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(A) in paragraph (3)—
(i) by striking ‘‘means’’ and inserting 
‘‘and ‘networking and information tech-
nology’ mean’’; and 
(ii) by striking ‘‘(including vector 
supercomputers and large scale parallel 
systems)’’; and 
(B) in paragraph (4), by striking ‘‘packet 
switched’’; and 
(2) in section 203 (15 U.S.C. 5523)—
(A) in subsection (a), by striking all after 
‘‘As part of the’’ and inserting ‘‘Networking 
and Information Technology Research and De-
velopment Program, the Secretary of Energy 
shall conduct basic and applied research in net-
working and information technology, with em-
phasis on—
‘‘(1) supporting fundamental research in the 
physical sciences and engineering, and energy appli-
cations; 
‘‘(2) providing supercomputer access and ad-
vanced communication capabilities and facilities to 
scientific researchers; and 
‘‘(3) developing tools for distributed scientific 
collaboration.’’;
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(B) in subsection (b), by striking ‘‘Pro-
gram’’ and inserting ‘‘Networking and Informa-
tion Technology Research and Development 
Program’’; and 
(C) by amending subsection (e) to read as 
follows: 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out the Networking and Information Tech-
nology Research and Development Program such sums as 
may be necessary for fiscal years 2004 through 2007.’’. 
(d) COORDINATION.—The Secretary shall ensure that 
the program under this section is integrated and con-
sistent with—
(1) the Accelerated Strategic Computing Initia-
tive of the National Nuclear Security Administra-
tion; and 
(2) other national efforts related to advanced 
scientific computing for science and engineering.
(e) REPORT.—(1) Before undertaking any new initia-
tive to develop new advanced architecture for high-speed 
computing, the Secretary, through the Director of the Of-
fice of Science, shall transmit a report to the Congress 
describing—
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(A) the expected duration and cost of the initia-
tive; 
(B) the technical milestones the initiative is de-
signed to achieve; 
(C) how institutions of higher education and 
private firms will participate in the initiative; and 
(D) why the goals of the initiative could not be 
achieved through existing programs. 
(2) No funds may be expended on any initiative de-
scribed in paragraph (1) until 30 days after the report 
required by that paragraph is transmitted to the Congress. 
SEC. 21635. NITROGEN FIXATION. 
The Secretary, acting through the Office of Science, 
shall support a program of research, development, dem-
onstration, and commercial application on biological nitro-
gen fixation, including plant genomics research relevant 
to the development of commercial crop varieties with en-
hanced nitrogen fixation efficiency and ability.
SEC. 21636. DEPARTMENT OF ENERGY SCIENCE AND TECH-
NOLOGY SCHOLARSHIP PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish 
a Department of Energy Science and Technology 
Scholarship Program to award scholarships to indi-
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viduals that is designed to recruit and prepare stu-
dents for careers in the Department. 
(2) COMPETITIVE PROCESS.—Individuals shall 
be selected to receive scholarships under this section 
through a competitive process primarily on the basis 
of academic merit, with consideration given to finan-
cial need and the goal of promoting the participation 
of individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b). 
(3) SERVICE AGREEMENTS.—To carry out the 
Program the Secretary shall enter into contractual 
agreements with individuals selected under para-
graph (2) under which the individuals agree to serve 
as full-time employees of the Department, for the 
period described in subsection (f)(1), in positions 
needed by the Department and for which the individ-
uals are qualified, in exchange for receiving a schol-
arship. 
(b) SCHOLARSHIP ELIGIBILITY.—In order to be eligi-
ble to participate in the Program, an individual must—
(1) be enrolled or accepted for enrollment as a 
full-time student at an institution of higher edu-
cation in an academic program or field of study de-
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scribed in the list made available under subsection 
(d); 
(2) be a United States citizen; and 
(3) at the time of the initial scholarship award, 
not be a Federal employee as defined in section 
2105 of title 5 of the United States Code. 
(c) APPLICATION REQUIRED.—An individual seeking 
a scholarship under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
containing such information, agreements, or assurances as 
the Secretary may require. 
(d) ELIGIBLE ACADEMIC PROGRAMS.—The Secretary 
shall make publicly available a list of academic programs 
and fields of study for which scholarships under the Pro-
gram may be utilized, and shall update the list as nec-
essary. 
(e) SCHOLARSHIP REQUIREMENT.—
(1) IN GENERAL.—The Secretary may provide a 
scholarship under the Program for an academic year 
if the individual applying for the scholarship has 
submitted to the Secretary, as part of the applica-
tion required under subsection (c), a proposed aca-
demic program leading to a degree in a program or 
field of study on the list made available under sub-
section (d).
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(2) DURATION OF ELIGIBILITY.—An individual 
may not receive a scholarship under this section for 
more than 4 academic years, unless the Secretary 
grants a waiver. 
(3) 
SCHOLARSHIP
AMOUNT.—The 
dollar 
amount of a scholarship under this section for an 
academic year shall be determined under regulations 
issued by the Secretary, but shall in no case exceed 
the cost of attendance. 
(4) AUTHORIZED
USES.—A scholarship pro-
vided under this section may be expended for tuition, 
fees, and other authorized expenses as established by 
the Secretary by regulation. 
(5) CONTRACTS REGARDING DIRECT PAYMENTS 
TO INSTITUTIONS.—The Secretary may enter into a 
contractual agreement with an institution of higher 
education under which the amounts provided for a 
scholarship under this section for tuition, fees, and 
other authorized expenses are paid directly to the in-
stitution with respect to which the scholarship is 
provided. 
(f) PERIOD OF OBLIGATED SERVICE.—
(1) DURATION
OF
SERVICE.—The period of 
service for which an individual shall be obligated to 
serve as an employee of the Department is, except
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as provided in subsection (h)(2), 24 months for each 
academic year for which a scholarship under this 
section is provided. 
