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tive calendar years if the Administrator 
promulgates regulations under paragraph 
(6). 
‘‘(D) INABILITY TO PURCHASE SUFFICIENT 
CREDITS.—The regulations promulgated to 
carry out this subsection shall include provi-
sions allowing any person that is unable to gen-
erate or purchase sufficient credits to meet the 
requirements under paragraph (2) to carry for-
ward a renewables deficit provided that, in the 
calendar year following the year in which the 
renewables deficit is created, such person shall 
achieve compliance with the renewables require-
ment under paragraph (2), and shall generate 
or purchase additional renewables credits to off-
set the renewables deficit of the previous year. 
‘‘(6) SEASONAL
VARIATIONS
IN
RENEWABLE 
FUEL USE.—
‘‘(A) STUDY.—For each of calendar years 
2005 through 2015, the Administrator of the 
Energy Information Administration, shall con-
duct a study of renewable fuels blending to de-
termine whether there are excessive seasonal 
variations in the use of renewable fuels.
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‘‘(B) REGULATION
OF
EXCESSIVE
SEA-
SONAL VARIATIONS.—If, for any calendar year, 
the Administrator of the Energy Information 
Administration, based on the study under sub-
paragraph (A), makes the determinations speci-
fied in subparagraph (C), the Administrator 
shall promulgate regulations to ensure that 35 
percent or more of the quantity of renewable 
fuels necessary to meet the requirement of 
paragraph (2) is used during each of the peri-
ods specified in subparagraph (D) of each sub-
sequent calendar year. 
‘‘(C) DETERMINATIONS.—The determina-
tions referred to in subparagraph (B) are 
that—
‘‘(i) less than 35 percent of the quan-
tity of renewable fuels necessary to meet 
the requirement of paragraph (2) has been 
used during one of the periods specified in 
subparagraph (D) of the calendar year; 
‘‘(ii) a pattern of excessive seasonal 
variation described in clause (i) will con-
tinue in subsequent calendar years; and 
‘‘(iii) promulgating regulations or 
other requirements to impose a 35% or
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more seasonal use of renewable fuels will 
not prevent or interfere with the attain-
ment of national ambient air quality stand-
ards or significantly increase the price of 
motor fuels to the consumer. 
‘‘(D) PERIODS.—The two periods referred 
to in this paragraph are—
‘‘(i) April through September; and 
‘‘(ii) January through March and Oc-
tober through December. 
‘‘(E) 
EXCLUSIONS.—Renewable 
fuels 
blended or consumed in 2005 in a State which 
has received a waiver under section 209(b) shall 
not be included in the study in subparagraph 
(A). 
‘‘(7) WAIVERS.—
‘‘(A) IN GENERAL.—The Administrator, in 
consultation with the Secretary of Agriculture 
and the Secretary of Energy, may waive the re-
quirement of paragraph (2) in whole or in part 
on petition by one or more States by reducing 
the national quantity of renewable fuel required 
under this subsection—
‘‘(i) based on a determination by the 
Administrator, after public notice and op-
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portunity for comment, that implementa-
tion of the requirement would have a sig-
nificant and meaningful adverse impact on 
the economy or environment of a State, a 
region, or the United States, or will pre-
vent or interfere with the attainment of a 
national ambient air quality standard in 
any area of a State; or 
‘‘(ii) based on a determination by the 
Administrator, after public notice and op-
portunity for comment, that there is an in-
adequate domestic supply or distribution 
capacity to meet the requirement. 
‘‘(B) PETITIONS FOR WAIVERS.—The Ad-
ministrator, in consultation with the Secretary 
of Agriculture and the Secretary of Energy, 
shall approve or disapprove a State petition for 
a waiver of the requirement of paragraph (2) 
within 90 days after the date on which the peti-
tion is received by the Administrator. If the Ad-
ministrator does not act to approve or dis-
approve a State petition for a waiver within 90 
days, the Administrator shall publish a notice 
setting forth the reasons for not acting within 
the required 90-day period.
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‘‘(C) TERMINATION OF WAIVERS.—A waiv-
er granted under subparagraph (A) shall termi-
nate after 1 year, but may be renewed by the 
Administrator after consultation with the Sec-
retary of Agriculture and the Secretary of En-
ergy. 
‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF 
PROGRAM.—Not later than 180 days from enact-
ment, the Secretary of Energy shall complete for the 
Administrator a study assessing whether the renew-
able fuels requirement under paragraph (2) will like-
ly result in significant adverse consumer impacts in 
2005, on a national, regional or State basis. Such 
study shall evaluate renewable fuel supplies and 
prices, blendstock supplies, and supply and distribu-
tion system capabilities. Based on such study, the 
Secretary shall make specific recommendations to 
the Administrator regarding waiver of the require-
ments of paragraph (2), in whole or in part, to avoid 
any such adverse impacts. Within 270 days from en-
actment, the Administrator shall, consistent with the 
recommendations of the Secretary waive, in whole or 
in part, the renewable fuels requirement under para-
graph (2) by reducing the national quantity of re-
newable fuel required under this subsection in 2005.
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This provision shall not be interpreted as limiting 
the Administrator’s authority to waive the require-
ments of paragraph (2) in whole, or in part, under 
paragraph (7) or paragraph (9), pertaining to waiv-
ers. 
‘‘(9) ASSESSMENT
AND
WAIVER.—The Sec-
retary of Energy, in consultation with the Adminis-
trator of the Environmental Protection Agency and 
the Secretary of Agriculture on his own motion, or 
upon petition of any State shall evaluate the require-
ment of paragraph (2) and determine, prior to Janu-
ary 1, 2007, or prior to January 1 of any subse-
quent year in which the applicable volume of renew-
able fuel is increased under paragraph (2)(B), 
whether the requirement of paragraph (2), including 
the applicable volume of renewable fuel contained in 
paragraph (2)(B) should remain in effect, in whole 
or in part, during 2007 or any year or years subse-
quent to 2007. In evaluating the requirement of 
paragraph (2) and in making any determination 
under this section, the Secretary shall consider the 
best available information and data collected by ac-
cepted methods or best available means regarding—
‘‘(A) the capacity of renewable fuel pro-
ducers to supply an adequate amount of renew-
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(ii) reformulated gasoline containing 
ethanol; 
(iii) conventional gasoline containing 
renewable fuel; and 
(iv) reformulated gasoline containing 
renewable fuel; and 
(B) submit to Congress, and make publicly 
available, a report on the results of the survey 
under subparagraph (A). 
