H. R. 6—335
(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 accordance with sec-
tion 988. 
(B) SOURCES.—The calculation of costs paid by the 
non-Federal sources for a project shall include cash, per-
sonnel, services, equipment, and other resources expended 
on the project after the commencement of the project. 
(C) RESEARCH
AND
DEVELOPMENT
EXPENSES.—Inde-
pendent 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 
pursuant to section 25(c)(1) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 421(c)(1)), may be credited 
towards costs paid by non-Federal 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 procedures determined 
by the Secretary. 
(5) ACCOUNTING.—Any participant that receives funds 
under this section may use generally accepted accounting prin-
ciples 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 Director of the National 
Laboratory or single-purpose research facility managing the 
project determines that the project is likely to improve the 
ability of the National Laboratory or single-purpose research 
facility to achieve technical success in meeting departmental 
missions. 
(2) OTHER CRITERIA.—In selecting a project to receive Fed-
eral funds, the Secretary shall consider— 
(A) the potential of the project to promote the develop-
ment of a commercially sustainable technology cluster fol-
lowing the period of investment by the Department, which 
will derive most of the demand for its products or services 
from the private sector, and which will support depart-
mental missions at the participating National Laboratory 
or single-purpose research facility; 
(B) the potential of the project to promote the use 
of commercial research, technology, products, 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 single-
purpose research facility; 
(C) the extent to which the project involves a wide 
variety and number of institutions of higher education,
H. R. 6—336
nonprofit institutions, and technology-related business con-
cerns that can support the missions of the participating 
National Laboratory or single-purpose research facility and 
that will make substantive contributions to achieving the 
goals of the project; 
(D) the extent to which the project focuses on pro-
moting the development of technology-related business con-
cerns that are small businesses or involves such small 
businesses substantively in the project; and 
(E) such other criteria as the Secretary determines 
to be appropriate. 
(g) ALLOCATION.—In allocating funds for projects approved 
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 relating 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. 
SEC. 1003. 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 disadvantaged small busi-
ness concerns (as defined in section 8(a)(4) of the Small Busi-
ness 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 Laboratory or 
single-purpose research facility on the actual participation of 
small business concerns in procurement and collaborative 
research along with recommendations, if appropriate, on how 
to improve participation; 
(3) make available to small business concerns training, 
mentoring, and information on how to participate in procure-
ment and collaborative research activities; 
(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 the program to the 
Director of the National Laboratory or single-purpose research 
facility. 
(b) ESTABLISHMENT
OF SMALL BUSINESS ASSISTANCE PRO-
GRAM.—The Secretary shall require the Director of each National 
Laboratory, and may require the Director of a single-purpose
H. R. 6—337
research facility, to establish a program to provide small business 
concerns with— 
(1) assistance directed at making the small business con-
cerns more effective and efficient subcontractors 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 sub-
section (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 under this section 
$5,000,000 for each of fiscal years 2006 through 2008. 
SEC. 1004. OUTREACH. 
The Secretary shall ensure that each program authorized by 
this Act or an amendment made by this Act includes an outreach 
component to provide information, as appropriate, to manufacturers, 
consumers, engineers, architects, builders, energy service compa-
nies, institutions of higher education, facility planners and man-
agers, State and local governments, and other entities. 
SEC. 1005. RELATIONSHIP TO OTHER LAWS. 
Except as otherwise provided in this Act or an amendment 
made by this Act, the Secretary shall carry out the research, 
development, demonstration, and commercial application 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 Develop-
ment 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.); 
(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. 1006. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN 
SCIENCE AND TECHNOLOGY PROGRAMS. 
(a) EFFECTIVE TOP-LEVEL COORDINATION
OF RESEARCH
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 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 Science shall be appointed from 
among persons who—