[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2251 Engrossed in Senate (ES)]

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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

       TITLE I--AMENDMENTS TO ENERGY POLICY AND CONSERVATION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Energy Policy and Conservation Act 
Amendments of 1994.

SEC. 102. TABLE OF CONTENTS AMENDMENTS.

    Amend the table of contents of the Energy Policy and Conservation 
Act by--
            (1) striking the items relating to sections 153, 155, 158, 
        164, and 173;
            (2) amending the item relating to section 159 to read as 
        follows:

``Sec. 159. Development, operations, and maintenance of the Reserve.'';
        and
            (3) striking the items relating to part A of title II.

SEC. 103. AMENDMENTS TO STATEMENT OF PURPOSES.

    Section 2 of the Energy Policy and Conservation Act is amended--
            (1) in paragraph (1) by striking ``standby'' and ``, 
        subject to congressional review, and to impose rationing, to 
        reduce demand for energy through the implementation of energy 
        conservation plans, and'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) to increase the domestic supply of fossil energy 
        during severe energy supply interruptions.''; and
            (3) by amending paragraph (6) to read as follows:
            ``(6) to reduce the demand for petroleum products during 
        severe energy supply interruptions.''.

SEC. 102. TITLE I AMENDMENTS.

    (a) Part B of Title I of the Energy Policy and Conservation Act (42 
U.S.C. 6231) is amended--
            (1) in section 151 (42 U.S.C. 6231)--
                    (A) in subsection (a) by striking ``limited'' and 
                ``short term''; and
                    (B) by amending subsection (b) to read as follows:
    ``(b) It is the policy of the United States to provide for the 
creation of a Strategic Petroleum Reserve for the storage of up to one 
billion barrels of petroleum products to reduce the impact of 
disruptions in supplies of petroleum products or to carry out 
obligations of the United States under the international energy 
program.'';
            (2) in section 152 (42 U.S.C. 6232)--
                    (A) by striking paragraph (1), and
                    (B) in paragraph (11) by striking ``, the Early 
                Storage Reserve'';
    (3) by striking section 153 (42 U.S.C. 6233);
            (4) in section 154 (42 U.S.C. 6234)--
                    (A) by amending subsection (a)(1) to read as 
                follows:
    ``(a)(1) A Strategic Petroleum Reserve for the storage of up to one 
billion barrels of petroleum products shall be created pursuant to this 
part.'';
                    (B) by amending subsection (b) to read as follows:
    ``(b) The Secretary, acting through the Strategic Petroleum Reserve 
Office and in accordance with this part, shall exercise authority over 
the development, operation, and maintenance of the Reserve.'';
                    (C) by striking subsections (c) and (d); and
                    (D) by amending subsection (e) to read as follows:
    ``(e)(1) The Secretary shall prepare, and update biennially, a plan 
for the operation, maintenance and proposed expansion of the Reserve 
(hereinafter referred to as the SPR Plan). The SPR Plan shall include--
            ``(A) a description of the facilities that compose the 
        Strategic Petroleum Reserve, including the type and location of 
        each storage facility (other than storage facilities of the 
        Industrial Petroleum Reserve);
            ``(B) an estimate of the volumes and types of petroleum 
        products stored in each storage facility, including any special 
        characteristics of such petroleum products; and
            ``(C) an identification of the ownership of the petroleum 
        products stored in the Reserve in any case where such products 
        are not owned by the United States; and
            ``(D) a description of any changes that have occurred, or 
        are anticipated, in the operation and maintenance of the 
        Reserve, including any plans under consideration or proposed 
        for the upgrading or replacement of existing facilities or the 
        construction of new storage facilities.
    ``(2) The Secretary shall, by rule, also prepare a Strategic 
Petroleum Reserve Drawdown and Distribution Plan (hereinafter referred 
to as the SPR Drawdown Plan). The SPR Drawdown Plan shall set forth 
policy options applicable to the drawdown and distribution of the 
Reserve, including the strategy or alternative strategies of drawdown 
and distribution that will be considered and the criteria that will be 
employed to select among such strategies. Until such SPR Drawdown Plan 
is finalized the December 1, 1992 Strategic Petroleum Reserve Drawdown 
(Amendment Number 4) shall remain in force and effect.''.
            (5) by striking section 155 (42 U.S.C. 6235);
            (6) in section 156(b) (42 U.S.C. 6236(b)) by striking ``To 
        implement the Early Storage Reserve Plan or the Strategic 
        Petroleum Reserve Plan which has taken effect pursuant to 
        section 159(a), the'' and inserting ``The'';
            (7) by amending section 157 (42 U.S.C. 6237)--
                    (A) in subsection (a), by striking ``The Strategic 
                Petroleum Reserve Plan shall provide for the 
                establishment and maintenance of'' and insert ``The 
                Secretary shall establish and maintain as part of the 
                Strategic Petroleum Reserve'', and
                    (B) in subsection (b), by striking ``To implement 
                the Strategic Petroleum Reserve Plan, the Secretary 
                shall accumulate and maintain'' and inserting ``The 
                Secretary may establish and maintain as part of the 
                Strategic Petroleum Reserve'';
            (8) by striking section 158 (42 U.S.C. 6238);
            (9) in section 159 (42 U.S.C. 6239)--
                    (A) by striking subsections (a), (b), (c), (d), and 
                (e);
                    (B) by amending subsection (f) to read as follows:
    ``(f) In order to develop, operate, or maintain the Strategic 
Petroleum Reserve, the Secretary may:
            ``(1) issue rules, regulation, or orders;
            ``(2) acquire by purchase, condemnation, or otherwise, land 
        or interests in land for the location of storage and related 
        facilities;
            ``(3) construct, purchase, lease, or otherwise acquire 
        storage and related facilities;
            ``(4) use, lease, maintain, sell, or otherwise dispose of 
        storage and related facilities acquired under this part, under 
        such terms and conditions as the Secretary may deem necessary 
        or appropriate;
            ``(5) acquire by purchase, exchange, or otherwise, 
        petroleum products for storage in the Strategic Petroleum 
        Reserve;
            ``(6) store petroleum products in storage facilities owned 
        and controlled by the United States or in storage facilities 
        owned by others if those facilities are subject to audit by the 
        United States;
            ``(7) execute any contracts necessary to develop, operate, 
        or maintain the Strategic Petroleum Reserve;
            ``(8) require an importer of petroleum products or refiner 
        to acquire and to store and maintain, in readily available 
        inventories, petroleum products in the Industrial Petroleum 
        Reserve, under section 156;
            ``(9) require the storage of petroleum products in the 
        Industrial Petroleum Reserve, under section 156, on terms that 
        the Secretary specifies in storage facilities owned and 
        controlled by the United States or in storage facilities other 
        than those owned by the United States if those facilities are 
        subject to audit by the United States;
            ``(10) require the maintenance of the Industrial Petroleum 
        Reserve; and
            ``(11) bring an action, when the Secretary considers it 
        necessary, in any court having jurisdiction over the 
        proceedings, to acquire by condemnation any real or personal 
        property, including facilities, temporary use of facilities, or 
        other interests in land, together with any personal property 
        located on or used with the land.'';
                    (C) in subsection (g)--
                            (i) by striking ``implementation'' and 
                        inserting ``development''; and
                            (ii) by striking ``Plan'';
                    (D) by striking subsections (h) and (i); and
                    (E) by striking in subsection (j) from ``No later 
                than'' through ``Amendments of 1990'' and inserting in 
                lieu thereof: ``When the Secretary determines that, 
                within five years, the Reserve can reasonably be 
                expected to contain an inventory of 750,000,000 
                barrels,''; and
                    (F) by amending subsection (1) to read as follows:
            ``(1) During any period in which drawdown and distribution 
        are being implemented, the Secretary may issue rules, 
        regulations, or orders to implement the drawdown and 
        distribution of the Strategic Petroleum Reserve in accordance 
        with section 523 of this Act, without regard to the 
        requirements of section 553 of title 5, United States Code, and 
        section 501 of the Department of Energy Organization Act (42 
        U.S.C. 7191).'';
            (10) in section 160 (42 U.S.C. 6240)--
                    (A) in subsection (a), by striking all before the 
                dash and inserting the following--
    ``(a) For the purpose of implementing the Strategic Petroleum 
Reserve, the Secretary may acquire, place in storage, transport, or 
exchange'';
                    (B) in subsection (b), by striking the third comma 
                and ``including the Early Storage Reserve'' and 
                paragraph (2);
                    (C) by striking subsections (c), (d) and (e);
            (11) in section 161 (42 U.S.C. 6241)--
                    (A) by amending subsection (b) to read as follows:
    ``(b) Except as provided in subsection (f) and (g), no drawdown and 
distribution of the Reserve may be made except in accordance with the 
provisions of the Distribution Plan prepared pursuant to section 
154(e).''.
                    (B) by striking subsection (c).
                    (C) by amending subsection (d)(1) to read as 
                follows:
    ``(d)(1) No drawdown and distribution of the Strategic Petroleum 
Reserve may be made unless the President has found drawdown and 
distribution is required by a severe energy supply interruption or by 
obligations of the United States under the international energy 
program.''.
                    (D) by amending subsection (e) to read as follows:
    ``(e)(1) The Secretary shall sell any petroleum product withdrawn 
from the Strategic Petroleum Reserve at public sale to the highest 
qualified bidder in the amounts, for the period, and after a notice of 
sale the Secretary considers proper, and without regard to Federal, 
State, or local regulations controlling sales of petroleum products.
    ``(2) The Secretary may cancel in whole or in part any offer to 
sell petroleum products as part of any drawdown and distribution under 
this section.''; and
                    (E) in subsection (g)--
                            (i) in paragraph (1), by striking 
                        ``Distribution Plan'' and inserting 
                        ``distribution procedures'', and
                            (ii) by striking paragraphs (2) and (6);
            (12) by striking section 164 (42 U.S.C. 6244);
            (13) by amending section 165 (42 U.S.C. 6245) to read as 
        follows--
    ``Sec. 165. The Secretary shall report annually to the President 
and the Congress on actions to implement this part. This report shall 
include--
            ``(1) a detailed statement of the status of the Strategic 
        Petroleum Reserve, including--
                    ``(A) the capacity of the Reserve and the scheduled 
                annual fill rate for achieving this capacity;
                    ``(B) the types and quality of crude oil to be 
                acquired for the Reserve, including the method of 
                procurement, under the schedule described in 
                subparagraph (A);
                    ``(C) any conditions affecting physical integrity 
                of any Reserve facility or the petroleum products 
                stored in any Reserve facility, that would impair the 
                maintenance or operation of the Reserve, including any 
                proposed remedial actions, their estimated costs, and 
                schedules for their execution;
                    ``(D) plans for the construction of new Reserve 
                facilities or the enhancement or improvement of 
                existing Reserve facilities, including their estimated 
                costs and schedules for completion;
                    ``(E) specific actions being taken or anticipated 
                to complete and maintain a Reserve, a 750,000,000 
                barrel Reserve;
                    ``(F) specific actions being taken to complete 
                preparations of plans for expansion of the Reserve to a 
                capacity of one billion barrels; and
                    ``(G) a description of the current method of 
                drawdown and distribution to be utilized; and
                    ``(H) an explanation of any changes made in the 
                matters described in subparagraphs (A) through (G) 
                since the transmittal of the previous report under this 
                section;
            ``(2) a summary of the actions being taken to develop, 
        operate, or maintain the Strategic Petroleum Reserve;
            ``(3) a summary of any actions taken or proposed to achieve 
        the petroleum product storage objectives for the Reserve 
        through the acquisition of petroleum products by the 
        acquisition of leasing of petroleum products, or by other 
        means;
            ``(4) a review of any proposal received from a person, 
        including a State or local governmental entity, that would 
        further the objectives of the Reserve, including the financing 
        or leasing of Reserve storage facilities or petroleum products, 
        or both, and any anticipated actions on such a proposal;
            ``(5) a description of current United States and 
        International Energy Agency policies and practices applicable 
        to the drawdown and distribution of the Reserve, including any 
        changes in such policies and the rationale for such changes;
            ``(6) a summary of the financial transactions in the 
        Strategic Petroleum Reserve and SPR Petroleum Account;
            ``(7) a summary of the existing problems with respect to 
        operation or maintenance of the Strategic Petroleum Reserve; 
        and
            ``(8) any recommendations for supplemental legislation the 
        Secretary considers necessary or appropriate to implement this 
        part, including any proposal under paragraphs (3) and (4).''.
            (14) in section 166 (42 U.S.C. 6246) by striking all after 
        ``appropriated'' and inserting ``such funds as may be necessary 
        to implement this part.'';
            (15) in section 167 (42 U.S.C. 6247)--
                    (A) in subsection (b)--
                            (i) by inserting ``test sales of petroleum 
                        products from the Reserve,'' after ``Strategic 
                        Petroleum Reserve,'';
                            (ii) by striking paragraph (1);
                            (iii) in paragraph (2), by striking ``after 
                        fiscal year 1982''; and
                    (B) by amending subsection (e) to read as follows:
    ``(e) The Impoundment Control Act of 1974 (2 U.S.C. 681-688) 
applies to funds made available under subsection (b).''.
    (c) Part C of Title I of the Energy Policy and Conservation Act (42 
U.S.C. 6249, et seq.) is amended--
            (1) in section 172 (42 U.S.C. 6249a) by striking 
        subsections (a) and (b); and
            (2) by striking section 173 (42 U.S.C. 6249b).
    (d) Part D of Title I of the Energy Policy and Conservation Act is 
amended in section 181 (42 U.S.C. 6251), by striking ``1994'' each time 
is appears and inserting ``1999''.

