I 

108TH CONGRESS 

1ST SESSION H. R. 238

To provide for Federal energy research, development, demonstration, and 

commercial application activities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. BOEHLERT (for himself and Mr. HALL) introduced the following bill; 

which was referred to the Committee on Science, and in addition to the 

Committee on Resources, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for Federal energy research, development, demonstration, and commercial application activities, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Research, De5 velopment, Demonstration, and Commercial Application 

6 Act of 2003’’.
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1 TITLE I—RESEARCH AND 

2 DEVELOPMENT 

3 SEC. 101. PURPOSES. 

4 The purposes of this title are to—

5 (1) contribute to a national energy strategy 

6 through an energy research and development pro7 gram that supports basic energy research and pro8 vides mechanisms to develop, demonstrate, and pro9 mote the commercial application of new energy tech10 nologies in partnership with industry; 

11 (2) protect and strengthen the Nation’s econ12 omy, standard of living, and national security by re13 ducing dependence on imported energy; 

14 (3) meet future needs for energy services at the 

15 lowest total cost to the Nation, giving balanced and 

16 comprehensive consideration to technologies that im17 prove the efficiency of energy end uses and that en18 hance energy supply; 

19 (4) reduce the environmental impacts of energy 

20 production, distribution, transportation, and use; 

21 (5) help increase domestic production of energy, 

22 increase the availability of hydrocarbon reserves, and 

23 lower energy prices; and 
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1 (6) stimulate economic growth and enhance the 

2 ability of United States companies to compete in fu3 ture markets for advanced energy technologies. 

4 SEC. 102. GOALS. 

5 (a) IN GENERAL.—In order to achieve the purposes 

6 of this title, the Secretary shall conduct a balanced set 

7 of programs of energy research, development, demonstra8 tion, and commercial application, guided by the following 

9 goals: 

10 (1) ENERGY EFFICIENCY.—

11 (A) BUILDINGS.—Develop, in partnership 

12 with industry, technologies, designs, and pro13 duction methods that will enable an average 25 

14 percent increase by 2010 in the energy effi15 ciency of all new buildings, as compared to a 

16 new building in 1996. 

17 (B) INDUSTRY.—Develop, in partnership 

18 with industry, technologies, designs, and pro19 duction methods that will enable the energy in20 tensity of the major energy-consuming indus21 tries to improve by at least 25 percent by 2010 

22 as compared to 1991. 

23 (C) VEHICLES.—Develop, in partnership 

24 with industry, technologies that will enable—
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1 (i) by 2010, mid-sized passenger auto2 mobiles with a fuel economy of 80 miles 

3 per gallon; 

4 (ii) by 2010, light trucks (classes 1 

5 and 2a) with a fuel economy of 60 miles 

6 per gallon; 

7 (iii) by 2010, medium trucks and 

8 buses (classes 2b through 6 and class 8 

9 transit buses) with a fuel economy, in ton10 miles per gallon for trucks and passenger 

11 miles per gallon for buses, that is 3 times 

12 that of year 2000 equivalent vehicles; 

13 (iv) by 2010, heavy trucks (classes 7 

14 and 8) with a fuel economy, in ton-miles 

15 per gallon, that is 2 times that of year 

16 2000 equivalent vehicles; and 

17 (v) by 2015, mid-sized fuel cell pow18 ered passenger vehicles with a gasoline 

19 equivalent fuel economy of 110 miles per 

20 gallon. 

21 (2) DISTRIBUTED ENERGY AND ELECTRIC EN22 ERGY SYSTEMS.—

23 (A) DISTRIBUTED GENERATION.—Develop, 

24 in partnership with industry, technologies based 

25 on natural gas that achieve electricity gener-
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1 ating efficiencies greater than 40 percent by 

2 2015 for on-site, or distributed, generation 

3 technologies. 

4 (B) ELECTRIC ENERGY SYSTEMS AND

5 STORAGE.—Develop, in partnership with indus6 try—

7 (i) technologies for generators and 

8 transmission, distribution, and storage sys9 tems that combine high capacity with high 

10 efficiency (particularly for electric trans11 mission facilities in rural and remote 

12 areas); 

13 (ii) new transmission and distribution 

14 technologies, including flexible alternating 

15 current transmission systems, composite 

16 conductor materials, advanced protection 

17 devices, and controllers; 

18 (iii) technologies for interconnection 

19 of distributed energy resources with elec20 tric power systems; 

21 (iv) high-temperature superconducting 

22 materials for power delivery equipment 

23 such as transmission and distribution ca24 bles, transformers, and generators; and
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1 (v) real-time transmission and dis2 tribution system control technologies that 

3 provide for continual exchange of informa4 tion between generation, transmission, dis5 tribution, and end-user facilities. 

6 (3) RENEWABLE ENERGY.—

7 (A) WIND POWER.—Develop, in partner8 ship with industry, technologies and designs 

9 that will—

10 (i) reduce the cost of wind power by 

11 40 percent by 2007 as compared to 2000; 

12 and 

13 (ii) expand utilization of class 3 and 4 

14 winds. 

15 (B) PHOTOVOLTAICS.—Develop, in part16 nership with industry, total photovoltaic sys17 tems with installed costs of $4000 per peak kil18 owatt by 2005 and $2000 per peak kilowatt by 

19 2015. 

20 (C) SOLAR THERMAL ELECTRIC SYS21 TEMS.—Develop, in partnership with industry, 

22 solar power technologies (including baseload 

23 solar power) that combine high-efficiency and 

24 high-temperature receivers with advanced ther-
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1 mal storage and power cycles to accommodate 

2 peak loads and reduce lifecycle costs. 

3 (D) GEOTHERMAL ENERGY.—Develop, in 

4 partnership with industry, technologies and 

5 processes based on advanced hydrothermal sys6 tems and advanced heat and power systems, in7 cluding geothermal or ground source heat pump 

8 technology, with a specific focus on—

9 (i) improving exploration and charac10 terization technology to increase the prob11 ability of drilling successful wells from 20 

12 percent to 40 percent by 2006; 

13 (ii) reducing the cost of drilling by 

14 2008 to an average cost of $150 per foot; 

15 and 

16 (iii) developing enhanced geothermal 

17 systems technology with the potential to 

18 double the usable geothermal resource 

19 base, as compared to the date of enact20 ment of this Act. 

21 (E) HYDROGEN.—Carry out the Spark M. 

22 Matsunaga Hydrogen Research, Development, 

23 and Demonstration Act of 1990 and title II of 

24 the Hydrogen Future Act of 1996, as amended 

25 by this Act. 
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1 (F) BIOMASS-BASED POWER SYSTEMS.—

2 Develop, in partnership with industry, inte3 grated power generating systems, advanced con4 version, and feedstock technologies capable of 

5 producing electric power that is cost-competitive 

6 with fossil-fuel generated electricity by 2010, 

7 through co-production of fuels, chemicals, and 

8 other products under subparagraph (G). 

9 (G) BIOFUELS.—Develop, in partnership 

10 with industry, new and emerging technologies 

11 and biotechnology processes capable of mak12 ing—

13 (i) gaseous and liquid biofuels that 

14 are price-competitive, by 2010, with gaso15 line or diesel in either internal combustion 

16 engines or fuel cells; and 

17 (ii) biofuels, biobased polymers, and 

18 chemicals, including those derived from 

19 lignocellulosic feedstock, with particular 

20 emphasis on developing biorefineries that 

21 use enzyme-based processing systems. 

22 (H) HYDROPOWER.—Develop, in partner23 ship with industry, a new generation of turbine 

24 technologies that will increase generating capac-
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1 ity and be less damaging to fish and aquatic 

2 ecosystems. 

3 (4) FOSSIL ENERGY.— 

4 (A) POWER GENERATION.—Develop, in 

5 partnership with industry, technologies, includ6 ing precombustion technologies, by 2015 with 

7 the capability of realizing—

8 (i) electricity generating efficiencies of 

9 75 percent (lower heating value) for nat10 ural gas; and 

11 (ii) widespread commercial application 

12 of combined heat and power with thermal 

13 efficiencies of more than 85 percent (high14 er heating value). 

15 (B) OFFSHORE OIL AND GAS RE16 SOURCES.—Develop, in partnership with indus17 try, technologies to—

18 (i) extract methane hydrates in coast19 al waters of the United States; and 

20 (ii) develop natural gas and oil re21 serves in the ultra-deepwater of the Cen22 tral and Western Gulf of Mexico, with a 

23 focus on improving, while lowering costs 

24 and reducing environmental impacts, the 

25 safety and efficiency of—
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1 (I) the recovery of ultra-deep2 water resources; and 

3 (II) sub-sea production tech4 nology used for such recovery. 

5 (C) ONSHORE OIL AND GAS RESOURCES.—

6 Advance the science and technology available to 

7 domestic onshore petroleum producers, particu8 larly independent producers of oil or gas, 

9 through—

10 (i) advances in technology for explo11 ration and production of domestic petro12 leum resources, particularly those not ac13 cessible with current technology; 

14 (ii) improvement in the ability to ex15 tract hydrocarbons (including heavy oil) 

16 from known reservoirs and classes of res17 ervoirs; and 

18 (iii) development of technologies and 

19 practices that reduce the impact on the en20 vironment from petroleum exploration and 

21 production. 

22 (D) TRANSPORTATION FUELS.—Increase 

23 the availability of transportation fuels by focus24 ing research on—
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1 (i) reducing the cost of producing 

2 transportation fuels from coal and natural 

3 gas; and 

4 (ii) indirect liquefaction of coal and 

5 biomass. 

6 (5) NUCLEAR ENERGY.—

7 (A) EXISTING REACTORS.—Support re8 search to extend the lifetimes of existing United 

9 States nuclear power reactors, and increase 

10 their reliability while optimizing their current 

11 operations for greater efficiencies. 

12 (B) ADVANCED REACTORS.—Develop, in 

13 partnership with industry—

14 (i) advanced, efficient, lower cost, and 

15 passively safe reactor designs; 

16 (ii) proliferation-resistant and high17 burn-up nuclear fuels; and 

18 (iii) technologies to minimize genera19 tion of radioactive materials and improve 

20 the management of nuclear waste. 

21 (C) NUCLEAR SCIENTISTS AND ENGI22 NEERS.—Attract new students and faculty to 

23 the nuclear sciences, nuclear engineering, and 

24 related fields (including health physics, nuclear 
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1 medicine, nuclear chemistry, and 

2 radiochemistry). 

3 (b) REVIEW AND ASSESSMENT OF GOALS.—

4 (1) EVALUATION AND MODIFICATION.—Based 

5 on amounts appropriated and developments in 

6 science and technology, the Secretary shall evaluate 

7 the goals set forth in subsection (a) at least once 

8 every 5 years, and shall report to the Congress any 

9 proposed modifications to the goals. 

10 (2) CONSULTATION.—In evaluating and pro11 posing modifications to the goals as provided in 

12 paragraph (1), the Secretary shall solicit public 

13 input. 

14 (3) PUBLIC COMMENT.—(A) After consultation 

15 under paragraph (2), the Secretary shall publish in 

16 the Federal Register a set of draft modifications to 

17 the goals for public comment. 

18 (B) Not later than 60 days after the date of 

19 publication of draft modifications under subpara20 graph (A), and after consideration of any public 

21 comments received, the Secretary shall publish the 

22 final modifications, including a summary of the pub23 lic comments received, in the Federal Register. 

24 (4) EFFECTIVE DATE.—No modification to 

25 goals under this section shall take effect before the 
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1 date which is 5 years after the date of enactment of 

2 this Act. 

3 (c) EFFECT OF GOALS.—(1) Nothing in paragraphs 

4 (1) through (5) of subsection (a), or any subsequent modi5 fication to the goals therein pursuant to subsection (b), 

6 shall—

7 (A) create any new—

8 (i) authority for any Federal agency; or 

9 (ii) requirement for any other person; 

10 (B) be used by a Federal agency to support the 

11 establishment of regulatory standards or regulatory 

12 requirements; or 

13 (C) alter the authority of the Secretary to make 

14 grants or other awards. 

15 (2) Nothing in this subsection shall be construed to 

16 limit the authority of the Secretary to impose conditions 

17 on grants or other awards based on the goals in subsection 

18 (a) or any subsequent modification thereto. 

19 SEC. 103. DEFINITIONS. 

20 For purposes of this title: 

21 (1) DEPARTMENT.—The term ‘‘Department’’ 

22 means the Department of Energy. 

23 (2) DEPARTMENTAL MISSION.—The term ‘‘de24 partmental mission’’ means any of the functions 

25 vested in the Secretary of Energy by the Depart-
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1 ment of Energy Organization Act (42 U.S.C. 7101 

2 et seq.) or other law. 

3 (3) INDEPENDENT PRODUCER OF OIL OR

4 GAS.—

5 (A) IN GENERAL.—The term ‘‘independent 

6 producer of oil or gas’’ means any person who 

7 produces oil or gas other than a person to 

8 whom subsection (c) of section 613A of the In9 ternal Revenue Code of 1986 does not apply by 

10 reason of paragraph (2) (relating to certain re11 tailers) or paragraph (4) (relating to certain re12 finers) of section 613A(d) of such Code. 

13 (B) RULES FOR APPLYING PARAGRAPHS (2)

14 AND (4) OF SECTION 613A(d).—For purposes of 

15 subparagraph (A), paragraphs (2) and (4) of 

16 section 613A(d) of the Internal Revenue Code 

17 of 1986 shall be applied by substituting ‘‘cal18 endar year’’ for ‘‘taxable year’’ each place it ap19 pears in such paragraphs. 

20 (4) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘‘institution of higher education’’ has the 

22 meaning given that term in section 101(a) of the 

23 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

24 (5) JOINT VENTURE.—The term ‘‘joint ven25 ture’’ has the meaning given that term under section 
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1 2 of the National Cooperative Research and Produc2 tion Act of 1993 (15 U.S.C. 4301). 

3 (6) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ means any of the following lab5 oratories owned by the Department: 

6 (A) Ames National Laboratory. 

7 (B) Argonne National Laboratory. 

8 (C) Brookhaven National Laboratory. 

9 (D) Fermi National Laboratory. 

10 (E) Idaho National Engineering and Envi11 ronmental Laboratory. 

12 (F) Lawrence Berkeley National Labora13 tory. 

14 (G) Lawrence Livermore National Labora15 tory. 

16 (H) Los Alamos National Laboratory. 

17 (I) National Energy Technology Labora18 tory. 

19 (J) National Renewable Energy Labora20 tory. 

21 (K) Oak Ridge National Laboratory. 

22 (L) Pacific Northwest National Labora23 tory. 

24 (M) Princeton Plasma Physics Laboratory. 

25 (N) Sandia National Laboratories.
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1 (O) Thomas Jefferson National Accel2 erator Facility. 

3 (7) NONMILITARY ENERGY LABORATORY.—The 

4 term ‘‘nonmilitary energy laboratory’’ means any of 

5 the following laboratories of the Department: 

6 (A) Ames National Laboratory. 

7 (B) Argonne National Laboratory. 

8 (C) Brookhaven National Laboratory. 

9 (D) Fermi National Laboratory. 

10 (E) Lawrence Berkeley National Labora11 tory. 

12 (F) Oak Ridge National Laboratory. 

13 (G) Pacific Northwest National Labora14 tory. 

15 (H) Princeton Plasma Physics Laboratory. 

16 (I) Stanford Linear Accelerator Center. 

17 (J) Thomas Jefferson National Accelerator 

18 Facility. 

19 (8) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Energy. 

21 (9) SINGLE-PURPOSE RESEARCH FACILITY.—

22 The term ‘‘single-purpose research facility’’ means 

23 any of the following primarily single-purpose entities 

24 owned by the Department: 

25 (A) East Tennessee Technology Park. 
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1 (B) Environmental Measurement Labora2 tory. 

3 (C) Fernald Environmental Management 

4 Project. 

5 (D) Kansas City Plant. 

6 (E) Nevada Test Site. 

7 (F) New Brunswick Laboratory. 

8 (G) Pantex Weapons Facility. 

9 (H) Savannah River Technology Center. 

10 (I) Stanford Linear Accelerator Center. 

11 (J) Y–12 facility at Oak Ridge National 

12 Laboratory. 

13 (K) Waste Isolation Pilot Plant. 

14 (L) Any other similar organization of the 

15 Department designated by the Secretary that 

16 engages in technology transfer, partnering, or 

17 licensing activities. 

18 Subtitle A—Energy Efficiency 

19 PART 1—AUTHORIZATION OF APPROPRIATIONS 

20 SEC. 104. ENERGY EFFICIENCY. 

21 (a) IN GENERAL.—The following sums are author22 ized to be appropriated to the Secretary for energy effi23 ciency and conservation research, development, dem24 onstration, and commercial application activities, includ25 ing activities authorized under this subtitle: 
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1 (1) For fiscal year 2003, $560,000,000. 

2 (2) For fiscal year 2004, $616,000,000. 

3 (3) For fiscal year 2005, $695,000,000. 

4 (4) For fiscal year 2006, $772,000,000. 

5 (5) For fiscal year 2007, $865,000,000. 

6 (b) ALLOCATIONS.—From amounts authorized under 

7 subsection (a), the following sums are authorized: 

8 (1) LIGHTING SYSTEMS.—For activities under 

9 section 105, $10,000,000 for fiscal year 2003 and 

10 $50,000,000 for each of fiscal years 2004 through 

11 2007. 

12 (2) SECONDARY ELECTRIC VEHICLE BATTERY

13 USE PROGRAM.—For activities under section 108—

14 (A) for fiscal year 2003, $1,000,000; 

15 (B) for fiscal year 2004, $4,000,000; 

16 (C) for fiscal year 2005, $7,000,000; 

17 (D) for fiscal year 2006, $7,000,000; and 

18 (E) for fiscal year 2007, $7,000,000. 

19 (3) ENERGY EFFICIENCY SCIENCE INITIA20 TIVE.—For activities under section 110—

21 (A) for fiscal year 2003, $15,000,000; 

22 (B) for fiscal year 2004, $20,000,000; 

23 (C) for fiscal year 2005, $25,000,000; 

24 (D) for fiscal year 2006, $30,000,000; and 

25 (E) for fiscal year 2007, $35,000,000. 
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1 (c) EXTENDED AUTHORIZATION.—There are author2 ized to be appropriated to the Secretary for activities 

3 under section 105, $50,000,000 for each of fiscal years 

4 2008 through 2012. 

5 (d) LIMITS ON USE OF FUNDS.—None of the funds 

6 authorized to be appropriated under this section may be 

7 used for—

8 (1) the promulgation and implementation of en9 ergy efficiency regulations; 

10 (2) the Weatherization Assistance Program 

11 under part A of title IV of the Energy Conservation 

12 and Production Act; 

13 (3) the State Energy Program under part D of 

14 title III of the Energy Policy and Conservation Act; 

15 or 

16 (4) the Federal Energy Management Program 

17 under part 3 of title V of the National Energy Con18 servation Policy Act. 

19 PART 2—LIGHTING SYSTEMS

20 SEC. 105. NEXT GENERATION LIGHTING INITIATIVE. 

21 (a) IN GENERAL.—The Secretary shall carry out a 

22 Next Generation Lighting Initiative in accordance with 

23 this section to support research, development, demonstra24 tion, and commercial application activities related to ad-
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1 vanced solid-state lighting technologies based on white 

2 light emitting diodes. 

3 (b) OBJECTIVES.—The objectives of the initiative 

4 shall be—

5 (1) to develop, by 2012, advanced solid-state 

6 lighting technologies based on white light emitting 

7 diodes that, compared to incandescent and fluores8 cent lighting technologies, are—

9 (A) longer lasting; 

10 (B) more energy-efficient; and 

11 (C) cost-competitive; 

12 (2) to develop an inorganic white light emitting 

13 diode that has an efficiency of 160 lumens per watt 

14 and a 10-year lifetime; and 

15 (3) to develop an organic white light emitting 

16 diode with an efficiency of 100 lumens per watt with 

17 a 5-year lifetime that—

18 (A) illuminates over a full color spectrum; 

19 (B) covers large areas over flexible sur20 faces; and 

21 (C) does not contain harmful pollutants, 

22 such as mercury, typical of fluorescent lamps. 

23 (c) FUNDAMENTAL RESEARCH.—

24 (1) CONSORTIUM.—The Secretary shall carry 

25 out the fundamental research activities of the Next
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1 Generation Lighting Initiative through a private 

2 consortium (which may include private firms, trade 

3 associations and institutions of higher education), 

4 which the Secretary shall select through a competi5 tive process. Each proposed consortium shall submit 

6 to the Secretary such information as the Secretary 

7 may require, including a program plan agreed to by 

8 all participants of the consortium. 

9 (2) JOINT VENTURE.—The consortium shall be 

10 structured as a joint venture among the participants 

11 of the consortium. The Secretary shall serve on the 

12 governing council of the consortium. 

13 (3) ELIGIBILITY.—To be eligible to be selected 

14 as the consortium under paragraph (1), an applicant 

15 must be broadly representative of United States 

16 solid-state lighting research, development, and man17 ufacturing expertise as a whole. 

