER PATH PROGRAM.

14 (a) The Secretary, utilizing authority under other ap15 plicable law and the authority of this section, shall estab16 lish a career path program to recruit employees of the na17 tional laboratories to serve in positions in the Department.

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

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

20 ‘‘(7) NATIONAL LABORATORIES.—(A) The re21 strictions contained in subsections (a), (b), (c), and

22 (d) shall not apply to an appearance or communica23 tion made, or advice or aid rendered by a person em24 ployed at a facility described in subparagraph (B),

25 if the appearance or communication is made on be-
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1 half of the facility or the advice or aid is provided

2 to the contractor of the facility.

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

4 Argonne National Laboratory, Brookhaven National

5 Laboratory, Idaho National Engineering Laboratory,

6 Lawrence Berkeley Laboratory, Lawrence Livermore

7 National Laboratory, Los Alamos National Labora8 tory, National Renewable Energy Laboratory, Oak

9 Ridge National Laboratory, Pacific Northwest Lab10 oratory, and Sandia National Laboratories.’’.

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

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

13 following new subsection:

14 ‘‘(q) NATIONAL LABORATORIES.—(1) The restric15 tions on obtaining a recusal contained in paragraphs

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

17 employment or business opportunity between a procure18 ment official and a competing contractor managing and

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

20 That such discussions concern the employment of the pro21 curement official at such facility.

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

23 shall not apply to activities performed on behalf of a facil24 ity described in paragraph (3).
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1 ‘‘(3) This subsection applies to the following: Ar2 gonne National Laboratory, Brookhaven National Labora3 tory, Idaho National Engineering Laboratory, Lawrence

4 Berkeley Laboratory, Lawrence Livermore National Lab5 oratory, Los Alamos National Laboratory, National Re6 newable Energy Laboratory, Oak Ridge National Labora7 tory, Pacific Northwest Laboratory, and Sandia National

8 Laboratories.’’.

9 SEC. 507. DOE MANAGEMENT.

10 (a) Section 202(a) of the Department of Energy Or11 ganization Act (42 U.S.C. 7132(a)) is amended by strik12 ing ‘‘Under Secretary’’ and inserting in its place ‘‘Under

13 Secretaries’’.

14 (b) Section 202(b) of the Department of Energy Or15 ganization Act (42 U.S.C. 7132(b)) is amended to read

16 as follows—

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

18 Secretaries and a General Counsel, who shall be appointed

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

20 the Senate, and who shall perform functions and duties

21 the Secretary prescribes. The Under Secretaries shall be

22 compensated at the rate for level III of the Executive

23 Schedule under section 5314 of title 5, United States

24 Code, and the General Counsel shall be compensated at
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1 the rate provided for level IV of the Executive Schedule

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

3 SEC. 508. AMENDMENTS TO STEVENSON-WYDLER TECH4 NOLOGY INNOVATION ACT.

5 (a) Section 12(a) of the Stevenson-Wydler Tech6 nology Innovation Act of 1980 (15 U.S.C. 3710a(a)) is

7 amended by striking ‘‘, to the extent provided in any agen8 cy-approved joint work statement,’’.

9 (b) Section 12(b) of the Stevenson-Wydler Tech10 nology Innovation Act of 1980 (15 U.S.C. 3710a(b)) is

11 amended by striking ‘‘, to the extent provided in any agen12 cy-approved joint work statement,’’.

13 (c) Section 12(c)(5) of the Stevenson-Wydler Tech14 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5))

15 is amended—

16 (1) by amending subparagraph (C)(i) to read as

17 follows:

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

19 with a non-Federal entity to operate a labora20 tory shall review and approve, request specified

21 modifications to, or disapprove a cooperative re22 search and development agreement that is sub23 mitted by the director of such laboratory within

24 thirty days after such submission. If an agency

25 has requested specific modifications to a cooper-
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1 ative research and development agreement, the

2 agency shall approve or disapprove any resub3 mission of such cooperative research and devel4 opment agreement within fifteen days after

5 such resubmission. Except as provided in sub6 paragraph (D), no agreement may be entered

7 into by a Government-owned, contractor-oper8 ated laboratory under this section before ap9 proval of the cooperative research and develop10 ment agreement.’’;

11 (2) by amending subparagraph (C)(ii) to read

12 as follows:

13 ‘‘(ii) If an agency that has contracted with

14 a non-Federal entity to operate a laboratory

15 disapproves or requests the modification of a

16 cooperative research and development agree17 ment submitted under clause (i), the agency

18 shall promptly transmit a written explanation of

19 such disapproval or modification to the director

20 of the laboratory concerned.’’;

