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services by such governments at military installations to
be closed under this title if the Secretary determines that
the provision of such services under such contracts is in the
best interests of the Department of Defense. The Secretary
may exercise the authority provided under this paragraph
without regard to the provisions of chapter 146 of title 10,
United States Code.’’.
SEC. 2917. CLARIFICATION OF UTILIZATION OF FUNDS FOR
COMMUNITY 
ECONOMIC 
ADJUSTMENT 
AS-
SISTANCE.
(a) UTILIZATION OF FUNDS.—Subject to subsection
(b), funds made available to the Economic Development Ad-
ministration for economic adjustment assistance under sec-
tion 4305 of the National Defense Authorization Act for Fis-
cal Year 1993 (Public Law 102–484; 106 Stat. 2700) may
by utilized by the administration for administrative activi-
ties in support of the provision of such assistance.
(b) LIMITATION.—Not more than three percent of the
funds referred to in subsection (a) may be utilized by the
administration for the administrative activities referred to
in such subsection.
SEC. 2918. DEFINITIONS.
(a) BASE CLOSURE COMMUNITIES ACT.—In this title:
(1) The term ‘‘base closure law’’ means the fol-
lowing:
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(A) The provisions of title II of the Defense
Authorization Amendments and Base Closure
and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note).
(B) The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
(2) The term ‘‘reutilization and redevelopment
plan’’, in the case of an installation to be closed
under a base closure law, means a plan that—
(A) is agreed to by the local redevelopment
authority concerned or other entity recognized by
the Secretary of Defense as the authority to di-
rect the reutilization and redevelopment of the
installation; and
(B) provides for the reuse of the real prop-
erty and related personal property of the instal-
lation that is available as a result of the closure
of the installation.
(3) The term ‘‘date of approval’’, with respect to
a closure or realignment of an installation, means the
date on which the authority of Congress to disapprove
a recommendation of closure or realignment, as the
case may be, of such installation under the applicable
base closure law expires.
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(b) BASE CLOSURE ACT 1990.—Section 2910 of the
Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note) is amended by adding at the end the following new
paragraph:
‘‘(8) The term ‘date of approval of closure’, with
respect to a closure or realignment of an installation,
means the date on which the authority of Congress to
disapprove a recommendation of closure or realign-
ment, as the case may be, of such installation under
this part expires.’’.
SEC. 2919. AUTHORITY TO CONTRACT FOR CERTAIN SERV-
ICES AT INSTALLATIONS BEING CLOSED OR
REALIGNED.
(a) SECTION NOT TO TAKE EFFECT.—Section 2916
shall not take effect.
(b) BASE CLOSURES UNDER 1988 ACT.—Section
204(b) of the Defense Authorization Amendments and Base
Closure and Realignment Act (title II of Public Law 100–
526; 10 U.S.C. 2687 note) is amended by adding at the
end the following:
‘‘(5)(A) Subject to subparagraph (C), the Secretary
may contract with local governments for the provision of
police services, fire protection services, airfield operation
services, or other community services by such governments
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at military installations to be closed under this title if the
Secretary determines that the provision of such services
under such contracts is in the best interests of the Depart-
ment of Defense.
‘‘(B) The Secretary may exercise the authority pro-
vided under this paragraph without regard to the provi-
sions of chapter 146 of title 10, United States Code.
‘‘(C) The Secretary may not exercise the authority
under subparagraph (A) with respect to a military installa-
tion earlier than 180 days before the date on which the in-
stallation is to be closed.
‘‘(D) The Secretary shall include in a contract for serv-
ices entered into with a local government under this sub-
section a clause that requires the use of professionals to fur-
nish the services to the extent that professionals are avail-
able in the area under the jurisdiction of such government.’’.
(c) BASE CLOSURES UNDER 1990 ACT.—Section
2905(b) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is amended by adding at the end the fol-
lowing:
‘‘(4)(A) Subject to subparagraph (C), the Secretary
may contract with local governments for the provision of
police services, fire protection services, airfield operation
services, or other community services by such governments
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at military installations to be closed under this part if the
Secretary determines that the provision of such services
under such contracts is in the best interests of the Depart-
ment of Defense.
‘‘(B) The Secretary may exercise the authority pro-
vided under this paragraph without regard to the provi-
sions of chapter 146 of title 10, United States Code.
‘‘(C) The Secretary may not exercise the authority
under subparagraph (A) with respect to a military installa-
tion earlier than 180 days before the date on which the in-
stallation is to be closed.
‘‘(D) The Secretary shall include in a contract for serv-
ices entered into with a local government under this sub-
section a clause that requires the use of professionals to fur-
nish the services to the extent that professionals are avail-
able in the area under the jurisdiction of such government.’’.
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DIVISION 
C—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) OPERATING EXPENSES.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for operating expenses incurred in carrying
out weapons activities necessary for national security pro-
grams in the amount $3,735,571,000, to be allocated as fol-
lows:
(1) 
For 
research 
and 
development,
$1,152,325,000.
(2) For weapons testing, $375,000,000.
(3) For stockpile support, $1,792,280,000.
(4) For program direction, $277,466,000.
(5) For complex reconfiguration, $138,500,000.
(b) PLANT PROJECTS.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1994 for plant projects (including maintenance, res-
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the sum of the amounts specified in subsections (a) through
(c) reduced by $393,641,000.
SEC. 3102. NEW TRITIUM PRODUCTION AND PLUTONIUM
DISPOSITION ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1994 for expenses in-
curred in carrying out new tritium production activities
and plutonium disposition activities necessary for national
security programs in the amount of $83,000,000, offset by
$43,000,000 in prior year funds.
SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) OPERATING EXPENSES.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for operating expenses incurred in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $4,782,213,000, to be allocated as follows:
(1) For corrective activities, $2,170,000.
(2) 
For 
environmental 
restoration,
$1,536,027,000.
(3) For waste management, $2,275,441,000.
(4) For technology development, $361,150,000.
(5) 
For 
transportation 
management,
$19,730,000.
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(6) For program direction, $82,427,000.
(7) For facility transition, $545,268,000.
(b) PLANT PROJECTS.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1994 for plant projects (including maintenance, res-
toration, planning, construction, acquisition, modification
of facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto) to carry
out environmental restoration and waste management ac-
tivities necessary for national security programs as follows:
Project GPD–171, general plant projects, various
locations, $49,015,000.
Project 94–D–122, underground storage tanks,
Rocky Flats Plant, Golden, Colorado, $700,000.
Project 94–D–400, high explosive wastewater
treatment, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $1,000,000.
Project 94–D–401, emergency response facility,
Idaho National Engineering Laboratory, Idaho,
$600,000.
Project 94–D–402, liquid waste treatment sys-
tem, Nevada Test Site, $491,000.
Project 94–D–404, Melton Valley storage tanks
capacity increase, Oak Ridge National Laboratory,
Oak Ridge, Tennessee, $9,400,000.
