347
entist programs to encourage national laboratories and in-
stitutions of higher education to share and exchange per-
sonnel. 
(e) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘concentrating solar power de-
vices’’ means devices that concentrate the power of 
the sun by reflection or refraction to improve the ef-
ficiency of a photovoltaic or thermal generation proc-
ess; 
(2) the term ‘‘institution of higher education’’ 
has the meaning given to that term in section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)); 
(3) the term ‘‘minority institution’’ has the 
meaning given to that term in section 365 of the 
Higher Education Act of 1965 (20 U.S.C. 1067k); 
(4) the term ‘‘part B institution’’ has the mean-
ing given to that term in section 322 of the Higher 
Education Act of 1965 (20 U.S.C. 1061); and 
(5) the term ‘‘photovoltaic devices’’ means de-
vices that convert light directly into electricity 
through a solid-state, semiconductor process.
348
TITLE IX—RESEARCH AND 
DEVELOPMENT 
SEC. 900. SHORT TITLE; DEFINITIONS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Energy Research, Development, Demonstration, and 
Commercial Application Act of 2005’’. 
(b) DEFINITIONS.—For purposes of this title: 
(1) APPLIED PROGRAMS.—The term ‘‘applied 
programs’’ means the research, development, dem-
onstration, and commercial application programs of 
the Department concerning energy efficiency, renew-
able energy, nuclear energy, fossil energy, and elec-
tricity transmission and distribution. 
(2) BIOMASS.—The term ‘‘biomass’’ means—
(A) any organic material grown for the 
purpose of being converted to energy; 
(B) any organic byproduct of agriculture 
(including wastes from food production and 
processing) that can be converted into energy; 
or 
(C) any waste material that can be con-
verted to energy, is segregated from other waste 
materials, and is derived from—
(i) any of the following forest-related 
resources: mill residues, precommercial
349
thinnings, slash, brush, or otherwise non-
merchantable material; or 
(ii) wood waste materials, including 
waste pallets, crates, dunnage, manufac-
turing and construction wood wastes (other 
than pressure-treated, chemically-treated, 
or painted wood wastes), and landscape or 
right-of-way tree trimmings, but not in-
cluding municipal solid waste, gas derived 
from the biodegradation of municipal solid 
waste, or paper that is commonly recycled. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(4) DEPARTMENTAL MISSION.—The term ‘‘de-
partmental mission’’ means any of the functions 
vested in the Secretary of Energy by the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 
et seq.) or other law. 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(6) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means any of the following lab-
oratories owned by the Department:
350
(A) Ames Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Accelerator Labora-
tory. 
(E) Idaho National Laboratory. 
(F) Lawrence Berkeley National Labora-
tory. 
(G) Lawrence Livermore National Labora-
tory. 
(H) Los Alamos National Laboratory. 
(I) National Energy Technology Labora-
tory. 
(J) National Renewable Energy Labora-
tory. 
(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Labora-
tory. 
(M) Princeton Plasma Physics Laboratory. 
(N) Sandia National Laboratories. 
(O) Savannah River National Laboratory. 
(P) Stanford Linear Accelerator Center. 
(Q) Thomas Jefferson National Accel-
erator Facility.
351
(7) RENEWABLE ENERGY.—The term ‘‘renew-
able energy’’ means energy from wind, sunlight, the 
flow of water, heat from the Earth, or biomass that 
can be converted into a usable form such as process 
heat, electricity, fuel, or space heat. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(9) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, the North-
ern Mariana Islands, and any other commonwealth, 
territory, or possession of the United States. 
(10) UNIVERSITY.—The term ‘‘university’’ has 
the meaning given the term ‘‘institution of higher 
education’’ in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
(11) USER FACILITY.—The term ‘‘user facility’’ 
means a research and development facility sup-
ported, in whole or in part, by Departmental funds 
that is open, at a minimum, to all qualified United 
States researchers.
