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(2) SNS POWER
UPGRADE.—The term ‘‘SNS
power upgrade’’ means the Spallation Neutron Source
power upgrade described in the 20-year facilities plan
of the Office of Science of the Department.
(3) SNS SECOND TARGET STATION.—The term
‘‘SNS second target station’’ the Spallation Neutron
Source second target station described in the 20-year
facilities plan of the Office of Science of the Depart-
ment.
(4) SPALLATION NEUTRON SOURCE FACILITY.—
The terms ‘‘Spallation Neutron Source Facility’’ and
‘‘Facility’’ mean the completed Spallation Neutron
Source scientific user facility located at Oak Ridge
National Laboratory, Oak Ridge, Tennessee.
(5) SPALLATION NEUTRON SOURCE PROJECT.—
The terms ‘‘Spallation Neutron Source Project’’ and
‘‘Project’’ means Department Project 99–E–334, Oak
Ridge National Laboratory, Oak Ridge, Tennessee.
(b) SPALLATION NEUTRON SOURCE PROJECT.—
(1) IN GENERAL.—The Secretary shall submit to
Congress, as part of the annual budget request of the
President submitted to Congress, a report on progress
on the Spallation Neutron Source Project.
(2) CONTENTS.—The report shall include for the
Project—
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(A) a description of the achievement of
milestones;
(B) a comparison of actual costs to esti-
mated costs; and
(C) any changes in estimated Project costs
or schedule.
(c) SPALLATION NEUTRON SOURCE FACILITY PLAN.—
(1) IN GENERAL.—The Secretary shall develop
an operational plan for the Spallation Neutron
Source Facility that ensures that the Facility is em-
ployed to the full capability of the Facility in support
of the study of advanced materials, nanoscience, and
other missions of the Office of Science of the Depart-
ment.
(2) PLAN.—The operational plan shall—
(A) include a plan for the operation of an
effective scientific user program that—
(i) is based on peer review of proposals
submitted for use of the Facility;
(ii) includes scientific and technical
support to ensure that external users, in-
cluding researchers based at institutions of
higher education, are able to make full use
of a variety of high quality scientific in-
struments; and
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(iii) phases in systems upgrades to en-
sure that the Facility remains at the fore-
front of international scientific endeavors in
the field of the Facility throughout the oper-
ating life of the Facility;
(B) include an ongoing program to develop
new instruments that builds on the high per-
formance neutron source and that allows neutron
scattering techniques to be applied to a growing
range of scientific problems and disciplines; and
(C) address the status of and, to the max-
imum extent practicable, costs and schedules
for—
(i) full user mode operations of the Fa-
cility;
(ii) instrumentation built at the Facil-
ity during the operating phase through full
use of the experimental hall, including the
SING;
(iii) the SNS power upgrade; and
(iv) the SNS second target station.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) SPALLATION NEUTRON SOURCE PROJECT.—
There is authorized to be appropriated to carry out
the Spallation Neutron Source Project for the lifetime
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of the Project $1,411,700,000 for total project costs, of
which—
(A) $1,192,700,000 shall be used for the
costs of construction; and
(B) $219,000,000 shall be used for other
Project costs.
(2) SPALLATION NEUTRON SOURCE FACILITY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), there is authorized to be ap-
propriated for the Spallation Neutron Source
Facility for—
(i) the SING, $75,000,000 for fiscal
year 2006; and
(ii) 
the 
SNS 
power 
upgrade,
$160,000,000 for each of fiscal years 2007
and 2008.
(B) INSUFFICIENT STOCKPILES OF HEAVY
WATER.—If stockpiles of heavy water of the De-
partment are insufficient to meet the needs of the
Facility, there is authorized to be appropriated
for the Facility $172,000,000 for fiscal year
2007.
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Subtitle G—International
Cooperation
SEC. 981. WESTERN HEMISPHERE ENERGY COOPERATION.
(a) PROGRAM.—The Secretary shall carry out a pro-
gram to promote cooperation on energy issues with coun-
tries of the Western Hemisphere.