18 (4) GRANTS.—(A) The Secretary shall award 

19 grants for fundamental research to the consortium, 

20 which the consortium may disburse to researchers, 

21 including those who are not participants of the con22 sortium. 

23 (B) To receive a grant, the consortium must 

24 provide a description to the Secretary of the pro-
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1 posed research and list the parties that will receive 

2 funding. 

3 (C) Grants shall be matched by the consortium 

4 pursuant to section 182. 

5 (5) NATIONAL LABORATORIES.—National Lab6 oratories may participate in the research described 

7 in this section, and may receive funds from the con8 sortium. 

9 (6) INTELLECTUAL PROPERTY.—Participants in 

10 the consortium and the Federal Government shall 

11 have royalty-free nonexclusive rights to use intellec12 tual property derived from research funded pursuant 

13 to this subsection. 

14 (d) DEVELOPMENT, DEMONSTRATION, AND COM15 MERCIAL APPLICATION.—The Secretary shall carry out 

16 the development, demonstration, and commercial applica17 tion activities of the Next Generation Lighting Initiative 

18 through awards to private firms, trade associations, and 

19 institutions of higher education. In selecting awardees, the 

20 Secretary may give preference to members of the consor21 tium selected pursuant to subsection (c). 

22 (e) PLANS AND ASSESSMENTS.—(1) The consortium 

23 shall formulate an annual operating plan which shall in24 clude research priorities, technical milestones, and plans 
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1 for technology transfer, and which shall be subject to ap2 proval by the Secretary. 

3 (2) The Secretary shall enter into an arrangement 

4 with the National Academy of Sciences to conduct periodic 

5 reviews of the Next Generation Lighting Initiative. The 

6 Academy shall review the research priorities, technical 

7 milestones, and plans for technology transfer established 

8 under paragraph (1) and evaluate the progress toward 

9 achieving them. The Secretary shall consider the results 

10 of such reviews in evaluating the plans submitted under 

11 paragraph (1). 

12 (f) AUDIT.—The Secretary shall retain an inde13 pendent, commercial auditor to perform an audit of the 

14 consortium to determine the extent to which the funds au15 thorized by this section have been expended in a manner 

16 consistent with the purposes of this section. The auditor 

17 shall transmit a report annually to the Secretary, who 

18 shall transmit the report to the Congress, along with a 

19 plan to remedy any deficiencies cited in the report. 

20 (g) SUNSET.—The Next Generation Lighting Initia21 tive shall terminate no later than September 30, 2013. 

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

23 (1) ADVANCED SOLID-STATE LIGHTING.—The 

24 term ‘‘advanced solid-state lighting’’ means a 

25 semiconducting device package and delivery system 
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1 that produces white light using externally applied 

2 voltage. 

3 (2) FUNDAMENTAL RESEARCH.—The term 

4 ‘‘fundamental research’’ includes basic research on 

5 both solid-state materials and manufacturing proc6 esses. 

7 (3) INORGANIC WHITE LIGHT EMITTING

8 DIODE.—The term ‘‘inorganic white light emitting 

9 diode’’ means an inorganic semiconducting package 

10 that produces white light using externally applied 

11 voltage. 

12 (4) ORGANIC WHITE LIGHT EMITTING DIODE.—

13 The term ‘‘organic white light emitting diode’’ 

14 means an organic semiconducting compound that 

15 produces white light using externally applied voltage. 

16 PART 3—BUILDINGS

17 SEC. 106. NATIONAL BUILDING PERFORMANCE INITIATIVE. 

18 (a) INTERAGENCY GROUP.—Not later than 3 months 

19 after the date of enactment of this Act, the Director of 

20 the Office of Science and Technology Policy shall establish 

21 an interagency group to develop, in coordination with the 

22 advisory committee established under subsection (e), a 

23 National Building Performance Initiative (in this section 

24 referred to as the ‘‘Initiative’’). The interagency group 

25 shall be cochaired by appropriate officials of the Depart-
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1 ment and the Department of Commerce, who shall jointly 

2 arrange for the provision of necessary administrative sup3 port to the group. 

4 (b) INTEGRATION OF EFFORTS.—The Initiative shall 

5 integrate Federal, State, and voluntary private sector ef6 forts to reduce the costs of construction, operation, main7 tenance, and renovation of commercial, industrial, institu8 tional, and residential buildings. 

9 (c) PLAN.—Not later than 1 year after the date of 

10 enactment of this Act, the interagency group shall submit 

11 to Congress a plan for carrying out the appropriate Fed12 eral role in the Initiative. The plan shall include—

13 (1) research, development, demonstration, and 

14 commercial application of systems and materials for 

15 new construction and retrofit relating to the building 

16 envelope and building system components; and 

17 (2) the collection, analysis, and dissemination of 

18 research results and other pertinent information on 

19 enhancing building performance to industry, govern20 ment entities, and the public. 

21 (d) DEPARTMENT OF ENERGY ROLE.—Within the 

22 Federal portion of the Initiative, the Department shall be 

23 the lead agency for all aspects of building performance re24 lated to use and conservation of energy. 

25 (e) ADVISORY COMMITTEE.—
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1 (1) ESTABLISHMENT.—The Director of the Of2 fice of Science and Technology Policy shall establish 

3 an advisory committee to—

4 (A) analyze and provide recommendations 

5 on potential private sector roles and participa6 tion in the Initiative; and 

7 (B) review and provide recommendations 

8 on the plan described in subsection (c). 

9 (2) MEMBERSHIP.—Membership of the advisory 

10 committee shall include representatives with a broad 

11 range of appropriate expertise, including expertise 

12 in—

13 (A) building research and technology; 

14 (B) architecture, engineering, and building 

15 materials and systems; and 

16 (C) the residential, commercial, and indus17 trial sectors of the construction industry. 

18 (f) CONSTRUCTION.—Nothing in this section provides 

19 any Federal agency with new authority to regulate build20 ing performance. 

21 PART 4—VEHICLES 

22 SEC. 107. DEFINITIONS. 

23 For purposes of this part, the term—

24 (1) ‘‘battery’’ means an energy storage device 

25 that previously has been used to provide motive 
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1 power in a vehicle powered in whole or in part by 

2 electricity; and 

3 (2) ‘‘associated equipment’’ means equipment 

4 located where the batteries will be used that is nec5 essary to enable the use of the energy stored in the 

6 batteries. 

7 SEC. 108. ESTABLISHMENT OF SECONDARY ELECTRIC VE8 HICLE BATTERY USE PROGRAM. 

9 (a) PROGRAM.—The Secretary shall establish and 

10 conduct a research, development, demonstration, and com11 mercial application program for the secondary use of bat12 teries. Such program shall be—

13 (1) designed to demonstrate the use of batteries 

14 in secondary application, including utility and com15 mercial power storage and power quality; 

16 (2) structured to evaluate the performance, in17 cluding useful service life and costs, of such bat18 teries in field operations, and evaluate the necessary 

19 supporting infrastructure, including reuse and dis20 posal of batteries; and 

21 (3) coordinated with ongoing secondary battery 

22 use programs at the National Laboratories and in 

23 industry. 

24 (b) SOLICITATION.—(1) Not later than 6 months 

25 after the date of the enactment of this Act, the Secretary 
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1 shall solicit proposals to demonstrate the secondary use 

2 of batteries and associated equipment and supporting in3 frastructure in geographic locations throughout the 

4 United States. The Secretary may make additional solici5 tations for proposals if the Secretary determines that such 

6 solicitations are necessary to carry out this section. 

7 (2)(A) Proposals submitted in response to a solicita8 tion under this section shall include—

9 (i) a description of the project, including the 

10 batteries to be used in the project, the proposed lo11 cations and applications for the batteries, the num12 ber of batteries to be demonstrated, and the type, 

13 characteristics, and estimated life-cycle costs of the 

14 batteries compared to other energy storage devices 

15 currently used; 

16 (ii) the contribution, if any, of State or local 

17 governments and other persons to the demonstration 

18 project; 

19 (iii) the type of associated equipment and sup20 porting infrastructure to be demonstrated; and 

21 (iv) any other information the Secretary con22 siders appropriate. 

23 (B) If the proposal includes a lease arrangement, the 

24 proposal shall indicate the terms of such lease arrange25 ment for the batteries and associated equipment. 
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1 (c) SELECTION OF PROPOSALS.—(1)(A) The Sec2 retary shall, not later than 3 months after the closing date 

3 established by the Secretary for receipt of proposals under 

4 subsection (b), select at least 5 proposals to receive finan5 cial assistance under this section. 

6 (B) No one project selected under this section shall 

7 receive more than 25 percent of the funds authorized 

8 under this section. No more than 3 projects selected under 

9 this section shall demonstrate the same battery type. 

10 (2) In selecting a proposal under this section, the 

11 Secretary shall consider—

12 (A) the ability of the proposer to acquire the 

13 batteries and associated equipment and to success14 fully manage and conduct the demonstration project, 

15 including satisfying the reporting requirements set 

16 forth in paragraph (3)(B); 

17 (B) the geographic and climatic diversity of the 

18 projects selected; 

19 (C) the long-term technical and competitive via20 bility of the batteries to be used in the project and 

21 of the original manufacturer of such batteries; 

22 (D) the suitability of the batteries for their in23 tended uses; 
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1 (E) the technical performance of the batteries, 

2 including the expected additional useful life and the 

3 batteries’ ability to retain energy; 

4 (F) the environmental effects of the use of and 

5 disposal of the batteries proposed to be used in the 

6 project selected; 

7 (G) the extent of involvement of State or local 

8 government and other persons in the demonstration 

9 project and whether such involvement will—

10 (i) permit a reduction of the Federal cost 

11 share per project; or 

12 (ii) otherwise be used to allow the Federal 

13 contribution to be provided to demonstrate a 

14 greater number of batteries; and 

15 (H) such other criteria as the Secretary con16 siders appropriate. 

17 (3) CONDITIONS.—The Secretary shall require that—

18 (A) as a part of a demonstration project, the 

19 users of the batteries provide to the proposer infor20 mation regarding the operation, maintenance, per21 formance, and use of the batteries, and the proposer 

22 provide such information to the battery manufac23 turer, for 3 years after the beginning of the dem24 onstration project;
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•HR 238 IH 

1 (B) the proposer provide to the Secretary such 

2 information regarding the operation, maintenance, 

3 performance, and use of the batteries as the Sec4 retary may request; 

5 (C) the proposer provide to the Secretary such 

6 information regarding the disposal of the batteries 

7 as the Secretary may require to ensure that the pro8 poser disposes of the batteries in accordance with 

9 applicable law; and 

10 (D) the proposer provide at least 50 percent of 

11 the costs associated with the proposal. 

12 SEC. 109. ADVANCED VEHICLE TECHNOLOGY. 

13 The Secretary shall expand research and development 

14 programs of the Department related to advanced vehicle 

15 technologies, including—

16 (1) fuel cells, including high temperature mem17 branes for fuel cells and fuel cell auxiliary power 

18 systems, and hydrogen storage; 

19 (2) vehicle engine systems and emission control 

20 systems; 

21 (3) batteries and power electronics for hybrid 

22 vehicles; 

23 (4) combustion and after-treatment technologies 

24 for use in direct injected gasoline and diesel fueled 

25 motor vehicles; and 
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•HR 238 IH 

1 (5) other advanced fuels and materials. 

2 PART 5—ENERGY EFFICIENCY SCIENCE 

3 INITIATIVE 

4 SEC. 110. ENERGY EFFICIENCY SCIENCE INITIATIVE. 

5 (a) ESTABLISHMENT.—The Secretary shall establish 

6 an Energy Efficiency Science Initiative to be managed by 

7 the Assistant Secretary in the Department with responsi8 bility for energy conservation under section 203(a)(9) of 

9 the Department of Energy Organization Act (42 U.S.C. 

10 7133(a)(9)), in consultation with the Director of the Of11 fice of Science, for grants to be competitively awarded and 

12 subject to peer review for research relating to energy effi13 ciency. 

14 (b) REPORT.—The Secretary shall submit to the Con15 gress, along with the President’s annual budget request 

16 under section 1105(a) of title 31, United States Code, a 

17 report on the activities of the Energy Efficiency Science 

18 Initiative, including a description of the process used to 

19 award the funds and an explanation of how the research 

20 relates to energy efficiency. 
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1 Subtitle B—Distributed Energy and 

2 Electric Energy Systems 

3 PART 1—AUTHORIZATION OF APPROPRIATIONS 

4 SEC. 111. DISTRIBUTED ENERGY AND ELECTRIC ENERGY 

5 SYSTEMS. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated to the Secretary for distributed 

8 energy and electric energy systems activities, including ac9 tivities authorized under this subtitle: 

10 (1) For fiscal year 2003, $155,000,000. 

11 (2) For fiscal year 2004, $190,000,000. 

12 (3) For fiscal year 2005, $200,000,000. 

13 (4) For fiscal year 2006, $220,000,000. 

14 (5) For fiscal year 2007, $240,000,000. 

15 (b) MICRO-COGENERATION ENERGY TECH16 NOLOGY.—From amounts authorized under subsection 

17 (a), $2,000,000 for fiscal year 2003 and $20,000,000 for 

18 fiscal year 2004 shall be available for activities under sec19 tion 114. 

20 PART 2—DISTRIBUTED POWER

21 SEC. 112. STRATEGY. 

22 (a) REQUIREMENT.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary shall develop 

24 and transmit to the Congress a strategy for a comprehen25 sive research, development, demonstration, and commer-
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•HR 238 IH 

1 cial application program to develop hybrid distributed 

2 power systems that combine—

3 (1) one or more renewable electric power gen4 eration technologies of 10 megawatts or less located 

5 near the site of electric energy use; and 

6 (2) nonintermittent electric power generation 

7 technologies suitable for use in a distributed power 

8 system. 

9 (b) CONTENTS.—The strategy shall—

10 (1) identify the needs best met with such hybrid 

11 distributed power systems and the technological bar12 riers to the use of such systems; 

13 (2) provide for the development of methods to 

14 design, test, integrate into systems, and operate 

15 such hybrid distributed power systems; 

16 (3) include, as appropriate, research, develop17 ment, demonstration, and commercial application on 

18 related technologies needed for the adoption of such 

19 hybrid distributed power systems, including energy 

20 storage devices and environmental control tech21 nologies; and 

22 (4) describe how activities under the strategy 

23 will be integrated with other research, development, 

24 demonstration, and commercial application activities 
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•HR 238 IH 

1 supported by the Department of Energy related to 

2 electric power technologies. 

3 SEC. 113. HIGH POWER DENSITY INDUSTRY PROGRAM. 

4 The Secretary shall establish a comprehensive re5 search, development, demonstration, and commercial ap6 plication program to improve energy efficiency of high 

7 power density facilities, including data centers, server 

8 farms, and telecommunications facilities. Such program 

9 shall consider technologies that provide significant im10 provement in thermal controls, metering, load manage11 ment, peak load reduction, or the efficient cooling of elec12 tronics. 

13 SEC. 114. MICRO-COGENERATION ENERGY TECHNOLOGY. 

14 The Secretary shall make competitive, merit-based 

15 grants to consortia for the development of micro-cogenera16 tion energy technology. The consortia shall explore the use 

17 of small-scale combined heat and power in residential 

18 heating appliances. 

19 PART 3—TRANSMISSION SYSTEMS

20 SEC. 115. TRANSMISSION INFRASTRUCTURE SYSTEMS RE21 SEARCH, DEVELOPMENT, DEMONSTRATION, 

22 AND COMMERCIAL APPLICATION. 

23 (a) PROGRAM AUTHORIZED.—The Secretary shall de24 velop and implement a comprehensive research, develop25 ment, demonstration, and commercial application program
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•HR 238 IH 

1 to promote improved reliability and efficiency of electrical 

2 transmission systems. Such program may include—

3 (1) advanced energy technologies, materials, 

4 and systems; 

5 (2) advanced grid reliability and efficiency tech6 nology development; 

7 (3) technologies contributing to significant load 

8 reductions; 

9 (4) advanced metering, load management, and 

10 control technologies; 

11 (5) technologies to enhance existing grid compo12 nents; 

13 (6) the development and use of high-tempera14 ture superconductors to—

15 (A) enhance the reliability, operational 

16 flexibility, or power-carrying capability of elec17 tric transmission or distribution systems; or 

18 (B) increase the efficiency of electric en19 ergy generation, transmission, distribution, or 

20 storage systems; 

21 (7) integration of power systems, including sys22 tems to deliver high-quality electric power, electric 

23 power reliability, and combined heat and power; 

24 (8) any other infrastructure technologies, as ap25 propriate; and 
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•HR 238 IH 

1 (9) technology transfer and education. 

2 (b) PROGRAM PLAN.—Not later than 1 year after the 

3 date of the enactment of this Act, the Secretary, in con4 sultation with other appropriate Federal agencies, shall 

5 prepare and transmit to Congress a 5-year program plan 

6 to guide activities under this section. In preparing the pro7 gram plan, the Secretary shall consult with utilities, en8 ergy services providers, manufacturers, institutions of 

9 higher education, other appropriate State and local agen10 cies, environmental organizations, professional and tech11 nical societies, and any other persons the Secretary con12 siders appropriate. 

13 (c) REPORT.—Not later than 2 years after the trans14 mittal of the plan under subsection (b), the Secretary shall 

15 transmit a report to Congress describing the progress 

16 made under this section and identifying any additional re17 sources needed to continue the development and commer18 cial application of transmission infrastructure tech19 nologies. 

20 Subtitle C—Renewable Energy 

21 PART 1—AUTHORIZATION OF APPROPRIATIONS 

22 SEC. 121. RENEWABLE ENERGY. 

23 (a) IN GENERAL.—The following sums are author24 ized to be appropriated to the Secretary for renewable en25 ergy research, development, demonstration, and commer-
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•HR 238 IH 

1 cial application activities, including activities authorized 

2 under this subtitle, including the amounts authorized 

3 under the amendments made by sections 124 and 125: 

4 (1) For fiscal year 2003, $390,000,000. 

5 (2) For fiscal year 2004, $460,000,000. 

6 (3) For fiscal year 2005, $510,000,000. 

7 (4) For fiscal year 2006, $560,000,000. 

8 (5) For fiscal year 2007, $609,000,000. 

9 (b) BIOENERGY.—From the amounts authorized 

10 under subsection (a), the following sums are authorized 

11 to be appropriated to carry out section 122 and section 

12 176: 

13 (1) For fiscal year 2003, $117,800,000. 

14 (2) For fiscal year 2004, $135,425,000. 

15 (3) For fiscal year 2005, $155,600,000. 

16 (4) For fiscal year 2006, $167,650,000. 

17 (5) For fiscal year 2007, $180,000,000. 

18 (c) LIMITS ON USE OF FUNDS.—

19 (1) EXCLUSION.—None of the funds authorized 

20 to be appropriated under this section may be used 

21 for Renewable Support and Implementation. 

22 (2) BIOENERGY.—Of the funds authorized 

23 under subsection (b), not less than $5,000,000 for 

24 each fiscal year shall be made available for grants to 
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•HR 238 IH 

1 Historically Black Colleges and Universities, Tribal 

2 Colleges, and Hispanic-Serving Institutions. 

3 (3) RURAL AND REMOTE LOCATIONS.—In car4 rying out this section, the Secretary, in consultation 

5 with the Secretary of Agriculture, shall demonstrate 

6 the use of advanced wind power technology, biomass, 

7 geothermal energy systems, and other renewable en8 ergy technologies to assist in delivering electricity to 

9 rural and remote locations. 

10 PART 2—BIOENERGY 

11 SEC. 122. BIOENERGY PROGRAMS. 

12 The Secretary shall conduct a program of research, 

13 development, demonstration, and commercial application 

14 for bioenergy, including—

15 (1) biopower energy systems; 

16 (2) biofuels; 

17 (3) integrated applications of both biopower and 

18 biofuels; 

19 (4) cross-cutting research and development in 

20 feedstocks; and 

21 (5) economic analysis. 

22 PART 3—HYDROGEN

23 SEC. 123. SHORT TITLE. 

24 This part may be cited as the ‘‘George E. Brown, 

25 Jr. and Robert S. Walker Hydrogen Future Act of 2003’’. 
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•HR 238 IH 

1 SEC. 124. MATSUNAGA ACT AMENDMENT. 

2 The Spark M. Matsunaga Hydrogen Research, Devel3 opment, and Demonstration Act of 1990 (42 U.S.C. 

4 12401 et seq.) is amended by striking sections 102 

5 through 109 and inserting the following: 

6 ‘‘SEC. 102. FINDING, PURPOSES, AND DEFINITIONS. 

7 ‘‘(a) FINDING.—Congress finds that it is in the na8 tional interest to accelerate efforts to develop a domestic 

9 capability to economically produce hydrogen in quantities 

10 that will make a significant contribution toward reducing 

11 the Nation’s dependence on conventional fuels. 