352
Subtitle A—Science Programs 
SEC. 901. OFFICE OF SCIENCE PROGRAMS. 
(a) IN GENERAL.—The Secretary shall conduct, 
through the Office of Science, programs of research, devel-
opment, demonstration, and commercial application in 
high energy physics, nuclear physics, biological and envi-
ronmental research, basic energy sciences, advanced sci-
entific computing research, and fusion energy sciences, in-
cluding activities described in this subtitle. The programs 
shall include support for facilities and infrastructure, edu-
cation, outreach, information, analysis, and coordination 
activities. 
(b) RARE ISOTOPE ACCELERATOR.—
(1) ESTABLISHMENT.—The Secretary shall con-
struct and operate a Rare Isotope Accelerator. The 
Secretary shall commence construction no later than 
September 30, 2008. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out 
this subsection. The Secretary shall not spend more 
than $1,100,000,000 in Federal funds for all activi-
ties associated with the Rare Isotope Accelerator 
prior to operation.
353
SEC. 902. SYSTEMS BIOLOGY PROGRAM. 
(a) PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a research, development, and demonstration 
program in genetics, protein science, and computa-
tional biology to support the energy, national secu-
rity, and environmental missions of the Department. 
(2) GRANTS.—The program shall support indi-
vidual researchers and multidisciplinary teams of re-
searchers 
through 
competitive, 
merit-reviewed 
grants. 
(3) CONSULTATION.—In carrying out the pro-
gram, the Secretary shall consult with other Federal 
agencies that conduct genetic and protein research. 
(b) GOALS.—The program shall have the goal of de-
veloping technologies and methods based on the biological 
functions of genomes, microbes, and plants that—
(1) can facilitate the production of fuels, includ-
ing hydrogen; 
(2) convert carbon dioxide to organic carbon; 
(3) detoxify soils and water, including at De-
partmental facilities, contaminated with heavy met-
als and radiological materials; and 
(4) address other Department missions as iden-
tified by the Secretary. 
(c) PLAN.—
354
(1) DEVELOPMENT OF PLAN.—Not later than 1 
year after the date of enactment of this Act, the 
Secretary shall prepare and transmit to Congress a 
research plan describing how the program author-
ized pursuant to this section will be undertaken to 
accomplish the program goals established in sub-
section (b). 
(2) REVIEW
OF
PLAN.—The Secretary shall 
contract with the National Academy of Sciences to 
review the research plan developed under this sub-
section. The Secretary shall transmit the review to 
Congress not later than 18 months after transmittal 
of the research plan under paragraph (1), along with 
the Secretary’s response to the recommendations 
contained in the review. 
(d) USER
FACILITIES
AND
ANCILLARY
EQUIP-
MENT.—Within the funds authorized to be appropriated 
pursuant to this subtitle, the amounts specified under sec-
tion 910(b)(1), (c)(1), (d)(1), (e)(1), and (f)(1) shall be 
available for projects to develop, plan, construct, acquire, 
or operate special equipment, instrumentation, or facili-
ties, including user facilities, for researchers conducting 
research, development, demonstration, and commercial ap-
plication in systems biology and proteomics and associated 
biological disciplines.
355
(e) PROHIBITION ON BIOMEDICAL AND HUMAN CELL 
AND HUMAN SUBJECT RESEARCH.—
(1) NO BIOMEDICAL RESEARCH.—In carrying 
out the program under this section, the Secretary 
shall not conduct biomedical research. 
(2) LIMITATIONS.—Nothing in this section shall 
authorize the Secretary to conduct any research or 
demonstrations—
(A) on human cells or human subjects; or 
(B) designed to have direct application 
with respect to human cells or human subjects. 
SEC. 903. CATALYSIS RESEARCH AND DEVELOPMENT PRO-
GRAM. 
