[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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