141
SEC. 187. EXTERNAL TECHNICAL REVIEW OF DEPART-
MENTAL PROGRAMS. 
(a) NATIONAL ENERGY RESEARCH AND DEVELOPMENT 
ADVISORY BOARDS.—(1) The Secretary shall establish one 
or more advisory boards to review Department research, de-
velopment, demonstration, and commercial application 
programs in the following areas: 
(A) Energy efficiency. 
(B) Renewable energy. 
(C) Nuclear energy. 
(D) Fossil energy. 
(2) The Secretary may designate an existing advisory 
board within the Department to fulfill the responsibilities 
of an advisory board under this subsection, and may enter 
into appropriate arrangements with the National Academy 
of Sciences to establish such an advisory board. 
(b) OFFICE OF SCIENCE ADVISORY COMMITTEES.—
(1) UTILIZATION OF EXISTING COMMITTEES.—
The Secretary shall continue to use the scientific pro-
gram advisory committees chartered under the Fed-
eral Advisory Committee Act by the Office of Science 
to oversee research and development programs under 
that Office. 
(2) SCIENCE ADVISORY COMMITTEE.—
(A) ESTABLISHMENT.—There shall be in the 
Office of Science a Science Advisory Committee
142
that includes the chairs of each of the advisory 
committees described in paragraph (1). 
(B) RESPONSIBILITIES.—The Science Advi-
sory Committee shall—
(i) serve as the science advisor to the 
Assistant Secretary for Science created 
under section 209 of the Department of En-
ergy Organization Act, as added by section 
201 of this Act; 
(ii) advise the Assistant Secretary with 
respect to the well-being and management of 
the National Laboratories and single-pur-
pose research facilities; 
(iii) advise the Assistant Secretary 
with respect to education and workforce 
training activities required for effective 
short-term and long-term basic and applied 
research activities of the Office of Science; 
and 
(iv) advise the Assistant Secretary 
with respect to the well being of the univer-
sity research programs supported by the Of-
fice of Science.
143
(c) MEMBERSHIP.—Each advisory board under this 
section shall consist of persons with appropriate expertise 
representing a diverse range of interests. 
(d) MEETINGS AND PURPOSES.—Each advisory board 
under this section shall meet at least semi-annually to re-
view and advise on the progress made by the respective re-
search, development, demonstration, and commercial appli-
cation program or programs. The advisory board shall also 
review the measurable cost and performance-based goals for 
such programs as established under section 3, and the 
progress on meeting such goals. 
(e) PERIODIC REVIEWS AND ASSESSMENTS.—The Sec-
retary shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct periodic reviews 
and assessments of the programs authorized by this title, 
the measurable cost and performance-based goals for such 
programs as established under section 3, if any, and the 
progress on meeting such goals. Such reviews and assess-
ments shall be conducted every 5 years, or more often as 
the Secretary considers necessary, and the Secretary shall 
transmit to the Congress reports containing the results of 
all such reviews and assessments.
144
SEC. 188. IMPROVED COORDINATION OF TECHNOLOGY 
TRANSFER ACTIVITIES. 
(a) TECHNOLOGY
TRANSFER
COORDINATOR.—The 
Secretary shall designate a Technology Transfer Coordi-
nator to perform oversight of and policy development for 
technology transfer activities at the Department. The Tech-
nology Transfer Coordinator shall coordinate the activities 
of the Technology Transfer Working Group, and shall over-
see the expenditure of funds allocated to the Technology 
Transfer Working Group, and shall coordinate with each 
technology partnership ombudsman appointed under sec-
tion 11 of the Technology Transfer Commercialization Act 
of 2000 (42 U.S.C. 7261c). 
(b) TECHNOLOGY TRANSFER WORKING GROUP.—The 
Secretary shall establish a Technology Transfer Working 
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-
145
portunities and procedures for technology transfer 
with the Department, including those related to alter-
native approaches to resolution of disputes involving 
intellectual property rights and other technology 
transfer matters.
(c) TECHNOLOGY TRANSFER RESPONSIBILITY.—Noth-
ing in this section shall affect the technology transfer re-
sponsibilities of Federal employees under the Stevenson-
Wydler Technology Innovation Act of 1980. 