(a) ESTABLISHMENT.—The Secretary shall conduct 
a program of research and development in catalysis 
science, including efforts to—
(1) enable molecular-level catalyst design by 
coupling 
experimental 
and 
computational 
ap-
proaches; 
(2) enable nanoscale, high-throughput syn-
thesis, assay, and characterization; and 
(3) synthesize catalysts with specific site archi-
tectures. 
(b) PROGRAM ACTIVITIES.—In carrying out the pro-
gram under this section, the Secretary shall—
356
(1) support both individual researchers and 
multidisciplinary teams of researchers to pioneer 
new approaches in catalytic design; 
(2) develop, plan, construct, acquire, or operate 
special equipment or facilities, including user facili-
ties; 
(3) support technology transfer activities to 
benefit industry and other users of catalysis science 
and engineering; and 
(4) coordinate research and development activi-
ties with industry and other Federal agencies. 
SEC. 904. HYDROGEN. 
The Secretary shall conduct a program of funda-
mental research and development in support of programs 
authorized in titleVIII. 
SEC. 905. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 
The Secretary shall conduct an advanced scientific 
computing research and development program, including 
in applied mathematics and the activities authorized by 
the Department of Energy High-End Computing Revital-
ization Act of 2004 (15 U.S.C. 5541 et seq.). The Sec-
retary shall carry out this program with the goal of sup-
porting departmental missions and providing the high-per-
formance computational, networking, and workforce re-
sources that are required for world leadership in science.
357
SEC. 906. FUSION ENERGY SCIENCES PROGRAM. 
(a) DECLARATION OF POLICY.—It shall be the policy 
of the United States to conduct research, development, 
demonstration, and commercial application to provide for 
the scientific, engineering, and commercial infrastructure 
necessary to ensure that the United States is competitive 
with other nations in providing fusion energy for its own 
needs and the needs of other nations, including by dem-
onstrating electric power or hydrogen production for the 
United States energy grid utilizing fusion energy at the 
earliest date possible. 
(b) PLANNING.—
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall transmit to Congress a plan, with pro-
posed cost estimates, budgets, and lists of potential 
international partners, for the implementation of the 
policy described in subsection (a). The plan shall en-
sure that—
(A) existing fusion research facilities are 
more fully utilized; 
(B) fusion science, technology, theory, ad-
vanced computation, modeling, and simulation 
are strengthened; 
(C) new magnetic and inertial fusion re-
search and development facilities are selected
358
based on scientific innovation, cost effective-
ness, and their potential to advance the goal of 
practical fusion energy at the earliest date pos-
sible, and those that are selected are funded at 
a cost-effective rate; 
(D) communication of scientific results and 
methods between the fusion energy science com-
munity and the broader scientific and tech-
nology communities is improved; 
(E) inertial confinement fusion facilities 
are utilized to the extent practicable for the 
purpose of inertial fusion energy research and 
development; and 
(F) attractive alternative inertial and mag-
netic fusion energy approaches are more fully 
explored. 
(2) COSTS AND SCHEDULES.—Such plan shall 
also address the status of and, to the degree pos-
sible, costs and schedules for—
(A) the design and implementation of 
international or national facilities for the test-
ing of fusion materials; and 
(B) the design and implementation of 
international or national facilities for the test-
ing and development of key fusion technologies.
359
(c) UNITED STATES PARTICIPATION IN ITER.—
(1) IN GENERAL.—The United States may par-
ticipate in ITER only in accordance with this sub-
section. 
(2) AGREEMENT.—
(A) IN GENERAL.—The Secretary is au-
thorized to negotiate an agreement for United 
States participation in ITER. 