(b) ACTIVITIES.—Under the program, the Secretary
shall fund activities to work with countries of the Western
Hemisphere to—
(1) increase the production of energy supplies;
(2) improve energy efficiency; and
(3) assist in the development and transfer of en-
ergy supply and efficiency technologies that would
have a beneficial impact on world energy markets.
(c) PARTICIPATION
BY INSTITUTIONS
OF HIGHER
EDUCATION.—To the extent practicable, the Secretary shall
carry out the program under this section with the partici-
pation of institutions of higher education so as to take ad-
vantage of the acceptance of institutions of higher education
by countries of the Western Hemisphere as sources of unbi-
ased technical and policy expertise when assisting the Sec-
retary in—
(1) evaluating new technologies;
(2) resolving technical issues;
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(3) working with those countries in the develop-
ment of new policies; and
(4) training policymakers, particularly in the
case of institutions of higher education that involve
the participation of minority students, such as—
(A) Hispanic-serving institutions; and
(B) part B institutions.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
(1) $10,000,000 for fiscal year 2006;
(2) $13,000,000 for fiscal year 2007; and
(3) $16,000,000 for fiscal year 2008.
SEC. 982. COOPERATION BETWEEN UNITED STATES AND
ISRAEL.
(a) FINDINGS.—Congress finds that—
(1) on February 1, 1996, the United States and
Israel signed the agreement entitled ‘‘Agreement be-
tween the Department of Energy of the United States
of America and the Ministry of Energy and Infra-
structure of Israel Concerning Energy Cooperation’’,
(referred to in this section as the ‘‘Agreement’’) to es-
tablish a framework for collaboration between the
United States and Israel in energy research and de-
velopment activities;
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(2) the Agreement entered into force in February
2000;
(3) in February 2005, the Agreement was auto-
matically renewed for 1 additional 5-year period pur-
suant to Article X of the Agreement; and
(4) under the Agreement, the United States and
Israel may cooperate in energy research and develop-
ment in a variety of alternative and advanced energy
sectors.
(b) REPORT TO CONGRESS.—Not later than 90 days
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
and the Committee on Foreign Relations of the Senate and
the Committee on Energy and Commerce and the Com-
mittee on International Relations of the House of Rep-
resentatives a report that describes—
(1) the ways in which the United States and
Israel have cooperated on energy research and devel-
opment activities under the Agreement;
(2) projects initiated pursuant to the Agreement;
and
(3) plans for future cooperation and joint
projects under the Agreement.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that energy cooperation between the Governments of the
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United States and Israel is mutually beneficial in the devel-
opment of energy technology.
TITLE X—DEPARTMENT OF
ENERGY MANAGEMENT
SEC. 1001. AVAILABILITY OF FUNDS.
Funds authorized to be appropriated to the Depart-
ment under this Act or an amendment made by this Act
shall remain available until expended.
SEC. 1002. COST SHARING.
(a) APPLICABILITY.—Notwithstanding any other pro-
vision of law, in carrying out a research, development, dem-
onstration, or commercial application activity that is initi-
ated after the date of enactment of this section, the Sec-
retary shall require cost-sharing in accordance with this
section.
(b) RESEARCH AND DEVELOPMENT.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3) and subsection (f), the Secretary
shall require not less than 20 percent of the cost of a
research or development activity described in sub-
section (a) to be provided by a non-Federal source.
(2) EXCLUSION.—Paragraph (1) shall not apply
to a research or development activity described in
subsection (a) that is of a basic or fundamental na-
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ture, as determined by the appropriate officer of the
Department.
(3) REDUCTION.—The Secretary may reduce or
eliminate the requirement of paragraph (1) for a re-
search and development activity of an applied nature
if the Secretary determines that the reduction is nec-
essary and appropriate.
(c) DEMONSTRATION
AND
COMMERCIAL
APPLICA-
TION.—
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (f), the Secretary shall re-
quire that not less than 50 percent of the cost of a
demonstration or commercial application activity de-
scribed in subsection (a) to be provided by a non-Fed-
eral source.