(2) RECORDKEEPING
AND
REPORTING
RE-
QUIREMENTS.—The Administrator may require any 
refiner, blender, or importer to keep such records 
and make such reports as are necessary to ensure 
that the survey conducted under paragraph (1) is 
accurate. The Administrator shall rely, to the extent 
practicable, on existing reporting and recordkeeping 
requirements to avoid duplicative requirements. 
(3) APPLICABLE
LAW.—Activities carried out 
under this subsection shall be conducted in a man-
ner designed to protect confidentiality of individual 
responses. 
(4) CALCULATION OF MARKET SHARES.—Mar-
ket shares for conventional gasoline and reformu-
lated gasoline use areas will be calculated on a state-
wide basis using information collected under para-
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graph (2) and other information available to the Ad-
ministrator. Market share information may be based 
upon gasoline distribution patterns that include 
multistate use areas. 
SEC. 17102. FUELS SAFE HARBOR. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal or State law, no renewable fuel, as defined 
by section 211(o)(1) of the Clean Air Act, or fuel con-
taining MTBE, used or intended to be used as a motor 
vehicle fuel, nor any motor vehicle fuel containing such 
renewable fuel or MTBE, shall be deemed defective in de-
sign or manufacture by virtue of the fact that it is, or 
contains, such a renewable fuel or MTBE, if it does not 
violate a control or prohibition imposed by the Adminis-
trator under section 211 of such Act, and the manufac-
turer is in compliance with all requests for information 
under subsection (b) of such section 211(b) of the Clean 
Air Act. If the safe harbor provided by this section does 
not apply, the existence of a design defect or manufac-
turing defect shall be determined under otherwise applica-
ble law. Nothing in this paragraph shall be construed to 
affect the liability of any person for environmental remedi-
ation costs, drinking water contamination, negligence, 
public nuisance or any other liability other than liability
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for a defect in design or manufacture of a motor vehicle 
fuel. 
(b) EFFECTIVE DATE.—This section shall be effec-
tive as of the date of enactment and shall apply with re-
spect to all claims filed on or after that date. 
SEC. 17103. FINDINGS AND MTBE TRANSITION ASSISTANCE. 
(a) FINDINGS.—Congress finds that—
(1) since 1979, methyl tertiary butyl ether (re-
ferred to in this section as ‘‘MTBE’’) has been used 
nationwide at low levels in gasoline to replace lead 
as an octane booster or anti-knocking agent; 
(2) Public Law 101–549 (commonly known as 
the ‘‘Clean Air Act Amendments of 1990’’) (42 
U.S.C. 7401 et seq.) established a fuel oxygenate 
standard under which reformulated gasoline must 
contain at least 2 percent oxygen by weight; 
(3) at the time of the adoption of the fuel oxy-
gen standard, Congress was aware that significant 
use of MTBE would result from the adoption of that 
standard, and that the use of MTBE would likely be 
important to the cost-effective implementation of 
that program; 
(4) Congress was aware that gasoline and its 
component additives can and do leak from storage 
tanks;
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(5) the fuel industry responded to the fuel oxy-
genate standard established by Public Law 101–549 
by making substantial investments in—
(A) MTBE production capacity; and 
(B) systems to deliver MTBE-containing 
gasoline to the marketplace; 
(6) Congress has—
(A) reconsidered the relative value of the 
oxygenate requirement for reformulated gaso-
line; and 
(B) decided to provide for the elimination 
of the oxygenate requirement for reformulated 
gasoline and to provide for a renewable content 
requirement for motor fuel; and 
(7) it is appropriate for Congress to provide 
some limited transition assistance—
(A) to merchant producers of MTBE who 
produced MTBE in response to a market cre-
ated by the oxygenate requirement contained in 
the Clean Air Act; and 
(B) for the purpose of mitigating any fuel 
supply problems that may result from the elimi-
nation of the oxygenate requirement for refor-
mulated gasoline.
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(b) PURPOSES.—The purpose of this section is to 
provide assistance to merchant producers of MTBE in 
making the transition from producing MTBE to producing 
other fuel additives. 
(c) MTBE MERCHANT PRODUCER CONVERSION AS-
SISTANCE.—Section 211(c) of the Clean Air Act (42 
U.S.C. 7545(c)) is amended by adding at the end the fol-
lowing: 
‘‘(5) MTBE MERCHANT
PRODUCER
CONVER-
SION ASSISTANCE.—
‘‘(A) IN GENERAL.—
‘‘(i) GRANTS.—The Secretary of En-
ergy, in consultation with the Adminis-
trator, may make grants to merchant pro-
ducers of methyl tertiary butyl ether in the 
United States to assist the producers in 
the conversion of eligible production facili-
ties described in subparagraph (C) to the 
production of iso-octane and alkylates. 
‘‘(ii) DETERMINATION.—The Admin-
istrator, in consultation with the Secretary 
of Energy, may determine that transition 
assistance for the production of iso-octane 
and alkylates is inconsistent with the pro-
visions of subparagraph (B) and, on that
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basis, may deny applications for grants au-
thorized by this provision. 
‘‘(B) FURTHER
GRANTS.—The Secretary 
of Energy, in consultation with the Adminis-
trator, may also further make grants to mer-
chant producers of MTBE in the United States 
to assist the producers in the conversion of eli-
gible production facilities described in subpara-
graph (C) to the production of such other fuel 
additives that, consistent with this subsection—
‘‘(i) unless the Administrator deter-
mines that such fuel additives may reason-
ably be anticipated to endanger public 
health or the environment; 
‘‘(ii) have been registered and have 
been tested or are being tested in accord-
ance with the requirements of this section; 
and 
‘‘(iii) will contribute to replacing gaso-
line volumes lost as a result of paragraph 
(5). 
‘‘(C) 
ELIGIBLE
PRODUCTION
FACILI-
TIES.—A production facility shall be eligible to 
receive a grant under this paragraph if the pro-
duction facility—
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‘‘(i) is located in the United States; 
and 
‘‘(ii) produced methyl tertiary butyl 
ether for consumption before April 1, 2003 
and ceased production at any time after 
the date of enactment. 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to carry out this paragraph $250,000,000 for 
each of fiscal years 2004 through 2006, to re-
main available until expended.’’.