SEC. 103 TITLE II AMENDMENTS.

    (a) Title II of the Energy Policy and Conservation Act is amended 
by striking Part A (42 U.S.C. 201 through 204).
    (b) Part B of Title II of the Energy Policy and Conservation Act is 
amended by adding at the end of section 256(h), ``There are authorized 
to be appropriated for fiscal years 1996 through 1999, such sums as may 
be necessary.''.
    (c) Part D of Title II of the Energy Policy and Conservation Act is 
amended in section 281 (42 U.S.C. 6285), by striking ``1994'' each time 
it appears and inserting ``1999''.

SEC. 104. TITLE III AMENDMENTS.

    (a) Part D of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6291-6327, 6361-6374d) is amended in section 365(f)) (42 
U.S.C. 6325(f)) by amending paragraph (1) to read as follows:
            ``(1) Except as provided in paragraph (2), for the purpose 
        of carrying out this part, there are authorized to be 
        appropriated for fiscal years 1995 through 1999, such sums as 
        may be necessary.''.
    (b) Part G of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6371, et seq.) is amended in section 397 (42 U.S.C. 6371f) 
is amended to read as follows:
    ``Sec. 397. For the purpose of carrying out this part, there are 
authorized to be appropriated for fiscal years 1995 through 1999, such 
sums as may be necessary.''.

     TITLE II--AMENDMENTS TO DEPARTMENT OF ENERGY ORGANIZATION ACT

SEC. 201. STANDARDIZATION OF REQUIREMENTS AFFECTING DEPARTMENT OF 
              ENERGY EMPLOYEES.

    (a) Repeal.--Part A of title VI of the Department of Energy 
Organization Act and its catchline (42 U.S.C. 7211, 7212, and 7218) are 
repealed.
    (b) Conforming Amendment.--The table of contents of the Department 
of Energy Organization Act is amended by striking out the matter 
relating to part A of title VI.

TITLE III--INITIATIVES PERTAINING TO THE LOWER MISSISSIPPI DELTA REGION

SEC. 301. FINDINGS.

    (a) The Congress finds that--
            (1) in 1988, Congress enacted Public Law 100-460, 
        establishing the Lower Mississippi Delta Development 
        Commission, to assess the needs, problems, and opportunities of 
        people living in the Lower Mississippi Delta Region that 
        includes 219 counties and parishes within the States of 
        Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, 
        and Tennessee;
            (2) the Commission conducted a thorough investigation to 
        assess these needs, problems, and opportunities, and held 
        several public hearings throughout the Delta Region;
            (3) on the basis of these investigations, the Commission 
        issued the Delta Initiatives Report, which included 
        recommendations on natural resource protection, historic 
        preservation, and the enhancement of educational and other 
        opportunities for Delta Region residents; and
            (4) the Delta Initiatives Report recommended--
                    (A) the implementation of precollege education 
                programs in mathematics and science as well as other 
                initiatives to enhance the educational and technical 
                capabilities of the Delta work force;
                    (B) that States and local systems seek ways to 
                expand the pool of qualified educators in mathematics 
                and the sciences;
                    (C) that institutions in the Delta Region work with 
                local school districts to promote mathematics and 
                science education;
                    (D) that Federal agencies target more research and 
                development monies in selected areas to institutions of 
                higher education in the Delta Region, especially 
                Historically Black Colleges and Universities;
                    (E) that institutions of higher education establish 
                a regional consortium to provide technical assistance 
                and training to increase international trade between 
                businesses in the Delta Region and foreign countries;
                    (F) that the Federal government should create 
                economic incentives to encourage the location of value-
                added facilities for processing agricultural products 
                within the Delta Region; and
                    (G) that Congress provide practical incentives to 
                encourage the construction of alternative fuel 
                production facilities in the Delta Region.

SEC. 302. DEFINITIONS.