(2) REDUCTION OF NON-FEDERAL SHARE.—The
Secretary may reduce the non-Federal share required
under paragraph (1) if the Secretary determines the
reduction to be necessary and appropriate, taking
into consideration any technological risk relating to
the activity.
(d) CALCULATION OF AMOUNT.—In calculating the
amount of a non-Federal contribution under this section,
the Secretary—
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(1) may include allowable costs in accordance
with the applicable cost principles, including—
(A) cash;
(B) personnel costs;
(C) the value of a service, other resource, or
third party in-kind contribution determined in
accordance with the applicable circular of the
Office of Management and Budget;
(D) indirect costs or facilities and adminis-
trative costs; or
(E) any funds received under the power
program of the Tennessee Valley Authority (ex-
cept to the extent that such funds are made
available under an annual appropriation Acts);
and
(2) shall not include—
(A) revenues or royalties from the prospec-
tive operation of an activity beyond the time
considered in the award;
(B) proceeds from the prospective sale of an
asset of an activity; or
(C) other appropriated Federal funds.
(e) REPAYMENT OF FEDERAL SHARE.—The Secretary
shall not require repayment of the Federal share of a cost-
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shared activity under this section as a condition of making
an award.
(f) EXCLUSIONS.—This section shall not apply to—
(1) a cooperative research and development
agreement under the Stevenson-Wydler Technology In-
novation Act of 1990 (15 U.S.C. 3701 et seq.);
(2) a fee charged for the use of a Department fa-
cility; or
(3) an award under—
(A) the small business innovation research
program under section 9 of the Small Business
Act (15 U.S.C. 638); or
(B) the small business technology transfer
program under that section.
SEC. 1003. MERIT REVIEW OF PROPOSALS.
Awards of funds authorized under this Act or an
amendment made by this Act shall be made only after an
impartial review of the scientific and technical merit of the
proposals for the awards has been carried out by or for the
Department.
SEC. 1004. EXTERNAL TECHNICAL REVIEW OF DEPART-
MENTAL PROGRAMS.
(a) NATIONAL ENERGY RESEARCH AND DEVELOPMENT
ADVISORY BOARDS.—
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(1) ESTABLISHMENT.—The Secretary shall estab-
lish 1 or more advisory boards to review research, de-
velopment, demonstration, and commercial applica-
tion programs of the Department in energy efficiency,
renewable energy, nuclear energy, and fossil energy.
(2) ALTERNATIVES.—The Secretary may—
(A) designate an existing advisory board
within the Department to fulfill the responsibil-
ities of an advisory board under this section; and
(B) enter into appropriate arrangements
with the National Academy of Sciences to estab-
lish such an advisory board.
(b) USE OF EXISTING COMMITTEES.—The Secretary
shall continue to use the scientific program advisory com-
mittees chartered under the Federal Advisory Committee
Act (5 U.S.C. App.) by the Office of Science to oversee re-
search and development programs under that Office.
(c) MEMBERSHIP.—Each advisory board under this
section shall consist of persons with appropriate expertise
representing a diverse range of interests.
(d) MEETINGS AND GOALS.—
(1) MEETINGS.—Each advisory board under this
section shall meet at least semiannually to review and
advise on the progress made by the respective 1 or
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more research, development, demonstration, and com-
mercial application programs.
(2) GOALS.—The advisory board shall review the
measurable cost and performance-based goals for the
programs as established under section 902, and the
progress on meeting the goals.
(e) PERIODIC REVIEWS AND ASSESSMENTS.—
(1) IN GENERAL.—The Secretary shall enter into
appropriate arrangements with the National Acad-
emy of Sciences to conduct periodic reviews and as-
sessments of—
(A) the programs authorized by this Act
and amendments made by this Act;
(B) the measurable cost and performance-
based goals for the programs as established under
section 902, if any; and
(C) the progress on meeting the goals.