12 ‘‘(b) PURPOSES.—The purposes of this Act are—

13 ‘‘(1) to promote a research, development, and 

14 demonstration program leading to the economical 

15 and environmentally sound production, storage, 

16 transport, and use of hydrogen as an energy source 

17 for industrial, commercial, residential, transpor18 tation, and utility applications; and 

19 ‘‘(2) to promote and coordinate activities in 

20 technology transfer, education, and other informa21 tion transfer among Federal, State, and local agen22 cies; members of the energy, transportation, and 

23 other industries; foreign nations; and other entities. 

24 ‘‘(c) DEFINITIONS.—As used in this Act, the term—

25 ‘‘(1) ‘advisory committee’ means the advisory 

26 committee established under section 108;
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•HR 238 IH 

1 ‘‘(2) ‘critical technology’ (or ‘critical technical 

2 issue’) means a technology (or issue) that, in the 

3 opinion of the Secretary, requires understanding and 

4 development in order to take the next step needed 

5 in the development of hydrogen as an economic fuel 

6 or storage medium; 

7 ‘‘(3) ‘Department’ means the Department of 

8 Energy; and 

9 ‘‘(4) ‘Secretary’ means the Secretary of Energy. 

10 ‘‘SEC. 103. PLAN; REPORT. 

11 ‘‘(a) COORDINATION PLAN.—The Secretary, in con12 sultation with other Federal agencies, shall prepare a com13 prehensive coordination plan for activities under this Act 

14 and under title II of the Hydrogen Future Act of 1996. 

15 The Secretary shall take into account any plan under sec16 tion 202(b) of the Hydrogen Future Act of 1996. 

17 ‘‘(b) REPORT.—

18 ‘‘(1) REQUIREMENT.—Not later than 1 year 

19 after the date of enactment of the George E. Brown, 

20 Jr. and Robert S. Walker Hydrogen Future Act of 

21 2003, and biennially thereafter, the Secretary shall 

22 transmit to Congress a detailed report, based on the 

23 plan prepared under subsection (a), on the status 

24 and progress of the programs authorized under this 

25 Act. 
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•HR 238 IH 

1 ‘‘(2) CONTENTS.—A report under paragraph 

2 (1) shall include, in addition to any views and rec3 ommendations of the Secretary—

4 ‘‘(A) an assessment of the effectiveness of 

5 the programs authorized under this Act and of 

6 the extent to which they are meeting the pur7 poses specified in section 102(b); 

8 ‘‘(B) recommendations of the advisory 

9 committee for any improvements in the pro10 gram that are needed, including recommenda11 tions for additional legislation; and 

12 ‘‘(C) to the extent practicable, an analysis 

13 of Federal, State, local, and private sector hy14 drogen-related research, development, and dem15 onstration activities to identify productive areas 

16 for increased intergovernmental and private17 public sector collaboration. 

18 ‘‘SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT. 

19 ‘‘(a) PROGRAM.—The Secretary shall conduct a re20 search and development program relating to the produc21 tion, storage, transportation, and use of hydrogen as an 

22 energy source, with the goal of enabling the private sector 

23 to demonstrate the technical feasibility of using hydrogen 

24 for industrial, commercial, residential, transportation, and 

25 utility applications. 
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1 ‘‘(b) ELEMENTS.—In conducting the program au2 thorized by this section, the Secretary shall—

3 ‘‘(1) initiate or accelerate research and develop4 ment in critical technical issues that will contribute 

5 to the development of more economical and environ6 mentally sound hydrogen energy systems, including 

7 critical technical issues with respect to—

8 ‘‘(A) production, with consideration of 

9 cost-effective production from renewable energy 

10 sources; 

11 ‘‘(B) liquefaction, transmission, and dis12 tribution; 

13 ‘‘(C) storage, including storage of hydro14 gen in surface transportation; and 

15 ‘‘(D) use, including use in—

16 ‘‘(i) surface transportation; 

17 ‘‘(ii) isolated villages, islands, and 

18 communities in which other energy sources 

19 are not available or are very expensive; 

20 ‘‘(iii) fuel cells and components, in21 cluding proton exchange membrane tech22 nologies; and 

23 ‘‘(iv) foreign markets, particularly 

24 where an energy infrastructure is not well 

25 developed; 
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•HR 238 IH 

1 ‘‘(2) give particular attention to resolving crit2 ical technical issues preventing the introduction of 

3 hydrogen as an energy source into the marketplace, 

4 so as to enable the development of voluntary con5 sensus technical standards; and 

6 ‘‘(3) survey private sector hydrogen energy re7 search and development activities worldwide and 

8 take steps to ensure that research and development 

9 activities under this section do not—

10 ‘‘(A) unnecessarily duplicate any available 

11 research and development; or 

12 ‘‘(B) displace or compete with the privately 

13 funded hydrogen energy research and develop14 ment activities of United States industry. 

15 ‘‘(c) RESEARCH AND DEVELOPMENT SUPPORT.—The 

16 Secretary is authorized to arrange for tests and dem17 onstrations and to disseminate to researchers and devel18 opers information, data, and other materials necessary to 

19 support the research and development activities authorized 

20 under this section and other efforts authorized under this 

21 Act, consistent with section 106. 

22 ‘‘(d) FEDERAL FUNDING.—The Secretary shall carry 

23 out the research and development activities authorized 

24 under this section using a competitive merit review proc25 ess. 
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•HR 238 IH 

1 ‘‘(e) COST SHARING.—

2 ‘‘(1) IN GENERAL.—The Secretary shall require 

3 a commitment from non-Federal sources of at least 

4 20 percent of the cost of proposed research and de5 velopment projects under this section. 

6 ‘‘(2) REDUCTION OR ELIMINATION.—The Sec7 retary may reduce or eliminate the cost sharing re8 quirement under paragraph (1)—

9 ‘‘(A) if the Secretary determines that the 

10 research and development is of a basic or fun11 damental nature; or 

12 ‘‘(B) for technical analyses, outreach ac13 tivities, and educational programs that the Sec14 retary does not expect to result in a marketable 

15 product. 

16 ‘‘SEC. 105. DEMONSTRATIONS. 

17 ‘‘(a) REQUIREMENT.—The Secretary shall conduct 

18 demonstrations of critical technologies so that technical 

19 and nontechnical parameters can be evaluated to best de20 termine commercial applicability of such technologies. 

21 Demonstrations under this section shall include fuel cells 

22 and fuel cell components, including proton exchange mem23 brane technologies, for commercial, residential, and trans24 portation applications, using improved manufacturing pro25 duction and processes.
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1 ‘‘(b) DEMONSTRATIONS WITH RESEARCH AND DE2 VELOPMENT ACTIVITIES.—Concurrently with activities 

3 conducted pursuant to section 104, the Secretary shall 

4 conduct small-scale demonstrations of hydrogen energy 

5 technology at self-contained sites. 

6 ‘‘(c) COST SHARING.—

7 ‘‘(1) IN GENERAL.—The Secretary shall require 

8 a commitment from non-Federal sources of at least 

9 50 percent of the costs directly relating to a dem10 onstration project under this section. 

11 ‘‘(2) REDUCTION.—The Secretary may reduce 

12 the non-Federal requirement under paragraph (1) if 

13 the Secretary determines that the reduction is ap14 propriate considering the technological risks involved 

15 in the project. 

16 ‘‘SEC. 106. TECHNOLOGY ASSESSMENT AND TRANSFER. 

17 ‘‘(a) PROGRAM.—

18 ‘‘(1) IN GENERAL.—The Secretary shall con19 duct a program designed to transfer critical tech20 nologies to the private sector, including application 

21 in foreign countries to increase the global market for 

22 the technologies and foster global development with23 out harmful environmental effects. 

24 ‘‘(2) ADVICE AND ASSISTANCE.—The Secretary 

25 shall direct the program authorized by this sub-
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1 section with the advice and assistance of the advi2 sory committee. 

3 ‘‘(b) INFORMATION.—

4 ‘‘(1) IN GENERAL.—The Secretary, in carrying 

5 out the program authorized by subsection (a), 

6 shall—

7 ‘‘(A) undertake an update of the inventory 

8 and assessment of hydrogen energy technologies 

9 and their commercial capability to economically 

10 produce, store, transport, and use hydrogen as 

11 an energy source in the industrial, commercial, 

12 residential, transportation, and utility sectors; 

13 and 

14 ‘‘(B) develop with the National Aero15 nautics and Space Administration, other Fed16 eral agencies as appropriate, and industry, an 

17 information exchange program to improve tech18 nology transfer for hydrogen energy tech19 nologies. 

20 ‘‘(2) ACTIVITIES.—The information exchange 

21 program may consist of workshops, publications, 

22 conferences, and a database for the use by the public 

23 and private sectors. The Secretary shall also foster 

24 the exchange of generic, nonproprietary information 

25 and technology, developed pursuant to this Act, 
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1 among industry, academia, and the Federal Govern2 ment, to help the United States economy attain the 

3 economic benefits of this information and tech4 nology. 

5 ‘‘SEC. 107. COORDINATION AND CONSULTATION. 

6 ‘‘(a) SECRETARY’S RESPONSIBILITY.—The Secretary 

7 shall have overall management responsibility for carrying 

8 out programs under this Act. In carrying out such pro9 grams, the Secretary, consistent with such overall manage10 ment responsibility—

11 ‘‘(1) shall establish a central point for the co12 ordination of all hydrogen energy research, develop13 ment, and demonstration activities of the Depart14 ment; and 

15 ‘‘(2) may use the expertise of any other Federal 

16 agency in accordance with subsection (b) in carrying 

17 out any activities under this Act, to the extent that 

18 the Secretary determines that any such agency has 

19 capabilities which would allow such agency to con20 tribute to the purposes of this Act. 

21 ‘‘(b) ASSISTANCE.—The Secretary may, in accord22 ance with subsection (a), obtain the assistance of any Fed23 eral agency upon written request, on a reimbursable basis 

24 or otherwise and with the consent of such agency. Each 
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•HR 238 IH 

1 such request shall identify the assistance the Secretary 

2 considers necessary to carry out any duty under this Act. 

3 ‘‘(c) CONSULTATION.—The Secretary shall consult 

4 with other Federal agencies as appropriate, and the advi5 sory committee, in carrying out the Secretary’s authorities 

6 pursuant to this Act. 

7 ‘‘SEC. 108. ADVISORY COMMITTEE. 

8 ‘‘(a) ESTABLISHMENT.—There is hereby established 

9 the Hydrogen Technical Advisory Committee to advise the 

10 Secretary on the programs under this Act and under title 

11 II of the Hydrogen Future Act of 1996, to remain in exist12 ence for the duration of such programs. 

13 ‘‘(b) MEMBERSHIP.—

14 ‘‘(1) IN GENERAL.—The advisory committee 

15 shall be comprised of not fewer than 9 nor more 

16 than 15 members appointed by the Secretary, and 

17 shall be comprised of such representatives from do18 mestic industry, universities, professional societies, 

19 Government laboratories, and financial, environ20 mental, and other organizations as the Secretary 

21 considers appropriate based on the Secretary’s as22 sessment of the technical and other qualifications of 

23 such representatives. 

24 ‘‘(2) TERMS.—
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1 ‘‘(A) IN GENERAL.—The term of a mem2 ber of the advisory committee shall not be more 

3 than three years. 

4 ‘‘(B) STAGGERED TERMS.—The Secretary 

5 may appoint members of the advisory com6 mittee in a manner that allows the terms of the 

7 members serving at any time to expire at 

8 spaced intervals so as to ensure continuity in 

9 the functioning of the advisory committee. 

10 ‘‘(C) REAPPOINTMENT.—A member of the 

11 advisory committee whose term expires may be 

12 reappointed. 

13 ‘‘(3) CHAIRPERSON.—The advisory committee 

14 shall have a chairperson, who shall be elected by the 

15 members from among their number. 

16 ‘‘(c) COOPERATION.—The heads of Federal agencies 

17 shall cooperate with the advisory committee in carrying 

18 out the requirements of this section and shall furnish to 

19 the advisory committee such information as the advisory 

20 committee considers necessary to carry out this section. 

21 ‘‘(d) REVIEW.—The advisory committee shall review 

22 and make any necessary recommendations to the Sec23 retary on—

24 ‘‘(1) the implementation and conduct of pro25 grams under this Act;
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•HR 238 IH 

1 ‘‘(2) the economic, technological, and environ2 mental consequences of the deployment of tech3 nologies for the production, storage, transportation, 

4 and use of hydrogen as an energy source; and 

5 ‘‘(3) the coordination plan prepared by the Sec6 retary under section 103 and the plan developed by 

7 the interagency task force under section 202(b) of 

8 the Hydrogen Future Act of 1996. 

9 ‘‘(e) RESPONSE TO RECOMMENDATIONS.—The Sec10 retary shall consider, but need not adopt, any rec11 ommendations of the advisory committee under subsection 

12 (d). The Secretary shall either describe the implementa13 tion, or provide an explanation of the reasons that any 

14 such recommendations will not be implemented, in the re15 port to Congress under section 103(b). 

16 ‘‘(f) SUPPORT.—The Secretary shall provide such 

17 staff, funds, and other support as may be necessary to 

18 enable the advisory committee to carry out its functions. 

19 ‘‘SEC. 109. NATIONAL ACADEMY OF SCIENCES REVIEW. 

20 ‘‘Beginning 2 years after the date of the enactment 

21 of this section, and every 4 years thereafter, the National 

22 Academy of Sciences shall perform a review of the 

23 progress made through the programs and activities au24 thorized under this Act and title II of the Hydrogen Fu-
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•HR 238 IH 

1 ture Act of 1996, and shall report to the Congress on the 

2 results of such reviews. 

3 ‘‘SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to carry out 

5 the purposes of this Act (in addition to any amounts made 

6 available for such purposes under other Acts)—

7 ‘‘(1) $3,000,000 for fiscal year 1992; 

8 ‘‘(2) $7,000,000 for fiscal year 1993; 

9 ‘‘(3) $10,000,000 for fiscal year 1994; 

10 ‘‘(4) $14,500,000 for fiscal year 1996; 

11 ‘‘(5) $20,000,000 for fiscal year 1997; 

12 ‘‘(6) $25,000,000 for fiscal year 1998; 

13 ‘‘(7) $30,000,000 for fiscal year 1999; 

14 ‘‘(8) $35,000,000 for fiscal year 2000; 

15 ‘‘(9) $40,000,000 for fiscal year 2001; 

16 ‘‘(10) $45,000,000 for fiscal year 2002; 

17 ‘‘(11) $50,000,000 for fiscal year 2003; 

18 ‘‘(12) $55,000,000 for fiscal year 2004; 

19 ‘‘(13) $60,000,000 for fiscal year 2005; 

20 ‘‘(14) $65,000,000 for fiscal year 2006; and 

21 ‘‘(15) $70,000,000 for fiscal year 2007.’’. 

22 SEC. 125. HYDROGEN FUTURE ACT AMENDMENT. 

23 Title II of the Hydrogen Future Act of 1996 (42 

24 U.S.C. 12403 note) is amended to read as follows: 
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1 ‘‘TITLE II—FUEL CELLS 

2 ‘‘SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN 

3 SYSTEMS. 

4 ‘‘(a) IN GENERAL.—The Secretary shall solicit pro5 posals for projects demonstrating hydrogen technologies 

6 needed to use fuel cells in Federal, State, and local govern7 ment stationary and transportation applications. 

8 ‘‘(b) COMPETITIVE EVALUATION.—Each proposal 

9 submitted in response to the solicitation under this section 

10 shall be evaluated on a competitive basis using peer re11 view. The Secretary is not required to make an award 

12 under this section in the absence of a meritorious pro13 posal. 

14 ‘‘(c) PREFERENCE.—The Secretary shall give pref15 erence, in making an award under this section, to pro16 posals that—

17 ‘‘(1) are submitted jointly from consortia in18 cluding academic institutions, industry, State or 

19 local governments, and Federal laboratories; and 

20 ‘‘(2) reflect proven experience and capability 

21 with technologies relevant to the projects proposed. 

22 ‘‘(d) NON-FEDERAL SHARE.—

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the Secretary shall require a commitment 

25 from non-Federal sources of at least 50 percent of 
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1 the costs directly relating to a demonstration project 

2 under this section. 

3 ‘‘(2) REDUCTION.—The Secretary may reduce 

4 the non-Federal requirement under paragraph (1) if 

5 the Secretary determines that the reduction is ap6 propriate considering the technological risks involved 

7 in the project. 

8 ‘‘SEC. 202. INTERAGENCY TASK FORCE. 

9 ‘‘(a) ESTABLISHMENT.—Not later than 120 days 

10 after the date of enactment of the George E. Brown, Jr. 

11 and Robert S. Walker Hydrogen Future Act of 2003, the 

12 Secretary shall establish an interagency task force led by 

13 the Secretary’s designee and comprised of representatives 

14 of—

15 ‘‘(1) the Office of Science and Technology Pol16 icy; 

17 ‘‘(2) the Department of Transportation; 

18 ‘‘(3) the Department of Defense; 

19 ‘‘(4) the Department of Commerce (including 

20 the National Institute of Standards and Tech21 nology); 

22 ‘‘(5) the Environmental Protection Agency; 

23 ‘‘(6) the National Aeronautics and Space Ad24 ministration; and 

25 ‘‘(7) other Federal agencies as appropriate. 
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1 ‘‘(b) DUTIES.—

2 ‘‘(1) DEVELOPMENT OF PLAN.—The task force 

3 shall develop a plan for carrying out this title. 

4 ‘‘(2) FOCUS OF PLAN.—The plan shall focus on 

5 development and demonstration of integrated sys6 tems and components for—

7 ‘‘(A) the production, storage, transport, 

8 and use of hydrogen as an energy source for 

9 Federal, State, and local government stationary 

10 and transportation applications; 

11 ‘‘(B) hydrogen-based infrastructure for 

12 buses and other fleet transportation systems 

13 that include zero-emission vehicles; and 

14 ‘‘(C) hydrogen-based distributed power 

15 generation, including the generation of com16 bined heat, power, and hydrogen. 

17 ‘‘SEC. 203. COOPERATIVE AND COST-SHARING AGREE18 MENTS. 

19 ‘‘The Secretary shall enter into cooperative and cost20 sharing agreements with Federal, State, and local agencies 

21 for participation by the agencies in demonstrations at fa22 cilities administered by the agencies, with the aim of inte23 grating high-efficiency hydrogen systems using fuel cells 

24 into the facilities to provide near-term benefits and pro25 mote a smooth transition to hydrogen as an energy source.
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1 ‘‘SEC. 204. INTEGRATION AND DISSEMINATION OF TECH2 NICAL INFORMATION. 

3 ‘‘The Secretary shall—

4 ‘‘(1) integrate all the technical information 

5 available as a result of development and demonstra6 tion projects under this title; 

7 ‘‘(2) make the information available to all inter8 ested persons; and 

9 ‘‘(3) foster the exchange of generic, nonpropri10 etary information and technology developed under 

11 this title among industry, academia, and Federal, 

12 State, and local governments, to help the United 

13 States economy attain the economic benefits of the 

14 information and technology. 

15 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated to the Sec17 retary, for activities under this title—

18 ‘‘(1) $5,000,000 for fiscal year 2003; 

19 ‘‘(2) $25,000,000 for fiscal year 2004; 

20 ‘‘(3) $30,000,000 for fiscal year 2005; 

21 ‘‘(4) $35,000,000 for fiscal year 2006; and 

22 ‘‘(5) $40,000,000 for fiscal year 2007.’’. 
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1 PART 4—MISCELLANEOUS PROJECTS 

2 SEC. 126. MISCELLANEOUS PROJECTS. 

3 The Secretary shall conduct research, development, 

4 demonstration, and commercial application programs 

5 for—

6 (1) ocean energy, including wave energy; 

7 (2) the combined use of renewable energy tech8 nologies with one another and with other energy 

9 technologies, including the combined use of wind 

10 power and coal gasification technologies; and 

11 (3) hydrogen carrier fuels. 

12 Subtitle D—Nuclear Energy 

13 PART 1—AUTHORIZATION OF APPROPRIATIONS 

14 SEC. 131. NUCLEAR ENERGY. 

15 (a) CORE PROGRAMS.—The following sums are au16 thorized to be appropriated to the Secretary for nuclear 

17 energy research, development, demonstration, and com18 mercial application activities, including activities author19 ized under this subtitle, other than those described in sub20 section (b): 

21 (1) For fiscal year 2003, $200,000,000. 

22 (2) For fiscal year 2004, $233,000,000. 

23 (3) For fiscal year 2005, $266,000,000. 

24 (4) For fiscal year 2006, $300,000,000. 

25 (5) For fiscal year 2007, $334,000,000. 
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1 (b) NUCLEAR INFRASTRUCTURE SUPPORT.—The fol2 lowing sums are authorized to be appropriated to the Sec3 retary for activities under section 132(f): 

4 (1) For fiscal year 2003, $120,000,000. 

5 (2) For fiscal year 2004, $125,000,000. 

6 (3) For fiscal year 2005, $130,000,000. 

7 (4) For fiscal year 2006, $135,000,000. 

8 (5) For fiscal year 2007, $140,000,000. 