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Project 94–D–405, Central neutralization facil-
ity pipeline extension project, Oak Ridge K–25 Plant,
Oak Ridge, Tennessee, $1,714,000.
Project 94–D–406, low-level waste disposal facil-
ity, Oak Ridge K–25 Plant, Oak Ridge, Tennessee,
$6,000,000.
Project 94–D–407, initial tank retrieval systems,
Richland, Washington, $7,000,000.
Project 94–D–408, 200 east office facility, Rich-
land, Washington, $1,200,000.
Project 94–D–411, solid waste operations com-
plex project, Richland, Washington, $7,100,000.
Project 94–D–412, 300 area process sewer piping
system upgrade, Richland, Washington, $1,100,000.
Project 94–D–414, site 300 explosive waste stor-
age facility, Lawrence Livermore National Labora-
tory, Livermore, California, $370,000.
Project 94–D–415, medical facilities, Idaho Na-
tional Engineering Laboratory, Idaho, $1,100,000.
Project 94–D–416, Solvent Storage Tanks instal-
lation, Savannah River Site, South Carolina,
$1,500,000.
Project 94–D–417, intermediate level and low ac-
tivity waste vaults, Savannah River Site, South
Carolina, $1,000,000.
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Project 94–D–451, infrastructure replacement
Rocky Flats Plant, Golden, Colorado, $6,600,000.
Project 93–D–172, electrical upgrade, Idaho Na-
tional Engineering Laboratory, Idaho, $9,600,000.
Project 93–D–174, plant drain waste water
treatment upgrades, Y–12 Plant, Oak Ridge, Ten-
nessee, $3,500,000.
Project 93–D–175, industrial waste compaction
facility, 
Y–12 
Plant, 
Oak 
Ridge, 
Tennessee,
$1,800,000.
Project 93–D–176, Oak Ridge reservation storage
facility, 
K–25 
Plant, 
Oak 
Ridge, 
Tennessee,
$6,039,000.
Project 93–D–177, disposal of K–1515 sanitary
water treatment plant waste, K–125 Plant, Oak
Ridge, Tennessee, $7,100,000.
Project 93–D–178, building 374 liquid waste
treatment facility, Rocky Flats Plant, Golden, Colo-
rado, $1,000,000.
Project 93–D–181, radioactive liquid waste line
replacement, Richland, Washington, $6,000,000.
Project 93–D–182, replacement of cross-site
transfer system, Richland, Washington, $6,500,000.
Project 93–D–183, multi-function waste remedi-
ation facility, Richland, Washington, $25,660,000.
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Project 93–D–184, 325 facility compliance/ren-
ovation, Richland, Washington, $3,500,000.
Project 93–D–185, landlord program safety com-
pliance, Phase II, Richland, Washington, $1,351,000.
Project 93–D–187, high-level waste removal from
filled waste tanks, Savannah River, South Carolina,
$13,230,000.
Project 93–D–188, new sanitary landfill, Savan-
nah River, South Carolina, $1,020,000.
Project 92–D–125, master safeguards and secu-
rity agreement/material surveillance task force secu-
rity upgrades, Rocky Flats Plant, Golden, Colorado,
$3,900,000.
Project 92–D–172, hazardous waste treatment
and processing facility, Pantex Plant, Amarillo,
Texas, $300,000.
Project 92–D–173, nitrogen oxide abatement fa-
cility, Idaho Chemical Processing Plant, Idaho Na-
tional Engineering Laboratory, Idaho, $10,000,000.
Project 92–D–177, tank 101–AZ waste retrieval
system, Richland, Washington, $7,000,000.
Project 92–D–181, fire and life safety improve-
ments, Idaho National Engineering Laboratory,
Idaho, $5,000,000.
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Project 92–D–182, sewer system upgrade, Idaho
National Engineering Laboratory, Idaho, $1,450,000.
Project 
92–D–183, 
transportation 
complex,
Idaho National Engineering Laboratory, Idaho,
$7,198,000.
Project 92–D–184, Hanford infrastructure un-
derground storage tanks, Richland, Washington,
$300,000.
Project 92–D–186, steam system rehabilitation,
Phase II, Richland, Washington, $4,300,000.
Project 92–D–187, 300 area electrical distribu-
tion, conversion, and safety improvements, Phase II,
Richland, Washington, $10,276,000.
Project 92–D–188, waste management ES&H,
and 
compliance 
activities, 
various 
locations,
$8,568,000.
Project 92–D–403, tank upgrade project, Law-
rence Livermore National Laboratory, California,
$3,888,000.
Project 91–D–171, waste receiving and process-
ing facility, module 1, Richland, Washington,
$17,700,000.
Project 91–D–175, 300 area electrical distribu-
tion, conversion, and safety improvements, Phase I,
Richland, Washington, $1,500,000.
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Project 90–D–172, aging waste transfer lines,
Richland, Washington, $5,000,000.
Project 90–D–175, landlord program safety com-
pliance-I, Richland, Washington, $1,800,000.
Project 90–D–177, RWMC transuranic (TRU)
waste characterization and storage facility, Idaho Na-
tional Engineering Laboratory, Idaho, $21,700,000.
Project 89–D–172, Hanford environmental com-
pliance, Richland, Washington, $11,700,000.
Project 89–D–173, tank farm ventilation up-
grade, Richland, Washington, $1,000,000.
Project 89–D–174, replacement high-level waste
evaporator, 
Savannah 
River, 
South 
Carolina,
$23,974,000.
Project 89–D–175, hazardous waste/mixed waste
disposal facility, Savannah River, South Carolina,
$7,000,000.
Project 87–D–181, diversion box and pump pit
containment buildings, Savannah River, South Caro-
lina, $2,137,000.
Project 86–D–103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, California, $10,260,000.
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Project 83–D–148, nonradioactive hazardous
waste management, Savannah River, South Carolina,
$9,769,000.
Project 81–T–105, defense waste processing facil-
ity, Savannah River, South Carolina, $43,873,000.
(c) CAPITAL EQUIPMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for capital equipment not related to con-
struction in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $203,826,000, to be allocated
as follows:
(1) For corrective activities, $600,000.
(2) For waste management, $138,781,000.
(3) For technology development, $29,850,000.
(4) For transportation management, $400,000.
(5) For program direction, $9,469,000.
(6) For facility transition, $24,726,000
(d) USE OF FUNDS.—From funds authorized to be ap-
propriated pursuant to subsection (a) to the Department
of Energy for environmental restoration and waste manage-
ment activities, the Secretary of Energy may reimburse the
cities 
of 
Westminster, 
Broomfield, 
Thornton, 
and
Northglenn, in the State of Colorado, $21,415,000 for the
cost of implementing water management programs. Reim-
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bursements for the water management programs shall not
be considered a major Federal action for purposes of 102(2)
of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)).
(e) 
GENERAL
REDUCTION
IN
OPERATING
EX-
PENSES.—The amount authorized to be appropriated for
operating expenses pursuant to subsection (a) is the amount
specified in that subsection reduced by $40,000,000.