(2) TIMING.—The reviews and assessments shall
be conducted every 5 years or more often as the Sec-
retary considers necessary.
(3) REPORTS.—The Secretary shall submit to
Congress reports describing the results of all the re-
views and assessments.
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SEC. 1005. IMPROVED TECHNOLOGY TRANSFER OF ENERGY
TECHNOLOGIES.
(a) TECHNOLOGY
TRANSFER
COORDINATOR.—The
Secretary shall appoint a Technology Transfer Coordinator
to be the principal advisor to the Secretary on all matters
relating to technology transfer and commercialization.
(b) QUALIFICATIONS.—The Coordinator shall be an in-
dividual who, by reason of professional background and ex-
perience, is specially qualified to advise the Secretary on
matters pertaining to technology transfer at the Depart-
ment.
(c) DUTIES OF THE COORDINATOR.—The Coordinator
shall oversee—
(1) the activities of the Technology Transfer
Working Group established under subsection (d);
(2) the expenditure of funds allocated for tech-
nology transfer within the Department;
(3) the activities of each technology partnership
ombudsman appointed under section 11 of the Tech-
nology Transfer Commercialization Act of 2000 (42
U.S.C. 7261c); and
(4) efforts to engage private sector entities, in-
cluding venture capital companies.
(d) TECHNOLOGY TRANSFER WORKING GROUP.—The
Secretary shall establish a Technology Transfer Working
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Group, which shall consist of representatives of the National
Laboratories and single-purpose research facilities, to—
(1) coordinate technology transfer activities oc-
curring at National Laboratories and single-purpose
research facilities;
(2) exchange information about technology trans-
fer practices, including alternative approaches to res-
olution of disputes involving intellectual property
rights and other technology transfer matters; and
(3) develop and disseminate to the public and
prospective technology partners information about op-
portunities and procedures for technology transfer
with the Department, including opportunities and
procedures related to alternative approaches to resolu-
tion of disputes involving intellectual property rights
and other technology transfer matters.
(e) TECHNOLOGY COMMERCIALIZATION FUND.—The
Secretary shall establish an Energy Technology Commer-
cialization Fund, using 0.5 percent of the amount made
available to the Department for each fiscal year, to be used
to provide matching funds with private partners to promote
promising technologies for commercial purposes.
(f) TECHNOLOGY TRANSFER RESPONSIBILITY.—Noth-
ing in this section affects the technology transfer respon-
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sibilities of Federal employees under the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(g) PLANNING AND REPORTING.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Secretary shall
submit to Congress a technology transfer execution
plan.
(2) UPDATES.—Each year after the submission
of the plan under paragraph (1), the Secretary shall
submit to Congress an updated execution plan and re-
ports that describe progress toward meeting goals set
forth in the execution plan and the funds expended
under subsection (e).
SEC. 1006. TECHNOLOGY INFRASTRUCTURE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) PROGRAM.—The term ‘‘Program’’ means the
Technology Infrastructure Program established under
subsection (b).
(2) TECHNOLOGY
CLUSTER.—The term ‘‘tech-
nology cluster’’ means a concentration of technology-
related business concerns, institutions of higher edu-
cation, or nonprofit institutions, that reinforce each
other’s performance in the areas of technology devel-
opment through formal or informal relationships.
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(3) 
TECHNOLOGY-RELATED
BUSINESS
CON-
CERN.—The term ‘‘technology-related business con-
cern’’ means a for-profit corporation, company, asso-
ciation, firm, partnership, or small business concern
that—
(A) conducts scientific or engineering re-
search;
(B) develops new technologies;
(C) manufactures products based on new
technologies; or
(D) performs technological services.
(b) ESTABLISHMENT.—The Secretary shall establish a
Technology Infrastructure Program in accordance with this
section.
