[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 473 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 473

 To promote the industrial competitiveness and economic growth of the 
United States by strengthening the linkages between the laboratories of 
 the Department of Energy and the private sector and by supporting the 
 development and application of technologies critical to the economic, 
scientific and technological competitiveness of the United States, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 2 (legislative day, January 5), 1993

Mr. Johnston (for himself, Mr. Wallop, Mr. Bingaman, Mr. Domenici, Mr. 
   Ford, Mr. Mathews, Mr. Gorton, and Mr. Kempthorne) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To promote the industrial competitiveness and economic growth of the 
United States by strengthening the linkages between the laboratories of 
 the Department of Energy and the private sector and by supporting the 
 development and application of technologies critical to the economic, 
scientific and technological competitiveness of the United States, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Competitiveness Technology Partnership Act of 1993''.

SEC. 2. COMPETITIVENESS AMENDMENT TO THE DEPARTMENT OF ENERGY 
              ORGANIZATION ACT.

    The Department of Energy Organization Act is amended by adding at 
the end the following new title (42 U.S.C. 7101 et seq.):

                  ``TITLE XI--TECHNOLOGY PARTNERSHIPS

``SEC. 1101. FINDINGS, PURPOSES AND DEFINITIONS.

    ``(a) Findings.--Congress finds that--
            ``(1) the United States Department of Energy has scientific 
        and technical capabilities and resources within the 
        departmental laboratories in virtually every area of importance 
        to the economic, scientific and technological competitiveness 
        of United States industry;
            ``(2) the extensive scientific and technical investments in 
        people, facilities and equipment in the Department of Energy 
        laboratories can be applied to achieve national technology 
        goals in areas such as the environment, health, space, and 
        transportation;
            ``(3) the Department of Energy has pursued aggressively the 
        transfer of technology from departmental laboratories to the 
        private sector, but the capabilities of the laboratories could 
        be made more fully available to United States industry;
            ``(4) technology development has been increasingly driven 
        by the commercial marketplace and private firms have 
        extraordinary research and development capabilities in a broad 
        range of generic technologies;
            ``(5) in carrying out their missions, the Department and 
        the departmental laboratories would greatly benefit from closer 
        collaboration and partnership with United States industry; and
            ``(6) partnerships between the departmental laboratories 
        and United States industry can provide significant benefits to 
        the Nation as a whole, including the creation of high-paying, 
        high value-added jobs for United States workers and the 
        improvement of the competitiveness of United States firms in 
        key sectors such as the aerospace, automotive, chemical and 
        electronics sectors.
    ``(b) Purposes.--The purposes of this title are to--
            ``(1) enhance partnerships between the private sector and 
        the Department and the departmental laboratories and to 
        establish a minimum goal for the percentage of the multi-
        program departmental laboratory budgets devoted to 
        partnerships;
            ``(2) ensure that the Department and the departmental 
        laboratories play an appropriate role, consistent with their 
        core competencies, in implementing the President's critical 
        technology strategies;
            ``(3) provide additional authority to the Secretary to 
        enter into partnerships with the private sector in pursuit of 
        research, development, demonstration and commercial application 
        activities; and
            ``(4) streamline the process by which cooperative research 
        and development agreements proposed by the departmental 
        laboratories receive final disposition within the Department.
    ``(c) Definitions.--For the purposes of this title--
            ``(1) `core competency' means an area in which the 
        Secretary determines a departmental laboratory has developed 
        expertise and demonstrated capabilities;
            ``(2) `critical technology' means a technology identified 
        in the National Critical Technologies Report;
            ``(3) `Department' means the United States Department of 
        Energy;
            ``(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));
            ``(5) `disadvantaged' has the same meaning as such 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 any other institution of higher 
        education where enrollment includes a substantial percentage of 
        students who are disadvantaged;
            ``(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) `National Critical Technologies Report' 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));
            ``(11) `partnership' means an arrangement, including an 
        arrangement under section 1109, under which the Secretary or 
        one or more departmental laboratories undertakes research, 
        development, demonstration or commercial application activities 
        for the mutual benefit of the partners in cooperation with one 
        or more participants from among the following: an educational 
        institution, private sector entity, State governmental entity, 
        or other Federal agency; and
            ``(12) `Secretary' means the Secretary of the United States 
        Department of Energy.