(f) PRIOR YEAR BALANCES.—The total amount au-
thorized to be appropriated pursuant to this section is the
sum of the amounts specified in subsections (a), (b), and
(c) reduced by $86,600,000. In determining the amount au-
thorized to be appropriated pursuant to subsection (a) for
the purposes of this subsection, subsection (e) shall be taken
into account.
SEC. 3104. MATERIALS SUPPORT AND OTHER DEFENSE
PROGRAMS.
(a) OPERATING EXPENSES.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for operating expenses incurred in carrying
out nuclear materials production and other defense pro-
grams necessary for national security programs in the
amount of $2,171,039,000, to be allocated as follows:
(1) For materials support, $853,966,000.
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(2) For verification and control technology,
$341,941,000.
(3) 
For 
nuclear 
safeguards 
and 
security,
$86,246,000.
(4) For security investigations, $53,335,000.
(5) For security evaluations, $14,961,000.
(6) For nuclear safety, $24,859,000.
(7) For worker training and adjustment,
$100,000,000.
(8) For naval reactors, $695,731,000.
(b) PLANT PROJECTS.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1994 for plant projects (including maintenance, res-
toration, planning, construction, acquisition, modification
of facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto) in carry-
ing out nuclear materials production and other defense pro-
grams necessary for national security programs as follows:
(1) For materials production:
Project GPD–146, general plant projects,
various locations, $31,760,000.
Project 93–D–147, domestic water system
upgrade, Phase I, Savannah River, South Caro-
lina, $7,720,000.
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Project 93–D–148, replace high-level drain
lines, 
Savannah 
River, 
South 
Carolina,
$1,800,000.
Project 93–D–152, environmental modifica-
tion for production facilities, Savannah River,
South Carolina, $20,000,000.
Project 92–D–140, F&H canyon exhaust
upgrades, Savannah River, South Carolina,
$15,000,000.
Project 92–D–142, nuclear material process-
ing training center, Savannah River, South
Carolina, $8,900,000.
Project 92–D–143, health protection instru-
ment calibration facility, Savannah River,
South Carolina, $9,600,000.
Project 92–D–150, operations support fa-
cilities, 
Savannah 
River, 
South 
Carolina,
$26,900,000.
Project 92–D–153, engineering support fa-
cility, 
Savannah 
River, 
South 
Carolina,
$9,500,000.
Project 90–D–149, plantwide fire protec-
tion, Phases I and II, Savannah River, South
Carolina, $25,950,000.
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Project 86–D–149, productivity retention
program, Phases I, II, III, IV, V, and VI, var-
ious locations, $3,700,000.
(2) For verification and control technology:
Project 90–D–186, center for national secu-
rity and arms control, Sandia National Labora-
tories, Albuquerque, New Mexico, $8,515,000.
(3) For naval reactors development:
Project GPN–101, general plant projects,
various locations, $7,500,000.
Project 93–D–200, engineering services fa-
cilities, 
Knolls 
Atomic 
Power 
Laboratory,
Niskayuna, New York, $7,000,000.
Project 92–D–200, laboratories facilities up-
grades, various locations, $2,800,000.
Project 90–N–102, expended core facility
dry cell project, Naval Reactors Facility, Idaho,
$7,800,000.
(c) CAPITAL EQUIPMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for capital equipment not related to con-
struction in carrying out nuclear materials production and
other defense programs necessary for national security pro-
grams as follows:
(1) For material support, $75,209,000.
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(2) For verification and control technology,
$15,573,000.
(3) For 
nuclear 
safeguards 
and 
security,
$4,101,000.
(4) For nuclear safety, $50,000.
(5) For naval reactors development, $46,900,000.
(d) ADJUSTMENTS.—The total amount that may be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (c) reduced by
$393,132,000 for anticipated savings.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1994 for payment to
the Nuclear Waste Fund, $120,000,000.
SEC. 3106. FUNDING USES AND LIMITATIONS.
(a) NATIONAL SECURITY PROGRAMS.—Notwithstand-
ing any other provision of law, not more than 90 percent
of the funds appropriated to the Department of Energy for
national security programs under this title may be obli-
gated for such programs until the Secretary of Energy sub-
mits to the congressional defense committees the five-year
budget plan with respect to fiscal year 1994 required under
section 3144 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 103
Stat. 1681; 42 U.S.C. 7271b).
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(b) INERTIAL CONFINEMENT FUSION.—Of the funds
authorized to be appropriated to the Department of Energy
for fiscal year 1994 for operating expenses and capital
equipment, $188,413,000 shall be available for the defense
inertial confinement fusion program.
(c) FIRE PROTECTION AND COOLING OR REFRIGERA-
TION SYSTEMS.—None of the funds appropriated or other-
wise made available to the Department of Energy for fiscal
year 1994 may be obligated for the design, purchase, or in-
stallation of any fire protection system or cooling or refrig-
eration system that utilizes class I substances (as listed
under section 602(a) of the Clean Air Act (42 U.S.C.
7671a(a)) unless the Secretary of Energy determines that
an alternative system meeting the operational requirements
of the Department of Energy is not commercially available
or is not cost-effective when analyzed under a life-cycle cost
analysis.
(d) NEW TRITIUM PRODUCTION ACTIVITIES AND PLU-
TONIUM DISPOSITION ACTIVITIES.—Funds authorized to be
appropriated for fiscal year 1994 or otherwise made avail-
able to the Secretary of Energy for such fiscal year for new
tritium production activities and plutonium disposition ac-
tivities shall be available only for the following purposes
and in the following amounts:
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(1) For evaluation of an advanced light water
reactor and a modular high temperature gas reactor
to determine the feasibility and effectiveness of dispos-
ing of plutonium, production of tritium (if needed),
and production of electricity, $40,000,000.
(2) For evaluation of accelerator technology to
determine the feasibility and effectiveness of disposing
of plutonium, production of tritium (if needed), and
production of electricity, $18,000,000.
(3) For evaluation of an advance liquid metal
reactor to determine the feasibility and effectiveness of
disposing of plutonium, production of tritium (if
needed), and production of electricity, $25,000,000.
(e) EXPENDED CORE FACILITY DRY CELL.—None of
the funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1994 may be obligated
for project 90–N–102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, until shipment of spent
naval nuclear fuel from United States naval surface ships
and submarines to the Idaho Engineering Laboratory,
Idaho, is resumed.
(f) NUCLEAR WEAPONS TESTING.—(1) Funds author-
ized to be appropriated under section 3101(a)(2) for the De-
partment of Energy for fiscal year 1994 for weapons testing
and funds otherwise made available to the department for
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HR 2401 EAS
that fiscal year for that purpose shall be available only for
the following purposes and in the following amounts:
(A) For infrastructure maintenance at the Ne-
vada Test Site, $131,250,000.
(B) For maintaining the technical capability to
resume testing at the Nevada Test Site, $109,375,000.
