Sec. 1007. OTHER TRANSACTIONS AUTHORITY
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## SEC. 1007 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 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. > > > ##### “(C) > > The Secretary shall not have authority to carry out transactions under paragraph
(1)until the guidelines for transactions required under subparagraph
(A)are final. > > > #### “(7) > > The annual report of the head of an executive agency under section 2371(h) of title 10, United States Code, shall be submitted to Congress. > > > #### “(8) > > > #####
(A)> > In this paragraph, the term ‘**nontraditional Government contractor**’ has the meaning given the term ‘**nontraditional defense contractor**’ in section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note). > > > ##### “(B) > > Not later than 1 year after the date on which the final guidelines are published under paragraph (6), the Comptroller General of the United States shall submit to Congress a report describing— > > > ###### “(i) > > the use by the Department of authorities under this section, including the ability to attract nontraditional Government contractors; and > > > ###### “(ii) > > whether additional safeguards are necessary to carry out the authorities. > > > #### “(9) > > The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate. > > > #### “(10) > > Notwithstanding any other provision of law, the authority to enter into transactions under paragraph
(1)shall terminate on September 30, 2010.” > .
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- Pub. L. 103-160
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Sec. 1007
OTHER TRANSACTIONS AUTHORITY
Pub. L.Pub. L. 103-160
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