(B) 
CONTENTS.—Any 
agreement 
for 
United States participation in ITER shall, at a 
minimum—
(i) clearly define the United States fi-
nancial contribution to construction and 
operating costs, as well as any other costs 
associated with the project; 
(ii) ensure that the share of ITER’s 
high-technology components manufactured 
in the United States is at least propor-
tionate to the United States financial con-
tribution to ITER; 
(iii) ensure that the United States will 
not be financially responsible for cost over-
runs in components manufactured in other 
ITER participating countries;
360
(iv) guarantee the United States full 
access to all data generated by ITER; 
(v) enable United States researchers 
to propose and carry out an equitable 
share of the experiments at ITER; 
(vi) provide the United States with a 
role in all collective decisionmaking related 
to ITER; and 
(vii) describe the process for dis-
continuing or decommissioning ITER and 
any United States role in that process. 
(3) PLAN.—The Secretary, in consultation with 
the Fusion Energy Sciences Advisory Committee, 
shall develop a plan for the participation of United 
States scientists in ITER that shall include the 
United States research agenda for ITER, methods 
to evaluate whether ITER is promoting progress to-
ward making fusion a reliable and affordable source 
of power, and a description of how work at ITER 
will relate to other elements of the United States fu-
sion program. The Secretary shall request a review 
of the plan by the National Academy of Sciences. 
(4) LIMITATION.—No Federal funds shall be 
expended for the construction of ITER until the 
Secretary has transmitted to Congress—
361
(A) the agreement negotiated pursuant to 
paragraph (2) and 120 days have elapsed since 
that transmission; 
(B) a report describing the management 
structure of ITER and providing a fixed dollar 
estimate of the cost of United States participa-
tion in the construction of ITER, and 120 days 
have elapsed since that transmission; 
(C) a report describing how United States 
participation in ITER will be funded without 
reducing funding for other programs in the Of-
fice of Science, including other fusion programs, 
and 60 days have elapsed since that trans-
mission; and 
(D) the plan required by paragraph (3) 
(but not the National Academy of Sciences re-
view of that plan), and 60 days have elapsed 
since that transmission. 
(5) ALTERNATIVE
TO
ITER.—If at any time 
during the negotiations on ITER, the Secretary de-
termines that construction and operation of ITER is 
unlikely or infeasible, the Secretary shall send to 
Congress, as part of the budget request for the fol-
lowing year, a plan for implementing a domestic 
burning plasma experiment including costs and
362
schedules for such a plan. The Secretary shall refine 
such plan in full consultation with the Fusion En-
ergy Sciences Advisory Committee and shall also 
transmit such plan to the National Academy of 
Sciences for review. 
(6) DEFINITIONS.—In this subsection: 
(A) CONSTRUCTION.— The term ‘‘con-
struction’’ means the physical construction of 
the ITER facility, and the physical construc-
tion, purchase, or manufacture of equipment or 
components that are specifically designed for 
the ITER facility, but does not mean the design 
of the facility, equipment, or components. 
(B) ITER.—The term ‘‘ITER’’ means the 
international burning plasma fusion research 
project in which the President announced 
United States participation on January 30, 
2003, or any similar international project. 
SEC. 907. SCIENCE AND TECHNOLOGY SCHOLARSHIP PRO-
GRAM. 
(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized 
to establish a Science and Technology Scholarship 
Program to award scholarships to individuals that is
363
designed to recruit and prepare students for careers 
in the Department. 
(2) COMPETITIVE PROCESS.—Individuals shall 
be selected to receive scholarships under this section 
through a competitive process primarily on the basis 
of academic merit, with consideration given to finan-
cial need and the goal of promoting the participation 
of individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b). 
(3) SERVICE AGREEMENTS.—To carry out the 
Program the Secretary shall enter into contractual 
agreements with individuals selected under para-
graph (2) under which the individuals agree to serve 
as full-time employees of the Department, for the 
period described in subsection (f)(1), in positions 
needed by the Department and for which the individ-
uals are qualified, in exchange for receiving a schol-
arship. 
(b) SCHOLARSHIP ELIGIBILITY.—In order to be eligi-
ble to participate in the Program, an individual must—
(1) be enrolled or accepted for enrollment as a 
full-time graduate student at an institution of higher 
education in an academic program or field of study
364
described in the list made available under subsection 
(d); 
(2) be a United States citizen; and 
(3) at the time of the initial scholarship award, 
not be a Federal employee as defined in section 
2105 of title 5 of the United States Code. 