(C) For activities, including research and devel-
opment, of Department of Energy laboratories in de-
termining means of nuclear weapons testing as alter-
natives to underground nuclear weapons testing,
$134,375,000.
(2) The Secretary of Energy may not obligate an ag-
gregate amount in excess of $180,000,000 for the purposes
described in subparagraphs (B) and (C) of paragraph (1)
until the Secretary submits to the congressional defense
committees a detailed plan for carrying out the activities
described in subparagraphs (B) and (C) of that paragraph.
(3) Each year at the time of the President’s submission
of a a budget under section 1105 of title 31, United States
Code, the President shall submit a report covering the most
recently completed calendar year setting forth—
(A) Whether the Stockpile Surveillance Program
of the Department of Energy, and the calculations
and experiments performed by Sandia National Lab-
oratories, Lawrence Livermore National Laboratory,
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HR 2401 EAS
or Los Alamos National Laboratory have raised any
concerns with regard to the safety, security, effective-
ness, or reliability or existing United States nuclear
weapons; and
(B) If such concerns have been raised, the Presi-
dent’s evaluation of each concern and report on what
actions are being or will be taken to address it.
(g) VERIFICATION CONTROL TECHNOLOGY.—Of the
funds authorized to be appropriated to the Department of
Energy for fiscal year 1994 for operating expenses and cap-
ital equipment for activities relating to verification and
control technology, not more than $334,441,000 may be ob-
ligated until the Secretary of Defense submits the report re-
quired by section 1104.
(h) SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR
ENVIRONMENTAL AND WASTE MANAGEMENT.—Of the funds
authorized to be appropriated to the Department of Energy
for fiscal year 1994 for environmental restoration and
waste management, $1,000,000 shall be available for the
Scholarship and Fellowship Program for Environmental
Restoration and Waste Management carried out under sec-
tion 3132 of the National Defense Authorization Act for Fis-
cal Years 1992 and 1993 (Public Law 102–190; 42 U.S.C.
7274e).
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(i) HANFORD HEALTH INFORMATION NETWORK.—Of
the funds authorized to be appropriated to the Department
of Energy for fiscal year 1994 under section 3101(a),
$1,750,000 shall be available for activities relating to the
Hanford health information network established pursuant
to the authority set forth in section 3138 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 104 Stat. 1834).
(j) PROTECTION OF NUCLEAR WEAPONS FACILITIES
WORKERS.—Of the funds authorized to be appropriated to
the Department of Energy for fiscal year 1994 for environ-
mental restoration and waste management, $10,000,000
shall be available for activities relating to worker protection
at nuclear weapons facilities.
(k) MERGER OF CERTAIN FUNDS WITH FUNDS APPRO-
PRIATED
FOR NEW PRODUCTION REACTORS.—Notwith-
standing any other provision of law, of the funds made
available to the Department of Energy for new production
reactor activities before the date of the enactment of this
Act, $43,000,000 shall be merged with the funds authorized
to be appropriated for new tritium production and pluto-
nium disposition under section 3102 and shall be available
for the same purposes and the same period as the funds
with which merged.
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(l) TECHNOLOGY TRANSFER AND ECONOMIC DEVELOP-
MENT.—None of the funds appropriated to the Department
of Energy for fiscal year 1994 pursuant to the authorization
of appropriations in section 3103, or otherwise made avail-
able to the department for environmental restoration and
waste management activities for such fiscal year, may be
obligated to foster technology transfer to and economic de-
velopment activities in the Southeastern United States until
30 days after the date on which the Secretary of Energy
submits to the congressional defense committees a report
containing a plan for the expenditure of funds in a manner
that ensures an equitable expenditure of funds for such pur-
poses throughout the Southeastern United States.
Subtitle B—Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) NOTICE TO CONGRESS.—(1) Except as otherwise
provided in this title—
(A) no amount appropriated pursuant to this
title may be used for any program in excess of the
lesser of—
(i) 105 percent of the amount authorized for
that program by this title; or
(ii) $10,000,000 more than the amount au-
thorized for that program by this title; and
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(B) no amount appropriated pursuant to this
title may be used for any program which has not been
presented to, or requested of, the Congress.
(2) An action described in paragraph (1) may not be
taken until—
(A) the Secretary of Energy has submitted to the
congressional defense committees a report containing
a full and complete statement of the action proposed
to be taken and the facts and circumstances relied
upon in support of such proposed action; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 calendar days to a day certain.
(b) LIMITATION ON AMOUNT OBLIGATED.—In no event
may the total amount of funds obligated pursuant to this
title exceed the total amount authorized to be appropriated
by this title.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may carry
out any construction project under the general plant
projects provisions authorized by this title if the total esti-
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mated cost of the construction project does not exceed
$2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized by
this title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense com-
mittees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever the
current estimated cost of the construction project, which is
authorized by sections 3101, 3102, 3103, and 3104, or
which is in support of national security programs of the
Department of Energy and was authorized by any previous
Act, exceeds by more than 25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget justifica-
tion data submitted to Congress.
(2) An action described in paragraph (1) may be taken
if—
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(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the ac-
tions and the circumstances making such actions nec-
essary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 calendar days to a day certain.
(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated cost
of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
Funds appropriated pursuant to this title may be
transferred to other agencies of the Federal Government for
the performance of the work for which the funds were appro-
priated, and funds so transferred may be merged with the
appropriations of the agency to which the funds are trans-
ferred.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.
(a) IN GENERAL.—(1) Within the amounts authorized
by this title for plant engineering and design, the Secretary
of Energy may carry out advance planning and construc-
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tion design (including architectural and engineering serv-
ices) in connection with any proposed construction project
if the total estimated cost for such planning and design does
not exceed $2,000,000.
(2) In the case of any project in which the total esti-
mated cost for advance planning and design exceeds
$300,000, the Secretary shall notify the congressional de-
fense committees in writing of the details of such project
at least 30 days before any funds are obligated for design
services for such project.
(b) SPECIFIC AUTHORITY REQUIRED.—In any case in
which the total estimated cost for advance planning and
construction design in connection with any construction
project exceeds $2,000,000, funds for such planning and de-
sign must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy, including
those funds authorized to be appropriated for advance plan-
ning and construction design under sections 3101, 3102,
3103, 3104, to perform planning, design, and construction
activities for any Department of Energy defense activity
construction project that, as determined by the Secretary,
must proceed expeditiously in order to protect public health
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and safety, meet the needs of national defense, or protect
property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any construc-
tion project until the Secretary has submitted to the con-
gressional defense committees a report on the activities that
the Secretary intends to carry out under this section and
the circumstances making such activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section
3125(b) does not apply to emergency planning, design, and
construction activities conducted under this section.
(d) REPORT.—The Secretary of Energy shall promptly
report to the congressional defense committees any exercise
of authority under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in con-
nection with all national security programs of the Depart-
ment of Energy.
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SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operating expenses, plant projects, and
capital equipment may remain available until expended.