(c) PURPOSE.—The purpose of the Program shall be
to improve the ability of National Laboratories and single-
purpose research facilities to support departmental mis-
sions by—
(1) stimulating the development of technology
clusters that can support departmental missions at
the National Laboratories or single-purpose research
facilities;
(2) improving the ability of National Labora-
tories and single-purpose research facilities to leverage
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and benefit from commercial research, technology,
products, processes, and services; and
(3) encouraging the exchange of scientific and
technological expertise between—
(A) National Laboratories or single-purpose
research facilities; and
(B) entities that can support departmental
missions at the National Laboratories or single-
purpose research facilities, such as—
(i) institutions of higher education;
(ii) technology-related business con-
cerns;
(iii) nonprofit institutions; and
(iv) agencies of State, tribal, or local
governments.
(d) PROJECTS.—The Secretary shall authorize the di-
rector of each National Laboratory or single-purpose re-
search facility to implement the Program at the National
Laboratory or facility through 1 or more projects that meet
the requirements of subsections (e) and (f).
(e) PROGRAM REQUIREMENTS.—
(1) IN
GENERAL.—Each project funded under
this section shall meet the requirements of this sub-
section.
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(2) ENTITIES.—Each project shall include at
least 1 of each of the following entities:
(A) A business.
(B) An institution of higher education.
(C) A nonprofit institution.
(D) An agency of a State, local, or tribal
government.
(3) COST-SHARING.—
(A) IN GENERAL.—The costs of carrying out
projects under this section shall be shared in ac-
cordance with section 1002.
(B) SOURCES.—The calculation of costs
paid by the non-Federal sources for a project
shall include cash, personnel, services, equip-
ment, and other resources expended on the
project after the commencement of the project.
(C) RESEARCH
AND
DEVELOPMENT
EX-
PENSES.—Independent research and development
expenses of Government contractors that qualify
for reimbursement under section 31.205–18(e) of
title 48, Code of Federal Regulations, issued pur-
suant to section 25(c)(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)(1)),
may be credited towards costs paid by non-Fed-
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eral sources to a project, if the expenses meet the
other requirements of this section.
(4) COMPETITIVE SELECTION.—A project under
this section shall be competitively selected using proce-
dures determined by the Secretary.
(5) ACCOUNTING.—Any participant that receives
funds under this section may use generally accepted
accounting principles for maintaining accounts,
books, and records relating to the project.
(6) DURATION.—No Federal funds shall be made
available under this section for a construction project
or for any project with a duration of more than 5
years.
(f) SELECTION CRITERIA.—
(1) DEPARTMENTAL
MISSIONS.—The Secretary
shall allocate funds under this section only if the Di-
rector of the National Laboratory or single-purpose
research facility managing the project determines that
the project is likely to improve the ability of the Na-
tional Laboratory or single-purpose research facility
to achieve technical success in meeting departmental
missions.
(2) OTHER CRITERIA.—In selecting a project to
receive Federal funds, the Secretary shall consider—
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(A) the potential of the project to promote
the development of a commercially sustainable
technology cluster following the period of invest-
ment by the Department, which will derive most
of the demand for its products or services from
the private sector, and which will support de-
partmental missions at the participating Na-
tional Laboratory or single-purpose research fa-
cility;
(B) the potential of the project to promote
the use of commercial research, technology, prod-
ucts, processes, and services by the participating
National Laboratory or single-purpose research
facility to achieve its mission or the commercial
development of technological innovations made
at the participating National Laboratory or sin-
gle-purpose research facility;
(C) the extent to which the project involves
a wide variety and number of institutions of
higher education, nonprofit institutions, and
technology-related business concerns that can
support the missions of the participating Na-
tional Laboratory or single-purpose research fa-
cility and that will make substantive contribu-
tions to achieving the goals of the project;
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(D) the extent to which the project focuses
on promoting the development of technology-re-
lated business concerns that are small businesses
or involves such small businesses substantively in
the project; and
(E) such other criteria as the Secretary de-
termines to be appropriate.