9 (c) ALLOCATIONS.—From amounts authorized under 

10 subsection (a), the following sums are authorized: 

11 (1) ADVANCED FUEL RECYCLING PROGRAM.—

12 For activities under section 133—

13 (A) for fiscal year 2003, $80,000,000; 

14 (B) for fiscal year 2004, $93,000,000; 

15 (C) for fiscal year 2005, $106,000,000; 

16 (D) for fiscal year 2006, $120,000,000; 

17 and 

18 (E) for fiscal year 2007, $134,000,000. 

19 (2) UNIVERSITY PROGRAMS.—For activities 

20 under section 134—

21 (A) for fiscal year 2003, $25,000,000; 

22 (B) for fiscal year 2004, $33,000,000; 

23 (C) for fiscal year 2005, $37,900,000; 

24 (D) for fiscal year 2006, $43,600,000; and 

25 (E) for fiscal year 2007, $50,100,000. 
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1 (d) LIMIT ON USE OF FUNDS.—None of the funds 

2 authorized under this section may be used for decommis3 sioning the Fast Flux Test Facility. 

4 PART 2—NUCLEAR ENERGY RESEARCH 

5 PROGRAMS

6 SEC. 132. NUCLEAR ENERGY RESEARCH PROGRAMS. 

7 (a) NUCLEAR ENERGY RESEARCH INITIATIVE.—The 

8 Secretary shall carry out a Nuclear Energy Research Ini9 tiative for research and development related to nuclear en10 ergy. 

11 (b) NUCLEAR ENERGY PLANT OPTIMIZATION PRO12 GRAM.—The Secretary shall carry out a Nuclear Energy 

13 Plant Optimization Program to support research and de14 velopment activities addressing reliability, availability, pro15 ductivity, and component aging in existing nuclear power 

16 plants. 

17 (c) NUCLEAR POWER 2010 PROGRAM.—The Sec18 retary shall carry out a Nuclear Power 2010 Program, 

19 consistent with recommendations in the October 2001 re20 port entitled ‘‘A Roadmap to Deploy New Nuclear Power 

21 Plants in the United States by 2010’’ issued by the Nu22 clear Energy Research Advisory Committee of the Depart23 ment. The Program shall—
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1 (1) rely on the expertise and capabilities of the 

2 National Laboratories in the areas of advanced nu3 clear fuels cycles and fuels testing; 

4 (2) pursue an approach that considers a variety 

5 of reactor designs; 

6 (3) include participation of international col7 laborators in research, development, and design ef8 forts as appropriate; and 

9 (4) encourage industry participation. 

10 (d) GENERATION IV NUCLEAR ENERGY SYSTEMS

11 INITIATIVE.—The Secretary shall carry out a Generation 

12 IV Nuclear Energy Systems Initiative to develop an over13 all technology plan and to support research and develop14 ment necessary to make an informed technical decision 

15 about the most promising candidates for eventual commer16 cial application. The Initiative shall examine advanced 

17 proliferation-resistant and passively safe reactor designs, 

18 including designs that—

19 (1) are economically competitive with other elec20 tric power generation plants; 

21 (2) have higher efficiency, lower cost, and im22 proved safety compared to reactors in operation on 

23 the date of enactment of this Act;
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1 (3) use fuels that are proliferation resistant and 

2 have substantially reduced production of high-level 

3 waste per unit of output; and 

4 (4) utilize improved instrumentation. 

5 (e) REACTOR PRODUCTION OF HYDROGEN.—The 

6 Secretary shall carry out research to examine designs for 

7 high-temperature reactors capable of producing large-scale 

8 quantities of hydrogen using thermochemical processes. 

9 (f) NUCLEAR INFRASTRUCTURE SUPPORT.—The 

10 Secretary shall develop and implement a strategy for the 

11 facilities of the Office of Nuclear Energy, Science, and 

12 Technology and shall transmit a report containing the 

13 strategy along with the President’s budget request to the 

14 Congress for fiscal year 2005. Such strategy shall provide 

15 a cost-effective means for—

16 (1) maintaining existing facilities and infra17 structure, as needed; 

18 (2) closing unneeded facilities; 

19 (3) making facility upgrades and modifications; 

20 and 

21 (4) building new facilities. 

22 PART 3—ADVANCED FUEL RECYCLING 

23 SEC. 133. ADVANCED FUEL RECYCLING PROGRAM. 

24 (a) IN GENERAL.—The Secretary, through the Direc25 tor of the Office of Nuclear Energy, Science and Tech-
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1 nology, shall conduct an advanced fuel recycling tech2 nology research and development program to evaluate pro3 liferation-resistant fuel recycling and transmutation tech4 nologies which minimize environmental or public health 

5 and safety impacts as an alternative to aqueous reprocess6 ing technologies deployed as of the date of enactment of 

7 this Act in support of evaluation of alternative national 

8 strategies for spent nuclear fuel and the Generation IV 

9 advanced reactor concepts, subject to annual review by the 

10 Secretary’s Nuclear Energy Research Advisory Committee 

11 or other independent entity, as appropriate. Opportunities 

12 to enhance progress of this program through international 

13 cooperation should be sought. 

14 (b) REPORTS.—The Secretary shall report on the ac15 tivities of the advanced fuel recycling technology research 

16 and development program, as part of the Department’s 

17 annual budget submission. 

18 PART 4—UNIVERSITY PROGRAMS 

19 SEC. 134. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER20 ING SUPPORT. 

21 (a) ESTABLISHMENT.—The Secretary shall support 

22 a program to invest in human resources and infrastructure 

23 in the nuclear sciences and engineering and related fields 

24 (including health physics and nuclear and radiochemistry), 
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1 consistent with departmental missions related to civilian 

2 nuclear research and development. 

3 (b) DUTIES.—In carrying out the program under this 

4 section, the Secretary shall—

5 (1) establish a graduate and undergraduate fel6 lowship program to attract new and talented stu7 dents; 

8 (2) establish a Junior Faculty Research Initi9 ation Grant Program to assist institutions of higher 

10 education in recruiting and retaining new faculty in 

11 the nuclear sciences and engineering; 

12 (3) support fundamental nuclear sciences and 

13 engineering research through the Nuclear Engineer14 ing Education Research Program; 

15 (4) encourage collaborative nuclear research 

16 among industry, National Laboratories, and institu17 tions of higher education through the Nuclear En18 ergy Research Initiative; and 

19 (5) support communication and outreach re20 lated to nuclear science and engineering. 

21 (c) MAINTAINING UNIVERSITY RESEARCH AND

22 TRAINING REACTORS AND ASSOCIATED INFRASTRUC23 TURE.—Activities under this section may include—

24 (1) converting research reactors currently using 

25 high-enrichment fuels to low-enrichment fuels, up-
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1 grading operational instrumentation, and sharing of 

2 reactors among institutions of higher education; 

3 (2) providing technical assistance, in collabora4 tion with the United States nuclear industry, in reli5 censing and upgrading training reactors as part of 

6 a student training program; and 

7 (3) providing funding for reactor improvements 

8 as part of a focused effort that emphasizes research, 

9 training, and education. 

10 (d) UNIVERSITY-NATIONAL LABORATORY INTER11 ACTIONS.—The Secretary shall develop—

12 (1) a sabbatical fellowship program for profes13 sors at institutions of higher education to spend ex14 tended periods of time at National Laboratories in 

15 the areas of nuclear science and technology; and 

16 (2) a visiting scientist program in which Na17 tional Laboratory staff can spend time in academic 

18 nuclear science and engineering departments. 

19 The Secretary may provide fellowships for students to 

20 spend time at National Laboratories in the area of nuclear 

21 science with a member of the Laboratory staff acting as 

22 a mentor. 

23 (e) OPERATING AND MAINTENANCE COSTS.—Fund24 ing for a research project provided under this section may 

25 be used to offset a portion of the operating and mainte-
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1 nance costs of a research reactor at an institution of high2 er education used in the research project. 

3 Subtitle E—Fossil Energy 

4 PART 1—AUTHORIZATION OF APPROPRIATIONS 

5 SEC. 141. FOSSIL ENERGY. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated to the Secretary for fossil energy 

8 research, development, demonstration, and commercial ap9 plication activities, including activities authorized under 

10 this subtitle, other than those described in subsection (b): 

11 (1) For fiscal year 2003, $505,000,000. 

12 (2) For fiscal year 2004, $523,000,000. 

13 (3) For fiscal year 2005, $542,000,000. 

14 (4) For fiscal year 2006, $558,000,000. 

15 (5) For fiscal year 2007, $585,000,000. 

16 (b) ULTRA-DEEPWATER AND UNCONVENTIONAL RE17 SOURCES.—

18 (1) OIL AND GAS LEASE INCOME.—For each of 

19 fiscal years 2003 through 2010, from any royalties, 

20 rents, and bonuses derived from Federal onshore 

21 and offshore oil and gas leases issued under the 

22 Outer Continental Shelf Lands Act and the Mineral 

23 Leasing Act which are deposited in the Treasury, 

24 and after distribution of any such funds as described 

25 in paragraph (2), an amount equal to 7.5 percent of
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1 the amount of royalties, rents, and bonuses derived 

2 from those leases deposited in the Treasury shall be 

3 deposited into the Ultra-Deepwater and Unconven4 tional Natural Gas and Other Petroleum Research 

5 Fund (in this subsection referred to as the Fund). 

6 For purposes of this subsection, the term ‘‘royalties’’ 

7 excludes proceeds from the sale of royalty production 

8 taken in kind and royalty production that is trans9 ferred under section 27(a)(3) of the Outer Conti10 nental Shelf Lands Act (43 U.S.C. 1353(a)(3)). 

11 Monies in the Fund shall be available to the Sec12 retary for obligation under part 3, without fiscal 

13 year limitation, to the extent provided in advance in 

14 appropriations Acts. 

15 (2) PRIOR DISTRIBUTIONS.—The distributions 

16 described in paragraph (1) are those required by 

17 law—

18 (A) to States and to the Reclamation Fund 

19 under the Mineral Leasing Act (30 U.S.C. 

20 191(a)); and 

21 (B) to other funds receiving monies from 

22 Federal oil and gas leasing programs, includ23 ing—
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1 (i) any recipients pursuant to section 

2 8(g) of the Outer Continental Shelf Lands 

3 Act (43 U.S.C. 1337(g)); 

4 (ii) the Land and Water Conservation 

5 Fund, pursuant to section 2(c) of the Land 

6 and Water Conservation Fund Act of 1965 

7 (16 U.S.C. 4601–5(c)); and 

8 (iii) the Historic Preservation Fund, 

9 pursuant to section 108 of the National 

10 Historic Preservation Act (16 U.S.C. 

11 470h). 

12 (3) ALLOCATION.—Amounts made available 

13 under this subsection in each fiscal year shall be al14 located as follows: 

15 (A) 67.5 percent shall be for ultra-deep16 water natural gas and other petroleum activities 

17 under section 145; 

18 (B) 22.5 percent shall be for unconven19 tional natural gas and other petroleum resource 

20 activities under section 146; and 

21 (C) 10 percent shall be for research com22 plementary to research under section 144(b)(1) 

23 through (3). 

24 (c) ALLOCATIONS.—From amounts authorized under 

25 subsection (a), the following sums are authorized: 
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1 (1) FUEL CELL PROTON EXCHANGE MEMBRANE

2 TECHNOLOGY.—For activities under section 

3 142(c)(2), $28,000,000 for each of the fiscal years 

4 2003 through 2007. 

5 (2) COAL MINING TECHNOLOGIES.—For activi6 ties under section 143—

7 (A) for fiscal year 2004, $12,000,000; and 

8 (B) for fiscal year 2005, $15,000,000. 

9 (3) OFFICE OF ARCTIC ENERGY.—For the Of10 fice of Arctic Energy under section 3197 of the 

11 Floyd D. Spence National Defense Authorization 

12 Act for Fiscal Year 2001 (Public Law 106–398), 

13 $25,000,000 for each of fiscal years 2003 through 

14 2007. 

15 (d) EXTENDED AUTHORIZATION.—There are author16 ized to be appropriated to the Secretary for the Office of 

17 Arctic Energy under section 3197 of the Floyd D. Spence 

18 National Defense Authorization Act for Fiscal Year 2001 

19 (Public Law 106–398), $25,000,000 for each of fiscal 

20 years 2008 through 2011. 

21 (e) LIMITS ON USE OF FUNDS.—

22 (1) EXCLUSIONS.—None of the funds author23 ized under this section may be used for—

24 (A) Fossil Energy Environmental Restora25 tion; or 
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1 (B) Import/Export Authorization. 

2 (2) UNIVERSITY COAL MINING RESEARCH.—Of 

3 the funds authorized under subsection (c)(2), not 

4 less than 20 percent of the funds appropriated for 

5 each fiscal year shall be dedicated to research and 

6 development carried out at institutions of higher 

7 education. 

8 PART 2—RESEARCH PROGRAMS 

9 SEC. 142. FOSSIL ENERGY RESEARCH PROGRAMS. 

10 (a) COAL RESEARCH.—(1) In addition to the Clean 

11 Coal Power Initiative authorized under title V, the Sec12 retary shall conduct a program of research, development, 

13 demonstration, and commercial application for coal and 

14 power systems, including—

15 (A) central systems; 

16 (B) sequestration research and development; 

17 (C) fuels; 

18 (D) advanced research; and 

19 (E) advanced separation technologies. 

20 (2) No funds may be used to carry out the activities 

21 authorized by paragraph (1) after September 30, 2003, 

22 unless one month has elapsed since the Secretary has 

23 transmitted to the Congress a report providing—

24 (A) a detailed description of how proposals will 

25 be solicited and evaluated;
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1 (B) a list of activities and technical milestones; 

2 and 

3 (C) a description of how these activities will 

4 complement and not duplicate the Clean Coal Power 

5 Initiative authorized under title V. 

6 (b) OIL AND GAS RESEARCH.—The Secretary shall 

7 conduct a program of research, development, demonstra8 tion, and commercial application on oil and gas, includ9 ing—

10 (1) exploration and production; 

11 (2) gas hydrates; 

12 (3) reservoir life and extension; 

13 (4) transportation and distribution infrastruc14 ture; 

15 (5) ultraclean fuels; 

16 (6) heavy oil and oil shale; and 

17 (7) environmental research. 

18 (c) FUEL CELLS.—(1) The Secretary shall conduct 

19 a program of research, development, demonstration, and 

20 commercial application on fuel cells for low-cost, high-effi21 ciency, fuel-flexible, modular power systems. 

22 (2) The demonstrations shall include fuel cell proton 

23 exchange membrane technology for commercial, residen24 tial, and transportation applications, and distributed gen-
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1 eration systems, utilizing improved manufacturing produc2 tion and processes. 

3 (d) NATURAL GAS AND OIL DEPOSITS REPORT.—

4 Not later than 2 years after the date of the enactment 

5 of this Act, and at 2-year intervals thereafter, the Sec6 retary of the Interior, in consultation with other appro7 priate Federal agencies, shall transmit a report to the 

8 Congress of the latest estimates of natural gas and oil re9 serves, reserves growth, and undiscovered resources in 

10 Federal and State waters off the coast of Louisiana and 

11 Texas. 

12 SEC. 143. RESEARCH AND DEVELOPMENT FOR COAL MIN13 ING TECHNOLOGIES. 

14 (a) ESTABLISHMENT.—The Secretary shall carry out 

15 a program of research and development on coal mining 

16 technologies. The Secretary shall cooperate with appro17 priate Federal agencies, coal producers, trade associations, 

18 equipment manufacturers, institutions of higher education 

19 with mining engineering departments, and other relevant 

20 entities. 

21 (b) PROGRAM.—The research and development activi22 ties carried out under this section shall—

23 (1) be based on the mining research and devel24 opment priorities identified by the Mining Industry 

25 of the Future Program and in the recommendations 
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1 from relevant reports of the National Academy of 

2 Sciences on mining technologies; and 

3 (2) expand mining research capabilities at insti4 tutions of higher education.

5 PART 3—ULTRA-DEEPWATER AND UNCONVEN6 TIONAL NATURAL GAS AND OTHER PETRO7 LEUM RESOURCES 

8 SEC. 144. PROGRAM AUTHORITY. 

9 (a) IN GENERAL.—The Secretary shall carry out a 

10 program under this part of research, development, dem11 onstration, and commercial application of technologies for 

12 ultra-deepwater and unconventional natural gas and other 

13 petroleum resource exploration and production, including 

14 safe operations and environmental mitigation (including 

15 reduction of greenhouse gas emissions and sequestration 

16 of carbon). 

17 (b) PROGRAM ELEMENTS.—The program under this 

18 part shall address the following areas, including improving 

19 safety and minimizing environmental impacts of activities 

20 within each area: 

21 (1) Ultra-deepwater technology. 

22 (2) Ultra-deepwater architecture. 

23 (3) Unconventional natural gas and other petro24 leum resource exploration and production tech25 nology. 
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1 (c) LIMITATION ON LOCATION OF FIELD ACTIVI2 TIES.—Field activities under the program under this part 

3 shall be carried out only—

4 (1) in—

5 (A) areas in the territorial waters of the 

6 United States not under any Outer Continental 

7 Shelf moratorium as of September 30, 2002; 

8 (B) areas onshore in the United States on 

9 public land administered by the Secretary of the 

10 Interior available for oil and gas leasing, where 

11 consistent with applicable law and land use 

12 plans; and 

13 (C) areas onshore in the United States on 

14 State or private land, subject to applicable law; 

15 and 

16 (2) with the approval of the appropriate Fed17 eral or State land management agency or private 

18 land owner. 

19 (d) RESEARCH AT NATIONAL ENERGY TECHNOLOGY

20 LABORATORY.—The Secretary, through the National En21 ergy Technology Laboratory, shall carry out research com22 plementary to research under section 144(b)(1) through 

23 (3).
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1 (e) CONSULTATION WITH SECRETARY OF THE INTE2 RIOR.—In carrying out this part, the Secretary shall con3 sult regularly with the Secretary of the Interior. 

4 SEC. 145. ULTRA-DEEPWATER PROGRAM. 

5 (a) IN GENERAL.—The Secretary shall carry out the 

6 activities under paragraphs (1) and (2) of section 144(b), 

7 to maximize the value of the ultra-deepwater natural gas 

8 and other petroleum resources of the United States by in9 creasing the supply of such resources and by reducing the 

10 cost and increasing the efficiency of exploration for and 

11 production of such resources, while improving safety and 

12 minimizing environmental impacts. 

13 (b) ROLE OF THE SECRETARY.—The Secretary shall 

14 have ultimate responsibility for, and oversight of, all as15 pects of the program under this section. 

16 (c) ROLE OF THE PROGRAM CONSORTIUM.—

17 (1) IN GENERAL.—The Secretary shall contract 

18 with a consortium to—

19 (A) manage awards pursuant to subsection 

20 (f)(4); 

21 (B) make recommendations to the Sec22 retary for project solicitations; 

23 (C) disburse funds awarded under sub24 section (f) as directed by the Secretary in ac-
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1 cordance with the annual plan under subsection 

2 (e); and 

3 (D) carry out other activities assigned to 

4 the program consortium by this section. 

5 (2) LIMITATION.—The Secretary may not as6 sign any activities to the program consortium except 

7 as specifically authorized under this section. 

8 (3) CONFLICT OF INTEREST.—(A) The Sec9 retary shall establish procedures—

10 (i) to ensure that each board member, offi11 cer, or employee of the program consortium 

12 who is in a decisionmaking capacity under sub13 section (f)(3) or (4) shall disclose to the Sec14 retary any financial interests in, or financial re15 lationships with, applicants for or recipients of 

16 awards under this section, including those of 

17 his or her spouse or minor child, unless such re18 lationships or interests would be considered to 

19 be remote or inconsequential; and 

20 (ii) to require any board member, officer, 

21 or employee with a financial relationship or in22 terest disclosed under clause (i) to recuse him23 self or herself from any review under subsection 

24 (f)(3) or oversight under subsection (f)(4) with 

25 respect to such applicant or recipient. 
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1 (B) The Secretary may disqualify an applica2 tion or revoke an award under this section if a board 

3 member, officer, or employee has failed to comply 

4 with procedures required under subparagraph 

5 (A)(ii). 

6 (d) SELECTION OF THE PROGRAM CONSORTIUM.—

7 (1) IN GENERAL.—The Secretary shall select 

8 the program consortium through an open, competi9 tive process. 

10 (2) MEMBERS.—The program consortium may 

11 include corporations, institutions of higher edu12 cation, National Laboratories, or other research in13 stitutions. After submitting a proposal under para14 graph (4), the program consortium may not add 

15 members without the consent of the Secretary. 

16 (3) TAX STATUS.—The program consortium 

17 shall be an entity that is exempt from tax under sec18 tion 501(c)(3) of the Internal Revenue Code of 

19 1986. 

20 (4) SCHEDULE.—Not later than 90 days after 

21 the date of enactment of this Act, the Secretary 

22 shall solicit proposals for the creation of the pro23 gram consortium, which must be submitted not less 

24 than 180 days after the date of enactment of this 

25 Act. The Secretary shall select the program consor-
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1 tium not later than 240 days after such date of en2 actment. 