Subtitle C—Other Matters
SEC. 3131. USE OF FUNDS FOR PAYMENT OF PENALTY AS-
SESSED AGAINST HANFORD PROJECT.
The Secretary of Energy may pay to the Hazardous
Substances Response Trust, from funds appropriated to the
Department of Energy for environmental restoration and
waste management activities pursuant to section 3103, a
stipulated civil penalty in the amount of $100,000 assessed
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Hanford Consent Agreement and Compliance
Order for Department of Energy Hanford.
SEC. 3132. OFFICE OF TRITIUM PRODUCTION AND PLUTO-
NIUM DISPOSITION.
(a) ESTABLISHMENT.—There is hereby established in
the Office of the Assistant Secretary of Energy for Defense
Programs an Office of Tritium Production and Plutonium
Disposition.
(b) RESPONSIBILITIES.—The responsibilities of the of-
fice shall include the following:
(1) Activities relating to the development, design,
and construction (including research in support
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thereof) of a tritium production facility in order to
ensure that a tritium production facility replacing
existing tritium production facilities of the Depart-
ment of Energy and capable of meeting the antici-
pated need of the Department of Defense for tritium
is in operation no later than December 31, 2011.
(2) Carrying out the evaluation of an advanced
light water reactor and a high temperature gas reac-
tor referred to in section 3105(d)(2) of the National
Defense Authorization Act for Fiscal Year 1993 (Pub-
lic Law 102–484; 106 Stat. 2636).
(3) Activities relating to the design, development,
and construction (including research in support
thereof) of the reactors referred to in paragraph (2).
(4) Research and development activities relating
to design, development, and construction by the De-
partment of Energy of an advanced metal reactor
that utilizes an actinide recycling process and that is
capable of burning plutonium, producing tritium,
and producing electricity.
(5) Research and development activities relating
to the design, development, and construction by the
Department of Energy of an accelerator technology
that is capable of burning plutonium, producing trit-
ium, and producing electricity.
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(6) Activities relating to the design, development,
and construction (including research in support
thereof) of a facility to treat and dispose of excess plu-
tonium.
SEC. 3133. AUTHORITY TO TRANSFER CERTAIN DEPART-
MENT OF ENERGY PROPERTY.
(a) AUTHORITY TO TRANSFER.—(1) Notwithstanding
any other provision of law, the Secretary of Energy may
transfer, for consideration, all right, title, and interest of
the United States in and to the property referred to in sub-
section (b) to any person if the Secretary determines that
such transfer will mitigate the adverse economic con-
sequences that might otherwise arise from the closure of a
Department of Energy facility.
(2) The amount of consideration received by the United
States for a transfer under paragraph (1) may be less than
the fair market value of the property transferred if the Sec-
retary determines that the receipt of such lesser amount by
the United States is in accordance with the purpose of such
transfer under this section.
(b) COVERED PROPERTY.—Property that may be
transferred under subsection (a) is the following property
of the Department of Energy that is located at department
facilities to be closed:
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(1) The personal property and fixtures at such
facilities that the Secretary determines to be excess to
the needs of the department.
(2) Any other personal property and fixtures at
such facilities the replacement cost of which does not
exceed an amount equal to 110 percent of the cost of
transporting the property or fixtures to another de-
partment facility.
(c) OTHER TERMS AND CONDITIONS.—The Secretary
may require such additional terms and conditions with re-
spect to a transfer of property under subsection (a) as the
Secretary determines appropriate to protect the interests of
the United States.
SEC. 3134. REAUTHORIZATION AND EXPANSION OF AU-
THORITY TO LOAN PERSONNEL AND FACILI-
TIES.
(a) AUTHORITY TO LOAN PERSONNEL.—Subsection
(a)(1) of section 1434 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.
2074), as amended by section 3136 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–
510; 104 Stat. 1824) and section 3136 of National Defense
Authorization for Fiscal Year 1993 (Public Law 102–484;
106 Stat. 2641), is further amended—
(1) in subparagraph (A)—
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(A) by striking out ‘‘and’’ at the end of
clause (i):
(B) by striking out the period at the end of
clause (ii) and inserting in lieu thereof a semi-
colon; and
(C) by adding at the end the following:
‘‘(iii) at the Savannah River Site, South Caro-
lina, to loan personnel in accordance with this section
to any community-based organization; and
‘‘(iv) at Oak Ridge, Tennessee, to loan personnel
in accordance with this section to any community-
based organization.’’; and
(2) in subparagraph (B)—
(A) by striking out ‘‘and the Idaho’’ and in-
serting in lieu thereof ‘‘, the Idaho’’; and
(B) by adding before the period at the end
the following: ‘‘, the Savannah River Site, and
Oak Ridge’’.
(b) AUTHORITY TO LOAN FACILITIES.—Subsection (b)
of such Act is amended—
(1) by striking out ‘‘or the Idaho’’ and inserting
in lieu thereof ‘‘the Idaho’’; and
(2) by inserting ‘‘Savannah River Site, South
Carolina, or Oak Ridge, Tennessee,’’ before ‘‘to any
community-based organization’’.
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(c) DURATION OF PROGRAM.—Subsection (c) of such
section is amended—
(1) by striking out ‘‘Reservation, and’’ and in-
serting in lieu thereof ‘‘Reservation,’’; and
(2) by inserting after ‘‘Idaho National Engineer-
ing Laboratory’’ the following: ‘‘, and September 30,
1995, with respect to the Savannah River Site, and
to Oak Ridge’’.
SEC. 3135. INCLUSION OF ANALYSIS OF NEVADA TEST SITE
IN ENVIRONMENTAL ASSESSMENT OF RECON-
FIGURATION OF DEPARTMENT OF ENERGY
NUCLEAR WEAPONS COMPLEX.
In preparing an environmental impact statement in
connection with a decision to reconfigure the functions, fa-
cilities, and personnel of the Department of Energy relating
to research and development, production, and testing of nu-
clear materials and weapons, the Secretary of Energy shall
include an analysis of the Nevada Test Site as a potential
site for the location of some or all of such functions, facili-
ties, and personnel.
SEC. 3136. DEPARTMENT OF ENERGY MANAGEMENT.
(a) UNDER SECRETARIES.—Section 202 of the Depart-
ment of Energy Organization Act (42 U.S.C. 7132) is
amended—
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(1) in subsection (a), by striking out ‘‘Under
Secretary’’ and inserting in lieu thereof ‘‘Under Sec-
retaries’’; and
(2) by striking out subsection (b) and inserting
in lieu thereof the following:
‘‘(b) There shall be in the Department three Under Sec-
retaries and a General Counsel, who shall be appointed by
the President, by and with the advice and consent of the
Senate, and who shall perform such functions and duties
the Secretary prescribes. The Under Secretaries shall be
compensated at the rate for level III of the Executive Sched-
ule under section 5314 of title 5, United States Code, and
the General Counsel shall be compensated at the rate pro-
vided for level IV of the Executive Schedule under section
5315 of title 5, United States Code.’’.