SEC. 189. 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, in procurement, 
collaborative research, technology licensing, and tech-
nology transfer activities 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-
146
ommendations, if appropriate, on how to improve 
participation; 
(3) make available to small business concerns 
training, mentoring, and clear, up-to-date informa-
tion on how to participate in the procurement and 
collaborative research, including how to submit effec-
tive proposals, and information related to alternative 
approaches to resolution of disputes involving intellec-
tual property rights and other technology transfer 
matters; 
(4) increase the awareness inside the National 
Laboratory or single-purpose research facility of the 
capabilities and opportunities presented by small 
business concerns; and 
(5) establish guidelines for the program under 
subsection (b) and report on the effectiveness of such 
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— 
(1) assistance directed at making them more ef-
fective and efficient subcontractors or suppliers to the
147
National Laboratory or single-purpose research facil-
ity; or 
(2) general technical assistance, the cost of which 
shall not exceed $10,000 per instance of assistance, to 
improve the small business concern’s products or serv-
ices. 
(c) USE
OF FUNDS.—None of the funds expended 
under subsection (b) may be used for direct grants to the 
small business concerns. 
(d) DEFINITIONS.—In this section: 
(1) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given such 
term in section 3 of the Small Business Act (15 
U.S.C. 632). 
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED SMALL BUSINESS CONCERNS.—The term ‘‘so-
cially and economically disadvantaged small business 
concerns’’ has the meaning given such term in section 
8(a)(4) of the Small Business Act (15 U.S.C. 
637(a)(4)). 
SEC. 190. MOBILITY OF SCIENTIFIC AND TECHNICAL PER-
SONNEL. 
Not later than 2 years after the date of enactment of 
this section, the Secretary shall transmit a report to the 
Congress identifying any policies or procedures of a con-
148
tractor operating a National Laboratory or single-purpose 
research facility that create disincentives to the temporary 
transfer of scientific and technical personnel among the con-
tractor-operated National Laboratories or contractor-oper-
ated single-purpose research facilities.
SEC. 191. NATIONAL ACADEMY OF SCIENCES REPORT. 
Within 90 days after the date of enactment of this Act, 
the Secretary shall enter into an arrangement with the Na-
tional Academy of Sciences for the Academy to—
(1) conduct studies on—
(A) the obstacles to accelerating the commer-
cial application of energy technology; and 
(B) the adequacy of Department policies 
and procedures for, and oversight of, technology 
transfer-related disputes between contractors of 
the Department and the private sector; and 
(2) report to the Congress on recommendations 
developed as a result of the studies. 
SEC. 192. OUTREACH. 
The Secretary shall ensure that each program author-
ized by this title includes an outreach component to provide 
information, as appropriate, to manufacturers, consumers, 
engineers, architects, builders, energy service companies, in-
stitutions of higher education, facility planners and man-
agers, State and local governments, and other entities.
149
SEC. 193. LIMITS ON USE OF FUNDS. 
(a) COMPETITIVE PROCEDURE REQUIREMENT.—None 
of the funds authorized to be appropriated to the Secretary 
by this title may be used to award a management and oper-
ating contract for a nonmilitary energy laboratory of the 
Department unless such contract is competitively awarded 
or the Secretary grants, on a case-by-case basis, a waiver 
to allow for such a deviation. The Secretary may not dele-
gate the authority to grant such a waiver. 
(b) CONGRESSIONAL NOTICE.—At least 2 months be-
fore a contract award for which the Secretary intends to 
grant such a waiver, the Secretary shall submit to the Con-
gress a report notifying the Congress of the waiver and set-
ting forth the reasons for the waiver. 
SEC. 194. REPROGRAMMING. 
(a) DISTRIBUTION REPORT.—Not later than 60 days 
after the date of the enactment of an Act appropriating 
amounts authorized under this title, the Secretary shall 
transmit to the appropriate authorizing committees of the 
Congress a report explaining how such amounts will be dis-
tributed among the authorizations contained in this title. 
(b) PROHIBITION.—(1) No amount identified under 
subsection (a) shall be reprogrammed if such reprogram-
ming would result in an obligation which changes an indi-
vidual distribution required to be reported under subsection 
(a) by more than 5 percent unless the Secretary has trans-
150
mitted to the appropriate authorizing committees of the 
Congress a report described in subsection (c) and a period 
of 30 days has elapsed after such committees receive the re-
port. 
(2) In the computation of the 30-day period described 
in paragraph (1), there shall be excluded any day on which 
either House of Congress is not in session because of an 
adjournment of more than 3 days to a day certain. 
(c) REPROGRAMMING REPORT.—A report referred to 
in subsection (b)(1) shall contain a full and complete state-
ment of the action proposed to be taken and the facts and 
circumstances relied on in support of the proposed action. 
SEC. 195. CONSTRUCTION WITH OTHER LAWS. 