(2) SCHEDULE FOR SERVICE.—(A) Except as 
provided in subparagraph (B), obligated service 
under paragraph (1) shall begin not later than 60 
days after the individual obtains the educational de-
gree for which the scholarship was provided. 
(B) The Secretary may defer the obligation of 
an individual to provide a period of service under 
paragraph (1) if the Secretary determines that such 
a deferral is appropriate. The Secretary shall pre-
scribe the terms and conditions under which a serv-
ice obligation may be deferred through regulation. 
(g) PENALTIES
FOR
BREACH
OF
SCHOLARSHIP 
AGREEMENT.—
(1) FAILURE TO COMPLETE ACADEMIC TRAIN-
ING.—Scholarship recipients who fail to maintain a 
high level of academic standing, as defined by the 
Secretary by regulation, who are dismissed from 
their educational institutions for disciplinary rea-
sons, or who voluntarily terminate academic training 
before graduation from the educational program for 
which the scholarship was awarded, shall be in 
breach of their contractual agreement and, in lieu of
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any service obligation arising under such agreement, 
shall be liable to the United States for repayment 
within 1 year after the date of default of all scholar-
ship funds paid to them and to the institution of 
higher education on their behalf under the agree-
ment, except as provided in subsection (h)(2). The 
repayment period may be extended by the Secretary 
when determined to be necessary, as established by 
regulation. 
(2) FAILURE
TO
BEGIN
OR
COMPLETE
THE 
SERVICE
OBLIGATION
OR
MEET
THE
TERMS
AND 
CONDITIONS
OF
DEFERMENT.—Scholarship recipi-
ents who, for any reason, fail to begin or complete 
their service obligation after completion of academic 
training, or fail to comply with the terms and condi-
tions of deferment established by the Secretary pur-
suant to subsection (f)(2)(B), shall be in breach of 
their contractual agreement. When recipients breach 
their agreements for the reasons stated in the pre-
ceding sentence, the recipient shall be liable to the 
United States for an amount equal to—
(A) the total amount of scholarships re-
ceived by such individual under this section; 
plus
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(B) the interest on the amounts of such 
awards which would be payable if at the time 
the awards were received they were loans bear-
ing interest at the maximum legal prevailing 
rate, as determined by the Treasurer of the 
United States, 
multiplied by 3. 
(h) WAIVER OR SUSPENSION OF OBLIGATION.—
(1) DEATH OF INDIVIDUAL.—Any obligation of 
an individual incurred under the Program (or a con-
tractual agreement thereunder) for service or pay-
ment shall be canceled upon the death of the indi-
vidual. 
(2) IMPOSSIBILITY OR EXTREME HARDSHIP.—
The Secretary shall by regulation provide for the 
partial or total waiver or suspension of any obliga-
tion of service or payment incurred by an individual 
under the Program (or a contractual agreement 
thereunder) whenever compliance by the individual is 
impossible or would involve extreme hardship to the 
individual, or if enforcement of such obligation with 
respect to the individual would be contrary to the 
best interests of the Government. 
(i) DEFINITIONS.—In this section the following defi-
nitions apply:
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(1) COST OF ATTENDANCE.—The term ‘‘cost of 
attendance’’ has the meaning given that term in sec-
tion 472 of the Higher Education Act of 1965 (20 
U.S.C. 1087ll). 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(3) PROGRAM.—The term ‘‘Program’’ means 
the Department of Energy Science and Technology 
Scholarship Program established under this section.
PART 5—GENOMES TO LIFE 
SEC. 21641. GENOMES TO LIFE. 
(a) PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a research, development, and demonstration 
program in genetics, protein science, and computa-
tional biology of microbes and plants to support the 
energy and environmental mission of the Depart-
ment. 
(2) GRANTS.—The program shall support indi-
vidual investigators and multidisciplinary teams of 
investigators through competitive, merit-reviewed 
grants.
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(3) CONSULTATION.—In carrying out the pro-
gram, the Secretary shall consult with other Federal 
agencies that conduct genetic and protein research. 
(b) GOALS.—The program shall have the goal of de-
veloping technologies and methods based on the biological 
functions of microbes and plants that —
(1) can facilitate the production of fuels, includ-
ing hydrogen; 
(2) convert carbon dioxide to organic carbon; 
and 
(3) detoxify soils and water at Department fa-
cilities contaminated with heavy metals and radio-
logical materials. 
(c) PLAN.—
(1) DEVELOPMENT OF PLAN.—Within one year 
after the date of enactment of this Act, the Sec-
retary shall prepare and transmit to the Congress a 
research plan describing how the program author-
ized pursuant to this section will be undertaken to 
accomplish the program goals established in sub-
section (b). 
(2) REVIEW
OF
PLAN.—The Secretary shall 
contract with the National Academy of Sciences to 
review the research plan developed under this sub-
section. The Secretary shall transmit the review to
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the Congress not later than 6 months after trans-
mittal of the research plan under paragraph (1), 
along with the Secretary’s response to the rec-
ommendations contained in the review. 
(d) FACILITIES.—In carrying out the program under 
this section, the Secretary may construct, acquire, and op-
erate facilities necessary to carry out this section. 
(e) PROHIBITION ON BIOMEDICAL OR HUMAN SUB-
JECT RESEARCH.—(1) In carrying out this program, the 
Secretary shall not conduct biomedical research. 
(2) Nothing in this section shall authorize the Sec-
retary to conduct any research or demonstrations—
(A) on human cells or human subjects; or 
(B) designed to have any application with re-
spect to human cells or human subjects. 