(c) APPLICATION REQUIRED.—An individual seeking 
a scholarship under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
containing such information, agreements, or assurances as 
the Secretary may require. 
(d) ELIGIBLE ACADEMIC PROGRAMS.—The Secretary 
shall make publicly available a list of academic programs 
and fields of study for which scholarships under the Pro-
gram may be utilized, and shall update the list as nec-
essary. 
(e) SCHOLARSHIP REQUIREMENT.—
(1) IN GENERAL.—The Secretary may provide a 
scholarship under the Program for an academic year 
if the individual applying for the scholarship has 
submitted to the Secretary, as part of the applica-
tion required under subsection (c), a proposed aca-
demic program leading to a degree in a program or 
field of study on the list made available under sub-
section (d).
365
(2) DURATION OF ELIGIBILITY.—An individual 
may not receive a scholarship under this section for 
more than 4 academic years, unless the Secretary 
grants a waiver. 
(3) 
SCHOLARSHIP
AMOUNT.—The 
dollar 
amount of a scholarship under this section for an 
academic year shall be determined under regulations 
issued by the Secretary, but shall in no case exceed 
the cost of attendance. 
(4) AUTHORIZED
USES.—A scholarship pro-
vided under this section may be expended for tuition, 
fees, and other authorized expenses as established by 
the Secretary by regulation. 
(5) CONTRACTS REGARDING DIRECT PAYMENTS 
TO INSTITUTIONS.—The Secretary may enter into a 
contractual agreement with an institution of higher 
education under which the amounts provided for a 
scholarship under this section for tuition, fees, and 
other authorized expenses are paid directly to the in-
stitution with respect to which the scholarship is 
provided. 
(f) PERIOD OF OBLIGATED SERVICE.—
(1) DURATION
OF
SERVICE.—The period of 
service for which an individual shall be obligated to 
serve as an employee of the Department is, except
366
as provided in subsection (h)(2), 24 months for each 
academic year for which a scholarship under this 
section is provided. 
(2) SCHEDULE FOR SERVICE.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), obligated service under para-
graph (1) shall begin not later than 60 days 
after the individual obtains the educational de-
gree for which the scholarship was provided. 
(B) DEFERRAL.—The Secretary may defer 
the obligation of an individual to provide a pe-
riod of service under paragraph (1) if the Sec-
retary determines that such a deferral is appro-
priate. The Secretary shall prescribe the terms 
and conditions under which a service obligation 
may be deferred through regulation. 
(g) PENALTIES
FOR
BREACH
OF
SCHOLARSHIP 
AGREEMENT.—
(1) FAILURE TO COMPLETE ACADEMIC TRAIN-
ING.—Scholarship recipients who fail to maintain a 
high level of academic standing, as defined by the 
Secretary by regulation, who are dismissed from 
their educational institutions for disciplinary rea-
sons, or who voluntarily terminate academic training 
before graduation from the educational program for
367
which the scholarship was awarded, shall be in 
breach of their contractual agreement and, in lieu of 
any service obligation arising under such agreement, 
shall be liable to the United States for repayment 
not later than 1 year after the date of default of all 
scholarship funds paid to them and to the institution 
of higher education on their behalf under the agree-
ment, except as provided in subsection (h)(2). The 
repayment period may be extended by the Secretary 
when determined to be necessary, as established by 
regulation. 
