" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPT. 109–216 

Part 1 

ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON SCIENCE 

ON

H.R. 610 


E:\Seals\Congress.#13
ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, 

AND COMMERCIAL APPLICATION ACT OF 2005 

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

22–718 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPT. 109–216 

2005

Part 1 

ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON SCIENCE 

ON

H.R. 610 


E:\Seals\Congress.#13
109TH CONGRESS REPT. 109–216 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, 

AND COMMERCIAL APPLICATION ACT OF 2005 

JULY 29, 2005.—Ordered to be printed 

Mr. BOEHLERT, from the Committee on Science, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 610] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, to whom was referred the bill (H.R. 

610) to provide for Federal energy research, development, demonstration, and commercial application activities, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

I. Amendment ................................................................................................. 2 

II. Purpose of the Bill ...................................................................................... 54 

III. Background and Need for Legislation ....................................................... 54 

IV. Summary of Hearings ................................................................................. 57 

V. Committee Actions ...................................................................................... 61 

VI. Summary of Major Provisions of Bill as Amended ................................... 64 

VII. Section-by-Section Analysis of the Bill as Amended ................................ 66 

VIII. Committee Views ........................................................................................ 79 

IX. Cost Estimate .............................................................................................. 98 

X. Congressional Budget Office Cost Estimate ............................................. 99 

XI. Compliance With Public Law 104–4 .......................................................... 102 

XII. Committee Oversight Findings and Recommendations ........................... 102 

XIII. Constitutional Authority Statement .......................................................... 102 

XIV. Federal Advisory Committee Statement ................................................... 102 

XV. Congressional Accountability Act .............................................................. 103 

XVI. Statement on Preemption of State, Local, or Tribal Law ........................ 103 

XVII. Changes in Existing Law Made by the Bill, as Reported ........................ 103 

XVIII. Committee Recommendations .................................................................... 105 

XIX. Statement of General Performance Goals and Objectives ....................... 105 

XX. Exchange of Committee Correspondence .................................................. 106 

XXI. Additional Views ......................................................................................... 108 

XXII. Proceedings of Full Committee Markup .................................................... 115 

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I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Energy Research, Development, 

Demonstration, and Commercial Application Act of 2005’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—SCIENCE PROGRAMS 

Sec. 101. Office of Science programs. 

Sec. 102. Systems biology program. 

Sec. 103. Catalysis Research and Development Program. 

Sec. 104. Hydrogen. 

Sec. 105. Advanced scientific computing research. 

Sec. 106. Fusion Energy Sciences program. 

Sec. 107. Science and Technology Scholarship Program. 

Sec. 108. Office of Scientific and Technical Information. 

Sec. 109. Science and engineering pilot program. 

Sec. 110. Authorization of appropriations. 

TITLE II—RESEARCH ADMINISTRATION AND OPERATIONS 

Sec. 201. Cost Sharing. 

Sec. 202. Reprogramming. 

Sec. 203. Merit-based competition. 

Sec. 204. External technical review of departmental programs. 

Sec. 205. Competitive award of management contracts. 

Sec. 206. National Laboratory designation. 

Sec. 207. Report on equal employment opportunity practices. 

Sec. 208. User facility best practices plan. 

Sec. 209. Support for science and energy infrastructure and facilities. 

Sec. 210. Coordination plan. 

Sec. 211. Availability of funds. 

TITLE III—ENERGY EFFICIENCY 

Subtitle A—Vehicles, Buildings, and Industries 

Sec. 301. Programs. 

Sec. 302. Vehicles. 

Sec. 303. Buildings. 

Sec. 304. Industries. 

Sec. 305. Demonstration and commercial application. 

Sec. 306. Secondary electric vehicle battery use program. 

Sec. 307. Next generation lighting initiative. 

Sec. 308. Definitions. 

Sec. 309. Authorization of appropriations. 

Sec. 310. Limitation on use of funds. 

Subtitle B—Distributed Energy and Electric Energy Systems 

Sec. 321. Distributed energy. 

Sec. 322. Electricity transmission and distribution and energy assurance. 

Sec. 323. Authorization of appropriations. 

TITLE IV—RENEWABLE ENERGY 

Sec. 401. Findings. 

Sec. 402. Definitions. 

Sec. 403. Programs. 

Sec. 404. Solar. 

Sec. 405. Bioenergy programs. 

Sec. 406. Wind. 

Sec. 407. Geothermal. 

Sec. 408. Photovoltaic demonstration program. 

Sec. 409. Additional programs. 

Sec. 410. Analysis and evaluation. 

Sec. 411. Authorization of appropriations. 

TITLE V—NUCLEAR ENERGY PROGRAMS 

Sec. 501. Definition. 

Sec. 502. Programs. 

Subtitle A—Nuclear Energy Research Programs 

Sec. 511. Advanced fuel recycling program. 

Sec. 512. University nuclear science and engineering support. 

Sec. 513. University-National Laboratory interactions. 

Sec. 514. Nuclear Power 2010 Program. 

Sec. 515. Generation IV Nuclear Energy Systems Initiative. 

Sec. 516. Civilian infrastructure and facilities. 

Sec. 517. Nuclear energy research and development infrastructure plan. 

Sec. 518. Idaho National Laboratory facilities plan. 

Sec. 519. Authorization of appropriations. 

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Subtitle B—Next Generation Nuclear Plant Program 

Sec. 531. Definitions. 

Sec. 532. Next generation nuclear power plant. 

Sec. 533. Advisory committee. 

Sec. 534. Program requirements. 

Sec. 535. Authorization of appropriations. 

TITLE VI—FOSSIL ENERGY 

Subtitle A—Research Programs 

Sec. 601. Enhanced fossil energy research and development programs. 

Sec. 602. Fossil research and development. 

Sec. 603. Oil and gas research and development. 

Sec. 604. Transportation fuels. 

Sec. 605. Fuel cells. 

Sec. 606. Carbon dioxide capture research and development. 

Sec. 607. Authorization of appropriations. 

Subtitle B—Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources 

Sec. 611. Program authority. 

Sec. 612. Ultra-deepwater Program. 

Sec. 613. Unconventional natural gas and other petroleum resources Program. 

Sec. 614. Additional requirements for awards. 

Sec. 615. Advisory committees. 

Sec. 616. Limits on participation. 

Sec. 617. Sunset. 

Sec. 618. Definitions. 

Sec. 619. Funding. 

TITLE VII—HYDROGEN 

Sec. 701. Definitions. 

Sec. 702. Plan. 

Sec. 703. Programs. 

Sec. 704. Interagency task force. 

Sec. 705. Advisory Committee. 

Sec. 706. External review. 

Sec. 707. Miscellaneous provisions. 

Sec. 708. Savings clause. 

Sec. 709. Authorization of appropriations. 

TITLE VIII—ADVANCED VEHICLES 

Subtitle A—Pilot Program 

Sec. 801. Definitions. 

Sec. 802. Pilot program. 

Sec. 803. Reports to Congress. 

Sec. 804. Authorization of appropriations. 

Subtitle B—Clean School Buses 

Sec. 811. Definitions. 

Sec. 812. Program for replacement of certain school buses with clean school buses. 

Sec. 813. Diesel retrofit program. 

Sec. 814. Fuel cell school buses. 

Subtitle C—Fuel Cell Transit Bus Demonstration 

Sec. 821. Fuel cell transit bus demonstration. 

TITLE IX—CLEAN COAL POWER INITIATIVE 

Sec. 901. Authorization of appropriations. 

Sec. 902. Project criteria. 

Sec. 903. Report. 

Sec. 904. Clean coal centers of excellence. 

TITLE X—IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND 

TECHNOLOGY PROGRAMS 

Sec. 1001. Improved coordination and management of civilian science and technology programs. 

SEC. 2. DEFINITIONS. 

For purposes of this Act: 

(1) APPLIED PROGRAMS.—The term ‘‘applied programs’’ means the research, 

development, demonstration, and commercial application programs of the Department concerning energy efficiency, renewable energy, nuclear energy, fossil 

energy, and electricity 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 converted to energy, is segregated 

from other waste materials, and is derived from— 

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(i) any of the following forest-related resources: mill residues, 

precommercial thinnings, slash, brush, or otherwise nonmerchantable 

material; or 

(ii) wood waste materials, including waste pallets, crates, dunnage, 

manufacturing and construction wood wastes (other than pressuretreated, chemically-treated, or painted wood wastes), and landscape or 

right-of-way tree trimmings, but not including 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 ‘‘departmental mission’’ means any of 

the functions vested in the Secretary of Energy by the Department 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 ‘‘National Laboratory’’ means any of 

the following laboratories owned by the Department: 

(A) Ames Laboratory. 

(B) Argonne National Laboratory. 

(C) Brookhaven National Laboratory. 

(D) Fermi National Accelerator Laboratory. 

(E) Idaho National Laboratory. 

(F) Lawrence Berkeley National Laboratory. 

(G) Lawrence Livermore National Laboratory. 

(H) Los Alamos National Laboratory. 

(I) National Energy Technology Laboratory. 

(J) National Renewable Energy Laboratory. 

(K) Oak Ridge National Laboratory. 

(L) Pacific Northwest National Laboratory. 

(M) Princeton Plasma Physics Laboratory. 

(N) Sandia National Laboratories. 

(O) Savannah River National Laboratory. 

(P) Stanford Linear Accelerator Center. 

(Q) Thomas Jefferson National Accelerator Facility. 

(7) RENEWABLE ENERGY.—The term ‘‘renewable 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 Northern 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 supported, in whole or in part, by Departmental funds that is 

open, at a minimum, to all qualified United States researchers. 

TITLE I—SCIENCE PROGRAMS 

SEC. 101. OFFICE OF SCIENCE PROGRAMS. 

(a) IN GENERAL.—The Secretary shall conduct, through the Office of Science, programs of research, development, demonstration, and commercial application in high 

energy physics, nuclear physics, biological and environmental research, basic energy 

sciences, advanced scientific computing research, and fusion energy sciences, including activities described in this title. The programs shall include support for facilities 

and infrastructure, education, outreach, information, analysis, and coordination activities. 

(b) RARE ISOTOPE ACCELERATOR.— (1) ESTABLISHMENT.—The Secretary shall construct 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 Secretary such sums as may be necessary to carry out this subsection. The Secretary shall not spend more than $1,100,000,000 in Federal 

5 

funds for all activities associated with the Rare Isotope Accelerator prior to operation. 

SEC. 102. SYSTEMS BIOLOGY PROGRAM. 

(a) PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a research, development, 

and demonstration program in genetics, protein science, and computational biology to support the energy, national security, and environmental missions of the 

Department. 

(2) GRANTS.—The program shall support individual researchers and multidisciplinary teams of researchers through competitive, merit-reviewed grants. 

(3) CONSULTATION.—In carrying out the program, the Secretary shall consult 

with other Federal agencies that conduct genetic and protein research. 

(b) GOALS.—The program shall have the goal of developing technologies and methods based on the biological functions of genomes, microbes, and plants that— 

(1) can facilitate the production of fuels, including hydrogen; 

(2) convert carbon dioxide to organic carbon; 

(3) detoxify soils and water, including at Departmental facilities, contaminated with heavy metals and radiological materials; and 

(4) address other Department missions as identified by the Secretary. 

(c) PLAN.— 

(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 authorized pursuant to this section will be undertaken to accomplish the program goals established in subsection (b). 

(2) REVIEW OF PLAN.—The Secretary shall contract with the National Academy of Sciences to review the research plan developed under this subsection. 

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 EQUIPMENT.—Within the funds authorized to 

be appropriated pursuant to this title, the amounts specified under section 110(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 facilities, including user facilities, for researchers conducting research, development, demonstration, 

and commercial application in systems biology and proteomics and associated biological disciplines. 

(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. 103. CATALYSIS RESEARCH AND DEVELOPMENT PROGRAM. 

(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 approaches; 

(2) enable nanoscale, high-throughput synthesis, assay, and characterization; 

and 

(3) synthesize catalysts with specific site architectures. 

(b) PROGRAM ACTIVITIES.—In carrying out the program under this section, the 

Secretary shall— 

(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 facilities; 

(3) support technology transfer activities to benefit industry and other users 

of catalysis science and engineering; and 

(4) coordinate research and development activities with industry and other 

Federal agencies. 

SEC. 104. HYDROGEN. 

The Secretary shall conduct a program of fundamental research and development 

in support of programs authorized in title VII of this Act. 

6 

SEC. 105. 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 Revitalization Act of 2004 (15 

U.S.C. 5541 et seq.). The Secretary shall carry out this program with the goal of 

supporting departmental missions and providing the high-performance computational, networking, and workforce resources that are required for world leadership 

in science. 

SEC. 106. 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 demonstrating 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 Secretary shall transmit to Congress a plan, with proposed cost estimates, budgets, and lists of potential international partners, for the implementation of the policy described in subsection (a). The plan shall ensure that— 

(A) existing fusion research facilities are more fully utilized; 

(B) fusion science, technology, theory, advanced computation, modeling, 

and simulation are strengthened; 

(C) new magnetic and inertial fusion research and development facilities 

are selected based on scientific innovation, cost effectiveness, and their potential to advance the goal of practical fusion energy at the earliest date 

possible, and those that are selected are funded at a cost-effective rate; 

(D) communication of scientific results and methods between the fusion 

energy science community and the broader scientific and technology 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 magnetic fusion energy approaches 

are more fully explored. 

(2) COSTS AND SCHEDULES.—Such plan shall also address the status of and, 

to the degree possible, costs and schedules for— 

(A) the design and implementation of international or national facilities 

for the testing of fusion materials; and 

(B) the design and implementation of international or national facilities 

for the testing and development of key fusion technologies. 

(c) UNITED STATES PARTICIPATION IN ITER.— 

(1) IN GENERAL.—The United States may participate in ITER only in accordance with this subsection. 

(2) AGREEMENT.— 

(A) IN GENERAL.—The Secretary is authorized 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 financial 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 proportionate to the United 

States financial contribution to ITER; 

(iii) ensure that the United States will not be financially responsible 

for cost overruns in components manufactured in other ITER participating countries; 

(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 discontinuing or decommissioning ITER 

and any United States role in that process. 

7 

(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 toward 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 fusion 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— 

(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 participation 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 Office of 

Science, including other fusion programs, and 60 days have elapsed since 

that transmission; and 

(D) the plan required by paragraph (3) (but not the National Academy of 

Sciences review 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 determines that construction and operation of ITER is unlikely 

or infeasible, the Secretary shall send to Congress, as part of the budget request 

for the following year, a plan for implementing a domestic burning plasma experiment including costs and schedules for such a plan. The Secretary shall refine such plan in full consultation with the Fusion Energy 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 ‘‘construction’’ means the physical construction of the ITER facility, and the physical construction, 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. 107. SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM. 

(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 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 financial 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 paragraph (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 individuals are qualified, in exchange for receiving a scholarship. 

(b) SCHOLARSHIP ELIGIBILITY.—In order to be eligible 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 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 application to the Secretary at such time, in such manner, and 

containing such information, agreements, or assurances as the Secretary may require. 

8 

(d) ELIGIBLE ACADEMIC PROGRAMS.—The Secretary shall make publicly available 

a list of academic programs and fields of study for which scholarships under the 

Program may be utilized, and shall update the list as necessary. 

(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 application required under subsection (c), 

a proposed academic program leading to a degree in a program or field of study 

on the list made available under subsection (d). 

(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 provided 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 institution 

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 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 paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided. 

(B) DEFERRAL.—The Secretary may defer the obligation of an individual 

to provide a period of service under paragraph (1) if the Secretary determines that such a deferral is appropriate. 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 TRAINING.—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 reasons, or who voluntarily terminate academic training before graduation 

from the educational program for 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 

agreement, 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 recipient who, for any 

reason, fails to begin or complete a service obligation under this section after 

completion 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 recipient breaches an 

agreement for the reasons stated in the preceding sentence, the recipient shall 

be liable to the United States for an amount equal to— 

(A) the total amount of scholarships received 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 bearing 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.— 

9 

(1) DEATH OF INDIVIDUAL.—Any obligation of an individual incurred under the 

Program (or a contractual agreement thereunder) for service or payment shall 

be canceled upon the death of the individual. 

(2) IMPOSSIBILITY OR EXTREME HARDSHIP.—The Secretary shall by regulation 

provide for the partial or total waiver or suspension of any obligation 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 respect to the individual would be contrary to the best interests of 

the Government. 

(i) DEFINITIONS.—In this section the following definitions apply: 

(1) COST OF ATTENDANCE.—The term ‘‘cost of attendance’’ has the meaning 

given that term in section 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 established under this section. 

SEC. 108. OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION. 

The Secretary shall maintain within the Department the Office of Scientific and 

Technical Information. 

SEC. 109. SCIENCE AND ENGINEERING PILOT PROGRAM. 

(a) ESTABLISHMENT OF CONSORTIUM.—Notwithstanding section 203, the Secretary 

shall award a grant to Oak Ridge Associated Universities to establish a university 

consortium to carry out a regional pilot program for enhancing scientific, technological, engineering, and mathematical literacy, creativity, and decisionmaking. The 

consortium shall include leading research universities, one or more universities that 

train substantial numbers of elementary and secondary school teachers, and, where 

appropriate, National Laboratories. 

(b) PROGRAM ELEMENTS.—The program shall include— 

(1) expanding strategic, formal partnerships among universities with strength 

in research, universities that train substantial numbers of elementary and secondary school teachers, and the private sector; 

(2) combining Department expertise with one or more National Aeronautics 

and Space Administration Educator Resource Centers; 

(3) developing programs to permit current and future teachers to participate 

in ongoing research projects at National Laboratories and research universities 

and to adapt lessons learned to the classroom; 

(4) designing and implementing course work; 

(5) designing and implementing a strategy for measuring and assessing 

progress under the program; and 

(6) developing models for transferring knowledge gained under the pilot program to other institutions and areas of the country. 

(c) REPORT.—Not later than 2 years after appropriations 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 203. 

SEC. 110. 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 appropriated to 

the Secretary for the purposes of carrying out this title: 

(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: 

(1) SYSTEMS BIOLOGY.—For activities under section 102, $100,000,000. 

(2) SCIENTIFIC COMPUTING.—For activities under section 105, $252,000,000. 

(3) FUSION ENERGY SCIENCES.—For activities under section 106, excluding activities under subsection (c) of that section, $335,000,000. 

(4) SCHOLARSHIP.—For the scholarship program described in section 107, 

$800,000. 

(5) OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION.—For activities under 

section 108, $7,000,000. 

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(6) PILOT PROGRAM.—For activities under section 109, $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 102, such sums as may be 

necessary. 

(2) SCIENTIFIC COMPUTING.—For activities under section 105, $270,000,000. 

(3) FUSION ENERGY SCIENCES.—For activities under section 106, excluding ac- tivities under subsection (c) of that section, $349,000,000. 

(4) SCHOLARSHIP.—For the scholarship program described in section 107, $1,600,000. 

(5) OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION.—For activities under 

section 108, $7,500,000. 

(6) PILOT PROGRAM.—For activities under section 109, $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 102, such sums as may be 

necessary. 

(2) SCIENTIFIC COMPUTING.—For activities under section 105, $350,000,000. 

(3) FUSION ENERGY SCIENCES.—For activities under section 106, excluding ac- tivities under subsection (c) of that section, $362,000,000. 

(4) SCHOLARSHIP.—For the scholarship program described in section 107, 

$2,000,000. 

(5) OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION.—For activities under 

section 108, $8,000,000. 

(6) PILOT PROGRAM.—For activities under section 109, $4,000,000. 

(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 102, such sums as may be 

necessary. 

(2) SCIENTIFIC COMPUTING.—For activities under section 105, $375,000,000. 

(3) FUSION ENERGY SCIENCES.—For activities under section 106, excluding activities under subsection (c) of that section, $377,000,000. 

(4) SCHOLARSHIP.—For the scholarship program described in section 107, 

$2,000,000. 

(5) OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION.—For activities under 

section 108, $8,000,000. 

(6) PILOT PROGRAM.—For activities under section 109, $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 102, such sums as may be 

necessary. 

(2) SCIENTIFIC COMPUTING.—For activities under section 105, $400,000,000. 

(3) FUSION ENERGY SCIENCES.—For activities under section 106, excluding activities under subsection (c) of that section, $393,000,000. 

(4) SCHOLARSHIP.—For the scholarship program described in section 107, 

$2,000,000. 

(5) OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION.—For activities under 

section 108, $8,500,000. 

(6) PILOT PROGRAM.—For activities under section 109, $8,000,000. 

(g) ITER CONSTRUCTION.—From amounts authorized under subsection (a) and in 

addition to amounts authorized 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 construction, consistent with the limitations of section 106(c). 

TITLE II—RESEARCH ADMINISTRATION AND 

OPERATIONS 

SEC. 201. COST SHARING. 

(a) RESEARCH AND DEVELOPMENT.—Except as otherwise provided in this Act, for 

research and development programs carried out under this Act, 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 

under this subsection if the Secretary determines that the research and development is of a basic or fundamental nature. 

(b) DEMONSTRATION AND COMMERCIAL APPLICATION.—Except as otherwise provided in this Act, the Secretary shall require at least 50 percent of the costs related 

to any demonstration or commercial application activities under this Act to be proVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00014 Fmt 6659 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
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vided 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 Act. 

(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 selecting projects under this Act. 

SEC. 202. REPROGRAMMING. 

(a) DISTRIBUTION REPORT.—Not later than 60 days after the date of enactment of 

an Act appropriating amounts authorized under this Act, the Secretary shall transmit to Congress a report explaining how such amounts will be distributed among 

the activities authorized by this Act. 

(b) REPROGRAMMING LETTER.—No amount authorized by this Act shall be obligated or expended for a purpose inconsistent with the appropriations Act appropriating such amount, the report accompanying such appropriations 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 explanation 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 because of an adjournment of more than 3 days to a day certain. 

SEC. 203. MERIT-BASED COMPETITION. 

(a) COMPETITIVE MERIT REVIEW.—Awardees of funds authorized under this Act 

shall be selected through open competitions. Funds shall be competitively awarded 

only after an impartial review of the scientific and technical merit of the proposals 

for such awards has been carried 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 Act 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 paragraphs (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 subsection (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 requirement under subsection (a) requiring competition if the Secretary considers it necessary to more quickly advance 

research, development, demonstration, or commercial application activities. The Secretary shall notify Congress within 30 days when a waiver is granted under this 

subsection. The Secretary may not delegate the waiver authority under this subsection for awards over $500,000. 

SEC. 204. EXTERNAL TECHNICAL REVIEW OF DEPARTMENTAL 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 advise the Department’s applied programs in the following 

areas: 

(A) Energy efficiency. 

(B) Renewable energy. 

(C) Nuclear energy. 

(D) Fossil energy. 

(2) EXISTING ADVISORY COMMITTEES.—The Secretary may designate an existing advisory committee within the Department to fulfill the responsibilities of 

an advisory committee under this subsection. 

(b) OFFICE OF SCIENCE ADVISORY COMMITTEES.— 

(1) USE OF EXISTING COMMITTEES.—Except as otherwise provided under the 

Federal Advisory Committee 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 research and 

development programs under that Office. 

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(2) REPORT.—Before the Department issues any new guidance regarding the 

membership for Office of Science scientific program advisory committees, the 

Secretary shall transmit a report to the Congress outlining the reasons for the 

proposed changes, and 60 days must have elapsed after transmittal of the report before the Department may implement 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 Advisory 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 Laboratories and Department research facilities; 

(iii) advise the Director of the Office of Science with respect to education and workforce training activities required for effective shortterm and long-term basic 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 significant 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 covered by the program, and a diverse set of interests. 

(d) MEETINGS AND PURPOSES.—Each advisory committee under this section shall 

meet at least semiannually to review and advise on the progress made by the respective research, development, demonstration, and commercial application program 

or programs. The advisory committee shall also review the measurable cost and performance-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 Secretary shall enter into arrangements with the National 

Academy of Sciences to conduct reviews and assessments of the programs authorized by this Act, the measurable cost and performance-based goals for the applied 

programs, and the progress in meeting such goals. Such reviews and assessments 

shall be completed and reports containing the results of all such reviews and assessments transmitted to the Congress not later than 2 years after the date of enactment of this Act. 

SEC. 205. COMPETITIVE AWARD OF MANAGEMENT CONTRACTS. 

None of the funds authorized to be appropriated to the Secretary by this Act may 

be used to award a management and operating contract for a National Laboratory 

(excluding those named in subparagraphs (G), (H), (N), (O) of section 2(6)), unless 

such contract is competitively awarded, or the Secretary grants, on a case-by-case 

basis, a waiver. The Secretary may not delegate the authority to grant such a waiver and shall submit to the Congress a report notifying it of the waiver, and setting 

forth the reasons for the waiver, at least 60 days prior to the date of the award of 

such contract. 

SEC. 206. NATIONAL LABORATORY DESIGNATION. 

After the date of enactment of this Act the Secretary shall not designate a facility 

that is not referred to in section 2(6) as a National Laboratory. 

SEC. 207. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. 

Not later than 12 months after the date of enactment of this Act, and biennially 

thereafter, the Secretary shall transmit to Congress a report on the equal employment opportunity practices at National Laboratories. Such report shall include— 

(1) a thorough review of each laboratory contractor’s equal employment opportunity policies, including promotion to management and professional positions 

and pay raises; 

(2) a statistical report on complaints and their disposition in the laboratories; 

(3) a description of how equal employment opportunity practices at the laboratories are treated in the contract and in calculating award fees for each contractor; 

(4) a summary of disciplinary actions and their disposition by either the Department or the relevant contractors for each laboratory; 

(5) a summary of outreach efforts to attract women and minorities to the laboratories; 

13 

(6) a summary of efforts to retain women and minorities in the laboratories; 

and 

(7) a summary of collaboration efforts with the Office of Federal Contract 

Compliance Programs to improve equal employment opportunity practices at 

the laboratories. 

SEC. 208. USER FACILITY BEST PRACTICES PLAN. 

The Secretary shall not allow any Department facility to begin functioning as a 

user facility after the date of enactment of this Act until the Secretary, for that facility— 

(1) develops a plan to ensure that the facility will— 

(A) have a skilled staff to support a wide range of users; 

(B) have a fair method for allocating time to users that provides for input 

from facility management, user representatives, and outside experts; and 

(C) be operated in a safe and fiscally prudent manner; and 

(2) transmits such plan to Congress and 60 days have elapsed. 

SEC. 209. SUPPORT FOR SCIENCE AND ENERGY INFRASTRUCTURE AND FACILITIES. 

(a) STRATEGY.—The Secretary shall develop and implement a strategy for infrastructure and facilities supported primarily from the Office of Science and the applied programs at each National Laboratory and Department research facility. Such 

strategy shall provide cost-effective means for— 

(1) maintaining existing facilities and infrastructure, as needed; 

(2) closing unneeded facilities; 

(3) making facility modifications; and 

(4) building new facilities. 

(b) REPORT.— 

(1) REQUIREMENT.—The Secretary shall prepare and transmit to the Congress 

not later than June 1, 2007, a report summarizing the strategies developed 

under subsection (a). 

(2) CONTENTS.—For each National Laboratory and Department research facility, for the facilities primarily used for science and energy research, such report 

shall contain— 

(A) the current priority list of proposed facilities and infrastructure 

projects, including cost and schedule requirements; 

(B) a current 10-year plan that demonstrates the reconfiguration of its facilities and infrastructure to meet its missions and to address its long-term 

operational costs and return on investment; 

(C) the total current budget for all facilities and infrastructure funding; 

and 

(D) the current status of each facility and infrastructure project compared 

to the original baseline cost, schedule, and scope. 

SEC. 210. COORDINATION PLAN. 

(a) IN GENERAL.—The Secretary shall develop a coordination plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across Department organizational boundaries. 

(b) PLAN CONTENTS.—The plan shall describe— 

(1) how the Secretary will ensure that the applied programs are coordinating 

their activities, including a description of specific research questions that cross 

organizational boundaries and of how the relevant applied programs are coordinating their efforts to answer those questions, and how such cross-cutting research questions will be identified in the future; 

(2) how the Secretary will ensure that research that has been supported by 

the Office of Science is being or will be used by the applied programs, including 

a description of specific Office of Science-supported research that is relevant to 

the applied programs and of how the applied programs have used or will use 

that research; and 

(3) a description of how the Secretary will ensure that the research agenda 

of the Office of Science includes research questions of concern to the applied 

programs, including a description of specific research questions that the Office 

of Science will address to assist the applied programs. 

(c) PLAN TRANSMITTAL.—The Secretary shall transmit the coordination plan to 

Congress not later than 9 months after the date of enactment of this Act, and every 

2 years thereafter shall transmit a revised coordination plan. 

(d) CONFERENCE.—Not less than 6 months after the date of enactment of this Act, 

the Secretary shall convene a conference of program managers from the Office of 

Science and the applied programs to review ideas and explore possibilities for effective cross-program collaboration. The Secretary also shall invite participation relVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00017 Fmt 6659 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
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evant Federal agencies and other programs in the Federal Government conducting 

relevant research, and other stakeholders as appropriate. 

SEC. 211. AVAILABILITY OF FUNDS. 

Funds appropriated to the Secretary for activities authorized under this Act shall 

remain available for three years. Funds that are not obligated at the end of three 

years shall be returned to the Treasury. 

TITLE III—ENERGY EFFICIENCY 

Subtitle A—Vehicles, Buildings, and Industries 

SEC. 301. PROGRAMS. 

(a) IN GENERAL.—The Secretary shall conduct programs of energy efficiency research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall be focused on the following objectives: 

(1) Increasing the energy efficiency of vehicles, buildings, and industrial proc- esses. (2) Reducing the Nation’s demand for energy, especially energy from foreign sources. (3) Reducing the cost of energy and making the economy more efficient and 

competitive. 

(4) Improving the Nation’s energy security. 

(5) Reducing the environmental impact of energy-related activities. 

(b) GOALS.— (1) INITIAL GOALS.—In accordance with the performance plan and report requirements in section 4 of the Government Performance Results Act of 1993, 

the Secretary shall transmit to the Congress, along with the President’s annual 

budget request for fiscal year 2007, a report containing outcome measures with 

explicitly stated cost and performance baselines. The measures shall specify energy efficiency performance goals, with quantifiable 5-year cost and energy savings target levels, for vehicles, buildings, and industries, and any other such 

goals the Secretary considers appropriate. 

(2) SUBSEQUENT TRANSMITTALS.—The Secretary shall transmit to the Congress, along with the President’s annual budget request for each fiscal year 

after 2007, a report containing— 

(A) a description, including quantitative analysis, of progress in achieving 

performance goals transmitted under paragraph (1), as compared to the 

baselines transmitted under paragraph (1); and 

(B) any amendments to such goals. 

(c) PUBLIC INPUT.—The Secretary shall consider advice from industry, universities, and other interested parties through seeking comments in the Federal Register and other means before transmitting each report under subsection (b). 

SEC. 302. VEHICLES. 

The Secretary shall conduct a program of research, development, demonstration, 

and commercial application of advanced, cost-effective technologies to improve the 

energy efficiency and environmental performance of light-duty and heavy-duty vehicles, including— 

(1) hybrid and electric propulsion systems, including plug-in hybrid systems; 

(2) advanced engines, including combustion engines; 

(3) advanced materials, including high strength, lightweight materials, such 

as nanostructured materials, composites, multimaterial parts, carbon fibers, and 

materials with high thermal conductivity; 

(4) technologies for reduced drag and rolling resistance; 

(5) whole-vehicle design optimization to reduce the weight of component parts 

and thus increase the fuel economy of the vehicle, including fiber optics to replace traditional wiring; 

(6) thermoelectric devices that capture waste heat and convert thermal energy 

into electricity; and 

(7) advanced drivetrains. 

SEC. 303. BUILDINGS. 

(a) PROGRAM.—The Secretary shall conduct a program of research, development, 

demonstration, and commercial application of cost-effective technologies, for new 

construction and retrofit, to improve the energy efficiency and environmental performance of commercial, industrial, institutional, and residential buildings. The proVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00018 Fmt 6659 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
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gram shall use a whole-buildings approach, integrating work on elements including— 

(1) advanced controls, including occupancy sensors, daylighting controls, wireless technologies, automated responses to changes in the internal and external 

environment, and real time delivery of information on building system and component performance; 

(2) building envelope, including windows, roofing systems and materials, and 

building-integrated photovoltaics; 

(3) building systems components, including— 

(A) lighting; 

(B) appliances, including advanced technologies, such as stand-by load 

technologies, for office equipment, food service equipment, and laundry 

equipment; and 

(C) heating, ventilation, and cooling systems, including ground-source 

heat pumps and radiant heating; and 

(4) onsite renewable energy generation. 

(b) ENERGY EFFICIENT BUILDING PILOT GRANT PROGRAM.— (1) IN GENERAL.—Not later than 6 months after the date of enactment of this 

Act, the Secretary shall establish a pilot program to award grants to businesses 

and organizations for new construction of energy efficient buildings, or major 

renovations of buildings that will result in energy efficient buildings, to demonstrate innovative energy efficiency technologies, especially those sponsored by 

the Department. 

(2) AWARDS.—The Secretary shall award grants under this subsection competitively to those applicants whose proposals— 

(A) best demonstrate— 

(i) likelihood to meet or exceed the design standards referred to in 

paragraph (7); 

(ii) likelihood to maximize cost-effective energy efficiency opportunities; and 

(iii) advanced energy efficiency technologies; and 

(B) are least likely to be realized without Federal assistance. 

(3) AMOUNT OF GRANTS.—Grants under this subsection shall be for up to 50 

percent of design and energy modeling costs, not to exceed $50,000 per building. 

No single grantee may be eligible for more than 3 grants per year under this 

program. 

(4) GRANT PAYMENTS.— 

(A) INITIAL PAYMENT.—The Secretary shall pay 50 percent of the total 

amount of the grant to grant recipients upon selection. 

(B) REMAINDER OF PAYMENT.—The Secretary shall pay the remaining 50 

percent of the grant only after independent certification of operational 

buildings for compliance with the standards for energy efficient buildings 

described in paragraph (7). 

(C) FAILURE TO COMPLY.—The Secretary shall not provide the remainder 

of the payment unless the building is certified within 6 months after operation of the completed building to meet the requirements described in subparagraph (B), or in the case of major renovations the building is certified 

within 6 months of the completion of the renovations. 

(5) REPORT TO CONGRESS.—Not later than 3 years after awarding the first 

grant under this subsection, the Secretary shall transmit to Congress a report 

containing— 

(A) the total number and dollar amount of grants awarded under this 

subsection; and 

(B) an estimate of aggregate cost and energy savings enabled by the pilot 

program under this subsection. 

(6) ADMINISTRATIVE EXPENSES.—Administrative expenses for the program 

under this subsection shall not exceed 10 percent of appropriated funds. 

(7) DEFINITION OF ENERGY EFFICIENT BUILDING.—For purposes of this subsection, the term ‘‘energy efficient building’’ means a building that is independently certified— 

(A) to meet or exceed the applicable United States Green Building Council’s Leadership in Energy and Environmental Design standards for a silver, gold, or platinum rating; and 

(B) to achieve a reduction in energy consumption of— 

(i) at least 25 percent for new construction, compared to the energy 

standards set by the Federal Building Code (10 CFR part 434); and 

(ii) at least 20 percent for major renovations, compared to energy consumption before renovations are begun. 

(c) STANDARDIZATION REPORT AND PROGRAM.— 

16 

(1) REPORT.—The Secretary shall enter into an arrangement with the National Institute of Building Sciences to— 

(A) conduct a comprehensive assessment of how well current voluntary 

consensus standards related to buildings match state-of-the-art knowledge 

on the design, construction, operation, repair, and renovation of high-performance buildings; and 

(B) recommend steps for the Secretary to take to accelerate the development and promulgation of voluntary consensus standards for high-performance buildings that would address all major high-performance building attributes, including energy efficiency, sustainability, safety and security, lifecycle cost, and productivity. 

(2) PROGRAM.—After receiving the report under paragraph (1), the Secretary 

shall establish a program of technical assistance and grants to support standards development organizations in— 

(A) the revision of existing standards, to reflect current knowledge of 

high-performance buildings; and 

(B) the development and promulgation of new standards in areas important to high-performance buildings where there is no existing standard or 

where an existing standard cannot easily be modified. 

SEC. 304. INDUSTRIES. 

(a) PROGRAM.—The Secretary shall conduct a program of research, development, 

demonstration, and commercial application of advanced technologies to improve the 

energy efficiency, environmental performance, and process efficiency of energy-intensive and waste-intensive industries. Such program shall be focused on industries 

whose total annual energy consumption amounts to more than 1.0 percent of the 

total nationwide annual energy consumption, according to the most recent data 

available to the Department. Research and development efforts under this section 

shall give a higher priority to broad-benefit efficiency technologies that have practical application across industry sectors. 

(b) ELECTRIC MOTOR CONTROL TECHNOLOGY.—The program conducted under subsection (a) shall include research on, and development, demonstration, and commercial application of, advanced control devices to improve the energy efficiency of electric motors, including those used in industrial processes, heating, ventilation, and 

cooling. 

SEC. 305. DEMONSTRATION AND COMMERCIAL APPLICATION. 

(a) APPLIANCES AND TESTING.—The Secretary shall conduct research and analysis 

to determine whether, given Department-sponsored and other advances in energy efficiency technologies, demonstration and commercial application of innovative, costeffective energy savings and pollution reducing technologies could be used to improve appliances and test procedures used to measure appliance efficiency. 

(b) BUILDING ENERGY CODES.—The Secretary shall, in coordination with government, nongovernment, and commercial partners, conduct research and analyses of 

the best cost-effective practices in the development and updating of building energy 

codes, including for manufactured housing. Analyses shall focus on how to encourage energy efficiency and adoption of newly developed energy production and use 

equipment. 

(c) ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.— 

(1) GRANTS.—Not later than 18 months after the date of enactment of this 

Act, the Secretary shall make grants to nonprofit institutions, State and local 

governments, or universities (or consortia thereof), to establish a geographically 

dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services 

of such Centers. 

(2) ACTIVITIES.— 

(A) IN GENERAL.—Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and 

technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in 

efficient energy use. 

(B) ADVISORY PANEL.—Each Center shall establish an advisory panel to 

advise the Center on how best to accomplish the activities under subparagraph (A). 

(3) APPLICATION.—A person seeking a grant under this subsection shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this 

subsection to an entity already in existence if the entity is otherwise eligible 

under this subsection. 

17 

(4) SELECTION CRITERIA.—The Secretary shall award grants under this subsection on the basis of the following criteria, at a minimum: 

(A) The ability of the applicant to carry out the activities in paragraph 

(2). 

(B) The extent to which the applicant will coordinate the activities of the 

Center with other entities, such as State and local governments, utilities, 

and educational and research institutions. 

(5) MATCHING FUNDS.—The Secretary shall require a non-Federal matching 

requirement of at least 50 percent of the costs of establishing and operating 

each Center. 

(6) ADVISORY COMMITTEE.—The Secretary shall establish an advisory committee to advise the Secretary on the establishment of Centers under this subsection. The advisory committee shall be composed of individuals with expertise 

in the area of advanced energy methods and technologies, including at least 1 

representative from— 

(A) State or local energy offices; 

(B) energy professionals; 

(C) trade or professional associations; 

(D) architects, engineers, or construction professionals; 

(E) manufacturers; 

(F) the research community; and 

(G) nonprofit energy or environmental organizations. 

(7) DEFINITIONS.—For purposes of this subsection: 

(A) ADVANCED ENERGY METHODS AND TECHNOLOGIES.—The term ‘‘advanced energy methods and technologies’’ means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use. 

(B) CENTER.—The term ‘‘Center’’ means an Advanced Energy Technology 

Transfer Center established pursuant to this subsection. 

(C) DISTRIBUTED GENERATION.—The term ‘‘distributed generation’’ means 

an electric power generation facility that is designed to serve retail electric 

consumers at or near the facility site. 

(d) REPORT.—Not later than 2 years after the date of enactment of this Act, and 

once every 3 years thereafter, the Secretary shall transmit to Congress a report on 

the results of research and analysis under this section. In calculating cost-effectiveness for purposes of such reports, the Secretary shall include, at a minimum, the 

avoided cost of additional energy production, savings to the economy from lower 

peak energy prices and reduced price volatility, and the public and private benefits 

of reduced pollution. 

SEC. 306. SECONDARY ELECTRIC VEHICLE BATTERY USE PROGRAM. 

(a) DEFINITIONS.—For purposes of this section: 

(1) ASSOCIATED EQUIPMENT.—The term ‘‘associated equipment’’ means equipment located where the batteries will be used that is necessary to enable the 

use of the energy stored in the batteries. 

(2) BATTERY.—The term ‘‘battery’’ means an energy storage device that previously has been used to provide motive power in a vehicle powered in whole 

or in part by electricity. 

(b) PROGRAM.—The Secretary shall establish and conduct a research, development, demonstration, and commercial application program for the secondary use of 

batteries if the Secretary finds that there are sufficient numbers of such batteries 

to support the program. The program shall be— 

(1) designed to demonstrate the use of batteries in secondary applications, including utility and commercial power storage and power quality; 

(2) structured to evaluate the performance, including useful service life and 

costs, of such batteries in field operations, and the necessary supporting infrastructure, including reuse and disposal of batteries; and 

(3) coordinated with ongoing secondary battery use programs at the National 

Laboratories and in industry. 

(c) SOLICITATION.—Not later than 180 days after the date of enactment of this Act, 

if the Secretary finds under subsection (b) that there are sufficient numbers of batteries to support the program, the Secretary shall solicit proposals to demonstrate 

the secondary use of batteries and associated equipment and supporting infrastructure in geographic locations throughout the United States. The Secretary may make 

additional solicitations for proposals if the Secretary determines that such solicitations are necessary to carry out this section. 

(d) SELECTION OF PROPOSALS.— 

(1) IN GENERAL.—The Secretary shall, not later than 90 days after the closing 

date established by the Secretary for receipt of proposals under subsection (c), 

18 

select up to 5 proposals which may receive financial assistance under this section, subject to the availability of appropriations. 

(2) DIVERSITY; ENVIRONMENTAL EFFECT.—In selecting proposals, the Secretary 

shall consider diversity of battery type, geographic and climatic diversity, and 

life-cycle environmental effects of the approaches. 

(3) LIMITATION.—No 1 project selected under this section shall receive more 

than 25 percent of the funds authorized for the program under this section. 

(4) OPTIMIZATION OF FEDERAL RESOURCES.—The Secretary shall consider the 

extent of involvement of State or local government and other persons in each 

demonstration project to optimize use of Federal resources. 

(5) OTHER CRITERIA.—The Secretary may consider such other criteria as the 

Secretary considers appropriate. 

(e) CONDITIONS.—The Secretary shall require that— 

(1) relevant information be provided to the Department, the users of the batteries, the proposers, and the battery manufacturers; 

(2) the proposer provide at least 50 percent of the costs associated with the 

proposal; and 

(3) the proposer provide to the Secretary such information regarding the disposal of the batteries as the Secretary may require to ensure that the proposer 

disposes of the batteries in accordance with applicable law. 

SEC. 307. NEXT GENERATION LIGHTING INITIATIVE. 

(a) IN GENERAL.—The Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting 

technologies based on white light emitting diodes. 

(b) OBJECTIVES.—The objectives of the initiative shall be to develop advanced 

solid-state organic and inorganic lighting technologies based on white light emitting 

diodes that, compared to incandescent and fluorescent lighting technologies, are 

longer lasting; more energy-efficient; and cost-competitive, and have less environmental impact. 

(c) INDUSTRY ALLIANCE.—The Secretary shall, not later than 3 months after the 

date of enactment of this section, competitively select an Industry Alliance to represent participants that are private, for-profit firms which, as a group, are broadly 

representative of United States solid state lighting research, development, infrastructure, and manufacturing expertise as a whole. 

(d) RESEARCH.— 

(1) IN GENERAL.—The Secretary shall carry out the research activities of the 

Next Generation Lighting Initiative through competitively awarded grants to 

researchers, including Industry Alliance participants, National Laboratories, 

and institutions of higher education. 

(2) ASSISTANCE FROM THE INDUSTRY ALLIANCE.—The Secretary shall annually 

solicit from the Industry Alliance— 

(A) comments to identify solid-state lighting technology needs; 

(B) assessment of the progress of the Initiative’s research activities; and 

(C) assistance in annually updating solid-state lighting technology roadmaps. 

(3) AVAILABILITY OF INFORMATION AND ROADMAPS.—The information and roadmaps under paragraph (2) shall be available to the public and public response 

shall be solicited by the Secretary. 

(e) DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION.—The Secretary shall carry out a development, demonstration, and commercial application 

program for the Next Generation Lighting Initiative through competitively selected 

awards. The Secretary may give preference to participants of the Industry Alliance 

selected pursuant to subsection (c). 

(f) INTELLECTUAL PROPERTY.—The Secretary may require, in accordance with the 

authorities provided in section 202(a)(ii) of title 35, United States Code, section 152 

of the Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of the Federal 

Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908), that— 

(1) for any new invention resulting from activities under subsection (d)— 

(A) the Industry Alliance members that are active participants in research, development, and demonstration activities related to the advanced 

solid-state lighting technologies that are the subject of this section shall be 

granted first option to negotiate with the invention owner nonexclusive licenses and royalties for uses of the invention related to solid-state lighting 

on terms that are reasonable under the circumstances; and 

(B)(i) for 1 year after a United States patent is issued for the invention, 

the patent holder shall not negotiate any license or royalty with any entity 

19 

that is not a participant in the Industry Alliance described in subparagraph 

(A); and 

(ii) during the year described in clause (i), the invention owner shall negotiate nonexclusive licenses and royalties in good faith with any interested 

participant in the Industry Alliance described in subparagraph (A); and 

(2) such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative. 

(g) NATIONAL ACADEMY REVIEW.—The Secretary shall enter into an arrangement 

with the National Academy of Sciences to conduct periodic reviews of the Next Generation Lighting Initiative. The Academy shall review the research priorities, technical milestones, and plans for technology transfer and progress towards achieving 

them. The Secretary shall consider the results of such reviews in evaluating the information obtained under subsection (d)(2). 

(h) DEFINITIONS.—As used in this section: 

(1) ADVANCED SOLID-STATE LIGHTING.—The term ‘‘advanced solid-state lighting’’ means a semiconducting device package and delivery system that produces 

white light using externally applied voltage. 

(2) RESEARCH.—The term ‘‘research’’ includes research on the technologies, 

materials, and manufacturing processes required for white light emitting diodes. 

(3) INDUSTRY ALLIANCE.—The term ‘‘Industry Alliance’’ means an entity selected by the Secretary under subsection (c). 

(4) WHITE LIGHT EMITTING DIODE.—The term ‘‘white light emitting diode’’ 

means a semiconducting package, utilizing either organic or inorganic materials, that produces white light using externally applied voltage. 

SEC. 308. DEFINITIONS. 

For the purposes of this subtitle— 

(1) the term ‘‘cost-effective’’ means resulting in a simple payback of costs in 

10 years or less; and 

(2) the term ‘‘whole-buildings approach’’ includes, on a life-cycle basis, the energy use, cost of operations, and ease of repair or upgrade of a building. 

SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

The following sums are authorized to be appropriated to the Secretary for the purposes of carrying out this subtitle: 

(1) For fiscal year 2006, $620,000,000, including— 

(A) $200,000,000 for carrying out the vehicles program under section 302; 

(B) $100,000,000 for carrying out the buildings program under section 

303, of which $10,000,000 shall be for the grant program under section 

303(b); 

(C) $100,000,000 for carrying out the industries program under section 

304(a); 

(D) $2,000,000 for carrying out the electric motor control technology program under section 304(b); 

(E) $10,000,000 for carrying out demonstration and commercial applications activities under section 305; 

(F) $4,000,000 for carrying out the secondary electric vehicle battery use 

program under section 306; and 

(G) $20,000,000 for carrying out the Next Generation Lighting Initiative 

under section 307. 