3 (5) APPLICATION.—Applicants shall submit a 

4 proposal including such information as the Secretary 

5 may require. At a minimum, each proposal shall—

6 (A) list all members of the consortium; 

7 (B) fully describe the structure of the con8 sortium, including any provisions relating to in9 tellectual property; and 

10 (C) describe how the applicant would carry 

11 out the activities of the program consortium 

12 under this section. 

13 (6) ELIGIBILITY.—To be eligible to be selected 

14 as the program consortium, an applicant must be an 

15 entity whose members collectively have demonstrated 

16 capabilities in planning and managing research, de17 velopment, demonstration, and commercial applica18 tion programs in natural gas or other petroleum ex19 ploration or production. 

20 (7) CRITERION.—The Secretary may consider 

21 the amount of the fee an applicant proposes to re22 ceive under subsection (g) in selecting a consortium 

23 under this section. 

24 (e) ANNUAL PLAN.—
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1 (1) IN GENERAL.—The program under this sec2 tion shall be carried out pursuant to an annual plan 

3 prepared by the Secretary in accordance with para4 graph (2). 

5 (2) DEVELOPMENT.—(A) Before drafting an 

6 annual plan under this subsection, the Secretary 

7 shall solicit specific written recommendations from 

8 the program consortium for each element to be ad9 dressed in the plan, including those described in 

10 paragraph (4). The Secretary may request that the 

11 program consortium submit its recommendations in 

12 the form of a draft annual plan. 

13 (B) The Secretary shall submit the rec14 ommendations of the program consortium under 

15 subparagraph (A) to the Ultra-Deepwater Advisory 

16 Committee established under section 148(a) for re17 view, and such Advisory Committee shall provide to 

18 the Secretary written comments by a date deter19 mined by the Secretary. The Secretary may also so20 licit comments from any other experts. 

21 (C) The Secretary shall consult regularly with 

22 the program consortium throughout the preparation 

23 of the annual plan. 

24 (3) PUBLICATION.—The Secretary shall trans25 mit to the Congress and publish in the Federal Reg-
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1 ister the annual plan, along with any written com2 ments received under paragraph (2)(A) and (B). 

3 The annual plan shall be transmitted and published 

4 not later than 60 days after the date of enactment 

5 of an Act making appropriations for a fiscal year for 

6 the program under this section. 

7 (4) CONTENTS.—The annual plan shall describe 

8 the ongoing and prospective activities of the pro9 gram under this section and shall include—

10 (A) a list of any solicitations for awards 

11 that the Secretary plans to issue to carry out 

12 research, development, demonstration, or com13 mercial application activities, including the top14 ics for such work, who would be eligible to 

15 apply, selection criteria, and the duration of 

16 awards; and 

17 (B) a description of the activities expected 

18 of the program consortium to carry out sub19 section (f)(4). 

20 (f) AWARDS.—

21 (1) IN GENERAL.—The Secretary shall make 

22 awards to carry out research, development, dem23 onstration, and commercial application activities 

24 under the program under this section. The program 

25 consortium shall not be eligible to receive such 
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1 awards, but members of the program consortium 

2 may receive such awards. 

3 (2) PROPOSALS.—The Secretary shall solicit 

4 proposals for awards under this subsection in such 

5 manner and at such time as the Secretary may pre6 scribe, in consultation with the program consortium. 

7 (3) REVIEW.—The Secretary shall make awards 

8 under this subsection through a competitive process, 

9 which shall include a review by individuals selected 

10 by the Secretary. Such individuals shall include, for 

11 each application, Federal officials, the program con12 sortium, and non-Federal experts who are not board 

13 members, officers, or employees of the program con14 sortium or of a member of the program consortium. 

15 (4) OVERSIGHT.—(A) The program consortium 

16 shall oversee the implementation of awards under 

17 this subsection, consistent with the annual plan 

18 under subsection (e), including disbursing funds and 

19 monitoring activities carried out under such awards 

20 for compliance with the terms and conditions of the 

21 awards. 

22 (B) Nothing in subparagraph (A) shall limit the 

23 authority or responsibility of the Secretary to over24 see awards, or limit the authority of the Secretary 

25 to review or revoke awards. 
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1 (C) The Secretary shall provide to the program 

2 consortium the information necessary for the pro3 gram consortium to carry out its responsibilities 

4 under this paragraph. 

5 (g) FEE.—

6 (1) IN GENERAL.—To compensate the program 

7 consortium for carrying out its activities under this 

8 section, the Secretary shall provide to the program 

9 consortium a fee in an amount not to exceed 7.5 

10 percent of the amounts awarded under subsection (f) 

11 for each fiscal year. 

12 (2) ADVANCE.—The Secretary shall advance 

13 funds to the program consortium upon selection of 

14 the consortium, which shall be deducted from 

15 amounts to be provided under paragraph (1). 

16 (h) AUDIT.—The Secretary shall retain an inde17 pendent, commercial auditor to determine the extent to 

18 which funds provided to the program consortium, and 

19 funds provided under awards made under subsection (f), 

20 have been expended in a manner consistent with the pur21 poses and requirements of this part. The auditor shall 

22 transmit a report annually to the Secretary, who shall 

23 transmit the report to Congress, along with a plan to rem24 edy any deficiencies cited in the report. 
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1 SEC. 146. UNCONVENTIONAL NATURAL GAS AND OTHER PE2 TROLEUM RESOURCES PROGRAM. 

3 (a) IN GENERAL.—The Secretary shall carry out ac4 tivities under section 144(b)(3), to maximize the value of 

5 the onshore unconventional natural gas and other petro6 leum resources of the United States by increasing the sup7 ply of such resources and by reducing the cost and increas8 ing the efficiency of exploration for and production of such 

9 resources, while improving safety and minimizing environ10 mental impacts. 

11 (b) AWARDS.—

12 (1) IN GENERAL.—The Secretary shall carry 

13 out this section through awards made through an 

14 open, competitive process. 

15 (2) CONSORTIA.—In carrying out paragraph 

16 (1), the Secretary shall give preference to making 

17 awards to consortia. 

18 (c) AUDIT.—The Secretary shall retain an inde19 pendent, commercial auditor to determine the extent to 

20 which funds provided under awards made under this sec21 tion have been expended in a manner consistent with the 

22 purposes and requirements of this part. The auditor shall 

23 transmit a report annually to the Secretary, who shall 

24 transmit the report to Congress, along with a plan to rem25 edy any deficiencies cited in the report.
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1 (d) FOCUS AREAS.—Awards under this section may 

2 focus on areas including advanced coal-bed methane, deep 

3 drilling, natural gas production from tight sands, natural 

4 gas production from gas shales, innovative exploration and 

5 production techniques, enhanced recovery techniques, and 

6 environmental mitigation of unconventional natural gas 

7 and other petroleum resources exploration and production. 

8 (e) ACTIVITIES BY THE UNITED STATES GEOLOGI9 CAL SURVEY.—The Secretary of the Interior, through the 

10 United States Geological Survey, shall, where appropriate, 

11 carry out programs of long-term research to complement 

12 the programs under this section. 

13 SEC. 147. ADDITIONAL REQUIREMENTS FOR AWARDS. 

14 (a) DEMONSTRATION PROJECTS.—An application for 

15 an award under this part for a demonstration project shall 

16 describe with specificity the intended commercial use of 

17 the technology to be demonstrated. 

18 (b) FLEXIBILITY IN LOCATING DEMONSTRATION

19 PROJECTS.—Subject to the limitation in section 144(c), 

20 a demonstration project under this part relating to an 

21 ultra-deepwater technology or an ultra-deepwater architec22 ture may be conducted in deepwater depths. 

23 (c) INTELLECTUAL PROPERTY AGREEMENTS.—If an 

24 award under this part is made to a consortium (other than 

25 the program consortium), the consortium shall provide to 
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1 the Secretary a signed contract agreed to by all members 

2 of the consortium describing the rights of each member 

3 to intellectual property used or developed under the award. 

4 (d) TECHNOLOGY TRANSFER.—Each recipient of an 

5 award under this part shall conduct technology transfer 

6 activities, as appropriate, and outreach activities pursuant 

7 to section 190. 

8 (e) COST-SHARING REDUCTION FOR INDEPENDENT

9 PRODUCERS.—In applying the cost-sharing requirements 

10 under section 182 to an award under this part made solely 

11 to an independent producer of oil or gas, the Secretary 

12 may reduce the applicable non-Federal requirement in 

13 such section to a level not less than 10 percent of the cost 

14 of the project. 

15 SEC. 148. ADVISORY COMMITTEES. 

16 (a) ULTRA-DEEPWATER ADVISORY COMMITTEE.—

17 (1) ESTABLISHMENT.—Not later than 270 days 

18 after the date of enactment of this section, the Sec19 retary shall establish an advisory committee to be 

20 known as the Ultra-Deepwater Advisory Committee. 

21 (2) MEMBERSHIP.—The advisory committee 

22 under this subsection shall be composed of members 

23 appointed by the Secretary and including—

24 (A) individuals with extensive research ex25 perience or operational knowledge of offshore 
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1 natural gas and other petroleum exploration 

2 and production; 

3 (B) individuals broadly representative of 

4 the affected interests in ultra-deepwater natural 

5 gas and other petroleum production, including 

6 interests in environmental protection and safe 

7 operations; 

8 (C) no individuals who are Federal employ9 ees; and 

10 (D) no individuals who are board members, 

11 officers, or employees of the program consor12 tium. 

13 (3) DUTIES.—The advisory committee under 

14 this subsection shall—

15 (A) advise the Secretary on the develop16 ment and implementation of programs under 

17 this part related to ultra-deepwater natural gas 

18 and other petroleum resources; and 

19 (B) carry out section 145(e)(2)(B). 

20 (4) COMPENSATION.—A member of the advi21 sory committee under this subsection shall serve 

22 without compensation but shall receive travel ex23 penses, including per diem in lieu of subsistence, in 

24 accordance with applicable provisions under sub-
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1 chapter I of chapter 57 of title 5, United States 

2 Code. 

3 (b) UNCONVENTIONAL RESOURCES TECHNOLOGY

4 ADVISORY COMMITTEE.—

5 (1) ESTABLISHMENT.—Not later than 270 days 

6 after the date of enactment of this section, the Sec7 retary shall establish an advisory committee to be 

8 known as the Unconventional Resources Technology 

9 Advisory Committee. 

10 (2) MEMBERSHIP.—The advisory committee 

11 under this subsection shall be composed of members 

12 appointed by the Secretary and including—

13 (A) individuals with extensive research ex14 perience or operational knowledge of unconven15 tional natural gas and other petroleum resource 

16 exploration and production, including inde17 pendent oil and gas producers; 

18 (B) individuals broadly representative of 

19 the affected interests in unconventional natural 

20 gas and other petroleum resource exploration 

21 and production, including interests in environ22 mental protection and safe operations; and 

23 (C) no individuals who are Federal employ24 ees. 
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1 (3) DUTIES.—The advisory committee under 

2 this subsection shall advise the Secretary on the de3 velopment and implementation of activities under 

4 this part related to unconventional natural gas and 

5 other petroleum resources. 

6 (4) COMPENSATION.—A member of the advi7 sory committee under this subsection shall serve 

8 without compensation but shall receive travel ex9 penses, including per diem in lieu of subsistence, in 

10 accordance with applicable provisions under sub11 chapter I of chapter 57 of title 5, United States 

12 Code. 

13 (c) PROHIBITION.—No advisory committee estab14 lished under this section shall make recommendations on 

15 funding awards to consortia or for specific projects. 

16 SEC. 149. LIMITS ON PARTICIPATION. 

17 (a) IN GENERAL.—An entity shall be eligible to re18 ceive an award under this part only if the Secretary 

19 finds—

20 (1) that the entity’s participation in the pro21 gram under this part would be in the economic in22 terest of the United States; and 

23 (2) that either—
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1 (A) the entity is a United States-owned en2 tity organized under the laws of the United 

3 States; or 

4 (B) the entity is organized under the laws 

5 of the United States and has a parent entity or6 ganized under the laws of a country which af7 fords—

8 (i) to United States-owned entities op9 portunities, comparable to those afforded 

10 to any other entity, to participate in any 

11 cooperative research venture similar to 

12 those authorized under this part; 

13 (ii) to United States-owned entities 

14 local investment opportunities comparable 

15 to those afforded to any other entity; and 

16 (iii) adequate and effective protection 

17 for the intellectual property rights of 

18 United States-owned entities. 

19 (b) SENSE OF CONGRESS AND REPORT.—It is the 

20 Sense of the Congress that ultra-deepwater technology de21 veloped under this part is to be developed primarily for 

22 production of ultra-deepwater natural gas and other petro23 leum resources of the United States, and that this priority 

24 is to be reflected in the terms of grants, contracts, and 

25 cooperative agreements entered under this part. As part 
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1 of the annual Departmental budget submission, the Sec2 retary shall report on all steps taken to implement the pol3 icy described in this subsection. 

4 SEC. 150. FUND. 

5 There is hereby established in the Treasury of the 

6 United States a separate fund to be known as the ‘‘Ultra7 Deepwater and Unconventional Natural Gas and Other 

8 Petroleum Research Fund’’. 

9 SEC. 151. SUNSET. 

10 The authority provided by this part shall terminate 

11 on September 30, 2010. 

12 SEC. 152. DEFINITIONS. 

13 In this section: 

14 (1) DEEPWATER.—The term ‘‘deepwater’’ 

15 means a water depth that is greater than 200 but 

16 less than 1,500 meters. 

17 (2) PROGRAM CONSORTIUM.—The term ‘‘pro18 gram consortium’’ means the consortium selected 

19 under section 145(d). 

20 (3) REMOTE OR INCONSEQUENTIAL.—The term 

21 ‘‘remote or inconsequential’’ has the meaning given 

22 that term in regulations issued by the Office of Gov23 ernment Ethics under section 208(b)(2) of title 18, 

24 United States Code. 
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1 (4) ULTRA-DEEPWATER.—The term ‘‘ultra2 deepwater’’ means a water depth that is equal to or 

3 greater than 1,500 meters. 

4 (5) ULTRA-DEEPWATER ARCHITECTURE.—The 

5 term ‘‘ultra-deepwater architecture’’ means the inte6 gration of technologies for the exploration for, or 

7 production of, natural gas or other petroleum re8 sources located at ultra-deepwater depths. 

9 (6) ULTRA-DEEPWATER TECHNOLOGY.—The 

10 term ‘‘ultra-deepwater technology’’ means a discrete 

11 technology that is specially suited to address one or 

12 more challenges associated with the exploration for, 

13 or production of, natural gas or other petroleum re14 sources located at ultra-deepwater depths. 

15 (7) UNCONVENTIONAL NATURAL GAS AND

16 OTHER PETROLEUM RESOURCE.—The term ‘‘uncon17 ventional natural gas and other petroleum resource’’ 

18 means natural gas and other petroleum resource lo19 cated onshore in an economically inaccessible geo20 logical formation. 

21 Subtitle F—Science 

22 PART 1—AUTHORIZATION OF APPROPRIATIONS 

23 SEC. 161. SCIENCE. 

24 (a) IN GENERAL.—The following sums are author25 ized to be appropriated to the Secretary for research, de-
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1 velopment, demonstration, and commercial application ac2 tivities of the Office of Science, including activities author3 ized under this subtitle, including the amounts authorized 

4 under the amendment made by section 170(c)(2)(C)(ii), 

5 and including basic energy sciences, advanced scientific 

6 and computing research, biological and environmental re7 search, fusion energy sciences, high energy physics, nu8 clear physics, and research analysis and infrastructure 

9 support: 

10 (1) For fiscal year 2003, $3,350,000,000. 

11 (2) For fiscal year 2004, $3,785,000,000. 

12 (3) For fiscal year 2005, $4,153,000,000. 

13 (4) For fiscal year 2006, $4,586,000,000. 

14 (5) For fiscal year 2007, $5,000,000,000. 

15 (b) ALLOCATIONS.—From amounts authorized under 

16 subsection (a), the following sums are authorized: 

17 (1) FUSION ENERGY SCIENCES.—For activities 

18 of the Fusion Energy Sciences Program, including 

19 activities under sections 162 and 163—

20 (A) for fiscal year 2003, $300,000,000; 

21 (B) for fiscal year 2004, $335,000,000; 

22 (C) for fiscal year 2005, $349,000,000; 

23 (D) for fiscal year 2006, $362,000,000; 

24 and 

25 (E) for fiscal year 2007, $377,000,000. 
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1 (2) SPALLATION NEUTRON SOURCE.—

2 (A) CONSTRUCTION.—For construction of 

3 the Spallation Neutron Source—

4 (i) for fiscal year 2003, $210,571,000; 

5 (ii) for fiscal year 2004, 

6 $124,600,000; 

7 (iii) for fiscal year 2005, $79,800,000; 

8 and 

9 (iv) for fiscal year 2006, $41,100,000 

10 for completion of construction. 

11 (B) OTHER PROJECT FUNDING.—For 

12 other project costs (including research and de13 velopment necessary to complete the project, 

14 preoperations costs, and capital equipment re15 lated to construction) of the Spallation Neutron 

16 Source, $103,279,000 for the period encom17 passing fiscal years 2003 through 2006, to re18 main available until expended through Sep19 tember 30, 2006. 

20 (3) NANOSCALE SCIENCE AND ENGINEERING

21 RESEARCH.—

22 (A) TOTAL AUTHORIZATION.—For activi23 ties under section 169—

24 (i) for fiscal year 2003, $135,000,000;
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1 (ii) for fiscal year 2004, 

2 $270,000,000; 

3 (iii) for fiscal year 2005, 

4 $290,000,000; 

5 (iv) for fiscal year 2006, 

6 $310,000,000; and 

7 (v) for fiscal year 2007, 

8 $330,000,000. 

9 (B) RESEARCH CENTERS AND MAJOR IN10 STRUMENTATION.—From the amounts author11 ized under subparagraph (A), the following 

12 sums are authorized to be appropriated to carry 

13 out section 169(c): 

14 (i) For fiscal year 2004, 

15 $135,000,000. 

16 (ii) For fiscal year 2005, 

17 $150,000,000. 

18 (iii) For fiscal year 2006, 

19 $120,000,000. 

20 (iv) For fiscal year 2007, 

21 $100,000,000. 

22 (c) LIMITS ON USE OF FUNDS.—Of the funds au23 thorized under subsection (b)(1), no funds shall be avail24 able for implementation of the plans described in sections 

25 162 and 163. 
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1 PART 2—FUSION ENERGY SCIENCES 

2 SEC. 162. PLAN FOR FUSION EXPERIMENT. 

3 (a) PLAN FOR UNITED STATES FUSION EXPERI4 MENT.—The Secretary, after consultation with the Fusion 

5 Energy Sciences Advisory Committee, shall develop a plan 

6 for construction in the United States of a magnetic fusion 

7 burning plasma experiment for the purpose of accelerating 

8 scientific understanding of fusion plasmas. The Secretary 

9 shall request a review of the plan by the National Academy 

10 of Sciences, and shall transmit the plan and the review 

11 to the Congress by July 1, 2004. 

12 (b) REQUIREMENTS OF PLAN.—The plan described 

13 in subsection (a) shall—

14 (1) address key burning plasma physics issues; 

15 and 

16 (2) include specific information on the scientific 

17 capabilities of the proposed experiment, the rel18 evance of these capabilities to the goal of practical 

19 fusion energy, and the overall design of the experi20 ment including its estimated cost and potential con21 struction sites. 

22 (c) UNITED STATES PARTICIPATION IN AN INTER23 NATIONAL EXPERIMENT.—In addition to the plan de24 scribed in subsection (a), the Secretary, after consultation 

25 with the Fusion Energy Sciences Advisory Committee, 

26 may also develop a plan for United States participation 
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1 in an international burning plasma experiment for the 

2 same purpose, whose construction is found by the Sec3 retary to be highly likely and where United States partici4 pation is cost effective relative to the cost and scientific 

5 benefits of a domestic experiment described in subsection 

6 (a). If the Secretary elects to develop a plan under this 

7 subsection, it shall include the information described in 

8 subsection (b), and an estimate of the cost of United 

9 States participation in such an international experiment. 

10 The Secretary shall request a review by the National 

11 Academy of Sciences of a plan developed under this sub12 section, and shall transmit the plan and the review to the 

13 Congress not later than July 1, 2004. 

14 (d) AUTHORIZATION OF RESEARCH AND DEVELOP15 MENT.—The Secretary, through the Office of Science, 

16 may conduct any research and development necessary to 

17 fully develop the plans described in this section. 