Subtitle G—Energy and 
Environment 
SEC. 21701. AUTHORIZATION OF APPROPRIATIONS. 
(a) UNITED STATES-MEXICO ENERGY TECHNOLOGY 
COOPERATION.—The following sums are authorized to be 
appropriated to the Secretary to carry out activities under 
section 21702: 
(1) For fiscal year 2004, $5,000,000. 
(2) For fiscal year 2005, $6,000,000. 
(3) For fiscal year 2006, $6,000,000.
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(4) For fiscal year 2007, $6,000,000. 
(b) WASTE
REDUCTION
AND
USE
OF
ALTER-
NATIVES.—There are authorized to be appropriated to the 
Secretary to carry out activities under section 21703, 
$500,000 for fiscal year 2004. 
SEC. 21702. UNITED STATES-MEXICO ENERGY TECHNOLOGY 
COOPERATION. 
(a) PROGRAM.—The Secretary shall establish a re-
search, development, demonstration, and commercial ap-
plication program to be carried out in collaboration with 
entities in Mexico and the United States to promote en-
ergy efficient, environmentally sound economic develop-
ment along the United States-Mexico border. 
(b) PROGRAM MANAGEMENT.—The program under 
subsection (a) shall be managed by the Department of En-
ergy Carlsbad Environmental Management Field Office. 
(c) TECHNOLOGY
TRANSFER.—In carrying out 
projects and activities under this section, the Secretary 
shall assess the applicability of technology developed under 
the Environmental Management Science Program of the 
Department. 
(d) INTELLECTUAL PROPERTY.—In carrying out this 
section, the Secretary shall comply with the requirements 
of any agreement entered into between the United States 
and Mexico regarding intellectual property protection.
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SEC. 21703. WASTE REDUCTION AND USE OF ALTER-
NATIVES. 
(a) GRANT AUTHORITY.—The Secretary is author-
ized to make a single grant to a qualified institution to 
examine and develop the feasibility of burning post-con-
sumer carpet in cement kilns as an alternative energy 
source. The purposes of the grant shall include deter-
mining—
(1) how post-consumer carpet can be burned 
without disrupting kiln operations; 
(2) the extent to which overall kiln emissions 
may be reduced; 
(3) the emissions of air pollutants and other 
relevant environmental impacts; and 
(4) how this process provides benefits to both 
cement kiln operations and carpet suppliers. 
(b) QUALIFIED INSTITUTION.—For the purposes of 
subsection (a), a qualified institution is a research-inten-
sive institution of higher education with demonstrated ex-
pertise in the fields of fiber recycling and logistical mod-
eling of carpet waste collection and preparation. 
SEC. 21704. COAL GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for a project to produce energy from a plant using 
integrated gasification combined cycle technology of at 
least 400 megawatts in capacity that produces power at
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competitive rates in deregulated energy generation mar-
kets and that does not receive any subsidy (direct or indi-
rect) from ratepayers. 
SEC. 21705. PETROLEUM COKE GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for at least one petroleum coke gasification 
polygeneration project. 
SEC. 21706. OTHER BIOPOWER AND BIOENERGY. 
The Secretary shall conduct a program to assist in 
the planning, design, and implementation of projects to 
convert rice straw, rice hulls, soybean matter, poultry fat, 
poultry waste, sugarcane bagasse, forest thinnings, and 
barley grain into biopower and biofuels.
SEC. 21707. COAL TECHNOLOGY LOAN. 
There are authorized to be appropriated to the Sec-
retary $125,000,000 to provide a loan to the owner of the 
experimental plant constructed under United States De-
partment of Energy cooperative agreement number DE–
FC22–91PC99544 on such terms and conditions as the 
Secretary determines, including interest rates and upfront 
payments. 
SEC. 21708. FUEL CELL TEST CENTER. 
(a) STUDY.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
Congress a report on the results of a study of the estab-
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lishment of a test center for next-generation fuel cells at 
an institution of higher education that has available a con-
tinuous source of hydrogen and access to the electric 
transmission grid. Such report shall include a conceptual 
design for such test center and a projection of the costs 
of establishing the test center. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for car-
rying out this section $500,000. 
SEC. 21709. FUEL CELL TRANSIT BUS DEMONSTRATION. 
The Secretary shall establish a transit bus dem-
onstration program to make competitive, merit-based 
awards for five-year projects to demonstrate not more 
than 12 fuel cell transit buses (and necessary infrastruc-
ture) in three geographically dispersed localities. In select-
ing projects under this section, the Secretary shall give 
preference to projects that are most likely to mitigate con-
gestion and improve air quality. There are authorized to 
be appropriated to the Secretary $10,000,000 for each of 
the fiscal years 2004 through 2007 for carrying out this 
section. 
Subtitle H—Management 
SEC. 21801. AVAILABILITY OF FUNDS. 
Funds authorized to be appropriated to the Depart-
ment under this title shall remain available until expended.
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SEC. 21802. COST SHARING. 
(a) RESEARCH AND DEVELOPMENT.—Except as oth-
erwise provided in this title, for research and development 
programs carried out under this title, the Secretary shall 
require a commitment from non-Federal sources of at 
least 20 percent of the cost of the project. The Secretary 
may reduce or eliminate the non-Federal requirement 
under this subsection if the Secretary determines that the 
research and development is of a basic or fundamental na-
ture. 
(b) DEMONSTRATION
AND COMMERCIAL APPLICA-
TION.—Except as otherwise provided in this title, the Sec-
retary shall require at least 50 percent of the costs directly 
and specifically related to any demonstration or commer-
cial application project under this title to be provided from 
non-Federal sources. The Secretary may reduce the non-
Federal requirement under this subsection if the Secretary 
determines that the reduction is necessary and appropriate 
considering the technological risks involved in the project 
and is necessary to meet the objectives of this title. 