(2) For fiscal year 2007, $700,000,000, including— 

(A) $240,000,000 for carrying out the vehicles program under section 302; 

(B) $130,000,000 for carrying out the buildings program under section 

303, of which $10,000,000 shall be for the grant program under section 

303(b); 

(C) $115,000,000 for carrying out the industries program under section 

304(a); 

(D) $2,000,000 for carrying out the electric motor control technology program under section 304(b); 

(E) $10,000,000 for carrying out demonstration and commercial applications activities under section 305; 

(F) $7,000,000 for carrying out the secondary electric vehicle battery use 

program under section 306; and 

(G) $30,000,000 for carrying out the Next Generation Lighting Initiative 

under section 307. 

(3) For fiscal year 2008, $800,000,000, including— 

(A) $270,000,000 for carrying out the vehicles program under section 302; 

20 

(B) $160,000,000 for carrying out the buildings program under section 

303, of which $10,000,000 shall be for the grant program under section 

303(b); 

(C) $140,000,000 for carrying out the industries program under section 

304(a); 

(D) $2,000,000 for carrying out the electric motor control technology program under section 304(b); 

(E) $10,000,000 for carrying out demonstration and commercial applications activities under section 305; 

(F) $7,000,000 for carrying out the secondary electric vehicle battery use 

program under section 306; and 

(G) $50,000,000 for carrying out the Next Generation Lighting Initiative 

under section 307. 

(4) For fiscal year 2009, $925,000,000, including— 

(A) $310,000,000 for carrying out the vehicles program under section 302; 

(B) $200,000,000 for carrying out the buildings program under section 

303, of which $10,000,000 shall be for the grant program under section 

303(b); 

(C) $170,000,000 for carrying out the industries program under section 

304(a); 

(D) $10,000,000 for carrying out demonstration and commercial applications activities under section 305; 

(E) $7,000,000 for carrying out the secondary electric vehicle battery use 

program under section 306; and 

(F) $50,000,000 for carrying out the Next Generation Lighting Initiative 

under section 307. 

(5) For fiscal year 2010, $1,000,000,000, including— 

(A) $340,000,000 for carrying out the vehicles program under section 302; 

(B) $240,000,000 for carrying out the buildings program under section 

303, of which $10,000,000 shall be for the grant program under section 

303(b); 

(C) $190,000,000 for carrying out the industries program under section 

304(a); 

(D) $10,000,000 for carrying out demonstration and commercial applications activities under section 305; 

(E) $7,000,000 for carrying out the secondary electric vehicle battery use 

program under section 306; and 

(F) $50,000,000 for carrying out the Next Generation Lighting Initiative 

under section 307. 

SEC. 310. LIMITATION ON USE OF FUNDS. 

None of the funds authorized to be appropriated under this subtitle may be used 

for— 

(1) the issuance and implementation of energy efficiency regulations; 

(2) the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); 

(3) the State Energy Program under part D of title III of the Energy Policy 

and Conservation Act (42 U.S.C. 6321 et seq.); or 

(4) the Federal Energy Management Program under part 3 of title V of the 

National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.). 

Subtitle B—Distributed Energy and Electric 

Energy Systems 

SEC. 321. DISTRIBUTED ENERGY. 

(a) IN GENERAL.—The Secretary shall conduct programs of distributed energy resources and systems reliability and efficiency research, development, demonstration, 

and commercial application to improve the reliability and efficiency of distributed 

energy resources and systems, including activities described in this subtitle. The 

programs shall address advanced energy technologies and systems and advanced 

grid reliability technologies. The programs shall include the integration of— 

(1) renewable energy resources; 

(2) fuel cells; 

(3) combined heat and power systems; 

(4) microturbines; 

(5) advanced natural gas turbines; 

(6) advanced internal combustion engine generators; 

21 

(7) energy storage devices; 

(8) interconnection standards, protocols, and equipment; 

(9) ancillary equipment for dispatch and control; and 

(10) any other energy technologies, as appropriate. 

(b) MICRO-COGENERATION ENERGY TECHNOLOGY.—The Secretary shall make competitive, merit-based grants to consortia for the development of micro-cogeneration 

energy technology. The consortia shall explore— 

(1) the use of small-scale combined heat and power in residential heating appliances; or 

(2) the use of excess power to operate other appliances within the residence 

and supply excess generated power to the power grid. 

(c) GOALS.— 

(1) INITIAL GOALS.—In accordance with the performance plan and report requirements in section 4 of the Government Performance Results Act of 1993, 

the Secretary shall transmit to the Congress, along with the President’s annual 

budget request for fiscal year 2007, a report containing outcome measures with 

explicitly stated cost and performance baselines. The measures shall specify 

performance goals, with quantifiable 5-year cost and energy savings target levels, for distributed energy resources and systems, and any other such goals the 

Secretary considers appropriate. 

(2) SUBSEQUENT TRANSMITTALS.—The Secretary shall transmit to the Congress, along with the President’s annual budget request for each fiscal year 

after 2007, a report containing— 

(A) a description, including quantitative analysis, of progress in achieving 

performance goals transmitted under paragraph (1), as compared to the 

baselines transmitted under paragraph (1); and 

(B) any amendments to such goals. 

SEC. 322. ELECTRICITY TRANSMISSION AND DISTRIBUTION AND ENERGY ASSURANCE. 

(a) PROGRAM.—The Secretary shall conduct a research, development, demonstration, and commercial application program on advanced control devices to improve 

the energy efficiency and reliability of the electric transmission and distribution systems and to protect the Nation against severe energy supply disruptions. This program shall address, at a minimum— 

(1) advanced energy delivery and storage technologies, materials, and systems, including new transmission technologies, such as flexible alternating current transmission systems, composite conductor materials, and other technologies that enhance reliability, operational flexibility, or power-carrying capability; 

(2) advanced grid reliability and efficiency technology development; 

(3) technologies contributing to significant load reductions; 

(4) advanced metering, load management, and control technologies; 

(5) technologies to enhance existing grid components; 

(6) the development and use of high-temperature superconductors to— 

(A) enhance the reliability, operational flexibility, or power-carrying capability of electric transmission or distribution systems; or 

(B) increase the efficiency of electric energy generation, transmission, distribution, or storage systems; 

(7) integration of power systems, including systems to deliver high-quality 

electric power, electric power reliability, and combined heat and power; 

(8) supply of electricity to the power grid by small-scale, distributed, and residential-based power generators; 

(9) the development and use of advanced grid design, operation, and planning 

tools; 

(10) any other infrastructure technologies, as appropriate; and 

(11) technology transfer and education. 

(b) GOALS.— 

(1) INITIAL GOALS.—In accordance with the performance plan and report requirements in section 4 of the Government Performance Results Act of 1993, 

the Secretary shall transmit to the Congress, along with the President’s annual 

budget request for fiscal year 2007, a report containing outcome measures with 

explicitly stated cost and performance baselines. The measures shall specify 

performance goals, with quantifiable 5-year cost and energy savings target levels, for electricity transmission and distribution and energy assurance, and any 

other such goals the Secretary considers appropriate. 

(2) SUBSEQUENT TRANSMITTALS.—The Secretary shall transmit to the Congress, along with the President’s annual budget request for each fiscal year 

after 2007, a report containing— 

22 

(A) a description, including quantitative analysis, of progress in achieving 

performance goals transmitted under paragraph (1), as compared to the 

baselines transmitted under paragraph (1); and 

(B) any amendments to such goals. 

(c) HIGH VOLTAGE TRANSMISSION LINES.—As part of the program described in subsection (a), the Secretary shall award a grant to a university research program to 

design and test, in consultation with the Tennessee Valley Authority, state-of-theart optimization techniques for power flow through existing high voltage transmission lines. 

SEC. 323. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be appropriated to the 

Secretary for the purposes of carrying out this subtitle: 

(1) For fiscal year 2006, $220,000,000. 

(2) For fiscal year 2007, $240,000,000. 

(3) For fiscal year 2008, $250,000,000. 

(4) For fiscal year 2009, $265,000,000. 

(5) For fiscal year 2010, $275,000,000. 

(b) MICRO-COGENERATION ENERGY TECHNOLOGY.—From the amounts authorized 

under subsection (a), $20,000,000 for each of fiscal years 2006 and 2007 are authorized for activities under section 321(b). 

(c) ELECTRICITY TRANSMISSION AND DISTRIBUTION AND ENERGY ASSURANCE.— 

From the amounts authorized under subsection (a), the following sums are authorized for activities under section 322: 

(1) For fiscal year 2006, $130,000,000, of which $2,000,000 shall be for the 

program under section 322(c). 

(2) For fiscal year 2007, $140,000,000. 

(3) For fiscal year 2008, $150,000,000. 

(4) For fiscal year 2009, $160,000,000. 

(5) For fiscal year 2010, $165,000,000. 

TITLE IV—RENEWABLE ENERGY 

SEC. 401. FINDINGS. 

Congress makes the following findings: 

(1) Renewable energy is a growth industry around the world. However, the 

United States has not been investing as heavily as other countries, and is losing 

market share. 

(2) Since 1996, the United States has lost significant market share in the 

solar industry, dropping from 44 percent of the world market to 13 percent in 

2003. 

(3) In 2003, Japan spent more than $200,000,000 on solar research, development, demonstration, and commercial application and other incentives, and 

Germany provided more than $750,000,000 in low cost financing for solar photovoltaic projects. This compares to United States Government spending of 

$139,000,000 in 2003 for research, development, demonstration, and commercial 

application and other incentives. 

(4) Germany and Japan each had domestic photovoltaic industries that employed more than 10,000 people in 2003, while in the same year the United 

States photovoltaics industry employed only 2,000 people. 

(5) The United States is becoming increasingly dependent on imported energy. 

(6) The high cost of fossil fuels is hurting the United States economy. 

(7) Small reductions in peak demand can result in very large reductions in 

price, according to energy market experts. 

(8) Although the United States has only 2 percent of the world’s oil reserves 

and 3 percent of the world’s natural gas reserves, our Nation’s renewable energy resources are vast and largely untapped. 

(9) Renewable energy can reduce the demand for imported energy, reducing 

costs and decreasing the variability of energy prices. 

(10) By using domestic renewable energy resources, the United States can reduce the amount of money sent into unstable regions of the world and keep it 

in the United States. 

(11) By supporting renewable energy research and development, and funding 

demonstration and commercial application programs for renewable energy, the 

United States can create an export industry and improve the balance of trade. 

(12) Renewable energy can significantly reduce the environmental impacts of 

energy production. 

23 

SEC. 402. DEFINITIONS. 

For purposes of this title: 

(1) BIOBASED PRODUCT.—The term ‘‘biobased product’’ means a product determined by the Secretary to be a commercial or industrial product (other than 

food or feed) that is— 

(A) composed, in whole or in significant part, of— 

(i) biological products; 

(ii) renewable domestic agricultural materials (including plant, animal, and marine materials); or 

(iii) forestry materials; and 

(B) produced in connection with the conversion of biomass to energy or 

fuel. 

(2) CELLULOSIC BIOMASS.—The term ‘‘cellulosic biomass’’ means a crop containing lignocellulose or hemicellulose, including barley grain, grapeseed, forest 

thinnings, rice bran, rice hulls, rice straw, soybean matter, sugarcane bagasse, 

and any crop grown specifically for the purpose of producing cellulosic feedstocks. 

SEC. 403. PROGRAMS. 

(a) IN GENERAL.—The Secretary shall conduct programs of renewable energy research, development, demonstration, and commercial application, including activities described in this title. Such programs shall be focused on the following objectives: 

(1) Increasing the conversion efficiency of all forms of renewable energy 

through improved technologies. 

(2) Decreasing the cost of renewable energy generation and delivery. 

(3) Promoting the diversity of the energy supply. 

(4) Decreasing the Nation’s dependence on foreign energy supplies. 

(5) Improving United States energy security. 

(6) Decreasing the environmental impact of energy-related activities. 

(7) Increasing the export of renewable generation equipment from the United 

States. 

(b) GOALS.— 

(1) INITIAL GOALS.—In accordance with the performance plan and report requirements in section 4 of the Government Performance Results Act of 1993, 

the Secretary shall transmit to the Congress, along with the President’s annual 

budget request for fiscal year 2007, a report containing outcome measures with 

explicitly stated cost and performance baselines. The measures shall specify renewable energy performance goals, with quantifiable 5-year cost and energy 

savings target levels, for wind power, photovoltaics, solar thermal systems (including concentrating and solar hot water), geothermal energy, biomass-based 

systems, biofuels, and hydropower, and any other such goals the Secretary considers appropriate. 

(2) SUBSEQUENT TRANSMITTALS.—The Secretary shall transmit to the Congress, along with the President’s annual budget request for each fiscal year 

after 2007, a report containing— 

(A) a description, including quantitative analysis, of progress in achieving 

performance goals transmitted under paragraph (1), as compared to the 

baselines transmitted under paragraph (1); and 

(B) any amendments to such goals. 

(c) PUBLIC INPUT.—The Secretary shall consider advice from industry, universities, and other interested parties through seeking comments in the Federal Register and other means before transmitting each report under subsection (b). 

SEC. 404. SOLAR. 

(a) PROGRAM.—The Secretary shall conduct a program of research, development, 

demonstration, and commercial application for solar energy, including— 

(1) photovoltaics; 

(2) solar hot water and solar space heating; and 

(3) concentrating solar power. 

(b) BUILDING INTEGRATION.—For photovoltaics, solar hot water, and space heating, the Secretary shall conduct research, development, demonstration, and commercial application to support the development of products that can be easily integrated 

into new and existing buildings. 

(c) MANUFACTURE.—The Secretary shall conduct research, development, demonstration, and commercial application of manufacturing techniques that can 

produce low-cost, high-quality solar systems. 

24 

SEC. 405. BIOENERGY PROGRAMS. 

(a) PROGRAM.—The Secretary shall conduct a program of research, development, 

demonstration, and commercial application for cellulosic biomass, including— 

(1) biomass conversion to heat and electricity; 

(2) biomass conversion to liquid fuels; 

(3) biobased products; 

(4) integrated biorefineries that may produce heat, electricity, liquid fuels, 

and biobased products; 

(5) cross-cutting activities on feedstocks and enzymes; and 

(6) life-cycle economic analysis. 

(b) BIOFUELS AND BIOBASED PRODUCTS.—The objectives of the biofuels and 

biobased products programs under paragraphs (2), (3), and (4) of subsection (a), and 

of the biorefinery demonstration program under subsection (c), shall be to develop, 

in partnership with industry— 

(1) advanced biochemical and thermochemical conversion technologies capable 

of making high-value biobased chemical feedstocks and products, to substitute 

for petroleum-based feedstocks and products, biofuels that are price-competitive 

with gasoline or diesel in either internal combustion engines or fuel cell-powered vehicles, and biobased products from a variety of feedstocks, including 

grains, cellulosic biomass, and agricultural byproducts; and 

(2) advanced biotechnology processes capable of making biofuels and biobased 

products, with emphasis on development of biorefinery technologies, including 

enzyme-based processing technologies. 

(c) BIOMASS INTEGRATED REFINERY DEMONSTRATION.— 

(1) IN GENERAL.—The Secretary shall conduct a program to demonstrate the 

commercial application of at least 5 integrated biorefineries. The Secretary shall 

ensure geographical distribution of biorefinery demonstrations under this subsection. The Secretary shall not provide more than $100,000,000 under this subsection for any single biorefinery demonstration. The Secretary shall award the 

biorefinery demonstrations so as to encourage— 

(A) the demonstration of a wide variety of cellulosic biomass feedstocks; 

(B) the commercial application of biomass technologies for a variety of 

uses, including— 

(i) liquid transportation fuels; 

(ii) high-value biobased chemicals; 

(iii) substitutes for petroleum-based feedstocks and products; and 

(iv) energy in the form of electricity or useful heat; and 

(C) the demonstration of the collection and treatment of a variety of biomass feedstocks. 

(2) PROPOSALS.—Not later than 6 months after the date of enactment of this 

Act, the Secretary shall solicit proposals for demonstration of advanced biorefineries. The Secretary shall select only proposals that— 

(A) demonstrate that the project will be able to operate profitably without 

direct Federal subsidy after initial construction costs are paid; and 

(B) enable the biorefinery to be easily replicated. 

(d) GRANTS.—Of the funds authorized to be appropriated for activities authorized 

under this section, not less than $5,000,000 for each fiscal year shall be made available for grants to Historically Black Colleges and Universities, Tribal Colleges, and 

Hispanic-Serving Institutions. 

SEC. 406. WIND. 

(a) PROGRAM.—The Secretary shall conduct a program of research, development, 

demonstration, and commercial application for wind energy, including— 

(1) low speed wind energy; 

(2) offshore wind energy; 

(3) testing and verification; and 

(4) distributed wind energy generation. 

(b) FACILITY.—The Secretary shall construct and operate a research and testing 

facility capable of testing the largest wind turbines that are expected to be manufactured in the next 15 years. The Secretary shall consider the need for testing offshore 

turbine designs in siting the facility. All private users of the facility shall be required to pay the Department all costs associated with their use of the facility, including capital costs prorated at normal business amortization rates. 

(c) REGIONAL FIELD VERIFICATION PROGRAM.—Of the funds authorized to be appropriated for activities authorized under this section, not less than $4,000,000 for 

each fiscal year shall be made available for the Regional Field Verification Program 

of the Department. 

25 

SEC. 407. GEOTHERMAL. 

The Secretary shall conduct a program of research, development, demonstration, 

and commercial application for geothermal energy. The program shall focus on developing improved technologies for reducing the costs of geothermal energy installations, including technologies for— 

(1) improving detection of geothermal resources; 

(2) decreasing drilling costs; 

(3) decreasing maintenance costs through improved materials; 

(4) increasing the potential for other revenue sources, such as mineral production; and 

(5) increasing the understanding of reservoir life cycle and management. 

SEC. 408. PHOTOVOLTAIC DEMONSTRATION PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a program of grants to States to 

demonstrate advanced photovoltaic technology. 

(b) REQUIREMENTS.—(1) To receive funding under the program under this section, 

a State must submit a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection (f). 

(2) If a State has received funding under this section for the preceding year, the 

State must demonstrate, to the satisfaction of the Secretary, that it complied with 

the requirements of subsection (f) in carrying out the program during that preceding 

year, and that it will do so in the future. 

(3) Except as provided in subsection (c), each State submitting a qualifying proposal shall receive funding under the program based on the proportion of United 

States population in the State according to the 2000 census. In each fiscal year, the 

portion of funds attributable under this paragraph to States that have not submitted qualifying proposals in the time and manner specified by the Secretary shall 

be distributed pro rata to the States that have submitted qualifying proposals in the 

specified time and manner. 

(c) COMPETITION.—If more than $80,000,000 is available for the program under 

this section for any fiscal year, the Secretary shall allocate 75 percent of the funds 

available according to subsection (b), and shall award the remaining 25 percent on 

a competitive basis to the States with the proposals the Secretary considers most 

likely to encourage the widespread adoption of photovoltaic technologies. 

(d) PROPOSALS.—Not later than 6 months after the date of enactment of this Act, 

and in each subsequent fiscal year for the life of the program, the Secretary shall 

solicit proposals from the States to participate in the program under this section. 

(e) COMPETITIVE CRITERIA.—In awarding funds in a competitive allocation under 

subsection (c), the Secretary shall consider— 

(1) the likelihood of a proposal to encourage the demonstration of, or lower 

the costs of, advanced photovoltaic technologies; and 

(2) the extent to which a proposal is likely to— 

(A) maximize the amount of photovoltaics demonstrated; 

(B) maximize the proportion of non-Federal cost share; and 

(C) limit State administrative costs. 

(f) STATE PROGRAM.—A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photovoltaic technologies. Each State program shall— 

(1) require a contribution of at least 60 percent per award from non-Federal 

sources, which may include any combination of State, local, and private funds, 

except that at least 10 percent of the funding must be supplied by the State; 

(2) limit awards for any single project to a maximum of $1,000,000; 

(3) prohibit any nongovernmental recipient from receiving more than 

$1,000,000 per year; 

(4) endeavor to fund recipients in the commercial, industrial, institutional, 

governmental, and residential sectors; 

(5) limit State administrative costs to no more than 10 percent of the grant; 

(6) report annually to the Department on— 

(A) the amount of funds disbursed; 

(B) the amount of photovoltaics purchased; and 

(C) the results of the monitoring under paragraph (7); 

(7) provide for measurement and verification of the output of a representative 

sample of the photovoltaics systems demonstrated throughout the average 

working life of the systems, or at least 20 years; and 

(8) require that applicant buildings must have received an independent energy efficiency audit during the 6-month period preceding the filing of the application. 

26 

(g) UNEXPENDED FUNDS.—If a State fails to expend any funds received under subsection (b) or (c) within 3 years of receipt, such remaining funds shall be returned 

to the Treasury. 

(h) REPORTS.—The Secretary shall report to Congress 5 years after funds are first 

distributed to the States under this section— 

(1) the amount of photovoltaics demonstrated; 

(2) the number of projects undertaken; 

(3) the administrative costs of the program; 

(4) the amount of funds that each State has not received because of a failure 

to submit a qualifying proposal, as described in subsection (b)(3); 

(5) the results of the monitoring under subsection (f)(7); and 

(6) the total amount of funds distributed, including a breakdown by State. 

SEC. 409. ADDITIONAL PROGRAMS. 

(a) IN GENERAL.—The Secretary may conduct research, development, demonstration, and commercial application programs of— 

(1) ocean energy, including wave energy; 

(2) kinetic hydro turbines; and 

(3) the combined use of renewable energy technologies with one another and 

with other energy technologies. 

(b) MARINE RENEWABLE ENERGY STUDY.— 

(1) STUDY.—The Secretary shall enter into an arrangement with the National 

Academy of Sciences to conduct a study on— 

(A) the feasibility of various methods of renewable generation of energy 

from the ocean, including energy from waves, tides, currents, and thermal 

gradients; and 

(B) the research, development, demonstration, and commercial application activities required to make marine renewable energy generation competitive with other forms of electricity generation. 

(2) TRANSMITTAL.—Not later than 1 year after the date of enactment of this 

Act, the Secretary shall transmit the study to Congress along with the Secretary’s recommendations for implementing the results of the study. 

(c) RENEWABLE ENERGY IN PUBLIC BUILDINGS.— 

(1) DEMONSTRATION AND TECHNOLOGY TRANSFER PROGRAM.—The Secretary 

shall establish a program for the demonstration of innovative technologies for 

solar and other renewable energy sources in buildings owned or operated by a 

State or local government, and for the dissemination of information resulting 

from such demonstration to interested parties. 

(2) LIMIT ON FEDERAL FUNDING.—The Secretary shall provide under this subsection no more than 40 percent of the incremental costs of the solar or other 

renewable energy source project funded. 

(3) REQUIREMENT.—As part of the application for awards under this subsection, the Secretary shall require all applicants— 

(A) to demonstrate a continuing commitment to the use of solar and other 

renewable energy sources in buildings they own or operate; and 

(B) to state how they expect any award to further their transition to the 

significant use of renewable energy. 

SEC. 410. ANALYSIS AND EVALUATION. 

(a) IN GENERAL.—The Secretary shall conduct analysis and evaluation in support 

of the renewable energy programs under this title. These activities shall be used to 

guide budget and program decisions, and shall include— 

(1) economic and technical analysis of renewable energy potential, including 

resource assessment; 

(2) analysis of past program performance, both in terms of technical advances 

and in market introduction of renewable energy; and 

(3) any other analysis or evaluation that the Secretary considers appropriate. 

(b) FUNDING.—The Secretary may designate up to 1 percent of the funds appropriated for carrying out this title for analysis and evaluation activities under this 

section. 

SEC. 411. AUTHORIZATION OF APPROPRIATIONS. 

The following sums are authorized to be appropriated to the Secretary for the purposes of carrying out this title: 

(1) For fiscal year 2006, $465,000,000, of which— 

(A) $100,000,000 shall be for carrying out the solar program under section 404; 

(B) $200,000,000 shall be for carrying out the bioenergy program under 

section 405, including $100,000,000 for the biorefinery demonstration program under section 405(c); 

27 

(C) $55,000,000 shall be for carrying out the wind program under section 406, including $10,000,000 for the facility described in section 406(b); (D) $30,000,000 shall be for carrying out the geothermal program under 

section 407; and (E) $50,000,000 shall be for carrying out the photovoltaic demonstration 

program under section 408. (2) For fiscal year 2007, $605,000,000, of which— (A) $140,000,000 shall be for carrying out the solar program under section 404; (B) $245,000,000 shall be for carrying out the bioenergy program under section 405, including $125,000,000 for the biorefinery demonstration program under section 405(c); (C) $60,000,000 shall be for carrying out the wind program under section 406, including $15,000,000 for the facility described in section 406(b); (D) $30,000,000 shall be for carrying out the geothermal program under 

section 407; and (E) $100,000,000 shall be for carrying out the photovoltaic demonstration 

program under section 408. (3) For fiscal year 2008, $775,000,000, of which— (A) $200,000,000 shall be for carrying out the solar program under section 404; (B) $310,000,000 shall be for carrying out the bioenergy program under section 405, including $150,000,000 for the biorefinery demonstration program under section 405(c); (C) $65,000,000 shall be for carrying out the wind program under section 406, including $10,000,000 for the facility described in section 406(b); (D) $30,000,000 shall be for carrying out the geothermal program under 

section 407; and (E) $150,000,000 shall be for carrying out the photovoltaic demonstration 

program under section 408. (4) For fiscal year 2009, $940,000,000, of which— 

(A) $250,000,000 shall be for carrying out the solar program under section 404; 

(B) $355,000,000 shall be for carrying out the bioenergy program under 

section 405, including $175,000,000 for the biorefinery demonstration program under section 405(c); 

(C) $65,000,000 shall be for carrying out the wind program under section 

406, including $5,000,000 for the facility described in section 406(b); 

(D) $30,000,000 shall be for carrying out the geothermal program under 

section 407; and 

(E) $200,000,000 shall be for carrying out the photovoltaic demonstration 

program under section 408. 

(5) For fiscal year 2010, $1,125,000,000, of which— 

(A) $300,000,000 shall be for carrying out the solar program under section 404; 

(B) $400,000,000 shall be for carrying out the bioenergy program under 

section 405, including $200,000,000 for the biorefinery demonstration program under section 405(c); 

(C) $65,000,000 shall be for carrying out the wind program under section 

406, including $1,000,000 for the facility described in section 406(b); 

(D) $30,000,000 shall be for carrying out the geothermal program under 

section 407; and 

(E) $300,000,000 shall be for carrying out the photovoltaic demonstration 

program under section 408. 

TITLE V—NUCLEAR ENERGY PROGRAMS 

SEC. 501. DEFINITION. 

In this title, the term ‘‘junior faculty’’ means a faculty member who was awarded 

a doctorate less than 10 years before receipt of an award from the grant program 

described in section 512(b)(2). 

SEC. 502. PROGRAMS. 

(a) IN GENERAL.—The Secretary shall conduct programs of civilian nuclear energy 

research, development, demonstration, and commercial application, including activities described in this title. Programs under this title shall be focused on— 

(1) enhancing nuclear power’s viability as part of the United States energy 

portfolio; 

28 

(2) providing the technical means to reduce the likelihood of nuclear proliferation; 

(3) maintaining a cadre of nuclear scientists and engineers; 

(4) maintaining National Laboratory and university nuclear programs, including their infrastructure; 

(5) supporting both individual researchers and multidisciplinary teams of researchers to pioneer new approaches in nuclear energy, science, and technology; 

(6) developing, planning, constructing, acquiring, and operating special equipment and facilities for the use of researchers; 

(7) supporting technology transfer and other appropriate activities to assist 

the nuclear energy industry, and other users of nuclear science and engineering, 

including activities addressing reliability, availability, productivity, component 

aging, safety, and security of nuclear power plants; and 

(8) reducing the environmental impact of nuclear energy-related activities. 

(b) GOALS.— (1) INITIAL GOALS.—In accordance with the performance plan and report requirements in section 4 of the Government Performance Results Act of 1993, 

the Secretary shall transmit to the Congress, along with the President’s annual 

budget request for fiscal year 2007, a report containing outcome measures with 

explicitly stated cost and performance baselines. The measures shall specify 

performance goals, with quantifiable 5-year cost improvement and reliability, 

availability, productivity, and component aging target levels for a wide range 

of nuclear energy technologies, and any other such goals the Secretary considers 

appropriate. 

(2) SUBSEQUENT TRANSMITTALS.—The Secretary shall transmit to the Congress, along with the President’s annual budget request for each fiscal year 

after 2007, a report containing— 

(A) a description, including quantitative analysis, of progress in achieving 

performance goals transmitted under paragraph (1), as compared to the 

baselines transmitted under paragraph (1); and 

(B) any amendments to such goals. 

(c) PUBLIC INPUT.—The Secretary shall consider advice from industry, universities, and other interested parties through seeking comments in the Federal Register and other means before transmitting each report under subsection (b). 

Subtitle A—Nuclear Energy Research Programs 

SEC. 511. ADVANCED FUEL RECYCLING PROGRAM. 

(a) IN GENERAL.—The Secretary shall conduct an advanced fuel recycling technology research, development, demonstration, and commercial application program 

to evaluate fuel recycling or transmutation technologies which are proliferation-resistant and minimize environmental and public health and safety impacts, as an alternative to aqueous reprocessing technologies deployed as of the date of enactment 

of this Act, in support of evaluation of alternative national strategies for spent nuclear fuel and advanced reactor concepts. The program shall be subject to annual 

review by the Secretary’s Nuclear Energy Research Advisory Committee or other 

independent entity, as appropriate. 

(b) INTERNATIONAL COOPERATION.—The Secretary shall seek opportunities to engage international partners with expertise in advanced fuel recycling technologies 

where such partnerships may help achieve program goals. 

SEC. 512. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT. 

(a) IN GENERAL.—The Secretary shall conduct a program to invest in human resources and infrastructure in the nuclear sciences and related fields, including 

health physics, nuclear engineering, and radiochemistry, consistent with Departmental missions related to civilian nuclear research, development, demonstration, 

and commercial application. 

(b) REQUIREMENTS.—In carrying out the program under this section, the Secretary 

shall— 

(1) conduct a graduate and undergraduate fellowship program to attract new 

and talented students, which may include fellowships for students to spend time 

at National Laboratories in the areas of nuclear science, engineering, and 

health physics with a member of the National Laboratory staff acting as a mentor; 

(2) conduct a junior faculty research initiation grant program to assist universities in recruiting and retaining new faculty in the nuclear sciences and engineering by awarding grants to junior faculty for research on issues related to 

nuclear energy engineering and science; 

29 

(3) support fundamental nuclear sciences, engineering, and health physics research through a nuclear engineering education and research program; 

(4) encourage collaborative nuclear research among industry, National Laboratories, and universities; and 

(5) support communication and outreach related to nuclear science, engineering, and health physics. 

(c) STRENGTHENING UNIVERSITY RESEARCH AND TRAINING REACTORS AND ASSOCIATED INFRASTRUCTURE.—In carrying out the program under this section, the Secretary may support— 

(1) converting research reactors from high-enrichment fuels to low-enrichment 

fuels and upgrading operational instrumentation; 

(2) consortia of universities to broaden access to university research reactors; 

(3) student training programs, in collaboration with the United States nuclear 

industry, in relicensing and upgrading reactors, including through the provision 

of technical assistance; and 

(4) reactor improvements as part of a focused effort that emphasizes research, 

training, and education, including through the Innovations in Nuclear Infrastructure and Education Program or any similar program. 

(d) OPERATIONS AND MAINTENANCE.—Funding for a project provided under this 

section may be used for a portion of the operating and maintenance costs of a research reactor at a university used in the project. 

SEC. 513. UNIVERSITY-NATIONAL LABORATORY INTERACTIONS. 

The Secretary shall conduct— 

(1) a fellowship program for professors at universities to spend sabbaticals at 

National Laboratories in the areas of nuclear science and technology; and 

(2) a visiting scientist program in which National Laboratory staff can spend 

time in academic nuclear science and engineering departments. 

SEC. 514. NUCLEAR POWER 2010 PROGRAM. 

The Secretary shall carry out a Nuclear Power 2010 Program, consistent with recommendations in the October 2001 report entitled ‘‘A Roadmap to Deploy New Nuclear Power Plants in the United States by 2010’’ issued by the Nuclear Energy Research Advisory Committee of the Department. The Program shall include— 

(1) the expertise and capabilities of industry, universities, and National Laboratories in evaluation of advanced nuclear fuel cycles and fuels testing; 

(2) a variety of reactor designs suitable for both developed and developing nations; 

(3) participation of international collaborators in research, development, and 

design efforts as appropriate; and 

(4) university and industry participation. 

SEC. 515. GENERATION IV NUCLEAR ENERGY SYSTEMS INITIATIVE. 

The Secretary shall carry out a Generation IV Nuclear Energy Systems Initiative 

to develop an overall technology plan and to support research, development, demonstration, and commercial application necessary to make an informed technical decision about the most promising candidates for the eventual commercial application 

of advanced fission reactor technology for the generation of electricity. The Initiative 

shall examine advanced proliferation-resistant and passively safe reactor designs, 

including designs that— 

(1) are economically competitive with other electric power generation plants; 

(2) have higher efficiency, lower cost, and improved safety compared to reactors in operation on the date of enactment of this Act; 

(3) use fuels that are proliferation-resistant and have substantially reduced 

production of high-level waste per unit of output; and 

(4) use improved instrumentation. 

SEC. 516. CIVILIAN INFRASTRUCTURE AND FACILITIES. 

The Secretary shall operate and maintain infrastructure and facilities to support 

the nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and 

facilities management. 

SEC. 517. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT INFRASTRUCTURE PLAN. 

In carrying out section 209, the Secretary shall— 

(1) develop an inventory of nuclear science and engineering facilities, equipment, expertise, and other assets at all of the National Laboratories; 

(2) develop a prioritized list of nuclear science and engineering plant and 

equipment improvements needed at each of the National Laboratories; 

30 

(3) consider the available facilities and expertise at all National Laboratories 

and emphasize investments which complement rather than duplicate capabilities; and 

(4) develop a timeline and a proposed budget for the completion of deferred 

maintenance on plant and equipment, 

with the goal of ensuring that Department programs under this title will be generally recognized to be among the best in the world. 

SEC. 518. IDAHO NATIONAL LABORATORY FACILITIES PLAN. 

(a) PLAN.—The Secretary shall develop a comprehensive plan for the facilities at 

the Idaho National Laboratory, especially taking into account the resources available at other National Laboratories. In developing the plan, the Secretary shall— 

(1) evaluate the facilities planning processes utilized by other physical science 

and engineering research and development institutions, both in the United 

States and abroad, that are generally recognized as being among the best in the 

world, and consider how those processes might be adapted toward developing 

such facilities plan; 

(2) avoid duplicating, moving, or transferring nuclear science and engineering 

facilities, equipment, expertise, and other assets that currently exist at other 

National Laboratories; 

(3) consider the establishment of a national transuranic analytic chemistry 

laboratory as a user facility at the Idaho National Laboratory; 

(4) include a plan to develop, if feasible, the Advanced Test Reactor and Test 

Reactor Area into a user facility that is more readily accessible to academic and 

industrial researchers; 

(5) consider the establishment of a fast neutron source as a user facility; 

(6) consider the establishment of new ‘‘hot cells’’ and the configuration of ‘‘hot 

cells’’ most likely to advance research, development, demonstration, and commercial application in nuclear science and engineering, especially in the context 

of the condition and availability of these facilities elsewhere in the National 

Laboratories; and 

(7) include a timeline and a proposed budget for the completion of deferred 

maintenance on plant and equipment. 

(b) TRANSMITTAL TO CONGRESS.—Not later than one year after the date of enactment of this Act, the Secretary shall transmit such plan to Congress. 

SEC. 519. AUTHORIZATION OF APPROPRIATIONS. 

(a) PROGRAM AUTHORIZATION.—The following sums are authorized to be appropriated to the Secretary for the purposes of carrying out this subtitle: (1) $407,000,000 for fiscal year 2006. 

(2) $427,000,000 for fiscal year 2007. 

(3) $449,000,000 for fiscal year 2008. 

(4) $471,000,000 for fiscal year 2009. 

(5) $495,000,000 for fiscal year 2010. 

(b) UNIVERSITY SUPPORT.—Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 512: 

(1) $35,200,000 for fiscal year 2006. 

(2) $44,350,000 for fiscal year 2007. 

(3) $49,200,000 for fiscal year 2008. 

(4) $55,000,000 for fiscal year 2009. 

(5) $60,000,000 for fiscal year 2010. 

Subtitle B—Next Generation Nuclear Plant 

Program 

SEC. 531. DEFINITIONS. 

For purposes of this subtitle: 

(1) CONSTRUCTION.—The term ‘‘construction’’ means the physical construction 

of the demonstration plant, and the physical construction, purchase, or manufacture of equipment or components that are specifically designed for the demonstration plant, but does not mean the design of the facility, equipment, or 

components. 

(2) DEMONSTRATION PLANT.—The term ‘‘demonstration plant’’ means an advanced fission reactor power plant constructed and operated in accordance with 

this subtitle. 

(3) OPERATION.—The term ‘‘operation’’ means the operation of the demonstration plant, including general maintenance and provision of power, heating and 

cooling, and other building services that are specifically for the demonstration 

31 

plant, but does not mean operations that support other activities colocated with 

the demonstration plant. 

SEC. 532. NEXT GENERATION NUCLEAR POWER PLANT. 

(a) IN GENERAL.—The Secretary shall conduct a program of research, development, demonstration, and commercial application of advanced nuclear fission reactor technology. The objective of this program shall be to demonstrate the technical 

and economic feasibility of an advanced nuclear fission reactor power plant design 

for the commercial production of electricity. 

(b) RESEARCH AND DEVELOPMENT.—The program shall include research, development, design, planning, and all other necessary activities to support the construction 

and operation of the demonstration plant. 

(c) SUBSYSTEM DEMONSTRATIONS.—The Secretary shall support demonstration of 

enabling technologies and subsystems and other research, development, demonstration, and commercial application activities necessary to support the activities in this 

subtitle. 

(d) CONSTRUCTION AND OPERATION.—The program shall culminate in the construction and operation of the demonstration plant based on a design selected by 

the Secretary in accordance with procedures described in the plan required by section 534(c). The demonstration plant shall be located and constructed within the 

United States and shall be operational, and capable of demonstrating the commercial production of electricity, by December 31, 2015. 

(e) LIMITATION.—No funds shall be expended for the construction or operation of 

the demonstration plant until 90 days have elapsed after the transmission of the 

plan described in section 534(c). 

SEC. 533. ADVISORY COMMITTEE. 

The Secretary shall appoint a Next Generation Nuclear Power Plant Subcommittee of the Nuclear Energy Research Advisory Council to provide advice to the 

Secretary on technical matters and program management for the duration of the 

program and construction project under this subtitle. 

SEC. 534. PROGRAM REQUIREMENTS. 

(a) PARTNERSHIPS.—In carrying out the program under this subtitle, the Secretary 

shall make use of partnerships with industry for the research, development, design, 

construction, and operation of the demonstration plant. In establishing such partnerships, the Secretary shall give preference to companies for which the principal 

base of operations is located in the United States. 

(b) INTERNATIONAL COLLABORATION.—(1) The Secretary shall seek international 

cooperation, participation, and financial contribution in this program, including assistance from specialists or facilities from member countries of the Generation IV 

International Forum, the Russian Federation, or other international partners where 

such specialists or facilities provide access to cost-effective and relevant skills or test 

capabilities. 

(2) International activities shall be carried out in consultation with the Generation IV International Forum. 

(3) The program may include demonstration of selected program objectives in a 

partner nation. 

(c) PROGRAM PLAN.—Not later than one year after the date of enactment of this 

Act, the Secretary shall transmit to Congress a comprehensive program plan. The 

program plan shall— 

(1) describe the plan for development, selection, management, ownership, operation, and decommissioning of the demonstration plant; 

(2) identify program milestones and a timeline for achieving these milestones; 

(3) provide for development of risk-based criteria for any future commercial 

development of a reactor architecture based on that of the demonstration plant; 

(4) include a projected budget required to meet the milestones; and 

(5) include an explanation of any major program decisions that deviate from 

program advice given to the Secretary by the advisory committee established 

under section 533. 

SEC. 535. AUTHORIZATION OF APPROPRIATIONS. 

(a) RESEARCH, DEVELOPMENT, AND DESIGN PROGRAMS.—The following sums are 

authorized to be appropriated to the Secretary for the purposes of carrying out this 

subtitle except for the demonstration plant activities described in subsection (b): 

(1) For fiscal year 2006, $150,000,000. 

(2) For fiscal year 2007, $150,000,000. 

(3) For fiscal year 2008, $150,000,000. 

(4) For fiscal year 2009, $150,000,000. 

(5) For fiscal year 2010, $150,000,000. 

32 

(b) REACTOR CONSTRUCTION.—There are authorized to be appropriated to the Secretary such sums as may be necessary for operation and construction of the demonstration plant under this subtitle. The Secretary shall not spend more than 

$500,000,000 for demonstration plant reactor construction activities under this subtitle. 

TITLE VI—FOSSIL ENERGY 

Subtitle A—Research Programs 

SEC. 601. ENHANCED FOSSIL ENERGY RESEARCH AND DEVELOPMENT PROGRAMS. 

(a) IN GENERAL.—The Secretary shall, in conjunction with industry, conduct fossil 

energy research, development, demonstration, and commercial applications programs, including activities under this subtitle, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption. Such programs shall be focused on— 

(1) increasing the conversion efficiency of all forms of fossil energy through 

improved technologies; 

(2) decreasing the cost of all fossil energy production, generation, and delivery; 

(3) promoting diversity of energy supply; 

(4) decreasing the Nation’s dependence on foreign energy supplies; 

(5) improving United States energy security; 

(6) decreasing the environmental impact of energy-related activities; and 

(7) increasing the export of fossil energy-related equipment, technology, and 

services from the United States. 

(b) GOALS.— 

(1) INITIAL GOALS.—In accordance with the performance plan and report requirements in section 4 of the Government Performance Results Act of 1993, 

the Secretary shall transmit to the Congress, along with the President’s annual 

budget request for fiscal year 2007, a report containing outcome measures with 

explicitly stated cost and performance baselines. The measures shall specify 

production or efficiency performance goals, with quantifiable 5-year cost and energy savings target levels, for fossil energy, and any other such goals the Secretary considers appropriate. 

(2) SUBSEQUENT TRANSMITTALS.—The Secretary shall transmit to the Congress, along with the President’s annual budget request for each fiscal year 

after 2007, a report containing— 

(A) a description, including quantitative analysis, of progress in achieving 

performance goals transmitted under paragraph (1), as compared to the 

baselines transmitted under paragraph (1); and 

(B) any amendments to such goals. 

(c) COVERED ACTIVITIES.—The Secretary shall ensure that the goals stated in subsection (b) are illustrative of the outcomes necessary to promote acceptance of the 

programs’ efforts in the marketplace, but at a minimum shall encompass the following areas: 

(1) Coal gasifiers. 

(2) Turbine generators, including both natural gas and syngas fueled. 

(3) Oxygen separation devices, hydrogen separation devices, and carbon dioxide separation technologies. 

(4) Coal gas and post-combustion emission cleanup and disposal equipment, 

including carbon dioxide capture and disposal equipment. 

(5) Average per-foot drilling costs for oil and gas, segregated by appropriate 

drilling regimes, including onshore versus offshore and depth categories. 

(6) Production of liquid fuels from nontraditional feedstocks, including syngas, 

biomass, methane, and combinations thereof. 

(7) Environmental discharge per barrel of oil or oil-equivalent production, including reinjected waste. 

(8) Surface disturbance on both a per-well and per-barrel of oil or oil-equivalent production basis. 

(d) PUBLIC INPUT.—The Secretary shall consider advice from industry, universities, and other interested parties through seeking comments in the Federal Register and other means before transmitting each report under subsection (b). 

SEC. 602. FOSSIL RESEARCH AND DEVELOPMENT. 

(a) OBJECTIVES.—The Secretary shall conduct a program of fossil research, development, demonstration, and commercial application, whose objective shall be to reVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00036 Fmt 6659 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
33 

duce emissions from fossil fuel use by developing technologies, including 

precombustion technologies, by 2015 with the capability of— 

(1) dramatically increasing electricity generating efficiencies of coal and natural gas; 

(2) improving combined heat and power thermal efficiencies; 

(3) improving fuels utilization efficiency of production of liquid transportation 

fuels from coal; 

(4) achieving near-zero emissions of mercury and of emissions that form fine 

particles, smog, and acid rain; 

(5) reducing carbon dioxide emissions by at least 40 percent through efficiency 

improvements and by 100 percent with sequestration; and 

(6) improved reliability, efficiency, reductions of air pollutant emissions, and 

reductions in solid waste disposal requirements. 

(b) COAL-BASED PROJECTS.—The coal-based projects authorized under this section 

shall be consistent with the objective stated in subsection (a). The program shall 

emphasize carbon capture and sequestration technologies and gasification technologies, including gasification combined cycle, gasification fuel cells, gasification coproduction, hybrid gasification/combustion, or other technologies with the potential 

to address the capabilities described in paragraphs (4) and (5) of subsection (a). 

SEC. 603. OIL AND GAS RESEARCH AND DEVELOPMENT. 

The Secretary shall conduct a program of oil and gas research, development, demonstration, and commercial application, whose objective shall be to advance the 

science and technology available to domestic petroleum producers, particularly independent operators, to minimize the economic dislocation caused by the decline of domestic supplies of oil and natural gas resources by focusing research on— 

(1) assisting small domestic producers of oil and gas to develop new and improved technologies to discover and extract additional supplies; 

(2) developing technologies to extract methane hydrates in an environmentally sound manner; 

(3) improving the ability of the domestic industry to extract hydrocarbons 

from known reservoirs and classes of reservoirs; and 

(4) reducing the cost, and improving the efficiency and environmental performance, of oil and gas exploration and extraction activities, focusing especially 

on unconventional sources such as tar sands, heavy oil, and shale oil. 

SEC. 604. TRANSPORTATION FUELS. 

The Secretary shall conduct a program of transportation fuels research, development, demonstration, and commercial application, whose objective shall be to increase the price elasticity of oil supply and demand by focusing research on— 

(1) reducing the cost of producing transportation fuels from coal and natural 

gas; and 

(2) indirect liquefaction of coal and biomass. 

SEC. 605. FUEL CELLS. 

(a) PROGRAM.—The Secretary shall conduct a program of research, development, 

demonstration, and commercial application of fuel cells for low-cost, high-efficiency, 

fuel-flexible, modular power systems. 

(b) DEMONSTRATION.—The program under this section shall include demonstration 

of fuel cell proton exchange membrane technology for commercial, residential, and 

transportation applications, and distributed generation systems, utilizing improved 

manufacturing production and processes. 

SEC. 606. CARBON DIOXIDE CAPTURE RESEARCH AND DEVELOPMENT. 

(a) PROGRAM.—The Secretary of Energy shall support a 10-year program of research and development aimed at developing carbon dioxide capture technologies for 

pulverized coal combustion units. The program shall focus on— 

(1) developing add-on carbon dioxide capture technologies, such as adsorption 

and absorption techniques and chemical processes, to remove carbon dioxide 

from flue gas, producing concentrated streams of carbon dioxide potentially 

amenable to sequestration; 

(2) combustion technologies that would directly produce concentrated streams 

of carbon dioxide potentially amenable to sequestration; and 

(3) increasing the efficiency of the overall combustion system in order to reduce the amount of carbon dioxide emissions released from the system per 

megawatt generated. 