Except as otherwise provided in this title, the Sec-
retary shall carry out the research, development, demonstra-
tion, and commercial application programs, projects, and 
activities authorized by this title in accordance with the ap-
plicable provisions of the Atomic Energy Act of 1954 (42 
U.S.C. et seq.), the Federal Nonnuclear Research and Devel-
opment Act of 1974 (42 U.S.C. 5901 et seq.), the Energy 
Policy Act of 1992 (42 U.S.C. 13201 et seq.), the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 
et seq.), chapter 18 of title 35, United States Code (com-
monly referred to as the Bayh-Dole Act), and any other Act
151
under which the Secretary is authorized to carry out such 
activities.
SEC. 196. UNIVERSITY COLLABORATION. 
Not later than 2 years after the date of enactment of 
this Act, the Secretary shall transmit to the Congress a re-
port that examines the feasibility of promoting collabora-
tions between large institutions of higher education and 
small institutions of higher education through grants, con-
tracts, and cooperative agreements made by the Secretary 
for energy projects. The Secretary shall also consider pro-
viding incentives for the inclusion of small institutions of 
higher education, including minority-serving institutions, 
in energy research grants, contracts, and cooperative agree-
ments. 
SEC. 197. FEDERAL LABORATORY EDUCATIONAL PARTNERS. 
(a) DISTRIBUTION OF ROYALTIES RECEIVED BY FED-
ERAL AGENCIES.—Section 14(a)(1)(B)(v) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710c(a)(1)(B)(v)), is amended to read as follows: 
‘‘(v) for scientific research and development 
and for educational assistance and other pur-
poses consistent with the missions and objectives 
of the Department of Energy and the labora-
tory.’’.
152
(b) COOPERATIVE
RESEARCH
AND
DEVELOPMENT 
AGREEMENTS.—Section 12(b)(5)(C) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a(b)(5)(C)) is amended to read as follows: 
‘‘(C) for scientific research and development and 
for educational assistance consistent with the missions 
and objectives of the Department of Energy and the 
laboratory.’’.
SEC. 198. INTERAGENCY COOPERATION. 
The Secretary shall enter into discussions with the Ad-
ministrator of the National Aeronautics and Space Admin-
istration with the goal of reaching an interagency working 
agreement between the 2 agencies that would make the Na-
tional Aeronautics and Space Administration’s expertise in 
energy, gained from its existing and planned programs, 
more readily available to the relevant research, develop-
ment, demonstration, and commercial applications pro-
grams of the Department. Technologies to be discussed 
should include the National Aeronautics and Space Admin-
istration’s modeling, research, development, testing, and 
evaluation of new energy technologies, including solar, 
wind, fuel cells, and hydrogen storage and distribution.
153
TITLE II—DEPARTMENT OF 
ENERGY MANAGEMENT 
SEC. 201. IMPROVED COORDINATION AND MANAGEMENT OF 
CIVILIAN SCIENCE AND TECHNOLOGY PRO-
GRAMS. 
(a) RECONFIGURATION OF POSITION OF DIRECTOR OF 
THE OFFICE OF SCIENCE.—Section 209 of the Department 
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 
of 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 Exec-
utive Schedule under section 5315 of title 5, United States 
Code. 
‘‘(b) The Assistant Secretary of Science shall be in ad-
dition to the Assistant Secretaries provided for under sec-
tion 203 of this Act. 
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary of Science to carry out the fundamental 
science and engineering research functions of the Depart-
ment, including the responsibility for policy and manage-
ment of such research, as well as other functions vested in
154
the Secretary which he may assign to the Assistant Sec-
retary.’’. 
(b) ADDITIONAL ASSISTANT SECRETARY POSITION TO 
ENABLE IMPROVED MANAGEMENT OF NUCLEAR ENERGY 
ISSUES.—(1) Section 203(a) of the Department of Energy 
Organization Act (42 U.S.C. 7133(a)) is amended by strik-
ing ‘‘There shall be in the Department six Assistant Secre-
taries’’ and inserting ‘‘Except as provided in section 209, 
there shall be in the Department seven Assistant Secre-
taries’’. 
(2) It is the sense of the Congress that the leadership 
for departmental missions in nuclear energy should be at 
the Assistant Secretary level. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—(1) 
Section 5315 of title 5, United States Code, is amended 
by—
(A) striking ‘‘Director, Office of Science, Depart-
ment of Energy.’’; and 
(B) striking ‘‘Assistant Secretaries of Energy 
(6)’’ and inserting ‘‘Assistant Secretaries of Energy 
(8)’’.
