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with respect to any undesirable duplication or gaps
1
in such programs;
2
‘‘(C) advise the Secretary with respect to the
3
well-being and management of the multipurpose lab-
4
oratories under the jurisdiction of the Department;
5
‘‘(D) advise the Secretary with respect to edu-
6
cation and training activities required for effective
7
short- and long-term basic and applied research ac-
8
tivities of the Department;
9
‘‘(E) advise the Secretary with respect to grants
10
and other forms of financial assistance required for
11
effective short- and long-term basic and applied re-
12
search activities of the Department; and
13
‘‘(F) exercise authority and responsibility over
14
Assistant Secretaries carrying out energy research
15
and development and energy technology functions
16
under sections 203 and 209, as well as other elements
17
of the Department assigned by the Secretary.’’.
18
(b) R
ECONFIGURATION OF
P
OSITION OF
D
IRECTOR OF
19
THE
O
FFICE OF
S
CIENCE
.—Section 209 of the Department
20
of Energy Organization Act (41 U.S.C. 7139) is amended
21
to read as follows:
22
‘‘(a) There shall be within the Department an Office
23
of Science, to be headed by an Assistant Secretary of
24
Science, who shall be appointed by the President, by and
25
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with the advice and consent of the Senate, and who shall
1
be compensated at the rate provided for level IV of the Exec-
2
utive Schedule under section 5315 of title 5, United States
3
Code.
4
‘‘(b) The Assistant Secretary of Science shall be in ad-
5
dition to the Assistant Secretaries provided for under sec-
6
tion 203 of this Act.
7
‘‘(c) It shall be the duty and responsibility of the As-
8
sistant Secretary of Science to carry out the fundamental
9
science and engineering research functions of the Depart-
10
ment, including the responsibility for policy and manage-
11
ment of such research, as well as other functions vested in
12
the Secretary which he may assign to the Assistant Sec-
13
retary.’’.
14
(c) A
DDITIONAL
A
SSISTANT
S
ECRETARY
P
OSITION
T
O
15
E
NABLE
I
MPROVED
M
ANAGEMENT OF
N
UCLEAR
E
NERGY
16
I
SSUES
.—
17
(1) Section 203(a) of the Department of Energy
18
Organization Act (42 U.S.C. 7133(a)) is amended by
19
striking ‘‘There shall be in the Department six Assist-
20
ant Secretaries’’ and inserting ‘‘Except as provided
21
in section 209, there shall be in the Department seven
22
Assistant Secretaries’’.
23
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(2) It is the sense of the Senate that the leader-
1
ship for departmental missions in nuclear energy
2
should be at the Assistant Secretary level.
3
(d) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
4
(1) Section 202 of the Department of Energy Or-
5
ganization Act (42 U.S.C. 7132) is further amended
6
by adding the following at the end:
7
‘‘(d) There shall be in the Department an Under Sec-
8
retary, who shall be appointed by the President, by and
9
with the advice and consent of the Senate, and who shall
10
perform such functions and duties as the Secretary shall
11
prescribe, consistent with this section. The Under Secretary
12
shall be compensated at the rate provided for level III of
13
the Executive Schedule under section 5314 of title 5, United
14
States Code.
15
‘‘(e) There shall be in the Department a General Coun-
16
sel, who shall be appointed by the President, by and with
17
the advice and consent of the Senate. The General Counsel
18
shall be compensated at the rate provided for level IV of
19
the Executive Schedule under section 5315 of title 5, United
20
States Code.’’.
21
(2) Section 5314 of title 5, United States Code,
22
is amended by striking ‘‘Under Secretaries of Energy
23
(2)’’ and inserting ‘‘Under Secretaries of Energy (3)’’.
24
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(3) Section 5315 of title 5, United States Code,
1
is amended by—
2
(A) striking ‘‘Director, Office of Science,
3
Department of Energy.’’; and
4
(B) striking ‘‘Assistant Secretaries of En-
5
ergy (6)’’ and inserting ‘‘Assistant Secretaries of
6
Energy (8)’’.
7
(4) The table of contents for the Department of
8
Energy Organization Act (42 U.S.C. 7101 note) is
9
amended—
10
(A) by striking ‘‘Section 209’’ and inserting
11
‘‘Sec. 209’’;
12
(B) by striking ‘‘213.’’ and inserting ‘‘Sec.