(b) CARBON SEQUESTRATION.—In conjunction with the program under subsection 

(a), the Secretary shall continue pursuing a robust carbon sequestration program 

with the private sector, through regional carbon sequestration partnerships. 

34 

SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be appropriated to the 

Secretary for the purposes of carrying out this subtitle: 

(1) For fiscal year 2006, $583,000,000. 

(2) For fiscal year 2007, $611,000,000. 

(3) For fiscal year 2008, $626,000,000. 

(4) For fiscal year 2009, $641,000,000. 

(5) For fiscal year 2010, $657,000,000. 

(b) ALLOCATION.—From amounts authorized under subsection (a), there are authorized to be appropriated for carrying out the program under section 606— 

(1) $20,000,000 for fiscal year 2006; 

(2) $25,000,000 for fiscal year 2007; 

(3) $30,000,000 for fiscal year 2008; 

(4) $35,000,000 for fiscal year 2009; and 

(5) $40,000,000 for fiscal year 2010. 

Subtitle B—Ultra-Deepwater and Unconventional 

Natural Gas and Other Petroleum Resources 

SEC. 611. PROGRAM AUTHORITY. 

(a) IN GENERAL.—The Secretary shall carry out a program under this subtitle of 

research, development, demonstration, and commercial application of technologies 

for ultra-deepwater and unconventional natural gas and other petroleum resource 

exploration and production, including addressing the technology challenges for small 

producers, safe operations, and environmental mitigation (including reduction of 

greenhouse gas emissions and sequestration of carbon). 

(b) METHANE HYDRATE REPORT.—Within 6 months of enactment, the Secretary 

shall report to Congress on whether the activities described in the Methane Hydrates Act of 2000 (114 Stat. 234 or 30 U.S.C. 1902 note) should be carried out 

under this subtitle. 

(c) PROGRAM ELEMENTS.—The program under this subtitle shall address the following areas, including improving safety and minimizing environmental impacts of 

activities within each area: 

(1) Ultra-deepwater technology, including drilling to formations in the Outer 

Continental Shelf to depths greater than 15,000 feet. 

(2) Ultra-deepwater architecture. 

(3) Unconventional natural gas and other petroleum resource exploration and 

production technology, including the technology challenges of small producers. 

(d) LIMITATION ON LOCATION OF FIELD ACTIVITIES.—Field activities under the program under this subtitle shall be carried out only— 

(1) in— 

(A) areas in the territorial waters of the United States not under any 

Outer Continental Shelf moratorium as of September 30, 2002; 

(B) areas onshore in the United States on public land administered by the 

Secretary of the Interior available for oil and gas leasing, where consistent 

with applicable law and land use plans; and 

(C) areas onshore in the United States on State or private land, subject 

to applicable law; and 

(2) with the approval of the appropriate Federal or State land management 

agency or private land owner. 

(e) RESEARCH AT NATIONAL ENERGY TECHNOLOGY LABORATORY.—The Secretary, 

through the National Energy Technology Laboratory, shall carry out research complementary to research under subsection (b). 

(f) CONSULTATION WITH SECRETARY OF THE INTERIOR.—In carrying out this subtitle, the Secretary shall consult regularly with the Secretary of the Interior. 

SEC. 612. ULTRA-DEEPWATER PROGRAM. 

(a) IN GENERAL.—The Secretary shall carry out the activities under section 611(a), 

to maximize the use of the ultra-deepwater natural gas and other petroleum resources of the United States by increasing the supply of such resources, through reducing the cost and increasing the efficiency of exploration for and production of 

such resources, while improving safety and minimizing environmental impacts. 

(b) ROLE OF THE SECRETARY.—The Secretary shall have ultimate responsibility 

for, and oversight of, all aspects of the program under this section. 

(c) ROLE OF THE PROGRAM CONSORTIUM.— 

(1) IN GENERAL.—The Secretary may contract with a consortium to— 

(A) manage awards pursuant to subsection (f)(4); 

35 

(B) make recommendations to the Secretary for project solicitations; 

(C) disburse funds awarded under subsection (f) as directed by the Secretary in accordance with the annual plan under subsection (e); and 

(D) 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 decision-making capacity under subsection 

(f)(3) or (4) 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 review under subsection (f)(3) or 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) TAX STATUS.—The program consortium shall be an entity that is exempt 

from tax under section 501(c)(3) of the Internal Revenue Code of 1986. 

(4) SCHEDULE.—Not later than 180 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 360 days 

after the date of enactment of this Act. The Secretary shall select the program 

consortium not later than 18 months 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 

(C) describe how the applicant would carry out the activities of the program consortium under this section. 

(6) ELIGIBILITY.—To be eligible to be selected as the program consortium, an 

applicant must be an entity whose members collectively have demonstrated capabilities in planning and managing research, development, demonstration, and 

commercial application programs in natural gas or other petroleum exploration 

or production. 

(7) CRITERION.—The Secretary shall consider the amount of the fee an applicant proposes to receive under subsection (g) in selecting a consortium under 

this section. 

(e) ANNUAL PLAN.— 

(1) IN GENERAL.—The program under this section shall be carried out pursuant to an annual plan prepared by the Secretary in accordance with paragraph 

(2). 

(2) DEVELOPMENT.— 

(A) SOLICITATION OF RECOMMENDATIONS.—Before drafting an annual plan 

under this subsection, the Secretary shall solicit specific written recommendations from the program consortium for each element to be addressed in the plan, including those described in paragraph (4). The Secretary may request that the program consortium submit its recommendations in the form of a draft annual plan. 

(B) SUBMISSION OF RECOMMENDATIONS; OTHER COMMENT.—The Secretary 

shall submit the recommendations of the program consortium under subparagraph (A) to the Ultra-Deepwater Advisory Committee established 

under section 615(a) for review, and such Advisory Committee shall provide 

to the Secretary written comments by a date determined by the Secretary. 

The Secretary may also solicit comments from any other experts. 

36 

(C) CONSULTATION.—The Secretary shall consult regularly with the program consortium throughout the preparation of the annual plan. 

(3) PUBLICATION.—The Secretary shall transmit to Congress and publish in 

the Federal Register the annual plan, along with any written comments received under paragraph (2)(A) and (B). 

(4) CONTENTS.—The annual plan shall describe the ongoing and prospective 

activities of the program under this section and shall include— 

(A) a list of any solicitations for awards that the Secretary plans to issue 

to carry out research, development, demonstration, or commercial application activities, including the topics for such work, who would be eligible to 

apply, selection criteria, and the duration of awards; and 

(B) a description of the activities expected of the program consortium to 

carry out subsection (f)(4). 

(5) ESTIMATES OF INCREASED ROYALTY RECEIPTS.—The Secretary, in consultation with the Secretary of the Interior, shall provide an annual report to Congress with the President’s budget on the estimated cumulative increase in Federal royalty receipts (if any) resulting from the implementation of this subtitle. 

The initial report under this paragraph shall be submitted in the first President’s budget following the completion of the first annual plan required under 

this subsection. 

(f) AWARDS.— 

(1) IN GENERAL.—The Secretary shall make awards to carry out research, development, demonstration, and commercial application activities under the program under this section. The program consortium shall not be eligible to receive 

such awards, but members of the program consortium may receive such awards. 

(2) PROPOSALS.—The Secretary shall solicit proposals for awards under this 

subsection in such manner and at such time as the Secretary may prescribe, 

in consultation with the program consortium. 

(3) REVIEW.—The Secretary shall make awards under this subsection through 

a competitive process, which shall include a review by individuals selected by 

the Secretary. Such individuals shall include, for each application, Federal officials, the program consortium, and non-Federal experts who are not board 

members, officers, or employees of the program consortium or of a member of 

the program consortium. 

(4) OVERSIGHT.— 

(A) IN GENERAL.—The program consortium shall oversee the implementation of awards under this subsection, consistent with the annual plan under 

subsection (e), including disbursing funds and monitoring activities carried 

out under such awards for compliance with the terms and conditions of the 

awards. 

(B) EFFECT.—Nothing in subparagraph (A) shall limit the authority or responsibility of the Secretary to oversee awards, or limit the authority of the 

Secretary to review or revoke awards. 

(C) PROVISION OF INFORMATION.—The Secretary shall provide to the program consortium the information necessary for the program consortium to 

carry out its responsibilities under this paragraph. 

(g) ADMINISTRATIVE COSTS.— 

(1) IN GENERAL.—To compensate the program consortium for carrying out its 

activities under this section, the Secretary shall provide to the program consortium funds sufficient to administer the program. This compensation may include a management fee consistent with Department of Energy contracting 

practices and procedures. 

(2) ADVANCE.—The Secretary shall advance funds to the program consortium 

upon selection of the consortium, which shall be deducted from amounts to be 

provided under paragraph (1). 

(h) AUDIT.—The Secretary shall retain an independent, commercial auditor to determine the extent to which funds provided to the program consortium, and funds 

provided under awards made under subsection (f), have been expended in a manner 

consistent with the purposes and requirements of this subtitle. The auditor shall 

transmit a report annually to the Secretary, who shall transmit the report to Congress, along with a plan to remedy any deficiencies cited in the report. 

SEC. 613. UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCES PROGRAM. 

(a) IN GENERAL.—The Secretary shall carry out activities under section 611(b)(3), 

to maximize the use of the onshore unconventional natural gas and other petroleum 

resources of the United States, by increasing the supply of such resources, through 

reducing the cost and increasing the efficiency of exploration for and production of 

such resources, while improving safety and minimizing environmental impacts. 

(b) AWARDS.— 

37 

(1) IN GENERAL.—The Secretary shall carry out this section through awards 

to research consortia made through an open, competitive process. As a condition 

of award of funds, qualified research consortia shall— 

(A) demonstrate capability and experience in unconventional onshore natural gas or other petroleum research and development; 

(B) provide a research plan that demonstrates how additional natural gas 

or oil production will be achieved; and 

(C) at the request of the Secretary, provide technical advice to the Secretary for the purposes of developing the annual plan required under subsection (e). 

(2) PRODUCTION POTENTIAL.—The Secretary shall seek to ensure that the 

number and types of awards made under this subsection have reasonable potential to lead to additional oil and natural gas production on Federal lands. 

(3) SCHEDULE.—To carry out this subsection, not later than 180 days after the 

date of enactment of this Act, the Secretary shall solicit proposals from research 

consortia, which shall be submitted not later than 360 days after the date of 

enactment of this Act. The Secretary shall select the first group of research consortia to receive awards under this subsection not later than 18 months after 

such date of enactment. 

(c) AUDIT.—The Secretary shall retain an independent, commercial auditor to determine the extent to which funds provided under awards made under this section 

have been expended in a manner consistent with the purposes and requirements of 

this subtitle. The auditor shall transmit a report annually to the Secretary, who 

shall transmit the report to Congress, along with a plan to remedy any deficiencies 

cited in the report. 

(d) FOCUS AREAS FOR AWARDS.— 

(1) UNCONVENTIONAL RESOURCES.—Awards from allocations under section 

619(d)(2) shall focus on areas including advanced coalbed methane, deep drilling, natural gas production from tight sands, natural gas production from gas 

shales, stranded gas, innovative exploration and production techniques, enhanced recovery techniques, and environmental mitigation of unconventional 

natural gas and other petroleum resources exploration and production. 

(2) SMALL PRODUCERS.—Awards from allocations under section 619(d)(3) shall 

be made to consortia consisting of small producers or organized primarily for 

the benefit of small producers, and shall focus on areas including complex geology involving rapid changes in the type and quality of the oil and gas reservoirs 

across the reservoir; low reservoir pressure; unconventional natural gas reservoirs in coalbeds, deep reservoirs, tight sands, or shales; and unconventional 

oil reservoirs in tar sands and oil shales. 

(e) ANNUAL PLAN.— 

(1) IN GENERAL.—The program under this section shall be carried out pursuant to an annual plan prepared by the Secretary in accordance with paragraph 

(2). 

(2) DEVELOPMENT.— 

(A) WRITTEN RECOMMENDATIONS.—Before drafting an annual plan under 

this subsection, the Secretary shall solicit specific written recommendations 

from the research consortia receiving awards under subsection (b) and the 

Unconventional Resources Technology Advisory Committee for each element to be addressed in the plan, including those described in subparagraph (D). 

(B) CONSULTATION.—The Secretary shall consult regularly with the research consortia throughout the preparation of the annual plan. 

(C) PUBLICATION.—The Secretary shall transmit to Congress and publish 

in the Federal Register the annual plan, along with any written comments 

received under subparagraph (A). 

(D) CONTENTS.—The annual plan shall describe the ongoing and prospective activities under this section and shall include a list of any solicitations 

for awards that the Secretary plans to issue to carry out research, development, demonstration, or commercial application activities, including the 

topics for such work, who would be eligible to apply, selection criteria, and 

the duration of awards. 

(3) ESTIMATES OF INCREASED ROYALTY RECEIPTS.—The Secretary, in consultation with the Secretary of the Interior, shall provide an annual report to Congress with the President’s budget on the estimated cumulative increase in Federal royalty receipts (if any) resulting from the implementation of this subtitle. 

The initial report under this paragraph shall be submitted in the first President’s budget following the completion of the first annual plan required under 

this subsection. 

38 

(f) ACTIVITIES BY THE UNITED STATES GEOLOGICAL SURVEY.—The Secretary of the 

Interior, through the United States Geological Survey, shall, where appropriate, 

carry out programs of long-term research to complement the programs under this 

section. 

SEC. 614. ADDITIONAL REQUIREMENTS FOR AWARDS. 

(a) DEMONSTRATION PROJECTS.—An application for an award under this subtitle 

for a demonstration project shall describe with specificity the intended commercial 

use of the technology to be demonstrated. 

(b) FLEXIBILITY IN LOCATING DEMONSTRATION PROJECTS.—Subject to the limitation in section 611(c), a demonstration project under this subtitle relating to an 

ultra-deepwater technology or an ultra-deepwater architecture may be conducted in 

deepwater depths. 

(c) INTELLECTUAL PROPERTY AGREEMENTS.—If an award under this subtitle is 

made to a consortium (other than the program consortium), the consortium shall 

provide to the Secretary a signed contract agreed to by all members of the consortium describing the rights of each member to intellectual property used or developed 

under the award. 

(d) TECHNOLOGY TRANSFER.—2.5 percent of the amount of each award made 

under this subtitle shall be designated for technology transfer and outreach activities under this subtitle. 

(e) COST SHARING REDUCTION FOR INDEPENDENT PRODUCERS.—In applying the 

cost sharing requirements under [section ll] to an award under this subtitle the 

Secretary may reduce or eliminate the non-Federal requirement if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project. 

SEC. 615. ADVISORY COMMITTEES. 

(a) ULTRA-DEEPWATER ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—Not later than 270 days after the date of enactment of 

this Act, the Secretary shall establish an advisory committee to be known as 

the Ultra-Deepwater Advisory Committee. 

(2) MEMBERSHIP.—The advisory committee under this subsection shall be 

composed of members appointed by the Secretary including— 

(A) individuals with extensive research experience or operational knowledge of offshore natural gas and other petroleum exploration and production; 

(B) individuals broadly representative of the affected interests in ultradeepwater natural gas and other petroleum production, including interests 

in environmental protection and safe operations; 

(C) no individuals who are Federal employees; and 

(D) no individuals who are board members, officers, or employees of the 

program consortium. 

(3) DUTIES.—The advisory committee under this subsection shall— 

(A) advise the Secretary on the development and implementation of programs under this subtitle related to ultra-deepwater natural gas and other 

petroleum resources; and 

(B) carry out section 612(e)(2)(B). 

(4) COMPENSATION.—A member of the advisory committee under this subsection shall serve without compensation but shall receive travel expenses in accordance with applicable provisions under subchapter I of chapter 57 of title 5, 

United States Code. 

(b) UNCONVENTIONAL RESOURCES TECHNOLOGY ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—Not later than 270 days after the date of enactment of 

this Act, the Secretary shall establish an advisory committee to be known as 

the Unconventional Resources Technology Advisory Committee. 

(2) MEMBERSHIP.—The advisory committee under this subsection shall be 

composed of members appointed by the Secretary including— 

(A) a majority of members who are employees or representatives of independent producers of natural gas and other petroleum, including small producers; 

(B) individuals with extensive research experience or operational knowledge of unconventional natural gas and other petroleum resource exploration and production; 

(C) individuals broadly representative of the affected interests in unconventional natural gas and other petroleum resource exploration and production, including interests in environmental protection and safe operations; 

and 

(D) no individuals who are Federal employees. 

39 

(3) DUTIES.—The advisory committee under this subsection shall advise the 

Secretary on the development and implementation of activities under this subtitle related to unconventional natural gas and other petroleum resources. 

(4) COMPENSATION.—A member of the advisory committee under this subsection shall serve without compensation but shall receive travel expenses in accordance with applicable provisions under subchapter I of chapter 57 of title 5, 

United States Code. 

(c) PROHIBITION.—No advisory committee established under this section shall 

make recommendations on funding awards to particular consortia or other entities, 

or for specific projects. 

SEC. 616. LIMITS ON PARTICIPATION. 

An entity shall be eligible to receive an award under this subtitle only if the Secretary finds— 

(1) that the entity’s participation in the program under this subtitle would be 

in the economic interest of the United States; and 

(2) that either— 

(A) the entity is a United States-owned entity organized under the laws 

of the United States; or 

(B) the entity is organized under the laws of the United States and has 

a parent entity organized under the laws of a country that affords— 

(i) to United States-owned entities opportunities, comparable to those 

afforded to any other entity, to participate in any cooperative research 

venture similar to those authorized under this subtitle; 

(ii) to United States-owned entities local investment opportunities 

comparable to those afforded to any other entity; and 

(iii) adequate and effective protection for the intellectual property 

rights of United States-owned entities. 

SEC. 617. SUNSET. 

The authority provided by this subtitle shall terminate on September 30, 2015. 

SEC. 618. DEFINITIONS. 

In this subtitle: 

(1) DEEPWATER.—The term ‘‘deepwater’’ means a water depth that is greater 

than 200 but less than 1,500 meters. 

(2) INDEPENDENT PRODUCER OF OIL OR GAS.— 

(A) IN GENERAL.—The term ‘‘independent producer of oil or gas’’ means 

any person that produces oil or gas other than a person to whom subsection 

(c) of section 613A of the Internal Revenue Code of 1986 does not apply by 

reason of paragraph (2) (relating to certain retailers) or paragraph (4) (relating to certain refiners) of section 613A(d) of such Code. 

(B) RULES FOR APPLYING PARAGRAPHS (2) AND (4) OF SECTION 613A(d).—For 

purposes of subparagraph (A), paragraphs (2) and (4) of section 613A(d) of 

the Internal Revenue Code of 1986 shall be applied by substituting ‘‘calendar year’’ for ‘‘taxable year’’ each place it appears in such paragraphs. 

(3) PROGRAM CONSORTIUM.—The term ‘‘program consortium’’ means the consortium selected under section 612(d). 

(4) REMOTE OR INCONSEQUENTIAL.—The term ‘‘remote or inconsequential’’ has 

the meaning given that term in regulations issued by the Office of Government 

Ethics under section 208(b)(2) of title 18, United States Code. 

(5) SMALL PRODUCER.—The term ‘‘small producer’’ means an entity organized 

under the laws of the United States with production levels of less than 1,000 

barrels per day of oil equivalent. 

(6) ULTRA-DEEPWATER.—The term ‘‘ultra-deepwater’’ means a water depth 

that is equal to or greater than 1,500 meters. 

(7) ULTRA-DEEPWATER ARCHITECTURE.—The term ‘‘ultra-deepwater architecture’’ means the integration of technologies for the exploration for, or production 

of, natural gas or other petroleum resources located at ultra-deepwater depths. 

(8) ULTRA-DEEPWATER TECHNOLOGY.—The term ‘‘ultra-deepwater technology’’ 

means a discrete technology that is specially suited to address 1 or more challenges associated with the exploration for, or production of, natural gas or other 

petroleum resources located at ultra-deepwater depths. 

(9) UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCE.—The 

term ‘‘unconventional natural gas and other petroleum resource’’ means natural 

gas and other petroleum resource located onshore in an economically inaccessible geological formation, including resources of small producers. 

SEC. 619. FUNDING. 

(a) IN GENERAL.— 

40 

(1) OIL AND GAS LEASE INCOME.—For each of fiscal years 2006 through 2015, 

from any Federal royalties, rents, and bonuses derived from Federal onshore 

and offshore oil and gas leases issued under the Outer Continental Shelf Lands 

Act and the Mineral Leasing Act which are deposited in the Treasury, and after 

distribution of any such funds as described in subsection (c), $150,000,000 shall 

be deposited into the Ultra-Deepwater and Unconventional Natural Gas and 

Other Petroleum Research Fund (in this section referred to as the Fund). For 

purposes of this section, the term ‘‘royalties’’ excludes proceeds from the sale of 

royalty production taken in kind and royalty production that is transferred 

under section 27(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 

1353(a)(3)). 

(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts described in 

paragraph (1), there are authorized to be appropriated to the Secretary, to be 

deposited in the Fund, $50,000,000 for each of the fiscal years 2006 through 

2015, to remain available until expended. 

(b) OBLIGATIONAL AUTHORITY.—Monies in the Fund shall be available to the Secretary for obligation under this subtitle without fiscal year limitation, to remain 

available until expended. 

(c) PRIOR DISTRIBUTIONS.—The distributions described in subsection (a) are those 

required by law— 

(1) to States and to the Reclamation Fund under the Mineral Leasing Act (30 

U.S.C. 191(a)); and 

(2) to other funds receiving monies from Federal oil and gas leasing programs, 

including— 

(A) any recipients pursuant to section 8(g) of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1337(g)); 

(B) the Land and Water Conservation Fund, pursuant to section 2(c) of 

the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–5(c)); 

(C) the Historic Preservation Fund, pursuant to section 108 of the National Historic Preservation Act (16 U.S.C. 470h); and 

(D) the Secure Energy Reinvestment Fund. 

(d) ALLOCATION.—Amounts obligated from the Fund under this section in each fiscal year shall be allocated as follows: 

(1) 50 percent shall be for activities under section 612. 

(2) 35 percent shall be for activities under section 613(d)(1). 

(3) 10 percent shall be for activities under section 613(d)(2). 

(4) 5 percent shall be for research under section 611(d). 

(e) FUND.—There is hereby established in the Treasury of the United States a separate fund to be known as the ‘‘Ultra-Deepwater and Unconventional Natural Gas 

and Other Petroleum Research Fund’’. 

TITLE VII—HYDROGEN 

SEC. 701. DEFINITIONS. 

In this title: 

(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the Hydrogen Technical and Fuel Cell Advisory Committee established under section 705. 

(2) FUEL CELL.—The term ‘‘fuel cell’’ means a device that directly converts the 

chemical energy of a fuel and an oxidant into electricity by an electrochemical 

process taking place at separate electrodes in the device. 

(3) INFRASTRUCTURE.—The term ‘‘infrastructure’’ means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen. 

(4) LIGHT DUTY VEHICLE.—The term ‘‘light duty vehicle’’ means a car or truck 

classified by the Department of Transportation as a Class I or IIA vehicle. 

SEC. 702. PLAN. 

Not later than 6 months after the date of enactment of this Act, the Secretary 

shall transmit to Congress a coordinated plan for the programs described in this 

title and any other programs of the Department that are directly related to fuel cells 

or hydrogen. The plan shall describe, at a minimum— 

(1) the agenda for the next 5 years for the programs authorized under this 

title, including the agenda for each activity enumerated in section 703(a); 

(2) the types of entities that will carry out the activities under this title and 

what role each entity is expected to play; 

(3) the milestones that will be used to evaluate the programs for the next 5 

years; 

41 

(4) the most significant technical and nontechnical hurdles that stand in the 

way of achieving the goals described in section 703(b), and how the programs 

will address those hurdles; and 

(5) the policy assumptions that are implicit in the plan, including any assumptions that would affect the sources of hydrogen or the marketability of hydrogen-related products. 

SEC. 703. PROGRAMS. 

(a) ACTIVITIES.—The Secretary, in partnership with the private sector, shall conduct programs to address— 

(1) production of hydrogen from diverse energy sources, including— 

(A) fossil fuels, which may include carbon capture and sequestration; 

(B) hydrogen-carrier fuels (including ethanol and methanol); 

(C) renewable energy resources, including biomass; and 

(D) nuclear energy; 

(2) use of hydrogen for commercial, industrial, and residential electric power 

generation; 

(3) safe delivery of hydrogen or hydrogen-carrier fuels, including— 

(A) transmission by pipeline and other distribution methods; and 

(B) convenient and economic refueling of vehicles either at central refueling stations or through distributed on-site generation; 

(4) advanced vehicle technologies, including— 

(A) engine and emission control systems; 

(B) energy storage, electric propulsion, and hybrid systems; 

(C) automotive materials; and 

(D) other advanced vehicle technologies; 

(5) storage of hydrogen or hydrogen-carrier fuels, including development of 

materials for safe and economic storage in gaseous, liquid, or solid form at refueling facilities and onboard vehicles; 

(6) development of safe, durable, affordable, and efficient fuel cells, including 

fuel-flexible fuel cell power systems, improved manufacturing processes, hightemperature membranes, cost-effective fuel processing for natural gas, fuel cell 

stack and system reliability, low temperature operation, and cold start capability; 

(7) development, after consultation with the private sector, of necessary codes 

and standards (including international codes and standards and voluntary consensus standards adopted in accordance with OMB Circular A–119) and safety 

practices for the production, distribution, storage, and use of hydrogen, hydrogen-carrier fuels, and related products; and 

(8) a public education program to develop improved knowledge and acceptability of hydrogen-based systems. 

(b) PROGRAM GOALS.— 

(1) VEHICLES.—For vehicles, the goals of the program are— 

(A) to enable a commitment by automakers no later than year 2015 to 

offer safe, affordable, and technically viable hydrogen fuel cell vehicles in 

the mass consumer market; and 

(B) to enable production, delivery, and acceptance by consumers of model 

year 2020 hydrogen fuel cell and other hydrogen-powered vehicles that will 

have— 

(i) a range of at least 300 miles; 

(ii) improved performance and ease of driving; 

(iii) safety and performance comparable to vehicle technologies in the 

market; and 

(iv) when compared to light duty vehicles in model year 2003— 

(I) fuel economy that is substantially higher; 

(II) substantially lower emissions of air pollutants; and 

(III) equivalent or improved vehicle fuel system crash integrity 

and occupant protection. 

(2) HYDROGEN ENERGY AND ENERGY INFRASTRUCTURE.—For hydrogen energy 

and energy infrastructure, the goals of the program are to enable a commitment 

not later than 2015 that will lead to infrastructure by 2020 that will provide— 

(A) safe and convenient refueling; 

(B) improved overall efficiency; 

(C) widespread availability of hydrogen from domestic energy sources 

through— 

(i) production, with consideration of emissions levels; 

(ii) delivery, including transmission by pipeline and other distribution 

methods for hydrogen; and 

(iii) storage, including storage in surface transportation vehicles; 

42 

(D) hydrogen for fuel cells, internal combustion engines, and other energy 

conversion devices for portable, stationary, and transportation applications; 

and 

(E) other technologies consistent with the Department’s plan. 

(3) FUEL CELLS.—The goals for fuel cells and their portable, stationary, and 

transportation applications are to enable— 

(A) safe, economical, and environmentally sound hydrogen fuel cells; 

(B) fuel cells for light duty and other vehicles; and 

(C) other technologies consistent with the Department’s plan. 

(c) DEMONSTRATION.—In carrying out the programs under this section, the Secretary shall fund a limited number of demonstration projects, consistent with a determination of the maturity, cost-effectiveness, and environmental impacts of technologies supporting each project. In selecting projects under this subsection, the Secretary shall, to the extent practicable and in the public interest, select projects 

that— 

(1) involve using hydrogen and related products at existing facilities or installations, such as existing office buildings, military bases, vehicle fleet centers, 

transit bus authorities, or units of the National Park System; 

(2) depend on reliable power from hydrogen to carry out essential activities; 

(3) lead to the replication of hydrogen technologies and draw such technologies into the marketplace; 

(4) include vehicle, portable, and stationary demonstrations of fuel cell and 

hydrogen-based energy technologies; 

(5) address the interdependency of demand for hydrogen fuel cell applications 

and hydrogen fuel infrastructure; 

(6) raise awareness of hydrogen technology among the public; 

(7) facilitate identification of an optimum technology among competing alternatives; 

(8) address distributed generation using renewable sources; and 

(9) address applications specific to rural or remote locations, including isolated villages and islands, the National Park System, and tribal entities. 

The Secretary shall give preference to projects which address multiple elements contained in paragraphs (1) through (9). 

(d) DEPLOYMENT.—In carrying out the programs under this section, the Secretary 

shall, in partnership with the private sector, conduct activities to facilitate the deployment of hydrogen energy and energy infrastructure, fuel cells, and advanced vehicle technologies. 

(e) FUNDING.— 

(1) IN GENERAL.—The Secretary shall carry out the programs under this section using a competitive, merit-based review process and consistent with the 

generally applicable Federal laws and regulations governing awards of financial 

assistance, contracts, or other agreements. 

(2) RESEARCH CENTERS.—Activities under this section may be carried out by 

funding nationally recognized university-based or Federal laboratory research 

centers. 

(f) DISCLOSURE.—Section 623 of the Energy Policy Act of 1992 (42 U.S.C. 13293) 

relating to the protection of information shall apply to projects carried out through 

grants, cooperative agreements, or contracts under this title. 

SEC. 704. INTERAGENCY TASK FORCE. 

(a) ESTABLISHMENT.—Not later than 120 days after the date of enactment of this 

Act, the President shall establish an interagency task force chaired by the Secretary 

with representatives from each of the following: 

(1) The Office of Science and Technology Policy within the Executive Office 

of the President. 

(2) The Department of Transportation. 

(3) The Department of Defense. 

(4) The Department of Commerce (including the National Institute of Standards and Technology). 

(5) The Department of State. 

(6) The Environmental Protection Agency. 

(7) The National Aeronautics and Space Administration. 

(8) Other Federal agencies as the Secretary determines appropriate. 

(b) DUTIES.— 

(1) PLANNING.—The interagency task force shall work toward— 

(A) a safe, economical, and environmentally sound fuel infrastructure for 

hydrogen and hydrogen-carrier fuels, including an infrastructure that supports buses and other fleet transportation; 

43 

(B) fuel cells in government and other applications, including portable, 

stationary, and transportation applications; 

(C) distributed power generation, including the generation of combined 

heat, power, and clean fuels including hydrogen; 

(D) uniform hydrogen codes, standards, and safety protocols; and 

(E) vehicle hydrogen fuel system integrity safety performance. 

(2) ACTIVITIES.—The interagency task force may organize workshops and conferences, may issue publications, and may create databases to carry out its duties. The interagency task force shall— 

(A) foster the exchange of generic, nonproprietary information and technology among industry, academia, and government; 

(B) develop and maintain an inventory and assessment of hydrogen, fuel 

cells, and other advanced technologies, including the commercial capability 

of each technology for the economic and environmentally safe production, 

distribution, delivery, storage, and use of hydrogen; 

(C) integrate technical and other information made available as a result 

of the programs and activities under this title; 

(D) promote the marketplace introduction of infrastructure for hydrogen 

fuel vehicles; and 

(E) conduct an education program to provide hydrogen and fuel cell information to potential end-users. 

(c) AGENCY COOPERATION.—The heads of all agencies, including those whose agencies are not represented on the interagency task force, shall cooperate with and furnish information to the interagency task force, the Advisory Committee, and the Department. 

SEC. 705. ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—The Hydrogen Technical and Fuel Cell Advisory Committee 

is established to advise the Secretary on the programs and activities under this 

title. 

(b) MEMBERSHIP.— (1) MEMBERS.—The Advisory Committee shall be comprised of not fewer than 

12 nor more than 25 members. The members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, Federal laboratories, previous advisory panels, and financial, environmental, and other appropriate organizations based on the Department’s assessment of the technical and other qualifications of committee members and 

the needs of the Advisory Committee. 

(2) TERMS.—The term of a member of the Advisory Committee shall not be 

more than 3 years. The Secretary may appoint members of the Advisory Committee in a manner that allows the terms of the members serving at any time 

to expire at spaced intervals so as to ensure continuity in the functioning of the 

Advisory Committee. A member of the Advisory Committee whose term is expiring may be reappointed. 

(3) CHAIRPERSON.—The Advisory Committee shall have a chairperson, who is 

elected by the members from among their number. 

(c) REVIEW.—The Advisory Committee shall review and make recommendations to 

the Secretary on— 

(1) the implementation of programs and activities under this title; 

(2) the safety, economical, and environmental consequences of technologies for 

the production, distribution, delivery, storage, or use of hydrogen energy and 

fuel cells; and 

(3) the plan under section 702. 

(d) RESPONSE.— 

(1) CONSIDERATION OF RECOMMENDATIONS.—The Secretary shall consider, but 

need not adopt, any recommendations of the Advisory Committee under subsection (c). 

(2) BIENNIAL REPORT.—The Secretary shall transmit a biennial report to Congress describing any recommendations made by the Advisory Committee since 

the previous report. The report shall include a description of how the Secretary 

has implemented or plans to implement the recommendations, or an explanation of the reasons that a recommendation will not be implemented. The report shall be transmitted along with the President’s budget proposal. 

(e) SUPPORT.—The Secretary shall provide resources necessary in the judgment of 

the Secretary for the Advisory Committee to carry out its responsibilities under this 

title. 

SEC. 706. EXTERNAL REVIEW. 

(a) PLAN.—The Secretary shall enter into an arrangement with the National 

Academy of Sciences to review the plan prepared under section 702, which shall be 

44 

completed not later than 6 months after the Academy receives the plan. Not later 

than 45 days after receiving the review, the Secretary shall transmit the review to 

Congress along with a plan to implement the review’s recommendations or an explanation of the reasons that a recommendation will not be implemented. 

(b) ADDITIONAL REVIEW.—The Secretary shall enter into an arrangement with the 

National Academy of Sciences under which the Academy will review the programs 

under section 703 during the fourth year following the date of enactment of this Act. 

The Academy’s review shall include the research priorities and technical milestones, 

and evaluate the progress toward achieving them. The review shall be completed 

not later than 5 years after the date of enactment of this Act. Not later than 45 

days after receiving the review, the Secretary shall transmit the review to Congress 

along with a plan to implement the review’s recommendations or an explanation for 

the reasons that a recommendation will not be implemented. 

SEC. 707. MISCELLANEOUS PROVISIONS. 

(a) REPRESENTATION.—The Secretary may represent the United States interests 

with respect to activities and programs under this title, in coordination with the Department of Transportation, the National Institute of Standards and Technology, 

and other relevant Federal agencies, before governments and nongovernmental organizations including— 

(1) other Federal, State, regional, and local governments and their representatives; 

(2) industry and its representatives, including members of the energy and 

transportation industries; and 

(3) in consultation with the Department of State, foreign governments and 

their representatives including international organizations. 

(b) REGULATORY AUTHORITY.—Nothing in this title shall be construed to alter the 

regulatory authority of the Department. 

SEC. 708. SAVINGS CLAUSE. 

Nothing in this title shall be construed to affect the authority of the Secretary of 

Transportation that may exist prior to the date of enactment of this Act with respect 

to— 

(1) research into, and regulation of, hydrogen-powered vehicles fuel systems 

integrity, standards, and safety under subtitle VI of title 49, United States 

Code; 

(2) regulation of hazardous materials transportation under chapter 51 of title 

49, United States Code; 

(3) regulation of pipeline safety under chapter 601 of title 49, United States 

Code; 

(4) encouragement and promotion of research, development, and deployment 

activities relating to advanced vehicle technologies under section 5506 of title 

49, United States Code; 

(5) regulation of motor vehicle safety under chapter 301 of title 49, United 

States Code; 

(6) automobile fuel economy under chapter 329 of title 49, United States 

Code; or 

(7) representation of the interests of the United States with respect to the activities and programs under the authority of title 49, United States Code. 

SEC. 709. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to carry out this title, 

in addition to any amounts made available for these purposes under other Acts— 

(1) $273,500,000 for fiscal year 2006; 

(2) $375,000,000 for fiscal year 2007; 

(3) $450,000,000 for fiscal year 2008; 

(4) $500,000,000 for fiscal year 2009; and 

(5) $550,000,000 for fiscal year 2010. 

TITLE VIII—ADVANCED VEHICLES 

Subtitle A—Pilot Program 

SEC. 801. DEFINITIONS. 

In this subtitle: 

(1) ALTERNATIVE FUELED VEHICLE.— 

45 

(A) IN GENERAL.—The term ‘‘alternative fueled vehicle’’ means a vehicle 

propelled solely on an alternative fuel (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)). 

(B) EXCLUSION.—The term ‘‘alternative fueled vehicle’’ does not include a 

vehicle that the Secretary determines, by regulation, does not yield substantial environmental benefits over a vehicle operating solely on gasoline 

or diesel derived from fossil fuels. 

(2) FUEL CELL VEHICLE.—The term ‘‘fuel cell vehicle’’ means a vehicle propelled by an electric motor powered by a fuel cell system that converts chemical 

energy into electricity by combining oxygen (from air) with hydrogen fuel that 

is stored on the vehicle or is produced onboard by reformation of a hydrocarbon 

fuel. Such fuel cell system may or may not include the use of auxiliary energy 

storage systems to enhance vehicle performance. 

(3) HYBRID VEHICLE.—The term ‘‘hybrid vehicle’’ means a medium or heavy 

duty vehicle propelled by an internal combustion engine or heat engine using 

any combustible fuel and an onboard rechargeable energy storage device. 

(4) NEIGHBORHOOD ELECTRIC VEHICLE.—The term ‘‘neighborhood electric vehicle’’ means a motor vehicle that— 

(A) meets the definition of a low-speed vehicle (as defined in part 571 of 

title 49, Code of Federal Regulations); 

(B) meets the definition of a zero-emission vehicle (as defined in section 

86.1702–99 of title 40, Code of Federal Regulations); 

(C) meets the requirements of Federal Motor Vehicle Safety Standard No. 

500; and 

(D) has a maximum speed of not greater than 25 miles per hour. 

(5) PILOT PROGRAM.—The term ‘‘pilot program’’ means the competitive grant 

program established under section 802. 

(6) ULTRA-LOW SULFUR DIESEL VEHICLE.—The term ‘‘ultra-low sulfur diesel vehicle’’ means a vehicle manufactured in model year 2005 or 2006 powered by 

a heavy-duty diesel engine that— 

(A) is fueled by diesel fuel that contains sulfur at not more than 15 parts 

per million; and 

(B) emits not more than the lesser of— 

(i) 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons 

and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; or 

(ii) the quantity of emissions of nonmethane hydrocarbons, oxides of 

nitrogen, and particulate matter of the best-performing technology of 

ultra-low sulfur diesel vehicles of the same class and application that 

are commercially available. 

SEC. 802. PILOT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program, to be administered 

through the Clean Cities Program of the Department of Energy, to provide not more 

than 15 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects 

for the purposes described in subsection (b). 

(b) GRANT PURPOSES.—A grant under this section may be used for the following 

purposes: 

(1) The acquisition of alternative fueled vehicles or fuel cell vehicles, including— 

(A) passenger vehicles (including neighborhood electric vehicles); and 

(B) motorized 2–wheel bicycles, scooters, or other vehicles for use by law 

enforcement personnel or other State or local government or metropolitan 

transportation authority employees. 

(2) The acquisition of alternative fueled vehicles, hybrid vehicles, or fuel cell 

vehicles, including— 

(A) buses used for public transportation or transportation to and from 

schools; 

(B) delivery vehicles for goods or services; and 

(C) ground support vehicles at public airports (including vehicles to carry 

baggage or push or pull airplanes toward or away from terminal gates). 

(3) The acquisition of ultra-low sulfur diesel vehicles. 

(4) Installation or acquisition of infrastructure necessary to directly support 

an alternative fueled vehicle, fuel cell vehicle, or hybrid vehicle project funded 

by the grant, including fueling and other support equipment. 

(5) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant. 

46 

(c) APPLICATIONS.— 

(1) REQUIREMENTS.— 

(A) IN GENERAL.—The Secretary shall issue requirements for applying for 

grants under the pilot program. 

(B) MINIMUM REQUIREMENTS.—At a minimum, the Secretary shall require 

that an application for a grant— 

(i) be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and a 

registered participant in the Clean Cities Program of the Department 

of Energy; and 

(ii) include— 

(I) a description of the project proposed in the application, including how the project meets the requirements of this subtitle; 

(II) an estimate of the ridership or degree of use of the project; 

(III) an estimate of the air pollution emissions reduced and fossil 

fuel displaced as a result of the project, and a plan to collect and 

disseminate environmental data, related to the project to be funded 

under the grant, over the life of the project; 

(IV) a description of how the project will be sustainable without 

Federal assistance after the completion of the term of the grant; 

(V) a complete description of the costs of the project, including 

acquisition, construction, operation, and maintenance costs over 

the expected life of the project; 

(VI) a description of which costs of the project will be supported 

by Federal assistance under this subtitle; and 

(VII) documentation to the satisfaction of the Secretary that diesel fuel containing sulfur at not more than 15 parts per million is 

available for carrying out the project, and a commitment by the applicant to use such fuel in carrying out the project. 

(2) PARTNERS.—An applicant under paragraph (1) may carry out a project 

under the pilot program in partnership with public and private entities. 

(d) SELECTION CRITERIA.—In evaluating applications under the pilot program, the 

Secretary shall— 

(1) consider each applicant’s previous experience with similar projects; and 

(2) give priority consideration to applications that— 

(A) are most likely to maximize protection of the environment; 

(B) demonstrate the greatest commitment on the part of the applicant to 

ensure funding for the proposed project and the greatest likelihood that the 

project will be maintained or expanded after Federal assistance under this 

subtitle is completed; and 

(C) exceed the minimum requirements of subsection (c)(1)(B)(ii). 

(e) PILOT PROJECT REQUIREMENTS.— 

(1) MAXIMUM AMOUNT.—The Secretary shall not provide more than 

$20,000,000 in Federal assistance under the pilot program to any applicant. 

(2) COST SHARING.—The Secretary shall not provide more than 50 percent of 

the cost, incurred during the period of the grant, of any project under the pilot 

program. 

(3) MAXIMUM PERIOD OF GRANTS.—The Secretary shall not fund any applicant 

under the pilot program for more than 5 years. 

(4) DEPLOYMENT AND DISTRIBUTION.—The Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project 

sites. 

(5) TRANSFER OF INFORMATION AND KNOWLEDGE.—The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted 

applications. 

(f) SCHEDULE.— 

(1) PUBLICATION.—Not later than 90 days after the date of enactment of this 

Act, the Secretary shall publish in the Federal Register, Commerce Business 

Daily, and elsewhere as appropriate, a request for applications to undertake 

projects under the pilot program. Applications shall be due not later than 180 

days after the date of publication of the notice. 

(2) SELECTION.—Not later than 180 days after the date by which applications 

for grants are due, the Secretary shall select by competitive, peer reviewed proposal, all applications for projects to be awarded a grant under the pilot program. 

47 

(g) LIMIT ON FUNDING.—The Secretary shall provide not less than 20 nor more 

than 25 percent of the grant funding made available under this section for the acquisition of ultra-low sulfur diesel vehicles. 

SEC. 803. REPORTS TO CONGRESS. 

(a) INITIAL REPORT.—Not later than 60 days after the date on which grants are 

awarded under this subtitle, the Secretary shall submit to Congress a report containing— 

(1) an identification of the grant recipients and a description of the projects 

to be funded; 

(2) an identification of other applicants that submitted applications for the 

pilot program; and 

(3) a description of the mechanisms used by the Secretary to ensure that the 

information and knowledge gained by participants in the pilot program are 

transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications. 

(b) EVALUATION.—Not later than 3 years after the date of enactment of this Act, 

and annually thereafter until the pilot program ends, the Secretary shall submit to 

Congress a report containing an evaluation of the effectiveness of the pilot program, 

including— 

(1) an assessment of the benefits to the environment derived from the projects 

included in the pilot program; and 

(2) an estimate of the potential benefits to the environment to be derived from 

widespread application of alternative fueled vehicles and ultra-low sulfur diesel 

vehicles. 

SEC. 804. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to carry out this subtitle 

$200,000,000, to remain available until expended. 

Subtitle B—Clean School Buses 

SEC. 811. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the Environmental Protection Agency. 

(2) ALTERNATIVE FUEL.—The term ‘‘alternative fuel’’ means liquefied natural 

gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or 

methanol or ethanol at no less than 85 percent by volume. 

(3) ALTERNATIVE FUEL SCHOOL BUS.—The term ‘‘alternative fuel school bus’’ 

means a school bus that meets all of the requirements of this subtitle and is 

operated solely on an alternative fuel. 

(4) EMISSIONS CONTROL RETROFIT TECHNOLOGY.—The term ‘‘emissions control 

retrofit technology’’ means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on 

an existing school bus. 

(5) IDLING.—The term ‘‘idling’’ means operating an engine while remaining 

stationary for more than approximately 15 minutes, except that the term does 

not apply to routine stoppages associated with traffic movement or congestion. 

(6) ULTRA-LOW SULFUR DIESEL FUEL.—The term ‘‘ultra-low sulfur diesel fuel’’ 

means diesel fuel that contains sulfur at not more than 15 parts per million. 

(7) ULTRA-LOW SULFUR DIESEL FUEL SCHOOL BUS.—The term ‘‘ultra-low sulfur 

diesel fuel school bus’’ means a school bus that meets all of the requirements 

of this subtitle and is operated solely on ultra-low sulfur diesel fuel. 

SEC. 812. PROGRAM FOR REPLACEMENT OF CERTAIN SCHOOL BUSES WITH CLEAN SCHOOL 

BUSES. 

(a) ESTABLISHMENT.—The Administrator, in consultation with the Secretary and 

other appropriate Federal departments and agencies, shall establish a program for 

awarding grants on a competitive basis to eligible entities for the replacement of existing school buses manufactured before model year 1991 with alternative fuel 

school buses and ultra-low sulfur diesel fuel school buses. 

(b) REQUIREMENTS.— 

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this 

Act, the Administrator shall establish and publish in the Federal Register grant 

requirements on eligibility for assistance, and on implementation of the program established under subsection (a), including instructions for the submission 

48 

of grant applications and certification requirements to ensure compliance with 

this subtitle. 

(2) APPLICATION DEADLINES.—The requirements established under paragraph 

(1) shall require submission of grant applications not later than— 

(A) in the case of the first year of program implementation, the date that 

is 180 days after the publication of the requirements in the Federal Register; and 

(B) in the case of each subsequent year, June 1 of the year. 

(c) ELIGIBLE RECIPIENTS.—A grant shall be awarded under this section only— 

(1) to 1 or more local or State governmental entities responsible for providing 

school bus service to 1 or more public school systems or responsible for the purchase of school buses; 

(2) to 1 or more contracting entities that provide school bus service to 1 or 

more public school systems, if the grant application is submitted jointly with 

the 1 or more school systems to be served by the buses, except that the application may provide that buses purchased using funds awarded shall be owned, operated, and maintained exclusively by the 1 or more contracting entities; or 

(3) to a nonprofit school transportation association representing private contracting entities, if the association has notified and received approval from the 

1 or more school systems to be served by the buses. 

(d) AWARD DEADLINES.— 

(1) IN GENERAL.—Subject to paragraph (2), the Administrator shall award a 

grant made to a qualified applicant for a fiscal year— 

(A) in the case of the first fiscal year of program implementation, not 

later than the date that is 90 days after the application deadline established under subsection (b)(2); and 

(B) in the case of each subsequent fiscal year, not later than August 1 

of the fiscal year. 

(2) INSUFFICIENT NUMBER OF QUALIFIED GRANT APPLICATIONS.—If the Administrator does not receive a sufficient number of qualified grant applications to 

meet the requirements of subsection (i)(1) for a fiscal year, the Administrator 

shall award a grant made to a qualified applicant under subsection (i)(2) not 

later than September 30 of the fiscal year. 