18 SEC. 163. PLAN FOR FUSION ENERGY SCIENCES PROGRAM. 

19 Not later than 6 months after the date of the enact20 ment of this Act, the Secretary, after consultation with 

21 the Fusion Energy Sciences Advisory Committee, shall de22 velop and transmit to the Congress a plan for the purpose 

23 of ensuring a strong scientific base for the Fusion Energy 

24 Sciences Program and to enable the experiments described 

25 in section 162. Such plan shall include as its objectives—
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1 (1) to ensure that existing fusion research fa2 cilities and equipment are more fully utilized with 

3 appropriate measurements and control tools; 

4 (2) to ensure a strengthened fusion science the5 ory and computational base; 

6 (3) to ensure that the selection of and funding 

7 for new magnetic and inertial fusion research facili8 ties are based on scientific innovation and cost effec9 tiveness; 

10 (4) to improve the communication of scientific 

11 results and methods between the fusion science com12 munity and the wider scientific community; 

13 (5) to ensure that adequate support is provided 

14 to optimize the design of the magnetic fusion burn15 ing plasma experiments referred to in section 162; 

16 (6) to ensure that inertial confinement fusion 

17 facilities are utilized to the extent practicable for the 

18 purpose of inertial fusion energy research and devel19 opment; and 

20 (7) to develop a fusion-based energy source. 

21 PART 3—SPALLATION NEUTRON SOURCE 

22 SEC. 164. DEFINITION. 

23 For the purposes of this part, the term ‘‘Spallation 

24 Neutron Source’’ means Department Project 99–E–334, 

25 Oak Ridge National Laboratory, Oak Ridge, Tennessee. 
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1 SEC. 165. REPORT. 

2 The Secretary shall report on the Spallation Neutron 

3 Source as part of the Department’s annual budget submis4 sion, including a description of the achievement of mile5 stones, a comparison of actual costs to estimated costs, 

6 and any changes in estimated project costs or schedule. 

7 SEC. 166. LIMITATIONS. 

8 The total amount obligated by the Department, in9 cluding prior year appropriations, for the Spallation Neu10 tron Source may not exceed—

11 (1) $1,192,700,000 for costs of construction; 

12 (2) $219,000,000 for other project costs; and 

13 (3) $1,411,700,000 for total project cost. 

14 PART 4—MISCELLANEOUS 

15 SEC. 167. FACILITY AND INFRASTRUCTURE SUPPORT FOR 

16 NONMILITARY ENERGY LABORATORIES. 

17 (a) FACILITY POLICY.—The Secretary shall develop 

18 and implement a strategy for the nonmilitary energy lab19 oratories and facilities of the Office of Science. Such strat20 egy shall provide a cost-effective means for—

21 (1) maintaining existing facilities and infra22 structure, as needed; 

23 (2) closing unneeded facilities; 

24 (3) making facility modifications; and 

25 (4) building new facilities. 

26 (b) REPORT.—
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1 (1) TRANSMITTAL.—The Secretary shall pre2 pare and transmit, along with the President’s budget 

3 request to the Congress for fiscal year 2005, a re4 port containing the strategy developed under sub5 section (a). 

6 (2) CONTENTS.—For each nonmilitary energy 

7 laboratory and facility, such report shall contain—

8 (A) the current priority list of proposed fa9 cilities and infrastructure projects, including 

10 cost and schedule requirements; 

11 (B) a current ten-year plan that dem12 onstrates the reconfiguration of its facilities and 

13 infrastructure to meet its missions and to ad14 dress its long-term operational costs and return 

15 on investment; 

16 (C) the total current budget for all facili17 ties and infrastructure funding; and 

18 (D) the current status of each facilities 

19 and infrastructure project compared to the 

20 original baseline cost, schedule, and scope. 

21 SEC. 168. RESEARCH REGARDING PRECIOUS METAL CATAL22 YSIS. 

23 From the amounts authorized to be appropriated to 

24 the Secretary under section 161, such sums as may be 

25 necessary for each of the fiscal years 2003, 2004, and 
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1 2005 may be used to carry out research in the use of pre2 cious metals (excluding platinum, palladium, and rho3 dium) in catalysis. 

4 SEC. 169. NANOSCALE SCIENCE AND ENGINEERING RE5 SEARCH. 

6 (a) ESTABLISHMENT.—The Secretary, acting 

7 through the Office of Science, shall support a program of 

8 research, development, demonstration, and commercial ap9 plication in nanoscience and nanoengineering. The pro10 gram shall include efforts to further the understanding of 

11 the chemistry, physics, materials science, and engineering 

12 of phenomena on the scale of 1 to 100 nanometers. 

13 (b) DUTIES OF THE OFFICE OF SCIENCE.—In car14 rying out the program under this section, the Office of 

15 Science shall—

16 (1) support both individual investigators and 

17 teams of investigators, including multidisciplinary 

18 teams; 

19 (2) carry out activities under subsection (c); 

20 (3) support technology transfer activities to 

21 benefit industry and other users of nanoscience and 

22 nanoengineering; and 

23 (4) coordinate research and development activi24 ties with industry and other Federal agencies. 
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1 (c) NANOSCIENCE AND NANOENGINEERING RE2 SEARCH CENTERS AND MAJOR INSTRUMENTATION.—

3 (1) IN GENERAL.—The Secretary shall carry 

4 out projects to develop, plan, construct, acquire, op5 erate, or support special equipment, instrumenta6 tion, or facilities for investigators conducting re7 search and development in nanoscience and 

8 nanoengineering. 

9 (2) PROJECTS.—Projects under paragraph (1) 

10 may include the measurement of properties at the 

11 scale of 1 to 100 nanometers, manipulation at such 

12 scales, and the integration of technologies based on 

13 nanoscience or nanoengineering into bulk materials 

14 or other technologies. 

15 (3) FACILITIES.—Facilities under paragraph 

16 (1) may include electron microcharacterization facili17 ties, microlithography facilities, scanning probe fa18 cilities, and related instrumentation. 

19 (4) COLLABORATION.—The Secretary shall en20 courage collaborations among institutions of higher 

21 education, laboratories, and industry at facilities 

22 under this subsection. 
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1 SEC. 170. ADVANCED SCIENTIFIC COMPUTING FOR ENERGY 

2 MISSIONS. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Office of Science, shall support a program to advance the 

5 Nation’s computing capability across a diverse set of 

6 grand challenge computationally based science problems 

7 related to departmental missions. 

8 (b) DUTIES OF THE OFFICE OF SCIENCE.—In car9 rying out the program under this section, the Office of 

10 Science shall—

11 (1) advance basic science through computation 

12 by developing software to solve grand challenge 

13 science problems on new generations of computing 

14 platforms; 

15 (2) enhance the foundations for scientific com16 puting by developing the basic mathematical and 

17 computing systems software needed to take full ad18 vantage of the computing capabilities of computers 

19 with peak speeds of 100 teraflops or more, some of 

20 which may be unique to the scientific problem of in21 terest; 

22 (3) enhance national collaboratory and net23 working capabilities by developing software to inte24 grate geographically separated researchers into ef25 fective research teams and to facilitate access to and 

26 movement and analysis of large (petabyte) data sets; 
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1 (4) maintain a robust scientific computing 

2 hardware infrastructure to ensure that the com3 puting resources needed to address departmental 

4 missions are available; and 

5 (5) explore new computing approaches and 

6 technologies that promise to advance scientific com7 puting. 

8 (c) HIGH-PERFORMANCE COMPUTING ACT OF 1991 

9 AMENDMENTS.—The High-Performance Computing Act 

10 of 1991 is amended—

11 (1) in section 4 (15 U.S.C. 5503)—

12 (A) in paragraph (3)—

13 (i) by striking ‘‘means’’ and inserting 

14 ‘‘and ‘networking and information tech15 nology’ mean’’; and 

16 (ii) by striking ‘‘(including vector 

17 supercomputers and large scale parallel 

18 systems)’’; and 

19 (B) in paragraph (4), by striking ‘‘packet 

20 switched’’; and 

21 (2) in section 203 (15 U.S.C. 5523)—

22 (A) in subsection (a), by striking all after 

23 ‘‘As part of the’’ and inserting ‘‘Networking 

24 and Information Technology Research and De25 velopment Program, the Secretary of Energy
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1 shall conduct basic and applied research in net2 working and information technology, with em3 phasis on—

4 ‘‘(1) supporting fundamental research in the 

5 physical sciences and engineering, and energy appli6 cations; 

7 ‘‘(2) providing supercomputer access and ad8 vanced communication capabilities and facilities to 

9 scientific researchers; and 

10 ‘‘(3) developing tools for distributed scientific 

11 collaboration.’’; 

12 (B) in subsection (b), by striking ‘‘Pro13 gram’’ and inserting ‘‘Networking and Informa14 tion Technology Research and Development 

15 Program’’; and 

16 (C) in subsection (e)—

17 (i) by striking ‘‘(1)’’; 

18 (ii) by striking ‘‘the Program’’ and all 

19 that follows through ‘‘fiscal year 1996’’ 

20 and inserting ‘‘carrying out this section 

21 $285,000,000 for fiscal year 2003, 

22 $300,000,000 for fiscal year 2004, 

23 $310,000,000 for fiscal year 2005, and 

24 $320,000,000 for fiscal year 2006’’; and 

25 (iii) by striking paragraph (2). 
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1 (d) COORDINATION.—The Secretary shall ensure that 

2 the program under this section is integrated and con3 sistent with—

4 (1) the Accelerated Strategic Computing Initia5 tive of the National Nuclear Security Administra6 tion; and 

7 (2) other national efforts related to advanced 

8 scientific computing for science and engineering.

9 (e) REPORT.—(1) Before undertaking any new initia10 tive to develop new advanced architecture for high-speed 

11 computing, the Secretary, through the Director of the Of12 fice of Science, shall transmit a report to the Congress 

13 describing—

14 (A) the expected duration and cost of the initia15 tive; 

16 (B) the technical milestones the initiative is de17 signed to achieve; 

18 (C) how institutions of higher education and 

19 private firms will participate in the initiative; and 

20 (D) why the goals of the initiative could not be 

21 achieved through existing programs. 

22 (2) No funds may be expended on any initiative de23 scribed in paragraph (1) until 30 days after the report 

24 required by that paragraph is transmitted to the Congress. 
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1 Subtitle G—Energy and 

2 Environment 

3 SEC. 171. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) UNITED STATES-MEXICO ENERGY TECHNOLOGY

5 COOPERATION.—The following sums are authorized to be 

6 appropriated to the Secretary to carry out activities under 

7 section 172: 

8 (1) For fiscal year 2003, $5,000,000. 

9 (2) For fiscal year 2004, $5,000,000. 

10 (3) For fiscal year 2005, $6,000,000. 

11 (4) For fiscal year 2006, $6,000,000. 

12 (5) For fiscal year 2007, $6,000,000. 

13 (b) WASTE REDUCTION AND USE OF ALTER14 NATIVES.—There are authorized to be appropriated to the 

15 Secretary to carry out activities under section 173, 

16 $500,000 for fiscal year 2003. 

17 SEC. 172. UNITED STATES-MEXICO ENERGY TECHNOLOGY 

18 COOPERATION. 

19 (a) PROGRAM.—The Secretary shall establish a re20 search, development, demonstration, and commercial ap21 plication program to be carried out in collaboration with 

22 entities in Mexico and the United States to promote en23 ergy efficient, environmentally sound economic develop24 ment along the United States-Mexico border. 
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1 (b) PROGRAM MANAGEMENT.—The program under 

2 subsection (a) shall be managed by the Department of En3 ergy Carlsbad Environmental Management Field Office. 

4 (c) TECHNOLOGY TRANSFER.—In carrying out 

5 projects and activities under this section, the Secretary 

6 shall assess the applicability of technology developed under 

7 the Environmental Management Science Program of the 

8 Department. 

9 (d) INTELLECTUAL PROPERTY.—In carrying out this 

10 section, the Secretary shall comply with the requirements 

11 of any agreement entered into between the United States 

12 and Mexico regarding intellectual property protection. 

13 SEC. 173. WASTE REDUCTION AND USE OF ALTERNATIVES. 

14 (a) GRANT AUTHORITY.—The Secretary is author15 ized to make a single grant to a qualified institution to 

16 examine and develop the feasibility of burning post-con17 sumer carpet in cement kilns as an alternative energy 

18 source. The purposes of the grant shall include deter19 mining—

20 (1) how post-consumer carpet can be burned 

21 without disrupting kiln operations; 

22 (2) the extent to which overall kiln emissions 

23 may be reduced; 

24 (3) the emissions of air pollutants and other 

25 relevant environmental impacts; and 
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1 (4) how this process provides benefits to both 

2 cement kiln operations and carpet suppliers. 

3 (b) QUALIFIED INSTITUTION.—For the purposes of 

4 subsection (a), a qualified institution is a research-inten5 sive institution of higher education with demonstrated ex6 pertise in the fields of fiber recycling and logistical mod7 eling of carpet waste collection and preparation. 

8 SEC. 174. COAL GASIFICATION. 

9 The Secretary is authorized to provide loan guaran10 tees for a project to produce energy from a plant using 

11 integrated gasification combined cycle technology of at 

12 least 400 megawatts in capacity that produces power at 

13 competitive rates in deregulated energy generation mar14 kets and that does not receive any subsidy (direct or indi15 rect) from ratepayers. 

16 SEC. 175. PETROLEUM COKE GASIFICATION. 

17 The Secretary is authorized to provide loan guaran18 tees for at least one petroleum coke gasification 

19 polygeneration project. 

20 SEC. 176. OTHER BIOPOWER AND BIOENERGY. 

21 The Secretary shall conduct a program to assist in 

22 the planning, design, and implementation of projects to 

23 convert rice straw, rice hulls, sugarcane bagasse, forest 

24 thinnings, and barley grain into biopower and biofuels.
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1 SEC. 177. TECHNOLOGY TRANSFER. 

2 There are authorized to be appropriated to the Sec3 retary $1,000,000 for a competitively awarded contract, 

4 to an entity with offshore oil and gas management experi5 ence, for the transfer of technologies relating to ultra6 deepwater research and development developed at the 

7 Naval Surface Warfare Center, Carderock Division. 

8 SEC. 178. COAL TECHNOLOGY LOAN. 

9 There are authorized to be appropriated to the Sec10 retary $125,000,000 to provide a loan to the owner of the 

11 experimental plant constructed under United States De12 partment of Energy cooperative agreement number DE–

13 FC22–91PC99544 on such terms and conditions as the 

14 Secretary determines, including interest rates and upfront 

15 payments. 

16 Subtitle H—Management 

17 SEC. 181. AVAILABILITY OF FUNDS. 

18 Funds authorized to be appropriated to the Depart19 ment under this title shall remain available until expended. 

20 SEC. 182. COST SHARING. 

21 (a) RESEARCH AND DEVELOPMENT.—Except as oth22 erwise provided in this title, for research and development 

23 programs carried out under this title, the Secretary shall 

24 require a commitment from non-Federal sources of at 

25 least 20 percent of the cost of the project. The Secretary 

26 may reduce or eliminate the non-Federal requirement 
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1 under this subsection if the Secretary determines that the 

2 research and development is of a basic or fundamental na3 ture. 

4 (b) DEMONSTRATION AND COMMERCIAL APPLICA5 TION.—Except as otherwise provided in this title, the Sec6 retary shall require at least 50 percent of the costs directly 

7 and specifically related to any demonstration or commer8 cial application project under this title to be provided from 

9 non-Federal sources. The Secretary may reduce the non10 Federal requirement under this subsection if the Secretary 

11 determines that the reduction is necessary and appropriate 

12 considering the technological risks involved in the project 

13 and is necessary to meet the objectives of this title. 

14 (c) CALCULATION OF AMOUNT.—In calculating the 

15 amount of the non-Federal commitment under subsection 

16 (a) or (b), the Secretary may include personnel, services, 

17 equipment, and other resources. 

18 SEC. 183. MERIT REVIEW OF PROPOSALS. 

19 Awards of funds authorized under this title shall be 

20 made only after an impartial review of the scientific and 

21 technical merit of the proposals for such awards has been 

22 carried out by or for the Department. 
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1 SEC. 184. EXTERNAL TECHNICAL REVIEW OF DEPART2 MENTAL PROGRAMS. 

3 (a) NATIONAL ENERGY RESEARCH AND DEVELOP4 MENT ADVISORY BOARDS.—(1) The Secretary shall estab5 lish one or more advisory boards to review Department 

6 research, development, demonstration, and commercial ap7 plication programs in the following areas: 

8 (A) Energy efficiency. 

9 (B) Renewable energy. 

10 (C) Nuclear energy. 

11 (D) Fossil energy. 

12 (2) The Secretary may designate an existing advisory 

13 board within the Department to fulfill the responsibilities 

14 of an advisory board under this subsection, and may enter 

15 into appropriate arrangements with the National Academy 

16 of Sciences to establish such an advisory board. 

17 (b) UTILIZATION OF EXISTING COMMITTEES.—The 

18 Secretary shall continue to use the scientific program advi19 sory committees chartered under the Federal Advisory 

20 Committee Act by the Office of Science to oversee research 

21 and development programs under that Office. 

22 (c) MEMBERSHIP.—Each advisory board under this 

23 section shall consist of persons with appropriate expertise 

24 representing a diverse range of interests. 

25 (d) MEETINGS AND PURPOSES.—Each advisory 

26 board under this section shall meet at least semi-annually 
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1 to review and advise on the progress made by the respec2 tive research, development, demonstration, and commer3 cial application program or programs. The advisory board 

4 shall also review the measurable cost and performance5 based goals for such programs as established under sec6 tion 102, and the progress on meeting such goals. 

7 (e) PERIODIC REVIEWS AND ASSESSMENTS.—The 

8 Secretary shall enter into appropriate arrangements with 

9 the National Academy of Sciences to conduct periodic re10 views and assessments of the programs authorized by this 

11 title, the measurable cost and performance-based goals for 

12 such programs as established under section 102, if any, 

13 and the progress on meeting such goals. Such reviews and 

14 assessments shall be conducted every 5 years, or more 

15 often as the Secretary considers necessary, and the Sec16 retary shall transmit to the Congress reports containing 

17 the results of all such reviews and assessments. 

18 SEC. 185. IMPROVED COORDINATION OF TECHNOLOGY 

19 TRANSFER ACTIVITIES. 

20 (a) TECHNOLOGY TRANSFER COORDINATOR.—The 

21 Secretary shall designate a Technology Transfer Coordi22 nator to perform oversight of and policy development for 

23 technology transfer activities at the Department. The 

24 Technology Transfer Coordinator shall coordinate the ac25 tivities of the Technology Transfer Working Group, and 
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1 shall oversee the expenditure of funds allocated to the 

2 Technology Transfer Working Group, and shall coordinate 

3 with each technology partnership ombudsman appointed 

4 under section 11 of the Technology Transfer Commer5 cialization Act of 2000 (42 U.S.C. 7261c). 

6 (b) TECHNOLOGY TRANSFER WORKING GROUP.—

7 The Secretary shall establish a Technology Transfer 

8 Working Group, which shall consist of representatives of 

9 the National Laboratories and single-purpose research fa10 cilities, to— 

11 (1) coordinate technology transfer activities oc12 curring at National Laboratories and single-purpose 

13 research facilities; 

14 (2) exchange information about technology 

15 transfer practices, including alternative approaches 

16 to resolution of disputes involving intellectual prop17 erty rights and other technology transfer matters; 

18 and 

19 (3) develop and disseminate to the public and 

20 prospective technology partners information about 

21 opportunities and procedures for technology transfer 

22 with the Department, including those related to al23 ternative approaches to resolution of disputes involv24 ing intellectual property rights and other technology 

25 transfer matters.
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1 (c) TECHNOLOGY TRANSFER RESPONSIBILITY.—

2 Nothing in this section shall affect the technology transfer 

3 responsibilities of Federal employees under the Stevenson4 Wydler Technology Innovation Act of 1980. 

5 SEC. 186. TECHNOLOGY INFRASTRUCTURE PROGRAM. 

6 (a) ESTABLISHMENT.—The Secretary shall establish 

7 a Technology Infrastructure Program in accordance with 

8 this section. 

9 (b) PURPOSE.—The purpose of the Technology Infra10 structure Program shall be to improve the ability of Na11 tional Laboratories and single-purpose research facilities 

12 to support departmental missions by— 

13 (1) stimulating the development of technology 

14 clusters that can support departmental missions at 

15 the National Laboratories or single-purpose research 

16 facilities; 

17 (2) improving the ability of National Labora18 tories and single-purpose research facilities to lever19 age and benefit from commercial research, tech20 nology, products, processes, and services; and 

21 (3) encouraging the exchange of scientific and 

22 technological expertise between National Labora23 tories or single-purpose research facilities and— 

24 (A) institutions of higher education; 

25 (B) technology-related business concerns; 
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1 (C) nonprofit institutions; and 

2 (D) agencies of State, tribal, or local gov3 ernments, 

4 that can support departmental missions at the Na5 tional Laboratories or single-purpose research facili6 ties. 

7 (c) PROJECTS.—The Secretary shall authorize the 

8 Director of each National Laboratory or single-purpose re9 search facility to implement the Technology Infrastructure 

10 Program at such National Laboratory or facility through 

11 projects that meet the requirements of subsections (d) and 

12 (e). 

