119 STAT. 918
in accordance with the annual plan under subsection (e); and (E) carry out other activities assigned to the program consortium by this section. (2) LIMITATION.—The Secretary may not assign any activities to the program consortium except as specifically authorized under this section. (3) CONFLICT OF INTEREST.— (A) PROCEDURES.—The Secretary shall establish procedures— (i) to ensure that each board member, officer, or employee of the program consortium who is in a decisionmaking capacity under subsection (f)(3) shall disclose to the Secretary any financial interests in, or financial relationships with, applicants for or recipients of awards under this section, including those of his or her spouse or minor child, unless such relationships or interests would be considered to be remote or inconsequential; and (ii) to require any board member, officer, or employee with a financial relationship or interest disclosed under clause (i) to recuse himself or herself from any oversight under subsection (f)(4) with respect to such applicant or recipient. (B) FAILURE TO COMPLY.—The Secretary may disqualify an application or revoke an award under this section if a board member, officer, or employee has failed to comply with procedures required under subparagraph (A)(ii). (d) SELECTION OF THE PROGRAM CONSORTIUM.— (1) IN GENERAL.—The Secretary shall select the program consortium through an open, competitive process. (2) MEMBERS.—The program consortium may include corporations, trade associations, institutions of higher education, National Laboratories, or other research institutions. After submitting a proposal under paragraph (4), the program consortium may not add members without the consent of the Secretary. (3) REQUIREMENT OF SECTION 501(c)(3) STATUS.—The Secretary shall not select a consortium under this section unless such consortium is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under such section 501(a) of such Code. (4) SCHEDULE.—Not later than 90 days after the date of enactment of this Act, the Secretary shall solicit proposals from eligible consortia to perform the duties in subsection (c)(1), which shall be submitted not later than 180 days after the date of enactment of this Act. The Secretary shall select the program consortium not later than 270 days after such date of enactment. (5) APPLICATION.—Applicants shall submit a proposal including such information as the Secretary may require. At a minimum, each proposal shall— (A) list all members of the consortium; (B) fully describe the structure of the consortium, including any provisions relating to intellectual property; and
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PUBLIC LAW 109–58—AUG. 8, 2005
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