(2) FAILURE
TO
BEGIN
OR
COMPLETE
THE 
SERVICE
OBLIGATION
OR
MEET
THE
TERMS
AND 
CONDITIONS OF DEFERMENT.—A scholarship recipi-
ent who, for any reason, fails to begin or complete 
a service obligation under this section after comple-
tion of academic training, or fails to comply with the 
terms and conditions of deferment established by the 
Secretary pursuant to subsection (f)(2)(B), shall be 
in breach of the contractual agreement. When a re-
cipient breaches an agreement for the reasons stated 
in the preceding sentence, the recipient shall be lia-
ble to the United States for an amount equal to—
368
(A) the total amount of scholarships re-
ceived by such individual under this section; 
plus 
(B) the interest on the amounts of such 
awards which would be payable if at the time 
the awards were received they were loans bear-
ing interest at the maximum legal prevailing 
rate, as determined by the Treasurer of the 
United States, 
multiplied by 3. 
(h) WAIVER OR SUSPENSION OF OBLIGATION.—
(1) DEATH OF INDIVIDUAL.—Any obligation of 
an individual incurred under the Program (or a con-
tractual agreement thereunder) for service or pay-
ment shall be canceled upon the death of the indi-
vidual. 
(2) IMPOSSIBILITY OR EXTREME HARDSHIP.—
The Secretary shall by regulation provide for the 
partial or total waiver or suspension of any obliga-
tion of service or payment incurred by an individual 
under the Program (or a contractual agreement 
thereunder) whenever compliance by the individual is 
impossible or would involve extreme hardship to the 
individual, or if enforcement of such obligation with
369
respect to the individual would be contrary to the 
best interests of the Government. 
(i) DEFINITIONS.—In this section the following defi-
nitions apply: 
(1) COST OF ATTENDANCE.—The term ‘‘cost of 
attendance’’ has the meaning given that term in sec-
tion 472 of the Higher Education Act of 1965 (20 
U.S.C. 1087ll). 
(2) PROGRAM.—The term ‘‘Program’’ means 
the Science and Technology Scholarship Program es-
tablished under this section. 
SEC. 908. OFFICE OF SCIENTIFIC AND TECHNICAL INFOR-
MATION. 
The Secretary shall maintain within the Department 
the Office of Scientific and Technical Information. 
SEC. 909. SCIENCE AND ENGINEERING PILOT PROGRAM. 
(a) ESTABLISHMENT
OF CONSORTIUM.—Notwith-
standing section 913, the Secretary shall award a grant 
to Oak Ridge Associated Universities to establish a univer-
sity consortium to carry out a regional pilot program for 
enhancing scientific, technological, engineering, and math-
ematical literacy, creativity, and decisionmaking. The con-
sortium shall include leading research universities, one or 
more universities that train substantial numbers of ele-
370
mentary and secondary school teachers, and, where appro-
priate, National Laboratories. 
(b) PROGRAM ELEMENTS.—The program shall in-
clude—
(1) expanding strategic, formal partnerships 
among universities with strength in research, univer-
sities that train substantial numbers of elementary 
and secondary school teachers, and the private sec-
tor; 
(2) combining Department expertise with one or 
more National Aeronautics and Space Administra-
tion Educator Resource Centers; 
(3) developing programs to permit current and 
future teachers to participate in ongoing research 
projects at National Laboratories and research uni-
versities and to adapt lessons learned to the class-
room; 
(4) designing and implementing course work; 
(5) designing and implementing a strategy for 
measuring and assessing progress under the pro-
gram; and 
(6) developing models for transferring knowl-
edge gained under the pilot program to other insti-
tutions and areas of the country.
371
(c) REPORT.—Not later than 2 years after appropria-
tions are first available for the program, the Secretary 
shall transmit to Congress a report outlining lessons 
learned and containing a plan for expanding the program 
nationwide. The Secretary may begin implementation of 
such plan for expansion of the program on October 1, 
2008. The expansion of the program shall be subject to 
section 913. 
SEC. 910. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—In addition to amounts authorized 
to 
be 
appropriated 
under 
the 
21st 
Century 
Nanotechnology Research and Development Act (15 
U.S.C. 7501 et seq.) and the Department of Energy High-
End Computing Revitalization Act of 2004 (15 U.S.C. 