(d) EFFECT
ON STATE LAW.—The amendments 
made to the Clean Air Act by this title have no effect re-
garding any available authority of States to limit the use 
of methyl tertiary butyl ether in motor vehicle fuel.
SEC. 17104. ELIMINATION OF OXYGEN CONTENT REQUIRE-
MENT FOR REFORMULATED GASOLINE. 
(a) ELIMINATION.—
(1) IN GENERAL.—Section 211(k) of the Clean 
Air Act (42 U.S.C. 7545(k)) is amended—
(A) in paragraph (2)—
(i) in the second sentence of subpara-
graph (A), by striking ‘‘(including the oxy-
gen content requirement contained in sub-
paragraph (B))’’;
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(ii) by striking subparagraph (B); and 
(iii) by redesignating subparagraphs 
(C) and (D) as subparagraphs (B) and 
(C), respectively; 
(B) in paragraph (3)(A), by striking clause 
(v); 
(C) in paragraph (7)—
(i) in subparagraph (A)—
(I) by striking clause (i); and 
(II) by redesignating clauses (ii) 
and (iii) as clauses (i) and (ii), respec-
tively; and 
(ii) in subparagraph (C)—
(I) by striking clause (ii); and 
(II) by redesignating clause (iii) 
as clause (ii); and 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect 270 days after the date 
of enactment of this Act, except that such amend-
ments shall take effect upon enactment in any State 
that has received a waiver under section 209(b) of 
the Clean Air Act. 
(b) MAINTENANCE OF TOXIC AIR POLLUTANT EMIS-
SION REDUCTIONS.—Section 211(k)(1) of the Clean Air 
Act (42 U.S.C. 7545(k)(1)) is amended—
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(1) by striking ‘‘Within 1 year after the enact-
ment of the Clean Air Act Amendments of 1990,’’ 
and inserting the following: 
‘‘(A) IN
GENERAL.—Not later than No-
vember 15, 1991,’’; and 
(2) by adding at the end the following: 
‘‘(B) MAINTENANCE OF TOXIC AIR POL-
LUTANT EMISSIONS REDUCTIONS FROM REFOR-
MULATED GASOLINE.—
‘‘(i) DEFINITIONS.—In this subpara-
graph the term ‘PADD’ means a Petro-
leum Administration for Defense District. 
‘‘(ii) REGULATIONS REGARDING EMIS-
SIONS
OF
TOXIC
AIR
POLLUTANTS.—Not 
later than 270 days after the date of en-
actment of this subparagraph the Adminis-
trator shall establish, for each refinery or 
importer, standards for toxic air pollutants 
from use of the reformulated gasoline pro-
duced or distributed by the refinery or im-
porter that maintain the reduction of the 
average annual aggregate emissions of 
toxic air pollutants for reformulated gaso-
line produced or distributed by the refinery 
or importer during calendar years 1999
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and 2000, determined on the basis of data 
collected by the Administrator with respect 
to the refinery or importer. 
‘‘(iii) STANDARDS
APPLICABLE
TO 
SPECIFIC REFINERIES OR IMPORTERS.—
‘‘(I) APPLICABILITY
OF
STAND-
ARDS.—For any calendar year, the 
standards applicable to a refinery or 
importer under clause (ii) shall apply 
to the quantity of gasoline produced 
or distributed by the refinery or im-
porter in the calendar year only to the 
extent that the quantity is less than 
or equal to the average annual quan-
tity of reformulated gasoline produced 
or distributed by the refinery or im-
porter during calendar years 1999 
and 2000. 
‘‘(II) APPLICABILITY OF OTHER 
STANDARDS.—For any calendar year, 
the quantity of gasoline produced or 
distributed by a refinery or importer 
that is in excess of the quantity sub-
ject to subclause (I) shall be subject 
to standards for toxic air pollutants
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promulgated under subparagraph (A) 
and paragraph (3)(B). 
‘‘(iv) CREDIT PROGRAM.—The Admin-
istrator shall provide for the granting and 
use of credits for emissions of toxic air pol-
lutants in the same manner as provided in 
paragraph (7). 
‘‘(v) 
REGIONAL
PROTECTION
OF 
TOXICS REDUCTION BASELINES.—
‘‘(I) IN
GENERAL.—Not later 
than 60 days after the date of enact-
ment of this subparagraph, and not 
later than April 1 of each calendar 
year that begins after that date of en-
actment, the Administrator shall pub-
lish in the Federal Register a report 
that specifies, with respect to the pre-
vious calendar year—
‘‘(aa) the quantity of refor-
mulated gasoline produced that is 
in excess of the average annual 
quantity of reformulated gasoline 
produced in 1999 and 2000; and 
‘‘(bb) the reduction of the 
average annual aggregate emis-
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sions of toxic air pollutants in 
each PADD, based on retail sur-
vey data or data from other ap-
propriate sources. 
‘‘(II) EFFECT
OF
FAILURE
TO 
MAINTAIN
AGGREGATE
TOXICS
RE-
DUCTIONS.—If, in any calendar year, 
the reduction of the average annual 
aggregate emissions of toxic air pol-
lutants in a PADD fails to meet or 
exceed the reduction of the average 
annual aggregate emissions of toxic 
air pollutants in the PADD in cal-
endar years 1999 and 2000, the Ad-
ministrator, not later than 90 days 
after the date of publication of the re-
port for the calendar year under sub-
clause (I), shall—
‘‘(aa) identify, to the max-
imum extent practicable, the rea-
sons for the failure, including the 
sources, volumes, and character-
istics of reformulated gasoline 
that contributed to the failure; 
and
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‘‘(bb) promulgate revisions 
to the regulations promulgated 
under clause (ii), to take effect 
not earlier than 180 days but not 
later than 270 days after the 
date of promulgation, to provide 
that, 
notwithstanding 
clause 
(iii)(II), all reformulated gasoline 
produced or distributed at each 
refinery or importer shall meet 
the standards applicable under 
clause (ii) not later than April 1 
of the year following the report 
in subclause (II) and for subse-
quent years. 
