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ensuring that sufficient quantities of water are avail-
able to meet present and future requirements. 
(2) ASSESSMENTS.—Under the program and in 
collaboration with other programs within the Depart-
ment (including programs within the Offices of Fossil 
Energy and Energy Efficiency and Renewable En-
ergy), the Secretary of the Interior, the Corps of Engi-
neers, the Environmental Protection Agency, the De-
partment of Commerce, the Department of Defense, 
State agencies, nongovernmental agencies, and aca-
demia, the Secretary shall assess the current state of 
knowledge and program activities concerning— 
(A) future water resources needed to support 
energy production within the United States, in-
cluding the water needs for hydropower and ther-
mo-electric power generation; 
(B) future energy resources needed to sup-
port development of water purification and 
treatment, including desalination and long-dis-
tance water conveyance; 
(C) reuse and treatment of water produced 
as a byproduct of oil and gas extraction; 
(D) use of impaired and nontraditional 
water supplies for energy production and other 
uses; and
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(E) technologies to reduce water use in en-
ergy production. 
(3) TOOLS.—In addition to the assessments con-
ducted under paragraph (2), the Secretary shall— 
(A) develop a research plan that defines the 
scientific and technology development needs and 
activities required to support— 
(i) long-term water needs and plan-
ning for energy sustainability; 
(ii) use of impaired water for energy 
production and other uses; and 
(iii) reduction of water use in energy 
production; 
(B) carry out the research plan required 
under subparagraph (A), including development 
of numerical models, decision analysis tools, eco-
nomic analysis tools, databases, planning meth-
odologies, and strategies; 
(C) implement at least 3 planning dem-
onstration projects using the models, tools, and 
planning approaches developed under subpara-
graph (B) and assess the viability of those tools 
on the scale of river basins with at least 1 dem-
onstration involving an international border; 
and
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(D) transfer those tools to other Federal 
agencies, State agencies, nonprofit organizations, 
industry, and academia for use in their energy 
and water sustainability efforts. 
(4) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall sub-
mit to Congress a report on the water and energy sus-
tainability program that— 
(A) describes the research elements described 
under paragraph (2); and 
(B) makes recommendations for a manage-
ment structure that optimizes use of Federal re-
sources and programs. 
(g) COST SHARING.— 
(1) RESEARCH
PROJECTS.—A research project 
under this section shall not require cost-sharing. 
(2) DEMONSTRATION
PROJECTS.—Each dem-
onstration project carried out under the Program 
shall be carried out in accordance with the cost-shar-
ing requirements of section 1002. 
SEC. 971. SPALLATION NEUTRON SOURCE. 
(a) DEFINITIONS.—In this section: 
(1) SING.—The term ‘‘SING’’ means the Spall-
ation Neutron Source Instruments Next Generation 
major item of equipment.
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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-