(c) CALCULATION OF AMOUNT.—In calculating the 
amount of the non-Federal commitment under subsection 
(a) or (b), the Secretary may include personnel, services, 
equipment, and other resources.
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SEC. 21803. MERIT REVIEW OF PROPOSALS. 
Awards of funds authorized under this title shall be 
made only after an impartial review of the scientific and 
technical merit of the proposals for such awards has been 
carried out by or for the Department. 
SEC. 21804. EXTERNAL TECHNICAL REVIEW OF DEPART-
MENTAL PROGRAMS. 
(a) NATIONAL ENERGY RESEARCH AND DEVELOP-
MENT ADVISORY BOARDS.—(1) The Secretary shall estab-
lish one or more advisory boards to review Department 
research, development, demonstration, and commercial ap-
plication programs in the following areas: 
(A) Energy efficiency. 
(B) Renewable energy. 
(C) Nuclear energy. 
(D) Fossil energy. 
(2) The Secretary may designate an existing advisory 
board within the Department to fulfill the responsibilities 
of an advisory board under this subsection, and may enter 
into appropriate arrangements with the National Academy 
of Sciences to establish such an advisory board. 
(b) OFFICE OF SCIENCE ADVISORY COMMITTEES.—
(1) UTILIZATION OF EXISTING COMMITTEES.—
The Secretary shall continue to use the scientific 
program advisory committees chartered under the 
Federal Advisory Committee Act by the Office of
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(iv) advise the Assistant Secretary 
with respect to the well being of the uni-
versity research programs supported by the 
Office of Science. 
(c) MEMBERSHIP.—Each advisory board under this 
section shall consist of persons with appropriate expertise 
representing a diverse range of interests. 
(d) MEETINGS
AND
PURPOSES.—Each advisory 
board under this section shall meet at least semi-annually 
to review and advise on the progress made by the respec-
tive research, development, demonstration, and commer-
cial application program or programs. The advisory board 
shall also review the measurable cost and performance-
based goals for such programs as established under sec-
tion 20002, and the progress on meeting such goals. 
(e) PERIODIC REVIEWS
AND ASSESSMENTS.—The 
Secretary shall enter into appropriate arrangements with 
the National Academy of Sciences to conduct periodic re-
views and assessments of the programs authorized by this 
title, the measurable cost and performance-based goals for 
such programs as established under section 20002, if any, 
and the progress on meeting such goals. Such reviews and 
assessments shall be conducted every 5 years, or more 
often as the Secretary considers necessary, and the Sec-
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retary shall transmit to the Congress reports containing 
the results of all such reviews and assessments. 
SEC. 21805. IMPROVED COORDINATION OF TECHNOLOGY 
TRANSFER ACTIVITIES. 
(a) TECHNOLOGY TRANSFER COORDINATOR.—The 
Secretary shall designate a Technology Transfer Coordi-
nator to perform oversight of and policy development for 
technology transfer activities at the Department. The 
Technology Transfer Coordinator shall coordinate the ac-
tivities of the Technology Transfer Working Group, and 
shall oversee the expenditure of funds allocated to the 
Technology Transfer Working Group, and shall coordinate 
with each technology partnership ombudsman appointed 
under section 11 of the Technology Transfer Commer-
cialization Act of 2000 (42 U.S.C. 7261c). 
(b) TECHNOLOGY TRANSFER WORKING GROUP.—
The Secretary shall establish a Technology Transfer 
Working Group, which shall consist of representatives of 
the National Laboratories and single-purpose research fa-
cilities, to— 
(1) coordinate technology transfer activities oc-
curring at National Laboratories and single-purpose 
research facilities; 
(2) exchange information about technology 
transfer practices, including alternative approaches
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to resolution of disputes involving intellectual prop-
erty rights and other technology transfer matters; 
and 
(3) develop and disseminate to the public and 
prospective technology partners information about 
opportunities and procedures for technology transfer 
with the Department, including those related to al-
ternative approaches to resolution of disputes involv-
ing intellectual property rights and other technology 
transfer matters.
(c) TECHNOLOGY
TRANSFER
RESPONSIBILITY.—
Nothing in this section shall affect the technology transfer 
responsibilities of Federal employees under the Stevenson-
Wydler Technology Innovation Act of 1980. 
SEC. 21806. SMALL BUSINESS ADVOCACY AND ASSISTANCE. 
(a) SMALL BUSINESS ADVOCATE.—The Secretary 
shall require the Director of each National Laboratory, 
and may require the Director of a single-purpose research 
facility, to designate a small business advocate to— 
(1) increase the participation of small business 
concerns, including socially and economically dis-
advantaged small business concerns, in procurement, 
collaborative research, technology licensing, and 
technology transfer activities conducted by the Na-
tional Laboratory or single-purpose research facility;
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(2) report to the Director of the National Lab-
oratory or single-purpose research facility on the ac-
tual participation of small business concerns in pro-
curement and collaborative research along with rec-
ommendations, if appropriate, on how to improve 
participation; 
(3) make available to small business concerns 
training, mentoring, and clear, up-to-date informa-
tion on how to participate in the procurement and 
collaborative research, including how to submit effec-
tive proposals, and information related to alternative 
approaches to resolution of disputes involving intel-
lectual property rights and other technology transfer 
matters; 
(4) increase the awareness inside the National 
Laboratory or single-purpose research facility of the 
capabilities and opportunities presented by small 
business concerns; and 
(5) establish guidelines for the program under 
subsection (b) and report on the effectiveness of 
such program to the Director of the National Lab-
oratory or single-purpose research facility. 