(e) TYPES OF GRANTS.— 

(1) IN GENERAL.—A grant under this section shall be used for the replacement 

of school buses manufactured before model year 1991 with alternative fuel 

school buses and ultra-low sulfur diesel fuel school buses. 

(2) NO ECONOMIC BENEFIT.—Other than the receipt of the grant, a recipient 

of a grant under this section may not receive any economic benefit in connection 

with the receipt of the grant. 

(3) PRIORITY OF GRANT APPLICATIONS.—The Administrator shall give priority 

to applicants that propose to replace school buses manufactured before model 

year 1977. 

(f) CONDITIONS OF GRANT.—A grant provided under this section shall include the 

following conditions: 

(1) SCHOOL BUS FLEET.—All buses acquired with funds provided under the 

grant shall be operated as part of the school bus fleet for which the grant was 

made for a minimum of 5 years. 

(2) USE OF FUNDS.—Funds provided under the grant may only be used— 

(A) to pay the cost, except as provided in paragraph (3), of new alternative fuel school buses or ultra-low sulfur diesel fuel school buses, including State taxes and contract fees associated with the acquisition of such 

buses; and 

(B) to provide— 

(i) up to 20 percent of the price of the alternative fuel school buses 

acquired, for necessary alternative fuel infrastructure if the infrastructure will only be available to the grant recipient; and 

(ii) up to 25 percent of the price of the alternative fuel school buses 

acquired, for necessary alternative fuel infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. 

(3) GRANT RECIPIENT FUNDS.—The grant recipient shall be required to provide 

at least— 

(A) in the case of a grant recipient described in paragraph (1) or (3) of 

subsection (c), the lesser of— 

(i) an amount equal to 15 percent of the total cost of each bus received; or 

(ii) $15,000 per bus; and 

(B) in the case of a grant recipient described in subsection (c)(2), the lesser of— 

49 

(i) an amount equal to 20 percent of the total cost of each bus received; or 

(ii) $20,000 per bus. 

(4) ULTRA-LOW SULFUR DIESEL FUEL.—In the case of a grant recipient receiving a grant for ultra-low sulfur diesel fuel school buses, the grant recipient shall 

be required to provide documentation to the satisfaction of the Administrator 

that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant, and a commitment by the applicant to use such fuel in carrying out the purposes of the grant. 

(5) TIMING.—All alternative fuel school buses, ultra-low sulfur diesel fuel 

school buses, or alternative fuel infrastructure acquired under a grant awarded 

under this section shall be purchased and placed in service as soon as practicable. 

(g) BUSES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), funding under a grant 

made under this section for the acquisition of new alternative fuel school buses 

or ultra-low sulfur diesel fuel school buses shall only be used to acquire school 

buses— 

(A) with a gross vehicle weight of greater than 14,000 pounds; 

(B) that are powered by a heavy duty engine; 

(C) in the case of alternative fuel school buses manufactured in model 

years 2005 and 2006, that emit not more than 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 

grams per brake horsepower-hour of particulate matter; and 

(D) in the case of ultra-low sulfur diesel fuel school buses manufactured 

in model years 2005 and 2006, that emit not more than 2.5 grams per 

brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen 

and .01 grams per brake horsepower-hour of particulate matter. 

(2) LIMITATIONS.—A bus shall not be acquired under this section that emits 

nonmethane hydrocarbons, oxides of nitrogen, or particulate matter at a rate 

greater than the best performing technology of the same class of ultra-low sulfur diesel fuel school buses commercially available at the time the grant is 

made. 

(h) DEPLOYMENT AND DISTRIBUTION.—The Administrator shall— 

(1) seek, to the maximum extent practicable, to achieve nationwide deployment of alternative fuel school buses and ultra-low sulfur diesel fuel school 

buses through the program under this section; and 

(2) ensure a broad geographic distribution of grant awards, with a goal of no 

State receiving more than 10 percent of the grant funding made available under 

this section for a fiscal year. 

(i) ALLOCATION OF FUNDS.— 

(1) IN GENERAL.—Subject to paragraph (2), of the amount of grant funding 

made available to carry out this section for any fiscal year, the Administrator 

shall use— 

(A) 70 percent for the acquisition of alternative fuel school buses or supporting infrastructure; and 

(B) 30 percent for the acquisition of ultra-low sulfur diesel fuel school 

buses. 

(2) INSUFFICIENT NUMBER OF QUALIFIED GRANT APPLICATIONS.—After the first 

fiscal year in which this program is in effect, if the Administrator does not receive a sufficient number of qualified grant applications to meet the requirements of subparagraph (A) or (B) of paragraph (1) for a fiscal year, effective beginning on August 1 of the fiscal year, the Administrator shall make the remaining funds available to other qualified grant applicants under this section. 

(j) REDUCTION OF SCHOOL BUS IDLING.—Each local educational agency (as defined 

in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)) that receives Federal funds under the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.) is encouraged to develop a policy, consistent 

with the health, safety, and welfare of students and the proper operation and maintenance of school buses, to reduce the incidence of unnecessary school bus idling at 

schools when picking up and unloading students. 

(k) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than January 31 of each year, the Administrator 

shall transmit to Congress a report evaluating implementation of the programs 

under this section and section 813. 

(2) COMPONENTS.—The reports shall include a description of— 

(A) the total number of grant applications received; 

50 

(B) the number and types of alternative fuel school buses, ultra-low sulfur 

diesel fuel school buses, and retrofitted buses requested in grant applications; 

(C) grants awarded and the criteria used to select the grant recipients; 

(D) certified engine emission levels of all buses purchased or retrofitted 

under the programs under this section and section 813; 

(E) an evaluation of the in-use emission level of buses purchased or retrofitted under the programs under this section and section 813; and 

(F) any other information the Administrator considers appropriate. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Administrator to carry out this section— (1) $45,000,000 for fiscal year 2006; and 

(2) $65,000,000 for fiscal year 2007. 

SEC. 813. DIESEL RETROFIT PROGRAM. 

(a) ESTABLISHMENT.—The Administrator, in consultation with the Secretary, shall 

establish a program for awarding grants on a competitive basis to entities for the 

installation of retrofit technologies for diesel school buses. 

(b) ELIGIBLE RECIPIENTS.—A grant shall be awarded under this section only— 

(1) to a local or State governmental entity responsible for providing school bus 

service to 1 or more public school systems; 

(2) to 1 or more contracting entities that provide school bus service to 1 or 

more public school systems, if the grant application is submitted jointly with 

the 1 or more school systems that the buses will serve, except that the application may provide that buses purchased using funds awarded shall be owned, operated, and maintained exclusively by the 1 or more contracting entities; or 

(3) to a nonprofit school transportation association representing private contracting entities, if the association has notified and received approval from the 

1 or more school systems to be served by the buses. 

(c) AWARDS.— (1) IN GENERAL.—The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section. 

(2) PREFERENCES.—In making awards of grants under this section, the Administrator shall give preference to proposals that— 

(A) will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, or particulate matter per proposal or per 

bus; or 

(B) involve the use of emissions control retrofit technology on diesel 

school buses that operate solely on ultra-low sulfur diesel fuel. 

(d) CONDITIONS OF GRANT.—A grant shall be provided under this section on the 

conditions that— 

(1) buses on which retrofit emissions-control technology are to be demonstrated— 

(A) will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation; 

(B) were manufactured in model year 1991 or later; and 

(C) will be used for the transportation of school children to and from 

school for a minimum of 5 years; 

(2) grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and 

(3) grant recipients will provide at least 15 percent of the total cost of the 

retrofit, including the purchase of emission control retrofit technology and all 

necessary labor for installation of the retrofit. 

(e) VERIFICATION.—Not later than 90 days after the date of enactment of this Act, 

the Administrator shall publish in the Federal Register procedures to verify— 

(1) the retrofit emissions-control technology to be demonstrated; 

(2) that buses powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur; and 

(3) that grants are administered in accordance with this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Administrator to carry out this section— 

(1) $20,000,000 for fiscal year 2006; and 

(2) $35,000,000 for fiscal year 2007. 

SEC. 814. FUEL CELL SCHOOL BUSES. 

(a) ESTABLISHMENT.—The Secretary shall establish a program for entering into cooperative agreements— 

(1) with private sector fuel cell bus developers for the development of fuel cellpowered school buses; and 

51 

(2) subsequently, with not less than 2 units of local government using natural 

gas-powered school buses and such private sector fuel cell bus developers to 

demonstrate the use of fuel cell-powered school buses. 

(b) COST SHARING.—The non-Federal contribution for activities funded under this 

section shall be not less than— 

(1) 20 percent for fuel infrastructure development activities; and 

(2) 50 percent for demonstration activities and for development activities not 

described in paragraph (1). 

(c) REPORTS TO CONGRESS.—Not later than 3 years after the date of enactment 

of this Act, the Secretary shall transmit to Congress a report that— 

(1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and 

(2) assesses the results of the development and demonstration program under 

this section. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Secretary to carry out this section $25,000,000 for the period of fiscal years 

2006 through 2008. 

Subtitle C—Fuel Cell Transit Bus Demonstration 

SEC. 821. FUEL CELL TRANSIT BUS DEMONSTRATION. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation, shall establish a transit bus demonstration program to make competitive, 

merit-based awards for 5-year projects to demonstrate not more than 25 fuel cell 

transit buses (and necessary infrastructure) in 5 geographically dispersed localities. 

(b) PREFERENCE.—In selecting projects under this section, the Secretary shall give 

preference to projects that are most likely to mitigate congestion and improve air 

quality. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Secretary to carry out this section $10,000,000 for each of fiscal years 2006 

through 2010. 

TITLE IX—CLEAN COAL POWER INITIATIVE 

SEC. 901. AUTHORIZATION OF APPROPRIATIONS. 

(a) CLEAN COAL POWER INITIATIVE.—There are authorized to be appropriated to 

the Secretary to carry out the activities authorized by this title $200,000,000 for 

each of fiscal years 2006 through 2012, to remain available until expended. 

(b) REPORT.—The Secretary shall transmit to Congress the report required by this 

subsection not later than March 31, 2006. The report shall include, with respect to 

subsection (a), a 10-year plan containing— 

(1) a detailed assessment of whether the aggregate funding levels provided 

under subsection (a) are the appropriate funding levels for that program; 

(2) a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken; 

(3) a detailed list of technical milestones for each coal and related technology 

that will be pursued; and 

(4) a detailed description of how the program will avoid problems enumerated 

in General Accounting Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed 

either financially or scientifically. 

SEC. 902. PROJECT CRITERIA. 

(a) IN GENERAL.—The Secretary shall not provide funding under this title for any 

project that does not advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or 

have been demonstrated on a scale that the Secretary determines is sufficient to 

demonstrate that commercial service is viable as of the date of enactment of this 

Act. 

(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.— 

(1) GASIFICATION PROJECTS.— 

(A) IN GENERAL.—In allocating the funds made available under section 

901(a), the Secretary shall ensure that at least 60 percent of the funds are 

used only for projects on coal-based gasification technologies, including gasification combined cycle, gasification fuel cells, gasification coproduction, 

and hybrid gasification/combustion. 

52 

(B) TECHNICAL MILESTONES.—The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that 

coal gasification projects under this title shall be designed, and reasonably 

expected, to achieve. The technical milestones shall become more restrictive 

during the life of the program. The Secretary shall set the periodic milestones so as to achieve by 2020 coal gasification projects able— 

(i) to remove 99 percent of sulfur dioxide; 

(ii) to emit not more than .05 lbs of NOX per million Btu; 

(iii) to achieve substantial reductions in mercury emissions; and 

(iv) to achieve a thermal efficiency of— 

(I) 60 percent for coal of more than 9,000 Btu; 

(II) 59 percent for coal of 7,000 to 9,000 Btu; and 

(III) 50 percent for coal of less than 7,000 Btu. 

(2) OTHER PROJECTS.—The Secretary shall periodically set technical milestones and ensure that up to 40 percent of the funds appropriated pursuant to 

section 901(a) are used for projects not described in paragraph (1). The milestones shall specify the emission and thermal efficiency levels that projects 

funded under this paragraph shall be designed to and reasonably expected to 

achieve. The technical milestones shall become more restrictive during the life 

of the program. The Secretary shall set the periodic milestones so as to achieve 

by 2010 projects able— 

(A) to remove 97 percent of sulfur dioxide; 

(B) to emit no more than .08 lbs of NOX per million Btu; 

(C) to achieve substantial reductions in mercury emissions; and 

(D) to achieve a thermal efficiency of— 

(i) 45 percent for coal of more than 9,000 Btu; 

(ii) 44 percent for coal of 7,000 to 9,000 Btu; and 

(iii) 40 percent for coal of less than 7,000 Btu. 

(3) CONSULTATION.—Before setting the technical milestones under paragraphs 

(1)(B) and (2), the Secretary shall consult with the Administrator of the Environmental Protection Agency and interested entities, including coal producers, 

industries using coal, organizations to promote coal or advanced coal technologies, environmental organizations, and organizations representing workers. 

(4) EXISTING UNITS.—In the case of projects at units in existence on the date 

of enactment of this Act, in lieu of the thermal efficiency requirements set forth 

in paragraph (1)(B)(iv) and (2)(D), the milestones shall be designed to achieve 

an overall thermal design efficiency improvement, compared to the efficiency of 

the unit as operated, of not less than— 

(A) 7 percent for coal of more than 9,000 Btu; 

(B) 6 percent for coal of 7,000 to 9,000 Btu; or 

(C) 4 percent for coal of less than 7,000 Btu. 

(5) PERMITTED USES.—In carrying out this title, the Secretary may fund 

projects that include, as part of the project, the separation and capture of carbon dioxide. 

(c) FINANCIAL CRITERIA.—The Secretary shall not provide a funding award under 

this title unless the recipient documents to the satisfaction of the Secretary that— 

(1) the award recipient is financially viable without the receipt of additional 

Federal funding; 

(2) the recipient will provide sufficient information to the Secretary to enable 

the Secretary to ensure that the award funds are spent efficiently and effectively; and 

(3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the 

technology. 

(d) FINANCIAL ASSISTANCE.—The Secretary shall provide financial assistance to 

projects that meet the requirements of subsections (a), (b), and (c) and are likely 

to— 

(1) achieve overall cost reductions in the utilization of coal to generate useful 

forms of energy; 

(2) improve the competitiveness of coal among various forms of energy in 

order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and 

(3) demonstrate methods and equipment that are applicable to 25 percent of 

the electricity generating facilities, using various types of coal, that use coal as 

the primary feedstock as of the date of enactment of this Act. 

(e) FEDERAL SHARE.—The Federal share of the cost of a coal or related technology 

project funded by the Secretary under this title shall not exceed 50 percent. 

(f) APPLICABILITY.—No technology, or level of emission reduction, shall be treated 

as adequately demonstrated for purposes of section 111 of the Clean Air Act (42 

53 

U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), 

or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) 

solely by reason of the use of such technology, or the achievement of such emission 

reduction, by 1 or more facilities receiving assistance under this title. 

SEC. 903. REPORT. 

Not later than 1 year after the date of enactment of this Act, and once every 2 

years thereafter through 2012, the Secretary, in consultation with other appropriate 

Federal agencies, shall transmit to Congress a report describing— 

(1) the technical milestones set forth in section 902 and how those milestones 

ensure progress toward meeting the requirements of subsections (b)(1)(B) and 

(b)(2) of section 902; and 

(2) the status of projects funded under this title. 

SEC. 904. CLEAN COAL CENTERS OF EXCELLENCE. 

As part of the program authorized in section 901, the Secretary shall award competitive, merit-based grants to universities for the establishment of Centers of Excellence for Energy Systems of the Future. The Secretary shall provide grants to 

universities that show the greatest potential for advancing new clean coal technologies. 

TITLE X—IMPROVED COORDINATION AND 

MANAGEMENT OF CIVILIAN SCIENCE AND 

TECHNOLOGY PROGRAMS 

SEC. 1001. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND TECHNOLOGY PROGRAMS. 

(a) RECONFIGURATION OF POSITION OF DIRECTOR OF THE OFFICE OF SCIENCE.—Section 209 of the Department of Energy Organization Act (42 U.S.C. 7139) is amended 

to read as follows: 

‘‘OFFICE OF SCIENCE

‘‘SEC. 209. (a) There shall be within the Department an Office of Science, to be 

headed by an Assistant Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 

5315 of title 5, United States Code. 

‘‘(b) The Assistant Secretary of Science shall be in addition to the Assistant Secretaries provided for under section 203 of this Act. 

‘‘(c) It shall be the duty and responsibility of the Assistant Secretary of Science 

to carry out the fundamental science and engineering research functions of the Department, including the responsibility for policy and management of such research, 

as well as other functions vested in the Secretary which he may assign to the Assistant Secretary.’’. 

(b) ADDITIONAL ASSISTANT SECRETARY POSITION TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR ENERGY ISSUES.—(1) Section 203(a) of the Department of Energy 

Organization Act (42 U.S.C. 7133(a)) is amended by striking ‘‘There shall be in the 

Department six Assistant Secretaries’’ and inserting ‘‘Except as provided in section 

209, there shall be in the Department seven Assistant Secretaries’’. 

(2) It is the sense of the Congress that the leadership for departmental missions 

in nuclear energy should be at the Assistant Secretary level. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section 5315 of title 5, United 

States Code, is amended by— 

(A) striking ‘‘Director, Office of Science, Department of Energy.’’; and 

(B) striking ‘‘Assistant Secretaries of Energy (6)’’ and inserting ‘‘Assistant Secretaries of Energy (8)’’. 

(2) The table of contents for the Department of Energy Organization Act (42 

U.S.C. 7101 note) is amended— 

(A) by striking ‘‘Section 209’’ and inserting ‘‘Sec. 209’’; 

(B) by striking ‘‘213.’’ and inserting ‘‘Sec. 213.’’; 

(C) by striking ‘‘214.’’ and inserting ‘‘Sec. 214.’’; 

(D) by striking ‘‘215.’’ and inserting ‘‘Sec. 215.’’; and 

(E) by striking ‘‘216.’’ and inserting ‘‘Sec. 216.’’. 

54 

II. PURPOSE OF THE BILL

The purpose of H.R. 610, the Energy Research, Development, 

Demonstration, and Commercial Application Act of 2005, is to authorize the scientific and energy research, development, and demonstration (RD&D), and commercial application programs, projects, 

and activities of the Department of Energy (Department or DOE). 

III. BACKGROUND AND NEED FOR LEGISLATION

Affordable energy is essential to the Nation’s continued prosperity. Volatile world oil markets, along with soaring natural gas 

and electricity prices, have replaced the relatively low energy prices 

enjoyed over most of the two decades before the turn of the century. World events in recent years have illustrated once again the 

important connections between energy policy and national security 

policy. In addition, there are increasing concerns about the environmental impact of energy use. Consequently, energy is once again 

on the front burner of the Nation’s agenda. 

The Committee on Science has a significant role in the legislative 

implementation of energy policy. Under rule X, clause 1(o)(1) of the 

Rules of the House, the Committee on Science has jurisdiction over 

‘‘all bills, resolutions, and other matters relating to . . . [all] energy research, development, and demonstrations, and projects 

therefor, . . .’’ Similarly, the Committee has jurisdiction over environmental research and development (R&D) under rule X, clause 

1(o)(4); over the commercial application of energy technology under 

rule X, clause 1(o)(6); and over scientific RD&D under rule X, 

clause 1(o)(14). 

H.R. 610 focuses on DOE’s support of major energy RD&D and 

commercial application activities, including those related to solar 

and renewable energy, energy efficiency, fossil energy, and nuclear 

and fusion energy. DOE also is a major funding source for basic research in the physical sciences. 

DOE’s general authority lies in several statutes, including the 

Atomic Energy Act of 1954 (P.L. 83–703), the Energy Reorganization Act of 1974 (P.L. 93–438), the Federal Nonnuclear Energy Research and Development Act of 1974 (P.L. 93–577), and the Department of Energy Organization Act (P.L. 95–91), which established 

DOE in the Executive Branch on October 1, 1977 as a cabinet-level 

agency. Beyond this general authority, statutes such as the Energy 

Policy Act of 1992 (P.L. 102–486) authorize numerous specific 

RD&D and commercial application activities. However, with three 

exceptions—methane hydrate R&D and Renewable Indian Energy 

Resources, and a portion of high performance computing programs—none of the Department’s existing civilian programs has 

specific fiscal authorizations for fiscal year 2006 and beyond. As a 

consequence, there is a need for a comprehensive authorization bill 

to provide guidance and direction to the Department that will preserve and strengthen the Nation’s energy future and science base. 

Energy legislation has been debated in the last two Congresses, 

and H.R. 610 includes many of the provisions related to DOE’s 

science and technology programs from the conference report for 

H.R. 6, the Energy Policy Act of 2003 passed by the House in the 

108th Congress. The science and technology provisions related to 

DOE in H.R. 6, in turn, were based in part on negotiated agreeVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
55 

ments reached in conference on H.R. 4, the Securing America’s Future Energy Act of 2001. These negotiations were conducted by the 

Committee on Science of the House of Representatives and the 

Committee on Energy and Natural Resources of the Senate, with 

the participation of the Committee on Energy and Commerce of the 

House of Representatives, which managed the bill. 

H.R. 4 was omnibus energy legislation intended ‘‘[t]o enhance energy conservation, research and development and to provide for security and diversity in the energy supply for the American people, 

and for other purposes.’’ The Science Committee developed the legislative provisions in Division B, relating to energy RD&D. It also 

developed the provisions in Division E, relating to clean coal technology, in conjunction with the Committee on Energy and Commerce. Division B was taken from the text of H.R. 2460, the Comprehensive Energy Research and Technology Act of 2001, introduced by Science Committee Chairman Sherwood Boehlert (NY–23) 

on July 11, 2001. H.R. 2460 was based on information gathered at 

a series of hearings by the Committee on Science and on the recommendations of the Administration’s National Energy Policy Development Group, published in May, 2001. The bill was referred 

solely to the Committee on Science, which marked up the bill on 

July 18, 2001 and reported the bill to the full House on July 31, 

2001 (H. Rept. 107–177). Division E, relating to Federal clean coal 

technology program authorizations, also originated as the text of 

H.R. 2460, with changes negotiated with the Committee on Energy 

and Commerce. 

H.R. 4 was introduced in the House on July 27, 2001. It was referred to the Committee on Energy and Commerce and, in addition, 

to the Committees on Science, Ways and Means, Resources, Education and the Workforce, Transportation and Infrastructure, the 

Budget, and Financial Services. The Science Committee discharged 

the bill on July 31, 2001, on which date the Committee on Rules 

filed H. Rept. 107–178 on H. Res. 216, providing for consideration 

of H.R. 4. 

On August 2, 2001, the House passed H.R. 4, as amended, by the 

Yeas and Nays: 240–189 (Rollcall No. 320). 

On April 25, 2002, the Senate passed H.R. 4, by the Yeas and 

Nays: 88–11 (Rollcall No. 94) after striking all after the enacting 

clause and inserting the text of S. 517, the Senate companion 

measure, as amended. The Senate Amendment contained several 

titles and provisions falling within the jurisdiction of the Committee on Science, including provisions related to energy research, 

development, demonstration and commercial application of energy 

technology (Sections 513–516, 770–772, 807–809, 814–816, 824, 

832, Titles XII, Title XIV, Sections 1502, 1504–1505, Title XVI and 

Sections 1801–1805), indemnification of nuclear energy programs 

(Sections 501–507, and 509), and global climate change policy and 

climate science and technology (Sections 1001–1022 and Titles XI 

and XIII). 

On May 1, 2002, the Senate Majority Leader appointed Mr. 

Bingaman, Mr. Hollings, Mr. Baucus, Mr. Kerry, Mr. Rockefeller, 

Mr. Breaux, Mr. Reid (NV), Mr. Jeffords, Mr. Lieberman, Mr. Murkowski, Mr. Domenici, Mr. Grassley, Mr. Nickles, Mr. Lott, Mr. 

Craig, Mr. Campbell and Mr. Thomas to the Committee on Conference on H.R. 4. 

56 

The House disagreed with the Senate amendment to H.R. 4 and 

agreed to a conference, ultimately naming 48 conferees from the 

House. From the Committee on Science, the Speaker appointed Mr. 

Boehlert, Mr. Bartlett (MD), and Mr. Hall (TX), provided that Mr. 

Costello be appointed in lieu of Mr. Hall for consideration of Division E and Ms. Woolsey be appointed in lieu of Mr. Hall for consideration of Sections 2001–2178 and 2201–2261 of Division B of the 

House bill and modifications committed to conference. 

The Conferees met on June 27, July 25, September 12, 19, 25 

and 26, and October 2 and 3, of 2002 and reached agreement on 

a number of key provisions in the Conference, including provisions 

related to Clean Coal RD&D. In addition, in discussions on the remainder of the bill’s provisions relating to energy RD&D and the 

commercial application of energy technology, conferees reached consensus on the overwhelming majority of issues, with the House and 

Senate exchanging offers that were identical on all but a few 

issues. However, the Conferees were unable to resolve differences 

on the remainder of the bill and the legislation died with the adjournment of the 107th Congress. 

H.R. 238, as introduced in the 108th Congress, reflected the final 

House position on energy science and technology issues in the 

unconcluded conference on H.R. 4. As such, H.R. 238 represented, 

in many instances, compromise positions negotiated between the 

House and Senate aimed at developing a balanced energy RD&D 

program. 

H.R. 6 was omnibus energy legislation developed in the 108th 

Congress intended ‘‘[t]o enhance energy conservation, research and 

development and to provide for security and diversity in the energy 

supply for the American people, and for other purposes.’’ The 

Science Committee developed the legislative provisions in Title IX 

relating to energy RD&D. It also developed, in conjunction with the 

Committee on Energy and Commerce, the provisions in Title IV, 

Subtitle A, relating to clean coal technology, parts of Title VII relating to advanced vehicles and clean school buses, Title VIII relating to hydrogen RD&D, Title X relating to DOE management, and 

parts of Title XII, Subtitle B related to electricity transmission and 

distribution RD&D. 

Title IX was taken from the text of H.R. 238, the Energy Research, Development, Demonstration, and Commercial Application 

Act of 2003, introduced by Science Committee Chairman Sherwood 

Boehlert (NY–24) on January 8, 2003. The bill was referred to the 

Committee on Science (as well as the Committee on Resources), 

and subsequently on February 20, 2003 to the Subcommittee on 

Energy, which discharged the bill on March 20, 2003. The full 

Science Committee marked up the bill on April 2, 2003 and ordered 

the bill, as amended, reported to the full House. On May 22, 2003, 

the Science Committee filed the report on the bill (H. Rept. 108– 

128, Part I), and the Committee on Resources was granted an extension for further consideration ending not later than June 27, 

2003. On June 27, 2003, the Committee on Resources discharged 

the bill. 

H.R. 6 was introduced in the House on April 7, 2003. It was referred to the Committee on Energy and Commerce and, in addition, 

to the Committees on Science, Ways and Means, Resources, Education and the Workforce, Transportation and Infrastructure, AgriVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
57 

culture, Judiciary and Financial Services. On April 10, 2003, the 

Committee on Rules filed H. Rept. 108–69 on H. Res. 189, providing for consideration of H.R. 6. 

On April 11, 2003, the House passed H.R. 6, as amended, by the 

Yeas and Nays: 247–175 (Rollcall No. 145). 

On July 31, 2003, the Senate passed H.R. 6, by the Yeas and 

Nays: 84–14 (Rollcall No. 317) after striking all after the enacting 

clause and inserting the text of the Senate amendment to H.R. 4 

from the 107th Congress. The Senate Amendment contained several titles and provisions falling within the jurisdiction of the Committee on Science, including provisions related to energy research, 

development, demonstration and commercial application of energy 

technology (Sections 513–516, 770–772, 807–809, 814–816, 824, 

832, Titles XII, Title XIV, Sections 1502, 1504–1505, Title XVI and 

Sections 1801–1805), indemnification of nuclear energy programs 

(Sections 501–507, and 509), and global climate change policy and 

climate science and technology (Sections 1001–1022 and Titles XI 

and XIII). 

On September 4, 2003, the Senate Majority Leader appointed 

Mr. Domenici; Mr. Nickles; Mr. Craig; Mr. Campbell; Mr. Thomas; 

Mr. Grassley; Mr. Lott; Mr. Bingaman; Mr. Dorgan; Mr. Graham 

(FL); Mr. Wyden; Mr. Johnson; and Mr. Baucus to the Committee 

on Conference on H.R. 6. 

The House disagreed with the Senate amendment to H.R. 6 and 

agreed to a conference, ultimately naming 45 conferees from the 

House. From the Committee on Science, the Speaker appointed Mr. 

Boehlert, Mrs. Biggert, and Mr. Hall (TX), provided that Mr. 

Costello be appointed in lieu of Mr. Hall for consideration of Division E and Mr. Lampson be appointed in lieu of Mr. Hall for consideration of Sections 21708 and Division F of the House bill, and 

Sections 824 and 1223 of the Senate amendment and modifications 

committed to conference. 

The Conferees first met on September 5, 2003 and on November 

18, 2003 reported in the House (H. Rept. 108–375). The report was 

brought up for consideration under the provisions of H. Res. 443, 

and agreed to by the Yeas and Nays 246–180 (Rollcall No. 630). 

However, the Senate was unable to invoke cloture to bring the conference report up for a vote, and the legislation died with the adjournment of the 108th Congress. 

As introduced, H.R. 610 incorporates many of the provisions of 

H.R. 6, with the provisions of shared jurisdiction with the Energy 

and Commerce changed only to update the dates in the authorizations. 

IV. SUMMARY OF HEARINGS

During the 107th Congress, the Full Committee on Science held 

four hearings, and the Subcommittee on Energy held nine hearings 

relevant to H.R. 610. Those hearings are described in the Summary 

of Activities, Committee on Science, U.S. House of Representatives 

for the 107th Congress (H. Rept. 107–809). 

During the 108th Congress, the Full Committee on Science held 

10 hearings relevant to H.R. 610: 

1. February 13, 2003 hearing on ‘‘An Overview of the Federal 

R&D Budget for Fiscal Year 2004.’’ Appearing as witnesses 

were (1) Dr. John H. Marburger III, Director, Office of Science 

58 

and Technology Policy (OSTP); (2) Dr. Samuel W. Bodman, 

Deputy Secretary, Department of Commerce; (3) Dr. Rita R. 

Colwell, Director, National Science Foundation (NSF); and (4) 

Mr. Robert Card, Under Secretary of Energy for Energy, 

Science and Environment, DOE. 

2. March 5, 2003 hearing on ‘‘The Path to a Hydrogen Economy.’’ Appearing as witnesses were (1) Mr. David Garman, Assistant Secretary for Energy Efficiency and Renewable Energy, 

DOE; (2) Dr. Alan C. Lloyd, Chairman, California Fuel Cell 

Partnership; (3) Dr. Joan Ogden, Research Scientist, Princeton 

Environmental Institute; (4) Dr. Larry Burns, Vice President, 

Research, Development and Planning, General Motors; and (5) 

Mr. Don Huberts, Chief Executive Officer, Shell Hydrogen. 

3. March 19, 2003 hearing on ‘‘H.R. 766, The Nanotechnology 

Research and Development Act of 2003.’’ Appearing as witnesses were (1) Senator George Allen (R–VA); (2) Senator Ron 

Wyden (D–OR); (3) Mr. Richard M. Russell, Associate Director 

for Technology, OSTP; (4) Dr. Thomas N. Theis, Director of 

Physical Sciences, IBM Research Division, Thomas J. Watson 

Research Center in Yorktown, New York; (5) Dr. James Roberto, the Associate Laboratory Director for Physical Sciences, 

Oak Ridge National Laboratory; (6) Dr. Carl A. Batt, Co-Director, Nanobiotechnology Center, Cornell University; and (7) Mr. 

Alan Marty, executive-in-residence, JP Morgan. 

4. April 9, 2003 hearing on ‘‘The Societal Implications of 

Nanotechnology.’’ Appearing as witnesses were (1) Mr. Raymond Kurzweil, Chairman and CEO, Kurzweil Technologies, 

Inc.; (2) Dr. Vicki L. Colvin, Executive Director, Center for Biological and Environmental Nanotechnology; Associate Professor 

of Chemistry, Rice University; (3) Dr. Langdon Winner, Professor of Political Science, Department of Science and Technology Studies, Rensselaer Polytechnic Institute; and (4) Ms. 

Christine Peterson, President, Foresight Institute. 

5. July 16, 2003 hearing on ‘‘Supercomputing: Is the U.S. on 

the Right Path?’’ Appearing as witnesses were (1) Dr. Raymond 

L. Orbach, Director, Office of Science, DOE; (2) Dr. Peter A. 

Freeman, Assistant Director, Computer and Information 

Science Directorate, NSF; (3) Dr. Daniel A. Reed, Director, National Center for Supercomputing Applications, University of 

Illinois at Urbana-Champaign; and (4) Mr. Vincent F. 

Scarafino, Manager, Numerically Intensive Computing, Ford 

Motor Company. 

6. December 5, 2003 hearing on ‘‘Nanotechnology Research 

and Development: The Biggest Little Thing in Texas.’’ Appearing as witnesses were (1) Dr. Rick Reidy, Research Professor, 

University of North Texas; (2) Dr. Da Hsuan Feng, Vice President for Research and Graduate Education, University of 

Texas, Dallas; (3) Dr. Ron Elsenbaumer, Vice President for Research, University of Texas, Arlington; (4) Mr. Chris Gintz, 

CEO, NanoHoldings LLC; and (5) Dr. John Randall, Chief 

Technology Officer, Vice President of Research, Zyvex Corporation. 

7. February 11, 2004 hearing on ‘‘An Overview of the Federal 

R&D Budget for Fiscal Year 2005.’’ Appearing as witnesses 

were (1) Dr. John H. Marburger III, Director, OSTP; (2) Dr. 

59 

Rita R. Colwell, Director, NSF; (3) Dr. Charles E. McQueary, 

Under Secretary for Science and Technology, Department of 

Homeland Security; (4) Mr. Philip J. Bond, Under Secretary of 

Commerce for Technology; and (5) Dr. Raymond L. Orbach, Director, Office of Science, DOE 

8. March 3, 2004 hearing on ‘‘Reviewing the Hydrogen Fuel 

and FreedomCAR Initiatives.’’ Appearing as witnesses were (1) 

Mr. David Garman Assistant Secretary for Energy Efficiency 

and Renewable Energy, DOE; (2) Dr. Michael Ramage, Chair 

of the National Academy of Sciences Committee on Alternatives and Strategies for Future Hydrogen Production and 

Use; and (3) Dr. Peter Eisenberger, Chair of the American 

Physical Society’s Panel on Public Affairs Energy Subcommittee. 

9. March 17, 2004 hearing on ‘‘Green Chemistry Research 

and Development Act of 2004.’’ Appearing as witnesses were 

(1) Dr. Arden Bement, Acting Director, NSF; (2) Dr. Paul Gilman, Assistant Administrator for Research and Development, 

Environmental Protection Agency; (3) Dr. Berkeley Cue, Vice 

President of Pharmaceutical Sciences, Pfizer Global Research 

and Development; (4) Mr. Steven Bradfield, Vice President of 

Environmental Development, Shaw Industries, Inc.; and (5) Dr. 

Edward Woodhouse, Associate Professor of Political Science 

and Technology Studies, Rensselaer Polytechnic Institute. 

10. May 13, 2004 hearing on ‘‘H.R. 4218, High-Performance 

Computing Revitalization Act of 2004.’’ Appearing as witnesses 

were (1) Dr. John H. Marburger III, Director, OSTP; (2) Dr. Irving Wladawsky-Berger, Vice President for Technology and 

Strategy, IBM Corporation; (3) Dr. Rick Stevens, Director, 

Mathematics and Computer Science Division, Argonne National Laboratory; and (4) Dr. Daniel A. Reed, William R 

Kenan, Jr. Eminent Professor, University of North Carolina at 

Chapel Hill. 

During the 108th Congress, the Subcommittee on Energy held 9 

hearings relevant to H.R. 610: 

1. June 10, 2003 hearing on ‘‘The Future of University Nuclear Science and Engineering Programs.’’ Appearing as witness were (1) Dr. Gail H. Marcus, Principal Deputy Director, 

Office of Nuclear Energy, Science and Technology, DOE; (2) Dr. 

Daniel M. Kammen, Director of the Renewable and Appropriate Energy Laboratory at the University of California, 

Berkeley; (3) Ms. Angelina Howard, Executive Vice President 

of Policy, Planning and External Affairs, Nuclear Energy Institute; (4) Dr. James F. Stubbins, Head of the Nuclear, Plasma, 

and Radiological Engineering Department at the University of 

Illinois at Urbana-Champaign, Illinois; and (5) Dr. David M. 

‘‘Mike’’ Slaughter, Chair of the Nuclear Engineering Program 

and Director of the Center for Excellence in Nuclear Technology, Engineering, and Research, University of Utah. 

2. July 10, 2003 hearing on ‘‘Competition for Department of 

Energy Laboratory Contracts: What is the Impact on Science?’’ 

Appearing as witnesses were (1) Mr. Robert Card, Undersecretary for Energy, Science and Environment, DOE; (2) Ms. Robin 

Nazzaro, Director of Natural Resources and Environment at 

the General Accounting Office; (3) Dr. Paul Fleury, Dean of 

60 

Engineering and Frederick William Beinecke Professor of Engineering and Applied Physics at Yale University; and (4) Dr. 

John McTague, Professor of Materials at the University of 

California, Santa Barbara. 

3. September 25, 2003 hearing on ‘‘Keeping the Lights On: 

Removing Barriers to Technology to Prevent Blackouts.’’ Appearing as witnesses were (1) Mr. James W. Glotfelty, Director 

of the Office of Electric Transmission and Distribution, DOE; 

(2) Mr. T.J. Glauthier, President and Chief Executive Officer of 

the Electricity Innovation Institute, Electric Power Research 

Institute (EPRI); (3) Mr. Thomas R. Casten, Chairman and 

CEO of Private Power LLC; and (4) Dr. Vernon L. Smith, 

Nobel Laureate, Professor of Economics and Law and the Director of the Interdisciplinary Center for Economic Science at 

George Mason University. 

4. November 6, 2003 hearing on ‘‘What Are the Administration Priorities for Climate Change Technology?’’ Appearing as 

witnesses were (1) Mr. David Conover, Director of the interagency Climate Change Technology Program (CCTP), DOE; (2) 

Mr. George Rudins, Deputy Assistant Secretary for Coal and 

Power Systems, DOE; (3) Dr. Sally Benson, Deputy Director for 

Operations, Lawrence Berkeley National Laboratory (LBNL); 

and (4) Dr. Marilyn Brown, Director of Energy Efficiency and 

Renewable Energy at the Oak Ridge National Laboratory 

(ORNL). 

5. December 4, 2003 hearing on ‘‘Review of Non-Oil and Gas 

Research Activities in the Houston-Galveston-Gulf Coast 

Area.’’ Appearing as witnesses were (1) Mr. Todd Mitchell, 

President, Houston Advanced Research Center; (2) Dr. Richard 

Smalley, University Professor, Director of the Carbon 

Nanotechnology Lab, Rice University; (3) Dr. Mark Holtzapple, 

Professor, Department of Chemical Engineering, Texas A&M 

University; (4) Robert ‘‘Bob’’ Hennekes, Vice President, Technology Marketing, Shell Global Solutions; and (5) Dr. Franklin 

Chang-Diaz, Johnson Space Center, National Aeronautics and 

Space Administration (NASA). 

6. March 24, 2004 hearing on ‘‘Priorities in the Department 

of Energy Budget for Fiscal Year 2005.’’ Appearing as witnesses were (1) Dr. James Decker, Principal Deputy Director 

of the Office of Science, DOE; (2) Mr. David Garman, Assistant 

Secretary for Energy Efficiency and Renewable Energy, DOE; 

(3) Mr. Mark R. Maddox, acting Assistant Secretary for Fossil 

Energy, DOE; (4) Mr. William D. Magwood, IV, Director of the 

Office of Nuclear Energy, Science and Technology, DOE; and 

(5) Mr. James W. Glotfelty, Director of Office of Electric Transmission and Distribution, DOE. 

7. May 19, 2004 hearing on ‘‘The Impact of Federal Energy 

Efficiency and Renewable Energy R&D Programs.’’ Appearing 

as witnesses were (1) Mr. Steven Nadel, Executive Director of 

the American Council for an Energy-Efficient Economy 

(ACEEE); (2) Mr. Paul Konove, President of Carolina Country 

Builders of Chatham County Inc.; (3) Ms. Vivian Loftness, 

Head of the School of Architecture at Carnegie-Mellon University; (4) Mr. John B. Carberry, Director of Environmental Technology for the DuPont Company in Wilmington, Delaware; (5) 

61 

Mr. Peter Smith, President of the New York State Energy Research and Development Authority (NYSERDA); (6) Mr. Daniel 

L. Sosland, executive director of Environment Northeast. 

8. May 20, 2004 hearing on ‘‘An Examination of H.R. 3890, 

A Bill to Reauthorize the Metals Program at the Department 

of Energy.’’ Appearing as witnesses were (1) Mr. Douglas L. 

Faulkner, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, DOE; (2) Mr. Richard A. 

Shulkosky, Vice President for Sales, Marketing, and Product 

Development at the INTEG Process Group; (3) Ms. Lisa A. 

Roudabush, General Manager of Research for the United 

States Steel Corporation; (4) Dr. Ronald Sutherland, Consulting Economist and Adjunct Professor of Law at the George 

Mason University School of Law. 

9. June 24, 2004 hearing on ‘‘Nuclear R&D and the Idaho 

National Laboratory.’’ Appearing as witnesses were (1) Mr. 

William D. Magwood, IV, Director of the Office of Nuclear Energy, Science and Technology, DOE; (2) Dr. Alan Waltar, Director of Nuclear Energy at the Pacific Northwest National Laboratory (PNNL); (3) Dr. Robert Long, President of Nuclear 

Stewardship LLC; and (4) Dr. Andrew Klein, Chair of Nuclear 

Engineering Department at Oregon State University. 

During the 109th Congress, the Full Committee on Science has 

held two hearings relevant to H.R. 610: 

1. February 9, 2005 hearing on ‘‘Improving the Nation’s Energy Security: Can Cars and Trucks be Made More Fuel Efficient?’’ Appearing as witnesses were (1) Mr. William Reilly, 

Aqua International Partners; (2) Mr. Paul Portney, President 

of Resources for the Future; (3) Dr. David Greene, Oak Ridge 

National Laboratory, Center for Transportation Analysis, National Transportation Research Center; (4) Mr. K.G. Duleep, 

Managing Director of Transportation, Energy and Environmental Analysis, Inc.; and (5) Mr. Michael J. Stanton, Vice 

President of Government Affairs, Alliance of Automobile Manufacturers. 

2. February 16, 2005 hearing on ‘‘An Overview of the Federal 

R&D Budget for Fiscal Year 2006.’’ Appearing as witnesses 

were (1) Dr. John H. Marburger III, Director, OSTP; (2) Dr. 

Samuel W. Bodman, Secretary, DOE; (3) Dr. Arden Bement, 

Director, NSF; (4) Dr. Charles E. McQueary, Under Secretary 

for Science and Technology, Department of Homeland Security; 

and (5) Dr. Theordore W. Kassinger, Deputy Secretary of the 

Department of Commerce. 

V. COMMITTEE ACTIONS

As summarized in H. Rept. 107–809, the Full Committee on 

Science heard testimony in the 107th Congress relevant to the programs authorized in H.R. 610 at hearings held on February 28, 

May 23, and June 21, 2001, and on February 2, 2002; the Subcommittee on Energy heard testimony relevant to the programs authorized in H.R. 610 at hearings held on March 22, April 26, May 

3, May 17, May 24, June 12, and June 14, 2001, and on June 24 

and June 26, 2002. 

As summarized in Section IV of this report, the Full Committee 

heard testimony in the 108th Congress relevant to the programs 

62 

authorized in H.R. 610 at hearings held on February 13, March 5, 

March 19, April 9, July 16, and December 5, 2003, and on February 11, March 3, March 17 and May 13, 2004; the Subcommittee 

on Energy heard testimony relevant to the programs authorized in 

H.R. 610 at hearings held on June 10, July 10, September 25, November 6, and December 4, 2003, and on March 24, May 19, May 

20 and June 24, 2004. 

On February 8, 2005, Representative Judy Biggert, Chairman of 

the Energy Subcommittee of the Committee on Science, introduced 

H.R. 610, the Energy Research, Development, Demonstration, and 

Commercial Application Act of 2005, a bill to provide for Federal 

energy research, development, demonstration, and commercial application activities, and for other purposes. 

As summarized in Section IV of this report, the Full Committee 

heard testimony in the 109th Congress relevant to the programs 

authorized in H.R. 610 at hearings held on February 9, 2005 and 

February 16, 2005. 

The Committee on Science met to consider H.R. 610 on Wednesday, February 10, 2005 and considered the following amendments 

to the bill: 

Mrs. Biggert offered amendments en bloc to various portions of 

the bill. The en bloc amendments, which were accepted en bloc and 

agreed to by voice vote, comprised many technical, clarifying and 

conforming changes, as well as substantive changes to the underlying bill: 

a. Amended Section 101(a) to clarify that high energy physics and nuclear physics were distinct disciplines. 

b. Amended Section 101(a) to add a missing ‘‘and’’ to ‘‘advanced scientific and computing research.’’ 

c. Amended Section 101(b)(2) to clarify that the spending cap 

applies only to Federal funds and does not preclude those involved in developing and constructing the Rare Isotope Accelerator from seeking funding from other sources, such as State 

and local governments. 

d. Amended Section 102(d) to fix an incorrect Section reference. 

e. Amended Section 107(b) to clarify that the scholarship is 

available only to support full-time graduate students. 

f. Added a new section (Section 109—Science and Engineering Pilot Program) to establish a pilot program, run by a university consortium associated with Oak Ridge National Laboratories, to help science teachers. The program can be expanded 

nationwide, on a competitive basis, beginning in fiscal year 

2008. 

g. Redesignated subsequent section as Section 110 after insertion of previous amendment. 

h. Amended Section 109(b) (now redesignated as Section 

110(b)) to add allocations for the new Section 109, Science and 

Engineering Pilot Program, as follows: $4 million per year for 

fiscal years 2006 through 2008, and $8 million per year for fiscal years 2009 and 2010. 

i. Amended Section 204(b)(3) to replace ‘‘Secretary’’ with ‘‘Director of the Office of Science’’ to make it clear that the Science 

Advisory Committee for the Office of Science reports to the Director of the Office of Science. 