    As used in this title, the term--
            (1) ``Center'' means the Delta Energy Technology and 
        Business Development Center established under section 303 of 
        this Act;
            (2) ``Commission'' means the Lower Mississippi Delta 
        Development Commission established pursuant to Public Law 100-
        460;
            (3) ``Delta Initiatives Report'' means the May 14, 1990 
        Final Report of the Commission entitled ``The Delta 
        Initiatives: Realizing the Dream. . . Fulfilling the 
        Potential'';
            (4) ``Delta Region'' means the Lower Mississippi Delta 
        Region including the 219 counties and parishes within the 
        States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi, 
        Missouri, and Tennessee, as defined in the Delta Initiatives 
        Report, except that, for any State for which the Delta Region 
        as defined in such report comprises more than half of the 
        geographic area of such State, the entire State shall be 
        considered part of the Delta Region for purposes of this Act;
            (5) ``Department'' means the United States Department of 
        Energy, unless otherwise specifically stated;
            (6) ``departmental laboratory'' means a facility operated 
        by or on behalf of the Department of Energy that would be 
        considered a laboratory as that term is defined in section 12 
        of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710(d)(2)) or other laboratory or facility the 
        Secretary designates;
            (7) ``Historically Black College or University'' means a 
        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));
            (8) ``minority college or University'' means a Historically 
        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 defined in section 1046 of the Higher Education Act of 
        1965 (20 U.S.C. 1135d-5(3));
            (9) ``persons in the Delta Region'' means an entity 
        primarily located in the Delta Region, the controlling interest 
        (as defined by the Secretary) of which is held by persons of 
        the United States, including--
                    (A) a for-profit entity;
                    (B) a private foundation or corporation exempt 
                under section 501(c)(3) of the Internal Revenue Code;
                    (C) a nonprofit organization such as a public 
                trust;
                    (D) a trade or professional society;
                    (E) a tribal government;
                    (F) institutions of higher education; or
                    (G) a unit of State or local government; and
            (10) ``Secretary'' means the Secretary of Energy, unless 
        otherwise specifically stated.

SEC. 303. DELTA ENERGY TECHNOLOGY AND BUSINESS DEVELOPMENT CENTER.

    (a) Establishment.--The Secretary shall enter into an agreement 
with Louisiana State University in partnership with Southern University 
in Baton Rouge, Louisiana, to establish the Delta Energy Technology and 
Business Development Center. The agreement shall provide for 
cooperative agreements with the University of Arkansas at Pine Bluff, 
Arkansas, and Alcorn State University in Lorman, Mississippi, and other 
universities and institutions in the Delta Region, to carry out 
affiliated programs and coordinate program activities at such 
universities and institutions.
    (b) Purpose.--The purpose of the Center shall be to--
            (1) foster the creation and retention of energy resource 
        and manufacturing and related energy service jobs in the Delta 
        Region;
            (2) encourage the export of energy resources and 
        technologies, including services related thereto, from the 
        Delta Region;
            (3) develop markets for energy resources and technologies 
        manufactured in the Delta Region for use in meeting the energy 
        resource and technology needs of foreign countries;
            (4) encourage the successful, long-term market penetration 
        of energy resources and technologies manufactured in the Delta 
        Region into foreign countries;
            (5) encourage participation in energy-related projects in 
        foreign countries by persons in the Delta Region as well as the 
        utilization in such projects of energy resources and 
        technologies significantly developed, demonstrated, or 
        manufactured in the Delta Region; and
            (6) assist in the establishment of technology transfer 
        programs in cooperation with Federal laboratories to create 
        businesses in energy resources and technology in the Delta 
        Region.
    (c) General.--The Center, in cooperation with participating 
universities and institutions in the Delta Region, shall--
            (1) identify and foster the establishment of flexible 
        manufacturing networks in consultation with the States of the 
        Delta Region to promote the development of energy resources and 
        technologies that have the potential to expand technology 
        development and manufacturing in, and exports from, the Delta 
        Region;
            (2) provide technical, business, training, marketing, and 
        other assistance to persons in the Delta Region;
            (3) develop a comprehensive database and information 
        dissemination system, that will provide detailed information on 
        the specific energy resources and technologies of the Delta 
        Region itself, as well as domestic and international market 
        opportunities for businesses in the Delta Region, and 
        electronically link the Center with other institutions of 
        higher education in the Delta Region;
            (4) establish a network of business and technology 
        incubators to promote the design, manufacture, and sale of 
        energy resources and technologies from the Delta Region;
            (5) enter into contracts, cooperative agreements, and other 
        arrangements with the Federal government, international 
        development agencies, or persons in the Delta Region to carry 
        out these objectives; and
            (6) coordinate existing Department and other Federal 
        programs having comparable goals and purposes.
    (d) Assistance From the Secretary.--The Secretary is authorized to 
provide the Center assistance in obtaining such personnel, equipment, 
and facilities as may be needed by the Center and affiliated 
participating universities and institutions to carry out its activities 
under this section.
    (e) Grants.--The Secretary is authorized to provide grants and 
other forms of financial assistance to the Center for the Center and 
participating universities and institutions to (1) support the creation 
of flexible manufacturing networks as identified in subsection (c)(1); 
and (2) develop the comprehensive database described in paragraph 
(c)(3); and (3) support the training, marketing, and other related 
activities of the Center.
    (f) Acceptance of Grants and Transfers.--The Center may accept--
            (A) grants and donations from private individuals, groups, 
        organizations, corporations, foundations, State and local 
        governments, and other entities; and
            (B) transfers of funds from other Federal agencies.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the programs 
under this section and for the establishment, operation, construction, 
and maintenance of the Center and facilities of participating 
universities and institutions.

SEC. 304. INSTITUTIONAL CONSERVATION PROGRAM FOR THE DELTA REGION.

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6371, et seq.) is amended by adding a new section 400K as follows:

       ``institutional conservation program for the delta region

    ``Sec. 400K. (a) Purpose.--The purpose of this section is to 
encourage the use of energy conservation measures in the schools and 
hospitals of the Delta Region.
    ``(b) Grants for Establishment of Program.--Not later than 12 
months after the date of the enactment of the Lower Mississippi Delta 
Initiatives Act of 1993, the Secretary is authorized to provide grants 
to schools or hospitals, or to consortiums consisting of a school or 
hospital and one or more of the following: State or unit of local 
government; local education agency; State hospital facilities agency; 
or State school facilities agency. Such grants shall be for purposes of 
conducting innovative energy conservation projects and providing 
Federal financing for energy conservation projects at schools and 
hospitals in the Delta Region.
    ``(c) Applications.--(1) Applications of schools or hospitals for 
grants under this section shall be made not more than once for any 
fiscal year. Such applications shall be submitted to the State energy 
agency, in consultation with the Planning and Development Districts in 
the Delta Region, and the State energy agency shall make a single 
submittal to the Secretary containing all applications which comply 
with subsection (e).
    ``(2) Applications for grants shall contain, or be accompanied by, 
such information as the Secretary may reasonably require in accordance 
with regulations governing institutional conservation programs under 
this part; provided, however, that the Secretary shall encourage 
flexible and innovative approaches consistent with this Act.
    ``(d) Selection of Applications.--(1) Not later than six months 
after the receipt of applications under subsection (c), the Secretary 
shall select at least seven, but not more than 21, proposals from 
States to receive grants under subsection (b).
    ``(2) The Secretary may select more than 21 applications under this 
subsection, if the Secretary determines that the total amount of 
available funds is not likely to be otherwise utilized.
    ``(3) No one State shall receive less than one, or more than four, 
grants under subsection (b).
    ``(4) Such grants shall be in addition to such grants as would 
otherwise be provided under part G of this Act.
    ``(5) No one grant recipient under this section shall receive 
Federal funds in excess of $2,000,000.
    ``(e) Selection Criteria.--The Secretary shall select recipients of 
grants under this section on the basis of the following criteria:
            ``(1) The location of the grant recipient in the Delta 
        Region.
            ``(2) The demonstrated or potential resources available to 
        the grant applicant for carrying out the purposes of this 
        section.
            ``(3) The demonstrated or potential ability of the grant 
        applicant to improve energy conservation measures in the 
        designated school or hospital.
            ``(4) Such other criteria as the Secretary deems 
        appropriate for carrying out the purposes of this section.
    ``(f) Definition.--For purposes of this section, the term `Delta 
Region' means the Lower Mississippi Delta Region including the 219 
counties and parishes within the States of Arkansas, Illinois, 
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee, as defined 
in the May 14, 1990, Final Report of the Lower Mississippi Delta 
Development Commission entitled `The Delta Initiatives: Realizing the 
Dream . . . Fulfilling the Potential.'
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for purposes of carrying out this section, to remain 
available until expended, not more than $20,000,000 for each of fiscal 
years 1996, and 1997, and 1998.''.

SEC. 305. ENERGY RELATED EDUCATIONAL INITIATIVES.

