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(D) the extent to which the project focuses 
on promoting the development of technology-re-
lated business concerns that are small businesses 
or involves such small businesses substantively in 
the project; and 
(E) such other criteria as the Secretary de-
termines to be appropriate. 
(g) ALLOCATION.—In allocating funds for projects ap-
proved 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 relat-
ing 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.
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SEC. 1007. 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 dis-
advantaged small business concerns (as defined in sec-
tion 8(a)(4) of the Small Business 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 Lab-
oratory or single-purpose research facility on the ac-
tual participation of small business concerns in pro-
curement and collaborative research along with rec-
ommendations, if appropriate, on how to improve 
participation; 
(3) make available to small business concerns 
training, mentoring, and information on how to par-
ticipate in procurement and collaborative research ac-
tivities; 
(4) increase the awareness inside the National 
Laboratory or single-purpose research facility of the
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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 ASSIST-
ANCE PROGRAM.—The Secretary shall require the Director 
of each National Laboratory, and may require the Director 
of a single-purpose research facility, to establish a program 
to provide small business concerns with— 
(1) assistance directed at making the small busi-
ness concerns more effective and efficient subcontrac-
tors 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 subsection (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
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under this section $5,000,000 for each of fiscal years 2006 
through 2008. 
SEC. 1008. OUTREACH. 
The Secretary shall ensure that each program author-
ized by this Act or an amendment made by this Act includes 
an outreach component to provide information, as appro-
priate, to manufacturers, consumers, engineers, architects, 
builders, energy service companies, institutions of higher 
education, facility planners and managers, State and local 
governments, and other entities. 
SEC. 1009. RELATIONSHIP TO OTHER LAWS. 
Except as otherwise provided in this Act or an amend-
ment made by this Act, the Secretary shall carry out the 
research, development, demonstration, and commercial ap-
plication 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 
Development 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.);
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(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. 1010. IMPROVED COORDINATION AND MANAGEMENT 
OF CIVILIAN SCIENCE AND TECHNOLOGY 
PROGRAMS. 
(a) EFFECTIVE TOP-LEVEL COORDINATION OF RE-
SEARCH 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 Energy and 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 Energy and Science 
shall be appointed from among persons who— 
‘‘(A) have extensive background in scientific or 
engineering fields; and
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‘‘(B) are well qualified to manage the civilian 
research and development programs of the Depart-
ment. 
‘‘(4) The Under Secretary for Energy and Science 
shall— 
‘‘(A) serve as the Science and Technology Advi-
sor to the Secretary; 
‘‘(B) monitor the research and development pro-
grams of the Department in order to advise the Sec-
retary with respect to any undesirable duplication or 
gaps in the programs; 
‘‘(C) advise the Secretary with respect to the 
well-being and management of the multipurpose lab-
oratories under the jurisdiction of the Department; 
‘‘(D) advise the Secretary with respect to edu-
cation and training activities required for effective 
short- and long-term basic and applied research ac-
tivities of the Department; 
‘‘(E) advise the Secretary with respect to grants 
and other forms of financial assistance required for 
effective short- and long-term basic and applied re-
search activities of the Department; 
‘‘(F) bear primary responsibility for energy con-
servation; and
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‘‘(G) exercise authority and responsibility over 
Assistant Secretaries carrying out energy research 
and development and energy technology functions 
under sections 203 and 209, as well as other elements 
of the Department assigned by the Secretary.’’. 
(b) RECONFIGURATION OF POSITION OF DIRECTOR OF 
THE OFFICE OF SCIENCE.— 
(1) IN GENERAL.—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 Secretary 
for 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 for Science shall be in 
addition to the Assistant Secretaries provided for under sec-
tion 203. 
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary for Science to carry out the fundamental 
science and engineering research functions of the Depart-
ment, including the responsibility for policy and manage-
ment of the research, as well as other functions vested in
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the Secretary that the Secretary may assign to the Assistant 
Secretary.’’. 
(2) DIRECTOR OF THE OFFICE OF SCIENCE.— 
(A) IN GENERAL.—Notwithstanding section 
3345(b)(1) of title 5, United States Code, the 
President may designate the Director of the Of-
fice of Science who served immediately before the 
date of enactment of this Act to act in the office 
of the Assistant Secretary of Energy for Science 
until the office is filled as provided in section 
209 of the Department of Energy Organization 
Act (as amended by paragraph (1)). 
(B) COMPENSATION.—While so acting, the 
person shall receive compensation at the rate 
provided by section 209(a) of that Act (as 
amended by paragraph (1)) for the office of As-
sistant Secretary for Science. 
(c) ADDITIONAL ASSISTANT SECRETARY POSITION TO 
ENABLE IMPROVED MANAGEMENT OF NUCLEAR ENERGY 
ISSUES.— 
(1) IN GENERAL.—Section 203(a) of the Depart-
ment of Energy Organization Act (42 U.S.C. 
7133(a)) is amended in the first sentence by striking 
‘‘There shall be in the Department six Assistant Sec-
retaries’’ and inserting ‘‘Except as provided in sec-
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tion 209, there shall be in the Department 7 Assistant 
Secretaries’’. 
