Page:United States Statutes at Large Volume 119.djvu/950

 119 STAT. 932

PUBLIC LAW 109–58—AUG. 8, 2005 (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 by striking ‘‘Assistant Secretaries of Energy (6)’’ and inserting ‘‘Assistant Secretaries of Energy (7)’’. (4) Section 209(b) of the Department of Energy Organization Act (42 U.S.C. 7139(b)) is amended by striking paragraph (6) and inserting the following: ‘‘(6) to carry out such additional duties assigned to the Office by the Secretary.’’.

SEC. 1007. OTHER TRANSACTIONS AUTHORITY.

Deadline. Guidelines. Federal Register, publication.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

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 authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense under section 2371 of title 10, United States Code (other than subsections (b) and (f) of that section). ‘‘(2) In applying section 2371 of title 10, United States Code, to the Secretary under paragraph (1)— ‘‘(A) the term ‘basic’ shall be replaced by the term ‘research’; ‘‘(B) the term ‘applied’ shall be replaced by the term ‘development’; and ‘‘(C) the terms ‘advanced research projects’ and ‘advanced research’ shall be replaced by the term ‘demonstration projects’. ‘‘(3) The authority of the Secretary under paragraph (1) shall not be subject to— ‘‘(A) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908); or ‘‘(B) section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182). ‘‘(4)(A) The Secretary shall use such competitive, merit-based selection procedures in entering into transactions under paragraph (1), as the Secretary determines in writing to be practicable. ‘‘(B) A transaction under paragraph (1) shall relate to a research, development, or demonstration project only if the Secretary determines in writing that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate. ‘‘(5) The Secretary may protect from disclosure, for up to 5 years after the date on which the information is developed, any information developed pursuant to a transaction under paragraph (1) that 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. ‘‘(6)(A) Not later than 90 days after the date of enactment of this subsection, the Secretary shall issue guidelines for transactions under paragraph (1). ‘‘(B) The guidelines shall be published in the Federal Register for public comment in accordance with rulemaking procedures of the Department.

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