13 (d) PROGRAM REQUIREMENTS.—Each project funded 

14 under this section shall meet the following requirements: 

15 (1) MINIMUM PARTICIPANTS.—Each project 

16 shall at a minimum include one of the following enti17 ties: 

18 (A) A business. 

19 (B) An institution of higher education. 

20 (C) A nonprofit institution. 

21 (D) An agency of a State, local, or tribal 

22 government. 

23 (2) COST SHARING.— 

24 (A) MINIMUM AMOUNT.—Not less than 50 

25 percent of the costs of each project funded 
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1 under this section shall be provided from non2 Federal sources. 

3 (B) QUALIFIED FUNDING AND RE4 SOURCES.—(i) The calculation of costs paid by 

5 the non-Federal sources to a project shall in6 clude cash, personnel, services, equipment, and 

7 other resources expended on the project. 

8 (ii) Independent research and development 

9 expenses of Government contractors that qual10 ify for reimbursement under section 31–205–

11 18(e) of the Federal Acquisition Regulations 

12 issued pursuant to section 25(c)(1) of the Of13 fice of Federal Procurement Policy Act (41 

14 U.S.C. 421(c)(1)) may be credited towards 

15 costs paid by non-Federal sources to a project, 

16 if the expenses meet the other requirements of 

17 this section. 

18 (iii) No funds or other resources expended 

19 either before the start of a project under this 

20 section or outside the project’s scope of work 

21 shall be credited toward the costs paid by the 

22 non-Federal sources to the project. 

23 (3) COMPETITIVE SELECTION.—All projects 

24 under this section shall be competitively selected 

25 using procedures determined by the Secretary. 
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1 (4) ACCOUNTING STANDARDS.—Any participant 

2 that receives funds under this section may use gen3 erally accepted accounting principles for maintaining 

4 accounts, books, and records relating to the project. 

5 (5) LIMITATIONS.—No Federal funds shall be 

6 made available under this section for— 

7 (A) construction; or 

8 (B) any project for more than 5 years. 

9 (e) SELECTION CRITERIA.— 

10 (1) THRESHOLD FUNDING CRITERIA.—The Sec11 retary shall allocate funds under this section only if 

12 the Director of the National Laboratory or single13 purpose research facility managing the project deter14 mines that the project is likely to improve the ability 

15 of the National Laboratory or single-purpose re16 search facility to achieve technical success in meet17 ing departmental missions. 

18 (2) ADDITIONAL CRITERIA.—The Secretary 

19 shall consider the following criteria in selecting a 

20 project to receive Federal funds: 

21 (A) The potential of the project to succeed, 

22 based on its technical merit, team members, 

23 management approach, resources, and project 

24 plan. 
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1 (B) The potential of the project to promote 

2 the development of a commercially sustainable 

3 technology cluster, which will derive most of the 

4 demand for its products or services from the 

5 private sector, and which will support depart6 mental missions at the participating National 

7 Laboratory or single-purpose research facility. 

8 (C) The potential of the project to promote 

9 the use of commercial research, technology, 

10 products, processes, and services by the partici11 pating National Laboratory or single-purpose 

12 research facility to achieve its departmental 

13 mission or the commercial development of tech14 nological innovations made at the participating 

15 National Laboratory or single-purpose research 

16 facility. 

17 (D) The commitment shown by non-Fed18 eral organizations to the project, based pri19 marily on the nature and amount of the finan20 cial and other resources they will risk on the 

21 project. 

22 (E) The extent to which the project in23 volves a wide variety and number of institutions 

24 of higher education, nonprofit institutions, and 

25 technology-related business concerns that can
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1 support the missions of the participating Na2 tional Laboratory or single-purpose research fa3 cility and that will make substantive contribu4 tions to achieving the goals of the project. 

5 (F) The extent of participation in the 

6 project by agencies of State, tribal, or local gov7 ernments that will make substantive contribu8 tions to achieving the goals of the project. 

9 (G) The extent to which the project fo10 cuses on promoting the development of tech11 nology-related business concerns that are small 

12 businesses or involves such small businesses 

13 substantively in the project. 

14 (H) Such other criteria as the Secretary 

15 determines to be appropriate. 

16 (f) ALLOCATION.—In allocating funds for projects 

17 approved under this section, the Secretary shall provide—

18 (1) the Federal share of the project costs; and 

19 (2) additional funds to the National Laboratory 

20 or single-purpose research facility managing the 

21 project to permit the National Laboratory or single22 purpose research facility to carry out activities relat23 ing to the project, and to coordinate such activities 

24 with the project. 
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1 (g) REPORT TO CONGRESS.—Not later than January 

2 1, 2005, the Secretary shall report to Congress on whether 

3 the Technology Infrastructure Program should be contin4 ued and, if so, how the program should be managed. 

5 (h) DEFINITIONS.—In this section: 

6 (1) TECHNOLOGY CLUSTER.—The term ‘‘tech7 nology cluster’’ means a group of— 

8 (A) technology-related business concerns; 

9 (B) institutions of higher education; or 

10 (C) other nonprofit institutions, 

11 that reinforce each other’s performance in the areas 

12 of technology development through formal or infor13 mal relationships. 

14 (2) TECHNOLOGY-RELATED BUSINESS CON15 CERN.—The term ‘‘technology-related business con16 cern’’ means a for-profit corporation, company, asso17 ciation, firm, partnership, or small business concern 

18 that— 

19 (A) conducts scientific or engineering re20 search; 

21 (B) develops new technologies; 

22 (C) manufactures products based on new 

23 technologies; or 

24 (D) performs technological services. 
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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary for ac3 tivities under this section $10,000,000 for each of fiscal 

4 years 2003 and 2004. 

5 SEC. 187. SMALL BUSINESS ADVOCACY AND ASSISTANCE. 

6 (a) SMALL BUSINESS ADVOCATE.—The Secretary 

7 shall require the Director of each National Laboratory, 

8 and may require the Director of a single-purpose research 

9 facility, to designate a small business advocate to— 

10 (1) increase the participation of small business 

11 concerns, including socially and economically dis12 advantaged small business concerns, in procurement, 

13 collaborative research, technology licensing, and 

14 technology transfer activities conducted by the Na15 tional Laboratory or single-purpose research facility; 

16 (2) report to the Director of the National Lab17 oratory or single-purpose research facility on the ac18 tual participation of small business concerns in pro19 curement and collaborative research along with rec20 ommendations, if appropriate, on how to improve 

21 participation; 

22 (3) make available to small business concerns 

23 training, mentoring, and clear, up-to-date informa24 tion on how to participate in the procurement and 

25 collaborative research, including how to submit effec-
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1 tive proposals, and information related to alternative 

2 approaches to resolution of disputes involving intel3 lectual property rights and other technology transfer 

4 matters; 

5 (4) increase the awareness inside the National 

6 Laboratory or single-purpose research facility of the 

7 capabilities and opportunities presented by small 

8 business concerns; and 

9 (5) establish guidelines for the program under 

10 subsection (b) and report on the effectiveness of 

11 such program to the Director of the National Lab12 oratory or single-purpose research facility. 

13 (b) ESTABLISHMENT OF SMALL BUSINESS ASSIST14 ANCE PROGRAM.—The Secretary shall require the Direc15 tor of each National Laboratory, and may require the Di16 rector of a single-purpose research facility, to establish a 

17 program to provide small business concerns— 

18 (1) assistance directed at making them more ef19 fective and efficient subcontractors or suppliers to 

20 the National Laboratory or single-purpose research 

21 facility; or 

22 (2) general technical assistance, the cost of 

23 which shall not exceed $10,000 per instance of as24 sistance, to improve the small business concern’s 

25 products or services. 
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1 (c) USE OF FUNDS.—None of the funds expended 

2 under subsection (b) may be used for direct grants to the 

3 small business concerns. 

4 (d) DEFINITIONS.—In this section: 

5 (1) SMALL BUSINESS CONCERN.—The term 

6 ‘‘small business concern’’ has the meaning given 

7 such term in section 3 of the Small Business Act 

8 (15 U.S.C. 632). 

9 (2) SOCIALLY AND ECONOMICALLY DISADVAN10 TAGED SMALL BUSINESS CONCERNS.—The term ‘‘so11 cially and economically disadvantaged small business 

12 concerns’’ has the meaning given such term in sec13 tion 8(a)(4) of the Small Business Act (15 U.S.C. 

14 637(a)(4)). 

15 SEC. 188. MOBILITY OF SCIENTIFIC AND TECHNICAL PER16 SONNEL. 

17 Not later than 2 years after the date of enactment 

18 of this section, the Secretary shall transmit a report to 

19 the Congress identifying any policies or procedures of a 

20 contractor operating a National Laboratory or single-pur21 pose research facility that create disincentives to the tem22 porary transfer of scientific and technical personnel 

23 among the contractor-operated National Laboratories or 

24 contractor-operated single-purpose research facilities.
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1 SEC. 189. NATIONAL ACADEMY OF SCIENCES REPORT. 

2 Within 90 days after the date of enactment of this 

3 Act, the Secretary shall enter into an arrangement with 

4 the National Academy of Sciences for the Academy to—

5 (1) conduct a study on—

6 (A) the obstacles to accelerating the re7 search, development, demonstration, and com8 mercial application cycle for energy technology; 

9 and 

10 (B) the adequacy of Department policies 

11 and procedures for, and oversight of, technology 

12 transfer-related disputes between contractors of 

13 the Department and the private sector; and 

14 (2) report to the Congress on recommendations 

15 developed as a result of the study. 

16 SEC. 190. OUTREACH. 

17 The Secretary shall ensure that each program au18 thorized by this title includes an outreach component to 

19 provide information, as appropriate, to manufacturers, 

20 consumers, engineers, architects, builders, energy service 

21 companies, institutions of higher education, facility plan22 ners and managers, State and local governments, and 

23 other entities. 

24 SEC. 191. LIMITS ON USE OF FUNDS. 

25 (a) COMPETITIVE PROCEDURE REQUIREMENT.—

26 None of the funds authorized to be appropriated to the 
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1 Secretary by this title may be used to award a manage2 ment and operating contract for a nonmilitary energy lab3 oratory of the Department unless such contract is com4 petitively awarded or the Secretary grants, on a case-by5 case basis, a waiver to allow for such a deviation. The Sec6 retary may not delegate the authority to grant such a 

7 waiver. 

8 (b) CONGRESSIONAL NOTICE.—At least 2 months be9 fore a contract award for which the Secretary intends to 

10 grant such a waiver, the Secretary shall submit to the 

11 Congress a report notifying the Congress of the waiver 

12 and setting forth the reasons for the waiver. 

13 SEC. 192. REPROGRAMMING. 

14 (a) DISTRIBUTION REPORT.—Not later than 60 days 

15 after the date of the enactment of an Act appropriating 

16 amounts authorized under this title, the Secretary shall 

17 transmit to the appropriate authorizing committees of the 

18 Congress a report explaining how such amounts will be 

19 distributed among the authorizations contained in this 

20 title. 

21 (b) PROHIBITION.—(1) No amount identified under 

22 subsection (a) shall be reprogrammed if such reprogram23 ming would result in an obligation which changes an indi24 vidual distribution required to be reported under sub25 section (a) by more than 5 percent unless the Secretary 
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1 has transmitted to the appropriate authorizing committees 

2 of the Congress a report described in subsection (c) and 

3 a period of 30 days has elapsed after such committees re4 ceive the report. 

5 (2) In the computation of the 30-day period described 

6 in paragraph (1), there shall be excluded any day on which 

7 either House of Congress is not in session because of an 

8 adjournment of more than 3 days to a day certain. 

9 (c) REPROGRAMMING REPORT.—A report referred to 

10 in subsection (b)(1) shall contain a full and complete 

11 statement of the action proposed to be taken and the facts 

12 and circumstances relied on in support of the proposed 

13 action. 

14 SEC. 193. CONSTRUCTION WITH OTHER LAWS. 

15 Except as otherwise provided in this title, the Sec16 retary shall carry out the research, development, dem17 onstration, and commercial application programs, 

18 projects, and activities authorized by this title in accord19 ance with the applicable provisions of the Atomic Energy 

20 Act of 1954 (42 U.S.C. et seq.), the Federal Nonnuclear 

21 Research and Development Act of 1974 (42 U.S.C. 5901 

22 et seq.), the Energy Policy Act of 1992 (42 U.S.C. 13201 

23 et seq.), the Stevenson-Wydler Technology Innovation Act 

24 of 1980 (15 U.S.C. 3701 et seq.), chapter 18 of title 35, 

25 United States Code (commonly referred to as the Bayh-
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1 Dole Act), and any other Act under which the Secretary 

2 is authorized to carry out such activities.

3 TITLE II—DEPARTMENT OF 

4 ENERGY MANAGEMENT 

5 SEC. 201. IMPROVED COORDINATION AND MANAGEMENT 

6 OF CIVILIAN SCIENCE AND TECHNOLOGY 

7 PROGRAMS. 

8 (a) RECONFIGURATION OF POSITION OF DIRECTOR

9 OF THE OFFICE OF SCIENCE.—Section 209 of the Depart10 ment of Energy Organization Act (41 U.S.C. 7139) is 

11 amended to read as follows: 

12 ‘‘OFFICE OF SCIENCE

13 ‘‘SEC. 209. (a) There shall be within the Department 

14 an Office of Science, to be headed by an Assistant Sec15 retary of Science, who shall be appointed by the President, 

16 by and with the advice and consent of the Senate, and 

17 who shall be compensated at the rate provided for level 

18 IV of the Executive Schedule under section 5315 of title 

19 5, United States Code. 

20 ‘‘(b) The Assistant Secretary of Science shall be in 

21 addition to the Assistant Secretaries provided for under 

22 section 203 of this Act. 

23 ‘‘(c) It shall be the duty and responsibility of the As24 sistant Secretary of Science to carry out the fundamental 
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1 science and engineering research functions of the Depart2 ment, including the responsibility for policy and manage3 ment of such research, as well as other functions vested 

4 in the Secretary which he may assign to the Assistant Sec5 retary.’’. 

6 (b) ADDITIONAL ASSISTANT SECRETARY POSITION

7 TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR EN8 ERGY ISSUES.—(1) Section 203(a) of the Department of 

9 Energy Organization Act (42 U.S.C. 7133(a)) is amended 

10 by striking ‘‘There shall be in the Department six Assist11 ant Secretaries’’ and inserting ‘‘Except as provided in sec12 tion 209, there shall be in the Department seven Assistant 

13 Secretaries’’. 

14 (2) It is the sense of the Congress that the leadership 

15 for departmental missions in nuclear energy should be at 

16 the Assistant Secretary level. 

17 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

18 (1) Section 5315 of title 5, United States Code, is amend19 ed by—

20 (A) striking ‘‘Director, Office of Science, De21 partment of Energy.’’; and 

22 (B) striking ‘‘Assistant Secretaries of Energy 

23 (6)’’ and inserting ‘‘Assistant Secretaries of Energy 

24 (8)’’.
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1 (2) The table of contents for the Department of En2 ergy Organization Act (42 U.S.C. 7101 note) is amend3 ed— 

4 (A) by striking ‘‘Section 209’’ and inserting 

5 ‘‘Sec. 209’’; 

6 (B) by striking ‘‘213.’’ and inserting ‘‘Sec. 

7 213.’’; 

8 (C) by striking ‘‘214.’’ and inserting ‘‘Sec. 

9 214.’’; 

10 (D) by striking ‘‘215.’’ and inserting ‘‘Sec. 

11 215.’’; and 

12 (E) by striking ‘‘216.’’ and inserting ‘‘Sec. 

13 216.’’. 

14 TITLE III—CLEAN SCHOOL 

15 BUSES 

16 SEC. 301. ESTABLISHMENT OF PILOT PROGRAM. 

17 (a) ESTABLISHMENT.—The Secretary of Energy, in 

18 consultation with the Administrator of the Environmental 

19 Protection Agency, shall establish a pilot program for 

20 awarding grants on a competitive basis to eligible entities 

21 for the demonstration and commercial application of alter22 native fuel school buses and ultra-low sulfur diesel school 

23 buses. 

24 (b) REQUIREMENTS.—Not later than 3 months after 

25 the date of the enactment of this Act, the Secretary shall 
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1 establish and publish in the Federal register grant require2 ments on eligibility for assistance, and on implementation 

3 of the program established under subsection (a), including 

4 certification requirements to ensure compliance with this 

5 title. 

6 (c) SOLICITATION.—Not later than 6 months after 

7 the date of the enactment of this Act, the Secretary shall 

8 solicit proposals for grants under this section. 

9 (d) ELIGIBLE RECIPIENTS.—A grant shall be award10 ed under this section only—

11 (1) to a local or State governmental entity re12 sponsible for providing school bus service to one or 

13 more public school systems or responsible for the 

14 purchase of school buses; or 

15 (2) to a contracting entity that provides school 

16 bus service to one or more public school systems, if 

17 the grant application is submitted jointly with the 

18 school system or systems which the buses will serve. 

19 (e) TYPES OF GRANTS.—

20 (1) IN GENERAL.—Grants under this section 

21 shall be for the demonstration and commercial appli22 cation of technologies to facilitate the use of alter23 native fuel school buses and ultra-low sulfur diesel 

24 school buses in lieu of buses manufactured before 
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1 model year 1977 and diesel-powered buses manufac2 tured before model year 1991. 

3 (2) NO ECONOMIC BENEFIT.—Other than the 

4 receipt of the grant, a recipient of a grant under this 

5 section may not receive any economic benefit in con6 nection with the receipt of the grant. 

7 (3) PRIORITY OF GRANT APPLICATIONS.—The 

8 Secretary shall give priority to awarding grants to 

9 applicants who can demonstrate the use of alter10 native fuel buses and ultra-low sulfur diesel school 

11 buses in lieu of buses manufactured before model 

12 year 1977. 

13 (f) CONDITIONS OF GRANT.—A grant provided under 

14 this section shall include the following conditions: 

15 (1) All buses acquired with funds provided 

16 under the grant shall be operated as part of the 

17 school bus fleet for which the grant was made for a 

18 minimum of 5 years. 

19 (2) Funds provided under the grant may only 

20 be used—

21 (A) to pay the cost, except as provided in 

22 paragraph (3), of new alternative fuel school 

23 buses or ultra-low sulfur diesel school buses, in24 cluding State taxes and contract fees; and 

25 (B) to provide—
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1 (i) up to 10 percent of the price of the 

2 alternative fuel buses acquired, for nec3 essary alternative fuel infrastructure if the 

4 infrastructure will only be available to the 

5 grant recipient; and 

6 (ii) up to 15 percent of the price of 

7 the alternative fuel buses acquired, for nec8 essary alternative fuel infrastructure if the 

9 infrastructure will be available to the grant 

10 recipient and to other bus fleets. 

11 (3) The grant recipient shall be required to pro12 vide at least the lesser of 15 percent of the total cost 

13 of each bus received or $15,000 per bus. 

14 (4) In the case of a grant recipient receiving a 

15 grant to demonstrate ultra-low sulfur diesel school 

16 buses, the grant recipient shall be required to pro17 vide documentation to the satisfaction of the Sec18 retary that diesel fuel containing sulfur at not more 

19 than 15 parts per million is available for carrying 

20 out the purposes of the grant, and a commitment by 

21 the applicant to use such fuel in carrying out the 

22 purposes of the grant. 

23 (g) BUSES.—Funding under a grant made under this 

24 section may be used to demonstrate the use only of new
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1 alternative fuel school buses or ultra-low sulfur diesel 

2 school buses—

3 (1) with a gross vehicle weight of greater than 

4 14,000 pounds; 

5 (2) that are powered by a heavy duty engine; 

6 (3) that, in the case of alternative fuel school 

7 buses manufactured in model years 2003 through 

8 2006, emit not more than 1.8 grams per brake 

9 horsepower-hour of nonmethane hydrocarbons and 

10 oxides of nitrogen and .01 grams per brake horse11 power-hour of particulate matter; and 

12 (4) that, in the case of ultra-low sulfur diesel 

13 school buses, emit not more than—

14 (A) for buses manufactured in model year 

15 2003, 3.0 grams per brake horsepower-hour of 

16 oxides of nitrogen and .01 grams per brake 

17 horsepower-hour of particulate matter; and 

18 (B) for buses manufactured in model years 

19 2004 through 2006, 2.5 grams per brake horse20 power-hour of nonmethane hydrocarbons and 

21 oxides of nitrogen and .01 grams per brake 

22 horsepower-hour of particulate matter, 

23 except that under no circumstances shall buses be 

24 acquired under this section that emit nonmethane 

25 hydrocarbons, oxides of nitrogen, or particulate mat-
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1 ter at a rate greater than the best performing tech2 nology of the same class of ultra-low sulfur diesel 

3 school buses commercially available at the time the 

4 grant is made. 

5 (h) DEPLOYMENT AND DISTRIBUTION.—The Sec6 retary shall seek to the maximum extent practicable to 

7 achieve nationwide deployment of alternative fuel school 

8 buses and ultra-low sulfur diesel school buses through the 

9 program under this section, and shall ensure a broad geo10 graphic distribution of grant awards, with a goal of no 

11 State receiving more than 10 percent of the grant funding 

12 made available under this section for a fiscal year. 