‘‘(vi) 
REGULATIONS
TO
CONTROL 
HAZARDOUS
AIR
POLLUTANTS
FROM 
MOTOR
VEHICLES
AND
MOTOR
VEHICLE 
FUELS.—Not later than July 1, 2004, the 
Administrator shall promulgate final regu-
lations to control hazardous air pollutants 
from motor vehicles and motor vehicle 
fuels, as provided for in section 80.1045 of 
title 40, Code of Federal Regulations (as
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in effect on the date of enactment of this 
subparagraph).’’. 
(c) CONSOLIDATION IN REFORMULATED GASOLINE 
REGULATIONS.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall revise 
the reformulated gasoline regulations under subpart D of 
part 80 of title 40, Code of Federal Regulations, to con-
solidate the regulations applicable to VOC-Control Re-
gions 1 and 2 under section 80.41 of that title by elimi-
nating the less stringent requirements applicable to gaso-
line designated for VOC-Control Region 2 and instead ap-
plying the more stringent requirements applicable to gaso-
line designated for VOC-Control Region 1. 
(d) SAVINGS CLAUSE.—Nothing in this section is in-
tended to affect or prejudice either any legal claims or ac-
tions with respect to regulations promulgated by the Ad-
ministrator prior to enactment of this Act regarding emis-
sions of toxic air pollutants from motor vehicles or the 
adjustment of standards applicable to a specific refinery 
or importer made under such prior regulations and the 
Administrator may apply such adjustments to the stand-
ards applicable to such refinery or importer under clause 
(iii)(I) of section 211(k)(1)(B) of the Clean Air Act, ex-
cept that—
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(1) the Administrator shall revise such adjust-
ments to be based only on calendar years 1999–
2000, and 
(2) for adjustments based on toxic air pollutant 
emissions from reformulated gasoline significantly 
below the national annual average emissions of toxic 
air pollutants from all reformulated gasoline, the 
Administrator may revise such adjustments to take 
account of the scope of any lawful and enforceable 
Federal or State prohibition on methyl tertiary butyl 
ether imposed after the effective date of the enact-
ment of this paragraph, except that any such adjust-
ment shall require such refiner or importer, to the 
greatest extent practicable, to maintain the reduc-
tion achieved during calendar year 1999–2000 in the 
average annual aggregate emissions of toxic air pol-
lutants from reformulated gasoline produced or dis-
tributed by the refinery or importer. Any such ad-
justment shall not be made at a level below the aver-
age percentage of reductions of emissions of toxic air 
pollutants for reformulated gasoline supplied to 
PADD I during calendar years 1999–2000. 
SEC. 17105. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended by inserting after subsection (o) the following:
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‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL CHANGES 
AND EMISSIONS MODEL.—
‘‘(1) ANTI-BACKSLIDING ANALYSIS.—
‘‘(A) DRAFT ANALYSIS.—Not later than 4 
years after the date of enactment of this para-
graph, the Administrator shall publish for pub-
lic comment a draft analysis of the changes in 
emissions of air pollutants and air quality due 
to the use of motor vehicle fuel and fuel addi-
tives resulting from implementation of the 
amendments made by title VII of the Energy 
Policy Act of 2003. 
‘‘(B) FINAL ANALYSIS.—After providing a 
reasonable opportunity for comment but not 
later than 5 years after the date of enactment 
of this paragraph, the Administrator shall pub-
lish the analysis in final form. 
‘‘(2) EMISSIONS MODEL.—For the purposes of 
this subsection, as soon as the necessary data are 
available, the Administrator shall develop and final-
ize an emissions model that reasonably reflects the 
effects of gasoline characteristics or components on 
emissions from vehicles in the motor vehicle fleet 
during calendar year 2005.’’.
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SEC. 17106. DATA COLLECTION. 
Section 205 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7135) is amended by adding at the 
end the following: 
‘‘(m) RENEWABLE FUELS SURVEY.—(1) In order to 
improve the ability to evaluate the effectiveness of the Na-
tion’s renewable fuels mandate, the Administrator shall 
conduct and publish the results of a survey of renewable 
fuels demand in the motor vehicle fuels market in the 
United States monthly, and in a manner designed to pro-
tect the confidentiality of individual responses. In con-
ducting the survey, the Administrator shall collect infor-
mation both on a national and regional basis, including—
‘‘(A) the quantity of renewable fuels produced; 
‘‘(B) the quantity of renewable fuels blended; 
‘‘(C) the quantity of renewable fuels imported; 
‘‘(D) the quantity of renewable fuels demanded; 
‘‘(E) market price data; and 
‘‘(F) such other analyses or evaluations as the 
Administrator finds is necessary to achieve the pur-
poses of this section. 
‘‘(2) The Administrator shall also collect or estimate 
information both on a national and regional basis, pursu-
ant to subparagraphs (A) through (F) of paragraph (1), 
for the five years prior to implementation of this sub-
section.
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‘‘(3) This subsection does not affect the authority of 
the Administrator to collect data under section 52 of the 
Federal Energy Administration Act of 1974 (15 U.S.C. 
790a).’’. 
SEC. 17107. FUEL SYSTEM REQUIREMENTS HARMONI-
ZATION STUDY. 
(a) STUDY.—
(1) IN
GENERAL.—The Administrator of the 
Environmental Protection Agency and the Secretary 
of Energy shall jointly conduct a study of Federal, 
State, and local requirements concerning motor vehi-
cle fuels, including—
(A) requirements relating to reformulated 
gasoline, volatility (measured in Reid vapor 
pressure), oxygenated fuel, and diesel fuel; and 
(B) other requirements that vary from 
State to State, region to region, or locality to 
locality. 
(2) REQUIRED ELEMENTS.—The study shall as-
sess—
(A) the effect of the variety of require-
ments described in paragraph (1) on the supply, 
quality, and price of motor vehicle fuels avail-
able to consumers in various States and local-
ities;
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(ii) reduce price volatility and costs to 
consumers and producers; 
(iii) provide increased liquidity to the 
gasoline market; and 
(iv) enhance fuel quality, consistency, 
and supply; 
(F) the feasibility of providing incentives, 
to promote cleaner burning motor vehicle fuel; 
and 
(G) the extent to which improvements in 
air quality and any increases or decreases in 
the price of motor fuel can be projected to re-
sult from the Environmental Protection Agen-
cy’s Tier II requirements for conventional gaso-
line and vehicle emission systems, the reformu-
lated gasoline program, the renewable content 
requirements established by this subtitle, State 
programs regarding gasoline volatility, and any 
other requirements imposed by States or local-
ities affecting the composition of motor fuel. 