13
213.’’;
14
(C) by striking ‘‘214.’’ and inserting ‘‘Sec.
15
214.’’;
16
(D) by striking ‘‘215.’’ and inserting ‘‘Sec.
17
215.’’; and
18
(E) by striking ‘‘216.’’ and inserting ‘‘Sec.
19
216.’’.
20
SEC. 1407. IMPROVED COORDINATION OF TECHNOLOGY
21
TRANSFER ACTIVITIES.
22
(a) T
ECHNOLOGY
T
RANSFER
C
OORDINATOR
.—The
23
Secretary shall appoint a Technology Transfer Coordinator
24
to perform oversight of and policy development for tech-
25
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HR 6 EAS1S/PP
nology transfer activities at the Department. The Tech-
1
nology Transfer Coordinator shall coordinate the activities
2
of the Technology Partnerships Working Group, and shall
3
oversee the expenditure of funds allocated to the Technology
4
Partnership Working Group.
5
(b) T
ECHNOLOGY
P
ARTNERSHIP
W
ORKING
G
ROUP
.—
6
The Secretary shall establish a Technology Partnership
7
Working Group, which shall consist of representatives of the
8
National Laboratories and single-purpose research facili-
9
ties, to—
10
(1) coordinate technology transfer activities oc-
11
curring at National Laboratories and single-purpose
12
research facilities;
13
(2) exchange information about technology trans-
14
fer practices; and
15
(3) develop and disseminate to the public and
16
prospective technology partners information about op-
17
portunities and procedures for technology transfer
18
with the Department.
19
SEC. 1408. TECHNOLOGY INFRASTRUCTURE PROGRAM.
20
(a) E
STABLISHMENT
.—The Secretary shall establish a
21
Technology Infrastructure Program in accordance with this
22
section.
23
(b) P
URPOSE
.—The purpose of the Technology Infra-
24
structure Program shall be to improve the ability of Na-
25
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tional Laboratories or single-purpose research facilities to
1
support departmental missions by—
2
(1) stimulating the development of technology
3
clusters that can support departmental missions at
4
the National Laboratories or single-purpose research
5
facilities;
6
(2) improving the ability of National Labora-
7
tories or single-purpose research facilities to leverage
8
and benefit from commercial research, technology,
9
products, processes, and services; and
10
(3) encouraging the exchange of scientific and
11
technological expertise between National Laboratories
12
or single-purpose research facilities and—
13
(A) institutions of higher education,
14
(B) technology-related business concerns,
15
(C) nonprofit institutions, and
16
(D) agencies of State, tribal, or local gov-
17
ernments,
18
that can support departmental missions at the Na-
19
tional Laboratories and single-purpose research facili-
20
ties.
21
(c) P
ROJECTS
.—The Secretary shall authorize the Di-
22
rector of each National Laboratory or facility to implement
23
the Technology Infrastructure Program at such National
24
Laboratory or single-purpose research facility through
25
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HR 6 EAS1S/PP
projects that meet the requirements of subsections (d) and
1
(e).
2
(d) P
ROGRAM
R
EQUIREMENTS
.—Each project funded
3
under this section shall meet the following requirements:
4
(1) M
INIMUM PARTICIPANTS
.—Each project shall
5
at a minimum include—
6
(A) a National Laboratory or single-pur-
7
pose research facility; and
8
(B) one of the following entities—
9
(i) a business,
10
(ii) an institution of higher education,
11
(iii) a nonprofit institution, or
12
(iv) an agency of a State, local, or
13
tribal government.
14
(2) C
OST SHARING
.—
15
(A) M
INIMUM AMOUNT
.—Not less than 50
16
percent of the costs of each project funded under
17
this section shall be provided from non-Federal
18
sources.
19
(B)
Q
UALIFIED
FUNDING
AND
RE
-
20
SOURCES
.—(i) The calculation of costs paid by
21
the non-Federal sources to a project shall include
22
cash, personnel, services, equipment, and other
23
resources expended on the project.