63 

j. Amended Section 204(b)(3) to give DOE more flexibility in 

composing science advisory committees. 

k. Amended Section 208 to clarify that any facility intended 

to be made available as a user facility should have a best practices implementation plan before it is allowed to function as a 

user facility (regardless of whether or not it is so designated). 

l. Amended Section 303 to delete reference to a Section that 

is stricken by a subsequent amendment. 

m. Deleted Subsection 303(b), which is replaced with Section 

307 by a subsequent amendment. 

n. Redesignated subsequent subsection numbers after deletion in previous amendment. 

o. Added a new subsection (Subsection 303(b): Standardization Report and Program) to establish a program to research 

whether building standards can be changed to improve the energy efficiency and other qualities of buildings. Under the program, the National Institute of Building Sciences (NIBS) would 

conduct research evaluating current voluntary consensus 

standards for high-performance buildings. Based on that evaluation, Department of Energy (DOE) would provide grants and 

technical assistance to standards-writing organizations that 

wanted to improve the ability of their standards to result in 

higher performing buildings. 

p. Deleted Subsection 304(c). 

q. Added a new section (Section 307—Next Generation Lighting Initiative) to establish an alliance of manufacturers to partner with the government in solid-state lighting technology 

R&D. In the program, the Secretary could select an industry 

alliance to provide direction to the research, to ensure that the 

research is useful for commercial products. The industry alliance would also get non-exclusive rights to negotiate with researchers funded under the program. 

r. Inserted a new Section 308 to replace old Section 307, with 

refined definitions. 

s. Redesignated subsequent section as Section 309 after insertion of previous amendments. 

t. Amended new Section 309 to remove reference to previously deleted Subsection 304(c). 

u. Amended new Section 309 to remove reference to previously deleted Subsection 303(b). 

v. Amended new Section 309 to include authorizations for 

the Next Generation Lighting Initiative, as follows: $20 million 

in fiscal year 2006, $30 million in fiscal year 2007, and $50 

million in fiscal years 2008 through 2010. 

w. Redesignated Section 309 as Section 310. 

x. Added a new Subsection (Subsection 322(c)—High Voltage 

Transmission Lines) to require the Secretary to award a grant 

to a university research program to design and test techniques 

for optimizing power flow through existing high voltage transmission lines. 

y. Amended Section 323 to adjust authorization levels for fiscal years 2006 and 2007. 

z. Amended Subsection 323(c) to include a $2 million authorization in fiscal year 2006 for High Voltage Transmission 

Lines. 

64 

aa. Added a new Subsection (Subsection 409(c)—Renewable 

Energy in Public Buildings) to establish a program to encourage the demonstration of renewable energy in state and local 

government buildings. 

bb. Added a new Section (Section 606. Carbon Dioxide Capture Research and Development) to authorize research and development aimed at developing carbon dioxide capture technologies that could be used on existing coal-fired power plants. 

cc. Redesignated Section 606 to Section 607 after insertion of 

previous amendment. 

dd. Amended new Section 607 to include authorizations for 

Carbon Dioxide Capture Research and Development as follows: 

$20 million for fiscal year 2006, $25 million for fiscal year 

2007, $30 million for fiscal year 2008, $35 million for fiscal 

year 2009, $40 million for fiscal year 2010. 

ee. Amended the table of contents accordingly. 

Mr. Costello and Mr. Calvert offered an amendment to the bill 

to authorize the Nuclear Regulatory Commission and Occupational 

Safety and Health Administration to regulate nuclear and worker 

safety and health at DOE’s non-military laboratories. The amendment was subsequently withdrawn. 

With a quorum present, Mr. Gordon moved that the Committee 

favorably report the bill, H.R. 610, as amended, to the House with 

the recommendation that the bill as amended do pass; that the 

staff be instructed to prepare the legislative report and make necessary technical and conforming changes; and that the Chairman 

take all necessary steps to bring the bill before the House for consideration. The motion was agreed to by voice vote. 

Mr. Boehlert moved that: (1) Members have two subsequent calendar days in which to submit supplemental, minority or additional 

views on the measure; and (2) pursuant to clause 1 of rule XXII 

of the Rules of the House of Representatives, the Chairman may 

offer such motions as may be necessary in the House to go to conference with the Senate on H.R. 610 or a similar Senate bill. 

VI. SUMMARY OF MAJOR PROVISIONS OF BILL AS AMENDED

Sections 1 and 2 of the bill contain a short title and definitions. 

Title I—Science 

This Title authorizes $23.7 billion for the Office of Science for fiscal years 2006–2010, including $1.8 billion for fusion, $1.6 billion 

for scientific computing research, and $100 million in fiscal year 

2006 for systems biology. It also authorizes and sets a schedule and 

costs for the construction and operation of the Rare Isotope Accelerator, for which the Department of Energy (DOE) is in the process 

of selecting a site; authorizes and limits U.S. participation in ITER, 

the international fusion project; authorizes basic research related 

to the President’s hydrogen initiative; establishes a scholarship for 

service program; and establishes a science and engineering pilot 

program. 

Title II—Research administration 

This title requires cost sharing (with a Secretarial waiver permitted) of 20 percent for basic and applied research projects, and 

50 percent for demonstration and commercial application projects; 

65 

requires open competition for all DOE awards, but allows (with 

Congressional notification) DOE to hold competitions only within a 

class of institutions (i.e., just National Laboratories, or just industry, or just universities); prohibits the designations of new National 

Laboratories; and requires plans for new user facilities, for existing 

DOE facilities, and for better coordinating DOE programs. 

Title III—Energy efficiency 

This title authorizes $4.0 billion for fiscal years 2006–2010 including $1.36 billion for vehicle efficiency R&D; $830 million for 

buildings energy efficiency R&D; $715 million for industrial energy 

efficiency R&D, and $200 million for a Next Generation Lighting 

Initiative. It also authorizes $1.25 billion for R&D related to distributed energy systems, electricity transmission and distribution 

systems, and energy assurance. In addition, this title authorizes a 

new program to provide grants to promote the design of energy efficient buildings; authorizes a program to make use of batteries from 

electric vehicles; and authorizes a research program for high voltage transmission lines. 

Title IV—Renewable energy 

This title authorizes $3.91 billion for fiscal years 2006–2010 including $990 million for solar energy R&D; $1.51 billion for bioenergy R&D, including $750 million for a biorefinery demonstration program; $310 million for wind energy R&D; and $150 million 

for geothermal energy R&D. It also authorizes a new $800 million 

program of grants to states, which would use the money to award 

competitive grants for the demonstration of solar energy technology. 

Title V—Nuclear energy programs 

This title authorizes $2.25 billion for fiscal years 2006–2010 for 

nuclear science and engineering, including R&D on advanced nuclear fuel recycling; support for nuclear science and engineering at 

universities; and support for improved nuclear research infrastructure and facilities. It also authorizes $1.25 billion for research, development, design and construction of a next generation demonstration nuclear power plant. In addition, this title requires 

plans for DOE nuclear energy facilities and for the new Idaho National Laboratory. It also authorizes and sets guidelines for the 

Next Generation Nuclear Plant program. 

Title VI—Fossil energy 

This title authorizes $3.1 billion for fiscal years 2006–2010 for 

R&D on advanced coal, oil and gas technologies, transportation 

fuels, and fuel cells, and includes $150 million for carbon dioxide 

capture R&D for existing power plants. This title also authorizes 

a new ten-year program of research on ultra-deep drilling technology with mandatory funding. This program includes a provision 

that would require, over ten years, $1.5 billion of mandatory spending from Federal oil and gas royalty funds and authorize $500 million in appropriations to be used for ultra-deepwater and unconventional oil and gas research. 

66 

Title VII—Hydrogen 

This title authorizes $2.15 billion for fiscal years 2006–2010 for 

research, development and demonstration required under the 

President’s Hydrogen Initiative, including R&D on fuel cell vehicles 

and hydrogen production. 

Title VIII—Advanced vehicles 

This title establishes a $200 million demonstration program for 

alternative-fueled and advanced vehicles and supporting infrastructure. It also establishes a $190 million demonstration program of 

alternative fuel, clean diesel and fuel cell school buses, of which 

$55 million is for a clean diesel school bus retrofit demonstration 

program. It also authorizes a $50 million demonstration program 

for fuel cell transit buses. 

Title IX—Clean Coal Power Initiative 

This title authorizes $200 million per year for fiscal years 2006– 

2012 for RD&D on advanced clean coal technology, including clean 

coal centers of excellence. 

Title X—Improved coordination and management of Civilian 

Science and Technology Programs 

This title designates the head of the Office of Science as an Assistant Secretary and creates an additional assistant secretary position to enable improved management of nuclear energy issues. 

VII. SECTION-BY-SECTION ANALYSIS OF THE BILL AS AMENDED

Sec. 1. Short Title; Table of Contents 

Short Title: ‘‘Energy Research, Development, Demonstration, and 

Commercial Application Act of 2005’’. 

Subsection (b) contains the table of contents for the Act’s 10 titles. 

Sec. 2. Definitions 

Defines terms used in the Act. 

TITLE I—SCIENCE 

Sec. 101. Office of Science Programs 

Authorizes Office of Science programs in high energy physics, nuclear physics, biological and environmental research, basic energy 

sciences, advanced scientific computing research, and fusion energy 

sciences. It also provides for facilities and infrastructure support 

and activities in education, outreach, information, analysis and coordination. This section also requires the Secretary to construct 

and operate a Rare Isotope Accelerator (RIA). Total RIA construction costs are capped $1.1 billion and construction must commence 

no later than September 30, 2008. 

Sec. 102. Systems Biology Program 

Authorizes a program in systems biology including genetics, protein science, and computational biology. Directs the program to 

identify biological processes that could be developed for energy and 

67 

environment-related applications. Prohibits the program from conducting biomedical research or research on human cells. 

Sec. 103. Catalysis Research and Development Program 

Authorizes a catalysis science program, including catalyst design 

and synthesis using experimental approaches, as well as computational design at the nanoscale. 

Sec. 104. Hydrogen 

Authorizes fundamental research and development (R&D) within 

the Office of Science to support the hydrogen program described in 

Title VII. 

Sec. 105. Advanced Scientific Computing Research 

Authorizes an advanced scientific computing research program 

including activities authorized in the Department of Energy HighEnd Computing Revitalization Act of 2004, and research in applied 

mathematics. 

Sec. 106. Fusion Energy Sciences Program 

Directs DOE to develop a program and submit a fusion energy 

science research plan to Congress. Authorizes the Secretary to join 

the international fusion experiment known as ITER, and mandates 

that any agreement between U.S. and its international partners 

must meet specific requirements to protect U.S. economic and scientific interests. The restrictions on any possible agreement are enforced by prohibiting U.S. funding for ITER construction until the 

Secretary has submitted to Congress the research plan, the international agreement for U.S. participation in ITER, a description of 

ITER’s management structure, and a report describing how ITER 

will be funded without reducing funding for other programs, including other fusion programs, in the Office of Science. Provides for a 

domestic magnetic fusion burning plasma experiment if the Secretary determines that construction and operation of ITER is unlikely or infeasible. 

Sec. 107. Science and Technology Scholarship Program 

Creates a program in which students receive scholarships in exchange for a commitment to work for DOE upon completion of their 

degrees. Scholarship recipients are obligated to work two years for 

each year of scholarship they receive. 

Sec. 108. Office of Scientific and Technical Information 

Authorizes the Secretary to maintain the Office of Scientific and 

Technical Information. 

Sec. 109. Science and Engineering Pilot Program 

Establishes a pilot program, run by a university consortium associated with Oak Ridge National Laboratories, to help science teachers. The program can be expanded nationwide, on a competitive 

basis in fiscal year 2008. 

Sec. 110. Authorization of Appropriations 

Authorizes $23.7 billion for fiscal years (FY) 2006–2010 for the 

Office of Science. From this amount, $1.65 billion is allocated for 

68 

advanced scientific computing research, $1.82 billion for fusion energy sciences, $8.4 million for the science and technology scholarship program and $39 million for the Office of Scientific and Technical Information. 

TITLE II—RESEARCH ADMINISTRATION AND OPERATIONS 

Sec. 201. Cost Sharing 

Requires minimum non-federal contributions of 20 percent of the 

cost of R&D, and 50 percent for demonstration and commercial application projects. Allows the Secretary to reduce these requirements based on either technical barriers or the nature of the research being sponsored (fundamental, inherently non-proprietary 

research). 

Sec. 202. Reprogramming 

Requires the Secretary to report to Congress 60 days after appropriations are enacted describing how appropriated funds will be 

distributed under this authorization. Requires 30-day Congressional review for any Departmental request that exceeds 2 percent 

or $2 million to move money between programs. 

Sec. 203. Merit-Based Competition 

Requires all funding under this Act be competitively awarded 

after an impartial merit review. The Secretary may restrict competitions to certain classes of recipients (e.g., universities, national 

laboratories) but must notify Congress within 30 days if a competition is run within only one class of recipients or if the Secretary 

waives the competition requirement for any solicitation. 

Sec. 204. External Technical Review of Departmental Programs 

Requires the Secretary to establish new or designate existing advisory committees to review the programs for energy efficiency 

R&D, renewable energy R&D, nuclear energy R&D and fossil energy R&D. For the Office of Science, it requires that the Secretary 

maintain existing scientific program advisory committees, report to 

Congress on any plans to change these committees’ membership requirements, and create a new overall science advisory committee 

that includes members from the existing committees. Requires a 

National Academy of Sciences review and assessment of all the programs under this Act. 

Sec. 205. Competitive Award of Management Contracts 

Requires competitive award of management and operations contracts for non-defense National Laboratories unless the Secretary 

provides a waiver and Congress is notified two months in advance. 

Sec. 206. National Laboratory Designation 

Prohibits the Secretary from designating any new National Laboratories. 

Sec. 207. Report on Equal Employment Opportunity Practices 

Requires the Secretary to submit to Congress a comprehensive 

report on equal opportunity practices at the National Laboratories. 

69 

Sec. 208. User Facility Best Practices Plan 

Requires the Secretary to submit a plan to Congress describing 

how each new user facility will provide appropriate staff to support 

a wide range of users; a fair method for allocating time to users; 

and safe and fiscally prudent operations. 

Sec. 209. Support for Science and Energy Infrastructure and Facilities 

Requires the Secretary to develop and implement a strategy for 

maintaining, closing, modifying, or constructing infrastructure and 

facilities at each non-military National Laboratory and Department 

research facility, and to transmit to Congress a summary of this 

strategy not later than June 1, 2007. 

Sec. 210. Coordination Plan 

Requires the Secretary to develop a plan to improve coordination 

and collaboration for all research, development, demonstration and 

commercial application activities among the Office and Science and 

the applied programs at the Department. 

Sec. 211. Availability of Funds 

Requires that if funds appropriated for activities under this title 

remain unused after three years, the funds must be returned to the 

Treasury. 

TITLE III—ENERGY EFFICIENCY 

SUBTITLE A—VEHICLES, BUILDINGS AND INDUSTRIES

Sec. 301. Programs 

Authorizes energy efficiency R&D programs related to vehicles, 

buildings, and industrial energy use. Requires the Secretary to 

transmit to Congress a report containing quantifiable 5-year cost 

and performance goals for these programs, and annual reports describing progress in achieving these goals. 

Sec 302. Vehicles 

Authorizes R&D programs on advanced technologies to improve 

the energy efficiency and environmental performance of light-duty 

and heavy-duty vehicles. 

Sec 303. Buildings 

Authorizes a program of R&D to improve the energy efficiency of 

buildings. The program is required to use a whole-buildings approach, integrating work on elements including advanced controls, 

building envelope, building systems components and on-site generation of renewable energy. It also authorizes a pilot grant program for the demonstration of advanced energy efficiency technologies for buildings and authorizes a study pertaining to voluntary consensus standards for high-performance building. 

Sec 304. Industries 

Authorizes R&D programs to improve the energy efficiency, environmental performance and process efficiency of major energy-conVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
70 

suming industries, including advanced control technologies for electric motors. 

Sec. 305. Demonstration and Commercial Application 

Authorizes the Secretary to promote demonstration and commercial application of innovative, cost-effective energy efficiency technologies, including through grants to non-profit institutions, State 

and local governments, universities, or consortia for Advanced Energy Technology Transfer Centers. The Secretary is required to report to Congress on the results of these activities. 

Sec 306. Secondary Electric Vehicle Battery Use Program 

Authorizes an R&D program to facilitate the reuse of batteries 

from electric vehicles for other purposes, such as bulk power and 

commercial power storage. 

Sec. 307. Next Generation Lighting Initiative 

Establishes a program to advance commercialization of next generation lighting through an alliance of manufacturers to partner 

with the government in solid-state lighting technology R&D. In the 

program, the Secretary would select an industry alliance to provide 

direction to the research, to make sure the research is useful for 

commercial products. The industry alliance would also get non-exclusive rights to negotiate with researchers funded under the program. 

Sec. 308. Definitions 

Defines ‘‘cost-effective’’ and ‘‘whole-buildings approach’’ for the 

purposes of this title. 

Sec. 309. Authorization of Appropriations 

Authorizes $4.0 billion for the energy efficiency R&D programs 

under this subtitle for FY 2006–2010. Of this amount, $1.36 billion 

is allocated for Vehicles; $830 million for Buildings, including $50 

million for the Energy Efficient Building Pilot Grant Program; 

$715 million is for Industrial Technologies, including $6 million for 

an Electric Motor Control Technology Program; $50 million is for 

Demonstration and Commercial Application; and $32 million is for 

a Secondary Electric Vehicle Battery Program; and $200 million for 

the Next Generation Lighting Initiative. 

Sec. 310. Limitation on Use of Funds 

Prohibits the use of any of the funds authorized under this subtitle for programs funded under other authorities. 

SUBTITLE B—DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS

Sec. 321. Distributed Energy 

Authorizes an R&D program to improve grid reliability technologies, and on systems to improve the reliability and efficiency of 

distributed energy resources. Requires the Secretary to make competitive merit-based grants to consortia for the development of residential combined heat and power technologies. 

71 

Sec. 322. Electricity Transmission and Distribution and Energy Assurance 

Authorizes an R&D program on advanced control devices to improve the energy efficiency and reliability of the electric transmission and distribution systems including a university research 

program to test power line optimization. 

Sec. 323. Authorization of Appropriations 

Authorizes $1.25 billion for the Distributed Energy and Electric Energy Systems programs for FY 2006–2010, including $40 million 

for Micro-cogeneration and $745 million for Electricity Transmission and Distribution and Energy Assurance, and $2 million for 

power line optimization. 

TITLE IV—RENEWABLE ENERGY 

Sec. 401. Findings 

This section contains the findings of Congress with respect to the 

relationship between United States investment in renewable energy and U.S. competitiveness in the world market, job impacts, 

energy security and reliability, and the environment. 

Sec. 402. Definitions 

Defines ‘‘biobased product’’ and ‘‘cellulosic biomass’’ for the purposes of this title. 

Sec. 403. Programs 

Authorizes renewable energy R&D programs with the objectives 

of increased conversion efficiency, decreased generation and delivery costs, promotion of energy supply diversity, improved United 

States energy security and environmental sustainability. Requires 

the Secretary to transmit to Congress a report containing quantifiable five-year cost and performance goals for these programs, and 

thereafter annual reports describing progress in achieving these 

goals. 

Sec. 404. Solar 

Authorizes R&D programs for solar energy, including for 

photovoltaics, heating, and concentrating solar power. Requires the 

programs to focus on the integration of photovoltaic technologies 

into buildings and manufacturing techniques for the production of 

low-cost, high-quality solar systems. 

Sec. 405. Bioenergy Programs 

Authorizes R&D programs for cellulosic biomass, including for 

the production of heat, electricity, fuels and biobased products. Establishes, in partnership with industry, a biomass integrated refinery demonstration program consisting of at least 5 integrated biorefineries. 

Sec. 406. Wind 

Authorizes R&D programs for wind energy, including offshore 

wind energy, low speed wind energy, testing and verification, and 

distributed wind energy generation. Authorizes the Secretary to 

construct a wind turbine test facility. 

72 

Sec. 407. Geothermal 

Authorizes an R&D program for geothermal energy, focusing on 

developing improved and low-cost technologies for geothermal installations. 

Sec. 408. Photovoltaic Demonstration Program 

Establishes a grant program to States for the demonstration of 

advanced photovoltaic solar energy technology. Under the program, 

the Federal government will distribute funds to the States that 

they, in turn, will competitively award to support demonstrations 

of solar energy technology. States are required to fund at least 10 

percent of a demonstration project; the federal contribution may 

not exceed 40 percent. No demonstration project can receive more 

than $1 million in Federal and State funds. The Secretary is required to report to Congress on the costs and results of this program after 5 years. 

Sec. 409. Additional Programs 

Authorizes R&D programs for ocean energy (including wave energy), kinetic hydro turbines, and the combined use of renewable 

energy technologies with other energy technologies. Requires the 

Secretary to commission a National Academy of Sciences study on 

renewable generation of ocean energy including wave, tidal, current 

and thermal energy. Also authorizes the Secretary to give grants 

to state or local governments to demonstrate renewable energy 

technologies in public buildings. 

Sec. 410. Analysis and Evaluation 

Authorizes the Secretary to conduct analysis and evaluation in 

support of renewable energy programs under this title for guiding 

budget and program decisions. 

Sec. 411. Authorization of Appropriations 

Authorizes $3.91 billion for FY 2006–2010 to carry out all activi- ties under this title. Of these funds, $990 million is allocated for 

the solar programs in section 404, $1.51 billion is for the bioenergy 

program is section 405, including $750 million for the biorefinery 

demonstration program, $310 million is for the wind program in 

section 406, including $41 million for the wind facility, $150 million 

is for the geothermal program in section 407, and $800 million is 

for the photovoltaic demonstration program in section 408. 

TITLE V—NUCLEAR ENERGY PROGRAMS 

Sec. 501. Definition 

Defines ‘‘junior faculty’’ for the purposes of this title. 

Sec. 502. Programs 

Authorizes civilian nuclear energy research, development, demonstration and commercial application programs with the objectives 

of promoting the viability of nuclear energy, reducing the likelihood 

of nuclear proliferation, maintaining excellence in nuclear research 

at universities and the National Labs, maintaining state-of-the-art 

nuclear research facilities and infrastructure, supporting industry 

and reducing environmental impacts. Requires the Secretary to 

73 

transmit to Congress a report containing quantifiable 5-year cost 

and performance goals for these programs, and thereafter annual 

reports describing progress in achieving these goals. 

SUBTITLE A—NUCLEAR ENERGY RESEARCH PROGRAMS

Sec. 511. Advanced Fuel Recycling Program 

Authorizes a R&D program on nuclear fuel recycling technologies 

to reduce the risk of nuclear proliferation, and minimize environmental and public health and safety impacts. 

Sec. 512. University Nuclear Science and Engineering Support 

Authorizes the Secretary to support new and existing programs 

to promote university research and education in nuclear engineering, including supporting university research reactors. 

Sec. 513. University-National Laboratory Interactions 

Establishes a fellowship program for professors to spend time at 

the National Labs in the areas of nuclear science and technology 

and for National Lab staff to spend time in related departments at 

universities. 

Sec. 514. Nuclear Power 2010 Program 

Authorizes the Secretary to carry out a Nuclear Program 2010 

Program to encourage industry to license and deploy a new power 

plant by 2010. 

Sec. 515. Generation IV Nuclear Energy Systems Initiative 

Authorizes the Secretary to carry out a Generation IV Nuclear 

Energy Systems Initiative, an R&D program for passively safe, proliferation-resistant nuclear plant designs. 

Sec. 516. Civilian Infrastructure and Facilities 

Authorizes the Secretary to operate and maintain infrastructure 

and facilities to support nuclear energy research, development, 

demonstration and commercial application. 

Sec. 517. Nuclear Energy Research and Development Infrastructure 

Plan 

Requires the Secretary to develop a plan for facilities improvements and investments that will be required to establish the programs under this title as among the best in the world in nuclear 

research. 

Sec. 518. Idaho National Laboratory Facilities Plan 

Requires the Secretary to develop a plan for the facilities at the 

Idaho National Laboratory, taking into account resources at other 

National Laboratories. 

Sec. 519. Authorization of Appropriations 

Authorizes $2.25 billion for FY 2006–2010 to carry out the activities under this subtitle. Of those funds, $244 million is allocated for 

university support described in section 512. 

74 

SUBTITLE B—NEXT GENERATION NUCLEAR PLANT PROGRAM

Sec. 531. Definitions 

Defines ‘‘demonstration plant,’’ ‘‘construction,’’ and ‘‘operation’’ for 

the purposes of this subtitle. 

Sec. 532. Next Generation Nuclear Power Plant 

Authorizes a program of research, development, demonstration 

and commercial application of advanced nuclear reactor technology. 

The objective is to design and demonstrate the next generation of 

nuclear fission power plant. 

Sec. 533. Advisory Committee 

Requires the Secretary to appoint an advisory committee for the 

Next Generation Nuclear Power Plant program. 

Sec. 534. Program Requirements 

Describes the requirements for the program under this subtitle, 

including the requirements for program elements, partnerships, 

plans for construction and operation, international collaboration 

and program plan. 

Sec. 535. Authorization of appropriations 

This section authorizes $750 million for FY 2006–2010 to carry 

out the activities under this subtitle, in addition to such sums as 

necessary with a limit of $500 million for construction activities. 

TITLE VI—FOSSIL ENERGY 

SUBTITLE A—RESEARCH PROGRAMS

Sec. 601. Enhanced Fossil Energy Research and Development Programs 

Authorizes programs, to be run in conjunction with industry, of 

fossil energy research, development, demonstration and commercial 

application programs, including for coal, oil, natural gas, transportation fuels and fuel cells. The objectives of these programs shall 

include increasing the conversion efficiency of all forms of fossil energy, decreasing costs, promoting diversity of energy supply, improving U.S. energy security and reducing environmental impacts. 

Requires the Secretary to transmit to Congress a report containing 

quantifiable 5-year cost and performance goals for these programs, 

and thereafter annual reports describing progress in achieving 

these goals. 

Sec. 602. Fossil Research and Development 

Authorizes a program of fossil energy research, development, 

demonstration and commercial application to reduce emissions 

from fossil fuel, including from coal-based products, through the development of advanced technologies by 2015. 

Sec. 603. Oil and Gas Research and Development 

Authorizes a program of oil and gas research, development, demonstration and commercial application to advance the science and 

technology available to domestic petroleum producers. 

75 

Sec. 604. Transportation Fuels 

Authorizes a program of transportation fuel research, development, demonstration and commercial application to increase the 

price elasticity of oil supply and demand. 

Sec. 605. Fuel Cells 

Authorizes R&D programs on fuel cells for low-cost, high-efficiency fuel-flexible, modular power systems. Authorizes a demonstration of fuel cell proton exchange membrane technology for 

various applications. 

Sec. 606. Carbon Dioxide Capture Research and Development 

Authorizes research and development aimed at developing carbon 

dioxide capture technologies that could be used on existing coalfired power plants. 

Sec. 607. Authorization of Appropriations 

Authorizes $3.1 billion for FY 2006–2010 to carry out the fossil 

energy programs described in this subtitle, including $150 million 

for carbon dioxide capture from existing plants. 

SUBTITLE B—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL

GAS AND OTHER PETROLEUM RESOURCES

Sec. 611. Program Authority 

Authorizes programs on ultra-deepwater and unconventional natural gas and other petroleum resource exploration, production and 

environmental mitigation. Limits the programs to work in areas 

currently eligible to be leased for exploration and requires consultation with the Secretary of the Interior. Requires a study to determine if methane hydrates research should be carried out under this 

Act. 

Sec. 612. Ultra-Deepwater Program 

Describes how the ultra-deepwater program should be carried 

out, assigning responsibilities to the Secretary and a private consortium that may be selected by the Secretary to help manage the 

program. Establishes procedures to address conflicts of interest. 

Sec. 613. Unconventional Natural Gas and Other Petroleum Resources Program 

Authorizes the Secretary to establish a separate R&D program 

for onshore unconventional oil and gas exploration for resources in 

economically inaccessible areas. 

Sec. 614. Additional Requirements for Awards 

Establishes requirements for applicants to the ultra-deepwater 

program to describe the intended commercial use of any technology 

to be demonstrated under the Act, and provides flexibility concerning the location of demonstration projects in deepwater depths 

of less than 1,500 meters and allows reduction of cost sharing for 

independent producers. 

76 

Sec. 615. Advisory Committees 

Requires the Secretary to establish two separate advisory committees for ultra-deepwater and unconventional resource programs 

and specifies their duties and compensation levels for their members. 

Sec. 616. Limits on Participation 

Limits participation in the program to U.S. companies or foreign 

companies that are based in countries that allow reciprocity. 

Sec. 617. Sunset 

Terminates the ultra-deepwater and unconventional research 

programs on September 30, 2015. 

Sec. 618. Definitions 

Defines ‘‘deepwater,’’ ‘‘independent producer of oil and gas,’’ ‘‘program consortium,’’ ‘‘remote or inconsequential,’’ ‘‘small producer,’’ 

‘‘ultra-deepwater,’’ ‘‘ultra-deepwater architecture,’’ ‘‘ultra-deepwater 

technology,’’ and ‘‘unconventional natural gas and other petroleum 

resources’’ for the purposes of this subtitle. 

Sec. 619. Funding 

Establishes in the Treasury an Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources Fund, including a mandatory provision that requires, after other obligations, 

$1.5 billion of Federal oil and gas royalty funds over ten years, and 

authorizes appropriations of $500 million over ten years, to be used 

for ultra-deepwater and unconventional oil and gas research. 

TITLE VII—HYDROGEN 

Sec. 701. Definitions 

Defines ‘‘advisory committee,’’ ‘‘fuel cell,’’ ‘‘infrastructure,’’ and 

‘‘light duty vehicle’’ for the purposes of this title. 

Sec. 702. Plan 

Requires the Secretary to submit a detailed plan to Congress describing the program’s research agenda, the technical milestones 

used to evaluate the performance of the program, and the role that 

the National Laboratories, universities, small businesses and other 

partners will play. 

Sec. 703. Programs 

Authorizes a research, development, demonstration, and commercial application program for hydrogen-powered fuel cell vehicles 

and the refueling infrastructure to support them, with the goal of 

enabling the automotive industry to make a decision to bring such 

vehicles to market by 2015. Specifies activities related to hydrogen 

production, delivery, and storage and the development of fuel cell 

technologies and the necessary codes and standards. Establishes 

project selection criteria for a hydrogen demonstration program. 

Requires a competitive merit review process and specifies cost 

sharing requirements. 

77 

Sec. 704. Interagency Task Force 

Establishes an interagency task forced, chaired by the Secretary, 

to assist in the implementation of the hydrogen program. 

Sec. 705. Advisory Committee 

Establishes an advisory committee, comprising representatives 

from domestic industry, academia, professional societies, government agencies and other organizations, to provide advice to the 

Secretary. 

Sec. 706. External Review 

Requires a competitively selected non-governmental body, such 

as the National Academy of Sciences, to review the program’s research plan and conduct a biennial review of the progress made by 

the program. 

Sec. 707. Miscellaneous Provisions 

Requires the Secretary to avoid unnecessary duplication when 

carrying out the activities under this Act, authorizes the Secretary 

to enter into cost-sharing agreements with other governments, authorizes the Secretary to represent the United States, and provides 

that nothing in the Act alters the Department’s regulatory authority. 

Sec. 708. Savings Clause 

Clarifies that nothing in this title shall be construed to affect the 

authority of the Secretary of Transportation with respect to vehicles or transportation regulations of any type, or research activities 

supported by the Department of Transportation. 

Sec. 709. Authorization of Appropriations 

Authorizes $2.15 billion for the program for FY 2006–2010. 

TITLE VIII—ADVANCED VEHICLES 

SUBTITLE A—PILOT PROGRAM

Sec. 801. Definitions 

Defines ‘‘alternative fueled vehicle,’’ ‘‘fuel cell vehicle,’’ ‘‘hybrid 

vehicle,’’ ‘‘neighborhood electric vehicle,’’ ‘‘ultra-low sulfur diesel vehicles,’’ and ‘‘pilot program’’ for the purposes of this subtitle. 

Sec. 802. Pilot Program 

Establishes a competitive grant program to provide not more 

than 15 geographically dispersed demonstration projects for state 

and local governments or metropolitan transportation authorities. 

Grants can be utilized for the demonstration of alternative fueled 

vehicles, fuel cell vehicles, hybrid vehicles, ultra-low sulfur diesel 

vehicles and infrastructure associated with alternative fueled, fuel 

cell and hybrid vehicle projects. Establishes additional requirements for grants. 

78 

Sec. 803. Reports to Congress 

Requires the Secretary to issue a report to Congress on the 

grants in Sec. 802 as well as evaluations of the effectiveness of the 

program. 

Sec. 804. Authorization of Appropriations 

Authorizes $200 million to carry out subtitle A, to remain available until expended. 

SUBTITLE B—CLEAN SCHOOL BUSES

Sec. 811. Definitions 

Defines ‘‘Administrator,’’ ‘‘alternative fuel,’’ ‘‘alternative fuel 

school bus,’’ ‘‘emissions control retrofit technology,’’ ‘‘idling,’’ ‘‘ultralow sulfur diesel fuel’’ and ‘‘ultra-low sulfur diesel fuel school bus’’ 

for the purposes of this subtitle. 

Sec. 812. Program for Replacement of Certain School Buses With 

Clean School Buses 

Establishs a program for awarding grants to eligible recipients 

for the demonstration and commercial application of alternative 

fuel school buses and ultra-low sulfur diesel fuel school buses. Use 

of funds for alternative fuel infrastructure is limited to 25 percent 

of the price of the alternative fuel school buses acquired. To carry 

out this section, $110 million is authorized for FY 2006–2007. 

Sec. 813. Diesel Retrofit Program 

Authorizes the Secretary and the Administrator of the Environmental Protection Agency to establish a pilot program for awarding 

grants to eligible recipients for the demonstration and commercial 

application of retrofit technologies for ultra-low sulfur diesel school 

buses. To carry out this section, $55 million is authorized for FY 

2006–2007. 

Sec. 814. Fuel Cell School Buses 

Authorizes the Secretary to establish a program to enter into cooperative agreements for the development and demonstration of 

fuel cell-powered buses. Cost sharing under this provision is specified with regard to infrastructure and demonstration activities. To 

carry out this section, $25 million is authorized for FY 2006–2008. 

SUBTITLE C—FUEL CELL TRANSIT BUS DEMONSTRATION

Sec. 821. Fuel Cell Transit Bus Demonstration 

Authorizes the Secretary to establish a transit bus demonstration 

program to demonstrate not more than 12 fuel cell transit buses 

(and necessary infrastructure) in three geographically dispersed localities. To carry out this section, $50 million is authorized for FY 

2006–2010. 

TITLE IX—CLEAN COAL 

Sec. 901. Authorization of Appropriations 

Authorizes $1.4 billion for a Clean Coal Power Initiative at the 

Department for FY 2006–2012. Requires the Secretary to transmit 

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a report, including a ten-year research plan, to Congress regarding 

certain implementation activities. 

Sec. 902. Project Criteria 

Establishes technical criteria that are to be required for projects 

funded under the Clean Coal Power Initiative. Requires that the 

Secretary, in consultation with certain parties, set technical milestones specifying the emissions levels that projects must be designed to and reasonably expected to achieve. Establishes financial 

assistance criteria applicable to projects, and limits the Federal 

share of a project to not more than 50 percent of the cost of a 

project. Stipulates that a technology used at, or emissions reduction 

levels achieved by, facilities receiving assistance under title V cannot be considered to be required under sections 111, 169, and 171 

of the Clean Air Act simply by virtue of having been operated in 

this program. 

Sec. 903. Report 

Requires the Secretary, in consultation with other appropriate 

agencies, to transmit a report to Congress on the technical milestones and the status of projects funded under title IX no later 

than one year after the date of the enactment of the title, and once 

every two years thereafter through 2012. 

Sec. 904. Clean Coal Centers of Excellence 

Authorizes the Secretary to award competitive, merit-based 

grants to universities for the establishment of Centers of Excellence for Energy Systems of the Future. Requires that the Secretary provide grants to universities that can show the greatest potential for advancing new clean coal technologies. 

TITLE X—IMPROVED COORDINATION AND MANAGEMENT 

OF CIVILIAN SCIENCE AND TECHNOLOGY PROGRAMS 

Sec. 1001. Improved Coordination and Management of Civilian 

Science and Technology Programs 

Amends the Department of Energy Organization Act to elevate 

the position of Director of the Office of Science to an Assistant Secretary. Increases the overall number of Assistant Secretaries in the 

Department from six to eight, and expresses the Sense of Congress 

that leadership for departmental missions in nuclear energy should 

be at the Assistant Secretary level. 

VIII. COMMITTEE VIEWS

Authorizing levels in this Act are intended to cover all research, 

development, demonstration and commercial application activities 

in a particular area (e.g. energy efficiency), not just the programs 

specified in the Act. 

TITLE I—SCIENCE 

In an October 2002 report, the President’s Council of Advisors on 

Science and Technology Subcommittee on Federal Investment in 

Science and Technology and its National Benefits observed: 

80 

All evidence points to a need to improve funding for 

physical sciences and engineering. Continuation of present 

patterns will lead to an inability to sustain our nation’s 

technical and scientific leadership. * * * Lack of funding 

in these * * * disciplines is cause for concern for a number of reasons: [The number of b]oth full-time graduate 

and Ph.D. students in most physical sciences, math and 

engineering are decreasing. * * * Facilities and infrastructure in general for the physical sciences are becoming less 

than adequate for the needs of today’s research problems. 

It is widely understood and acknowledged that the interdependence of the various disciplines requires that all advance together. 

H.R. 610, therefore, authorizes a significant budget increase for 

DOE’s Office of Science, because of its primary role in funding the 

physical sciences. Unique among civilian science agencies, the Office of Science is responsible for operating specialized user facilities 

and supporting large teams of scientists capable of tackling largescale, complex, multi-disciplinary problems that are national priorities in scientific research, such as those in nanotechnology. For 

more than a decade, however, Office of Science budgets have stagnated or declined. The increase recommended in this bill would reinvigorate these programs and assure America’s continued scientific leadership. 

The decline in the number of physical science and engineering 

degrees awarded to U.S. citizens is well documented and a cause 

for concern, even alarm, given the requirements of our economy 

and the shortage of technical personnel to fulfill them. The Committee notes, further, that the growth in expert personnel abroad, 

combined with the diminishing numbers of Americans entering the 

physical sciences, mathematics and engineering—an unhealthy 

trend—is leading corporations to locate more of their R&D activities outside the United States. 

The Committee also recognizes that research conducted by universities is vital to the success of the Office of Science program and 

that the training of a national workforce skilled in a wide variety 

of physical science disciplines, including computing and engineering, is essential. Approximately one quarter of the Office of Science 

budget supports competitive, merit-reviewed grants to about 2,000 

individual investigators at more than 250 universities and institutions nationwide. Although it is the prime supporter of the physical 

sciences and is responsible for a major share of university research 

in these fields, DOE is able to fund only 10 percent of the grant 

applications it receives. Even in a priority area such as 

nanotechnology, DOE is able to fund only 13.5 percent of submitted 

applications. 

Sec. 104. Hydrogen.—The Committee is pleased that the Office of 

Science is engaged in research to support the President’s Hydrogen 

Initiative. As noted by the American Physical Society and the National Academy of Sciences in separate reports, (The Hydrogen Initiative, American Physical Society, March 2004, and The Hydrogen 

Economy: Opportunities, Costs, Barriers, and R&D Needs, Committee on Alternatives and Strategies for Future Hydrogen Production and Use, National Research Council, National Academies 

Press, 2004) some of the barriers to success in the hydrogen proVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
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gram will require breakthroughs in basic science and can be best 

addressed with the resources of the Office of Science. 

Sec. 106. Fusion energy sciences program 

Sec. 106(c). United States participation in ITER.—Although the 

challenges and uncertainties associated with the development of 

practical fusion energy are significant, the Committee recognizes 

that the reward for success is great: a safe, environmentally attractive and virtually unlimited base-load power source. 

The Committee also recognizes that U.S. magnetic fusion research has reached a major milestone. As the result of substantial 

progress in fusion research over the past several years, the U.S. fusion research community has developed a strong consensus that 

magnetic fusion is ready to take the next step toward fusion energy: a burning plasma experiment. Several outside reviewers including the National Research Council have echoed this conclusion. 

Further, the consensus within the fusion community is that as a 

first choice, the U.S. should satisfactorily conclude negotiations 

leading toward the construction of an international burning plasma 

research project—the ITER project. The preponderance of the international fusion community, including the European Union, Japan, 

Russia, Canada, China and most recently South Korea, is moving 

forward with negotiations over the financing and the location of the 

ITER project. The second choice would be a domestic burning plasma device. 

H.R. 610 authorizes U.S. participation in the ITER project if certain prescribed conditions are met. The bill’s conditions for ITER 

participation are meant to reflect lessons learned from U.S. participation in other major domestic and international science projects: 

there must be cost protections; the U.S. role must be clearly defined; the U.S. must share equitably in experimental design, operations and collective decision making; the collaboration must maximize benefit to the U.S. domestic fusion program; and there must 

be a reasonable exit strategy for U.S. participation. The authorization also calls for the Secretary to submit to Congress its plan for 

U.S. participation in ITER prior to any U.S. contribution being 

made toward ITER construction. The Committee wants to ensure 

that Congress will have ample time to review the final decision to 

join the ITER project after the negotiations are complete and DOE 

has submitted its reports. 

Regardless of whether ITER goes forward, the U.S. fusion energy 

sciences program must be strengthened. This strengthening is necessary to revitalize a program that faces increased demands to utilize existing experiments more fully, increase its scientific and computational base, diversify its lines of enquiry in terms of innovative 

approaches to fusion, and maintain its place as a world leader in 

the face of European and Japanese programs of much greater size. 

Hence, the Committee authorizes increased funding for domestic 

fusion energy sciences program for the next four fiscal years. 

Finally, it is the Committee’s view that a strengthened domestic 

fusion research program is critical for participation in ITER. Therefore, the Committee has included separate authorizing levels for 

the initial four years of ITER participation in order to emphasize 

that funding for U.S. participation in ITER should complement, not 

compete with the U.S. domestic fusion program. An attempt to parVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
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tially or wholly fund ITER at the expense of the U.S. domestic fusion program could result in a weakened domestic fusion program 

that would be unable to fully utilize or leverage the value of participation in ITER. 

Sec. 107. Science and Technology Scholarship Program.—The 

Committee is concerned about the ability of DOE to attract and retain the scientific and technical personnel it needs to effectively 

carry out its programs. H.R. 610 contains a provision that the Committee intends and expects to result in the award of scholarships 

for talented young scientists pursuing graduate degrees in scientific and technical disciplines of importance to DOE. This section 

requires the Secretary to develop a scholarship program for U.S. 

citizen graduate students in appropriate science and engineering 

programs. The goal of this legislative effort is to provide a mechanism for agencies needing a highly trained/educated science and 

engineering workforce to have access to a greater number of qualified U.S. candidates. In addition, this effort is aimed at encouraging U.S. citizens to attend such graduate programs. Students 

participating in this program will receive scholarships in exchange 

for a commitment to work at DOE upon completion of their degrees. 

Sec. 108. Office of Scientific and Technical Information.—The 

Committee is aware that while the Office of Scientific and Technical Information (OSTI) is currently housed in the Office of 

Science, it serves as an important resource for all of DOE’s research programs. The Committee urges the Secretary to ensure 

that OSTI is well supported within the Department and continues 

to provide appropriate public access to the energy, science, and 

technology research and development (R&D) information generated 

by the Department and its precursors. 

Funding for OSTI authorized under section 108 does not include 

the portion of Science program direction funding used for salaries 

and other typical expenses for OSTI staff. The funds authorized to 

be appropriated to the Secretary for section 108 are for contracts, 

grants, and scholarships. 

In particular, continuing activities supported by OSTI should include: 

(1) Access to and Preservation of Non-Published R&D Literature: For technical reports, e-prints, preprints, and other 

forms of non-published, Departmentally-sponsored R&D information, provide electronic tools for full-text search and retrieval and preserve such documents in accordance with relevant statutes and regulations. For classified R&D information, maintain adequate security measures to ensure access is 

restricted to those with proper clearance and need-to-know credentials. 

(2) Other Relevant Information: Through collaboration with 

other science agencies and other sources of R&D information, 

provide tools and services, such as Science.gov, that foster scientific knowledge and advancement and allow citizens to find 

and use federal R&D information irrespective of the sponsoring 

agency. 

Sec. 109. Science and Engineering Pilot Program.—As part of the 

Federal government effort to help ensure that more of our nation’s 

youth have the background to major in science, engineering and 

83 

mathematics, the Department of Energy, through the Office of 

Science, has played a leading role in facilitating participation of 

educators and future teachers in research teams at research universities and the National Laboratories. Oak Ridge Associated Universities (ORAU) has been a leader in this work and also manages 

similar work for the National Science Foundation, the Department 

of Homeland Security, and the National Aeronautics and Space Administration. (NASA) One ORAU project, done at an experimental 

level with Johns Hopkins and Carnegie Mellon Universities, has 

permitted teachers to join research teams for five-week periods 

with the goals of increasing their understanding of how scientists 

do their work and of developing lesson plans based on these experiences that can be replicated by other teachers. This section authorizes expanding this effort throughout a region that includes Pennsylvania, Maryland, Tennessee and neighboring states with the 

goal of taking the concept nationwide in three years. Since such a 

regional approach requires substantial involvement of institutions 

with experience in the training and continuing education of teachers, the Committee is pleased that Middle Tennessee State University with its NASA Educator Resource Center plays a lead role as 

the initial teacher training participant for the pilot program. Any 

nationwide expansion of the program shall be subject to the competition provisions in section 203. 

TITLE II—RESEARCH ADMINISTRATION AND OPERATIONS 

Sec. 203. Merit-based competition.—The Committee is aware that 

concerns have been raised about whether and how the Department 

awards funds competitively. The Committee believes that there are 

occasions when competition within one of the five classes in this 

section may be sufficient to provide the public benefits of meritbased competition. The Committee also believes that, in some 

cases, it may be necessary to restrict competition to ensure an adequate laboratory infrastructure for federal and public purposes. 

However, the Committee requests notification in order to determine whether the competition requirements of this section are appropriate. The Committee also believes that there are situations in 

which competitions cannot be held in a timely fashion. In those circumstances, the Committee requests notification in order to determine whether the waiver provisions of this section are appropriate. 

Sec. 207. Report on equal employment opportunity practices.— This Section directs the Secretary to transmit a biennial report on 

equal employment practices at non-military energy laboratories. 

The Committee expects the Secretary to deliver the first of these 

reports within 12 months of the date of enactment of this Act. A 

GAO report entitled ‘‘Equal Employment Opportunity: Information 

on Personnel Actions, Employee Concerns, and Oversight at Six 

DOE Laboratories’’ (GAO–05–190) was issued in response to the request of the Chair of the Energy Subcommittee, and the Committee 

anticipates that the Secretary’s initial report will address the findings of that study. 

Sec. 208. User facility best practices plan.—The Committee believes that the Office of Science user facilities have been generally 

well-run and are an asset to the nation. However, as new parts of 

the Department embark on the creation of user facilities, it is important for the Department to review best practices and lessons 

84 

learned at existing facilities and apply those lessons to any new 

user facility, including those in the applied energy programs. 

Sec. 209. Support for science and energy infrastructure and facilities.—The Committee is aware of the October 2004 report of the 

National Academy of Sciences ‘‘Intelligent Sustainment and Renewal of Department of Energy Facilities and Infrastructure’’ and 

believes that the recommendations that the Department dedicate 

additional resources to maintenance and upkeep of existing facilities is of paramount importance. The Department supports the operation of major scientific user facilities such as synchrotron light 

sources for the national scientific and technological community. Of 

the increased funding authorized for the Office of Science, The 

Committee recommends that the DOE increase the budgets for operations and maintenance of the Office’s user facilities to maximize 

their operation and run times. These budgets have not increased 

substantially since 1980, even as key infrastructure has aged and 

now requires additional maintenance. In many cases, the scientific 

output and accessibility of these facilities is impaired by inadequate operations budgets and lack of funds for appropriate upgrades. 

Sec. 210. Coordination plan.—The Committee is concerned that 

the Department has not consistently captured the research 

synergies available among its programs: challenges of high-temperature materials, for instance, are encountered in the nuclear, 

fossil and renewable energy programs, and could likely benefit from 

activities in the Office of Science. The Committee is aware of past 

successful collaborations between Departmental program offices 

such as the joint report on carbon sequestration done by Office of 

Science, Office of Biological and Environmental Research, and Fossil Energy, and the more recent joint workshop addressing the material science issues presented by advanced fission and fusion reactors. However, the Committee feels that a more thorough and 

structured approach is needed to maximize the return on Federal 

investment. 