(b) REPORT.—
(1) IN GENERAL.—Not later than December 31, 
2006, the Administrator of the Environmental Pro-
tection Agency and the Secretary of Energy shall
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submit to Congress a report on the results of the 
study conducted under subsection (a). 
(2) RECOMMENDATIONS.—
(A) IN GENERAL.—The report shall con-
tain recommendations for legislative and admin-
istrative actions that may be taken—
(i) to improve air quality; 
(ii) to reduce costs to consumers and 
producers; and 
(iii) to increase supply liquidity. 
(B) 
REQUIRED
CONSIDERATIONS.—The 
recommendations under subparagraph (A) shall 
take into account the need to provide advance 
notice of required modifications to refinery and 
fuel distribution systems in order to ensure an 
adequate supply of motor vehicle fuel in all 
States. 
(3) CONSULTATION.—In developing the report, 
the Administrator of the Environmental Protection 
Agency and the Secretary of Energy shall consult 
with—
(A) the Governors of the States; 
(B) automobile manufacturers; 
(C) motor vehicle fuel producers and dis-
tributors; and
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(D) the public.
SEC. 17107A. REDUCING THE PROLIFERATION BOUTIQUE 
FUELS. 
(a) EPA APPROVAL OF STATE PLANS WITH BOU-
TIQUE FUELS.—Section 211(c)(4) of the Clean Air Act 
(42 U.S.C. 7545(c)(4)) is amended by adding the fol-
lowing at the end thereof: 
‘‘(D) In the case of gasoline, after the enactment of 
this subparagraph, the Administrator shall give a pref-
erence to the approval of implementation plan provisions 
described in subparagraph (C) if the control or prohibition 
in such provisions requires the use of either of the fol-
lowing: 
‘‘(i) Federal clean burning fuel meeting the re-
quirements of subsection (p)(1). 
‘‘(ii) Low RVP gasoline meeting the require-
ments of subsection (p)(2).’’. 
(b) PREFERRED GASOLINE OPTIONS.—Section 211 
of the Clean Air Act (42 U.S.C. 7545) is amended by add-
ing the following new subsection at the end thereof: 
‘‘(r) PREFERRED GASOLINE OPTIONS.—
‘‘(1) FEDERAL CLEAN BURNING GASOLINE.—
For purposes of this section, the term ‘Federal clean 
burning gasoline’ means reformulated gasoline as de-
fined in subsection (k), the Reid Vapor Pressure of
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which is equal to 6.8 pounds per square inch (psi) 
for the high ozone season (as determined by the Ad-
ministrator). 
‘‘(2) LOW RVP GASOLINE.—The Administrator 
shall promulgate regulations providing for a gasoline 
blend for the high ozone season (as determined by 
the Administrator) having a Reid Vapor Pressure of 
7.8 pounds per square inch (psi).’’.
SEC. 17108. COMMERCIAL BYPRODUCTS FROM MUNICIPAL 
SOLID WASTE LOAN GUARANTEE PROGRAM. 
(a) DEFINITION OF MUNICIPAL SOLID WASTE.—In 
this section, the term ‘‘municipal solid waste’’ has the 
meaning given the term ‘‘solid waste’’ in section 1004 of 
the Solid Waste Disposal Act (42 U.S.C. 6903). 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Energy shall establish a program to provide guarantees 
of loans by private institutions for the construction of fa-
cilities for the processing and conversion of municipal solid 
waste into fuel ethanol and other commercial byproducts. 
(c) REQUIREMENTS.—The Secretary may provide a 
loan guarantee under subsection (b) to an applicant if—
(1) without a loan guarantee, credit is not 
available to the applicant under reasonable terms or 
conditions sufficient to finance the construction of a 
facility described in subsection (b);
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(2) the prospective earning power of the appli-
cant and the character and value of the security 
pledged provide a reasonable assurance of repayment 
of the loan to be guaranteed in accordance with the 
terms of the loan; and 
(3) the loan bears interest at a rate determined 
by the Secretary to be reasonable, taking into ac-
count the current average yield on outstanding obli-
gations of the United States with remaining periods 
of maturity comparable to the maturity of the loan. 
(d) CRITERIA.—In selecting recipients of loan guar-
antees from among applicants, the Secretary shall give 
preference to proposals that—
(1) meet all applicable Federal and State per-
mitting requirements; 
(2) are most likely to be successful; and 
(3) are located in local markets that have the 
greatest need for the facility because of—
(A) the limited availability of land for 
waste disposal; or 
(B) a high level of demand for fuel ethanol 
or other commercial byproducts of the facility. 
(e) MATURITY.—A loan guaranteed under subsection 
(b) shall have a maturity of not more than 20 years.
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(f) TERMS AND CONDITIONS.—The loan agreement 
for a loan guaranteed under subsection (b) shall provide 
that no provision of the loan agreement may be amended 
or waived without the consent of the Secretary. 
(g) ASSURANCE
OF REPAYMENT.—The Secretary 
shall require that an applicant for a loan guarantee under 
subsection (b) provide an assurance of repayment in the 
form of a performance bond, insurance, collateral, or other 
means acceptable to the Secretary in an amount equal to 
not less than 20 percent of the amount of the loan. 
(h) GUARANTEE FEE.—The recipient of a loan guar-
antee under subsection (b) shall pay the Secretary an 
amount determined by the Secretary to be sufficient to 
cover the administrative costs of the Secretary relating to 
the loan guarantee. 
(i) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States is pledged to the payment of 
all guarantees made under this section. Any such guar-
antee made by the Secretary shall be conclusive evidence 
of the eligibility of the loan for the guarantee with respect 
to principal and interest. The validity of the guarantee 
shall be incontestable in the hands of a holder of the guar-
anteed loan. 
(j) REPORTS.—Until each guaranteed loan under this 
section has been repaid in full, the Secretary shall annu-
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ally submit to Congress a report on the activities of the 
Secretary under this section. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
(l) TERMINATION OF AUTHORITY.—The authority of 
the Secretary to issue a loan guarantee under subsection 
(b) terminates on the date that is 10 years after the date 
of enactment of this Act.