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall require the Direc-
tor of each National Laboratory, and may require the Di-
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rector of a single-purpose research facility, to establish a 
program to provide small business concerns— 
(1) assistance directed at making them more ef-
fective and efficient subcontractors or suppliers to 
the National Laboratory or single-purpose research 
facility; or 
(2) general technical assistance, the cost of 
which shall not exceed $10,000 per instance of as-
sistance, to improve the small business concern’s 
products or services. 
(c) USE OF FUNDS.—None of the funds expended 
under subsection (b) may be used for direct grants to the 
small business concerns. 
(d) DEFINITIONS.—In this section: 
(1) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given 
such term in section 3 of the Small Business Act 
(15 U.S.C. 632). 
(2) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED SMALL BUSINESS CONCERNS.—The term ‘‘so-
cially and economically disadvantaged small business 
concerns’’ has the meaning given such term in sec-
tion 8(a)(4) of the Small Business Act (15 U.S.C. 
637(a)(4)).
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SEC. 21807. MOBILITY OF SCIENTIFIC AND TECHNICAL PER-
SONNEL. 
Not later than 2 years after the date of enactment 
of this section, the Secretary shall transmit a report to 
the Congress identifying any policies or procedures of a 
contractor operating a National Laboratory or single-pur-
pose research facility that create disincentives to the tem-
porary transfer of scientific and technical personnel 
among the contractor-operated National Laboratories or 
contractor-operated single-purpose research facilities.
SEC. 21808. NATIONAL ACADEMY OF SCIENCES REPORT. 
Within 90 days after the date of enactment of this 
Act, the Secretary shall enter into an arrangement with 
the National Academy of Sciences for the Academy to—
(1) conduct studies on—
(A) the obstacles to accelerating the com-
mercial application of energy technology; and 
(B) the adequacy of Department policies 
and procedures for, and oversight of, technology 
transfer-related disputes between contractors of 
the Department and the private sector; and 
(2) report to the Congress on recommendations 
developed as a result of the studies. 
SEC. 21809. OUTREACH. 
The Secretary shall ensure that each program au-
thorized by this title includes an outreach component to
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provide information, as appropriate, to manufacturers, 
consumers, engineers, architects, builders, energy service 
companies, institutions of higher education, facility plan-
ners and managers, State and local governments, and 
other entities. 
SEC. 21810. LIMITS ON USE OF FUNDS. 
(a) COMPETITIVE
PROCEDURE
REQUIREMENT.—
None of the funds authorized to be appropriated to the 
Secretary by this title may be used to award a manage-
ment and operating contract for a nonmilitary energy lab-
oratory of the Department unless such contract is com-
petitively awarded or the Secretary grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Sec-
retary may not delegate the authority to grant such a 
waiver. 
(b) CONGRESSIONAL NOTICE.—At least 2 months be-
fore a contract award for which the Secretary intends to 
grant such a waiver, the Secretary shall submit to the 
Congress a report notifying the Congress of the waiver 
and setting forth the reasons for the waiver. 
SEC. 21811. REPROGRAMMING. 
(a) DISTRIBUTION REPORT.—Not later than 60 days 
after the date of the enactment of an Act appropriating 
amounts authorized under this title, the Secretary shall 
transmit to the appropriate authorizing committees of the
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Congress a report explaining how such amounts will be 
distributed among the authorizations contained in this 
title. 
(b) PROHIBITION.—(1) No amount identified under 
subsection (a) shall be reprogrammed if such reprogram-
ming would result in an obligation which changes an indi-
vidual distribution required to be reported under sub-
section (a) by more than 5 percent unless the Secretary 
has transmitted to the appropriate authorizing committees 
of the Congress a report described in subsection (c) and 
a period of 30 days has elapsed after such committees re-
ceive the report. 
(2) In the computation of the 30-day period described 
in paragraph (1), there shall be excluded any day on which 
either House of Congress is not in session because of an 
adjournment of more than 3 days to a day certain. 
(c) REPROGRAMMING REPORT.—A report referred to 
in subsection (b)(1) shall contain a full and complete 
statement of the action proposed to be taken and the facts 
and circumstances relied on in support of the proposed 
action. 
SEC. 21812. CONSTRUCTION WITH OTHER LAWS. 
Except as otherwise provided in this title, the Sec-
retary shall carry out the research, development, dem-
onstration, 
and 
commercial 
application 
programs,
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projects, and activities authorized by this title in accord-
ance with the applicable provisions of the Atomic Energy 
Act of 1954 (42 U.S.C. et seq.), the Federal Nonnuclear 
Research and Development Act of 1974 (42 U.S.C. 5901 
et seq.), the Energy Policy Act of 1992 (42 U.S.C. 13201 
et seq.), the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3701 et seq.), chapter 18 of title 35, 
United States Code (commonly referred to as the Bayh-
Dole Act), and any other Act under which the Secretary 
is authorized to carry out such activities.
SEC. 21813. UNIVERSITY COLLABORATION. 
Not later than 2 years after the date of enactment 
of this Act, the Secretary shall transmit to the Congress 
a report that examines the feasibility of promoting collabo-
rations between large institutions of higher education and 
small institutions of higher education through grants, con-
tracts, and cooperative agreements made by the Secretary 
for energy projects. The Secretary shall also consider pro-
viding incentives for the inclusion of small institutions of 
higher education, including minority-serving institutions, 
in energy research grants, contracts, and cooperative 
agreements.
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SEC. 21814. FEDERAL LABORATORY EDUCATIONAL PART-
NERS. 
(a) DISTRIBUTION
OF ROYALTIES RECEIVED
BY 
FEDERAL AGENCIES.—Section 14(a)(1)(B)(v) of the Ste-
venson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710c(a)(1)(B)(v)), is amended to read as follows: 
‘‘(v) for scientific research and develop-
ment and for educational assistance and other 
purposes consistent with the missions and ob-
jectives of the Department of Energy and the 
laboratory.’’. 