5541 et seq.), the following sums are authorized to be ap-
propriated to the Secretary for the purposes of carrying 
out this subtitle: 
(1) For fiscal year 2006, $3,785,000,000. 
(2) For fiscal year 2007, $4,153,000,000. 
(3) For fiscal year 2008, $4,628,000,000. 
(4) For fiscal year 2009, $5,300,000,000. 
(5) For fiscal year 2010, $5,800,000,000. 
(b) 2006 ALLOCATIONS.—From amounts authorized 
under subsection (a)(1), the following sums are authorized 
for fiscal year 2006:
372
(1) SYSTEMS
BIOLOGY.—For activities under 
section 902, $100,000,000. 
(2) SCIENTIFIC
COMPUTING.—For activities 
under section 905, $252,000,000. 
(3) FUSION ENERGY SCIENCES.—For activities 
under section 906, excluding activities under sub-
section (c) of that section, $335,000,000. 
(4) SCHOLARSHIP.—For the scholarship pro-
gram described in section 907, $800,000. 
(5) OFFICE OF SCIENTIFIC AND TECHNICAL IN-
FORMATION.—For activities under section 908, 
$7,000,000. 
(6) PILOT PROGRAM.—For activities under sec-
tion 909, $4,000,000. 
(c) 2007 ALLOCATIONS.—From amounts authorized 
under subsection (a)(2), the following sums are authorized 
for fiscal year 2007: 
(1) SYSTEMS
BIOLOGY.—For activities under 
section 902, such sums as may be necessary. 
(2) SCIENTIFIC
COMPUTING.—For activities 
under section 905, $270,000,000. 
(3) FUSION ENERGY SCIENCES.—For activities 
under section 906, excluding activities under sub-
section (c) of that section, $349,000,000.
373
(4) SCHOLARSHIP.—For the scholarship pro-
gram described in section 907, $1,600,000. 
(5) OFFICE OF SCIENTIFIC AND TECHNICAL IN-
FORMATION.—For activities under section 908, 
$7,500,000. 
(6) PILOT PROGRAM.—For activities under sec-
tion 909, $4,000,000. 
(d) 2008 ALLOCATIONS.—From amounts authorized 
under subsection (a)(3), the following sums are authorized 
for fiscal year 2008: 
(1) SYSTEMS
BIOLOGY.—For activities under 
section 902, such sums as may be necessary. 
(2) SCIENTIFIC
COMPUTING.—For activities 
under section 905, $350,000,000. 
(3) FUSION ENERGY SCIENCES.—For activities 
under section 906, excluding activities under sub-
section (c) of that section, $362,000,000. 
(4) SCHOLARSHIP.—For the scholarship pro-
gram described in section 907, $2,000,000. 
(5) OFFICE OF SCIENTIFIC AND TECHNICAL IN-
FORMATION.—For activities under section 908, 
$8,000,000. 
(6) PILOT PROGRAM.—For activities under sec-
tion 909, $4,000,000.
374
(e) 2009 ALLOCATIONS.—From amounts authorized 
under subsection (a)(4), the following sums are authorized 
for fiscal year 2009: 
(1) SYSTEMS
BIOLOGY.—For activities under 
section 902, such sums as may be necessary. 
(2) SCIENTIFIC
COMPUTING.—For activities 
under section 905, $375,000,000. 
(3) FUSION ENERGY SCIENCES.—For activities 
under section 906, excluding activities under sub-
section (c) of that section, $377,000,000. 
(4) SCHOLARSHIP.—For the scholarship pro-
gram described in section 907, $2,000,000. 
(5) OFFICE OF SCIENTIFIC AND TECHNICAL IN-
FORMATION.—For activities under section 908, 
$8,000,000. 
(6) PILOT PROGRAM.—For activities under sec-
tion 909, $8,000,000. 