(b) RATES OF PAY.—Section 5314 of title 5, United
States Code, is amended by striking out the item relating
to the Under Secretary, Department of Energy, and insert-
ing in lieu thereof the following:
‘‘Under Secretaries, Department of Energy (3).’’.
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SEC. 3137. TRAINING PROGRAMS FOR MANAGEMENT OF
HAZARDOUS MATERIALS AND OF HAZARDOUS
MATERIALS EMERGENCY RESPONSE ACTIVI-
TIES.
(a) AUTHORITY TO CARRY OUT PROGRAMS.—The Sec-
retary of Energy may carry out the programs described in
subsection (b) for persons who work with hazardous mate-
rials.
(b) NATURE OF PROGRAMS.—The programs referred to
in subsection (a) are programs relating to management of
hazardous materials and of hazardous materials emergency
response that are designed to enhance the safety of the per-
sons referred to in subsection (a) and to protect the environ-
ment.
(c) REGIONAL TRAINING CENTERS.—(1) The programs
referred to in subsection (a) may be conducted at regional
training centers to be operated under the supervision of the
Secretary by qualified (as determined by the Secretary) not-
for-profit organizations acting in cooperation with States,
labor organizations, or Indian tribes.
(2) In consultation with appropriate representatives of
colleges and universities and other organizations having ap-
propriate technical expertise, the Secretary may develop—
(A) standards relating to the operation of centers
under this subsection; and
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(B) the curricula of the training programs car-
ried out under subsection (a).
(d) AUTHORITY TO CONSTRUCT FACILITIES.—The
Secretary may, in cooperation with the Chief of Engineers
of the Army, construct such facilities as the Secretary deter-
mines necessary to carry out the training programs author-
ized under subsection (a), including regional training cen-
ters located at Department of Energy sites.
(e) DEFINITION.—In this section, the term ‘‘Indian
tribe’’ has the meaning provided in section 4(e) of the In-
dian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)).
(f) FUNDING.—From funds authorized to be appro-
priated to the Secretary of Energy under this division,
$20,000,000 may be used to carry out programs authorized
in subsection (a).
SEC. 3138. REVIEW OF DEPARTMENT OF ENERGY ENVIRON-
MENTAL COMPLIANCE AGREEMENTS.
(a) REVIEW REQUIRED.—The Secretary of Energy
shall review each agreement that the Department of Energy
has entered into with the Environmental Protection Agency,
a State, or an Indian tribe to bring a Department of En-
ergy facility into compliance with the requirements of the
Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water
Pollution Control Act (42 U.S.C. 6901 et seq.), the Com-
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prehensive Environmental Response Compensation and Li-
ability Act (42 U.S.C. 9601 et seq.), the Solid Waste Dis-
posal Act (42 U.S.C. 6901 et seq.), or a comparable State
or local government law or regulation.
(b) CONTENT OF REVIEW.—The review required by
subsection (a) shall identify all required actions or mile-
stones that—
(1) can be completed faster than the schedule
provided in the agreement;
(2) are unnecessary because of—
(A) technological or programmatic changes;
or
(B) changes in circumstances or assump-
tions;
(3) cannot be completed by the completion date
scheduled in the agreement, but can be accomplished
within a reasonable time after such date by the use
of a more efficient or more cost-effective technology
than the technology that has been used;
(4) cannot be completed by the completion date
scheduled in the agreement because necessary tech-
nology will not be available in time to meet that
schedule;
(5) cannot be completed by the completion date
scheduled in the agreement because site characteriza-
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tion, site analysis, or another necessary information
collection activity will not be completed in time to
meet that schedule; or
(6) may endanger worker health and safety if
carried out within the period provided in the agree-
ment.
(c) CONSULTATION REQUIREMENT.—In conducting the
review of an agreement pursuant to subsection (a), the Sec-
retary shall consult with all parties to the agreement and
representatives of the community in which the Department
of Energy facility covered by the agreement is located.
(d) REPORT TO CONGRESS.—The Secretary of Energy,
at the same time that the President submits to Congress
the budget for fiscal year 1996 pursuant to section 1105
of title 31, United States Code, shall submit to Congress
a report setting forth the following matters:
(1) The results of the review conducted pursuant
to subsection (a).
(2) Any alternatives to the milestones and com-
mitments that the Secretary considers appropriate.
(3) An explanation of any alternative action or
milestone that the Secretary considers necessary, and
the reason such alternative is necessary.
(4) For each such alternative—
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(A) the date on which the alternative was
presented to the other parties to the agreement
concerned;
(B) whether the alternative was accepted,
rejected, or modified by any party to the agree-
ment; and
(C) whether the agreement was modified to
incorporate the alternative.
(e) EXISTING
OBLIGATIONS.—(1) Notwithstanding
any other provision of this section, nothing in this Act is
intended to void or amend any obligation of the United
States under any agreement referred to in subsection (a).
In addition, this section is not intended to require any
party to any agreement referred to in subsection (a) to re-
negotiate its agreement.
(2) The Secretary of Energy shall, 60 days prior to
filing its report required in subsection (d), provide a copy
of the proposed report and request comments from parties
to agreements referred to in subsection (a). Any such com-
ments received shall be printed as an appendix to the report
to Congress.
SEC. 3139. EXTENSION OF REVIEW OF WASTE ISOLATION
PILOT PLANT IN NEW MEXICO.
Section 1433(a) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.
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2073) is amended in the second sentence by striking out
‘‘four additional one-year periods’’ and inserting in lieu
thereof ‘‘nine additional one-year period’’.
SEC. 3140. STANDARDIZATION OF REQUIREMENTS AFFECT-
ING DEPARTMENT OF ENERGY EMPLOYEES.
(a) Part A of title VI of the Department of Energy
Organization Act (42 U.S.C. 7211 through 7218) is re-
pealed.
(b) The table of contents for the Department of Energy
Organization Act is amended by striking out the matter re-
lating to part A of title VI.
Subtitle D—Cooperative Research and
Development
SEC. 3141. SHORT TITLE.
This subtitle may be cited as the ‘‘Department of En-
ergy National Competitiveness Technology Partnership Act
of 1993’’.
SEC. 3142. DEFINITIONS.
For purposes of this subtitle, the term—
(a) ‘‘Department’’ means the United States De-
partment of Energy; and
(b) ‘‘Secretary’’ means the Secretary of the Unit-
ed States Department of Energy.
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SEC. 3143. COMPETITIVENESS AMENDMENT TO THE DE-
PARTMENT OF ENERGY ORGANIZATION ACT.
(a) The Department of Energy Organization Act is
amended by adding the following new title (42 U.S.C. 7101
et seq.):
‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS
‘‘SEC. 1101. FINDINGS, PURPOSES AND DEFINITIONS.