    (a) Minority College or University Initiative.--(1) Within one year 
after the date of the enactment of this Act, and annually thereafter, 
the Secretary shall submit to the Committee on Energy and Natural 
Resources of the United States Senate and to the United States House of 
Representatives a report identifying opportunities for minority 
colleges and universities to participate in programs and activities 
carried out by the Department or the departmental laboratories. The 
Secretary shall consult with representatives of minority colleges or 
universities in preparing the report. Such report shall--
            (A) describe ongoing education and training programs 
        carried out by the Department or the departmental laboratories 
        with respect to, or in conjunction with, minority colleges or 
        universities in the areas of mathematics, science, and 
        engineering;
            (B) describe ongoing research, development, demonstration, 
        or commercial application activities involving the Department 
        or the departmental laboratories and minority colleges or 
        universities;
            (C) describe funding levels for the programs referred to in 
        subparagraphs (A) and (B);
            (D) identify ways for the Department or the departmental 
        laboratories to assist minority colleges or universities in 
        providing education and training in the fields of mathematics, 
        the sciences, and engineering;
            (E) identify ways for the Department or the departmental 
        laboratories to assist minority colleges and universities in 
        entering into partnerships;
            (F) address the need for, and potential role of, the 
        Department or the departmental laboratories in providing 
        minority colleges or universities with--
                    (i) increased research opportunities for faculty 
                and students;
                    (ii) assistance in faculty development and 
                recruitment;
                    (iii) curriculum enhancement and development; and
                    (iv) improved laboratory instrumentation and 
                equipment, including computer equipment, through 
                purchase, loan, or other transfer mechanisms;
            (G) address the need for, and potential role of, the 
        Department or departmental laboratories in providing financial 
        and technical assistance for the development of infrastructure 
        facilities, including buildings and laboratory facilities, at 
        minority colleges and universities; and
            (H) make specific proposals and recommendations, together 
        with estimates of necessary funding levels, for initiatives to 
        be carried out by the Department or the departmental 
        laboratories in order to assist minority colleges or 
        universities in providing education and training in the areas 
        of mathematics, the sciences, and engineering, and in entering 
        into partnerships with the Department or departmental 
        laboratories.
    (2) The Secretary shall encourage memoranda of understanding and 
other appropriate forms of agreement between the Department and 
minority colleges and universities directed at jointly planning and 
developing programs to foster greater involvement of minority colleges 
and universities in research, education, training, and recruitment 
activities of the Department.
    (b) Minority College and University Scholarship Programs for the 
Delta Region.--The Secretary shall establish a scholarship program for 
students pursuing undergraduate or graduate degrees in energy-related 
scientific, mathematical, engineering, and technical disciplines at 
minority colleges and universities in the Delta Region. The scholarship 
program shall include tuition assistance. Recipients of such 
scholarships shall be students deemed by the Secretary to have 
demonstrated (1) a need for such assistance and (2) academic potential 
in the particular area of study.
    (c) Pre-College Education.--The Secretary shall undertake 
activities to encourage pre-college education programs in energy-
related scientific, mathematical, engineering, and technical 
disciplines for students in the Delta Region. Such activities shall 
include, but not be limited to the following:
            (1) Cooperation with, and assistance to, State departments 
        of education and local school districts in the Delta Region to 
        develop and carry out after school and summer education 
        programs for elementary, middle, and secondary school students 
        in energy-related scientific, mathematical, engineering and 
        technical disciplines.
            (2) Cooperation with, and assistance to, institutions of 
        higher education in the Delta Region to develop and carry out 
        pre-college education programs in energy-related scientific, 
        mathematical, engineering, and technical disciplines for middle 
        and secondary school students.
            (3) Cooperation with, and assistance to, State departments 
        of education and local school districts in the development and 
        use of curriculum and educational materials in energy-related 
        scientific, mathematical, engineering, and technical 
        disciplines for middle and secondary students.
            (4) The establishment of education programs in subjects 
        relating to energy-related scientific, mathematical, 
        engineering, and technical disciplines for elementary, middle, 
        and secondary school teachers in the Delta Region.
    (d) Volunteer Program.--The Secretary shall carry out a program to 
encourage the involvement on a voluntary basis of qualified employees 
of the Department in education programs relating to energy-related 
scientific, mathematical, engineering, and technical disciplines, in 
cooperation with State departments of education and local school 
districts in the Delta Region.
    (e) Women and Minorities in the Sciences.--The Secretary shall 
establish a Center for Excellence in the Sciences at Alcorn State in 
Lorman, Mississippi, in cooperation with Southern University in Baton 
Rouge, Louisiana, and the University of Arkansas at Pine Bluff, 
Arkansas, and other minority colleges or universities for purposes of 
encouraging women and minority students in the Delta Region to study 
and pursue careers in the sciences, mathematics, engineering and 
technical disciplines. The Center shall enter into cooperative 
agreements with Southern University in Baton Rouge, Louisiana, and the 
University of Arkansas at Pine Bluff, Arkansas, and other minority 
colleges and universities in the Delta Region, to carry out affiliated 
programs and coordinate programs activities at such colleges and 
universities. The Secretary is authorized to provide grants and other 
forms of financial assistance to the Center.
    (f) Coordination With Other Federal Agencies.--The Secretary shall 
ensure that the programs authorized in this section are coordinated 
with, and complimentary to, education assistance programs administered 
by the Department and by other Federal agencies in the Delta Region. 
These agencies include, but are not limited to, the Department of the 
Interior, the Department of Agriculture, the Department of Education, 
the National Science Foundation, and the National Aeronautics and Space 
Administration.
    (g) Authorization of Appropriations.--There is hereby authorized to 
be appropriated such sums as may be necessary to carry out the purposes 
of this section.

SEC. 306. INTEGRATED BIOMASS ENERGY SYSTEMS.

    (a) Program Direction.--The Secretary, in consultation with the 
Secretary of Agriculture, shall conduct a research, development and 
demonstration program to determine the economic viability of integrated 
biomass energy systems within the Delta Region.
    (b) Program Plan.--Not later than six months after the date of 
enactment of this Act, the Secretary shall prepare and submit to the 
Congress a program plan to guide the activities under this section.
    (c) Solicitation of Proposals.--Not later than one year after the 
date of enactment of this Act, the Secretary shall solicit proposals 
for conducting activities consistent with the program plan. Such 
activities shall include at least three demonstrations of integrated 
biomass energy systems that--
            (1) involve the production of dedicated energy crops of not 
        less than 25,000 acres per demonstration;
            (2) include predominately herbaceous energy crops;
            (3) include predominately short-rotation woody crops;
            (4) demonstrate cost-effective methods of growing, 
        harvesting, storing, transporting, and preparing energy crops 
        for conversion to electricity or transportation fuel; and
            (5) result in the conversion of such crops to electricity 
        or transportation fuel by a non-Federal energy producer or the 
        Tennessee Valley Authority.
    (d) Cost Sharing.--(1) For research, development, and demonstration 
programs carried out under this section, the Secretary shall require a 
commitment from non-Federal sources of at least 20 percent of the cost 
of the project.
    (2) The Secretary shall require at least 50 percent of the costs 
directly and specifically related to any demonstration or commercial 
application project under this section to be provided from non-Federal 
sources. The Secretary may reduce the non-Federal requirement under 
this section if the Secretary determines that the reduction is 
necessary and appropriate considering the technological risks involved 
in the project and is necessary to meet the objectives of this section.
    (3) In calculating the amount of the non-Federal commitment under 
paragraph (1) or (2), the Secretary shall include cash, personnel, 
services, equipment, and other resources.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated for purposes of carrying out this section, to remain 
available until expended, not more than $10,000,000 for each of fiscal 
years 1996, 1997, and 1998.

SEC. 307. WEATHERIZATION ASSISTANCE PROGRAM FOR THE DELTA REGION.

    Title IV of the Energy Conservation and Production Act (42 U.S.C. 
6851, 6861-6846) is further amended by adding a new section 423 as 
follows:

        ``weatherization assistance program for the delta region

    ``Sec. 423. (a) Purpose.--The purpose of this section is to 
encourage the weatherization of low-income dwelling units in the Delta 
Region.
    ``(b) Grants for Establishment of Program.--Not later than 12 
months after the date of the enactment of the Lower Mississippi Delta 
Initiatives Act of 1993, the Secretary shall make grants to (1) States, 
and (2) in accordance with the provisions of subsection (413)(d), to 
Indian tribal organizations to serve Native Americans in the Delta 
Region. Such grants shall be made for the purposes of providing 
financial assistance for the weatherization of low-income dwelling 
units.
    ``(c) Applications.--(1) Applications of States or Indian tribal 
organizations for grants under this section shall be made not more than 
once for any fiscal year. Such applications shall be submitted to the 
State weatherization agency, in consultation with Community Action 
Agencies and Planning and Development Districts in the Delta Region, 
and the State weatherization agency shall make a single submittal to 
the Secretary containing all applications which comply with subsection 
(e).
    ``(2) Applications for grants for energy conservation projects 
shall contain, or be accompanied by, such information as the Secretary 
may reasonably require in accordance with regulations governing 
weatherization assistance programs under this Part.
    ``(d) Selection of Applications.--(1) The Secretary shall select 
applications from States to receive grants under subsection (b).
    ``(2) Such grants shall be in addition to such grants as would 
otherwise be provided under section 414 of this Act.
    ``(3) No one grant recipient under this section shall receive 
Federal funds in excess of $2,000,000.
    ``(e) Selection Criteria.--The Secretary shall select recipients of 
grants under this section in accordance with the requirements of 
sections 414(b) and 415 of this Act, and on the basis of the following 
criteria:
            ``(1) The location of the grant applicant in the Delta 
        Region.
            ``(2) The demonstrated or potential resources available to 
        the grant applicant for carrying out the purposes of this 
        section.
            ``(3) The demonstrated or potential ability of the grant 
        applicant to improve energy efficiency in low-income dwelling 
        units.
    ``(f) Coordination With Other Weatherization Assistance Programs.--
The Secretary shall ensure that the programs authorized in this section 
are coordinated with, and complimentary to, Department weatherization 
assistance programs under section 413, 414A and 414B of this title.
    ``(g) Definition.--For purposes of this section, the term `Delta 
Region' means the Lower Mississippi Delta Region including the 219 
counties and parishes within the States of Arkansas, Illinois, 
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee, as defined 
in the May 14, 1990 Final Report of the Lower Mississippi Delta 
Development Commission entitled `The Delta Initiatives: Realizing the 
Dream . . . Fulfilling the Potential.'
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated for purposes of carrying out this section, to remain 
available until expended, not more than $20,000,000 for each of fiscal 
years 1996, 1997, and 1998.''.

SEC. 308. RENEWABLE ENERGY PRODUCTION INCENTIVES.

    Section 1212 of the Energy Policy Act of 1992 (42 U.S.C. 13317) is 
amended by inserting immediately after ``foregoing,'' the following: 
``by the Tennessee Valley Authority,''.

 TITLE IV--PURCHASES FROM THE STRATEGIC PETROLEUM RESERVE BY THE STATE 
                               OF HAWAII.

    Sec. 401. (a) General Provisions.--Section 161 of the Energy Policy 
and Conservation Act (42 U.S.C. 6241) is amended by adding at the end 
the following new subsection:
    ``(j)(1) With respect to each offering of a quantity of petroleum 
product during a drawdown of the Strategic Petroleum Reserve--
            ``(A) the State of Hawaii, in addition to having the 
        opportunity to submit a competitive bid, may--
                    ``(i) submit a binding offer, and shall on 
                submission of the bid, be entitled to purchase a 
                category of petroleum product specified in a notice of 
                sale at a price equal to the volumetrically weighted 
                average of the successful bids made for the remaining 
                quantity of petroleum product within the category that 
                is the subject of the offering; and
                    ``(ii) submit one or more alternative offers, for 
                other categories of petroleum product, that will be 
                binding in the event that no price competitive contract 
                is awarded for the category of petroleum product on 
                which a binding offer is submitted under clause (i); 
                and
            ``(B) at the request of the Governor of the State of 
        Hawaii, petroleum product purchased by the State of Hawaii at a 
        competitive sale or through a binding offer shall have first 
        preference in scheduling for lifting.
    ``(2)(A) In administering this subsection, and with respect to each 
offering, the Secretary may impose the limitation described in 
subparagraph (B) or (C) that results in the purchase of the lesser 
quantity of petroleum product.
    ``(B) The Secretary may limit the quantity of petroleum product 
that the State of Hawaii may purchase through a binding offer at any 
one offering to 1-1/2 of the total quantity of imports of petroleum 
product brought into the State during the previous year (or other 
period determined by the Secretary to be representative).
    ``(C) The Secretary may limit the quantity that may be purchased 
through binding offers at any one offering to 3 percent of the 
offering.
    ``(3) Notwithstanding any limitation imposed under paragraph (2), 
in administering this subsection, and with respect to each offering, 
the Secretary shall, at the request of the Governor of the State of 
Hawaii, adjust the quantity to be sold to the State of Hawaii or an 
eligible entity certified under paragraph (6), as follows:
            ``(A) The Secretary shall adjust upward to the next whole 
        number increment of a full tanker load if the quantity to be 
        sold is--
                    ``(i) less than one full tanker load; or
                    ``(ii) greater than or equal to 50 percent of a 
                full tanker load more than a whole number increment of 
                a full tanker load.
            ``(B) The Secretary shall adjust downward to the next whole 
        number increment of a full tanker load if the quantity to be 
        sold is less than 50 percent of a full tanker load more than a 
        whole number increment of a full tanker load.
    ``(4) The State of Hawaii or an eligible entity may enter into an 
exchange or a processing agreement that requires delivery to other 
locations, so long as petroleum product of similar value or quantity is 
delivered to the State of Hawaii.
    ``(5) Except as otherwise provided in this Act, the Secretary may 
require the State of Hawaii and any eligible entity that purchases 
petroleum product under this subsection to comply with the standard 
sales provisions applicable to purchasers of petroleum product at 
competitive sales.
    ``(6)(A) Notwithstanding the foregoing, and subject to 
subparagraphs (B) and (C), if the Governor of the State of Hawaii 
certifies to the Secretary that the State has entered into an agreement 
with an eligible entity to effectuate the purposes of this Act, such 
eligible entity may submit a binding offer and receive first preference 
in scheduling for lifting in accordance with this subsection.
    ``(B) The Governor of the State of Hawaii shall not certify more 
than one eligible entity under this paragraph for each notice of sale.
    ``(C) If the Secretary has notified the Governor of the State of 
Hawaii that a company has been barred from bidding (either prior to, or 
at the time that a notice of sale is issued), the Governor shall not 
certify such company under the paragraph.
    ``(7) As used in this subsection--
            ``(A) the term `binding offer' means a bid submitted by the 
        State of Hawaii or an eligible entity for an assured award of a 
        specific quantity of petroleum product, with a price to be 
        calculated pursuant to this Act, that obligates the offeror to 
        take title to the petroleum product without further negotiation 
        or recourse to withdraw the offer;
            ``(B) the term `category of petroleum' means the master 
        line items within a notice of sale;
            ``(C) the term `eligible entity' means an entity that owns 
        or controls a refinery that is located within the State of 
        Hawaii;
            ``(D) the term `full tanker load' means a tanker of 
        approximately 700,000 barrels of capacity, or such lesser 
        tanker capacity as may be designated by the State of Hawaii or 
        the eligible entity submitting the binding offer;
            ``(E) the term `offering' means a solicitation for bids for 
        a quantity or quantities of petroleum product from the 
        Strategic Petroleum Reserve as specified in the notice of sale; 
        and
            ``(F) the term `notice of sale' means the document that 
        announces--
                    ``(i) the sale of strategic petroleum reserve 
                products;
                    ``(ii) the quantity, characteristics, and location 
                of the petroleum product being sold;
                    ``(iii) the delivery period for the sale; and
                    ``(iv) the procedures for submitting offers.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 180 days after the date of enactment of 
this Act or the date that final regulations are promulgated pursuant to 
section 3, whichever is sooner.

SEC. 402. REGULATIONS.

    (a) In General.--The Secretary shall promulgate such regulations as 
are necessary to carry out section 2.
    (b) Plan Amendments.--No amendment of the Strategic Petroleum 
Reserve Plan or the Distribution Plan contained in the Strategic 
Petroleum Reserve Plan is required for any action taken under this Act 
if the Secretary determines that an amendment to the plan is necessary 
to carry out this section.
    (c) Administrative Procedure.--Regulations issued to carry out this 
Act shall not be subject to--
            (1) section 523 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6393); or
            (2) section 501 of the Department of Energy Organization 
        Act (42 U.S.C. 7191).

         TITLE V--DEPARTMENT OF ENERGY TECHNOLOGY PARTNERSHIPS

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Department of Energy National 
Competitiveness Technology Partnership Act of 1994''.

SEC. 502. DEFINITIONS.

    For purposed of this title, the term--
            (a) ``Department'' means the United States Department of 
        Energy; and
            (b) ``Secretary'' means the Secretary of the United States 
        Department of Energy.