(b) COOPERATIVE RESEARCH AND DEVELOPMENT 
AGREEMENTS.—Section 12(b)(5)(C) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a(b)(5)(C)) is amended to read as follows: 
‘‘(C) for scientific research and development 
and for educational assistance consistent with the 
missions and objectives of the Department of Energy 
and the laboratory.’’.
SEC. 21815. INTERAGENCY COOPERATION. 
The Secretary shall enter into discussions with the 
Administrator of the National Aeronautics and Space Ad-
ministration with the goal of reaching an interagency 
working agreement between the 2 agencies that would 
make the National Aeronautics and Space Administra-
tion’s expertise in energy, gained from its existing and
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planned programs, more readily available to the relevant 
research, development, demonstration, and commercial ap-
plications programs of the Department. Technologies to 
be discussed should include the National Aeronautics and 
Space Administration’s modeling, research, development, 
testing, and evaluation of new energy technologies, includ-
ing solar, wind, fuel cells, and hydrogen storage and dis-
tribution.
TITLE II—DEPARTMENT OF 
ENERGY MANAGEMENT
SEC. 22001. EXTERNAL REGULATION OF DEPARTMENT OF 
ENERGY. 
(a) DEPARTMENT OF ENERGY REPORT.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary shall transmit to the Congress a report on 
the assumption by the Nuclear Regulatory Commission of 
the Department’s regulatory and enforcement responsibil-
ities with respect to nuclear safety, and the assumption 
by the Occupational Safety and Health Administration of 
the Department’s regulatory and enforcement responsibil-
ities with respect to occupational safety and health, at any 
nonmilitary energy laboratory owned or operated by the 
Department. The report shall include—
(1) a detailed transition plan, drafted in coordi-
nation with the Nuclear Regulatory Commission and
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the Occupational Safety and Health Administration, 
for termination of self-regulation authority, includ-
ing the activities to be coordinated with the Nuclear 
Regulatory Commission and the Occupational Safety 
and Health Administration; 
(2) a description of any issues that would re-
quire resolution with the Nuclear Regulatory Com-
mission, the Occupational Safety and Health Admin-
istration, or other external regulators; and 
(3) an estimate of—
(A) the annual cost of administering and 
implementing external regulation of the nuclear 
safety and occupational safety and health re-
sponsibilities at nonmilitary energy laboratories 
owned or operated by the Department; 
(B) the number of Federal and contractor 
employees required to administer and imple-
ment such external regulation; and 
(C) the extent and schedule by which the 
Department and the staffs at its nonmilitary 
energy laboratories would be reduced, and the 
anticipated cost savings from that reduction. 
(b) GENERAL ACCOUNTING OFFICE REPORTING RE-
QUIREMENT.—The Comptroller General shall provide a re-
port not later than 20 months after the date of enactment
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of this Act that compares the Department’s transition 
plan with the Department’s implementation of nuclear 
safety and occupational safety and health responsibilities 
under sections 234A and 234C of the Atomic Energy Act 
of 1954.
SEC. 22002. IMPROVED COORDINATION AND MANAGEMENT 
OF CIVILIAN SCIENCE AND TECHNOLOGY 
PROGRAMS. 
(a) RECONFIGURATION OF POSITION OF DIRECTOR 
OF THE OFFICE OF SCIENCE.—Section 209 of the Depart-
ment of Energy Organization Act (42 U.S.C. 7139) is 
amended by—
(1) striking ‘‘a Director’’ and inserting ‘‘an As-
sistant Secretary, in addition to those appointed 
under section 203(a),’’; and 
(2) striking ‘‘Director’’ and inserting ‘‘Assistant 
Secretary’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 5315 of title 5, United States Code, is amend-
ed by—
(A) striking ‘‘Director, Office of Science, De-
partment of Energy.’’; and 
(B) striking ‘‘Assistant Secretaries of Energy 
(6)’’ and inserting ‘‘Assistant Secretaries of Energy 
(7)’’.
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(2) The table of contents for the Department of En-
ergy Organization Act (42 U.S.C. 7101 note) is amend-
ed— 
(A) by striking ‘‘Section 209’’ and inserting 
‘‘Sec. 209’’; 
(B) by striking ‘‘213.’’ and inserting ‘‘Sec. 
213.’’; 
(C) by striking ‘‘214.’’ and inserting ‘‘Sec. 
214.’’; 
(D) by striking ‘‘215.’’ and inserting ‘‘Sec. 
215.’’; and 
(E) by striking ‘‘216.’’ and inserting ‘‘Sec. 
216.’’. 
SEC. 22003. REPORT ON EQUAL EMPLOYMENT OPPOR-
TUNITY PRACTICES. 
Not later than twelve months after the date of enact-
ment of this Act, and biennially thereafter, the Secretary 
shall transmit to Congress a report on the equal employ-
ment opportunity practices at Department of Energy Na-
tional laboratories. Such report shall include—
(1) a thorough review of each laboratory con-
tractor’s equal employment opportunity policies, in-
cluding promotion to management and professional 
positions and pay raises;
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(2) the Department’s Inspector General should 
continue to closely review purchase card purchases 
and other procurement and inventory practices at 
the Department. 
TITLE III—CLEAN SCHOOL 
BUSES 
SEC. 23001. ESTABLISHMENT OF PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Administrator of the Environmental 
Protection Agency, shall establish a pilot program for 
awarding grants on a competitive basis to eligible entities 
for the demonstration and commercial application of alter-
native fuel school buses and ultra-low sulfur diesel school 
buses. 