(2) The table of contents for the Department of Energy 
Organization Act (42 U.S.C. 7101 note) is amended— 
(A) by striking ‘‘Section 209’’ and inserting 
‘‘Sec. 209’’;
155
(B) by striking ‘‘213.’’ and inserting ‘‘Sec. 213.’’; 
(C) by striking ‘‘214.’’ and inserting ‘‘Sec. 214.’’; 
(D) by striking ‘‘215.’’ and inserting ‘‘Sec. 
215.’’; and 
(E) by striking ‘‘216.’’ and inserting ‘‘Sec. 216.’’. 
SEC. 202. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY 
PRACTICES. 
The Secretary shall transmit to the Congress a bien-
nial report on the equal employment opportunity practices 
at the nonmilitary energy laboratories. Such report shall 
include—
(1) a thorough review of each nonmilitary energy 
laboratory contractor’s equal employment opportunity 
policies; 
(2) a statistical report on complaints and their 
disposition in the laboratories; 
(3) the role equal employment opportunity prac-
tices play in selecting the contractor for each labora-
tory, and in establishing the fee that is paid to the 
contractor for each laboratory; 
(4) a summary of disciplinary actions by either 
the Department or the relevant contractors for each 
laboratory; and
156
(5) a summary of efforts by the Department and 
the relevant contractors for each laboratory to attract 
women and minorities to the laboratories. 
SEC. 203. EXTERNAL REGULATION OF DEPARTMENT OF EN-
ERGY. 
(a) ELIMINATION OF DEPARTMENT OF ENERGY AU-
THORITY.—Effective 2 years after the date of enactment of 
this Act, the Department shall have no regulatory or en-
forcement authority with respect to nuclear safety and occu-
pational safety and health responsibilities assumed by the 
Nuclear Regulatory Commission under subsection (b) or by 
the Occupational Safety and Health Administration under 
subsection (c) at any nonmilitary energy laboratory owned 
or operated by the Department. 
(b) NUCLEAR REGULATORY COMMISSION AUTHOR-
ITY.—
(1) NUCLEAR
SAFETY
REGULATORY
AND
EN-
FORCEMENT
RESPONSIBILITIES.—Effective 2 years 
after the date of enactment of this Act, the Nuclear 
Regulatory Commission shall assume the nuclear safe-
ty regulatory and enforcement responsibilities of the 
Department under the Atomic Energy Act of 1954 
with regard to nonmilitary energy laboratories owned 
or operated by the Department.
157
(2) LICENSED ENTITIES.—For the purposes of 
carrying out at nonmilitary energy laboratories 
owned or operated by the Department regulatory and 
enforcement responsibilities described in paragraph 
(1), the Nuclear Regulatory Commission may regu-
late, through licensing, certification, or other appro-
priate means, the Department’s contractors. 
(3) DECOMMISSIONING.—A contractor operating 
a nonmilitary energy laboratory owned by the De-
partment shall not be responsible for the costs of de-
commissioning that facility. No enforcement action 
may be taken against such contractor for any viola-
tion of Nuclear Regulatory Commission decommis-
sioning requirements, if such violation is the result of 
a failure of the Department to authorize or fund de-
commissioning activities. The Nuclear Regulatory 
Commission and the Department shall, not later than 
1 year after the date of enactment of this Act, enter 
into a memorandum of understanding establishing 
decommissioning procedures and requirements for 
nonmilitary energy laboratories owned or operated by 
the Department. 
(4) ACCELERATORS.—Notwithstanding the provi-
sions of the Atomic Energy Act of 1954 (42 U.S.C. 
2011 et. seq.), effective 2 years after the date of enact-
158
ment of this Act, the Nuclear Regulatory Commission 
shall have exclusive regulatory authority over accel-
erators, other electronic sources of radiation not as-
signed to the Commission as of the date of enactment 
of this Act, accelerator-produced radioisotopes, and 
naturally occurring radioactive materials at non-
military energy laboratories, consistent with the au-
thorities granted the Nuclear Regulatory Commission 
in the Atomic Energy Act of 1954. Until such time 
as the Commission has completed a rulemaking for 
the foregoing equipment and radioisotopes, non-
military energy laboratories shall be required to meet 
the requirements stipulated in a license for the facil-
ity. 
(5) ADMINISTRATION.—The responsibilities as-
sumed by the Nuclear Regulatory Commission under 
this subsection shall be administered by the Nuclear 
Regulatory Commission, not by States. 
(6) JUDICIAL
REVIEW.—Section 189 b. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is 
amended by adding the following paragraph after 
paragraph (4): 
‘‘(5) Any final order or regulation of the Com-
mission establishing standards to govern nonmilitary 
energy laboratories owned or operated by the Depart-