503
with respect to such research and projects as the Secretary
of Defense may exercise under section 2371 of title 10,
United States Code, except for subsections (b) and (f) of
such section 2371. Such other transactions shall not be
subject to the provisions of section 9 of the Federal Non-
nuclear Energy Research and Development Act of 1974
(42 U.S.C. 5908) or section 152 of the Atomic Energy
Act of 1954 (42 U.S.C. 2182).
‘‘(2)(A) The Secretary may, under the authority of
paragraph (1), carry out prototype projects in accordance
with the requirements and conditions provided for car-
rying out prototype projects under section 845 of the Na-
tional Defense Authorization Act for Fiscal Year 1994
(Public Law 103–160; 10 U.S.C. 2371 note), including
that, to the maximum extent practicable, competitive pro-
cedures shall be used when entering into agreements to
carry out projects under subsection (a) of that section and
that the period of authority to carry out projects under
such subsection (a) terminates as provided in subsection
(g) of that section.
‘‘(B) In applying the requirements and conditions of
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 under this subsection—
504
‘‘(i) subsection (c) of that section shall apply
with respect to prototype projects carried out under
this paragraph; and
‘‘(ii) the Director of the Office of Management
and Budget shall perform the functions of the Sec-
retary of Defense under subsection (d) of that sec-
tion.
‘‘(C) The Secretary may exercise authority under this
subsection for a project only if authorized by the Director
of the Office of Management and Budget to use the au-
thority for such project.
‘‘(D) The annual report of the head of an executive
agency that is required under subsection (h) of section
2371 of title 10, United States Code, as applied to the
head of the executive agency by subsection (a), shall be
submitted to Congress.
‘‘(3) Not later than 90 days after the date of enact-
ment of this subsection, the Secretary, in consultation
with the Director of the Office of Management and Budg-
et, shall prescribe guidelines for using other transactions
authorized by paragraph (1). Such guidelines shall be pub-
lished in the Federal Register for public comment under
rulemaking procedures of the Department.
‘‘(4) The authority of the Secretary under this sub-
section may be delegated only to an officer of the Depart-
505
ment who is appointed by the President by and with the
advice and consent of the Senate and may not be delegated
to any other person.
‘‘(5)(A) Not later than September 31, 2006, the
Comptroller General of the United States shall report to
Congress on the Department’s use of the authorities
granted under this section, including the ability to attract
nontraditional government contractors and whether addi-
tional safeguards are needed with respect to the use of
such authorities.
‘‘(B) In this section, the term ‘nontraditional Govern-
ment contractor’ has the same meaning as the term ‘non-
traditional defense contractor’ as defined in section 845(e)
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 10 U.S.C. 2371 note).’’.
SEC. 1003. UNIVERSITY COLLABORATION.
Not later than 2 years after the date of enactment
of this Act, the Secretary of Energy shall transmit to the
Congress a report that examines the feasibility of pro-
moting collaborations between major universities and
other colleges and universities in grants, contracts, and
cooperative agreements made by the Secretary for energy
projects. For purposes of this section, major universities
are schools listed by the Carnegie Foundation as Doctoral
Research Extensive Universities. The Secretary shall also