``SEC. 1102. ESTABLISHMENT OF PARTNERSHIPS.

    ``The Secretary and the director of each departmental laboratory 
may enter into any partnership that will enhance the economic, 
scientific or technological competitiveness of United States industry 
utilizing the authority of this title or the authority available to the 
Secretary or the directors under the following--
            ``(a) the Atomic Energy Act of 1954;
            ``(b) the Federal Nonnuclear Energy Research and 
        Development Act of 1974;
            ``(c) the Energy Policy Act of 1992;
            ``(d) the Stevenson-Wydler Technology Innovation Act of 
        1980;
            ``(e) the National Competitiveness Technology Transfer Act 
        of 1989;
            ``(f) the Federal Technology Transfer Act of 1986;
            ``(g) the ``Renewable Energy and Energy Efficiency 
        Technology Competitiveness Act of 1989;
            ``(h) the Bayh-Dole Patent and Trademark Act of 1980; or
            ``(i) the National Cooperative Research Act of 1984.

``SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS BETWEEN MULTI-
              PROGRAM DEPARTMENTAL LABORATORIES AND UNITED STATES 
              INDUSTRY.

    ``(a) Beginning in fiscal year 1994, the Secretary shall establish 
a goal to allocate not less than 10 percent of the annual budget of 
each multi-program departmental laboratory to cost-shared partnerships 
with United States industry.
    ``(b) 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. 1104. DEPARTMENT ROLE 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 each critical 
technology listed in the National Critical Technologies Report.
    ``(b) In developing such strategy, the Secretary shall--
            ``(1) develop goals and objectives for the appropriate role 
        of the Department in each of the critical technologies listed 
        in the report, building on the core competencies of the 
        departmental laboratories;
            ``(2) consult with appropriate representatives of United 
        States industry, including members of United States industry 
        associations and representatives of labor organizations in the 
        United States; and
            ``(3) participate in the executive branch process to 
        develop critical technology strategies such as required by 
        section 822 of the National Defense Authorization Act for 
        Fiscal Years 1992 and 1993 (Public Law 102-190).

``SEC. 1105. MISSION STATEMENT.

    ``(a) The Secretary, and the director of each departmental 
laboratory, may enter into partnerships that build on the core 
competencies of the departmental laboratories to conduct research, 
development, demonstration or commercial application activities in 
those areas listed in the biennial National Critical Technologies 
Report or in any of the following areas--
            ``(1) energy efficiency, including efficiency in power 
        generation, transmission, and utilization; energy conservation 
        technologies; process technologies; and transportation;
            ``(2) energy supply, including alternative fuels; advanced 
        forms of renewable energy; advanced clean coal technologies; 
        coal liquefaction and synthetic fossil fuels; advanced oil and 
        gas recovery; advanced nuclear reactor technologies; fusion 
        technologies; biofuel technologies; electricity transmission, 
        distribution, and storage; and energy forecasting;
            ``(3) high-performance computing, including programs to 
        develop and use new computer architectures such as large scale 
        parallel computers, real-time visualization, powerful 
        scientific workstations, high-speed networking, new computer 
        software and algorithms; programs to develop advanced materials 
        for the communication and computing industry such as new 
        memories, optical switches or optical storage disks; programs 
        to address complex scientific challenges such as understanding 
        global climate change, hydrologic modeling, and fundamental 
        combustion processes; and programs with other agencies and the 
        private sector for the development and use of high-performance 
        computer research networks;
            ``(4) the environment, including global climate change; 
        protection of ecological systems; environmental restoration and 
        waste management; and development of technologies for 
        biogeochemical dynamics, toxicology, remote sensing, 
        biotechnology, risk analysis, and environmental assessment;
            ``(5) human health, including radiopharmaceutical and laser 
        applications; mapping of the human genome; structural biology; 
        development of technologies for nuclear and diagnostic medicine 
        and radiation biology, including cancer therapies; and 
        development of sensors, electronics and information systems to 
        lower health care costs;
            ``(6) advanced manufacturing technologies, including laser 
        technologies, robotics and intelligent machines; 
        semiconductors, superconductors, microelectronics, photonics, 
        optoelectronics, and advanced displays; x-ray lithography; 
        sensor and process controls; and those technologies that may 
        affect energy production, energy efficiency, environmental 
        protection or waste minimization;
            ``(7) advanced materials, including materials that may 
        increase efficiency in energy generation, conversion, 
        transmission and use; synthesis and processing for improved and 
        new materials; materials to promote waste minimization and 
        environmental protection; and new and improved methods, 
        techniques, and instruments to characterize and analyze 
        properties of materials;
            ``(8) transportation technologies, including those that 
        will improve the efficiency of and reduce the energy 
        consumption and environmental impact associated with 
        conventional transportation technologies;
            ``(9) space technologies, including space-based sensors for 
        environmental monitoring, climate modeling, and radio-
        biological studies;
            ``(10) quality technologies, including reliability 
        engineering, failure analysis, statistical process control, 
        nondestructive testing and inspection techniques, concurrent 
        engineering and design practices for reliability and 
        testability used to ensure product and process quality 
        specifications are met;
            ``(11) technologies listed in the annual defense critical 
        technologies plan submitted to Congress by the Secretary of 
        Defense pursuant to section 2506(e) of title 10, United States 
        Code; and
            ``(12) any other generic, precompetitive technology or 
        other critical technology identified by the Secretary.
    ``(b) The Secretary, and the directors of the departmental 
laboratories, shall utilize partnerships with United States industry to 
ensure that technologies developed in pursuit of the Department's 
missions are rapidly applied and commercialized. In carrying out the 
Department's missions, the Secretary, and the directors of the 
departmental laboratories, shall, to the maximum extent practicable, 
work in partnership with United States industry and educational 
institutions.
    ``(c) The Secretary shall work with other Federal agencies to carry 
out research, development, demonstration, or commercial application 
activities where the core competencies of the Department and the 
departmental laboratories could contribute to the missions of such 
other agencies.