TITLE III—ENERGY EFFICIENCY 

The Committee is aware of the enormous potential for energy efficiency to contribute to U.S. energy needs. Efficiency gains are the 

quickest, cheapest and cleanest method for making more energy 

available for new uses, for securing our nation’s energy supply, and 

for reducing our dependence on foreign sources of energy. At an 

Energy Subcommittee hearing, witness Thomas R. Casten, Chairman and Chief Executive Officer of Primary Energy (Oak Brook, Illinois), testified that he had calculated the potential for cogeneration of electricity from industrial waste heat to be 300 gigawatts, 

approximately three times the amount of electricity provided by the 

current fleet of nuclear power plants, or about 1,000 standard fossil 

plants. Efficiency can, even with modest efforts, dramatically lower 

prices and reduce volatility in both the electricity and natural gas 

markets by reducing pressure on supplies, especially during peak 

loads. 

85 

SUBTITLE A—VEHICLES, BUILDINGS AND INDUSTRIES

Section 302. Vehicles.—The Committee is concerned that the potential for significant near-term gains in energy efficiency for vehicles is not being fully realized, in part because limited funding has 

tended to focus on hydrogen fuel cell vehicles. Therefore, the funding authorizations in this section are intended to be used for R&D 

on technologies to achieve shorter-term gains in energy efficiency 

and are not meant to be used for R&D under the longer-term hydrogen initiative, except in cases where technologies can readily be 

applied to both internal combustion engine or hybrid/electric vehicles and hydrogen-powered vehicles. Funding for hydrogen R&D is 

authorized separately under Title VII of this Act. 

The Committee is aware of a research center at Clemson University for automotive research which specializes in many areas which 

are relevant for the DOE vehicle technology program, including 

lightweight materials, more efficient engines and transmissions, 

drive-by-wire, computer-aided design of materials, advanced thermal management technologies, and whole-car design. The Committee urges the Secretary to consider the facility at Clemson for 

activities in the vehicles program, but also as part of activities authorized under Title VII—Hydrogen, and in research on the production of biodiesel. 

Section 303. Buildings.—The Committee believes that, in addition to energy efficiency and environmental performance, occupant 

health and indoor-air quality are important attributes to consider 

in the whole-buildings approach described in subsection (a). In addition, the Committee directs the Department to continue R&D and 

development on Smart Window technologies including electrochromics and other advanced technologies in energy-efficient windows, doors, and skylights. 

Sec. 303(b). Energy efficient building pilot grant program.—The 

Committee views this pilot grant program as a means to promote 

demonstration and commercial application of innovative energy 

technologies, and to simultaneously encourage energy efficiency in 

buildings and educate the community about opportunities for efficiency. The Committee expects that the Secretary will establish 

guidelines for this program within 6 months of enactment of this 

Act, and will issue the first solicitation for grant proposals within 

1 year. Furthermore, the Committee intends for the Secretary to 

consider a broad range of applicants, including owners of commercial, institutional, public and residential buildings. Finally, in paragraph (4)(B), the Committee expects that the independent certification organization will have procedures for obtaining data and 

that a summary of such procedures will be appended to the report 

to Congress required in paragraph (5). 

Sec. 303(c). Standardization report and program.—The National 

Institute of Building Sciences (NIBS) maintains a web site called 

the Whole Building Design Guide (WBDG) that is an invaluable 

source of information on high performance buildings and makes 

that information available to all in a user-friendly manner. Much 

of the information contained on this site has resulted from the research and development activities of the Department of Energy and 

other agencies. However, to encourage the use of this knowledge, 

high performance building standards and procedures must be deVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00089 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
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veloped before this knowledge is used in new and renovated buildings on a routine basis. In an effort to stimulate the formulation 

of voluntary consensus standards, the Committee directs the Department to enter into an arrangement with NIBS to assess how 

well current private sector standards match state-of-the-art knowledge on the design, construction, operation, repair, and renovation 

of high-performance buildings as represented by the WBDG. NIBS, 

working with the appropriate industry groups and standards development organizations, is to make recommendations on steps the 

Secretary can take to accelerate the development of procedures, including voluntary consensus standards, encompassing on a life 

cycle basis, all major high-performance building attributes. These 

high-performance building standards shall include energy efficiency, environmental quality, sustainability, safety and security, 

and accessibility. Once this assessment is complete, the Secretary, 

in cooperation with NIBS as appropriate, is directed to establish a 

program of technical assistance and grants to bring about, on an 

accelerated timetable, the promulgation of a comprehensive set of 

high performance building procedures and related standards, for 

both new construction and renovation. The Secretary and the National Laboratories are both asked to encourage participation of 

their employees with relevant expertise in the work of the standards development organizations under this section. 

Sec. 304. Industries.—The Committee has attempted to provide 

the Secretary with additional flexibility to operate the industrial 

energy efficiency programs by defining a threshold for industries 

that shall be included in the program. The industries that are the 

most energy intensive tomorrow may not be the same industries as 

today. Those industries that currently account for more than 1.0% 

of the total nationwide energy consumption include: aluminum, 

chemicals, forest product, glass, metal casting, mining, petroleum 

refining, steel and water treatment. 

Sec. 304(b). Electric motor control technology.—The Committee is 

aware of the potential of optical/graphical programming for driving, 

controlling, and improving virtually all types of electric motors. 

Successful development of a simple, low cost, and generic solution 

for the intelligent control of electric motors could significantly improve their energy efficiency. Such technology could have tremendous impact on the heating, ventilation, and air conditioning 

(HVAC) industry, among others. 

DOE, through the Office of Industrial Technologies, has already 

invested in several promising energy efficiency technologies, including the development of an optical programming system for intelligent control of electric air conditioning motors. From 1999–2002, 

the New York State Energy Research and Development Authority 

(NYSERDA) also invested significantly in an optical programming 

technology to improve the efficiency of HVAC motors. DOE program staff from the National Renewable Energy Laboratory 

(NREL) have reviewed this electric motor control, optical programming technology and concluded that successful implementation of 

the technology could lead to significant improvements in HVAC efficiency. 

Consequently, the Committee encourages DOE to fund larger 

demonstrations through its Industrial Technologies Program, 

Building Technologies Program, or other programs to encourage the 

87 

commercial application and wider acceptance of electric motor-control technology. As part of this effort, the Committee instructs DOE 

to work with NYSERDA to include this technology as part of a 

wider demonstration of energy efficient technology in institutional 

settings such as schools for grades K–12. 

The Committee has also included language directing the Secretary to conduct additional research, development, demonstration, 

and commercial application of this technology. The Committee intends that the Secretary fund promising applications by small businesses that have special expertise in this area. 

Sec. 305. Demonstration and commercial application.—The Committee’s intent is to encourage the Secretary to put more effort into 

moving energy efficiency technologies developed at the Department 

off the shelf and into the marketplace. The Committee feels that 

Departmental participation in demonstration and commercial application efforts is crucial to fulfilling the Department’s mission to 

achieve economy-wide gains in energy efficiency through the development of advanced technologies. 

Sec. 305(c). Advanced energy technology transfer centers.—The 

Committee is aware that viable commercial technologies and best 

practices for utilizing energy efficiency in buildings and industrial 

processes have been developed in DOE laboratories and in the private sector. These technologies are currently available, but often 

lack sufficient market penetration and adoption to have substantial 

impacts on energy use. This is due not only to a lack of incentives 

for their use, but to the lack of exposure of these technologies to 

building and energy professionals that would most benefit from 

these applications. Restructuring of power markets has left utilities 

that supported demand-side energy efficiency technologies with little financial incentive to continue programs that were designed to 

promote these technologies. 

Paragraph (1) of subsection (c) authorizes the establishment of a 

national network of regional centers to provide training, and demonstration of clean, energy-efficient technologies and methods developed in both DOE laboratories and by private firms. The Committee intends that the centers be located to serve all regions of the 

country, while siting the centers based on greatest need. 

Paragraph (2) generally prescribes the primary functions and capabilities of the centers. Specifically, these centers should operate 

an extensive outreach program providing information, training and 

technical advice to a wide audience of building and industry professionals, technicians and organizations responsible for energy demand. 

The Department will serve as a central coordinating body for the 

activities of the network of regional centers. In this capacity, the 

Department will be responsible for the dissemination and transfer 

of information among the regional centers, scheduling of classes 

and demonstrations, and will be the developer of curricula for the 

network and aggregator of findings, solutions and technologies developed through the regional centers, among other duties. 

SUBTITLE B—DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS

Sec. 321. Distributed energy.—The Committee wants to emphasize that R&D on energy storage remains a crucial component of 

88 

both the distributed energy program and the transmission and distribution program. 

Sec. 321(b). Micro-Cogeneration Energy Technology.—The Committee commends the Department on its actions to advance microcogeneration technology. This subsection is intended to help realize 

the potential of cogeneration technology as a clean source of energy 

for a variety of applications. Many believe the space heating industry is often overlooked in the development of such distributed cogeneration systems. The Committee believes that, with further research and development, cogeneration of electric power as a byproduct of building heating system operation could provide significant environmental benefits at low cost and high reliability and 

that the heating appliance industry is uniquely positioned to provide reliable electricity using environmentally friendly cogeneration 

power with practical technology. 

Sec. 322(c). High voltage transmission lines.—Greater demands 

for capacity are being put on the bulk power transmission system 

as the nation consumes more electricity. The Committee supports 

research directed toward finding ways to optimize the carrying capacity of transmission lines. The Secretary is directed to award a 

grant to a university research programs to undertake the development of technologies to accomplish this goal. The Committee 

strongly encourages the Secretary to consider Tennessee Technological University as the recipient. 

TITLE IV—RENEWABLE ENERGY 

Sec. 401. Findings.—The Committee notes, with concern, that 

while the renewable energy equipment business is a growth industry around the world, the United States has been losing market 

share. From 1996 to 2003, the U.S. share of solar electric panel 

production fell from 44 percent to 13 percent. Both Germany and 

Japan are investing heavily in renewable technologies, and each 

country employs more than five times as many workers in producing solar panels as does the U.S. The Committee believes there 

is great potential for domestically produced renewable energy to reduce our dependence on foreign fuels and lower emissions of both 

greenhouse gases and criteria pollutants. Renewable energy can 

substitute for important portions of our current energy demand: 

solar electric panels produce peak output when the most inefficient 

power plants come on line, in mid-afternoon, and thus can significantly reduce demand for natural gas. Biofuels made from a variety 

of regional feedstocks, including woody plants, have enormous potential to substitute for foreign oil while increasing rural incomes. 

Sec. 405. Bioenergy Programs.—The Committee is aware of research at a biofuels processing facility in New York to convert cellulose materials into levulinic acid for multiple applications. As 

part of this work, the State University of New York College of Environmental Science and Forestry is developing a Bioenergy and 

Bioproducts Technology Center, focusing on biofuels from 

lignocellulosic biomaterial. The Committee strongly encourages the 

Secretary to consider providing substantial financial assistance for 

this biofuels proposal. 

The Committee also intends that Section 405 authorizes the Secretary to provide assistance for an integrated rice straw project in 

Gridley, California, to convert rice straw into ethanol, electric 

89 

power, and silica, and an ethanol production facility in Maryland 

to convert barley grain into ethanol for use in motor vehicles or 

other uses. 

Sec. 405(c). Biomass Integrated Refinery Demonstration.—The 

Committee has long supported bio-based products and energy, and 

believes biomass holds great promise for easing the nation’s dependence on petroleum, while reducing new carbon dioxide emissions. In order to be successful, this new effort must receive support similar to other energy technologies, so the authorization level 

for this demonstration program is similar in scale to the authorization level for the Next Generation Nuclear Plant and the Clean 

Coal Power Initiative. The Committee intends for the integrated 

biorefineries to be situated in diverse regions of the country, and 

for each biorefinery to use a different regionally appropriate feedstock, to the extent practicable. The Committee urges the Secretary 

to incorporate existing university and National Laboratory experience, such as at the State University of New York College of Environmental Science and Forestry and the National Renewable Energy Laboratory, and to engage industry to help carry out the demonstrations and to help ensure that the technologies are commercially applicable. 

Sec. 408. Photovoltaic Demonstration Program.—The Committee 

has a strong interest in solar technology, and feels that the benefits 

of using photovoltaics are worthy of significant increases in Federal 

investment, especially in light of foreign competition. With the level 

of funding recommended for this Section, the Secretary should be 

able to demonstrate at least 300 megawatts of energy across the 

country. The benefits of the solar demonstration program include 

the production of peak power, which reduces the price of peak electricity for all customers, with minimal environmental impact, and 

predominantly displaces consumption of natural gas. By conducting 

the demonstration program through the States, the Committee 

feels that the Secretary can make the best use of limited federal 

dollars by tailoring the program to the needs and opportunities in 

each region of the country. 

The States are required to submit proposals to be eligible for the 

program, which along with the required 10 percent State costshare, ensures that the States are committed to the goals of the 

program. If States do not submit qualifying proposals, unclaimed 

funds are distributed to the States that do submit qualifying proposals. If sufficient funds are appropriated, then the Secretary 

shall allocate 25 percent of the available funds through a national 

competition, based on the quality of the proposals submitted by the 

States that qualify for the program. 

Sec. 409(c). Renewable energy in public buildings.—This section 

establishes a DOE grant program for local and state governments 

that plan to deploy solar and other renewable energy source technologies in public buildings that they own or operate. The grants 

can provide up to 40 percent of the incremental cost of the renewable energy project. The Committee believes this program is a key 

way for DOE to be a financial partner with state and local municipalities that are committed to the long-term and expanding use of 

renewable energy technology as part of its energy infrastructure. 

For instance, Sebastopol, California, in conjunction with staff and 

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mental Studies and Planning, has developed a plan to use solar 

technology in Sebastopol’s residential, commercial, and municipal 

buildings, with the eventual goal to completely transition the city 

to solar energy. 

TITLE V—NUCLEAR ENERGY PROGRAMS 

Sec. 502. Programs.—The Committee believes that nuclear energy must continue to be an important part of our energy portfolio, 

and that the Department should maintain and enhance its efforts 

to increase nuclear energy’s viability, provide the technical means 

to reduce the likelihood of proliferation, help maintain the nation’s 

nuclear research and education infrastructure. The program overall 

should be oriented toward the construction of a next-generation nuclear plant, with the research activities organized around that primary goal. The Committee remains concerned that the necessary 

infrastructure to carry out the program is not yet in place. The Department has not yet shown a clear path forward to ensuring that 

the necessary resources will be made available, and will be organized in a manner that will maximize the utility of existing resources to achieve the program goals. The Committee is also concerned that the university-based research activities that were formerly carried out under the nuclear energy research initiative are 

not receiving adequate support, and will not be carried out under 

other programs. 

SUBTITLE A—NUCLEAR ENERGY RESEARCH PROGRAMS

Sec. 512. University Nuclear Science and Engineering Support.— 

This Section authorizes new and existing programs to promote university research and education in nuclear engineering. The Committee is aware of concerns within the university nuclear research 

reactor community that DOE may be considering reducing its support for numerous university reactors. The Committee urges the 

Department to continue to maintain, and even expand, its support 

of the existing research reactor infrastructure. The Committee believes that a sustainable approach to nuclear power must include 

ongoing support for nuclear research reactors throughout the various regions of the United States. 

SUBTITLE B—NEXT GENERATION NUCLEAR PLANT PROGRAM

Sec. 532. Next Generation Nuclear Power Plant.—The Committee 

is concerned that the management plan for the construction and 

operation of the next generation nuclear plant (NGNP) is not sufficiently defined to allow potential partners to begin planning for 

technology selection, much less investment. While the Committee 

has authorized considerable funding for R&D on the NGNP, construction funding, while authorized, is restricted until an adequate 

management plan is delivered to the Congress. 

TITLE VI—FOSSIL ENERGY 

SUBTITLE A—RESEARCH PROGRAMS

Sec. 601. Enhanced Fossil Energy Research and Development Programs.—The Committee notes that traditionally a substantial majority of the funds in the fossil energy research budget have been 

91 

dedicated to coal research and development, because coal is the fossil energy resource with the largest known reserves, and because 

it is in the national interest to learn how to use this resource in 

a more efficient and environmentally benign manner. Therefore, 

the Committee expects that coal research and development comprise at least 60 percent of the program authorized under this section. 

Sec. 606. Carbon Dioxide Capture Research and Development.— 

The Committee supports the current efforts of the Department to 

develop technologies to capture and sequester carbon dioxide emissions as part of the Department’s Coal R&D program. However, the 

Committee believes that through more focused technology development, pulverized coal-fired power plants may also be able to 

achieve reductions in carbon dioxide emissions. The Secretary is directed to establish a program to cost effectively develop technologies to be retrofitted to the current generation of pulverized 

coal units that will make contributions toward the capture of carbon dioxide that would otherwise be emitted from these systems. 

SUBTITLE B—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL

GAS AND OTHER PETROLEUM RESOURCES

Sec. 611. Program Authority.—Subtitle B authorizes a new program at the Department for research, development, demonstration, 

and commercial application of ultra-deepwater and unconventional 

natural gas and other petroleum exploration technologies. For purposes of this program, ultra-deepwater is defined to be in excess of 

1,500 meters below the surface of the ocean. The Committee is 

hopeful that this technology will enable the U.S. to increase the 

supplies of oil and gas from the central and western Gulf of Mexico 

and other areas already open to drilling. The Department is allowed to carry out the program through a non-profit research consortium, modeled on the highly successful example of SEMATECH, 

which guided jointly funded efforts of the Department of Defense 

and the semiconductor industry. The Committee intends that the 

Secretary exercise continuing oversight over any research consortium. It is the Secretary’s responsibility to ensure that the public 

interest is being served by the consortium’s projects, that the 

projects are making the desired technical progress, and that the 

public’s money is being properly spent. Part 3 also requires annual 

audits by an independent, outside auditing firm. Such audits were 

also required of SEMATECH. 

Section 611(b) asks the Secretary to report to the Congress his 

recommendation on whether methane hydrates research should be 

included in the scope of activities outlined in this subtitle. 

The ultra deep program of R&D and demonstration would be applicable only in certain areas. Section 611(c) prohibits field activities under the program authorized by this Part in any offshore 

areas that are currently under federal moratoria, such as areas off 

the coasts of California or North Carolina. 

Sec. 612. Ultra-Deepwater Program.—Section 612(a) requires 

that all the projects undertaken under this program have among 

their major goals the improvement of safety and the limiting of environmental impacts. The Committee expects the Secretary to carefully monitor the program to ensure that safety and environmental 

92 

impacts are specifically addressed in the projects funded through 

the consortium. 

In the report called for in Section 612(e)(5), the Secretary shall 

include an estimate of the net present value of any additional royalties, taking into account any production that would have eventually occurred without the Federal program, using discount rates derived from standard natural resource extraction models. 

Sec. 614. Additional Requirements for Awards.—This Section sets 

specific requirements for awards, including specification of commercial use of technologies, standards for intellectual property, the circumstances under which cost-sharing might be reduced, and the 

need for technology transfer activities as part of each award. The 

Committee expects the Department to make every effort to include 

companies and independent producers of oil and gas that have had 

less than $500 million in annual revenues over the last three years. 

The requirements in Section 614(c) are not intended by the Committee to affect existing requirements of the Bayh-Dole Act in any 

way. Section 614(e) provides the Secretary with authority to reduce 

cost sharing based on technological risk. The Committee expects 

that such reductions in cost sharing would be for a period not to 

exceed two years. 

TITLE VII—HYDROGEN 

The Committee has long been involved in hydrogen research, development, demonstration and the commercial application of hydrogen-related technologies. The Committee authorized hydrogen 

science and technology programs in the original Spark M. Matsunaga Act of 1990 and Hydrogen Future Act of 1996. During the 

conference on comprehensive energy legislation in the 107th Congress (H.R. 4), the Committee negotiated language with the Senate 

conferees on amending the Matsunaga and Hydrogen Future Acts, 

which was reflected in H.R. 238 as introduced. In the 108th Congress, further revisions to the hydrogen title were made in the conference on comprehensive energy legislation (H.R. 6). That language passed the House and is preserved in H.R. 610. 

The Committee strongly supports the President’s commitment to 

hydrogen, but is particularly intent that the President’s 

FreedomCAR and Hydrogen Initiatives address the following areas: 

1. Stationary Power Generation.—The President’s Hydrogen 

Initiative has a clear focus on hydrogen fuel cell vehicles and 

the infrastructure to support them. Such vehicles hold potentially enormous benefits for the Nation, in terms of improved 

energy efficiency, near zero emissions, and reduced dependence 

on foreign oil. However, stationary applications face fewer 

technical barriers before becoming commercially viable, especially in niche market applications. The Committee strongly 

encourages the Department to support stationary fuel cell research, which will lead to technology advances applicable to 

fuel cell vehicles. 

2. Meaningful Demonstrations.—Past efforts by the Department to demonstrate technologies have not always been successful in providing reproducible models for commercial applications. As the Department demonstrates hydrogen and fuel 

cell technology, the Committee urges the Department to choose 

applications that have value in the commercial market, and 

93 

can be easily reproduced, rather than one-of-a-kind examples 

that do not advance the technology’s acceptance. The bill requires meaningful demonstrations, such as placing the technology into an existing facility. Demonstrations could include 

placing stationary fuel cells into critical telecommunications 

switching stations, which require uninterruptible power. 

3. Integration of Policy into the Research Plan.—The Committee expects the research plan to explicitly state the specific 

policy assumptions that are guiding the development of the 

R&D agenda. While the Committee understands that the Department cannot yet be sure exactly what policies will be put 

in place to facilitate the transition to a hydrogen economy, 

DOE cannot put together an R&D agenda without making 

some assumptions about the future policy environment. For example, the mix of sources we choose to tap for hydrogen (coal, 

natural gas, renewables, etc.) will be greatly affected by government policy (air regulations, tax incentives, and so forth). 

The way those sources are used will also be affected by government policy. (For example, will carbon sequestration be required in the production of hydrogen?) Since DOE’s R&D agenda must facilitate the development of technologies that can be 

put to work in a relatively short time in ‘‘the real world,’’ 

DOE’s decisions about R&D investments must take into account how that world will be shaped by government policy. 

4. Report and Review.—The Committee commends the Department on the plan and review already undertaken with the 

National Academy of Sciences. The Committee intends that the 

initial plan and review required by Section 706 has already 

been met by the Department’s work with the National Academy. The Department is still required to submit updates to the 

plan, and continue with external reviews as described in Section 706. 

5. Coordination.—Although the majority of the President’s 

initiative will be located in the Office of Energy Efficiency and 

Renewable Energy, it is the intention of the Committee that 

the Department conduct all hydrogen and fuel cell work in a 

coordinated manner to prevent duplication and provide maximum benefit. The Committee strongly encourages the Department to involve the Office of Science in areas of basic research 

relevant to the program. Additionally, the Committee notes 

that four separate sections of the bill authorize fuel cell RD&D 

and commercial application: Section 321 in Distributed Energy, 

Sections 602 and 605 in Fossil Energy, Title VII authorizing 

the President’s Hydrogen Initiative, Section 814 pertaining to 

fuel cell school buses, and Section 821 pertaining to fuel cell 

bus demonstration programs. The Committee intends that the 

Secretary coordinate implementations of these provisions to 

maximize their integration and effectiveness. 

The Committee intends that the term ‘‘overall’’ in Section 

703(b)(2) indicate that the complete fuel cycle, or ‘‘well-to-wheels,’’ 

efficiency and environmental costs be considered as the Department is considering various technology options for the production, 

delivery, and use of hydrogen. 

94 

The Committee is aware of expertise within the Department’s 

National Laboratories that may be relevant to the problem of hydrogen storage, one of the most difficult challenges in the hydrogen 

economy. The Committee urges the Secretary to take advantage of 

existing expertise in the National Laboratories; for example, Savannah River National Laboratory’s experience with tritium could 

be relevant to hydrogen research challenges. 

TITLE VIII—ADVANCED VEHICLES 

Sec. 802. Pilot program.—In selecting applicants and project 

sites, the Secretary should, consistent with section 201, give special 

consideration to proposals that address environmental needs in 

Clean Air Act nonattainment areas like the Washington, DC metropolitan region and in communities seeking to meet zero air emission goals, like Santa Clara County, California. 

Sec. 812. Program for replacement of certain school buses with 

clean school buses.—The Committee recognizes the safety and 

health benefits of replacing school buses that were manufactured 

before 1991. The Committee directs the Administrator to focus on 

replacing those buses which pose the greatest risk to school children, those manufactured before 1977. The Committee also directs 

the Administrator to use alternative fuel school buses to the greatest extent feasible, because of their national security benefit in addition to the health and safety benefits. 

The Committee is aware that a large percentage of all school bus 

fleets are privately owned and operated under contract to public 

school districts. Contractors provide service for most of the nonattainment areas in the country. To ensure that EPA focuses its efforts on replacing and retrofitting school buses in the communities 

with the greatest need and opportunity to affect air quality, the 

Committee has included flexibility for the Administrator to provide 

grant funds to privately run systems by allowing for joint applications to the school bus operators and the districts they serve and 

to nonprofit trade associations whose members include private 

school bus contractors. The Committee has included safeguards to 

ensure that the funds used for the purchase or retrofit of privately 

owned school buses will benefit the local school system and its students. 

Sec. 821. Fuel cell transit bus demonstration.—This Section directs the Secretary to establish a comprehensive public private 

partnership program to demonstrate hydrogen fuel cell transit bus 

technology. The Committee recognizes that fuel cell technology 

could significantly contribute to improving the cost effectiveness 

and environmental impact of mass transit options. However, more 

research and development work needs to be done to address a number of issues related to this technology. This demonstration program should specifically address numerous aspects of the introduction of this new technology, including consideration of the following 

components: 

1. Design and production of the Polymer Electrolyte Membrane (PEM) fuel cell power plant, electric drive and other 

components and integration of the power plant system with the 

bus chassis; 

95 

2. Demonstration of system reliability and durability capable 

of meeting the initial mission requirements of transit bus authorities; 

3. Design and development of a fuel cell friendly bus chassis 

that can become a standard platform for transit bus Original 

Equipment Manufacturers (OEM); 

4. Transit bus infrastructure requirements such as hydrogen 

production, storage and distribution; 

5. On-site demonstration of hydrogen production using: commercial and renewable, gaseous and liquid fuels, and water 

electrolysis coupled with a renewable energy source; 

6. Design, development and demonstration of a hydrogen 

storage system; 

7. Data collection, verification and testing, and information 

dissemination; 

8. Identification and implementation of necessary codes and 

standards for the safe use of hydrogen as a fuel suitable for the 

transit bus application, including the PEM fuel cell power 

plant system and related operational facilities; and 

9. Completion of fleet vehicle evaluation program by bus operators along normal transit routes, providing equipment manufacturers and transit operators with the necessary analyses to 

enable operation of hydrogen PEM fuel cell transit buses over 

a range of operating environments. 

The Committee is aware that the Department of Transportation 

is currently developing and funding a number of Bus Rapid Transit 

(BRT) demonstration programs around the country. The Committee 

believes that the BRT program is structured in a way that would 

facilitate the execution of this fuel cell bus demonstration program, 

as well as reducing redundancy in interagency research, and recommends the Secretary consider coordinating this fuel cell demonstration with existing BRT initiatives where there is local support to do so. The Committee also recognizes that local organizations, such as the Houston Galveston Area Council and the Zero 

Emission Bus program undertaken jointly by Santa Clara and San 

Mateo counties, are well equipped to assist the Federal Government in demonstrating the benefits from research on fuel cell technologies used for low-emission mass transit vehicles. 

TITLE IX—CLEAN COAL 

Like the Administration, the Committee believes that coal is likely to continue to be a significant source of electric power in the U.S. 

for years to come, given its domestic abundance. However, if that 

is to be the case, coal must become a far more efficient and cleaner 

fuel. Section 901 authorizes appropriations of $200 million per year 

for fiscal years 2006 through 2012, for the Clean Coal Power Initiative (CCPI). Section 902 sets out project criteria, including technical milestones for reduced emissions and for improved thermal 

efficiency. The Committee notes that improvements in efficiency in 

existing plants will be necessary to keep them competitive. As 

such, the efficiency targets set out in Section 902(b)(4) for efficiency 

refer to changes in the total plant efficiency. For example, for coal 

of 7000 British thermal units per pound (btu/lb), these targets require that plants would be expected to improve from 29 percent 

total plant efficiency to 33 percent total plant efficiency. Such imVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
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provements will require, among other actions, government investment in research, development, demonstration and commercial application of truly advanced coal technologies. Neither the taxpayers 

nor the coal industry will be well served in the long run if government investments are made in technologies that do not ‘‘push the 

envelope.’’ Moreover, a concerted effort will be needed to strengthen 

the management of clean coal programs. 

With those concerns in mind, Title IX places a number of requirements and restrictions on coal programs, particularly on the 

CCPI. First, the Committee requires a detailed report on how CCPI 

will be organized and implemented. The Committee is troubled 

that an explanation of how the $2 billion figure was arrived at, and 

how the money will be spent, has not been forthcoming from the 

Department. Given the priority the Administration has placed on 

the CCPI, the Committee has allowed the Initiative to begin. However, the Committee has required submission of a detailed report 

outlining how the program will be executed. The report must be specific in explaining how the $2 billion figure was developed, the scope of the program, how the program will 

operate, what technical milestones will be established and how 

they will be achieved, and how the program can be guided or informed by the successes and failures of past clean coal efforts. Section 903 requires that the report contain a number of specific components. First, the report must contain a detailed assessment of 

whether the aggregate funding levels provided under subsection (a) 

are the appropriate funding levels for that program. The Committee expects that this section will include an estimate of the total 

number of demonstrations of a given class of technology that is necessary to prove acceptance of the technology by industry, the approximate risk and cost reductions likely from second and successive demonstrations, and how these changes in cost and risk should 

affect the program’s industrial participants’ willingness to costshare. 

Second, the report must contain a detailed description of how 

proposals will be solicited and evaluated, including a list of all activities expected to be undertaken. The Committee expects that 

this section will include the relative weights of technical merit, of 

cost sharing, of the financial ability of the participant to complete 

the project, of the anticipated size of the target market, and other 

considerations factored into project evaluations. The Committee expects that this section will also include an evaluation of the market 

segments for which each technology demonstrated in the program 

is intended, the share of the overall coal power market of each 

technology and the share of the overall electricity market of each 

technology. 

Third, the report must contain a detailed list of technical milestones for each coal and related technology that will be pursued. 

The Committee expects that this section will define the performance levels—especially emissions and efficiency criteria outlined in 

section 902 that successive projects are anticipated to meet, and 

the timeline for project awards to meet each performance level. 

Finally, the report must include a detailed description of how the 

program will avoid problems enumerated in GAO reports on the 

Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially 

97 

or scientifically. The Committee expects that this section will include a detailed plan on contract mechanisms and enforcement to 

ensure that project partners with successful projects meet their obligations. 

The biennial report mentioned in Section 903 can be submitted 

as a part of the annual report required by Public Law 99–190 in 

the Clean Coal Technology Program, provided that it includes all 

the information required by that law. The Committee expects that 

cost-sharing will continue to be an important tool for leveraging 

scarce Federal resources, and therefore expects that the Department will continue to use cost-sharing as a major factor in project 

selection, especially in regard to demonstration projects. As milestones are met in the program and technologies approach commercialization, the Committee expects an increase in the private contribution to the program. The Act also establishes strict environmental standards that projects must be designed to meet and reasonably be expected to achieve in order to receive funding. Moreover, at least 60 percent of the funding must be devoted to projects 

related to gasification (which may include sequestration), because 

these are technologies that are furthest from development and 

promise the greatest environmental benefit among economically 

viable technologies, and, therefore, are the ones most deserving of 

government support. 

The Committee intends that the Secretary set strict, achievable, 

specific environmental milestones to ensure that the projects comply with Section 902. The environmental criteria in this Act, which 

are taken from industry’s own technology roadmap, are not mere 

advisory guidelines. They are precise requirements that the program must be designed to meet. 

The Committee intends that the efficiency requirements refer to 

generation efficiency and that the efficiency numbers apply to 

plants that are exclusively generating power. The Secretary should 

issue equivalent efficiency numbers for plants involved in the production of industrial chemicals or other activities. 

The Act also sets strict financial criteria for participants in 

CCPI. These criteria are absolutely essential to the success of the 

program. The Committee intends that the Secretary require specific, written documentation and audits from the participants to 

meet the requirements of subsection 903(c). For example, a market 

should exist for the technology being demonstrated or applied, as 

evidenced by statements of interest in writing from potential purchasers of technology. The Committee recommends that the Secretary consult with objective, outside experts in developing the report, including those from the National Academy of Sciences and 

GAO. The Committee also recommends that, in writing the report 

and carrying out the program, the Secretary consult with environmental groups and other environmental experts, the coal industry, 

the utility industry, and the coal equipment manufacturing industry. 

Sec. 904. Clean Coal Centers of Excellence.—This section directs 

the Secretary to provide grants to universities for the establishment of clean coal centers of excellence. Based on the Subcommittee on Energy’s June 12, 2001 hearing on Clean Coal Technology and subsequent discussions and materials, the Committee 

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ents Southern Illinois University, the University of Pittsburgh, 

Carnegie-Mellon University, and the Center for Electric Power at 

Tennessee Technological University. 

IX. COST ESTIMATE

Rule XIII, clause 3(c)(2) of the Rules of the House of Representatives requires each Committee Report on a measure approved by 

the Committee to include: (1) An estimate by the Committee of the 

costs that would be incurred in carrying out the bill or joint resolution in the fiscal year in which it is reported and in each of the 

five fiscal years following that fiscal year (or for the authorized duration of any program authorized by the bill or joint resolution if 

less than five years); (2) a comparison of the estimate of costs described in subparagraph (1) of this paragraph made by the Committee with any estimate of such costs made by a government 

agency and submitted to such Committee; and (3) when practicable, 

a comparison of the total estimated funding level for the relevant 

programs with the appropriate levels under current law. However, 

House Rule XIII, clause 3(d)(3)(B) provides that this requirement 

does not apply when a cost estimate and comparison prepared by 

the Director of the Congressional Budget Office under Section 402 

of the Congressional Budget Act of 1974 has been submitted prior 

to the filing of the report and included in the report pursuant to 

House Rule XIII, clause 3(c)(3). A cost estimate and comparison 

prepared by the Director of the Congressional Budget Office under 

Section 402 of the Congressional Budget Act of 1974 has been submitted to the Committee on Science prior to the filing of this report 

and is included in Section X of this report pursuant to House Rule 

XIII, clause 3(c)(3). 

Rule XIII, clause 3(c)(2) of the House of Representatives requires 

each Committee Report that accompanies a measure providing new 

budget authority (other than continuing appropriations), new 

spending authority, or new credit authority, or changes in revenues 

or tax expenditures to contain a cost estimate, as required by Section 308(a)(1) of the Congressional Budget Act of 1974 and, when 

practicable, with respect to estimates of new budget authority, a 

comparison of the total estimated funding level for the relevant 

program (or programs) to the appropriate levels under current law. 

H.R. 610 contains new budget authority, credit authority, or 

changes in revenues or tax expenditures under Section 619(a), by 

diverting $1.5 billion of royalty funds that would otherwise have 

gone to the Treasury for the Ultra-Deepwater and Unconventional 

Natural Gas and Other Petroleum Research Fund. Assuming that 

the sums authorized under the bill are appropriated, H.R. 610 also 

authorizes additional discretionary spending, as described in the 

Congressional Budget Office report on the bill, which is contained 

in Section X of this report. 

99 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

APRIL 20, 2005. 

Hon. SHERWOOD L. BOEHLERT, 

Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 610, the Energy Research, Development, Demonstration, and Commercial Application 

Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mike Waters. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

H.R. 610—Energy Research, Development, Demonstration, and 

Commercial Application Act of 2005 

Summary: H.R. 610 would authorize appropriations for various 

research and development activities at the Department of Energy 

(DOE) and the Environmental Protection Agency. Most of those activities would be related to energy production, conservation, or research and development. Assuming appropriation of the specified 

amounts, CBO estimates that implementing H.R. 610 would cost 

$3.3 billion in 2006 and $36.2 billion over the 2006–2010 period. 

CBO estimates that enacting the bill also would increase direct 

spending by $540 million over the 2006–2010 period and by $1.3 

billion over the 2006–2015 period. Enacting the bill would not affect revenues. 

H.R. 610 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

States and other public entities would benefit from the programs 

and grants authorized in this bill; any costs they face would result 

from participation in voluntary Federal programs. 

Estimated cost to the Federal Government: The estimated 

bydgetary impact of H.R. 610 is shown in the following table. The 

costs of this legislation fall within budget function 250 (science, 

space, and technology), 270 (energy), and 300 (natural resources 

and the environment). 

TABLE 1.—ESTIMATED CHANGES IN SPENDING UNDER H.R. 610 OVER THE 2005–2010 PERIOD 

By fiscal year, millions of dollars— 

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Spending under current law for programs authorized by H.R. 

610: 

Budget authority a ...................................................... 5,300 0 0 0 0 0 

Estimated outlays ....................................................... 5,156 2,744 536 75 29 0 

Proposed changes: 

DOE Science Programs: 

Specified authorization level .................... 0 3,785 4,153 4,628 5,300 5,800 

Estimated outlays ..................................... 0 1,893 3,780 4,372 4,940 5,516 

Energy Efficiency Programs: 

Specified authorization level .................... 0 840 940 1,050 1,190 1,275 

Estimated outlays ..................................... 0 420 764 980 1,104 1,212 

100 

TABLE 1.—ESTIMATED CHANGES IN SPENDING UNDER H.R. 610 OVER THE 2005–2010 PERIOD— 

Continued 

By fiscal year, millions of dollars— 

2005 2006 2007 2008 2009 2010 

Renewable Energy Research: 

Specified authorization level .................... 0 465 605 775 940 1,125 

Estimated outlays ..................................... 0 209 458 637 817 990 

Nuclear Energy Programs: 

Specified authorization level .................... 0 557 577 599 621 645 

Estimated outlays ..................................... 0 251 482 556 605 627 

Fossil Energy Programs: 

Specified authorization level .................... 0 633 661 676 691 707 

Estimated outlays ..................................... 0 253 454 659 678 693 

Hydrogen Fuel Development: 

Specified authorization level .................... 0 274 375 450 500 550 

Estimated outlays ..................................... 0 123 278 380 456 511 

Advanced Vehicle Technology: 

Specified authorization level .................... 0 300 135 35 10 10 

Estimated outlays ..................................... 0 120 189 120 40 14 

Clean Coal Technology: 

Specified authorization level .................... 0 200 200 200 200 200 

Estimated outlays ..................................... 0 50 100 130 160 180 

Total proposed changes: 

Specified authorization level ........... 0 7,054 7,646 8,413 9,452 10,312 

Estimated outlays ............................ 0 3,319 6,506 7,834 8,799 9,743 

Spending under H.R. 610: 

Specified authorization level a .................................... 5,300 7,054 7,646 8,413 9,452 10,312 

Estimated outlays ....................................................... 5,156 6,063 7,043 7,909 8,828 9,743 

CHANGES IN DIRECT SPENDING 

Budget authority ........................................................................... 0 150 150 150 150 150 

Estimated outlays ......................................................................... 0 30 75 135 150 150 

a The 2005 level is the amount appropriated for that year for DOE programs related to science, energy supply, fossil energy, and certain 

energy conservation programs. 

Basis of estimate 

For this estimate, CBO assumes that the amounts authorized by 

H.R. 610 will be appropriated for each fiscal year and that spending will follow historical patterns for ongoing or similar activities. 

Spending subject to appropriation 

H.R. 610 would authorize the appropriation of nearly $7.1 billion 

in 2006 and $42.9 billion over the 2006–2010 period for research, 

development, and demonstration activities related to energy consumption and supply. Over half the total funding, $23.7 billion, 

would be for the Department of Energy’s science programs. CBO 

estimates that implementing H.R. 610 would cost $3.3 billion in 

2006 and about $36.2 billion over the 2006–2010 period, assuming 

appropriation of the specified amount. CBO estimates that implementing: 

Title I would cost $1.9 billion in 2006 and $20.5 billion over 

the 2006–2010 period for the Department of Energy’s science 

programs; 

Title III would cost $420 million in 2006 and $4.5 billion 

over the 2006–2010 period for energy efficiency programs related to vehicles, buildings, industry, and electric energy systems; 

Title IV would cost $209 million in 2006 and $3.1 billion over 

the 2006–2010 period for renewable energy research and develVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00104 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
101 

opment related to solar, bioenergy, wind, geothermal, and photovoltaic programs; Title V would cost $251 million in 2006 and $2.5 billion over 

the 2006–2010 period for nuclear energy programs, including 

assistance to DOE to participate in the design, building, and 

operation of a demonstration nuclear power plant using advanced technology; Title VI would cost $253 million in 2006 and $2.7 billion over 

the 2006–2010 period for fossil energy programs, including a 

new program for the research and development of unconventional petroleum resources; Title VII would cost $123 million in 2006 and $1.7 billion 

over the 2006–2010 period for programs to develop hydrogen as 

an energy source; Title VIII would cost $120 million in 2006 and $483 million 

over the 2006–2010 period for programs related to advanced 

vehicle technology, such as vehicles that run on fuel cells, 

ultra-low sulfur diesel, and hybrid technology; and Title IX would cost $50 million in 2006 and $620 million over 

the 2006–2010 period for providing assistance to electricity 

projects using clean coal technologies. 

Direct spending 

H.R. 610 would establish a new program to develop unconventional sources of petroleum and natural gas from both onshore 

sources and from the deep waters of the Outer Continental Shelf. 

Under the program, $150 million per year over the 2006–2015 period would be deposited into a new Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund for expenditure by DOE without further appropriation. Those funds 

would come from royalties, rents, and bonuses paid by private 

firms to the government—under current law—for minerals production activity on federal land. In 2004, such receipts totaled about 

$7.5 billion. Such collections are currently deposited into the Treasury and are not available unless appropriated. Enacting H.R. 610 

would not affect the amounts of future collections. CBO estimates 

that implementing the new program would cost $30 million in 2006 

and $1.3 billion over the 2006–2015 period (see Table 2). 

TABLE 2.—CHANGES IN DIRECT SPENDING UNDER H.R. 610 OVER THE 2005–2015 PERIOD 

By fiscal year, in millions of dollars— 

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 

Budget Authority ............ 0 150 150 150 150 150 150 150 150 150 150 

Estimated Outlays .......... 0 30 75 135 150 150 150 150 150 150 150 

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 610 contains no intergovernmental or private-sector mandates as defined in UMRA. States and other public entities would 

benefit from the programs and grants authorized in this bill; any 

costs they face would result from participation in voluntary federal 

programs. 

Estimate prepared by: Federal costs: Lisa Cash Driskill, Susanne 

Mehlman, and Mike Waters; impact on state, local, and tribal govVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00105 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216P1.XXX HR216P1
102 

ernments: Theresa Gullo; impact on the private sector: Paige Piper/ 

Bach. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

XI. COMPLIANCE WITH PUBLIC LAW 104–4 

H.R. 610 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Rule XIII, clause 3(c)(1) of the Rules of the House of Representatives requires each Committee Report on a measure approved by 

the Committee to include oversight findings and recommendations 

required pursuant to clause 2(b)(1) of rule X. The Committee on 

Science’s oversight findings and recommendations are reflected in 

the body of this report. 

XIII. CONSTITUTIONAL AUTHORITY STATEMENT

Rule XIII, clause 3(d)(1) of the Rules of the House of Representatives requires that each report of a Committee on a public bill or 

public joint resolution shall contain a statement citing the specific 

powers granted to Congress in the Constitution to enact the law 

proposed by the bill or joint resolution. Article I, Section 8 of the 

Constitution of the United States grants Congress the authority to 

enact H.R. 610. 

XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

H.R. 610 creates four advisory committee(s) within the meaning 

of Section 5(b) of the Federal Advisory Committee Act whose functions are not currently being performed, nor could they be performed by one or more agencies, by an advisory committee already 

in existence, or by enlarging the mandate of an existing advisory 

committee: 

1. Section 204(b)(3) requires the Secretary of Energy to establish a science advisory committee, to advise the Secretary 

on science issues, that must include the chairs of the programmatic advisory committees for the Office of Science. 

2. Section 305(c) requires the Secretary to establish an Advisory Committee for Advanced Energy Technology Transfer 

Centers composed of members from State or local energy offices, energy professionals, trade or professional associations, 

architects, engineers, construction professionals, manufacturers, the research community, and nonprofit energy or environmental organizations to advise the Secretary on the establishment of the Centers under this Section. 

3. Section 615(a) requires the Secretary to establish the 

Ultra-Deepwater Advisory Committee. The purpose of this advisory committee is to advise the Secretary on the development 

and implementation of programs related to ultra-deepwater 

natural gas and other petroleum resources. 

4. Section 615(b) requires the Secretary to establish the Unconventional Resources Technology Advisory Committee. The 

purpose of this advisory committee is to advise the Secretary 

on the development and implementation of programs under 

103 

this part related to unconventional natural gas and other petroleum resources. 

In addition, Section 204(a) authorizes the creation of at least four 

advisory committees within the meaning of Section 5(b) of the Federal Advisory Committee Act whose functions are not currently 

being performed, but whose functions could potentially be assumed 

by expanding the mandate of existing committees. The decision to 

establish new committees or expand existing ones is left to the discretion of the Secretary. 

Section 533 requires the Secretary to appoint a subcommittee of 

the Nuclear Research Advisory Committee to oversee the Next 

Generation Nuclear Plant project. 

Section 705 requires the Secretary to establish the Hydrogen 

Technical and Fuel Cell Advisory Committee consisting of experts 

drawn from domestic industry, academia, professional societies, 

governmental laboratories, and financial, environmental, and other 

organizations, as appropriate, to review and advise on the progress 

made through the programs and activities authorized. It is the 

Committee’s intent that this advisory committee replaces the existing Hydrogen Advisory Technical Panel created by the Spark M. 

Matsunaga Hydrogen Research, Development, and Demonstration 

Act of 1990. 

XV. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 610 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of Section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVI. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

H.R. 610 is not intended to preempt any State, local, or Tribal 

law. 

XVII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

DEPARTMENT OF ENERGY ORGANIZATION ACT 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Department of Energy Organization Act’’. 

TABLE OF CONTENTS 

Sec. 2. Definitions. 

* * * * * * * 

TITLE II—ESTABLISHMENT OF THE DEPARTMENT 

Sec. 201. Establishment. 

* * * * * * * 

øSection 209¿ Sec. 209. Office of Science. 

* * * * * * * 

104 

Sec. 213. Establishment of policy for National Nuclear Security Administration. 

Sec. 214. Establishment of security, counterintelligence, and intelligence policies. 

Sec. 215. Office of Counterintelligence. 

Sec. 216. Office of Intelligence. 

* * * * * * * 

TITLE II—ESTABLISHMENT OF THE DEPARTMENT 

* * * * * * * 

ASSISTANT SECRETARIES

SEC. 203. (a) øThere shall be in the Department six Assistant 

Secretaries¿ Except as provided in section 209, there shall be in the 

Department seven Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the 

Senate; who shall be compensated at the rate provided for at level 

IV of the Executive Schedule under section 5315 of title 5, United 

States Code; and who shall perform, in accordance with applicable 

law, such of the functions transferred or delegated to, or vested in, 

the Secretary as he shall prescribe in accordance with the provisions of this Act. The functions which the Secretary shall assign to 

the Assistant Secretaries include, but are not limited to, the following: 

(1) * * * 

* * * * * * * 

øOFFICE OF SCIENCE

øSEC. 209. (a) There shall be within the Department an Office of 

Science to be headed by a Director, who shall be appointed by the 

President, by and with the advice and consent of the Senate, and 

who shall be compensated at the rate provided for level IV of the 

Executive Schedule under section 5315 of title 5, United States 

Code. 