(g) ALLOCATION.—In allocating funds for projects ap-
proved under this section, the Secretary shall provide—
(1) the Federal share of the project costs; and
(2) additional funds to the National Laboratory
or single-purpose research facility managing the
project to permit the National Laboratory or single-
purpose research facility to carry out activities relat-
ing to the project, and to coordinate the activities
with the project.
(h) REPORT TO CONGRESS.—Not later than July 1,
2008, the Secretary shall submit to Congress a report on
whether the Program should be continued and, if so, how
the program should be managed.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary for activities
under this section $10,000,000 for each of fiscal years 2006
through 2008.
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SEC. 1007. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
(a) SMALL BUSINESS ADVOCATE.—The Secretary shall
require the Director of each National Laboratory, and may
require the Director of a single-purpose research facility,
to designate a small business advocate to—
(1) increase the participation of small business
concerns, including socially and economically dis-
advantaged small business concerns (as defined in sec-
tion 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4))), in procurement, collaborative research,
technology licensing, and technology transfer activi-
ties conducted by the National Laboratory or single-
purpose research facility;
(2) report to the Director of the National Lab-
oratory or single-purpose research facility on the ac-
tual participation of small business concerns in pro-
curement and collaborative research along with rec-
ommendations, if appropriate, on how to improve
participation;
(3) make available to small business concerns
training, mentoring, and information on how to par-
ticipate in procurement and collaborative research ac-
tivities;
(4) increase the awareness inside the National
Laboratory or single-purpose research facility of the
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capabilities and opportunities presented by small
business concerns; and
(5) establish guidelines for the program under
subsection (b) and report on the effectiveness of the
program to the Director of the National Laboratory
or single-purpose research facility.
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall require the Director
of each National Laboratory, and may require the Director
of a single-purpose research facility, to establish a program
to provide small business concerns with—
(1) assistance directed at making the small busi-
ness concerns more effective and efficient subcontrac-
tors or suppliers to the National Laboratory or single-
purpose research facilities; or
(2) general technical assistance, the cost of which
shall not exceed $10,000 per instance of assistance, to
improve the products or services of the small business
concern.
(c) USE
OF FUNDS.—None of the funds expended
under subsection (b) may be used for direct grants to small
business concerns.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary for activities
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under this section $5,000,000 for each of fiscal years 2006
through 2008.
SEC. 1008. OUTREACH.
The Secretary shall ensure that each program author-
ized by this Act or an amendment made by this Act includes
an outreach component to provide information, as appro-
priate, to manufacturers, consumers, engineers, architects,
builders, energy service companies, institutions of higher
education, facility planners and managers, State and local
governments, and other entities.
SEC. 1009. RELATIONSHIP TO OTHER LAWS.
Except as otherwise provided in this Act or an amend-
ment made by this Act, the Secretary shall carry out the
research, development, demonstration, and commercial ap-
plication programs, projects, and activities authorized by
this Act or an amendment made by this Act in accordance
with the applicable provisions of—
(1) the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.);
(2) the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Policy Act of 1992 (42 U.S.C.
13201 et seq.);
(4) the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.);
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(5) chapter 18 of title 35, United States Code
(commonly known as the ‘‘Bayh-Dole Act’’); and
(6) any other Act under which the Secretary is
authorized to carry out the programs, projects, and
activities.
SEC. 1010. IMPROVED COORDINATION AND MANAGEMENT
OF CIVILIAN SCIENCE AND TECHNOLOGY
PROGRAMS.
(a) EFFECTIVE TOP-LEVEL COORDINATION OF RE-
SEARCH AND DEVELOPMENT PROGRAMS.—Section 202 of
the Department of Energy Organization Act (42 U.S.C.
7132) is amended by striking subsection (b) and inserting
the following:
‘‘(b)(1) There shall be in the Department an Under
Secretary for Energy and Science, who shall be appointed
by the President, by and with the advice and consent of
the Senate.
‘‘(2) The Under Secretary shall be compensated at the
rate provided for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
‘‘(3) The Under Secretary for Energy and Science
shall be appointed from among persons who—
‘‘(A) have extensive background in scientific or
engineering fields; and
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HR 6 EAS
‘‘(B) are well qualified to manage the civilian
research and development programs of the Depart-
ment.