``SEC. 1106. PARTNERSHIP PREFERENCES.

    ``(a) 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 similar preference under this title.
    ``(b) The Secretary shall issue guidelines to describe the 
application of section 12(c)(4) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a(c)(4)) to partnerships as 
prescribed by section (a).
    ``(c) The Secretary shall encourage partnerships that involve 
minority colleges or universities or private sector entities owned or 
controlled by disadvantaged individuals.

``SEC. 1107. EVALUATION OF PARTNERSHIP PROGRAMS.

    ``(a) The Secretary shall develop mechanisms for independent 
evaluation of the accomplishments 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 accomplishments 
of each partnership and for measuring the progress of each such 
partnership.
    ``(2) The Secretary and the director of each departmental 
laboratory shall utilize mechanisms developed under subparagraph (1) to 
evaluate the success of each ongoing multiyear partnership and shall 
condition continued funding of each such partnership on demonstrated 
progress.

``SEC. 1108. 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 1110.
    ``(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 current partnership activities 
and a plan and such other information as the Secretary may reasonably 
require describing the partnership activities the director expects will 
be carried out by such laboratory 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 in each area of technology identified in 
        section 1105(a);
            ``(3) plans for additional funds not described in 
        subparagraph (2) to be set aside for partnerships during the 
        coming fiscal year;
            ``(4) the partnerships the Secretary and the director of 
        each departmental laboratory expects to undertake in the coming 
        fiscal year;
            ``(5) the technologies that will be advanced by 
        partnerships and the anticipated benefits of such technologies;
            ``(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 the 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 involving the expenditure of departmental 
funds not described in the report under subsection (a).

``SEC. 1109. COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AUTHORITY.