(b) REQUIREMENTS.—Not later than 3 months after 
the date of the enactment of this Act, the Secretary shall 
establish and publish in the Federal register grant require-
ments on eligibility for assistance, and on implementation 
of the program established under subsection (a), including 
certification requirements to ensure compliance with this 
title. 
(c) SOLICITATION.—Not later than 6 months after 
the date of the enactment of this Act, the Secretary shall 
solicit proposals for grants under this section.
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(d) ELIGIBLE RECIPIENTS.—A grant shall be award-
ed under this section only—
(1) to a local or State governmental entity re-
sponsible for providing school bus service to one or 
more public school systems or responsible for the 
purchase of school buses; or 
(2) to a contracting entity that provides school 
bus service to one or more public school systems, if 
the grant application is submitted jointly with the 
school system or systems which the buses will serve. 
(e) TYPES OF GRANTS.—
(1) IN
GENERAL.—Grants under this section 
shall be for the demonstration and commercial appli-
cation of technologies to facilitate the use of alter-
native fuel school buses and ultra-low sulfur diesel 
school buses in lieu of buses manufactured before 
model year 1977 and diesel-powered buses manufac-
tured before model year 1991. 
(2) NO ECONOMIC BENEFIT.—Other than the 
receipt of the grant, a recipient of a grant under this 
section may not receive any economic benefit in con-
nection with the receipt of the grant. 
(3) PRIORITY OF GRANT APPLICATIONS.—The 
Secretary shall give priority to awarding grants to 
applicants who can demonstrate the use of alter-
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native fuel buses and ultra-low sulfur diesel school 
buses in lieu of buses manufactured before model 
year 1977. 
(f) CONDITIONS OF GRANT.—A grant provided under 
this section shall include the following conditions: 
(1) All buses acquired with funds provided 
under the grant shall be operated as part of the 
school bus fleet for which the grant was made for a 
minimum of 5 years. 
(2) Funds provided under the grant may only 
be used—
(A) to pay the cost, except as provided in 
paragraph (3), of new alternative fuel school 
buses or ultra-low sulfur diesel school buses, in-
cluding State taxes and contract fees; and 
(B) to provide—
(i) up to 10 percent of the price of the 
alternative fuel buses acquired, for nec-
essary alternative fuel infrastructure if the 
infrastructure will only be available to the 
grant recipient; and 
(ii) up to 15 percent of the price of 
the alternative fuel buses acquired, for nec-
essary alternative fuel infrastructure if the
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infrastructure will be available to the grant 
recipient and to other bus fleets. 
(3) The grant recipient shall be required to pro-
vide at least the lesser of 15 percent of the total cost 
of each bus received or $15,000 per bus. 
(4) In the case of a grant recipient receiving a 
grant to demonstrate ultra-low sulfur diesel school 
buses, the grant recipient shall be required to pro-
vide documentation to the satisfaction of the Sec-
retary that diesel fuel containing sulfur at not more 
than 15 parts per million is available for carrying 
out the purposes of the grant, and a commitment by 
the applicant to use such fuel in carrying out the 
purposes of the grant. 
(g) BUSES.—Funding under a grant made under this 
section may be used to demonstrate the use only of new 
alternative fuel school buses or ultra-low sulfur diesel 
school buses—
(1) with a gross vehicle weight of greater than 
14,000 pounds; 
(2) that are powered by a heavy duty engine; 
(3) that, in the case of alternative fuel school 
buses manufactured in model years 2003 through 
2006, emit not more than 1.8 grams per brake 
horsepower-hour of nonmethane hydrocarbons and
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oxides of nitrogen and .01 grams per brake horse-
power-hour of particulate matter; and 
(4) that, in the case of ultra-low sulfur diesel 
school buses, emit not more than—
(A) for buses manufactured in model year 
2003, 3.0 grams per brake horsepower-hour of 
oxides of nitrogen and .01 grams per brake 
horsepower-hour of particulate matter; and 
(B) for buses manufactured in model years 
2004 through 2006, 2.5 grams per brake horse-
power-hour of nonmethane hydrocarbons and 
oxides of nitrogen and .01 grams per brake 
horsepower-hour of particulate matter, 
except that under no circumstances shall buses be 
acquired under this section that emit nonmethane 
hydrocarbons, oxides of nitrogen, or particulate mat-
ter at a rate greater than the best performing tech-
nology of the same class of ultra-low sulfur diesel 
school buses commercially available at the time the 
grant is made. 
(h) DEPLOYMENT
AND DISTRIBUTION.—The Sec-
retary shall seek to the maximum extent practicable to 
achieve nationwide deployment of alternative fuel school 
buses and ultra-low sulfur diesel school buses through the 
program under this section, and shall ensure a broad geo-
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graphic distribution of grant awards, with a goal of no 
State receiving more than 10 percent of the grant funding 
made available under this section for a fiscal year. 
(i) LIMIT ON FUNDING.—The Secretary shall provide 
not less than 20 percent and not more than 25 percent 
of the grant funding made available under this section for 
any fiscal year for the acquisition of ultra-low sulfur diesel 
school buses. 
(j) REDUCTION
OF SCHOOL BUS IDLING.—Each 
local educational agency (as defined in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801)) that receives Federal funds under the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.) is encouraged to develop a policy, consistent 
with the health, safety, and welfare of students and the 
proper operation and maintenance of school buses, to re-
duce the incidence of unnecessary school bus idling at 
schools when picking up and unloading students. 
(k) ANNUAL REPORT.—Not later than January 31 
of each year, the Secretary of Energy shall provide a re-
port evaluating implementation of the program under this 
title to the Congress. Such report shall include the total 
number of grant applications received, the number and 
types of alternative fuel buses and ultra-low sulfur diesel 
school buses requested in grant applications, a list of
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grants awarded and the criteria used to select the grant 
recipients, certified engine emission levels of all buses pur-
chased under the program, and any other information the 
Secretary considers appropriate. 