Subtitle B—MTBE Cleanup 
SEC. 17201. FUNDING FOR MTBE CONTAMINATION. 
Notwithstanding any other provision of law, there is 
authorized to be appropriated to the Administrator of the 
United States Environmental Protection Agency from the 
Leaking Underground Storage Tank Trust Fund not more 
than $850,000,000 to be used for taking such action lim-
ited to site assessment (including exposure assessment), 
corrective action, inspection of underground storage tank 
systems, and groundwater monitoring as the Adminis-
trator deems necessary to protect human health, welfare, 
and the environment from underground storage tank re-
leases of fuel containing fuel oxygenates.
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TITLE VIII—AUTOMOBILE 
EFFICIENCY 
SEC. 18001. AUTHORIZATION OF APPROPRIATIONS FOR IM-
PLEMENTATION 
AND 
ENFORCEMENT 
OF 
FUEL ECONOMY STANDARDS. 
In addition to any other funds authorized by law, 
there are authorized to be appropriated to the National 
Highway Traffic Safety Administration to implement and 
enforce average fuel economy standards $5,000,000 for 
fiscal years 2004 through 2006. 
SEC. 18002. STUDY OF FEASIBILITY AND EFFECTS OF RE-
DUCING USE OF FUEL FOR AUTOMOBILES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Administrator of 
the National Highway Traffic Safety Administration shall 
study the feasibility and effects of reducing by model year 
2012, by a significant percentage, the use of fuel for auto-
mobiles. 
(b) SUBJECTS OF STUDY.—The study under this sec-
tion shall include—
(1) examination of, and recommendation of al-
ternatives to, the policy under current Federal law 
of establishing average fuel economy standards for 
automobiles and requiring each automobile manufac-
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turer to comply with average fuel economy standards 
that apply to the automobiles it manufactures; 
(2) examination of how automobile manufactur-
ers could contribute toward achieving the reduction 
referred to in subsection (a); 
(3) examination of the potential of fuel cell 
technology in motor vehicles in order to determine 
the extent to which such technology may contribute 
to achieving the reduction referred to in subsection 
(a); and 
(4) examination of the effects of the reduction 
referred to in subsection (a) on—
(A) gasoline supplies; 
(B) the automobile industry, including 
sales of automobiles manufactured in the 
United States; 
(C) motor vehicle safety; and 
(D) air quality. 
(c) REPORT.—The Administrator shall submit to the 
Congress a report on the findings, conclusion, and rec-
ommendations of the study under this section by not later 
than 1 year after the date of the enactment of this Act.
DIVISION B—SCIENCE 
SEC. 20001. PURPOSES. 
The purposes of this division are to—
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(1) contribute to a national energy strategy 
through an energy research and development pro-
gram that supports basic energy research and pro-
vides mechanisms to develop, demonstrate, and pro-
mote the commercial application of new energy tech-
nologies in partnership with industry; 
(2) protect and strengthen the Nation’s econ-
omy, standard of living, and national security by re-
ducing dependence on imported energy; 
(3) meet future needs for energy services at the 
lowest total cost to the Nation, giving balanced and 
comprehensive consideration to technologies that im-
prove the efficiency of energy end uses and that en-
hance energy supply; 
(4) reduce the environmental impacts of energy 
production, distribution, transportation, and use; 
(5) help increase domestic production of energy, 
increase the availability of hydrocarbon reserves, and 
lower energy prices; and 
(6) stimulate economic growth and enhance the 
ability of United States companies to compete in fu-
ture markets for advanced energy technologies. 
SEC. 20002. GOALS. 
(a) IN GENERAL.—In order to achieve the purposes 
of this division, the Secretary shall conduct a balanced set
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of programs of energy research, development, demonstra-
tion, and commercial application, guided by the following 
goals: 
(1) ENERGY EFFICIENCY.—
(A) BUILDINGS.—Develop, in partnership 
with industry, technologies, designs, and pro-
duction methods that will enable an average 25 
percent increase by 2010 in the energy effi-
ciency of all new buildings, as compared to a 
new building in 1996. 
(B) INDUSTRY.—Develop, in partnership 
with industry, technologies, designs, and pro-
duction methods that will enable the energy in-
tensity of the major energy-consuming indus-
tries to improve by at least 25 percent by 2010 
as compared to 1991. 
(C) VEHICLES.—Develop, in partnership 
with industry, technologies that will enable—
(i) by 2010, mid-sized passenger auto-
mobiles with a fuel economy of 80 miles 
per gallon; 
(ii) by 2010, light trucks (classes 1 
and 2a) with a fuel economy of 60 miles 
per gallon;
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(iii) by 2010, medium trucks and 
buses (classes 2b through 6 and class 8 
transit buses) with a fuel economy, in ton-
miles per gallon for trucks and passenger 
miles per gallon for buses, that is 3 times 
that of year 2000 equivalent vehicles; 
(iv) by 2010, heavy trucks (classes 7 
and 8) with a fuel economy, in ton-miles 
per gallon, that is 2 times that of year 
2000 equivalent vehicles; and 
(v) by 2020, meeting the goal of the 
President’s Hydrogen Initiative. 
(2) DISTRIBUTED ENERGY AND ELECTRIC EN-
ERGY SYSTEMS.—
(A) DISTRIBUTED GENERATION.—Develop, 
in partnership with industry, technologies based 
on natural gas that achieve electricity gener-
ating efficiencies greater than 40 percent by 
2015 for on-site, or distributed, generation 
technologies. 
(B) ELECTRIC
ENERGY
SYSTEMS
AND 
STORAGE.—Develop, in partnership with indus-
try—
(i) technologies for generators and 
transmission, distribution, and storage sys-
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tems that combine high capacity with high 
efficiency (particularly for electric trans-
mission facilities in rural and remote 
areas); 
(ii) new transmission and distribution 
technologies, including flexible alternating 
current transmission systems, composite 
conductor materials, advanced protection 
devices, and controllers; 
(iii) technologies for interconnection 
of distributed energy resources with elec-
tric power systems; 
(iv) high-temperature superconducting 
materials for power delivery equipment 
such as transmission and distribution ca-
bles, transformers, and generators; and
(v) real-time transmission and dis-
tribution system control technologies that 
provide for continual exchange of informa-
tion between generation, transmission, dis-
tribution, and end-user facilities. 