    ``(a) The Secretary, in carrying out partnerships, may enter into 
cooperative agreements and other transactions with any person, any 
agency or instrumentality of the United States, any unit of State or 
local government, any educational institution, and any other entity.
    ``(b)(1) Cooperative agreements and other transactions entered into 
by the Secretary under subsection (a) may include a clause that 
requires a person or other entity to make payments to the Department 
(or any other department or agency of the Federal Government) as a 
condition for receiving support under the agreement or other 
transaction.
    ``(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 subsection (e). Amounts so credited shall be merged with other 
funds in the account and shall be available for the same purposes and 
the same period for which other funds in such account are available.
    ``(c) The authority provided under subsection (a) may be exercised 
without regard to section 3324 of title 31 of the United States Code.
    ``(d) The Secretary shall ensure that--
            ``(1) to the maximum extent practicable, a cooperative 
        agreement or other transaction under this section does not 
        provide for activities that duplicate activities being 
        conducted under existing programs carried out by the 
        Department;
            ``(2) to the extent the Secretary determines practicable, 
        the funds provided by the Government under the cooperative 
        agreement or other transaction do not exceed the total amount 
        provided by other parties to the cooperative agreement or other 
        transaction; and
            ``(3) the authority under this section is used only when 
        the use of contracts or grants is not feasible or appropriate.
    ``(e) There is hereby established in the Treasury an account for 
support of partnerships provided for in cooperative agreements and 
other transactions entered into under subsection (a). Funds in such 
account shall be available to the Secretary for the payment of such 
support.

``SEC. 1110. 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 prominent representatives primarily from United States 
industry, but also from educational institutions, Federal laboratories 
of agencies other than the Department, and professional and technical 
societies in the United States who are qualified to provide the 
Secretary with advice on the implementation of this title.
    ``(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 individuals with 
experience in the industrial sector to--
            ``(1) evaluate new initiatives proposed by the departmental 
        laboratory and identify opportunities for partnerships with 
        United States industry on those initiatives; and
            ``(2) 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. 1111. FELLOWSHIP PROGRAM.

    ``The Secretary shall establish a program to encourage scientists 
and engineers from departmental laboratories to serve as visiting 
scientists and engineers in the research facilities of governments, 
educational institutions and industrial organizations in the United 
States and foreign countries.

``SEC. 1112. COOPERATION WITH STATE PROGRAMS FOR TECHNOLOGY DEVELOPMENT 
              AND DISSEMINATION.

    ``The Secretary and the director of each multi-program 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. 1113. 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 activities, 
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, except for the naval nuclear propulsion 
program, shall be available for partnerships to the extent such 
partnerships are consistent with the goals and objectives of such 
activities.

``SEC. 1114. PROTECTION OF INFORMATION.

    ``Section 12(c)(7) of the Stevenson-Wydler Technology Innovation 
Act of 1980, 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. 1115. EQUALITY OF ACCESS.

    ``(a) The Secretary and the director of each departmental 
laboratory shall institute such procedures as needed to ensure that 
information on opportunities to participate in partnerships with the 
Secretary or the departmental laboratories is widely disseminated.
    ``(b) 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. 1116. PRODUCT LIABILITY.

    ``The Secretary and the Attorney General shall enter into a 
memorandum of understanding to establish a consistent policy and 
standards regarding the liability of the United States, the non-federal 
entity operating a departmental laboratory and of any other party to a 
partnership for claims arising from partnership activities. The 
Secretary and the director of each departmental laboratory shall, to 
the maximum extent practicable, incorporate into any partnership 
arrangement the standards established in the memorandum of 
understanding.

``SEC. 1117. INTELLECTUAL PROPERTY.

    ``(a) The Secretary shall develop guidelines to govern the 
distribution of intellectual property resulting from a cost-shared 
partnership. Such guidelines shall ensure, to the maximum extent 
practicable, that the intellectual property provisions of any 
partnership arrangement administered by a non-federal entity operating 
a departmental laboratory:
            ``(1) maximize the competitiveness of United States 
        industry; and
            ``(2) are uniform among the departmental laboratories.
    ``(b) The Secretary shall ensure that the management and operating 
contracts between the Secretary and the non-federal entities operating 
the departmental laboratories are uniform with respect to provisions 
governing the administration of intellectual property in partnership 
arrangements involving departmental laboratories.''.

SEC. 3. MINORITY COLLEGE AND UNIVERSITY REPORT.

    Within one year after the date of enactment of this provision, the 
Secretary of Energy 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 addressing 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 current 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 current research, development or demonstration 
        programs involving the Department or the departmental 
        laboratories and minority colleges and universities;
            (c) describe funding levels for the programs referred to in 
        subsection (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 
        minority colleges and universities:
                    (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 departmental 
        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. 4. CAREER PATH PROGRAM.