(f) 2010 ALLOCATIONS.—From amounts authorized 
under subsection (a)(5), the following sums are authorized 
for fiscal year 2010: 
(1) SYSTEMS
BIOLOGY.—For activities under 
section 902, such sums as may be necessary. 
(2) SCIENTIFIC
COMPUTING.—For activities 
under section 905, $400,000,000.
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(3) FUSION ENERGY SCIENCES.—For activities 
under section 906, excluding activities under sub-
section (c) of that section, $393,000,000. 
(4) SCHOLARSHIP.—For the scholarship pro-
gram described in section 907, $2,000,000. 
(5) OFFICE OF SCIENTIFIC AND TECHNICAL IN-
FORMATION.—For activities under section 908, 
$8,500,000. 
(6) PILOT PROGRAM.—For activities under sec-
tion 909, $8,000,000. 
(g) ITER CONSTRUCTION.—From amounts author-
ized under subsection (a) and in addition to amounts au-
thorized under subsections (b)(3), (c)(3), (d)(3), (e)(3), 
and (f)(3), there are authorized to be appropriated to the 
Secretary such sums as may be necessary for ITER con-
struction, consistent with the limitations of section 906(c). 
Subtitle B—Research 
Administration and Operations 
SEC. 911. COST SHARING. 
(a) RESEARCH AND DEVELOPMENT.—Except as oth-
erwise provided in this title, for research and development 
programs carried out under this title, the Secretary shall 
require a commitment from non-Federal sources of at 
least 20 percent of the cost of the project. The Secretary 
may reduce or eliminate the non-Federal requirement
376
under this subsection if the Secretary determines that the 
research and development is of a basic or fundamental na-
ture. 
(b) DEMONSTRATION
AND COMMERCIAL APPLICA-
TION.—Except as otherwise provided in this title, the Sec-
retary shall require at least 50 percent of the costs related 
to any demonstration or commercial application activities 
under this title to be provided from non-Federal sources. 
The Secretary may reduce the non-Federal requirement 
under this subsection if the Secretary determines that the 
reduction is necessary and appropriate considering the 
technological risks involved in the project and is necessary 
to meet the objectives of this title. 
(c) CALCULATION OF AMOUNT.—In calculating the 
amount of the non-Federal commitment under subsection 
(a) or (b), the Secretary may include personnel, services, 
equipment, and other resources. 
(d) SIZE OF NON-FEDERAL SHARE.—The Secretary 
may consider the amount of the non-Federal share in se-
lecting projects under this title. 
SEC. 912. REPROGRAMMING. 
(a) DISTRIBUTION REPORT.—Not later than 60 days 
after the date of enactment of an Act appropriating 
amounts authorized under this title, the Secretary shall 
transmit to Congress a report explaining how such
377
amounts will be distributed among the activities author-
ized by this title. 
(b) REPROGRAMMING LETTER.—No amount author-
ized by this title shall be obligated or expended for a pur-
pose inconsistent with the appropriations Act appro-
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-
378
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: 
(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.
379
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-
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.
380
(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-
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
381
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. 
(c) MEMBERSHIP.—Each member of an advisory 
committee appointed under this section shall have signifi-
cant scientific, technical, or other appropriate expertise. 
The membership of each committee shall represent a wide 
range of expertise, including, to the extent practicable, 
members with expertise from outside the disciplines cov-
ered by the program, and a diverse set of interests. 
(d) MEETINGS AND PURPOSES.—Each advisory com-
mittee under this section shall meet at least semiannually 
to review and advise on the progress made by the respec-
tive research, development, demonstration, and commer-
cial application program or programs. The advisory com-
mittee shall also review the measurable cost and perform-
ance-based goals for the applied programs, and the 
progress on meeting such goals. 
(e) REVIEW AND ASSESSMENT.—Not later than 6 
months after the date of enactment of this Act, the Sec-
retary shall enter into arrangements with the National 
Academy of Sciences to conduct reviews and assessments