(3) RENEWABLE ENERGY.—
(A) WIND POWER.—Develop, in partner-
ship with industry, technologies and designs 
that will—
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(i) reduce the cost of wind power by 
40 percent by 2012 as compared to 2000; 
and 
(ii) expand utilization of class 3 and 4 
winds. 
(B) PHOTOVOLTAICS.—Develop, in part-
nership with industry, total photovoltaic sys-
tems with installed costs of $5,000 per peak kil-
owatt by 2005 and $2000 per peak kilowatt by 
2015. 
(C) SOLAR THERMAL SYSTEMS.—Develop, 
in partnership with industry, solar power tech-
nologies (including baseload solar power) that 
combine high-efficiency and high-temperature 
receivers with advanced thermal storage and 
power cycles to accommodate peak loads and 
reduce lifecycle costs. 
(D) GEOTHERMAL ENERGY.—Develop, in 
partnership with industry, technologies and 
processes based on advanced hydrothermal sys-
tems and advanced heat and power systems, in-
cluding geothermal or ground source heat pump 
technology, with a specific focus on—
(i) improving exploration and charac-
terization technology to increase the prob-
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ability of drilling successful wells from 20 
percent to 40 percent by 2010; 
(ii) reducing the cost of drilling by 
2008 to an average cost of $225 per foot; 
(iii) developing enhanced geothermal 
systems technology with the potential to 
double the usable geothermal resource 
base, as compared to the date of enact-
ment of this Act; and 
(iv) reducing the cost of installing the 
ground loop of ground-source heat pumps 
by 30 percent by 2007 compared to the 
cost in 2000. 
(E) BIOMASS-BASED
POWER
SYSTEMS.—
Develop, in partnership with industry, inte-
grated power generating systems, advanced con-
version, and feedstock technologies capable of 
producing electric power that is cost-competitive 
with fossil-fuel generated electricity by 2010, 
through co-production of fuels, chemicals, and 
other products under subparagraph (F). 
(F) BIOFUELS.—Develop, in partnership 
with industry, new and emerging technologies 
and biotechnology processes capable of mak-
ing—
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(i) gaseous and liquid biofuels that 
are price-competitive, by 2010, with gaso-
line or diesel in either internal combustion 
engines or fuel cells; and 
(ii) biofuels, biobased polymers, and 
chemicals, including those derived from 
lignocellulosic feedstock, with particular 
emphasis on developing biorefineries that 
use enzyme-based processing systems. 
(G) HYDROPOWER.—Develop, in partner-
ship with industry, a new generation of turbine 
technologies that will increase generating capac-
ity and be less damaging to fish and aquatic 
ecosystems. 
(4) FOSSIL ENERGY.— 
(A) POWER
GENERATION.—Develop, in 
partnership with industry, technologies, includ-
ing precombustion technologies, by 2015 with 
the capability of realizing—
(i) electricity generating efficiencies of 
75 percent (lower heating value) for nat-
ural gas; and 
(ii) widespread commercial application 
of combined heat and power with thermal
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efficiencies of more than 85 percent (high-
er heating value). 
(B) 
OFFSHORE
OIL
AND
GAS
RE-
SOURCES.—Develop, in partnership with indus-
try, technologies to—
(i) extract methane hydrates in coast-
al waters of the United States; and 
(ii) develop natural gas and oil re-
serves in the ultra-deepwater of the Cen-
tral and Western Gulf of Mexico, with a 
focus on improving, while lowering costs 
and reducing environmental impacts, the 
safety and efficiency of—
(I) the recovery of ultra-deep-
water resources; and 
(II) sub-sea production tech-
nology used for such recovery. 
(C) ONSHORE OIL AND GAS RESOURCES.—
Advance the science and technology available to 
domestic onshore petroleum producers, particu-
larly independent producers of oil or gas, 
through—
(i) advances in technology for explo-
ration and production of domestic petro-
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leum resources, particularly those not ac-
cessible with current technology; 
(ii) improvement in the ability to ex-
tract hydrocarbons (including heavy oil) 
from known reservoirs and classes of res-
ervoirs; and 
(iii) development of technologies and 
practices that reduce the impact on the en-
vironment from petroleum exploration and 
production. 
(D) TRANSPORTATION
FUELS.—Increase 
the availability of transportation fuels by focus-
ing research on—
(i) reducing the cost of producing 
transportation fuels from coal and natural 
gas; and 
(ii) indirect liquefaction of coal and 
biomass. 
(5) NUCLEAR ENERGY.—
(A) EXISTING
REACTORS.—Support re-
search to extend the lifetimes of existing United 
States nuclear power reactors, and increase 
their reliability while optimizing their current 
operations for greater efficiencies.
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(B) ADVANCED
REACTORS.—Develop, in 
partnership with industry—
(i) advanced, efficient, lower cost, and 
passively safe reactor designs; 
(ii) proliferation-resistant and high-
burn-up nuclear fuels; and 
(iii) technologies to minimize genera-
tion of radioactive materials and improve 
the management of nuclear waste. 
(C) NUCLEAR
SCIENTISTS
AND
ENGI-
NEERS.—Attract new students and faculty to 
the nuclear sciences, nuclear engineering, and 
related fields (including health physics, nuclear 
medicine, 
nuclear 
chemistry, 
and 
radiochemistry). 
(6) HYDROGEN.—Carry out programs related 
to hydrogen in the Fossil Fuel Program and the Nu-
clear Energy Program. 
(b) REVIEW AND ASSESSMENT OF GOALS.—
(1) EVALUATION
AND
MODIFICATION.—Based 
on amounts appropriated and developments in 
science and technology, the Secretary shall evaluate 
the goals set forth in subsection (a) at least once 
every 5 years, and shall report to the Congress any 
proposed modifications to the goals.
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(2) CONSULTATION.—In evaluating and pro-
posing modifications to the goals as provided in 
paragraph (1), the Secretary shall solicit public 
input. 
(3) PUBLIC COMMENT.—(A) After consultation 
under paragraph (2), the Secretary shall publish in 
the Federal Register a set of draft modifications to 
the goals for public comment. 
(B) Not later than 60 days after the date of 
publication of draft modifications under subpara-
graph (A), and after consideration of any public 
comments received, the Secretary shall publish the 
final modifications, including a summary of the pub-
lic comments received, in the Federal Register. 