21 (3) by amending subparagraph (C)(iii) to read

22 as follows:

23 ‘‘(iii) Any agency that has contracted with

24 a non-Federal entity to operate a laboratory

25 shall develop and provide to such laboratory a
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1 model cooperative research and development

2 agreement, and guidelines for using such an

3 agreement, for the purposes of standardizing

4 practices and procedures, resolving common

5 legal issues, and enabling negotiation and re6 view of a cooperative research and development

7 agreement to be carried out in a routine and

8 prompt manner.’’;

9 (4) by striking subparagraph (C)(iv);

10 (5) by amending subparagraph (C)(v) to read

11 as follows:

12 ‘‘(iv) If an agency fails to complete a re13 view under clause (i) within any of the specified

14 time-periods, the agency shall submit to the

15 Congress, within 10 days after the failure to

16 complete the review, a report on the reasons for

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

18 each successive 15-day period thereafter during

19 which such failure continues, submit to Con20 gress another report on the reasons for the con21 tinued failure.’’;

22 (6) by striking subparagraph (c)(vi); and

23 (7) by amending subparagraph (D) to read as

24 follows:
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1 ‘‘(D)(i) Any agency that has contracted

2 with a non-Federal entity to operate a labora3 tory may permit the director of a laboratory to

4 enter into a cooperative research and develop5 ment agreement without the submission, review,

6 and approval of the agreement under subpara7 graph (C)(i) if: the Federal share under the

8 agreement does not exceed $500,000 per year,

9 or any amount the head of the agency may pre10 scribe; the text of the cooperative research and

11 development agreement is consistent with a

12 model agreement under subparagraph (C)(iii);

13 the agreement is entered into in accord with the

14 agency’s guidelines under paragraph (C)(iii);

15 and the agreement is consistent with and fur16 thers an assigned laboratory mission.

17 ‘‘(ii) The director of a laboratory shall no18 tify the head of the agency of the purpose and

19 scope of an agreement entered into under this

20 subparagraph. The agency shall include in its

21 annual report required by section 11(f) of this

22 Act (15 U.S.C. 3710(f)) an assessment of the

23 implementation of this subparagraph including

24 a summary of agreements entered into by lab25 oratory directors under this subparagraph.’’.
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1 (d) Section 12(d) of the Stevenson-Wydler Tech2 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)) is

3 amended—

4 (1) in paragraph (1) by inserting ‘‘and’’ after

5 the second semicolon;

6 (2) in paragraph (2)—

7 (A) by striking ‘‘substantial’’ before ‘‘pur8 pose’’ in subparagraph (B);

9 (B) by striking ‘‘the primary purpose’’ and

10 inserting ‘‘one of the purposes’’ in subpara11 graph (C); and

12 (C) by striking ‘‘; and’’ the second time it

13 appears and inserting a period; and

14 (3) by striking paragraph (3).

15 SEC. 509. GUIDELINES.

16 The implementation of the provisions of this Act shall

17 not be delayed pending the issuance of guidelines, policies

18 or standards required by sections 1105, 1115 and 1116

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

20 7101 et. seq.) as added by section 3 of this Act.

21 SEC. 510. AUTHORIZATION.

22 (a) In addition to funds made available for partner23 ships under section 1112 of the Department of Energy

24 Organization Act (42 U.S.C. 7101 et. seq.) as added by
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1 section 3 of this Act, there is authorized to be appro2 priated from funds otherwise available to the Secretary:

3 (1) for partnership activities with industry in

4 areas other than atomic energy defense activities

5 $100,000,000 for fiscal year 1994, $140,000,000 for

6 fiscal year 1995, $180,000,000 for fiscal year 1996

7 and 220,000,000 for fiscal year 1997; and

8 (2) for partnership activities with industry in9 volving dual-use technologies within the Depart10 ment’s atomic energy defense activities

11 $240,000,000 for fiscal year 1994, $290,000,000 for

12 fiscal year 1995, $350,000,000 for fiscal year 1996

13 and $400,000,000 for fiscal year 1997.

14 (b) There is authorized to be appropriated to the Sec15 retary for the Minority College and University Scholarship

16 Program established in section 1119 of the Department

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

18 added by section 3 of this Act $1,000,000 for fiscal year

19 1994, $2,000,000 for fiscal year 1995 and $3,000,000 for

20 fiscal year 1996.

21 (c) There is authorized to be appropriated to the Sec22 retary for research or educational programs, carried out

23 through partnerships or otherwise, and for related facili-
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1 ties and equipment that involve minority colleges or uni2 versities such sums as may be necessary.

Passed the Senate September 30 (legislative day,

September 12), 1994.

Attest:

Secretary.
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