(l) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘alternative fuel school bus’’ 
means a bus powered substantially by electricity (in-
cluding electricity supplied by a fuel cell), or by liq-
uefied natural gas, compressed natural gas, liquefied 
petroleum gas, hydrogen, propane, or methanol or 
ethanol at no less than 85 percent by volume; 
(2) the term ‘‘idling’’ means operating an en-
gine while remaining stationary for more than ap-
proximately 15 minutes, except that such term does 
not apply to routine stoppages associated with traf-
fic movement or congestion; and 
(3) the term ‘‘ultra-low sulfur diesel school 
bus’’ means a school bus powered by diesel fuel 
which contains sulfur at not more than 15 parts per 
million. 
SEC. 23002. FUEL CELL BUS DEVELOPMENT AND DEM-
ONSTRATION PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program for entering into cooperative 
agreements with private sector fuel cell bus developers for
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the development of fuel cell-powered school buses, and 
subsequently with not less than 2 units of local govern-
ment using natural gas-powered school buses and such 
private sector fuel cell bus developers to demonstrate the 
use of fuel cell-powered school buses. 
(b) COST SHARING.—The non-Federal contribution 
for activities funded under this section shall be not less 
than—
(1) 20 percent for fuel infrastructure develop-
ment activities; and 
(2) 50 percent for demonstration activities and 
for development activities not described in paragraph 
(1). 
(c) FUNDING.—No more than $25,000,000 of the 
amounts authorized under section 23004(a) may be used 
for carrying out this section for the period encompassing 
fiscal years 2004 through 2006. 
(d) REPORTS TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this Act, and not later 
than October 1, 2006, the Secretary shall transmit to the 
Congress a report that—
(1) evaluates the process of converting natural 
gas infrastructure to accommodate fuel cell-powered 
school buses; and
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(2) assesses the results of the development and 
demonstration program under this section. 
SEC. 23003. DIESEL RETROFIT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator of the En-
vironmental Protection Agency and the Secretary shall es-
tablish a pilot program for awarding grants on a competi-
tive basis to eligible recipients for the demonstration and 
commercial application of retrofit technologies for diesel 
school buses. 
(b) ELIGIBLE RECIPIENTS.—A grant shall be award-
ed under this section only—
(1) to a local or State governmental entity re-
sponsible for providing school bus service to one or 
more public school systems; or 
(2) to a contracting entity that provides school 
bus service to one or more public school systems, if 
the grant application is submitted jointly with the 
school system or systems which the buses will serve. 
(c) CONDITIONS OF GRANT.—A grant provided under 
this section may be used only to demonstrate the use of 
retrofit emissions-control technology on diesel buses 
that—
(1) operate on ultra-low sulfur diesel fuel; and 
(2) were manufactured in model year 1991 or 
later.
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(d) VERIFICATION.—Not later than 3 months after 
the date of enactment of this Act, the Administrator shall 
publish in the Federal Register procedures to verify—
(1) the retrofit emissions-control technology to 
be demonstrated; and 
(2) that buses on which retrofit emissions-con-
trol technology are to be demonstrated will operate 
on diesel fuel containing not more than 15 parts per 
million of sulfur. 
SEC. 23004. AUTHORIZATION OF APPROPRIATIONS. 
(a) SCHOOL BUS GRANTS.—There are authorized to 
be appropriated to the Secretary for carrying out this title, 
to remain available until expended—
(1) $90,000,000 for fiscal year 2004; 
(2) $100,000,000 for fiscal year 2005; and 
(3) $110,000,000 for fiscal year 2006. 
(b) RETROFIT GRANTS.—There are authorized to be 
appropriated to the Administrator of the Environmental 
Protection Agency and the Secretary such sums as may 
be necessary for carrying out section 23003.
DIVISION C—RESOURCES
TITLE I—INDIAN ENERGY 
SEC. 30101. INDIAN ENERGY. 
Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended to read as follows:
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‘‘TITLE XXVI—INDIAN ENERGY 
‘‘SEC. 2601. DEFINITIONS. 
‘‘In this title: 
‘‘(1) INDIAN.—The term ‘Indian’ means an in-
dividual member of an Indian tribe who owns land 
or an interest in land, the title to which land—
‘‘(A) is held in trust by the United States; 
or 
‘‘(B) is subject to a restriction against 
alienation imposed by the United States. 
‘‘(2) INDIAN
LAND.—The term ‘Indian land’ 
means—
‘‘(A) any land located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria; or 
‘‘(B) any land not located within the 
boundaries of an Indian reservation, pueblo, or 
rancheria, the title to which is held—
‘‘(i) in trust by the United States for 
the benefit of an Indian tribe; 
‘‘(ii) by an Indian tribe, subject to re-
striction by the United States against 
alienation; or 
‘‘(iii) by a dependent Indian commu-
nity.
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‘‘(3) INDIAN RESERVATION.—The term ‘Indian 
reservation’ includes—
‘‘(A) an Indian reservation in existence as 
of the date of the enactment of this paragraph; 
‘‘(B) a public domain Indian allotment; 
‘‘(C) a former reservation in the State of 
Oklahoma; and 
‘‘(D) a dependent Indian community lo-
cated within the borders of the United States, 
regardless of whether the community is lo-
cated—
‘‘(i) on original or acquired territory 
of the community; or 
‘‘(ii) within or outside the boundaries 
of any particular State. 
‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b), except the term, for the pur-
poses of this title, shall not include any Native Cor-
poration. 
‘‘(5) NATIVE CORPORATION.—The term ‘Native 
Corporation’ has the meaning given the term in sec-
tion 3 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602).