‘‘(a) FINDINGS.—For purposes of this title, Congress
finds that—
‘‘(1) the Department has scientific and technical
resources within the departmental laboratories in
many areas of importance to the economic, scientific
and technological competitiveness of United States in-
dustry;
‘‘(2) the extensive scientific and technical invest-
ment in people, facilities and equipment in the de-
partmental laboratories can contribute to the achieve-
ment of national technology goals in areas such as the
environment, health, space, and transportation;
‘‘(3) the Department has pursued aggressively
the transfer of technology from departmental labora-
tories to the private sector; however, the capabilities
of the laboratories could be made more fully accessible
to United States industry and to other Federal agen-
cies;
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‘‘(4) technology development has been increas-
ingly driven by the commercial marketplace, and the
private sector has research and development capabili-
ties in a broad range of generic technologies;
‘‘(5) the Department and the departmental
laboratories would benefit, in carrying out their
missions, from collaboration and partnership with
United States industry and other Federal agencies;
and
‘‘(6) partnerships between the departmental lab-
oratories and United States industry can provide sig-
nificant benefits to the Nation as a whole, including
creation of jobs for United States workers and im-
provement of the competitive position of the United
States in key sectors of the economy such as aero-
space, automotive, chemical and electronics.
‘‘(b) PURPOSES.—The purposes of this title are—
‘‘(1) to promote partnerships among the Depart-
ment, the departmental laboratories and the private
sector;
‘‘(2) to establish a goal for the amount of depart-
mental laboratory resources to be committed to part-
nerships;
‘‘(3) to ensure that the Department and the de-
partmental laboratories play an appropriate role,
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consistent with the core competencies of the labora-
tories, in implementing the President’s critical tech-
nology strategies;
‘‘(4) to provide additional authority to the Sec-
retary to enter into partnerships with the private sec-
tor to carry out research, development, demonstration
and commercial application activities;
‘‘(5) to streamline the approval process for coop-
erative research and development agreements proposed
by the departmental laboratories; and
‘‘(6) to facilitate greater cooperation between the
Department and other federal agencies as part of an
integrated national effort to improve United States
competitiveness.
‘‘(c) DEFINITIONS.—For purposes of this title, the
term—
‘‘(1) ‘cooperative research and development
agreement’ has the meaning given that term in sec-
tion 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a(d)(1));
‘‘(2) ‘core competency’ means an area in which
the Secretary determines a departmental laboratory
has developed expertise and demonstrated capabilities;
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‘‘(3) ‘critical technology’ means a technology
identified in the Report of the National Critical Tech-
nologies Panel;
‘‘(4) ‘departmental laboratory’ means a facility
operated by or on behalf of the Department that
would be considered a laboratory as that term is de-
fined in section 12 of the Stevenson-Wydler Tech-
nology 
Innovation 
Act 
of 
1980 
(15 
U.S.C.
3710a(d)(2)) or any other laboratory or facility des-
ignated by the Secretary;
‘‘(5) ‘disadvantaged’ has the same meaning as
that term has in section 8(a) (5) and (6) of the Small
Business Act (15 U.S.C. 637(a) (5) and (6));
‘‘(6) ‘dual-use technology’ means a technology
that has military and commercial applications;
‘‘(7) ‘educational institution’ means a college,
university, or elementary or secondary school, includ-
ing any not-for-profit organization dedicated to edu-
cation that would be exempt under section 501(a) of
the Internal Revenue Code of 1986;
‘‘(8) ‘minority college or university’ means a his-
torically Black college or university that would be
considered a ‘part B institution’ by section 322(2) of
the Higher Education Act of 1965 (20 U.S.C.
1061(2)) or a ‘minority institution’ as that term is
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defined in section 1046 of the Higher Education Act
of 1965 (20 U.S.C. 1135d–5(3));
‘‘(9) ‘multi-program departmental laboratory’
means any of the following: Argonne National Lab-
oratory, Brookhaven National Laboratory, Idaho Na-
tional Engineering Laboratory, Lawrence Berkeley
Laboratory, Lawrence Livermore National Labora-
tory, Los Alamos National Laboratory, National Re-
newable Energy Laboratory, Oak Ridge National
Laboratory, 
Pacific 
Northwest 
Laboratory, 
and
Sandia National Laboratories;
‘‘(10) ‘partnership’ means any arrangement
under which the Secretary or one or more depart-
mental laboratories undertakes research, development,
demonstration, commercial application or technical
assistance activities in cooperation with one or more
non-Federal partners and which may include part-
ners from other Federal agencies;
‘‘(11) ‘Report of the National Critical Tech-
nologies Panel’ means the biennial report on national
critical technologies submitted to Congress by the
President pursuant to section 603(d) of the National
Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6683(d)); and
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‘‘(12) ‘small business’ means a business concern
that meets the applicable standards prescribed pursu-
ant to section 3(a) of the Small Business Act (15
U.S.C. 632(a)).
‘‘SEC. 1102. GENERAL AUTHORITY.
‘‘(a)(1) In carrying out the missions of the Depart-
ment, the Secretary and the departmental laboratories may
conduct research, development, demonstration or commer-
cial application activities that build on the core com-
petencies of the departmental laboratories.
‘‘(2) In addition to missions established pursu-
ant to other laws, the Secretary may assign to depart-
mental laboratories any of the following missions:
‘‘(A) National security, including the—
‘‘(i) advancement of the military ap-
plication of atomic energy;
‘‘(ii) support of the production of
atomic weapons, or atomic weapons parts,
including special nuclear materials;
‘‘(iii) support of naval nuclear propul-
sion programs;
‘‘(iv) support for the dismantlement of
atomic weapons and the safe storage, trans-
portation and disposal of special nuclear
materials;
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‘‘(v) development of technologies and
techniques for the safe storage, processing,
treatment, transportation, and disposal of
hazardous waste (including radioactive
waste) resulting from nuclear materials
production, weapons production and sur-
veillance programs, and naval nuclear pro-
pulsion programs and of technologies and
techniques for the reduction of environ-
mental hazards and contamination due to
such waste and the environmental restora-
tion of sites affected by such waste;
‘‘(vi) development of technologies and
processes that facilitate the effective negotia-
tion and verification of international arms
control agreements and the containment of
the proliferation of nuclear weapons and the
proliferation of delivery systems for such
weapons; and
‘‘(vii) protection of health and pro-
motion of safety in carrying out other na-
tional security missions.
‘‘(B) Energy-related science and technology,
including the—
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‘‘(i) enhancement of the understanding
of all forms of energy production and use;
‘‘(ii) support of basic and applied re-
search on the fundamental nature of matter
and energy, including construction and op-
eration of unique scientific instruments;
‘‘(iii) development of energy resources,
including solar, geothermal, fossil, and nu-
clear energy resources, and related fuel cy-
cles;
‘‘(iv) pursuit of a comprehensive pro-
gram of research and development on the
environmental effects of energy technologies
and programs;
‘‘(v) development of technologies and
processes to reduce the generation of waste
or pollution or the consumption of energy or
materials;
‘‘(vi) development of technologies and
techniques for the safe storage, processing,
treatment, management, transportation and
disposal of nuclear waste resulting from
commercial nuclear activities; and
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‘‘(vii) improvement of the quality of
education in science, mathematics, and en-
gineering.