ø(b) It shall be the duty and responsibility of the Director— 

ø(1) to advise the Secretary with respect to the physical research program transferred to the Department from the Energy Research and Development Administration; 

ø(2) to monitor the Department’s energy research and development programs in order to advise the Secretary with respect 

to any undesirable duplication or gaps in such programs; 

ø(3) to advise the Secretary with respect to the well-being 

and management of the multipurpose laboratories under the 

jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex; 

ø(4) to advise the Secretary with respect to education and 

training activities required for effective short- and long-term 

basic and applied research activities of the Department; 

ø(5) to advise the Secretary with respect to grants and other 

forms of financial assistance required for effective short- and 

long-term basic and applied research activities of the Department; and 

ø(6) to carry out such additional duties assigned to the Office 

by the Secretary relating to basic and applied research, including but not limited to supervision or support of research activities carried out by any of the Assistant Secretaries designated 

105 

by section 203 of this Act, as the Secretary considers advantageous.¿ 

OFFICE OF SCIENCE

SEC. 209. (a) There shall be within the Department an Office of 

Science, to be headed by an Assistant Secretary of Science, who 

shall be appointed by the President, by and with the advice and 

consent of the Senate, and who shall be compensated at the rate 

provided for level IV of the Executive Schedule under section 5315 

of title 5, United States Code. 

(b) The Assistant Secretary of Science shall be in addition to the 

Assistant Secretaries provided for under section 203 of this Act. 

(c) It shall be the duty and responsibility of the Assistant Secretary of Science to carry out the fundamental science and engineering research functions of the Department, including the responsibility for policy and management of such research, as well as other 

functions vested in the Secretary which he may assign to the Assistant Secretary. 

* * * * * * * 

SECTION 5315 OF TITLE 5, UNITED STATES CODE 

§ 5315. Positions at level IV 

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Deputy Administrator of General Services. 

* * * * * * * 

øAssistant Secretaries of Energy (6)¿ Assistant Secretaries of 

Energy (8). 

* * * * * * * 

øDirector, Office of Science, Department of Energy.¿ 

* * * * * * * 

XVIII. COMMITTEE RECOMMENDATIONS

On February 10, 2005, a quorum being present, the Committee 

favorably reported H.R. 610, the Energy Research, Development, 

Demonstration and Commercial Application Act of 2005, as amended, by a voice vote, and recommended its enactment. 

XIX. STATEMENT OF GENERAL PERFORMANCE GOALS AND

OBJECTIVES

Pursuant to clause 3(c) of House rule XIII, the outcome-related 

goals of H.R. 610, as enumerated in the following sections, are to 

be used to guide the conduct of balanced energy research, development, demonstration and commercial application portfolio of programs in order to meet the purposes of H.R. 610: Section 101 relating to Office of Science programs; Section 301 relating to programs 

for Vehicles, Buildings and Industries; Section 321 relating to programs in Distributed Energy; Section 322 relating to programs in 

106 

Electricity Transmission and Distribution and Energy Assurance; 

Section 403 relating to programs in Renewable Energy; Section 502 

relating to programs in Nuclear Energy; Section 601 relating to 

programs in Fossil Energy; and Section 703 relating to programs 

in Hydrogen. Additional goals can be found throughout H.R. 610, 

including: Section 102 relating to Systems Biology; Section 106 relating to the plan for Fusion Energy Sciences Program; Section 107 

relating to the Department of Energy Science and Technology 

Scholarship Program; Section 109 relating to a Science and Engineering Pilot Program; Section 210 relating to a Coordination Plan; 

and Section 812 relating to the establishment of a program for 

Clean School Buses. 

XX. EXCHANGE OF COMMITTEE CORRESPONDENCE

U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, Washington, DC, June 17, 2005. 

Hon. SHERWOOD L. BOEHLERT, Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR CHAIRMAN BOEHLERT: Thank you for your letter in regards 

to H.R. 1640, the Energy Policy Act of 2005. 

As the Committee on Science was named as an additional Committee of jurisdiction upon the bills introduction, I acknowledge 

and appreciate your willingness to not exercise your full referral on 

the bill. In doing so, I agree that your decision to forgo further action on the bill will not prejudice the Committee on Science with 

respect to its jurisdictional prerogatives on this legislation or similar legislation. Further, I recognize your right to request conferees 

on those provisions within the Committee on the Science’s jurisdiction should they be the subject of a House-Senate conference on 

this or similar legislation. 

I will include your letter and this response in the Committee’s 

report on H.R. 1640, and I look forward to working with you as we 

prepare to go to bring comprehensive energy legislation to the 

American people. 

Sincerely, 

JOE BARTON, 

Chairman. 

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON SCIENCE, 

Washington, DC, May 24, 2005. 

Hon. JOE BARTON, Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR CHAIRMAN BARTON: On April 14, 2005, you introduced H.R. 

1640, a bill to ensure jobs for our future with secure and reliable 

energy. The bill was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on Science (among 

others). The bill contains provisions that fall within the jurisdiction 

of the Committee on Science. 

107 

In deference to your desire to bring this legislation before the 

House in an expeditious manner as part of H.R. 6, I did not exercise this Committee’s right to consider H.R. 1640. Despite waiving 

consideration of H.R. 1640, the Committee on Science did not waive 

its jurisdiction over those provisions in H.R. 1640, as introduced, 

that fall within our Committee’s jurisdiction. Specifically: 

Science has sole jurisdiction over the following provisions: 

§§ 107–108; 302; 416; 631; 651–652; 711–712; 731; 744; 751; 

759; 810; Title IX (except section 949); 1003; 1225; 1227; 1447– 

1448; 1610. 

Science has sole jurisdiction over the following provisions, 

but recognizes that they have yet to be definitively litigated: 

§§ 401–404; 721–724; 741–743. 

Science shares jurisdiction over the following provisions: 

§§ 109; 126; 131; 205–207; 411; 601–612; 622; 629; 661; 665; 

753–754; 757; 801–809; 949; 1001–1002; 1004; 1224; 1226; 

1505; 1510; 1605; 1608–1609; 1613. 

Additionally, the Committee on Science expressly reserves its authority to seek conferees on any provisions that are within its jurisdiction during any House-Senate conference that may be convened 

on this legislation, H.R. 6, or similar legislation which falls within 

this Committee’s jurisdiction. I also ask for your commitment to 

support any request by the Science Committee for conferees on 

those provisions within this legislation, H.R. 6, or similar legislation that fall within Science’s jurisdiction. 

I request that you include this letter as part of the report for 

H.R. 1640 and we will likewise include our exchange of letters 

within the report to be filed for the Science Committee’s Energy 

bill—H.R. 610. In a related letter, I have written the Parliamentarian asserting the Committee’s jurisdictional claims over numerous provisions in H.R. 6. 

Thank you for your consideration and attention regarding these 

matters. 

Sincerely, 

SHERWOOD BOEHLERT, Chairman. 

(108) 

XXI. ADDITIONAL VIEWS 

I am taking this opportunity to comment on the impact that we 

can expect this legislation to have on our air quality. My constituents in Dallas, Texas are currently enduring all the health hazards 

that are related to living in both an ozone non-attainment area and 

an ozone transport region. In fact, the American Lung Association 

reports that nearly a half-million people in the Dallas-Fort Worth 

area live with diseases that are aggravated by air pollution. 

I am a Nurse by training, and I understand that the illnesses 

and diseases that are attributed to excessive smog and air pollution 

are very real. Ozone pollution burns cell walls in the lungs and air 

passages, causing tissues to swell, chest pain, coughing, irritation 

and congestion. The disproportionate incidence of asthma among 

inner-city children is well documented, and these innocent children 

have no control over the sources of this pollution. 

It has been the policy of this Administration to go to unusual 

lengths to intentionally and indefinitely postpone enforcement of 

the Clean Air Act, as it pertains to emissions in these ozone nonattainment and ozone transport areas. This obstinance finally led 

to four Federal Court rulings that shot down the extension of air 

quality deadlines that disregarded the Clean Air Act requirements. 

Unfortunately, last year an attempt was made to use the Energy 

bill to overrule the courts. Judging from this experience, I am wary 

that this legislation may once again be diverted to include such 

provisions, modifying deadlines to comply with the Clean Air Act. 

To further delay compliance and clean-up will result in increased 

health care costs for my constituents at a time when the healthcare 

system is broken, making such policy all the more egregious. 

As a matter of fact, having served as Ranking Member on the 

Research Subcommittee, I have witnessed the expenditure of hundreds of millions of taxpayer dollars, by DOE and other agencies, 

on clean air related research and development projects. On one 

hand, we have asked the taxpayers to fund research intended to 

help industry mitigate pollution levels surrounding their plants, 

and to make it possible for car makers to produce cleaner burning 

fuel systems. Yet with the other hand, we almost took away any 

real incentives industry has to pursue a commercial application for 

all of this taxpayer funded research. We have the technology to significantly improve our air quality. It is time to give our constituents the opportunity to benefit from it. 

Last year, a powerful member of the Energy and Commerce 

Committee slipped instructions into the Energy Conference report 

to overturn the court decisions. Shame on the Congress, if it happens again this year. Such a rider shows reckless disregard for the 

health consequences that dirty air has for other Americans that 

live in smoggy cities across the country. This country has waited 

a long time for an up to date comprehensive Energy bill. I chalVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00112 Fmt 6604 Sfmt 6604 E:\HR\OC\HR216P1.XXX HR216P1
109 

lenge my colleagues to pass an energy bill with a clean text, unfettered by such sneaky and backhanded conduct that occurs behind 

the locked doors of conference rooms. 

EDDIE BERNICE JOHNSON. 

(110) 

ADDITIONAL VIEWS OF MESSRS. COSTELLO AND CALVERT 

ON IMPLEMENTATION OF EXTERNAL REGULATION AT 

DOE CIVILIAN LABORATORIES 

In the Committee’s markup on this bill, we offered an amendment to H.R. 610, the Science portion of the Energy Bill, which 

provides for the external regulation of nuclear safety and occupational safety and health at the Department of Energy (DOE) civilian labs. This amendment would direct the Department to get out 

of the business of regulating itself in the areas of nuclear and 

worker safety. 

Discussion of external regulation at the labs is an old idea. In 

1993, then Secretary of DOE, Hazel O’Leary, announced that she 

would seek to implement external regulation of worker safety. 

Then, in 1994, legislation was introduced forcing DOE to stop selfregulating their nuclear facilities. DOE responded to these legislative initiatives by launching advisory groups to lay out a path to 

external regulation. 

In 1997, the DOE ran a 2-year pilot program to determine the 

costs and benefits of external regulation. The Nuclear Regulatory 

Commission (NRC) and the Occupational Safety Health Administration (OSHA) concluded the pilot to have been successful. 

The laboratory managers have also favored external regulation. 

They believe external regulation would free up overhead costs involved in self-regulation and allow them to redirect resources towards doing more science. From the labs’ perspective, DOE is an 

inconsistent regulator with changes in standards, reporting requirements, and interventions. They prefer to be covered by the 

less mercurial agencies that regulate the civilian nuclear industry. 

After ten years of studying this issue, we already know that external regulation is the right answer. 

There is broad consensus everywhere outside of DOE that the 

labs should be subject to external regulation. GAO, the labs and potential regulators all agree with external regulations. We believe 

the workers, the communities near the labs, and the taxpayers all 

deserve to see this happen sooner rather than later. This amendment is intended as another signal to DOE that foot-dragging and 

endless studies will not satisfy this Committee or this Congress. 

COSTELLO/CALVERT AMENDMENT

To provide for the external regulation of nuclear safety and occupational safety and health responsibilities at any nonmilitary energy laboratory owned or operated by the Department of Energy. 

SECTION 1. EXTERNAL REGULATION OF DEPARTMENT. 

(a) ELIMINATION OF DEPARTMENT AUTHORITY.—Effective 2 years 

after the date of enactment of this Act, the Department shall have 

no regulatory or enforcement authority with respect to nuclear 

111 

safety and occupational safety and health responsibilities assumed 

by the Nuclear Regulatory Commission under subsection (b) or by 

the Occupational Safety and Health Administration under subsection (c) at any nonmilitary energy laboratory owned or operated 

by the Department. 

(b) NUCLEAR REGULATORY COMMISSION AUTHORITY.— (1) NUCLEAR SAFETY REGULATORY AND ENFORCEMENT RE- SPONSIBILITIES.—Effective 2 years after the date of enactment 

of this Act, the Nuclear Regulatory Commission shall assume 

the nuclear safety regulatory and enforcement responsibilities 

of the Department under the Atomic Energy Act of 1954 with 

regard to nonmilitary energy laboratories owned or operated by 

the Department. 

(2) LICENSED ENTITIES.—For the purposes of carrying out at 

nonmilitary energy laboratories owned or operated by the Department regulatory and enforcement responsibilities described 

in paragraph (1), the Nuclear Regulatory Commission may regulate, through licensing, certification, or other appropriate 

means, the Department’s contractors. 

(3) DECOMMISSIONING.—A contractor operating a nonmilitary 

energy laboratory owned by the Department shall not be responsible for the costs of decommissioning that facility. No enforcement action may be taken against such contractor for any 

violation of Nuclear Regulatory Commission decommissioning 

requirements, if such violation is the result of a failure of the 

Department to authorize or fund decommissioning activities. 

The Nuclear Regulatory Commission and the Department 

shall, not later than 1 year after the date of enactment of this 

Act, enter into a memorandum of understanding establishing 

decommissioning procedures and requirements for nonmilitary 

energy laboratories owned or operated by the Department. 

(4) ACCELERATORS.—Notwithstanding the provisions of the 

Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), effective 

2 years after the date of enactment of this Act, the Nuclear 

Regulatory Commission shall have exclusive regulatory authority over accelerators, other electronic sources of radiation not 

assigned to the Commission as of the date of enactment of this 

Act, accelerator-produced radioisotopes, and naturally occurring radioactive materials at nonmilitary energy laboratories, 

consistent with the authorities granted the Nuclear Regulatory 

Commission in the Atomic Energy Act of 1954. Until such time 

as the Commission has completed a rulemaking for the foregoing equipment and radioisotopes, nonmilitary energy laboratories shall be required to meet the requirements stipulated in 

a license for the facility. 

(5) ADMINISTRATION.—The responsibilities assumed by the 

Nuclear Regulatory Commission under this subsection shall be 

administered by the Nuclear Regulatory Commission, not by 

States. 

(6) JUDICIAL REVIEW.—Section 189b. of the Atomic Energy 

Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the following paragraph after paragraph (4): 

‘‘(5) Any final order or regulation of the Commission establishing standards to govern nonmilitary energy laboratories 

112 

owned or operated by the Department of Energy that is issued 

to implement the Commission’s responsibilities under the Act 

which enacted this paragraph, and any final determination of 

the Commission relating to whether a nonmilitary energy laboratory owned or operated by the Department is in compliance 

with such standards and all applicable Commission regulations 

or orders.’’. 

(7) EMPLOYEE PROTECTION.—Any Department contractor operating a nonmilitary energy laboratory that is regulated by 

the Nuclear Regulatory Commission under this section shall be 

subject to section 211 of the Energy Reorganization Act of 1974 

(42 U.S.C. 5851) to the same extent as any other employer subject to such section 211. 

(8) CONFLICT OF INTEREST.—Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts, agreements, or other arrangements of the Nuclear Regulatory Commission proposed or entered into pursuant to its responsibilities assumed under this subsection. 

(c) OCCUPATIONAL SAFETY AND HEALTH.— 

(1) OSHA JURISDICTION.—Notwithstanding section 4(b)(1) of 

the Occupational Safety and Health Act of 1970 (29 U.S.C. 

653(b)(1)), effective 2 years after the date of enactment of this 

Act, the Occupational Safety and Health Administration shall 

assume the exclusive regulatory and enforcement responsibilities of the Department relating to matters covered by the Occupational Safety and Health Act of 1970 with regard to all 

nonmilitary energy laboratories owned or operated by the Department, except as provided in paragraph (2). The responsibilities assumed by the Occupational Safety and Health Administration under this subsection shall be administered by the Occupational Safety and Health Administration, not by States. 

Any Department contractor operating such a laboratory shall, 

with respect to matters relating to occupational safety and 

health, be considered to be an employer for purposes of the Occupational Safety and Health Act of 1970. 

(2) REGULATION OF HAZARDS CONTAINING RADIOLOGICAL AND

NON-RADIOLOGICAL COMPONENT.—If a hazard at a nonmilitary 

energy laboratory owned or operated by the Department presents a risk of occupational exposure and contains both a radiological and non-radiological component, the Occupational 

Safety and Health Administration and the Nuclear Regulatory 

Commission shall, effective 2 years after the date of enactment 

of this Act, share regulatory and enforcement responsibilities 

with respect to the hazard in accordance with the memorandum of understanding entered into pursuant to subsection 

(d). 

(d) MEMORANDUM OF UNDERSTANDING.—The Nuclear Regulatory 

Commission and the Occupational Safety and Health Administration shall, not later than 1 year after the date of enactment of this 

Act, enter into and transmit to the Congress a memorandum of understanding to govern the exercise of their respective authorities 

over nuclear safety and occupational safety and health at nonmilitary energy laboratories owned or operated by the Department. 

113 

(e) CIVIL PENALTIES.—The Department’s contractor operating a 

nonmilitary energy laboratory owned or operated by the Department shall not be liable for civil penalties under the Atomic Energy 

Act of 1954 or the Occupational Safety and Health Act of 1970 for 

any actions taken before the date of transfer of regulatory authority under this section, pursuant to the instructions of a Federal 

agency in preparation for the transfer of regulatory and enforcement responsibilities required by this section. 

(f) INDEMNIFICATION.—The Secretary shall continue to indemnify 

nonmilitary energy laboratories owned or operated by the Department in accordance with the provisions of section 170 d. of the 

Atomic Energy Act of 1954. 

(g) DEPARTMENT REPORTING REQUIREMENT.—Not later than 18 

months after the date of enactment of this Act, the Secretary shall 

transmit to the Congress a plan for the termination of the Department’s regulatory and enforcement responsibilities for nonmilitary 

energy laboratories owned or operated by the Department required 

by this section. The report shall include— 

(1) a detailed transition plan, drafted in coordination with 

the Nuclear Regulatory Commission and the Occupational 

Safety and Health Administration, giving the schedule for termination of self-regulation authority as outlined in subsection 

(a), including the activities to be coordinated with the Nuclear 

Regulatory Commission and the Occupational Safety and 

Health Administration; 

(2) a description of any issues remaining to be resolved with 

the Nuclear Regulatory Commission, the Occupational Safety 

and Health Administration, or other external regulators, and a 

timetable for resolving such issues by the authority transfer 

date established under this section; and 

(3) an estimate of— 

(A) the annual cost of administering and implementing 

self-regulation of the nuclear safety and occupational safety and health responsibilities described in subsections (b) 

and (c) at nonmilitary energy laboratories owned or operated by the Department; 

(B) the number of Federal and contractor employees administering and implementing such self-regulation; and 

(C) the extent and schedule by which the Department 

and the staffs at its nonmilitary energy laboratories will be 

reduced as a result of implementation of this section. 

(h) GENERAL ACCOUNTABILITY OFFICE REPORTING REQUIREMENT.—The Comptroller General of the United States shall periodically report to the Congress on the progress made in implementing 

this section. The Comptroller General shall provide a report not 

later than 20 months after the date of enactment of this Act on the 

Department’s transition plan, and not later than 26 months after 

the date of enactment of this Act on the implementation of Nuclear 

Regulatory Commission and Occupational Safety and Health Administration regulations in the nonmilitary energy laboratories. 

(i) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘Department’’ means the Department of Energy; 

(2) the term ‘‘nonmilitary energy laboratory’’ means— 

(A) Ames Laboratory; 

114 

(B) Argonne National Laboratory; 

(C) Brookhaven National Laboratory; 

(D) Fermi National Accelerator Laboratory; 

(E) Lawrence Berkeley National Laboratory; 

(F) Oak Ridge National Laboratory; 

(G) Pacific Northwest National Laboratory; 

(H) Princeton Plasma Physics Laboratory; 

(I) Stanford Linear Accelerator Center; or 

(J) Thomas Jefferson National Accelerator Facility; and 

(3) the term ‘Secretary’ means the Secretary of Energy. 

JERRY F. COSTELLO. 

KEN CALVERT. 

(115) 

XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 610, ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, 

AND COMMERCIAL APPLICATION ACT OF 

2005 

THURSDAY, FEBRUARY 10, 2005 

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC. 

The Committee met, pursuant to other business, at 10:17 a.m., 

in Room 2318 of the Rayburn House Office Building, Hon. Sherwood L. Boehlert [Chairman of the Committee] presiding. 

Chairman BOEHLERT. We will now proceed with opening statements, and I will start with mine. 

I want to welcome everyone to our first markup of the year. I 

think that once again the Science Committee will set the standard 

for how an Energy Bill should be produced. The bill we will have 

before us today is bipartisan and balanced. It addresses both supply and demand, both fossil fuels and renewables, both existing 

fuels and promising newer ones like hydrogen. 

The bill, H.R. 610, is based on the conference report for last 

Congress’s Energy Bill, H.R. 6. We have, however, improved the 

language and added some innovative new programs, particularly 

programs to demonstrate energy efficiency and renewable energy 

technologies. 

The bill reflects suggestions from a range of Members on both 

sides of the aisle, including freshmen Members, most notably Mr. 

Inglis. I want to congratulate Mrs. Biggert for introducing the 

measure. 

I also want to thank her and Mr. Gordon and our respective 

staffs for working out the issues that remained after the introduction of the bill. Mrs. Biggert will be offering a manager’s amendment, which is also bipartisan and also balanced, and which will 

improve the bill even further. 

I predict a smooth markup that should serve us well as a comprehensive bill is pieced together for the House Floor. 

Mr. Gordon. 

[The prepared statement of Chairman Boehlert follows:] 

PREPARED STATEMENT OF CHAIRMAN SHERWOOD L. BOEHLERT

I want to welcome everyone to our first markup of the year. I think that once 

again the Science Committee will set the standard for how an Energy Bill should 

be produced. The bill we have before us today is bipartisan and balanced. It adVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00119 Fmt 6601 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
116 

dresses both supply and demand, both fossil fuels and renewables, both existing 

fuels and promising newer ones like hydrogen. 

The bill, H.R. 610, is based on the conference report for last Congress’ Energy Bill, 

H.R. 6. We have, however, improved the language and added some innovative new 

programs, particularly programs to demonstrate energy efficiency and renewable energy technologies. 

The bill reflects suggestions from a range of Members on both sides of the aisle, 

including freshman Members, most notably Mr. Inglis. I want to congratulate Mrs. 

Biggert for introducing the measure. 

I also want to thank her and Mr. Gordon and our respective staffs for working 

out the issues that remained after introduction of the bill. Mrs. Biggert will be offering a manager’s amendment, which is also bipartisan and balanced, and which will 

improve the bill further. 

I predict a smooth markup that should serve us well as a comprehensive bill is 

pieced together for the House Floor. 

Mr. GORDON. Thank you, Mr. Chairman. 

As you have pointed out in hearings yesterday and in the past, 

our—part of our national security is intermixed with our energy— 

or our lack of dependency on energy from other countries, and I 

think we all need to keep this in mind. And I think that we ultimately will have an Energy Bill that is going to be balanced, both 

from production and as well as conservation. I was at a meeting 

two days ago where various Committees that were reporting the 

Energy Bill laid out what they were doing and what their prospects 

were. It was interesting that our committee, in making our recommendation, was the only one that said that we put together a 

consensus bill and that it wasn’t contentious. It really was unique 

among all of the other committees that were involved. So I want 

to thank you and your staff for working to try to bring this together as a consensus. 

I would like to say that Mr. Costello, I think, had a good amendment that was passed by this committee two years ago. I know that 

it ran into problems with jurisdiction now. I hope he will have a 

chance to be here later so that he can put this back in place so that 

as this process continues, I hope that we will have a chance, in conference or elsewhere, to take a look at it. 

But with that exception, as I say, I think that we have got a bill 

that is unique in this Congress as being both bipartisan and productive. I thank you and your staff for working together, and I look 

forward to moving forward with this legislation. 

Chairman BOEHLERT. Thank you very much for those comments, 

Mr. Gordon. 

[The prepared statement of Mrs. Biggert follows:] 

PREPARED STATEMENT OF REPRESENTATIVE JUDY BIGGERT

Thank you, Mr. Chairman, for those kind words. It has been an honor and a privilege working with you and our excellent subcommittee staff on a very important 

portion of much-needed comprehensive energy legislation. 

I will keep my remarks brief, since this bill does not represent new or uncharted 

territory for this committee. Far from it. 

The provisions in this bill are very similar to those in the conference report to 

H.R. 6, which passed the House by a bipartisan vote of 246 to 180 in 2003. Completely unchanged are those provisions over which the Science Committee shares jurisdiction with other committees, including sections pertaining to ultra-deep drilling, 

hydrogen, clean coal, and vehicles. 

The only changes that do exist in this bill are ones that reflect the latest research, 

the emergence of innovative technologies, and new ways of thinking about our 

power problems. 

Most noteworthy is a pilot grant program to encourage the design and construction of energy efficient buildings that demonstrate new efficiency technologies. Also 

117 

worth mentioning are two new additions to the title on renewable energy R&D. 

First is a grant program for States to support the development and demonstration 

of solar technologies nationwide. Second, the bill requires the Department to work 

with industry to create biorefinery demonstration projects. As a result, this bill does 

more for renewable energy R&D than any other energy bill previously considered 

by this committee. 

This bill has enjoyed bipartisan support because it is balanced. And a balanced 

energy policy is what we need desperately. 

We simply cannot meet today’s energy needs—much less tomorrow’s—with yesterday’s energy infrastructure and technologies. That’s why this bill represents the best 

investment in advanced, cutting edge energy technologies to expand and diversify 

our energy supply, meet growing demand, and reduce the environmental impact of 

energy production and use. 

I would be remiss if I did not mention that the bill also provides significant support for the basic research—especially in the physical sciences—underpinning the 

development of such technologies. For instance, in addition to basic fusion research 

and expanding the use of supercomputers for research, the bill supports the construction and operation of a Rare Isotope Accelerator. This RIA will study unique 

forms of radiation leading to advances and applications in medicine, advanced materials, national security, and environmental protection. 

In closing, I want to thank my many colleagues on the Subcommittee and the Full 

Committee for their contributions to the development of this bill. In particular, I 

want to thank the Ranking Member of the Full Committee, Mr. Gordon, for his useful suggestions. 

I also want to thank a new Member of the Subcommittee who’s not really new 

to Congress, my colleague Mr. Inglis, for his interest in this bill and his insight into 

how research at Clemson can complement DOE’s work on lightweight materials and 

vehicle systems. 

Finally, I want to recognize and congratulate the Subcommittee’s new Ranking 

Member, Mr. Honda. It’s been a real pleasure working with you for the last 10 minutes or so in your new capacity. Seriously though, I’m looking forward to working 

with you during this Congress to ensure the DOE is delivering on the promise of 

energy R&D to make our nation prosperous and secure. 

This will be the third consecutive Congress in which we have considered legislation that supports a balanced and comprehensive portfolio of energy R&D programs. 

And with the Members’ support, this could be the third consecutive time that the 

Science Committee reports this important bill by voice vote. I hope the third time 

is the charm for these critical provisions. I urge my colleagues to support this bill. 

[The prepared statement of Mr. Inglis follows:] 

PREPARED STATEMENT OF REPRESENTATIVE BOB INGLIS

Thank you Mr. Chairman and I just want to say how encouraged I am to be working with the Members of this committee. First impressions can set the course of a 

relationship, and I have certainly been impressed with the competence and helpfulness of this committee. 

Mr. Chairman, almost twenty-five percent of our country’s trade deficit comes 

from foreign oil. Soon, the world’s production of oil will not be able to keep up with 

our demand. Not only do we need to reduce our dependence on foreign oil, we need 

to expand our available options for energy. We need to develop fuels of the future. 

I am encouraged by the President’s emphasis on finding the next generation of 

affordable energy in his budget. In particular, his commitment to the hydrogen economy is exciting. We have the responsibility to be stewards of the environment, and 

a vehicle whose exhaust is water vapor is a great step in that direction. 

But there is much we can do now. This bill contains language that will help make 

the next cars we buy smarter, safer, and more fuel efficient. By reducing the weight 

of individual parts and improving the way they fit together, we can make a significant impact in the near-term. 

The International Center for Automotive Research (ICAR)—a partnership of 

Clemson University, BMW, Michelin, IBM, and Microsoft—is currently researching 

these areas—technologies like vehicle weight reduction, gasoline engine and fuel cell 

efficiency, hydrogen production, and other fuels of the future. ICAR has the ability 

to implement many of the programs described in this bill, and I look forward to seeing the work they can do in conjunction with the Department of Energy and the 

hydrogen roadmap. 

I would also like to mention to the Committee the work being done at the Department of Energy’s Savannah River Site. Savannah River Site was granted National 

118 

Lab status in 2004, and has expertise in tritium storage that will be useful to the 

Department’s efforts to research the storage and transmission of hydrogen to the 

U.S. market. 

Mr. Chairman, in closing, I want to thank you for the opportunity to work with 

this committee to add language to the bill that will direct Department of Energy 

research toward automotive efficiency. I trust we will continue to work in this committee for the good of our nation in energy research. 

[The prepared statement of Mr. Costello follows:] 

PREPARED STATEMENT OF REPRESENTATIVE JERRY F. COSTELLO

Good morning. Thank you, Chairman Boehlert, for including the clean coal provisions and authorizing a new carbon sequestration program in today’s markup of the 

energy bill. 

Coal is absolutely critical to our nation’s economic health and global competitiveness. There is no present alternative to coal to meet our energy needs. New and 

improved technologies hold the promise of far greater emissions reductions and increased efficiency. 

The clean coal provisions and the new carbon capture program included in this 

bill would assist in burning coal more efficiently and cleanly. These cleaner coal 

technology initiatives encourage development of new technologies for cleaner, higher 

efficiency coal combustion in new and established plants with the hope of achieving 

a healthier environment while maintaining jobs. 

I look forward to further collaboration with you, as this bill moves closer to consideration by the House. 

[The prepared statement of Ms. Woolsey follows:] 

PREPARED STATEMENT OF REPRESENTATIVE LYNN WOOLSEY

Thank you, Chairman Boehlert. I want you to know that I appreciate all the hard 

work you do as the Chairman of this committee, and I’m glad we’re here today to 

address our nation’s energy issues. 

My home State of California, and especially the Bay Area district I represent— 

Marin and Sonoma Counties, right across the Golden Gate Bridge from San Francisco—are keenly aware of the need to re-examine our national energy priorities. 

For too long the U.S. has made short-sighted decisions about our energy future, 

putting our faith in fossil fuels as our primary energy source. 

On a global scale, our faith in fossil fuel-based power has contributed to a rise 

in greenhouse gases and the onset of global climate change. And, let’s not forget 

that our dependence on fossil fuels—largely obtained from the volatile Middle East 

region—makes us less secure as a nation. 

That’s why I believe we need to chart a new energy strategy that will embrace 

the use of alternative power sources while at the same time reducing our overall 

demand for energy. 

The bill that we are working on today contains energy efficiency provisions from 

my own comprehensive energy legislation, the Renewable Energy and Energy Efficiency Act of 2003, which I re-introduced yesterday for the 109th Congress. 

In particular, the section of the bill before us today that requires the Secretary 

of Energy to complete an assessment report on renewable resources comes straight 

from my legislation. 

In the short-term, we must identify and invest in developing and promoting alternative energy sources and the use of more energy efficient technologies. 

There’s no doubt in my mind that an investment in renewable energy will protect 

our environment and guarantee a better future for our children, and we will be 

safer as a nation when we are less dependent on foreign fossil fuels. 

Thank you, and I yield back. 

[The prepared statement of Mr. Honda follows:] 

PREPARED STATEMENT OF REPRESENTATIVE MICHAEL HONDA

Thank you Mr. Chairman. 

I don’t know that there is anything that I can say about this bill that has not 

already been said the previous two times this committee has marked it up during 

my time in Congress. But now that I am the Ranking Minority Member on the Energy Subcommittee, I would like to emphasize how important I feel it is that we 

invest in energy efficiency and renewable energy technologies in order to reduce our 

119 

dependence on imported fossil fuels and to reduce the human impact on the global 

climate. 

This research portion of the Energy Bill includes such beneficial programs as energy efficiency and renewable energy research and development, the next generation 

lighting initiative, and the clean school buses program. We have also increased support for the basic sciences at the Department of Energy generally and focused on 

several programs in particular, such as nanotechnology research and development, 

U.S. participation in the ITER fusion energy project, and advanced scientific computing for energy missions. 

I commend the bipartisan leadership of the Science Committee for including these 

important provisions in the bill. I am also grateful for the inclusion of provisions 

that will advance the Next Generation Lighting Initiative and will assist the Santa 

Clara Valley Transportation Authority, located in my district, in its efforts to employ zero emission buses, which will help address air quality challenges in California and also will reduce our impact on the climate. 

I only wish that the committees working on the other sections of the omnibus Energy Bill could craft their sections of the bill in the bipartisan fashion that the 

Science Committee has worked on H.R. 610 so that we could truly achieve a balanced, forward thinking national energy policy that recognizes the limitations of fossil fuel supplies and invests in the research, development, and deployment that will 

be needed to transition to a sustainable energy culture. 

Chairman BOEHLERT. You know, a number of people have observed that we did this rather smoothly in the last Congress. They 

said, ‘‘Well, why were they able to develop a consensus on that 

Committee when the others were so actively engaged in sniping 

back and forth in bitter disputes and everything?’’ And then someone drew the conclusion, ‘‘Well, maybe they didn’t have anything 

controversial in their bill, that is why they worked so well.’’ And 

I quickly disabused him of that notion, pointing out that we had 

ultra deep sea drilling, which is one of Mr. Hall’s prime targets; 

clean coal technology, a number of your Members, led by Mr. 

Costello, are very concerned about that; nuclear energy, we all 

have a deep and abiding interest in that and concern about it. But 

we addressed these issues in the manner in which the Committee 

has become accustomed to acting. We work across the center aisle. 

The staff is always in consultation. And I think we have an open 

communication policy, which serves your side and my side well, because when all is said and done, we are all on the same side. 

So with that, I ask unanimous consent that the bill, as considered, be read and open to amendment at any point. Without objection, so ordered. 

The first amendment on the roster is an amendment offered by 

Mrs. Biggert, the Chair of the Energy Subcommittee. I ask unanimous consent that—— 

Ms. BIGGERT. Mr. Chairman—— 

Chairman BOEHLERT. —it be considered en bloc. 

Ms. BIGGERT.—I have an amendment at the desk. 

Chairman BOEHLERT. Without objection, so ordered. The Clerk 

will report the amendment. 

Ms. TESSIERI. En bloc amendments to H.R. 610, offered by Mrs. 

Biggert of Illinois. 

Chairman BOEHLERT. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

The gentlelady is recognized for five minutes to discuss her 

amendment. 

Ms. BIGGERT. Thank you, Mr. Chairman, and thank you for the 

privilege of working with you and the Subcommittee—Energy Subcommittee and the fine job that they did on this work. 

120 

The manager’s amendment to H.R. 610 includes technical 

changes to the bill as well as a number of amendments offered by 

the Minority and accepted by the Majority after negotiations. The 

technical changes to the bill include a correction requested by industry that would delete the sections referring to the Steel and 

Aluminum Energy Conservation and Technology Act. They also include a change requested by Mr. Honda. 

And here, I would like to congratulate Mr. Honda for being the 

Ranking Member of the Subcommittee. It will be nice to be able to 

work with him. He has only been, I think for about 10 minutes 

now, the Ranking Member, so I look forward to working with him. 

Chairman BOEHLERT. You will find that a pleasant experience. 

Ms. BIGGERT. Good. But it does include a change requested by 

Mr. Honda that would replace language in the bill regarding the 

Next Generation Lighting Initiative with the language in the conference report. 

Finally, the manager’s amendment clarifies that the scholarship 

program included in the bill, at Mr. Rohrabacher’s request, is to entice graduate students to careers in the Department. Also included 

are five amendments offered by my Democratic colleagues. 

Number one is the amendment offered by Ranking Member Gordon authorizing a pilot program involving Oak Ridge University associates and the DOE Office of Science. It would provide training 

opportunities for elementary and secondary schoolteachers in math, 

science, and engineering and could be replicated nationwide if successful. 

A second amendment offered by Ranking Member Gordon would 

create a university research program to work in conjunction with 

the Tennessee Valley Authority to design and test state-of-the-art 

inspection and optimization techniques for high-voltage power lines 

and thus improve electricity capacity and reliability. 

Third is an amendment offered by Mr. Costello and supported by 

industry that provides grants through an open, competitive process 

for the research and development of technologies to capture carbon 

dioxide from existing coal power plants and equipment. The Clean 

Coal Technology Program, which is already in the bill, is focused 

on new power plants only. 

Fourth, an amendment offered by Ms. Jackson Lee, provides 

grants and technical assistance to standards development organizations to revise and update standards for high-performance buildings so that they are consistent with recommendations from the 

National Institute of Buildings and Sciences. 

Finally, an amendment offered by Ms. Woolsey would promote 

the use of renewable energy technologies in public buildings. 

Let me just say a couple more words here about the bill. 

And for those new Members that are here, the provisions in this 

bill are very similar to those in the conference report, H.R. 6, which 

passed the House by a bipartisan vote of 246 to 180 in 2003. Completely unchanged are those provisions over which the Science 

Committee shares jurisdiction with other Committees, including 

sections pertaining to ultra deep drilling, hydrogen, clean coal, and 

vehicles. The only changes that do exist in this bill are the ones 

that reflect the latest research, the emergence of innovative technologies and new ways of thinking about our power programs. 

121 

So this bill has certainly enjoyed bipartisan support, because it 

is balanced, and a balanced energy policy is what we need desperately. We certainly could not meet today’s energy needs, much 

less tomorrow’s, with yesterday’s energy infrastructure and technologies. And that is why this bill represents the best investment 

in advanced, cutting-edge energy technologies to expand and diversify our energy supply, meet growing demand, and reduce the environmental impact of energy production and use. 

I would be remiss if I did not mention that the bill also provides 

significant support for the basic research, especially in the physical 

sciences underpinning the development of such technologies. For 

instance, in addition to basic fusion research and expanding the 

use of supercomputers for research, the bill supports the construction and operation of a Rare Isotope Accelerator. This RIA will 

study unique forms of radiation leading to advances and applications in medicine, advanced materials, national security, and environmental protection. 

And I would like to thank the so many colleagues on the Subcommittee and the Full Committee for their contributions to the 

development of this bill. 

And with that, I would urge my colleagues to support the manager’s amendment. 

[The prepared statement of Mrs. Biggert follows:] 

PREPARED STATEMENT OF REPRESENTATIVE JUDY BIGGERT

Mr. Chairman, the manager’s amendment to H.R. 610 includes technical changes 

to the bill, as well as a number of amendments offered by the minority and accepted 

by the majority after some negotiation. 

The technical changes to the bill include a correction requested by industry that 

would delete the sections referring to the Steel and Aluminum Energy Conservation 

and Technology Act. They also include a change requested by Mr. Honda that would 

replace language in the bill regarding the Next Generation Lighting Initiative with 

the language in the conference report. 

Finally, the manager’s amendment clarifies that the scholarship program, included in the bill at Mr. Rohrabacher’s request, is to entice graduate students to 

careers in the Department. 

Also included are five amendments offered by my Democratic colleagues. 

1. First is an amendment offered by Ranking Member Gordon authorizing a pilot 

program involving Oak Ridge University Associates and the DOE Office of 

Science. It would provide training opportunities for elementary and secondary 

school teachers in math, science, and engineering, and could be replicated nationwide if successful. 

2. A second amendment offered by Ranking Member Gordon would create a university research program to work in conjunction with the Tennessee Valley Authority to design and test state-of-the-art inspection and optimization techniques for 

high-voltage power lines, and thus improve electricity capacity and reliability. 

3. Third is an amendment offered by Mr. Costello and supported by industry that 

provides grants, through an open, competitive process, for the research and development of technologies to capture carbon dioxide from existing coal power 

plants and equipment. The Clean Coal Technology Program, which is already in 

the bill, is focused on new power plants only. 

4. Fourth, an amendment offered by Ms. Jackson Lee provides grants and technical 

assistance to standards development organizations to revise and update standards for high-performance buildings so they are consistent with recommendations 

from the National Institute of Building Sciences; and 

5. Finally, an amendment offered by Ms. Woolsey would promote the use of renewable energy technologies in public buildings. 

122 

I urge my colleagues to support the manager’s amendment, and I yield back the 

balance of my time. 

Chairman BOEHLERT. Thank you very much. 

Mr. Gordon. 

Mr. GORDON. Thank you, Mr. Chairman. 

And Ms. Biggert, I want to thank you for your good work in putting this en bloc amendment together. I think it is a good en bloc, 

and I will yield to any of our Members who would like to address 

specifics of this en bloc. 

Ms. Woolsey. 

Ms. WOOLSEY. Thank you. Thank you to our Ranking Member 

and our Chairman and to the Ranking Member of the Subcommittee, Ms. Biggert. 

My amendment that was included in the en bloc, H.R. 610, would 

require the Secretary of Energy to establish a program that brings 

renewable energy technology into public buildings, buildings owned 

or operated by State and local governments. This program would 

bring technologies that utilize solar, wind, geothermal, and other 

energy sources into public buildings. And by developing this program at the State and local level, we can lead by example. We can 

demonstrate the value of innovative, new energy technologies. And 

this program is based on a city in my District, Sebastopol, California, which has begun an amazing project of retrofitting many of 

its public buildings, and they are utilizing solar energy sources. I 

think most people here, all of us, realize that greater reliance on 

renewable energy and efficient energy sources would not only help 

reduce our dependence on foreign oil and relieve the overload of our 

power grids, it would also help the—our effort to curb pollution and 

to protect our environment. 

Greater reliance on energy-efficient technologies can and should 

begin in the public sector. By working toward this goal now, we 

will truly realize the promise of clean, renewable, energy dependence in our future. 

And I thank the Ranking Member and the Chair of the Energy 

Subcommittee for including this in the en bloc. Thank you very 

much. 

Mr. GORDON. Reclaiming my time, I just want to compliment Ms. 

Woolsey on bringing this issue before us. This is a better amendment for what she has done, and I yield to Mr. Costello. 

Mr. COSTELLO. I thank the Ranking Member and the Chairman 

for including the carbon sequestration provisions in the en bloc 

amendment. Let me say, Mr. Chairman, that you and I and Mr. 

Gordon have worked on these issues in the past, and I appreciate 

your openness, your willingness to accept this provision. I believe 

that the clean coal provisions and the new carbon capture program 

included in this bill will help in burning coal more efficiently and 

cleanly in the future. These cleaner coal technology initiatives encourage development of new technologies for cleaner, higher efficiency coal combustion in new and established plants, with the 

hope of achieving a healthier environment while maintaining jobs, 

not only in my District in Southern Illinois, but throughout the 

country and it will lessen our dependence on foreign oil as well develop our—and use our resources here at home. 

So I thank you, Mr. Chairman, and Mr. Gordon. 

123 

Chairman BOEHLERT. You are kindly welcome. 

Any other Members seek recognition? If not, the vote occurs on 

the amendment. All in favor, say aye. Opposed, no. The ayes have 

it. 

The next amendment on the roster is amendment number two, 

an amendment offered by the gentleman from Illinois, Mr. Costello. 

Are you ready to proceed? 

Mr. COSTELLO. Mr. Chairman, I am. Mr. Chairman, this is 

the—— 

Chairman BOEHLERT. Well, the Clerk will report the amendment. 

Ms. TESSIERI. Amendment to H.R. 610 offered by Mr. Costello of 

Illinois. 

Chairman BOEHLERT. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

The gentleman from Illinois is recognized for five minutes. 

Mr. COSTELLO. Mr. Chairman, I thank you. 

And Mr. Chairman, this is an amendment that is being offered 

by myself and my friend, Mr. Calvert from California. Mr. Chairman, this is an amendment that this Full Committee approved in 

a markup on April the 2nd of 2003. It is the same exact amendment that was approved by the Committee. 

The amendment provides for external regulation of nuclear safety and occupational safety for workers at the Department of Energy’s civilian labs. Unlike any other governmental, educational, or 

private sector research and development facilities in the United 

States, DOE’s civilian labs are not subjected to external regulation 

to help ensure safety and safe operations of their labs. They regulate themselves. DOE has a bad track record of regulating themselves. I think Members of this committee understand that. I think 

people in the industry understand it. It is well documented in testimony before this committee on many occasions. When Mr. Calvert 

was Chairman of the Subcommittee on Energy, he held hearings on 

this very topic. We have many reports from the GAO, the Inspector 

General’s Office. It is well documented that DOE does a lousy job 

of regulating itself. 

And in fact, in 1993, DOE’s then-Secretary agreed that they, in 

fact, at the Department of Energy would implement external regulation within the Department. But of course, it never happened. 

There were delays, studies. Every excuse conceivable was used, and 

in 1997, DOE ran a two-year pilot program, another study to determine the cost and benefits of external regulation. After the twoyear pilot program, both the Nuclear Regulatory Commission and 

OSHA concluded that external regulation would indeed be beneficial and that, in fact, millions of dollars would be saved by the 

Department of Energy that could be used to go into other science 

and technology programs. 

Mr. Chairman, external regulation is strongly supported by, 

number one—every single manager of every one of these labs have 

told the GAO that, in fact, they support external regulation. It 

would be good for their operation, and it would be good for their 

budget. Two, the GAO, the Nuclear Regulatory Commission, 

OSHA, and this committee have gone on record supporting external 

regulation. We need to put an end to all of the delays, the stalls, 

and all of the studies that have been conducted over at DOE. We 

124 

need to take the Department of Energy and their civilian labs and 

to monitor them and regulate them for safety reasons, as we do for 

every other research and development facility operated by the government, educational organizations, and the private sector. They 

have to comply with these external regulations, why shouldn’t the 

civilian labs at the Department of Energy? 

So I ask you, Mr. Chairman, to support this amendment, and I 

ask my colleagues to support it as well. 

Chairman BOEHLERT. Thank you very much. 

Mr. Calvert, do you wish to be heard? 

Mr. CALVERT. Yes, thank you, Mr. Chairman. 

I want to congratulate my good friend, Mr. Costello, for attempting to require external regulation of nuclear safety and occupational safety and health at the 10 non-military civilian labs for the 

Department of Energy. We have worked together on this external 

regulations for some time, and I appreciate his efforts to keep Congress focused on the goal of bringing real common sense reform to 

our civilian labs. 

Discussion of external regulations at the labs is an old idea and 

a debate that has been monitored by Congress, and specifically this 

committee, since the early 1990s. In fact, six years ago, I had the 

pleasure to chair a very educational Energy Subcommittee hearing 

on this exact topic. The Department had just finished its initial 

pilot program, demonstrated the practicability of ending the Department’s self-regulation of nuclear safety and worker safety and 

health, and highlighted the consensus among these outside of DOE 

that external regulation was the right step to take. 

As Mr. Costello noted, numerous GAO and DOE reports submitted to Congress, as well as the work of the House Appropriations Energy and Water Subcommittees, underscores what is made 

so clear at the 1999 hearing, that external regulation would provide better safety to workers and communities near labs while allowing the labs themselves to focus on science and technology. 

As Mr. Costello also noted, lab detectives tell us they could reduce their environment safety and health overhead by 30 percent. 

That means taxpayers don’t just win by having safer labs through 

this reform, we also win by seeing more of our tax dollars going toward the central mission of the labs, world-class science that 

changes the way we see the world, and even the way we live. 

Now I understand there may be Members on my side of the aisle 

that are concerned about bringing OSHA in as a regulatory body 

at our civilian science labs. I understand these concerns, as a 

former restaurant owner and operator who had to follow OSHA 

regulations to stay in business, however it is somewhat hypocritical 

for the government to require the private sector to follow the rules 

and standards for worker safety that Federal Government, in this 

case, does not follow. Shouldn’t the government abide by the same 

procedures and rules? 