(2) ASSISTANT
SECRETARY
LEVEL.—It is the 
sense of Congress that the leadership for departmental 
missions in nuclear energy should be at the Assistant 
Secretary level. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 202 of the Department of Energy Or-
ganization Act (42 U.S.C. 7132) (as amended by sub-
section (b)(1)) is amended by adding at the end the 
following: 
‘‘(d)(1) There shall be in the Department an Under 
Secretary, who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall 
perform such functions and duties as the Secretary shall 
prescribe, consistent with this section. 
‘‘(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. 
‘‘(e)(1) There shall be in the Department a General 
Counsel, who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall 
perform such functions and duties as the Secretary shall 
prescribe.
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‘‘(2) The General Counsel shall be compensated at the 
rate provided for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code.’’. 
(2) Section 5314 of title 5, United States Code, 
is amended by striking ‘‘Under Secretaries of Energy 
(2)’’ and inserting ‘‘Under Secretaries of Energy (3)’’. 
(3) Section 5315 of title 5, United States Code, 
is amended— 
(A) by striking ‘‘Assistant Secretaries of 
Energy (6)’’ and inserting ‘‘Assistant Secretaries 
of Energy (8)’’; and 
(B) by striking ‘‘Director, Office of Science, 
Department of Energy.’’. 
SEC. 1011. OTHER TRANSACTIONS AUTHORITY. 
Section 646 of the Department of Energy Organization 
Act (42 U.S.C. 7256) is amended by adding at the end the 
following: 
‘‘(g)(1) In addition to other authorities granted to the 
Secretary under any other provision of law, the Secretary 
may enter into other transactions on such terms as the Sec-
retary may consider appropriate in furtherance of research, 
development, or demonstration functions vested in the Sec-
retary.
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‘‘(2) The other transactions shall not be subject to sec-
tion 9 of the Federal Nonnuclear Energy Research and De-
velopment Act of 1974 (42 U.S.C. 5908). 
‘‘(3)(A) The Secretary shall ensure that— 
‘‘(i) to the maximum extent the Secretary deter-
mines practicable, no transaction entered into under 
paragraph (1) provides for research, development, or 
demonstration that duplicates research, development, 
or demonstration being conducted under existing 
projects carried out by the Department; 
‘‘(ii) to the extent the Secretary determines prac-
ticable, the funds provided by the Federal Government 
under a transaction authorized by paragraph (1) do 
not exceed the total amount provided by other parties 
to the transaction; and 
‘‘(iii) to the extent the Secretary determines 
practicable, competitive, merit-based selection proce-
dures shall be used when entering into transactions 
under paragraph (1). 
‘‘(B) A transaction authorized by paragraph (1) may 
be used for a research, development, or demonstration 
project only if the Secretary determines the use of a stand-
ard contract, grant, or cooperative agreement for the project 
is not feasible or appropriate.
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‘‘(4)(A) The Secretary shall protect from disclosure 
(including disclosure under section 552 of title 5, United 
States Code) for up to 5 years after the date the information 
is received by the Secretary— 
‘‘(i) a proposal, proposal abstract, and sup-
porting documents submitted to the Department in a 
competitive or noncompetitive process having the po-
tential for resulting in an award to the party submit-
ting the information entering into a transaction 
under paragraph (1); and 
‘‘(ii) a business plan and technical information 
relating to a transaction authorized by paragraph (1) 
submitted to the Department as confidential business 
information. 
‘‘(B) The Secretary may protect from disclosure, for 
up to 5 years after the information was developed, any in-
formation developed pursuant to a transaction under para-
graph (1) which developed information is of a character 
that it would be protected from disclosure under section 
552(b)(4) of title 5, United States Code, if obtained from 
a person other than a Federal agency. 
‘‘(5)(A) Not later than 90 days after the date of enact-
ment of this subsection, the Secretary shall prescribe guide-
lines for using other transactions authorized by paragraph 
(1).
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‘‘(B) The guidelines shall be published in the Federal 
Register for public comment under rulemaking procedures 
of the Department. 
‘‘(6) The authority of the Secretary under this sub-
section may be delegated only to an officer of the Depart-
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.’’. 
SEC. 1012. PRIZES FOR ACHIEVEMENT IN GRAND CHAL-
LENGES OF SCIENCE AND TECHNOLOGY. 
(a) AUTHORITY.—The Secretary may carry out a pro-
gram to award cash prizes in recognition of breakthrough 
achievements in research, development, demonstration, and 
commercial application that have the potential for applica-
tion to the performance of the mission of the Department. 
(b) COMPETITION
REQUIREMENTS.—The program 
under subsection (a) may include prizes for the achievement 
of goals articulated by the Secretary in a specific area 
through a widely advertised solicitation of submission of re-
sults for research, development, demonstration, or commer-
cial application projects. 
(c) RELATIONSHIP TO OTHER AUTHORITY.—The pro-
gram under subsection (a) may be carried out in conjunc-
tion with or in addition to the exercise of any other author-
ity of the Secretary to acquire, support, or stimulate re-