13 (i) LIMIT ON FUNDING.—The Secretary shall provide 

14 not less than 20 percent and not more than 25 percent 

15 of the grant funding made available under this section for 

16 any fiscal year for the acquisition of ultra-low sulfur diesel 

17 school buses. 

18 (j) ANNUAL REPORT.—Not later than January 31 of 

19 each year, the Secretary of Energy shall provide a report 

20 evaluating implementation of the program under this title 

21 to the Congress. Such report shall include the total num22 ber of grant applications received, the number and types 

23 of alternative fuel buses and ultra-low sulfur diesel school 

24 buses requested in grant applications, a list of grants 

25 awarded and the criteria used to select the grant recipi-
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1 ents, certified engine emission levels of all buses purchased 

2 under the program, and any other information the Sec3 retary considers appropriate. 

4 (k) DEFINITIONS.—For purposes of this section—

5 (1) the term ‘‘alternative fuel school bus’’ 

6 means a bus powered substantially by electricity (in7 cluding electricity supplied by a fuel cell), or by liq8 uefied natural gas, compressed natural gas, liquefied 

9 petroleum gas, hydrogen, propane, or methanol or 

10 ethanol at no less than 85 percent by volume; and 

11 (2) the term ‘‘ultra-low sulfur diesel school 

12 bus’’ means a school bus powered by diesel fuel 

13 which contains sulfur at not more than 15 parts per 

14 million. 

15 SEC. 302. FUEL CELL BUS DEVELOPMENT AND DEM16 ONSTRATION PROGRAM. 

17 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

18 shall establish a program for entering into cooperative 

19 agreements with private sector fuel cell bus developers for 

20 the development of fuel cell-powered school buses, and 

21 subsequently with not less than 2 units of local govern22 ment using natural gas-powered school buses and such 

23 private sector fuel cell bus developers to demonstrate the 

24 use of fuel cell-powered school buses. 
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1 (b) COST SHARING.—The non-Federal contribution 

2 for activities funded under this section shall be not less 

3 than—

4 (1) 20 percent for fuel infrastructure develop5 ment activities; and 

6 (2) 50 percent for demonstration activities and 

7 for development activities not described in paragraph 

8 (1). 

9 (c) FUNDING.—No more than $25,000,000 of the 

10 amounts authorized under section 303 may be used for 

11 carrying out this section for the period encompassing fis12 cal years 2004 through 2006. 

13 (d) REPORTS TO CONGRESS.—Not later than 3 years 

14 after the date of the enactment of this Act, and not later 

15 than October 1, 2006, the Secretary shall transmit to the 

16 Congress a report that—

17 (1) evaluates the process of converting natural 

18 gas infrastructure to accommodate fuel cell-powered 

19 school buses; and 

20 (2) assesses the results of the development and 

21 demonstration program under this section. 

22 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Sec24 retary for carrying out this title, to remain available until 

25 expended—
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1 (1) $60,000,000 for fiscal year 2003; 

2 (2) $70,000,000 for fiscal year 2004; 

3 (3) $80,000,000 for fiscal year 2005; and 

4 (4) $90,000,000 for fiscal year 2006. 

5 TITLE IV—ALTERNATIVE 

6 FUELED AND ADVANCED VE7 HICLES 

8 SEC. 401. DEFINITIONS. 

9 For the purposes of this title, the following defini10 tions apply: 

11 (1) ALTERNATIVE FUELED VEHICLE.—The 

12 term ‘‘alternative fueled vehicle’’ means a vehicle 

13 propelled solely on an alternative fuel as defined in 

14 section 301 of the Energy Policy Act (42 U.S.C. 

15 13211), except the term does not include any vehicle 

16 that the Secretary determines, by rule, does not 

17 yield substantial environmental benefits over a vehi18 cle operating solely on gasoline or diesel derived 

19 from fossil fuels. 

20 (2) FUEL CELL VEHICLE.—The term ‘‘fuel cell 

21 vehicle’’ means a vehicle propelled by one or more 

22 cells that convert chemical energy directly into elec23 tricity by combining oxygen with hydrogen fuel 

24 which is stored on board the vehicle in any form and 

25 may or may not require reformation prior to use.
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1 (3) HYBRID VEHICLE.—The term ‘‘hybrid vehi2 cle’’ means a medium or heavy duty vehicle propelled 

3 by an internal combustion engine using any combus4 tible fuel and an onboard rechargeable battery stor5 age system. 

6 (4) NEIGHBORHOOD ELECTRIC VEHICLE.—The 

7 term ‘‘neighborhood electric vehicle’’ means a motor 

8 vehicle that qualifies as both—

9 (A) a low-speed vehicle, as such term is de10 fined in section 571.3(b) of title 49, Code of 

11 Federal Regulations; and 

12 (B) a zero-emission vehicle, as such term is 

13 defined in section 86.1702–99 of title 40, Code 

14 of Federal Regulations. 

15 (5) PILOT PROGRAM.—The term ‘‘pilot pro16 gram’’ means the competitive grant program estab17 lished under section 402. 

18 (6) ULTRA-LOW SULFUR DIESEL VEHICLE.—

19 The term ‘‘ultra-low sulfur diesel vehicle’’ means a 

20 vehicle manufactured in model years 2004 through 

21 2006 powered by a heavy-duty diesel engine that—

22 (A) is fueled by diesel fuel which contains 

23 sulfur at not more than 15 parts per million; 

24 and 

25 (B) emits not more than the lesser of—
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1 (i) for vehicles manufactured in—

2 (I) model year 2003, 3.0 grams 

3 per brake horsepower-hour of oxides 

4 of nitrogen and .01 grams per brake 

5 horsepower-hour of particulate matter; 

6 and 

7 (II) model years 2004 through 

8 2006, 2.5 grams per brake horse9 power-hour of nonmethane hydro10 carbons and oxides of nitrogen and 

11 .01 grams per brake horsepower-hour 

12 of particulate matter; or 

13 (ii) the emissions of nonmethane hy14 drocarbons, oxides of nitrogen, and partic15 ulate matter of the best performing tech16 nology of ultra-low sulfur diesel vehicles of 

17 the same class and application that are 

18 commercially available. 

19 SEC. 402. PILOT PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary shall establish 

21 a competitive grant pilot program, to be administered 

22 through the Clean Cities Program of the Department of 

23 Energy, to provide not more than 15 geographically dis24 persed project grants to State governments, local govern25 ments, or metropolitan transportation authorities to carry 
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1 out a project or projects for the purposes described in sub2 section (b). 

3 (b) GRANT PURPOSES.—Grants under this section 

4 may be used for the following purposes: 

5 (1) The acquisition of alternative fueled vehicles 

6 or fuel cell vehicles, including—

7 (A) passenger vehicles including neighbor8 hood electric vehicles; and 

9 (B) motorized two-wheel bicycles, scooters, 

10 or other vehicles for use by law enforcement 

11 personnel or other State or local government or 

12 metropolitan transportation authority employ13 ees. 

14 (2) The acquisition of alternative fueled vehi15 cles, hybrid vehicles, or fuel cell vehicles, including—

16 (A) buses used for public transportation or 

17 transportation to and from schools; 

18 (B) delivery vehicles for goods or services; 

19 and 

20 (C) ground support vehicles at public air21 ports, including vehicles to carry baggage or 

22 push airplanes away from terminal gates. 

23 (3) The acquisition of ultra-low sulfur diesel ve24 hicles. 
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1 (4) Infrastructure necessary to directly support 

2 an alternative fueled vehicle, fuel cell vehicle, or hy3 brid vehicle project funded by the grant, including 

4 fueling and other support equipment. 

5 (5) Operation and maintenance of vehicles, in6 frastructure, and equipment acquired as part of a 

7 project funded by the grant. 

8 (c) APPLICATIONS.—

9 (1) REQUIREMENTS.—The Secretary shall issue 

10 requirements for applying for grants under the pilot 

11 program. At a minimum, the Secretary shall require 

12 that applications be submitted by the head of a 

13 State or local government or a metropolitan trans14 portation authority, or any combination thereof, and 

15 a registered participant in the Clean Cities Program 

16 of the Department of Energy, and shall include—

17 (A) at least one project to enable pas18 sengers or goods to be transferred directly from 

19 vehicles acquired under this section to a local, 

20 regional, or national transportation system; 

21 (B) a description of the projects proposed 

22 in the application, including how they meet the 

23 requirements of this title;
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1 (C) an estimate of the ridership or degree 

2 of use of the projects proposed in the applica3 tion; 

4 (D) an estimate of the air pollution emis5 sions reduced and fossil fuel displaced as a re6 sult of the projects proposed in the application, 

7 and a plan to collect and disseminate environ8 mental data, related to the projects to be fund9 ed under the grant, over the life of the projects; 

10 (E) a description of how the projects pro11 posed in the application will be sustainable 

12 without Federal assistance after the completion 

13 of the term of the grant; 

14 (F) a complete description of the costs of 

15 each project proposed in the application, includ16 ing acquisition, construction, operation, and 

17 maintenance costs over the expected life of the 

18 project; 

19 (G) a description of which costs of the 

20 projects proposed in the application will be sup21 ported by Federal assistance under this title; 

22 and 

23 (H) documentation to the satisfaction of 

24 the Secretary that diesel fuel containing sulfur 

25 at not more than 15 parts per million is avail-
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1 able for carrying out the projects, and a com2 mitment by the applicant to use such fuel in 

3 carrying out the projects. 

4 (2) PARTNERS.—An applicant under paragraph 

5 (1) may carry out projects under the pilot program 

6 in partnership with public and private entities. 

7 (d) SELECTION CRITERIA.—In evaluating applica8 tions under the pilot program, the Secretary shall consider 

9 each applicant’s previous experience with similar projects 

10 and shall give priority consideration to applications that—

11 (1) are most likely to maximize protection of 

12 the environment; 

13 (2) demonstrate the greatest commitment on 

14 the part of the applicant to ensure funding for the 

15 proposed projects and the greatest likelihood that 

16 each project proposed in the application will be 

17 maintained or expanded after Federal assistance 

18 under this title is completed; and 

19 (3) exceed the minimum requirements of sub20 section (c)(1)(A). 

21 (e) PILOT PROJECT REQUIREMENTS.—

22 (1) MAXIMUM AMOUNT.—The Secretary shall 

23 not provide more than $20,000,000 in Federal as24 sistance under the pilot program to any applicant. 
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1 (2) COST SHARING.—The Secretary shall not 

2 provide more than 50 percent of the cost, incurred 

3 during the period of the grant, of any project under 

4 the pilot program. 

5 (3) MAXIMUM PERIOD OF GRANTS.—The Sec6 retary shall not fund any applicant under the pilot 

7 program for more than 5 years. 

8 (4) DEPLOYMENT AND DISTRIBUTION.—The 

9 Secretary shall seek to the maximum extent prac10 ticable to ensure a broad geographic distribution of 

11 project sites. 

12 (5) TRANSFER OF INFORMATION AND KNOWL13 EDGE.—The Secretary shall establish mechanisms to 

14 ensure that the information and knowledge gained 

15 by participants in the pilot program are transferred 

16 among the pilot program participants and to other 

17 interested parties, including other applicants that 

18 submitted applications. 

19 (f) SCHEDULE.—

20 (1) PUBLICATION.—Not later than 3 months 

21 after the date of the enactment of this Act, the Sec22 retary shall publish in the Federal Register, Com23 merce Business Daily, and elsewhere as appropriate, 

24 a request for applications to undertake projects 
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1 under the pilot program. Applications shall be due 

2 within 6 months of the publication of the notice. 

3 (2) SELECTION.—Not later than 6 months after 

4 the date by which applications for grants are due, 

5 the Secretary shall select by competitive, peer review 

6 all applications for projects to be awarded a grant 

7 under the pilot program. 

8 (g) LIMIT ON FUNDING.—The Secretary shall pro9 vide not less than 20 percent and not more than 25 per10 cent of the grant funding made available under this sec11 tion for the acquisition of ultra-low sulfur diesel vehicles. 

12 SEC. 403. REPORTS TO CONGRESS. 

13 (a) INITIAL REPORT.—Not later than 2 months after 

14 the date grants are awarded under this title, the Secretary 

15 shall transmit to the Congress a report containing—

16 (1) an identification of the grant recipients and 

17 a description of the projects to be funded; 

18 (2) an identification of other applicants that 

19 submitted applications for the pilot program; and 

20 (3) a description of the mechanisms used by the 

21 Secretary to ensure that the information and knowl22 edge gained by participants in the pilot program are 

23 transferred among the pilot program participants 

24 and to other interested parties, including other ap25 plicants that submitted applications.
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1 (b) EVALUATION.—Not later than 3 years after the 

2 date of the enactment of this Act, and annually thereafter 

3 until the pilot program ends, the Secretary shall transmit 

4 to the Congress a report containing an evaluation of the 

5 effectiveness of the pilot program, including an assessment 

6 of the benefits to the environment derived from the 

7 projects included in the pilot program as well as an esti8 mate of the potential benefits to the environment to be 

9 derived from widespread application of alternative fueled 

10 vehicles and ultra-low sulfur diesel vehicles. 

11 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Sec13 retary $200,000,000 to carry out this title, to remain 

14 available until expended.

15 TITLE V—CLEAN COAL 

16 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) CLEAN COAL POWER INITIATIVE.—Except as 

18 provided in subsection (b), there are authorized to be ap19 propriated to the Secretary to carry out the activities au20 thorized by this title $200,000,000 for each of the fiscal 

21 years 2003 through 2011, to remain available until ex22 pended. 

23 (b) LIMIT ON USE OF FUNDS.—Notwithstanding 

24 subsection (a), no funds may be used to carry out the ac25 tivities authorized by this title after September 30, 2003, 
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1 unless the Secretary has transmitted to the Committee on 

2 Energy and Commerce and the Committee on Science of 

3 the House of Representatives, and to the Senate, the re4 port required by this subsection and one month has 

5 elapsed since that transmission. The report shall include, 

6 with respect to subsection (a), a 10-year plan containing—

7 (1) a detailed assessment of whether the aggre8 gate funding levels provided under subsection (a) are 

9 the appropriate funding levels for that program; 

10 (2) a detailed description of how proposals will 

11 be solicited and evaluated, including a list of all ac12 tivities expected to be undertaken; 

13 (3) a detailed list of technical milestones for 

14 each coal and related technology that will be pur15 sued; and 

16 (4) a detailed description of how the program 

17 will avoid problems enumerated in General Account18 ing Office reports on the Clean Coal Technology 

19 Program, including problems that have resulted in 

20 unspent funds and projects that failed either finan21 cially or scientifically. 

22 (c) APPLICABILITY.—Subsection (b) shall not apply 

23 to any project begun before September 30, 2003. 
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1 SEC. 502. PROJECT CRITERIA. 

2 (a) IN GENERAL.—The Secretary shall not provide 

3 funding under this title for any project that does not ad4 vance efficiency, environmental performance, and cost 

5 competitiveness well beyond the level of technologies that 

6 are in operation or have been demonstrated as of the date 

7 of the enactment of this Act. 

8 (b) TECHNICAL CRITERIA FOR CLEAN COAL POWER

9 INITIATIVE.—

10 (1) GASIFICATION.—(A) In allocating the funds 

11 made available under section 501(a), the Secretary 

12 shall ensure that at least 80 percent of the funds are 

13 used only for projects on coal-based gasification 

14 technologies, including gasification combined cycle, 

15 gasification fuel cells, gasification coproduction, and 

16 hybrid gasification/combustion. 

17 (B) The Secretary shall set technical milestones 

18 specifying emissions levels that coal gasification 

19 projects must be designed to and reasonably ex20 pected to achieve. The milestones shall get more re21 strictive through the life of the program. The mile22 stones shall be designed to achieve by 2020 coal gas23 ification projects able—

24 (i) to remove 99 percent of sulfur dioxide; 

25 (ii) to emit no more than .05 lbs of NOx 

26 per million BTU; 
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1 (iii) to achieve substantial reductions in 

2 mercury emissions; and 

3 (iv) to achieve a thermal efficiency of— 

4 (I) 60 percent for coal of more than 

5 9,000 Btu; 

6 (II) 59 percent for coal of 7,000 to 

7 9,000 Btu; and 

8 (III) 57 percent for coal of less than 

9 7,000 Btu. 

10 (2) OTHER PROJECTS.—For projects not de11 scribed in paragraph (1), the Secretary shall set 

12 technical milestones specifying emissions levels that 

13 the projects must be designed to and reasonably ex14 pected to achieve. The milestones shall get more re15 strictive through the life of the program. The mile16 stones shall be designed to achieve by 2010 projects 

17 able—

18 (A) to remove 97 percent of sulfur dioxide; 

19 (B) to emit no more than .08 lbs of NOx 

20 per million BTU; 

21 (C) to achieve substantial reductions in 

22 mercury emissions; and 

23 (D) to achieve a thermal efficiency of—

24 (i) 45 percent for coal of more than 

25 9,000 Btu;
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1 (ii) 44 percent for coal of 7,000 to 

2 9,000 Btu; and 

3 (iii) 42 percent for coal of less than 

4 7,000 Btu. 

5 (3) CONSULTATION.—Before setting the tech6 nical milestones under paragraphs (1)(B) and (2), 

7 the Secretary shall consult with the Administrator of 

8 the Environmental Protection Agency and interested 

9 entities, including coal producers, industries using 

10 coal, organizations to promote coal or advanced coal 

11 technologies, environmental organizations, and orga12 nizations representing workers. 

13 (4) EXISTING UNITS.—In the case of projects 

14 at existing units, in lieu of the thermal efficiency re15 quirements set forth in paragraph (1)(B)(iv) and 

16 (2)(D), the projects shall be designed to achieve an 

17 overall thermal design efficiency improvement com18 pared to the efficiency of the unit as operated, of not 

19 less than— 

20 (A) 7 percent for coal of more than 9,000 

21 Btu; 

22 (B) 6 percent for coal of 7,000 to 9,000 

23 Btu; or 

24 (C) 4 percent for coal of less than 7,000 

25 Btu. 
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1 (5) PERMITTED USES.—In allocating funds 

2 made available under section 501, the Secretary may 

3 fund projects that include, as part of the project, the 

4 separation and capture of carbon dioxide. 

5 (c) FINANCIAL CRITERIA.—The Secretary shall not 

6 provide a funding award under this title unless the recipi7 ent has documented to the satisfaction of the Secretary 

8 that—

9 (1) the award recipient is financially viable 

10 without the receipt of additional Federal funding; 

11 (2) the recipient will provide sufficient informa12 tion to the Secretary for the Secretary to ensure 

13 that the award funds are spent efficiently and effec14 tively; and 

15 (3) a market exists for the technology being 

16 demonstrated or applied, as evidenced by statements 

17 of interest in writing from potential purchasers of 

18 the technology. 

19 (d) FINANCIAL ASSISTANCE.—The Secretary shall 

20 provide financial assistance to projects that meet the re21 quirements of subsections (a), (b), and (c) and are likely 

22 to—

23 (1) achieve overall cost reductions in the utiliza24 tion of coal to generate useful forms of energy; 
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1 (2) improve the competitiveness of coal among 

2 various forms of energy in order to maintain a diver3 sity of fuel choices in the United States to meet elec4 tricity generation requirements; and 

5 (3) demonstrate methods and equipment that 

6 are applicable to 25 percent of the electricity gener7 ating facilities that use coal as the primary feedstock 

8 as of the date of the enactment of this Act. 

9 (e) FEDERAL SHARE.—The Federal share of the cost 

10 of a coal or related technology project funded by the Sec11 retary shall not exceed 50 percent. 

12 (f) APPLICABILITY.—No technology, or level of emis13 sion reduction, shall be treated as adequately dem14 onstrated for purposes of section 111 of the Clean Air Act, 

15 achievable for purposes of section 169 of that Act, or 

16 achievable in practice for purposes of section 171 of that 

17 Act solely by reason of the use of such technology, or the 

18 achievement of such emission reduction, by one or more 

19 facilities receiving assistance under this title. 

20 SEC. 503. REPORT. 

21 Not later than 1 year after the date of the enactment 

22 of this Act, and once every 2 years thereafter through 

23 2011, the Secretary, in consultation with other appro24 priate Federal agencies, shall transmit to the Committee 

25 on Energy and Commerce and the Committee on Science 
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1 of the House of Representatives, and to the Senate, a re2 port describing—

3 (1) the technical milestones set forth in section 

4 502 and how those milestones ensure progress to5 ward meeting the requirements of subsections 

6 (b)(1)(B) and (b)(2) of section 502; and 

7 (2) the status of projects funded under this 

8 title. 

9 SEC. 504. CLEAN COAL CENTERS OF EXCELLENCE. 

10 As part of the program authorized in section 501, 

11 the Secretary shall award competitive, merit-based grants 

12 to universities for the establishment of Centers of Excel13 lence for Energy Systems of the Future. The Secretary 

14 shall provide grants to universities that can show the 

15 greatest potential for advancing new clean coal tech16 nologies.

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