    (a) The Secretary shall establish a career path program to recruit 
employees of the national laboratories to serve in positions in the 
Department.
    (b) The Secretary may utilize the authorities in this section to 
carry out the career path program. In addition to these authorities, 
the Secretary may exercise the waiver authorities of section 208(b) of 
title 18, United States Code, and section 602(c) of the Department of 
Energy Organization Act, (42 U.S.C. section 7212(c)).
    (c) Section 207 of 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 an employee of a contractor managing and operating 
        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''.
    (d) Section 27 of the Office of Federal Procurement Policy Act, 41 
U.S.C. section 423, is amended by inserting after subsection (p) the 
following:
    ``(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. 5. INFORMATION INFRASTRUCTURE AND TECHNOLOGY.

    (a) Findings.--
            (1) High-performance computing and high-speed networking 
        have the potential to revolutionize many fields and to 
        contribute to the enhancement of the economic, scientific, and 
        technological competitiveness of United States industry.
            (2) The Federal Government should ensure that a coordinated 
        interagency program in partnership with the private sector is 
        available to identify and promote applications of high-
        performance computing and high-speed networking that will 
        significantly improve the use of information, foster and 
        strengthen research and development capabilities, and enhance 
        the competitiveness of United States industry.
    (b) Purpose.--
            The purpose of this section is to--
                    (1) ensure the widest possible application of high-
                performance computing and high-speed networking in the 
                United States; and
                    (2) provide for partnerships that will enhance 
                Federal and private efforts to deploy and commercialize 
                these technologies as part of a national information 
                infrastructure.
    (c) National Information Infrastructure Development Program.--The 
High-Performance Computing Act of 1991 (Public Law 101-425) is 
amended--
            (1) in section 101, by adding after paragraph (2) a new 
        paragraph (3) as follows and renumbering subsequent paragraphs 
        accordingly:
            ``(3) The Program shall also--
                    ``(A) provide for a coordinated interagency effort 
                in partnership with the private sector to develop, 
                deploy, and commercialize high-performance computing 
                and high-speed networking technologies through a 
                national information infrastructure for applications 
                in--
                            ``(i) education,
                            ``(ii) health care,
                            ``(iii) manufacturing,
                            ``(iv) digital information,
                            ``(v) energy demand management,
                            ``(vi) environmental monitoring and 
                        remediation;
                            ``(vii) financial services; and
                            ``(viii) such other fields as the President 
                        deems appropriate;
                    ``(B) set forth the role of the Network in making 
                the benefits of applications of high-performance 
                computing and high-speed networking available to United 
                States research and educational institutions, 
                government and industry in every State through a 
                national information infrastructure; and
                    ``(C) otherwise ensure that services and 
                applications of high-performance computing and high-
                speed networking technologies are available as needed 
                to United States industry, government and academia.''.
            (2) In section 203 by adding at the end thereof a new 
        subsection (f) as follows:
            ``(f)(1) The Secretary of Energy shall, consistent with the 
        Program, provide for cooperative, cost-shared projects 
        involving the Department of Energy or one or more Department of 
        Energy laboratories and appropriate non-Federal entities to 
        develop, test and apply high-performance computing and high-
        speed networking technologies for--
                    ``(A) education and training, including science, 
                mathematics and engineering education and practical 
                post-secondary training in skills needed by United 
                States industry;
                    ``(B) health care, including remote diagnosis and 
                monitoring;
                    ``(C) manufacturing;
                    ``(D) energy demand management and control, 
                including vehicle efficiency and utilization, energy 
                efficiency in commercial and residential buildings, and 
                industrial energy use and practices;
                    ``(E) scientific, technical and energy information 
                dissemination and analysis, including exhibits and 
                model experiments;
                    ``(F) technology transfer among the Department of 
                Energy laboratories, United States industry and 
                educational institutions;
                    ``(G) environmental monitoring, modeling and 
                remediation;
                    ``(H) financial services, including security and 
                data base management of financial data; and
                    ``(I) such other areas as the Secretary deems 
                appropriate.
            ``(2) In carrying out projects under subparagraph (1), the 
        Secretary shall, where appropriate, seek to address the 
        technical, architectural, economic, regulatory, and market 
        considerations critical to further development of a national 
        information infrastructure.
            ``(3) There is authorized to be appropriated to the 
        Secretary of Energy for purposes of this subsection $50,000,000 
        for fiscal year 1994, $100,000,000 for fiscal year 1995 and 
        $150,000,000 for fiscal year 1996.''.