‘‘(4) The Under Secretary for Energy and Science
shall—
‘‘(A) serve as the Science and Technology Advi-
sor to the Secretary;
‘‘(B) monitor the research and development pro-
grams of the Department in order to advise the Sec-
retary with respect to any undesirable duplication or
gaps in the programs;
‘‘(C) advise the Secretary with respect to the
well-being and management of the multipurpose lab-
oratories under the jurisdiction of the Department;
‘‘(D) advise the Secretary with respect to edu-
cation and training activities required for effective
short- and long-term basic and applied research ac-
tivities of the Department;
‘‘(E) advise the Secretary with respect to grants
and other forms of financial assistance required for
effective short- and long-term basic and applied re-
search activities of the Department;
‘‘(F) bear primary responsibility for energy con-
servation; and
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‘‘(G) exercise authority and responsibility over
Assistant Secretaries carrying out energy research
and development and energy technology functions
under sections 203 and 209, as well as other elements
of the Department assigned by the Secretary.’’.
(b) RECONFIGURATION OF POSITION OF DIRECTOR OF
THE OFFICE OF SCIENCE.—
(1) IN GENERAL.—Section 209 of the Depart-
ment of Energy Organization Act (41 U.S.C. 7139) is
amended to read as follows:
‘‘OFFICE OF SCIENCE
‘‘SEC. 209. (a) There shall be within the Department
an Office of Science, to be headed by an Assistant Secretary
for Science, who shall be appointed by the President, by
and with the advice and consent of the Senate, and who
shall be compensated at the rate provided for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.
‘‘(b) The Assistant Secretary for Science shall be in
addition to the Assistant Secretaries provided for under sec-
tion 203.
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary for Science to carry out the fundamental
science and engineering research functions of the Depart-
ment, including the responsibility for policy and manage-
ment of the research, as well as other functions vested in
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the Secretary that the Secretary may assign to the Assistant
Secretary.’’.
(2) DIRECTOR OF THE OFFICE OF SCIENCE.—
(A) IN GENERAL.—Notwithstanding section
3345(b)(1) of title 5, United States Code, the
President may designate the Director of the Of-
fice of Science who served immediately before the
date of enactment of this Act to act in the office
of the Assistant Secretary of Energy for Science
until the office is filled as provided in section
209 of the Department of Energy Organization
Act (as amended by paragraph (1)).
(B) COMPENSATION.—While so acting, the
person shall receive compensation at the rate
provided by section 209(a) of that Act (as
amended by paragraph (1)) for the office of As-
sistant Secretary for Science.
(c) ADDITIONAL ASSISTANT SECRETARY POSITION TO
ENABLE IMPROVED MANAGEMENT OF NUCLEAR ENERGY
ISSUES.—
(1) IN GENERAL.—Section 203(a) of the Depart-
ment of Energy Organization Act (42 U.S.C.
7133(a)) is amended in the first sentence by striking
‘‘There shall be in the Department six Assistant Sec-
retaries’’ and inserting ‘‘Except as provided in sec-
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HR 6 EAS
tion 209, there shall be in the Department 7 Assistant
Secretaries’’.
(2) ASSISTANT
SECRETARY
LEVEL.—It is the
sense of Congress that the leadership for departmental
missions in nuclear energy should be at the Assistant
Secretary level.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 202 of the Department of Energy Or-
ganization Act (42 U.S.C. 7132) (as amended by sub-
section (b)(1)) is amended by adding at the end the
following:
‘‘(d)(1) There shall be in the Department an Under
Secretary, who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall
perform such functions and duties as the Secretary shall
prescribe, consistent with this section.
‘‘(2) The Under Secretary shall be compensated at the
rate provided for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
‘‘(e)(1) There shall be in the Department a General
Counsel, who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall
perform such functions and duties as the Secretary shall
prescribe.