SEC. 503. COMPETITIVENESS AMENDMENT TO THE DEPARTMENT 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 industry;
            ``(2) the extensive scientific and technical investment in 
        people, facilities and equipment in the departmental 
        laboratories can contribute to the achievement 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 laboratories to the private 
        sector; however, the capabilities of the laboratories could be 
        made more fully accessible to United States industry and to 
        other Federal agencies;
            ``(4) technology development has been increasingly driven 
        by the commercial marketplace, and the private sector has 
        research and development capabilities 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 laboratories 
        and United States industry can provide significant benefits to 
        the Nation as a whole, including creation of jobs for United 
        States workers and improvement of the competitive position of 
        the United States in key sectors of the economy such as 
        aerospace, automotive, chemical and electronics.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to promote partnerships among the Department, the 
        departmental laboratories and the private sector;
            ``(2) to establish a goal for the amount of departmental 
        laboratory resources to be committed to partnerships;
            ``(3) to ensure that the Department and the departmental 
        laboratories play an appropriate role, consistent with the core 
        competencies of the laboratories, in implementing the 
        President's critical technology strategies;
            ``(4) to provide additional authority to the Secretary to 
        enter into partnerships with the private sector to carry out 
        research, development, demonstration and commercial application 
        activities;
            ``(5) to streamline the approval process for cooperative 
        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 section 12 of the Stevenson-
        Wydler Technology Innovation 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;
            ``(3) `critical technology' means a technology identified 
        in the Report of the National Critical Technologies 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 defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2)) or any other laboratory or facility designated 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, including any 
        not-for-profit organization dedicated to education that would 
        be exempt under section 501(a) of the Internal Revenue Code of 
        1986;
            ``(8) `minority college or university' means a historically 
        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 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 Laboratory, Brookhaven National 
        Laboratory, Idaho National Engineering Laboratory, Lawrence 
        Berkeley Laboratory, Lawrence Livermore National Laboratory, 
        Los Alamos National Laboratory, National Renewable 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 departmental laboratories undertakes 
        research, development, demonstration, commercial application or 
        technical assistance activities in cooperation with one or more 
        non-Federal partners and which may include partners from other 
        Federal agencies;
            ``(11) `Report of the National Critical Technologies 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
            ``(12) `small business' means a business concern that meets 
        the applicable standards prescribed pursuant 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 Department, the 
Secretary and the departmental laboratories may conduct research, 
development, demonstration or commercial application activities that 
build on the core competencies of the departmental laboratories.
    ``(2) In addition to missions established pursuant to other laws, 
the Secretary may assign to departmental laboratories any of the 
following missions:
            ``(A) National security, including the--
                    ``(i) advancement of the military application of 
                atomic energy;
                    ``(ii) support of the production of atomic weapons, 
                or atomic weapons parts, including special nuclear 
                materials;
                    ``(iii) support of naval nuclear propulsion 
                programs;
                    ``(iv) support for the dismantlement of atomic 
                weapons and the safe storage, transportation and 
                disposal of special nuclear materials;
                    ``(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 
                surveillance programs, and naval nuclear propulsion 
                programs and of technologies and techniques for the 
                reduction of environmental hazards and contamination 
                due to such waste and the environmental restoration of 
                sites affected by such waste;
                    ``(vi) development of technologies and techniques 
                needed for the effective negotiation and verification 
                of international arms control agreements and for the 
                containment of the proliferation of nuclear, chemical, 
                and biological weapons and delivery vehicles of such 
                weapons; and
                    ``(vii) protection of health and promotion of 
                safety in carrying out other national security 
                missions.
            ``(B) Energy-related science and technology, including 
        the--
                    ``(i) enhancement of the Nation's understanding of 
                all forms of energy production and use;
                    ``(ii) support of basic and applied research on the 
                fundamental nature of matter and energy, including 
                construction and operation of unique scientific 
                instruments;
                    ``(iii) development of energy resources, including 
                solar, geothermal, fossil, and nuclear energy 
                resources, and related fuel cycles;
                    ``(iv) pursuit of a comprehensive program 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
                    ``(vii) improvement of the quality of education in 
                science, mathematics, and engineering.
            ``(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 developed in 
        carrying out the primary missions identified 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 activities in the 
following areas:
            ``(i) developing and operating high-performance computing 
        and communications systems, with the goals of contributing to a 
        national information infrastructure and addressing complex 
        scientific and industrial challenges which require large-scale 
        computational capabilities;
            ``(ii) conducting research on and development of advanced 
        manufacturing systems and technologies, with the goal of 
        assisting the private sector in improving the productivity, 
        quality, energy efficiency, and control of manufacturing 
        processes;
            ``(iii) conducting research on and development of advanced 
        materials, with the goals of increasing energy efficiency, 
        environmental protection, 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 practicable, make use of partnerships. Such partnerships shall 
be for purposes of the following:
            ``(A) to lead to the development of technologies that the 
        private sector can commercialize in areas of technology with 
        broad application important to United States technological and 
        economic competitiveness;
            ``(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 researchers access 
        to departmental laboratory facilities; or
            ``(E) to provide technical expertise to universities, 
        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, cooperative research and 
development agreements, work for other agreements, user-facility 
agreements, cooperative agreements, grants, personnel exchange 
agreements and patent 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 departmental 
laboratories, shall utilize partnerships with United States industry, 
to the maximum extent practicable, to ensure that technologies 
developed in pursuit of the Department's missions are applied and 
commercialized in a timely manner.
    ``(d) The Secretary shall work with other Federal agencies to carry 
out research, development, demonstration or commercial application 
activities where the core competencies 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 allocate to cost-shared partnerships 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, 
development, demonstration and commercial application activities.
    ``(b) Beginning in fiscal year 1994, the Secretary shall establish 
an appropriate goal for the amount of resources to be committed to 
cost-shared partnerships with United States industry at other 
departmental laboratories.

``SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOPMENT OF CRITICAL 
              TECHNOLOGY STRATEGIES.

    ``(a) The Secretary shall develop a multi-year critical technology 
strategy for research, development, demonstration 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 departmental 
        laboratory;
            ``(2) develop goals and objectives for the appropriate role 
        of the Department in each of the critical technologies listed 
        in the report, taking into consideration the core competencies 
        of the departmental laboratories;
            ``(3) consult with appropriate representatives of United 
        States industry, including members of industry associations and 
        representatives of labor organizations; 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 economic 
benefits of any partnership accrue to the United States economy.
    ``(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 consultation 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 Laboratory 
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 departmental 
laboratory shall develop mechanisms for assessing the progress of each 
partnership.
    ``(2) The Secretary and the director of each departmental 
laboratory shall utilize the mechanisms developed 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 extent 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 subsection (a) to 
the Committees on Appropriations and Energy and Natural Resources of 
the Senate and to the appropriate committees of the House of 
Representatives. 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 partnership 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 and plan in a timely manner as prescribed by the Secretary to 
permit preparation of the report under subsection (a).
    ``(d) The Secretary's description of planned activities under 
subsection (a) shall include, to the extent such information is 
available, appropriate information on--
            ``(1) the total funds to be allocated to partnership 
        activities by the Secretary and by the director of each 
        departmental laboratory;
            ``(2) a breakdown of funds to be allocated by the Secretary 
        and by the director of each departmental laboratory for 
        partnership activities by areas of technology;
            ``(3) any plans for additional funds not described in 
        paragraph (2) to be set aside for partnerships during the 
        coming fiscal year;
            ``(4) any partnership that involves a Federal contribution 
        in excess of $500,000 the Secretary or the director of each 
        departmental laboratory expects to enter into in the coming 
        fiscal year;
            ``(5) the technologies that will be advanced by each 
        partnership that involves a Federal contribution in excess of 
        $500,000;
            ``(6) the types of entities that will be eligible for 
        participation in partnerships;
            ``(7) the nature of the partnership arrangements, including 
        the anticipated level of financial and in-kind contribution 
        from participants and any repayment terms;
            ``(8) the extent of use of competitive procedures in 
        selecting partnerships; and
            ``(9) such other information that the Secretary finds 
        relevant to the determination of the appropriate level of 
        Federal support for such partnerships.
    ``(e) The Secretary shall provide appropriate notice in advance to 
Congress of any partnership, which has not been described previously in 
the report required by subsection (a), that involves a Federal 
contribution in excess of $500,000.

``SEC. 1108. PARTNERSHIP PAYMENTS.

    ``(a)(1) Partnership agreements entered into by the Secretary may 
require a person or other entity to make payments to the Department, or 
any other Federal agency, as a condition for receiving support under 
the agreement.
    ``(2) The amount of any payment received by the Federal Government 
pursuant to a requirement imposed under paragraph (1) may be credited, 
to the extent authorized by the Secretary, to the account established 
under paragraph (3). Amounts so credited shall be available, subject to 
appropriations, for partnerships.
    ``(3) There is hereby established in the United States Treasury an 
account to be known as the `Department of Energy Partnership Fund'. 
Funds in such account shall be available to the Secretary for the 
support of partnerships.
    ``(b) The Secretary may advance funds under any partnership without 
regard to section 3324 of title 31 of the United States Code to--
            ``(1) small businesses;
            ``(2) not-for-profit organizations that would be exempt 
        under section 501(a) of the Internal Revenue Code of 1986; or
            ``(3) State or local governmental entities.

``SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD AND INDUSTRIAL 
              ADVISORY GROUPS AT MULTI-PROGRAM DEPARTMENTAL 
              LABORATORIES.

