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(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 sec-
tion 8(a)(4) of the Small Business Act (15 U.S.C. 
637(a)(4)). 
SEC. 188. 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 
contractor operating a National Laboratory or single-pur-
pose research facility that create disincentives to the tem-
porary transfer of scientific and technical personnel 
among the contractor-operated National Laboratories or 
contractor-operated single-purpose research facilities.
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SEC. 189. 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 National Academy of Sciences for the Academy to—
(1) conduct a study on—
(A) the obstacles to accelerating the re-
search, development, demonstration, and com-
mercial application cycle for 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 study. 
SEC. 190. OUTREACH. 
The Secretary shall ensure that each program au-
thorized by this title includes an outreach component to 
provide information, as appropriate, to manufacturers, 
consumers, engineers, architects, builders, energy service 
companies, institutions of higher education, facility plan-
ners and managers, State and local governments, and 
other entities. 
SEC. 191. LIMITS ON USE OF FUNDS. 
(a) COMPETITIVE
PROCEDURE
REQUIREMENT.—
None of the funds authorized to be appropriated to the
124
Secretary by this title may be used to award a manage-
ment and operating contract for a nonmilitary energy lab-
oratory of the Department unless such contract is com-
petitively awarded or the Secretary grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Sec-
retary may not delegate 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 
Congress a report notifying the Congress of the waiver 
and setting forth the reasons for the waiver. 
SEC. 192. 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 
distributed 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 sub-
section (a) by more than 5 percent unless the Secretary
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has transmitted 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 re-
ceive the report. 
(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 
statement of the action proposed to be taken and the facts 
and circumstances relied on in support of the proposed 
action. 
SEC. 193. CONSTRUCTION WITH OTHER LAWS. 
Except as otherwise provided in this title, the Sec-
retary shall carry out the research, development, dem-
onstration, 
and 
commercial 
application 
programs, 
projects, and activities authorized by this title in accord-
ance with the applicable provisions of the Atomic Energy 
Act of 1954 (42 U.S.C. et seq.), the Federal Nonnuclear 
Research and Development 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 (commonly referred to as the Bayh-
126
Dole Act), and any other Act under which the Secretary 
is authorized to carry out such activities.
TITLE II—DEPARTMENT OF 
ENERGY MANAGEMENT 
SEC. 201. IMPROVED COORDINATION AND MANAGEMENT 
OF CIVILIAN SCIENCE AND TECHNOLOGY 
PROGRAMS. 
(a) RECONFIGURATION OF POSITION OF DIRECTOR 
OF THE OFFICE OF SCIENCE.—Section 209 of the Depart-
ment 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 Sec-
retary 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 Executive Schedule under section 5315 of title 
5, United States Code. 
‘‘(b) The Assistant Secretary of Science shall be in 
addition to the Assistant Secretaries provided for under 
section 203 of this Act. 
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary of Science to carry out the fundamental
127
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 the Secretary which he may assign to the Assistant Sec-
retary.’’. 
(b) ADDITIONAL ASSISTANT SECRETARY POSITION 
TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR EN-
ERGY ISSUES.—(1) Section 203(a) of the Department of 
Energy Organization Act (42 U.S.C. 7133(a)) is amended 
by striking ‘‘There shall be in the Department six Assist-
ant Secretaries’’ and inserting ‘‘Except as provided in sec-
tion 209, there shall be in the Department seven Assistant 
Secretaries’’. 
(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 amend-
ed by—
(A) striking ‘‘Director, Office of Science, De-
partment of Energy.’’; and 
(B) striking ‘‘Assistant Secretaries of Energy 
(6)’’ and inserting ‘‘Assistant Secretaries of Energy 
(8)’’.