24
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(ii) Independent research and development
1
expenses of Government contractors that qualify
2
for reimbursement under section 31–205–18(e) of
3
the Federal Acquisition Regulations issued pur-
4
suant to section 25(c)(1) of the Office of Federal
5
Procurement Policy Act (41 U.S.C. 421(c)(1))
6
may be credited towards costs paid by non-Fed-
7
eral sources to a project, if the expenses meet the
8
other requirements of this section.
9
(iii) No funds or other resources expended
10
either before the start of a project under this sec-
11
tion or outside the project’s scope of work shall
12
be credited toward the costs paid by the non-Fed-
13
eral sources to the project.
14
(3) C
OMPETITIVE SELECTION
.—All projects in
15
which a party other than the Department, a National
16
Laboratory, or a single-purpose research facility re-
17
ceives funding under this section shall, to the extent
18
practicable, be competitively selected by the National
19
Laboratory or facility using procedures determined to
20
be appropriate by the Secretary.
21
(4) A
CCOUNTING STANDARDS
.—Any participant
22
that receives funds under this section, other than a
23
National Laboratory or single-purpose research facil-
24
ity, may use generally accepted accounting principles
25
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HR 6 EAS1S/PP
for maintaining accounts, books, and records relating
1
to the project.
2
(5) L
IMITATIONS
.—No Federal funds shall be
3
made available under this section for—
4
(A) construction; or
5
(B) any project for more than 5 years.
6
(e) S
ELECTION
C
RITERIA
.—
7
(1) T
HRESHOLD FUNDING CRITERIA
.—The Sec-
8
retary shall allocate funds under this section only if
9
the Director of the National Laboratory or single-pur-
10
pose research facility managing the project determines
11
that the project is likely to improve the ability of the
12
National Laboratory or single-purpose research facil-
13
ity to achieve technical success in meeting depart-
14
mental missions.
15
(2) A
DDITIONAL CRITERIA
.—The Secretary shall
16
require the Director of the National Laboratory or
17
single-purpose research facility managing a project
18
under this section to consider the following criteria in
19
selecting a project to receive Federal funds—
20
(A) the potential of the project to succeed,
21
based on its technical merit, team members,
22
management approach, resources, and project
23
plan;
24
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HR 6 EAS1S/PP
(B) the potential of the project to promote
1
the development of a commercially sustainable
2
technology cluster, which will derive most of the
3
demand for its products or services from the pri-
4
vate sector, and which will support departmental
5
missions at the participating National Labora-
6
tory or single-purpose research facility;
7
(C) the potential of the project to promote
8
the use of commercial research, technology, prod-
9
ucts, processes, and services by the participating
10
National Laboratory or single-purpose research
11
facility to achieve its departmental mission or
12
the commercial development of technological in-
13
novations made at the participating National
14
Laboratory or single-purpose research facility;
15
(D) the commitment shown by non-Federal
16
organizations to the project, based primarily on
17
the nature and amount of the financial and
18
other resources they will risk on the project;
19
(E) the extent to which the project involves
20
a wide variety and number of institutions of
21
higher education, nonprofit institutions, and
22
technology-related business concerns that can
23
support the missions of the participating Na-
24
tional Laboratory or single-purpose research fa-
25
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HR 6 EAS1S/PP
cility and that will make substantive contribu-
1
tions to achieving the goals of the project;
2
(F) the extent of participation in the project
3
by agencies of State, tribal, or local governments
4
that will make substantive contributions to
5
achieving the goals of the project;
6
(G) the extent to which the project focuses
7
on promoting the development of technology-re-
8
lated business concerns that are small business
9
concerns or involves such small business concerns
10
substantively in the project; and
11
(H) such other criteria as the Secretary de-
12
termines to be appropriate.
13
(f) R
EPORT TO
C
ONGRESS
.—Not later than January
14
1, 2004, the Secretary shall report to Congress on whether
15
the Technology Infrastructure Program should be continued
16
and, if so, how the program should be managed.
17
(g) D
EFINITIONS
.—In this section:
18
(1) T
ECHNOLOGY
CLUSTER
.—The term ‘‘tech-
19
nology cluster’’ means a concentration of—
20
(A) technology-related business concerns;
21
(B) institutions of higher education; or
22
(C) other nonprofit institutions;
23
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