    ``(a)(1) The Secretary shall establish within the Department an 
advisory board to be known as the `Laboratory Partnership Advisory 
Board,' to provide the Secretary with advice on the implementation of 
this title.
    ``(2) The membership of the Laboratory Partnership Advisory Board 
shall consist of persons who are qualified to provide the Secretary 
with advice on the implementation of this title. Members of the Board 
shall include representatives primarily from United States industry but 
shall also include representatives from the following:
            ``(A) small businesses;
            ``(B) private sector entities owned or controlled by 
        disadvantaged persons;
            ``(C) educational institutions, including representatives 
        from minority colleges or universities;
            ``(D) laboratories of other Federal agencies; and
            ``(E) professional and technical societies in the United 
        States.
    ``(3) The Laboratory Partnership Advisory Board shall request 
comment and suggestions from departmental laboratories to assist the 
Board in providing advice to the Secretary on the implementation of 
this title.
    ``(b) The director of each multi-program departmental laboratory 
shall establish an advisory group consisting of persons from United 
States industry to--
            ``(1) evaluate new initiatives proposed by the departmental 
        laboratory;
            ``(2) identify opportunities for partnerships with United 
        States industry; and
            ``(3) evaluate ongoing programs at the departmental 
        laboratory from the perspective of United States industry.
    ``(c) Nothing in this section is intended to preclude the Secretary 
or the director of a departmental laboratory from utilizing existing 
advisory boards to achieve the purposes of this section.

``SEC. 1110. FELLOWSHIP PROGRAM.

    ``The Secretary shall encourage scientists, engineers and technical 
staff from departmental laboratories to serve as visiting fellows in 
research and manufacturing facilities of industrial organizations, 
State and local governments, and educational institutions in the United 
States and foreign countries. The Secretary may establish a formal 
fellowship program for this purpose or may authorize such activities on 
a case-by-case basis. The Secretary shall also encourage scientists and 
engineers from United States industry to serve as visiting scientists 
and engineers in the departmental laboratories.

``SEC. 1111. COOPERATION WITH STATE AND LOCAL PROGRAMS FOR TECHNOLOGY 
              DEVELOPMENT AND DISSEMINATION.

    ``The Secretary and the director of each departmental laboratory 
shall seek opportunities to coordinate their activities with programs 
of State and local governments for technology development and 
dissemination, including programs funded in part by the Secretary of 
Defense pursuant to section 2523 of title 10 of the United States Code 
and section 2513 of title 10 of the United States Code and programs 
funded in part by the Secretary of Commerce pursuant to sections 25 and 
26 of the Act of March 3, 1901 (15 U.S.C. 278k and 278l) and section 
5121(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
278l note).

``SEC. 1112. AVAILABILITY OF FUNDS FOR PARTNERSHIPS.

    ``(a) All of the funds authorized to be appropriated to the 
Secretary for research, development, demonstration or commercial 
application activities, other than atomic energy defense programs, 
shall be available for partnerships to the extent such partnerships are 
consistent with the goals and objectives of such activities.
    ``(b) All of the funds authorized to be appropriated to the 
Secretary for research, development, demonstration or commercial 
application of dual-use technologies within the Department's atomic 
energy defense activities shall be available for partnerships to the 
extent such partnerships are consistent with the goals and objectives 
of such activities.
    ``(c) Funds authorized to be appropriated to the Secretary and made 
available for departmental laboratory-directed research and development 
shall be available for any partnership.

``SEC. 1113. PROTECTION OF INFORMATION.

    ``Section 12(c)(7) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a(c)(7)), relating to the protection of 
information, shall apply to the partnership activities undertaken by 
the Secretary and by the directors of the departmental laboratories.

``SEC. 1114. FAIRNESS OF OPPORTUNITY.

    ``(a) The Secretary and the director of each departmental 
laboratory shall institute procedures to ensure that information on 
laboratory capabilities and arrangements for participating in 
partnerships with the Secretary or the departmental laboratories is 
publicly disseminated.
    ``(b) Prior to entering into any partnership having a Federal 
contribution in excess of $5,000,000, the Secretary or director of a 
departmental laboratory shall ensure that the opportunity to 
participate in such partnership has been publicly announced to 
potential participants.
    ``(c) In cases where the Secretary or the director of a 
departmental laboratory believes a potential partnership activity would 
benefit from broad participation from the private sector, the Secretary 
or the director of such departmental laboratory may take such steps as 
may be necessary to facilitate formation of a United States industry 
consortium to pursue the partnership activity.

``SEC. 1115. PRODUCT LIABILITY.

    ``The Secretary, after consultation with the Laboratory Partnership 
Advisory Board established in section 1109, and the Attorney General 
shall enter into a memorandum of understanding establishing a 
consistent policy and standards regarding the liability of the United 
States, of the non-Federal entity operating a departmental laboratory 
and of any other party to a partnership for product liability claims 
arising from partnership activities. The Secretary and the director of 
each departmental laboratory shall, to the maximum extent practicable, 
incorporate into any partnership the policy and standards established 
in the memorandum of understanding.

``SEC. 1116. INTELLECTUAL PROPERTY.

    ``The Secretary shall, after consultation with the Laboratory 
Partnership Advisory Board established in section 1109, develop 
guidelines governing the application of intellectual property laws by 
the Secretary and by the director of each departmental laboratory in 
partnership arrangements.

``SEC. 1117. SMALL BUSINESS.

    ``(a) The Secretary shall develop simplified procedures and 
guidelines for partnerships involving small businesses to facilitate 
access to the resources and capabilities of the departmental 
laboratories.
    ``(b) Notwithstanding any other law, the Secretary may waive, in 
whole or in part, any cost-sharing requirement for a small business 
involved in a partnership if the Secretary determines that the cost-
sharing requirement would impose an undue hardship on the small 
business and would prevent the formation of the partnership.
    ``(c) Notwithstanding Section 12(d) of the Stevenson-Wydler 
Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), the Secretary may 
provide funds as part of a cooperative research and development 
agreement to a small business if the Secretary determines that the 
funds are necessary to prevent imposing an undue hardship on the small 
business and necessary for the formation of the cooperative research 
and development agreement.

``SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.

    ``Within one year after the date of enactment of this title, and 
annually thereafter, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the United States Senate and to the 
United States House of Representatives a report identifying 
opportunities for minority colleges and universities to participate in 
programs and activities being carried out by the Department or the 
departmental laboratories. The Secretary shall consult with 
representatives of minority colleges and universities in preparing the 
report. Such report shall--
            ``(a) describe ongoing education and training programs 
        being carried out by the Department or the departmental 
        laboratories with respect to or in conjunction with minority 
        colleges and universities in the areas of mathematics, science, 
        and engineering;
            ``(b) describe ongoing research, development demonstration 
        or commercial application activities involving the Department 
        or the departmental laboratories and minority colleges and 
        universities;
            ``(c) describe funding levels for the programs and 
        activities described in subsections (a) and (b);
            ``(d) identify ways for the Department or the departmental 
        laboratories to assist minority colleges and universities in 
        providing education and training in the fields of mathematics, 
        science, and engineering;
            ``(e) identify ways for the Department or the departmental 
        laboratories to assist minority colleges and universities in 
        entering into partnerships;
            ``(f) address the need for and potential role of the 
        Department or the departmental laboratories in providing to 
        minority colleges and universities the following:
                    ``(1) increased research opportunities for faculty 
                and students;
                    ``(2) assistance in faculty development and 
                recruitment and curriculum enhancement and development; 
                and
                    ``(3) laboratory instrumentation and equipment, 
                including computer equipment, through purchase, loan, 
                or other transfer;
            ``(g) address the need for and potential role of the 
        Department or departmental laboratories in providing funding 
        and technical assistance for the development of infrastructure 
        facilities, including buildings and laboratory facilities at 
        minority colleges and universities; and
            ``(h) make specific proposals and recommendations, together 
        with estimates of necessary funding levels, for initiatives to 
        be carried out by the Department or the department laboratories 
        to assist minority colleges and universities in providing 
        education and training in the areas of mathematics, science, 
        and engineering, and in entering into partnerships with the 
        Department or departmental laboratories.

``SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOLARSHIP PROGRAM.

    ``The Secretary shall establish a scholarship program for students 
attending minority colleges or universities and pursuing a degree in 
energy-related scientific, mathematical, engineering, and technical 
disciplines. The program shall include tuition assistance. The program 
shall provide an opportunity for the scholarship recipient to 
participate in an applied work experience in a departmental laboratory. 
Recipients of such scholarships shall be students deemed by the 
Secretary to have demonstrated (1) a need for such assistance and (2) 
academic potential in the particular area of study. Scholarships 
awarded under this program shall be known as Secretary of Energy 
Scholarships.''.
    (b) Conforming Amendment.--The table of contents of the Department 
of Energy Organization Act (42 U.S.C. 7101 et. seq.) is amended by 
adding at the end 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.''.

SEC. 504. NATIONAL ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM.

    The Secretary is encouraged to use partnerships to expedite the 
private sector deployment of advanced manufacturing technologies as 
required by section 2202(a) of the Energy Policy Act of 1992 (42 U.S.C. 
13502).