So I certainly think, Mr. Chairman, that this is a good bill. Over 

10 years of congressional debate and studies examining the issues 

is more than enough. The Department of Energy should relinquish 

all worker and nuclear safety oversight for a safer and more costeffective system. 

125 

And I want to again thank Mr. Costello for his good work in this, 

and I want to thank you, Mr. Chairman, for letting me be heard 

on this. 

Chairman BOEHLERT. Thank you very much, Mr. Calvert. 

Ms. Biggert. 

Ms. BIGGERT. Thank you, Mr. Chairman. 

We debated this issue and this bill before, and I was skeptical 

then, and I remain skeptical now about the amendment. I recognize that the National Laboratories have been generally supportive, but I also know that the Department of Energy has not 

been supportive of this. And I think the National Labs are special 

precisely because they operate and maintain complex, sophisticated 

facilities and equipment that exists nowhere else in the world. And 

the Department of Energy possesses an intimate knowledge and 

understanding of these facilities and machines and the unique 

threats that they pose to worker health and safety and how best 

those threats can be neutralized or mitigated. 

And I wonder how exactly are OSHA and the NRC supposed to 

regulate and monitor such a facility and do it a way that isn’t costly, burdensome, and disruptive to those trying to use the facility. 

What entity in America wants to exchange one regulator for two 

regulators? And why exchange the regulator with expertise for two 

that start at square one. 

And I really think, and even more disturbing to me, is that the 

times have changed since 9/11. And I am concerned about national 

security and homeland security issues. As former Energy Secretary 

Abraham said, and I quote, ‘‘All DOE laboratories perform important national security work. At this time of heightened national security concerns, it would be ill advised to experiment with the transition to external regulation that, at the very least, would divert 

valuable resources.’’ 

And then there is just one other thing that bothers me just a little bit is that I do serve as the vice chair of the Work Force Protection Subcommittee of the Education Committee, which has jurisdiction over OSHA. And I question whether—and I do—and I am concerned that they would have sequential jurisdiction over this bill, 

which would have some ramifications that I don’t think we want 

to see. 

I know I am concerned—and I am concerned about the safety 

lapse that occurred at Stanford, but we can not leap to the conclusion that the accident would not have occurred on OSHA’s or the 

NRC’s watch. If it is safety and worker health that we are concerned about, then I think we should at least give the new Secretary of Energy, Mr. Bodman, an opportunity to address this 

issue. And I agree with my colleagues that this is not the last word 

on the subject of external regulation, but I don’t think this is the 

time to include this in the bill. 

And with that, I would yield back the balance of my time. 

Chairman BOEHLERT. Thank you very much. 

Ms. JACKSON LEE. Mr. Chairman. 

Chairman BOEHLERT. Ms. Jackson Lee. 

Ms. JACKSON LEE. Mr. Chairman, I don’t have an amendment, 

but I would like to strike the last word. 

Chairman BOEHLERT. Speak to the amendment? 

126 

Ms. JACKSON LEE. After the voting. We—have we passed this 

previous? 

Chairman BOEHLERT. No, no. We have the Costello amendment 

under—— 

Mr. COSTELLO. Mr. Chairman, I thought it passed by a voice 

vote. 

Ms. JACKSON LEE. And that is what I was assuming, Mr. Chairman. 

Chairman BOEHLERT. That is how they operate in Chicago. For 

Mr. Baird, the West Coast, and the Eastern Board and the East 

Coast, we don’t operate quite like that. 

But let us dispense with this, and then we will go right—— 

Ms. JACKSON LEE. Absolutely, Mr. Chairman. 

Chairman BOEHLERT. Just let me say that the Chair, I support 

the amendment, but some parliamentary issues have been raised, 

so I understand the sponsors, if I understand correctly, will withdraw it, and I think—thank them for that. And then I hope we can 

work—find another way to address the issue, because this is the— 

I think it is an important issue, but we have got to get over this 

parliamentary hurdle. 

So with that, Mr. Costello. 

Mr. COSTELLO. Mr. Chairman, thank you. And I appreciate your 

commitment to try and work in the future on this issue. And my 

colleague, Mrs. Biggert, I would say in—on your other Committee 

and where you wear your other hat, that apparently is claiming 

some jurisdiction over this issue, which they did not claim in 2003 

when we had this same amendment, I would ask you, if you would, 

to try and address this in that Committee. And when this bill ends 

up in conference, I would hope, Mr. Chairman and Mr. Gordon, 

that you would work with us, with Mr. Calvert and I, to include 

this in the final bill. It is an important issue. You know, it is disturbing to me, and should be disturbing to everyone on this committee, that we have 10 civilian labs that regulate themselves without any external regulation or oversight. 

With that, Mr. Chairman, I thank my colleague, Mr. Calvert, and 

I withdraw the amendment. 

Chairman BOEHLERT. Without objection, so ordered. 

And I thank both you and Mr. Calvert, and I thank Mrs. Biggert 

for usually—usual productive intervention. 

Now the Chair has the distinct privilege of representing—recognizing the gentlelady from Texas, Ms. Jackson Lee. 

Ms. JACKSON LEE. Thank you, Mr. Chairman. I don’t mind your 

representation as well. 

Let me thank my colleagues and Congresswoman Biggert for accepting my amendment as one of the en bloc amendments. And let 

me just briefly acknowledge, I believe that this gives us a very 

strong first statement or first start, if you will, or continuing start 

on the question of energy-efficient buildings, which all of us possess 

in our congressional Districts one way or the other, even federal 

buildings. But this amendment is to arrange for an assessment of 

how well the current voluntary consensus standards related to 

buildings reflect the latest technologies for the design, construction, 

operation, repair, and renovation of high-performance buildings. 

127 

This is valuable because we are all looking to be energy-efficient 

and energy-independent. And I hope that the Secretary of Energy 

will move expeditiously, as this legislation makes its way through 

the Congress, to begin his assessment to give us a good road map 

on how we can utilize our very precious energy resources. 

I thank my colleagues again for the acceptance of the amendment, and I yield back my time at this time. 

[The prepared statement of Ms. Jackson Lee follows:] 

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

Chairman Boehlert, Ranking Member Gordon, 

Today, I offer an amendment to H.R. 610, the Energy Research, Development, 

Demonstration, and Commercial Application Act of 2005, as part of the En Bloc 

amendments presented by Mrs. Biggert. 

My amendment requires the Secretary of Energy to arrange for an assessment of 

how well the current voluntary consensus standards related to buildings reflect the 

latest technologies for the design, construction, operation, repair, and renovation of 

high performance buildings. Included in this assessment are recommendations on 

how to accelerate the development and promulgation of voluntary consensus standards for high performance buildings. Based on this assessment, the Secretary is required to provide technical assistance and grants to support standards development 

organizations in the revision of existing standards to reflect current knowledge of 

high performance buildings and the issuance of new standards dealing with issues 

unaddressed in the existing building standards. 

Voluntary Consensus Standards (VCS) serve as the foundation of the United 

States’ standardization system and its distinctive infrastructure. These standards 

are developed by a wide range of stakeholders—including consumer and labor interests, organizations, industry, and government at all levels and all jurisdictions, 

whether federal, State or local. VCS effectively and efficiently provide technical 

guidance on the production and operation of a wide array of materials, products, 

and services across a multitude of industry sectors without burdensome government 

intervention. 

For nearly 100 years, the voluntary consensus standards system has helped to 

create a standards development community consisting of diverse private and public 

sector interests. The robust working partnerships that now exist among all nationally interested parties have led to the development of tens of thousands of voluntary 

consensus standards for the United States, the effective representation of U.S. needs 

and viewpoints in regional and international standards-setting activities, and the 

minimization or elimination of overlap and duplication in standards-setting activities. 

I believe that the amendment that I offer today will help to catalyze the development of future building codes and construction practices that will lead to buildings 

which are not only more energy efficient and economical to operate, but which also 

incorporate the appropriate homeland security technologies and resistance to natural disasters such as earthquakes, floods, and hurricanes. 

Chairman BOEHLERT. Thank you very much. 

I just wanted to thank Ms. Johnson for withdrawing her proposed amendment and continuing to work with the Committee. We 

really appreciate that. 

Are there any other amendments? 

Mr. EHLERS. Mr. Chairman. 

Chairman BOEHLERT. Dr. Ehlers. 

Mr. EHLERS. Thank you, Mr. Chairman. 

I do not have an amendment, but I just want to make a comment 

and request that you work with me on this as this goes to the 

Floor. There is a section in here dealing with competition. And the 

bill provides that the Secretary may restrict competition to certain 

classes of recipients, for example universities and National Laboratories, but must notify Congress within 30 days if a competition is 

128 

run within the one class of recipients or if the Secretary waives the 

competition requirement for any solicitation. 

I have discussed this with the Director of the Office of Science. 

I understand the reason for it, and I have no objection to the proposal. My only concern is notifying Congress 30 days after it has 

happened. And I would like to request that, as we go through the 

process on the Floor, we change that to immediate notification. 

There is no reason to delay notifying the Congress when they have 

taken this action, which is to remove competition. I think we 

should know about it right away so we can raise some objection, 

if necessary. 

Chairman BOEHLERT. Thank you very much. I look forward to 

working with you on that. 

Mr. EHLERS. I thank you. 

Chairman BOEHLERT. Are there any other amendments? Hearing 

none, the vote is on the bill, as amended, H.R. 610, Energy Research, Development, Demonstration, and Commercial Application 

Act of 2005, as amended. All of those in favor, say aye. Opposed, 

no. In the opinion of the Chair, the ayes have it. 

I will now recognize Mr. Gordon to offer a motion. 

Mr. GORDON. Mr. Chairman, I move that the Committee favorably report H.R. 610, as amended, to the House with the recommendation that the bill, as amended, do pass. Furthermore, I 

move the staff be instructed to prepare the legislative report and 

make necessary technical and conforming changes, that the Chairman take all necessary steps to bring the bill before the House for 

consideration. 

Chairman BOEHLERT. The question is on the motion to report the 

bill, as amended, favorably. Those in favor of the motion will signify by saying aye. Opposed, no. The ayes have it, and the resolution is favorably reported. 

Without objection, the motion to reconsider is laid upon the table. 

I move that Members have two subsequent calendar days in which 

to submit supplemental Minority or additional views on the measure. I move, pursuant to Clause 1 of Rule 22 of the Rules of the 

House of Representatives, that the Committee authorize the Chairman to offer such motions as may be necessary in the House to 

adopt and pass H.R. 610, Energy Research, Development, Demonstration, and Commercial Application Act of 2005, as amended. 

Without objection, so ordered. 

This concludes our hearing, and I think you will agree that we 

have handled it in an expeditious manner. I would point out it is 

in the early stages of this 109th Congress, and already, this committee has had high-profile, important hearings on the tsunami, on 

the Hubble Telescope, on fuel efficiency, and now this today. We 

are moving. We are making progress. Thank you all for your participation. The meeting is adjourned. 

[Whereupon, at 10:50 a.m., the Committee was adjourned.] 

(129) 

Appendix 

H.R. 610, SUMMARY OF H.R. 610, SECTION-BY-SECTION ANALYSIS, 

AMENDMENT ROSTER

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319 

SUMMARY OF H.R. 610, ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

COMMERCIAL APPLICATION ACT OF 2005 

The bill is based on the Science Committee’s contributions to the H.R. 6 conference report from the 108th Congress. The sections of H.R. 6 on which the Science 

Committee worked with other committees (the hydrogen title, clean coal, some vehicle provisions, ultra-deep drilling funding) are included in H.R. 610 without 

changes, other than dates and minor technical changes. H.R. 610 authorizes appropriations of just under $44 billion (B) over five years for energy research, development, and demonstration. (See chart.) 

Title I—Science: 

• Authorizes $23.7 billion for the Office of Science for fiscal years 2006–2010, 

including $1.8 B for fusion, $1.6 B for scientific computing research, and $100 

M in fiscal year 2006 for systems biology. 

• Authorizes and sets a schedule and costs for the construction and operation 

of the Rare Isotope Accelerator, for which the Department of Energy (DOE) 

is in the process of selecting a site. (new language) 

• Authorize and limits U.S. participation in ITER, the international fusion 

project. (same language as H.R. 6) 

• Authorizes basic research related to the President’s hydrogen initiative. (new 

language) 

• Establishes a scholarship for service program. (H.R. 6 language) 

Title II—Research Administration: 

• Requires cost sharing (with a Secretarial waiver permitted) of 20 percent for 

basic and applied research projects, and 50 percent for demonstration and 

commercial application projects. (H.R. 6 language) 

• Requires open competition for all DOE awards, but allows (with Congressional notification) DOE to hold competitions only within a class of institutions (i.e., just National Laboratories, or just industry, or just universities). 

(new language) 

• Prohibits the designations of new National Laboratories. (new language) 

• Requires plans for new user facilities, for existing DOE facilities, and for better coordinating DOE programs. 

Title III—Energy Efficiency: 

• Authorizes $4.0 billion for fiscal years 2006–2010, including $1.36 B for vehicle efficiency R&D, $830 M for energy efficiency R&D for buildings, and $715 

M for industrial energy efficiency R&D. It also authorizes $1.25 billion for 

R&D related to distributed energy systems, electricity transmission and distribution systems, and energy assurance. 

• Authorizes a new program to provide grants to promote the design of energy 

efficient buildings. (new language) 

• Authorizes a program to make use of batteries from electric vehicles. (H.R. 

6 language) 

Title IV—Renewable Energy: 

• Authorizes $3.91 billion for fiscal years 2006–2010, including $990 M for solar 

energy R&D, $1.51 B for bioenergy R&D, including $750 M for a biorefinery 

demonstration program, $310 M for wind energy R&D, and $150 M for geothermal energy R&D, and $800 M for a photovoltaic demonstration grant program. 

• Authorizes a new program of grants to States, which would use the money 

to award competitive grants for the demonstration of solar energy technology. 

(new language) 

Title V—Nuclear Energy Programs: 

• Authorizes $2.25 billion for fiscal years 2006–2010 for nuclear science and engineering, including R&D on advanced nuclear fuel recycling, support for nuclear science and engineering at universities, and support for improved nuclear research infrastructure and facilities. It also authorizes $1.25 B for reVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00323 Fmt 6601 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
320 

search, development, design and construction of a next generation demonstration nuclear power plant. 

• Requires plans for DOE nuclear energy facilities and for the new Idaho National Laboratory. (new language) 

• Authorizes and sets guidelines for the Next Generation Nuclear Plant program. (modified H.R. 6 language) 

Title VI—Fossil Energy: 

• Authorizes $3.1 billion for fiscal years 2006–2010 for R&D on advanced coal, 

oil and gas technologies, transportation fuels and fuel cells. It also includes 

a provision that would mandate $750 million of federal oil and gas royalty 

funds and authorize $250 million in appropriations to be used for ultra-deepwater and unconventional oil and gas research. 

• Authorizes a new program of research on ultra-deep drilling technology with 

mandatory funding. (H.R. 6 language) 

Title VII—Hydrogen: 

• Authorizes $2.15 billion for fiscal years 2006–2010 for research, development 

and demonstration required under the President’s Hydrogen Initiative, including R&D on fuel cell vehicles and hydrogen production. Requires additional planning for the Initiative. (H.R. 6 language) 

Title VIII—Advanced Vehicles: 

• Establishes a $200 M demonstration program for alternative fueled and advanced vehicles and supporting infrastructure. It also establishes a $190 M 

demonstration program of alternative fuel, clean diesel and fuel cell school 

buses, of which $55 M is for a clean diesel school bus retrofit demonstration 

program. (H.R. 6 language) 

Title IX—Clean Coal Power Initiative: 

• Authorizes $200 million per year for fiscal years 2006–2012 for R&D on advanced clean coal technology, including clean coal centers of excellence. (H.R. 

6 language) 

Title X—Improved Coordination and Management of Civilian Science and 

Technology Programs: 

• Designates the head of the Office of Science as an Assistant Secretary and 

creates an additional assistant secretary position to enable improved management of nuclear energy issues. (modified H.R. 6 language) 

321 

SECTION-BY-SECTION ANALYSIS OF H.R. 610, ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION ACT OF 2005 

Sec. 1. Short Title; Table of Contents 

Short Title: ‘‘Energy Research, Development, Demonstration, and Commercial Application Act of 2005’’. 

Subsection (b) contains the table of contents for the Act’s 10 titles. 

Sec. 2. Definitions 

Defines terms used in the Act. 

TITLE I—SCIENCE 

Sec. 101. Office of Science Programs 

Authorizes Office of Science programs in high energy physics, nuclear physics, biological and environmental research, basic energy sciences, advanced scientific computing research, and fusion energy sciences. It also provides for facilities and infrastructure support and activities in education, outreach, information, analysis and coordination. This section also requires the Secretary to construct and operate a Rare 

Isotope Accelerator (RIA). Total RIA construction costs are capped $1.1 billion (B) 

and construction must commence no later than September 30, 2008. 

Sec. 102. Systems Biology Program 

Authorizes a program in Systems biology including genetics, protein science, and 

computational biology. Directs the program to identify biological processes that 

could be developed for energy- and environment-related applications. Prohibits the 

program from conducting biomedical research or research on human cells. 

Sec. 103. Catalysis Research and Development Program 

Authorizes a catalysis science program, including catalyst design and synthesis 

using experimental approaches, as well as computational design at the nanoscale. 

Sec. 104. Hydrogen 

Authorizes fundamental research and development (R&D) within the Office of 

Science to support the hydrogen program described in Title VII. 

Sec. 105. Advanced Scientific Computing Research 

Authorizes an advanced scientific computing research program including activities 

authorized in the Department of Energy High-End Computing Revitalization Act of 

2004, and research in applied mathematics. 

Sec. 106. Fusion Energy Sciences Program 

Directs DOE to develop a program and submit a fusion energy science research 

plan to Congress. Authorizes the Secretary to join the international fusion experiment known as ITER, and mandates that any agreement between U.S. and its 

international partners must meet specific requirements to protect U.S. economic and 

scientific interests. The restrictions on any possible agreement are enforced by prohibiting U.S. funding for ITER construction until the Secretary has submitted to 

Congress the research plan, the international agreement for U.S. participation in 

ITER, a description of ITER’s management structure, and a report describing how 

ITER will be funded without reducing funding for other programs, including other 

fusion programs, in the Office of Science. Provides for a domestic magnetic fusion 

burning plasma experiment if the Secretary determines that construction and operation of ITER is unlikely or infeasible. 

Sec. 107. Science and Technology Scholarship Program 

Creates a program in which students receive scholarships in exchange for a commitment to work for DOE upon completion of their degrees. Scholarship recipients 

are obligated to work two years for each year of scholarship they receive. 

Sec. 108. Office of Scientific and Technical Information 

Requires the Secretary to maintain the Office of Scientific and Technical Information. 

Sec. 109. Authorization of Appropriations 

Authorizes $23.7 B for fiscal years (FY) 2006–2010 for the Office of Science. From 

this amount, $1.65 B is allocated for advanced scientific computing research, $1.82 

B for fusion energy sciences, $8.4 million (M) for the science and technology scholarship program and $39 M for the Office of Scientific and Technical Information. 

322 

TITLE II—RESEARCH ADMINISTRATION AND 

OPERATIONS 

Sec. 201. Cost Sharing 

Requires minimum non-federal contributions of 20 percent of the cost of R&D, and 

50 percent for demonstration and commercial application projects. Allows the Secretary to reduce these requirements based on either technical barriers or the nature 

of the research being sponsored (fundamental, inherently non-proprietary research). 

Sec. 202. Reprogramming 

Requires the Secretary to report to Congress 60 days after appropriations are enacted describing how appropriated funds will be distributed under this authorization. Requires 30-day Congressional review for any Departmental request that exceeds two percent or $2 million to move money between programs. 

Sec. 203. Merit-Based Competition 

Requires all funding under this Act be competitively awarded after an impartial 

merit review. The Secretary may restrict competitions to certain classes of recipients 

(e.g., universities, national laboratories) but must notify Congress within 30 days if 

a competition is run within only one class of recipients or if the Secretary waives 

the competition requirement for any solicitation. 

Sec. 204. External Technical Review of Departmental Programs 

Requires the Secretary to establish new or designate existing advisory committees 

to review the programs for energy efficiency R&D, renewable energy R&D, nuclear 

energy R&D and fossil energy R&D. For the Office of Science, it requires that the 

Secretary maintain existing scientific program advisory committees, report to Congress on any plans to change these committees’ membership requirements, and create a new overall science advisory committee that includes members from the existing committees. Requires a National Academy of Sciences review and assessment 

of all the programs under this Act. 

Sec. 205. Competitive Award of Management Contracts 

Requires competitive award of management and operations contracts for non-defense National Laboratories unless the Secretary provides a waiver and Congress 

is notified two months in advance. 

Sec. 206. National Laboratory Designation 

Prohibits the Secretary from designating any new National Laboratories. 

Sec. 207. Report on Equal Employment Opportunity Practices 

Requires the Secretary to submit to Congress a comprehensive report on equal opportunity practices at the National Laboratories. 

Sec. 208. User Facility Best Practices Plan 

Requires the Secretary to submit a plan to Congress describing how each new 

user facility will provide appropriate staff to support a wide range of users; a fair 

method for allocating time to users; and safe and fiscally prudent operations. 

Sec. 209. Support for Science and Energy Infrastructure and Facilities 

Requires the Secretary to develop and implement a strategy for maintaining, closing, modifying, or constructing infrastructure and facilities at each non-military National Laboratory and Department research facility, and to transmit to Congress a 

summary of this strategy not later than June 1, 2007. 

Sec. 210. Coordination Plan 

Requires the Secretary to develop a plan to improve coordination and collaboration for all research, development, demonstration and commercial application activities among the Office and Science and the applied programs at the Department. 

Sec. 211. Availability of Funds 

Requires that if funds appropriated for activities under this title remain unused 

after three years, the funds must be returned to the Treasury. 

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TITLE III—ENERGY EFFICIENCY 

Subtitle A—Vehicles, Buildings and Industries 

Sec. 301. Programs 

Authorizes energy efficiency R&D programs related to vehicles, buildings, and industrial energy use. Requires the Secretary to transmit to Congress a report containing quantifiable five-year cost and performance goals for these programs, and 

annual reports describing progress in achieving these goals. 

Sec. 302. Vehicles 

Authorizes R&D programs on advanced technologies to improve the energy efficiency and environmental performance of light-duty and heavy-duty vehicles. 

Sec. 303. Buildings 

Authorizes a program of R&D to improve the energy efficiency of buildings. The 

program is required to use a whole-buildings approach, integrating work on elements including advanced controls, building envelope, building systems components 

and on-site generation of renewable energy. It also authorizes a Next Generation 

Lighting Initiative and to establish a pilot grant program for the demonstration of 

advanced energy efficiency technologies for buildings. 

Sec. 304. Industries 

Authorizes R&D programs to improve the energy efficiency, environmental performance and process efficiency of major energy-consuming industries, including advanced control technologies for electric motors. Reauthorizes the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988. 

Sec. 305. Demonstration and Commercial Application 

Requires the Secretary to promote demonstration and commercial application of 

innovative, cost-effective energy efficiency technologies, including through grants to 

non-profit institutions, State and local governments, universities, or consortia for 

Advanced Energy Technology Transfer Centers. The Secretary is required to report 

to Congress on the results of these activities. 

Sec. 306. Secondary Electric Vehicle Battery Use Program 

Authorizes an R&D program to facilitate the reuse of batteries from electric vehicles for other purposes, such as bulk power and commercial power storage. 

Sec. 307. Definitions 

Defines ‘‘cost-effective’’ for the purposes of this title. 

Sec. 308. Authorization of Appropriations 

Authorizes $4.0 B for the energy efficiency R&D programs under this subtitle for 

FY 2006–2010. Of this amount, $1.36 B is allocated for Vehicles; $830 M for Buildings, including $50 M for the Energy Efficient Building Pilot Grant Program; $715 

M is for Industrial Technologies, including $6 M for an Electric Motor Control Technology Program; $50 M is for Demonstration and Commercial Application; and $32 

M is for a Secondary Electric Vehicle Battery Program. 

Sec. 309. Limitation on Use of Funds 

Prohibits the use of any of the funds authorized under this subtitle for programs 

funded under other authorities. 

Subtitle B—Distributed Energy and Electric Energy Systems 

Sec. 321. Distributed Energy 

Authorizes an R&D program to improve grid reliability technologies, and on systems to improve the reliability and efficiency of distributed energy resources. Requires the Secretary to make competitive merit-based grants to consortia for the development of residential combined heat and power technologies. 

Sec. 322. Electricity Transmission and Distribution and Energy Assurance 

Authorizes an R&D program on advanced control devices to improve the energy 

efficiency and reliability of the electric transmission and distribution systems. 

Sec. 323. Authorization of Appropriations 

Authorizes $1.25 B for the Distributed Energy and Electric Energy Systems programs for FY 2006–2010, including $40 M for Micro-cogeneration and $745 M for 

Electricity Transmission and Distribution and Energy Assurance. 

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TITLE IV—RENEWABLE ENERGY 

Sec. 401. Findings 

This Section contains the findings of Congress with respect to the relationship between United States investment in renewable energy and competitiveness in the 

world market, job impacts, energy Security and reliability, and environmental impacts. 

Sec. 402. Definitions 

Defines ‘‘biobased product’’ and ‘‘cellulosic biomass’’ for the purposes of this title. 

Sec. 403. Programs 

Authorizes renewable energy R&D programs with the objectives of increased conversion efficiency, decreased generation and delivery costs, promotion of energy supply diversity, improved United States energy security and environmental sustainability. Requires the Secretary to transmit to Congress a report containing quantifiable five-year cost and performance goals for these programs, and thereafter annual 

reports describing progress in achieving these goals. 

Sec. 404. Solar 

Authorizes R&D programs for solar energy, including for photovoltaics, heating, 

and concentrating solar power. Requires the programs to focus on the integration 

of photovoltaic technologies into buildings and manufacturing techniques for the 

production of low-cost, high-quality solar systems. 

Sec. 405. Bioenergy Programs 

Authorizes R&D programs for cellulosic biomass, including for the production of 

heat, electricity, fuels and biobased products. Establishes, in partnership with industry, a biomass integrated refinery demonstration program consisting of at least 

five integrated biorefineries. 

Sec. 406. Wind 

Authorizes R&D programs for wind energy, including offshore wind energy, low 

speed wind energy, testing and verification, and distributed wind energy generation. 

Requires the Secretary to construct a wind turbine test facility. 

Sec. 407. Geothermal 

Authorizes an R&D program for geothermal energy, focusing on developing improved and low-cost technologies for geothermal installations. 

Sec. 408. Photovoltaic Demonstration Program 

Establishes a grant program to States for the demonstration of advanced photovoltaic solar energy technology. All states that meet the requirements of the program are eligible to receive funding. States are required to award funds in a competitive allocation to eligible recipients and to require a contribution of at least 60 

percent per award from non-federal sources. No award may be more than $1 million, 

and unexpended funds will be returned to the Treasury after three years. The Secretary is required to report to Congress on the costs and results of this program 

after five years. 

Sec. 409. Additional Programs 

Authorizes R&D programs for ocean energy (including wave energy), kinetic hydro 

turbines, and the combined use of renewable energy technologies with other energy 

technologies. Requires the Secretary to commission a National Academy of Sciences 

study on renewable generation of ocean energy including wave, tidal, current and 

thermal energy. 

Sec. 410. Analysis and Evaluation 

Requires the Secretary to conduct analysis and evaluation in support of renewable 

energy programs under this title for guiding budget and program decisions. 

Sec. 411. Authorization of Appropriations 

Authorizes $3.91 B for FY 2006–2010 to carry out all activities under this title. 

Of these funds, $990 M is allocated for the solar programs in section 404, $1.51 B 

is for the bioenergy program is section 405, including $750 M for the biorefinery 

demonstration program, $310 M is for the wind program in section 406, including 

$41 M for the wind facility, $150 M is for the geothermal program in section 407, 

and $800 M is for the photovoltaic demonstration program in section 408. 

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TITLE V—NUCLEAR ENERGY PROGRAMS 

Sec. 501. Definition 

Defines ‘‘junior faculty’’ for the purposes of this title. 

Sec. 502. Programs 

Authorizes civilian nuclear energy research, development, demonstration and commercial application programs with the objectives of promoting the viability of nuclear energy, reducing the likelihood of nuclear proliferation, maintaining excellence 

in nuclear research at universities and the National Labs, maintaining state-of-theart nuclear research facilities and infrastructure, supporting industry and reducing 

environmental impacts. Requires the Secretary to transmit to Congress a report containing quantifiable five-year cost and performance goals for these programs, and 

thereafter annual reports describing progress in achieving these goals. 

Subtitle A—Nuclear Energy Research Programs 

Sec. 511. Advanced Fuel Recycling Program 

Authorizes a R&D program on nuclear fuel recycling technologies that would reduce the risk of nuclear proliferation, and minimize environmental and public 

health and safety impacts. 

Sec. 512. University Nuclear Science and Engineering Support 

Requires the Secretary to support new and existing programs to promote university research and education in nuclear engineering, including supporting university 

research reactors. 

Sec. 513. University-National Laboratory Interactions 

Establishes a fellowship program for professors to spend time at the National 

Labs in the areas of nuclear science and technology and for National Lab staff to 

spend time in related departments at universities. 

Sec. 514. Nuclear Power 2010 Program 

Requires the Secretary to carry out a Nuclear Program 2010 Program to encourage industry to license and deploy a new power plant by 2010. 

Sec. 515. Generation IV Nuclear Energy Systems Initiative 

Requires the Secretary to carry out a Generation IV Nuclear Energy Systems Initiative, an R&D program for passively safe, proliferation-resistant nuclear plant designs. 

Sec. 516. Civilian Infrastructure and Facilities 

Requires the Secretary to operate and maintain infrastructure and facilities to 

support nuclear energy research, development, demonstration and commercial application. 

Sec. 517. Nuclear Energy Research and Development Infrastructure Plan 

Requires the Secretary to develop a plan for facilities improvements and investments that will be required to establish the programs under this title as among the 

best in the world in nuclear research. 

Sec. 518. Idaho National Laboratory Facilities Plan 

Requires the Secretary to develop a plan for the facilities at the Idaho National 

Laboratory, taking into account resources at other National Laboratories. 

Sec. 519. Authorization of Appropriations 

Authorizes $2.25 B for FY 2006–2019 to carry out the activities under this subtitle. Of those funds, $244 M is allocated for university support described in section 

512. 

Subtitle B—Next Generation Nuclear Plant Program 

Sec. 531. Definitions 

Defines ‘‘demonstration plant,’’ ‘‘construction,’’ and ‘‘operation’’ for the purposes of 

this subtitle. 

Sec. 532. Next Generation Nuclear Power Plant 

Authorizes a program of research, development, demonstration and commercial 

application of advanced nuclear reactor technology. The objective is to design and 

demonstrate the next generation of nuclear fission power plant. 

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Sec. 533. Advisory Committee 

Requires the Secretary to appoint an advisory committee for the Next Generation 

Nuclear Power Plant program. 

Sec. 534. Program Requirements 

Describes the requirements for the program under this subtitle, including the requirements for program elements, partnerships, plans for construction and operation, international collaboration and program plan. 

Sec. 535. Authorization of appropriations 

This section authorizes $750 M for FY 2006–2010 to carry out the activities under 

this subtitle, in addition to such sums as necessary with a limit of $500 M for construction activities. 

TITLE VI—FOSSIL ENERGY 

Subtitle A—Research Programs 

Sec. 601. Enhanced Fossil Energy Research and Development Programs 

Authorizes programs, to be run in conjunction with industry, of fossil energy research, development, demonstration and commercial application programs, including 

for coal, oil, natural gas, transportation fuels and fuel cells. The objectives of these 

programs shall include increasing the conversion efficiency of all forms of fossil energy, decreasing costs, promoting diversity of energy supply, improving U.S. energy 

security and reducing environmental impacts. Requires the Secretary to transmit to 

Congress a report containing quantifiable five-year cost and performance goals for 

these programs, and thereafter annual reports describing progress in achieving 

these goals. 

Sec. 602. Fossil Research and Development 

Authorizes a program of fossil energy research, development, demonstration and 

commercial application to reduce emissions from fossil fuel, including from coalbased products, through the development of advanced technologies by 2015. 

Sec. 603. Oil and Gas Research and Development 

Authorizes a program of oil and gas research, development, demonstration and 

commercial application to advance the science and technology available to domestic 

petroleum producers. 

Sec. 604. Transportation Fuels 

Authorizes a program of transportation fuel research, development, demonstration 

and commercial application to increase the price elasticity of oil supply and demand. 

Sec. 605. Fuel Cells 

Authorizes R&D programs on fuel cells for low-cost, high-efficiency fuel-flexible, 

modular power systems. Requires a demonstration of fuel cell proton exchange 

membrane technology for various applications. 

Sec. 606. Authorization of Appropriations 

Authorizes $3.1 B for FY 2006–2010 to carry out the fossil energy programs described in this subtitle. 

Subtitle B—Ultra-Deepwater and Unconventional Natural Gas and 

Other Petroleum Resources 

Sec. 611. Program Authority 

Authorizes programs on ultra-deepwater and unconventional natural gas and 

other petroleum resource exploration, production and environmental mitigation. 

Limits the programs to work in areas currently eligible to be leased for exploration 

and requires consultation with the Secretary of the Interior. Requires a study to determine if methane hydrates research should be carried out under this Act. 

Sec. 612. Ultra-Deepwater Program 

Describes how the ultra-deepwater program should be carried out, assigning responsibilities to the Secretary and a private consortium that may be selected by the 

Secretary to help manage the program. Establishes procedures to address conflicts 

of interest. 

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Sec. 613. Unconventional Natural Gas And Other Petroleum Resources Program 

Requires the Secretary to establish a separate R&D program for onshore unconventional oil and gas exploration for resources in economically inaccessible areas. 

Sec. 614. Additional Requirements for Awards 

Establishes requirements for applicants to the ultra-deepwater program to describe the intended commercial use of any technology to be demonstrated under the 

Act, and provides flexibility concerning the location of demonstration projects in 

deepwater depths of less than 1,500 meters and allows reduction of cost sharing for 

independent producers. 

Sec. 615. Advisory Committees 

Requires the Secretary to establish two separate advisory committees for ultradeepwater and unconventional resource programs and specifies their duties and 

compensation levels for their members. 

Sec. 616. Limits on Participation 

Limits participation in the program to U.S. companies or foreign companies that 

are based in countries that allow reciprocity. 

Sec. 617. Sunset 

Terminates the ultra-deepwater and unconventional research programs on September 30, 2015. 

Sec. 618. Definitions 

Defines ‘‘deepwater,’’ ‘‘independent producer of oil and gas,’’ ‘‘program consortium,’’ ‘‘remote or inconsequential,’’ ‘‘small producer,’’ ‘‘ultra-deepwater,’’ ‘‘ultra-deepwater architecture,’’ ‘‘ultra-deepwater technology,’’ and ‘‘unconventional natural gas 

and other petroleum resources’’ for the purposes of this subtitle. 

Sec. 619. Funding 

Establishes in the Treasury an Ultra-Deepwater and Unconventional Natural Gas 

and Other Petroleum Resources Fund, including a mandatory provision that requires, after other obligations, $750 million of federal oil and gas royalty funds, and 

authorizes appropriations of $250 million to be used for ultra-deepwater and unconventional oil and gas research. 

TITLE VII—HYDROGEN 

Sec. 701. Definitions 

Defines ‘‘advisory committee,’’ ‘‘fuel cell,’’ ‘‘infrastructure,’’ and ‘‘light duty vehicle’’ 

for the purposes of this title. 

Sec. 702. Plan 

Requires the Secretary to submit a detailed plan to Congress describing the program’s research agenda, the technical milestones used to evaluate the performance 

of the program, and the role that national laboratories, universities, small businesses and other partners will play. 

Sec. 703. Programs 

Authorizes a research, development, demonstration, and commercial application 

program for hydrogen-powered fuel cell vehicles and the refueling infrastructure to 

support them, with the goal of enabling the automotive industry to make a decision 

to bring such vehicles to market by 2015. Specifies activities related to hydrogen 

production, delivery, and storage and the development of fuel cell technologies and 

the necessary codes and standards. Establishes project selection criteria for a hydrogen demonstration program. Requires a competitive merit review process and specifies cost sharing requirements. 

Sec. 704. Interagency Task Force 

Establishes an interagency task forced, chaired by the Secretary, to assist in the 

implementation of the hydrogen program. 

Sec. 705. Advisory Committee 

Establishes an advisory committee, comprising representatives from domestic industry, academia, professional societies, government agencies and other organizations, to provide advice to the Secretary. 

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Sec. 706. External Review 

Requires a competitively selected non-governmental body, such as the National 

Academy of Sciences, to review the program’s research plan and conduct a biennial 

review of the progress made by the program. 

Sec. 707. Miscellaneous Provisions 

Requires the Secretary to avoid unnecessary duplication when carrying out the activities under this Act, authorizes the Secretary to enter into cost-sharing agreements with other governments, authorizes the Secretary to represent the United 

States, and provides that nothing in the Act alters the Department’s regulatory authority. 

Sec. 708. Savings Clause 

Clarifies that nothing in this title shall be construed to affect the authority of the 

Secretary of Transportation with respect to vehicles or transportation regulations of 

any type, or research activities supported by the Department of Transportation. 

Sec. 709. Authorization of Appropriations 

Authorizes $2.15 B for the program for FY 2006–2010. 

TITLE VIII—ADVANCED VEHICLES 

Subtitle A—Pilot Program 

Sec. 801. Definitions 

Defines ‘‘alternative fueled vehicle,’’ ‘‘fuel cell vehicle,’’ ‘‘hybrid vehicle,’’ ‘‘neighborhood electric vehicle,’’ ‘‘ultra-low sulfur diesel vehicles,’’ and ‘‘pilot program’’ for the 

purposes of this subtitle. 

Sec. 802. Pilot Program 

Establishes a competitive grant program to provide not more than 15 geographically dispersed demonstration projects for state and local governments or metropolitan transportation authorities. Grants can be utilized for the demonstration of alternative fueled vehicles, fuel cell vehicles, hybrid vehicles, ultra-low sulfur diesel vehicles and infrastructure associated with alternative fueled, fuel cell and hybrid vehicle projects. Establishes additional requirements for grants. 

Sec. 803. Reports to Congress 

Requires the Secretary to issue a report to Congress on the grants in Sec. 802 

as well as evaluations of the effectiveness of the program. 

Sec. 804. Authorization of Appropriations 

Authorizes $200 M to carry out subtitle A, to remain available until expended. 

Subtitle B—Clean School Buses 

Sec. 811. Definitions 

Defines ‘‘Administrator,’’ ‘‘alternative fuel,’’ ‘‘alternative fuel school bus,’’ ‘‘emissions control retrofit technology,’’ ‘‘idling,’’ ‘‘ultra-low sulfur diesel fuel’’ and ‘‘ultralow sulfur diesel fuel school bus’’ for the purposes of this subtitle. 

Sec. 812. Program for Replacement of Certain School Buses with Clean 

School Buses 

Establishs a program for awarding grants to eligible recipients for the demonstration and commercial application of alternative fuel school buses and ultra-low sulfur 

diesel fuel school buses. Use of funds for alternative fuel infrastructure is limited 

to 25 percent of the price of the alternative fuel school buses acquired. To carry out 

this section, $110 M is authorized for FY 2006–2007. 

Sec. 813. Diesel Retrofit Program 

Requires the Secretary and the Administrator of the Environmental Protection 

Agency to establish a pilot program for awarding grants to eligible recipients for the 

demonstration and commercial application of retrofit technologies for ultra-low sulfur diesel school buses. To carry out this section, $55 M is authorized for FY 2006– 

2007. 

Sec. 814. Fuel Cell School Buses 

Requires the Secretary to establish a program to enter into cooperative agreements for the development and demonstration of fuel cell-powered buses. Cost sharVerDate Aug 04 2004 21:08 Aug 10, 2005 Jkt 022718 PO 00000 Frm 00332 Fmt 6601 Sfmt 6621 E:\HR\OC\HR216P1.XXX HR216P1
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ing under this provision is specified with regard to infrastructure and demonstration 

activities. To carry out this section, $25 M is authorized for FY 2006–2008. 

Subtitle C—Fuel Cell Transit Bus Demonstration 

Sec. 821. Fuel Cell Transit Bus Demonstration 

Requires the Secretary to establish a transit bus demonstration program to demonstrate not more than 12 fuel cell transit buses (and necessary infrastructure) in 

three geographically dispersed localities. To carry out this section, $50 M is authorized for FY 2006–2010. 

TITLE IX—CLEAN COAL 

Sec. 901. Authorization of Appropriations 

Authorizes $1.4 B for a Clean Coal Power Initiative at the Department for FY 

2006–2012. Requires the Secretary to transmit a report, including a ten-year research plan, to Congress regarding certain implementation activities. 

Sec. 902. Project Criteria 

Establishes technical criteria that are to be required for projects funded under the 

Clean Coal Power Initiative. Requires that the Secretary, in consultation with certain parties, set technical milestones specifying the emissions levels that projects 

must be designed to and reasonably expected to achieve. Establishes financial assistance criteria applicable to projects, and limits the federal share of a project to 

not more than 50 percent of the cost of a project. Provides for environmental criteria 

by clarifying the manner in which technology used at, or emissions reduction levels 

achieved by, facilities receiving assistance under title V are treated under sections 

111, 169, and 171 of the Clean Air Act. 

Sec. 903. Report 

Requires the Secretary, in consultation with other appropriate agencies, to transmit a report to Congress on the technical milestones and the status of projects funded under title IX no later than one year after the date of the enactment of the title, 

and once every two years thereafter through 2012. 

Sec. 904. Clean Coal Centers of Excellence 

Requires the Secretary to award competitive, merit-based grants to universities 

for the establishment of Centers of Excellence for Energy Systems of the Future. 

Requires that the Secretary provide grants to universities that can show the greatest potential for advancing new clean coal technologies. 

TITLE X—IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND TECHNOLOGY PROGRAMS 

Sec. 1001. Improved Coordination and Management of Civilian Science and 

Technology Programs 

Amends the Department of Energy Organization Act to elevate the position of Director of the Office of Science to an Assistant Secretary. Increases the overall number of Assistant Secretaries in the Department from six to eight, and expresses the 

Sense of Congress that leadership for departmental missions in nuclear energy 

should be at the Assistant Secretary level. 

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DESCRIPTION OF EN BLOC AMENDMENT OFFERED BY MRS. BIGGERT TO

H.R. 610, THE ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

COMMERCIAL APPLICATION ACT OF 2005 

The first four cut and bite amendments are technical corrections to the base bill. 

Amendment to ‘‘Sec. 107. Science and Technology Scholarship Program.’’ 

This amendment clarifies that the scholarship program is for graduate students. 

Amendment to Sec. 109 ‘‘Science and Engineering Pilot Program.’’ 

This amendment sets up a pilot program at Oak Ridge National Laboratory, run 

by a university consortium, to help science teachers. The program can be expanded 

nationwide, on a competitive basis in fiscal year 2008. Authorizes $4 million per 

year for fiscal years 2006 through 2008, and $8 million per year for fiscal years 2009 

and 2010. 

The next six cut and bite amendments are technical corrections to the base bill. 

Amendment to Sec. 303 ‘‘Next Generation Lighting Initiative.’’ 

The next amendment strikes the solid-state lighting initiative language in H.R. 

610; Next Generation Lighting language from the H.R. 6 conference report is inserted later in the bill. 

Amendment to Sec. 303 ‘‘Standardization Report and Program.’’ 

This amendment sets up a program to see if building codes can be changed to improve the energy efficiency and other qualities of buildings. Under the program, the 

National Institute of Building Sciences (NIBS) would conduct research evaluating 

current voluntary consensus standards for high-performance buildings. Based on 

that evaluation, Department of Energy (DOE) would provide grants and technical 

assistance to codewriting organizations that wanted to improve the ability of their 

codes to result in higher performing buildings. 

Amendment to Sec. 303 ‘‘strike subsection (c)’’ Reauthorization of the Steel 

and Aluminum Energy Conservation and Technology Competitiveness Act 

of 1988. 

This amendment strikes the reauthorization of the Steel and Aluminum Energy 

Conservation and Technology Competitiveness Act of 1988. 

Amendment to Sec. 307 ‘‘Next Generation Lighting Initiative.’’ 

This section puts the Next Generation Lighting language from the H.R. 6 conference report back in the bill. In the program, the Secretary would select an industry alliance to provide direction to the research, to make sure the research is useful 

for commercial products. Members of the industry alliance would also have the first 

shot at licensing any patents that result from the research. Authorizes $20 million 

in fiscal year 2006, $30 million in fiscal year 2007, and $50 million in fiscal years 

2008 through 2010. 

The next two cut and bite amendments are technical corrections to the base bill, 

including technical corrections to definitions of terms used in the Act. 

Amendment to Sec. 308, ‘‘strike ‘In addition to the sums authorized in the 

Steel and Aluminum Energy Conservation and Technology Competitiveness 

Act of 1988...’ ’’ 

This amendment strikes the authorizations of appropriations for the activities described by the previously stricken reauthorization of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988. It also inserts authorizations of appropriations for the previously inserted Next Generation Lighting 

Initiative. 

Amendment to Sec. 322 ‘‘(c) High Voltage Transmission Lines.’’ 

This amendment requires the Secretary to award a grant to a university research 

program to design and test techniques for optimizing power flow through existing 

high voltage transmission lines. 

The next cut and bite amendment authorizes an additional $2 million in fiscal 

year 2006 for the high voltage transmission line grant program described above. 

The next ten cut and bite amendments are technical corrections to the base bill. 

Amendment to ‘‘Sec. 409. Additional Programs.’’ 

360 

This amendment inserts a program to encourage the demonstration of renewable 

energy in State and local government buildings. This program was included in the 

H.R. 6 conference report. 

Amendment to Title VI, Subtitle A, Fossil Energy Research Programs, ‘‘Sec. 606. 

Carbon Dioxide Capture Research and Development.’’ 

This amendment authorizes research and development aimed at developing carbon dioxide capture technologies that could be used on existing coal-fired power 

plants. 

The next amendment is technical in nature and the last two cut and bite amendments authorize $150 million for the Carbon Dioxide Capture Research and Development described above for fiscal years 2006–2010. 

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DESCRIPTION OF AMENDMENT OFFERED BY MR. COSTELLO AND MR. CALVERT TO

H.R. 610, ENERGY RESEARCH DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL

APPLICATION ACT OF 2005 

External Regulation of Department of Energy (DOE) nonmilitary energy laboratories. 

‘‘Sec. 212. External Regulation of Department.’’ 

This amendment would eliminate DOE’s regulatory and enforcement authority 

with respect to nuclear safety, and occupational safety and health responsibilities 

at nonmilitary energy laboratories owned or operated by DOE, effective two years 

after the date of enactment of the Act. At that time, nuclear safety regulatory and 

enforcement responsibilities at those laboratories would be assumed by the Nuclear 

Regulatory Commission (NRC), while the Occupational Safety and Health Administration (OSHA) would assume regulatory and enforcement responsibility at those 

laboratories for matters related to the Occupational Safety and Health Act of 1970. 

The amendment gives both NRC and OSHA authority to regulate DOE contractors, 

while exempting contractors from costs and other liabilities associated with decommissioning a nuclear facility at a DOE owned or operated nonmilitary energy laboratory. The amendment provides for a two-year transition period during which 

OSHA and NRC will develop a memorandum of understanding to clearly delineate 

their responsibilities. The amendment requires the Government Accountability Office to periodically report to Congress on DOE’s progress in implementing these requirements. 

Æ