SEC. 6. AVLIS COMMERCIALIZATION.

    (a) Predeployment Contractor.--Not later than ninety days after the 
date of enactment of this Act, the Secretary shall solicit proposals 
for a commercial predeployment contractor to conduct such activities as 
may be necessary to enable the Secretary or any successor to the 
Secretary's uranium enrichment enterprise to deploy a commercial 
uranium enrichment plant using the Atomic Vapor Laser Isotope 
Separation (AVLIS) technology. Such activities shall include:
            (1) developing a transition plan for transferring the AVLIS 
        program from research, development, and demonstration 
        activities at the Lawrence Livermore National Laboratory to 
        deployment of a commercial AVLIS production plant;
            (2) confirming the technical performance of AVLIS 
        technology;
            (3) developing the economic and industrial assessments 
        necessary for the Secretary or his successor to make a 
        commercial decision whether to deploy AVLIS;
            (4) providing an industrial perspective for the planning 
        and execution of remaining demonstration program activities; 
        and
            (5) completing feasibility and risk studies necessary for a 
        commercial decision whether to deploy AVLIS, including 
        financing options.
    (b) Additional Activities.--Based upon the results of subsection 
(a), the Secretary may solicit additional proposals to complete the 
following activities:
            (1) site selection, site characterization, and 
        environmental documentation activities for a commercial AVLIS 
        plant;
            (2) engineering design of a production plant, developing a 
        project schedule, and initiating operations planning;
            (3) activities leading to obtaining necessary licenses from 
        the Nuclear Regulatory Commission; and
            (4) ensuring the successful integration of AVLIS technology 
        into the commercial nuclear fuel cycle.
    (c) Reports.--The Secretary shall submit to the Committee on Energy 
and Natural Resources of the United States Senate and to the Speaker of 
the House of Representatives a written report on the progress made 
toward the deployment of a commercial AVLIS production plant ninety 
days after the date of enactment of this Act and each ninety days 
thereafter.

SEC. 7. DOE MANAGEMENT.

    (a)(1) 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''.
    (2) 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.''.
    (b) Section 203(a) of the Department of Energy Organization Act (42 
U.S.C. 7133(a)) is amended by striking ``eight Assistant Secretaries'' 
and inserting in its place ``eleven Assistant Secretaries''.

SEC. 8. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT.

    Section 12(c)(5) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(c)(5)) is amended--
            (a) by deleting subparagraph (C)(i) and inserting in lieu 
        thereof:
    ``(C)(i) Any agency which has contracted with a non-Federal entity 
to operate a laboratory shall review and approve, request specific 
modifications to, or disapprove a joint work statement and cooperative 
research and development agreement that is submitted by the director of 
such laboratory within thirty days after such submission. In any case 
where an agency has requested specific modifications to a joint work 
statement or cooperative research and development agreement, the agency 
shall approve or disapprove any resubmission of such joint work 
statement or cooperative research and development agreement within 
fifteen days after such resubmission. No agreement may be entered into 
by a Government-owned, contractor-operated laboratory under this 
section before both approval of the cooperative research and 
development agreement and a joint work statement.'';
            (b) by adding after ``joint work statement'' in 
        subparagraph (C)(ii) the words, ``or cooperative research and 
        development agreement''.
            (c) by deleting subparagraph (C)(iv).
            (d) by deleting subparagraph (C)(v) and inserting in lieu 
        thereof:
    ``(C)(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 ten 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 fifteen-day period thereafter during which such 
failure continues, submit to Congress another report on the reasons for 
the continuing failure.''.
            (e) by deleting subparagraph (C)(vi).

SEC. 9. GUIDELINES.

    The implementation of the provisions of this Act shall not be 
delayed pending the issuance of guidelines or standards required by 
sections 1106, 1116, and 1117 of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.) as added by section 2 of this Act.

SEC. 10. AUTHORIZATION.

    In addition to funds made available for partnerships under section 
1113 of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.) as added by section 2 of this Act, there is authorized to be 
appropriated from funds otherwise available to the Secretary--
            (a) 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
            (b) for partnership activities with industry involving 
        dual-use technologies within the Department's atomic energy 
        defense activities, except for the naval nuclear propulsion 
        program, $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.

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