SEC. 505. NOT-FOR-PROFIT ORGANIZATIONS.

    The Secretary shall encourage the establishment of not-for-profit 
organizations, such as the Center for Applied Development of 
Environmental Technology (CADET), that will facilitate the transfer of 
technologies from the departmental laboratories to the private sector.

SEC. 506. CAREER PATH PROGRAM.

    (a) The Secretary, utilizing authority under other applicable law 
and the authority of this section, shall establish a career path 
program to recruit employees of the national laboratories to serve in 
positions in the Department.
    (b) Section 207 to title 18, United States Code, is amended by 
inserting after subsection (j)(6) the following:
            ``(7) National Laboratories.--(A) The restrictions 
        contained in subsections (a), (b), (c), and (d) shall not apply 
        to an appearance or communication made, or advice or aid 
        rendered by a person employed at a facility described in 
        subparagraph (B), if the appearance or communication is made on 
        behalf of the facility or the advice or aid is provided to the 
        contractor of the facility.
            ``(B) This paragraph applies to the following: Argonne 
        National Laboratory, Brookhaven National Laboratory, Idaho 
        National Engineering Laboratory, Lawrence Berkeley Laboratory, 
        Lawrence Livermore National Laboratory, Los Alamos National 
        Laboratory, National Renewable Energy Laboratory, Oak Ridge 
        National Laboratory, Pacific Northwest Laboratory, and Sandia 
        National Laboratories.''.
    (c) Section 27 of the Office of Federal Procurement Policy Act (41 
U.S.C. 423) is amended by inserting the following new subsection:
    ``(q) National Laboratories.--(1) The restrictions on obtaining a 
recusal contained in paragraphs (c)(2) and (c)(3) shall not apply to 
discussions of future employment or business opportunity between a 
procurement official and a competing contractor managing and operating 
a facility described in paragraph (3): Provided, That such discussions 
concern the employment of the procurement official at such facility.
    ``(2) The restrictions contained in paragraph (f)(1) shall not 
apply to activities performed on behalf of a facility described in 
paragraph (3).
    ``(3) This subsection applies to the following: Argonne National 
Laboratory, Brookhaven National Laboratory, Idaho National Engineering 
Laboratory, Lawrence Berkeley Laboratory, Lawrence Livermore National 
Laboratory, Los Alamos National Laboratory, National Renewable Energy 
Laboratory, Oak Ridge National Laboratory, Pacific Northwest 
Laboratory, and Sandia National Laboratories.''.

SEC. 507. DOE MANAGEMENT.

    (a) Section 202(a) of the Department of Energy Organization Act (42 
U.S.C. 7132(a)) is amended by striking ``Under Secretary'' and 
inserting in its place ``Under Secretaries''.
    (b) Section 202(b) of the Department of Energy Organization Act (42 
U.S.C. 7132(b)) is amended to read as follows--
    ``(b) There shall be in the Department three Under Secretaries 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 functions 
and duties the Secretary prescribes. The Under Secretaries shall be 
compensated at the rate for level III of the Executive Schedule under 
section 5314 of title 5, United States Code, and the General Counsel 
shall be compensated at the rate provided for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.''.

SEC. 508. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT.

    (a) Section 12(a) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(a)) is amended by striking ``, to the extent 
provided in any agency-approved joint work statement,''.
    (b) Section 12(b) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(b)) is amended by striking ``, to the extent 
provided in any agency-approved joint work statement,''.
    (c) Section 12(c)(5) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a(c)(5)) is amended--
            (1) by amending subparagraph (C)(i) to read as follows:
                    ``(C)(i) Any agency that has contracted with a non-
                Federal entity to operate a laboratory shall review and 
                approve, request specified modifications to, or 
                disapprove a cooperative research and development 
                agreement that is submitted by the director of such 
                laboratory within thirty days after such submission. If 
                an agency has requested specific modifications to a 
                cooperative research and development agreement, the 
                agency shall approve or disapprove any resubmission of 
                such cooperative research and development agreement 
                within fifteen days after such resubmission. Except as 
                provided in subparagraph (D), no agreement may be 
                entered into by a Government-owned, contractor-operated 
                laboratory under this section before approval of the 
                cooperative research and development agreement.'';
            (2) by amending subparagraph (C)(ii) to read as follows:
                    ``(ii) If an agency that has contracted with a non-
                Federal entity to operate a laboratory disapproves or 
                requests the modification of a cooperative research and 
                development agreement submitted under clause (i), the 
                agency shall promptly transmit a written explanation of 
                such disapproval or modification to the director of the 
                laboratory concerned.'';
            (3) by amending subparagraph (C)(iii) to read as follows:
                    ``(iii) Any agency that has contracted with a non-
                Federal entity to operate a laboratory shall develop 
                and provide to such laboratory a model cooperative 
                research and development agreement, and guidelines for 
                using such an agreement, for the purposes of 
                standardizing practices and procedures, resolving 
                common legal issues, and enabling negotiation and 
                review of a cooperative research and development 
                agreement to be carried out in a routine and prompt 
                manner.'';
            (4) by striking subparagraph (C)(iv);
            (5) by amending subparagraph (C)(v) to read as follows:
                    ``(iv) If an agency fails to complete a review 
                under clause (i) within any of the specified time-
                periods, the agency shall submit to the Congress, 
                within 10 days after the failure to complete the 
                review, a report on the reasons for such failure. The 
                agency shall, at the end of each successive 15-day 
                period thereafter during which such failure continues, 
                submit to Congress another report on the reasons for 
                the continued failure.'';
            (6) by striking subparagraph (c)(vi); and
            (7) by amending subparagraph (D) to read as follows:
                    ``(D)(i) Any agency that has contracted with a non-
                Federal entity to operate a laboratory may permit the 
                director of a laboratory to enter into a cooperative 
                research and development agreement without the 
                submission, review, and approval of the agreement under 
                subparagraph (C)(i) if: the Federal share under the 
                agreement does not exceed $500,000 per year, or any 
                amount the head of the agency may prescribe; the text 
                of the cooperative research and development agreement 
                is consistent with a model agreement under subparagraph 
                (C)(iii); the agreement is entered into in accord with 
                the agency's guidelines under paragraph (C)(iii); and 
                the agreement is consistent with and furthers an 
                assigned laboratory mission.
                    ``(ii) The director of a laboratory shall notify 
                the head of the agency of the purpose and scope of an 
                agreement entered into under this subparagraph. The 
                agency shall include in its annual report required by 
                section 11(f) of this Act (15 U.S.C. 3710(f)) an 
                assessment of the implementation of this subparagraph 
                including a summary of agreements entered into by 
                laboratory directors under this subparagraph.''.
    (d) Section 12(d) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(d)) is amended--
            (1) in paragraph (1) by inserting ``and'' after the second 
        semicolon;
            (2) in paragraph (2)--
                    (A) by striking ``substantial'' before ``purpose'' 
                in subparagraph (B);
                    (B) by striking ``the primary purpose'' and 
                inserting ``one of the purposes'' in subparagraph (C); 
                and
                    (C) by striking ``; and'' the second time it 
                appears and inserting a period; and
            (3) by striking paragraph (3).

SEC. 509. GUIDELINES.

    The implementation of the provisions of this Act shall not be 
delayed pending the issuance of guidelines, policies or standards 
required by sections 1105, 1115 and 1116 of the Department of Energy 
Organization Act (42 U.S.C. 7101 et. seq.) as added by section 3 of 
this Act.

SEC. 510. AUTHORIZATION.

    (a) In addition to funds made available for partnerships under 
section 1112 of the Department of Energy Organization Act (42 U.S.C. 
7101 et. seq.) as added by section 3 of this Act, there is authorized 
to be appropriated from funds otherwise available to the Secretary:
            (1) for partnership activities with industry in areas other 
        than atomic energy defense activities $100,000,000 for fiscal 
        year 1994, $140,000,000 for fiscal year 1995, $180,000,000 for 
        fiscal year 1996 and 220,000,000 for fiscal year 1997; and
            (2) for partnership activities with industry involving 
        dual-use technologies within the Department's atomic energy 
        defense activities $240,000,000 for fiscal year 1994, 
        $290,000,000 for fiscal year 1995, $350,000,000 for fiscal year 
        1996 and $400,000,000 for fiscal year 1997.
    (b) There is authorized to be appropriated to the Secretary for the 
Minority College and University Scholarship Program established in 
section 1119 of the Department of Energy Organization Act (42 U.S.C. 
7101 et. seq.) as added by section 3 of this Act $1,000,000 for fiscal 
year 1994, $2,000,000 for fiscal year 1995 and $3,000,000 for fiscal 
year 1996.
    (c) There is authorized to be appropriated to the Secretary for 
research or educational programs, carried out through partnerships or 
otherwise, and for related facilities and equipment that involve 
minority colleges or universities such sums as may be necessary.

            Passed the Senate September 30 (legislative day, September 
      12), 1994.

            Attest:






                                                             Secretary.

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