384
priating such amount, the report accompanying such ap-
propriations Act, or a distribution report transmitted
under subsection (a) if such obligation or expenditure
would change an individual amount, as represented in
such an Act, report, or distribution report, by more than
2 percent or $2,000,000, whichever is smaller, unless the
Secretary has transmitted to Congress a letter of expla-
nation and a period of 30 days has elapsed after Congress
receives the letter.
(c) COMPUTATION.—The computation of the 30-day
period described in subsection (b) shall exclude any day
on which either House of Congress is not in session be-
cause of an adjournment of more than 3 days to a day
certain.
SEC. 913. MERIT-BASED COMPETITION.
(a) COMPETITIVE MERIT REVIEW.—Awardees of
funds authorized under this title shall be selected through
open competitions. Funds shall be competitively awarded
only after an impartial review of the scientific and tech-
nical merit of the proposals for such awards has been car-
ried out by or for the Department on the basis of criteria
outlined by the Secretary in the solicitation of proposals.
(b) COMPETITION.—Competitive awards under this
title shall involve competitions open to all qualified entities
within one or more of the following categories:
385
(1) Institutions of higher education.
(2) National Laboratories.
(3) Nonprofit and for-profit private entities.
(4) State and local governments.
(5) Consortia of entities described in para-
graphs (1) through (4).
(c) CONGRESSIONAL NOTIFICATION.—The Secretary
shall notify Congress within 30 days after awarding more
than $500,000 through a competition described in sub-
section (b) that is limited to 1 of the categories described
in paragraphs (1) through (4) of subsection (b).
(d) WAIVERS.—The Secretary may waive the require-
ment under subsection (a) requiring competition if the
Secretary considers it necessary to more quickly advance
research, development, demonstration, or commercial ap-
plication activities. The Secretary shall notify Congress
within 30 days when a waiver is granted under this sub-
section. The Secretary may not delegate the waiver au-
thority under this subsection for awards over $500,000.
SEC. 914. EXTERNAL TECHNICAL REVIEW OF DEPART-
MENTAL PROGRAMS.
(a) NATIONAL APPLIED ENERGY RESEARCH
AND
DEVELOPMENT ADVISORY COMMITTEES.—
(1) IN GENERAL.—The Secretary shall establish
one or more advisory committees to review and ad-
386
vise the Department’s applied programs in the fol-
lowing areas:
(A) Energy efficiency.
(B) Renewable energy.
(C) Nuclear energy.
(D) Fossil energy.
(2) EXISTING
ADVISORY
COMMITTEES.—The
Secretary may designate an existing advisory com-
mittee within the Department to fulfill the respon-
sibilities of an advisory committee under this sub-
section.
(b) OFFICE OF SCIENCE ADVISORY COMMITTEES.—
(1) USE OF EXISTING COMMITTEES.—Except as
otherwise provided under the Federal Advisory Com-
mittee Act, the Secretary shall continue to use the
scientific program advisory committees 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.
(2) REPORT.—Before the Department issues
any new guidance regarding the membership for Of-
fice of Science scientific program advisory commit-
tees, the Secretary shall transmit a report to the
Congress outlining the reasons for the proposed
changes, and 60 days must have elapsed after trans-
387
mittal of the report before the Department may im-
plement those changes.
(3) SCIENCE ADVISORY COMMITTEE.—
(A) ESTABLISHMENT.—There shall be a
Science Advisory Committee for the Office of
Science that includes the chairs of each of the
advisory committees described in paragraph (1).
(B) RESPONSIBILITIES.—The Science Ad-
visory Committee shall—
(i) advise the Director of the Office of
Science on science issues;
(ii) advise the Director of the Office
of Science with respect to the well-being
and management of the National Labora-
tories and Department research facilities;
(iii) advise the Director of the Office
of Science 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 Director of the Office
of Science with respect to the well-being of
the university research programs supported
by the Office of Science.