‘‘(C) Technology transfer.
‘‘(3)(A) In addition to the missions identified in
subsection (a)(2), the Departmental laboratories may
pursue supporting missions to the extent that these
supporting missions—
‘‘(i) support the technology policies of the
President;
‘‘(ii) are developed in consultation with and
coordinated with any other Federal agency or
agencies that carry out such mission activities;
‘‘(iii) are built upon the competencies devel-
oped in carrying out the primary missions iden-
tified in subsection (a)(2) and do not interfere
with the pursuit of the missions identified in
subsection (a)(2); and
‘‘(iv) are carried out through a process that
solicits the views of United States industry and
other appropriate parties.
‘‘(B) These supporting missions shall include ac-
tivities in the following areas:
‘‘(i) developing and operating high-perform-
ance computing and communications systems,
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with the goals of contributing to a national in-
formation infrastructure and addressing complex
scientific and industrial challenges which require
large-scale computational capabilities;
‘‘(ii) conducting research on and develop-
ment of advanced manufacturing systems and
technologies, with the goal of assisting the pri-
vate sector in improving the productivity, qual-
ity, energy efficiency, and control of manufactur-
ing processes; and
‘‘(iii) conducting research on and develop-
ment of advanced materials, with the goals of in-
creasing energy efficiency, environmental protec-
tion, and improved industrial performance.
‘‘(4) In carrying out the Department’s missions,
the Secretary, and the directors of the departmental
laboratories, shall, to the maximum extent prac-
ticable, make use of partnerships. Such partnerships
shall be for purposes of the following:
‘‘(A) to lead to the development of tech-
nologies that the private sector can commer-
cialize in areas of technology with broad appli-
cation important to United States technological
and economic competitiveness;
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‘‘(B) to provide Federal support in areas of
technology where the cost or risk is too high for
the private sector to support alone but that offer
a potentially high payoff to the United States;
‘‘(C) to contribute to the education and
training of scientists and engineers;
‘‘(D) to provide university and private re-
searchers access to departmental laboratory fa-
cilities; or
‘‘(E) to provide technical expertise to uni-
versities, industry or other Federal agencies.
‘‘(b) The Secretary, in carrying out partnerships, may
enter into agreements using instruments authorized under
applicable laws, including but not limited to contracts, co-
operative research and development agreements, work for
other agreements, user-facility agreements, cooperative
agreements, grants, personnel exchange agreements and pat-
ent and software licenses with any person, any agency or
instrumentality of the United States, any State or local
governmental entity, any educational institution, and any
other entity, private sector or otherwise.
‘‘(c) The Secretary and the directors of the depart-
mental laboratories shall utilize partnerships with United
States industry, to the maximum extent practicable, to en-
sure that technologies developed in pursuit of the Depart-
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ment’s missions are applied and commercialized in a time-
ly manner.
‘‘(d) The Secretary shall work with other Federal agen-
cies to carry out research, development, demonstration or
commercial application activities where the core com-
petencies of the departmental laboratories could contribute
to the missions of such other agencies.
‘‘SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS
BETWEEN 
DEPARTMENTAL 
LABORATORIES
AND UNITED STATES INDUSTRY.
‘‘(a) Beginning in fiscal year 1994, the Secretary shall
establish a goal to make available for cost-shared partner-
ships with United States industry not less than 20 percent
of the annual funds provided by the Secretary to each
multi-program departmental laboratory for research, devel-
opment, demonstration and commercial application activi-
ties.
‘‘(b) Beginning in fiscal year 1994, the Secretary shall
establish an appropriate goal for the amount of resources
to be made available for cost-shared partnerships with
United States industry at other departmental laboratories.
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‘‘SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOP-
MENT OF CRITICAL TECHNOLOGY STRATE-
GIES.
‘‘(a) The Secretary shall develop a multi-year critical
technology strategy for research, development, demonstra-
tion and commercial application activities supported by the
Department for the critical technologies listed in the Report
of the National Critical Technologies Panel.
‘‘(b) In developing such strategy, the Secretary shall—
‘‘(1) identify the core competencies of each de-
partmental laboratory;
‘‘(2) develop goals and objectives for the appro-
priate role of the Department in each of the critical
technologies listed in the report, taking into consider-
ation the core competencies of the departmental lab-
oratories;
‘‘(3) consult with appropriate representatives of
United States industry, including members of indus-
try associations and representatives of labor organiza-
tions; and
‘‘(4) participate in the executive branch process
to develop critical technology strategies.
‘‘SEC. 1105. PARTNERSHIP PREFERENCES.
‘‘(a) The Secretary shall ensure that the principal eco-
nomic benefits of any partnership accrue to the United
States economy.
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‘‘(b) Any partnership that would be given preference
under section 12(c)(4) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a (c)(4)) if it were
a cooperative research and development agreement shall be
given preference under this title.
‘‘(c) The Secretary shall issue guidelines, after con-
sultation with the Laboratory Partnership Advisory Board
established in section 1109, for application of section
12(c)(4) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a (c)(4)) and application of
subsection (a) of this section to partnerships.
‘‘(d) The Secretary shall encourage partnerships that
involve minority colleges or universities or private sector
entities owned or controlled by disadvantaged individuals.
‘‘SEC. 1106. EVALUATION OF PARTNERSHIP PROGRAMS.
‘‘(a) The Secretary, in consultation with the Labora-
tory Partnership Advisory Board established in section
1109, shall develop mechanisms for independent evaluation
of the ongoing partnership activities of the Department and
the departmental laboratories.
‘‘(b)(1) The Secretary and the director of each depart-
mental laboratory shall develop mechanisms for assessing
the progress of each partnership.
‘‘(2) The Secretary and the director of each depart-
mental laboratory shall utilize the mechanisms developed
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under paragraph (1) to evaluate the accomplishments of
each ongoing multi-year partnership and shall condition
continued Federal participation in each partnership on
demonstrated progress.
‘‘SEC. 1107. ANNUAL REPORT.
‘‘(a) The Secretary shall submit an annual report to
Congress describing the ongoing partnership activities of the
Secretary and each departmental laboratory and, to the ex-
tent practicable, the activities planned by the Secretary and
by each departmental laboratory for the coming fiscal year.
In developing the report, the Secretary shall seek the advice
of the Laboratory Partnership Advisory Board established
in section 1109.
‘‘(b) The Secretary shall submit the report under sub-
section (a) to the appropriate Committees of the Congress.
No later than March 1, 1994, and no later than the first
of March of each subsequent year, the Secretary shall submit
the report under subsection (a) that covers the fiscal year
beginning on the first of October of such year.
‘‘(c) Each director of a departmental laboratory shall
provide annually to the Secretary a report on ongoing part-
nership activities and a plan and such other information
as the Secretary may reasonably require describing the
partnership activities the director plans to carry out in the
coming fiscal year. The director shall provide such report