(4) EFFECTIVE
DATE.—No modification to 
goals under this section shall take effect before the 
date which is 5 years after the date of enactment of 
this Act. 
(c) EFFECT OF GOALS.—(1) Nothing in paragraphs 
(1) through (6) of subsection (a), or any subsequent modi-
fication to the goals therein pursuant to subsection (b), 
shall—
(A) create any new—
(i) authority for any Federal agency; or 
(ii) requirement for any other person;
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(B) be used by a Federal agency to support the 
establishment of regulatory standards or regulatory 
requirements; or 
(C) alter the authority of the Secretary to make 
grants or other awards. 
(2) Nothing in this subsection shall be construed to 
limit the authority of the Secretary to impose conditions 
on grants or other awards based on the goals in subsection 
(a) or any subsequent modification thereto. 
SEC. 20003. DEFINITIONS. 
For purposes of this division: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) DEPARTMENTAL MISSION.—The term ‘‘de-
partmental mission’’ means any of the functions 
vested in the Secretary of Energy by the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 
et seq.) or other law. 
(3) INDEPENDENT
PRODUCER
OF
OIL
OR 
GAS.—
(A) IN GENERAL.—The term ‘‘independent 
producer of oil or gas’’ means any person who 
produces oil or gas other than a person to 
whom subsection (c) of section 613A of the In-
ternal Revenue Code of 1986 does not apply by
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reason of paragraph (2) (relating to certain re-
tailers) or paragraph (4) (relating to certain re-
finers) of section 613A(d) of such Code. 
(B) RULES FOR APPLYING PARAGRAPHS (2) 
AND (4) OF SECTION 613A(d).—For purposes of 
subparagraph (A), paragraphs (2) and (4) of 
section 613A(d) of the Internal Revenue Code 
of 1986 shall be applied by substituting ‘‘cal-
endar year’’ for ‘‘taxable year’’ each place it ap-
pears in such paragraphs. 
(4) 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)). 
(5) JOINT
VENTURE.—The term ‘‘joint ven-
ture’’ has the meaning given that term under section 
2 of the National Cooperative Research and Produc-
tion Act of 1993 (15 U.S.C. 4301). 
(6) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means any of the following lab-
oratories owned by the Department: 
(A) Ames National Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Laboratory.
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(E) Idaho National Engineering and Envi-
ronmental Laboratory. 
(F) Lawrence Berkeley National Labora-
tory. 
(G) Lawrence Livermore National Labora-
tory. 
(H) Los Alamos National Laboratory. 
(I) National Energy Technology Labora-
tory. 
(J) National Renewable Energy Labora-
tory. 
(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Labora-
tory. 
(M) Princeton Plasma Physics Laboratory. 
(N) Sandia National Laboratories.
(O) Thomas Jefferson National Accel-
erator Facility. 
(7) NONMILITARY ENERGY LABORATORY.—The 
term ‘‘nonmilitary energy laboratory’’ means any of 
the following laboratories of the Department: 
(A) Ames National Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Laboratory.
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(E) Lawrence Berkeley National Labora-
tory. 
(F) Oak Ridge National Laboratory. 
(G) Pacific Northwest National Labora-
tory. 
(H) Princeton Plasma Physics Laboratory. 
(I) Stanford Linear Accelerator Center. 
(J) Thomas Jefferson National Accelerator 
Facility. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(9) SINGLE-PURPOSE
RESEARCH
FACILITY.—
The term ‘‘single-purpose research facility’’ means 
any of the following primarily single-purpose entities 
owned by the Department: 
(A) East Tennessee Technology Park. 
(B) Fernald Environmental Management 
Project. 
(C) Kansas City Plant. 
(D) Nevada Test Site. 
(E) New Brunswick Laboratory. 
(F) Pantex Weapons Facility. 
(G) Savannah River Technology Center. 
(H) Stanford Linear Accelerator Center.
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(I) Y–12 facility at Oak Ridge National 
Laboratory. 
(J) Waste Isolation Pilot Plant. 
(K) Any other similar organization of the 
Department designated by the Secretary that 
engages in technology transfer, partnering, or 
licensing activities. 
TITLE I—RESEARCH AND 
DEVELOPMENT 
Subtitle A—Energy Efficiency 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 21101. ENERGY EFFICIENCY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for energy effi-
ciency and conservation research, development, dem-
onstration, and commercial application activities, includ-
ing activities authorized under this subtitle: 
(1) For fiscal year 2004, $616,000,000. 
(2) For fiscal year 2005, $695,000,000. 
(3) For fiscal year 2006, $772,000,000. 
(4) For fiscal year 2007, $865,000,000. 
(b) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized:
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(1) LIGHTING SYSTEMS.—For activities under 
section 21111, $50,000,000 for each of fiscal years 
2004 through 2007. 
(2) 
ELECTRIC
MOTOR
CONTROL
TECH-
NOLOGY.—For 
activities 
under 
section 
21122, 
$2,000,000 for each of fiscal years 2004 through 
2007. 
(3) SECONDARY ELECTRIC VEHICLE BATTERY 
USE
PROGRAM.—For 
activities 
under 
section 
21132—
(A) for fiscal year 2004, $4,000,000; 
(B) for fiscal year 2005, $7,000,000; 
(C) for fiscal year 2006, $7,000,000; and 
(D) for fiscal year 2007, $7,000,000. 
(4) ENERGY
EFFICIENCY
SCIENCE
INITIA-
TIVE.—For activities under section 21141—
(A) for fiscal year 2004, $20,000,000; 
(B) for fiscal year 2005, $25,000,000; 
(C) for fiscal year 2006, $30,000,000; and 
(D) for fiscal year 2007, $35,000,000. 
(c) EXTENDED AUTHORIZATION.—There are author-
ized to be appropriated to the Secretary for activities 
under section 21111, $50,000,000 for each of fiscal years 
2008 through 2012.
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(d) LIMITS ON USE OF FUNDS.—None of the funds 
authorized to be appropriated under this section may be 
used for—
(1) the promulgation and implementation of en-
ergy efficiency regulations; 
(2) the Weatherization Assistance Program 
under part A of title IV of the Energy Conservation 
and Production Act; 
(3) the State Energy Program under part D of 
title III of the Energy Policy and Conservation Act; 
or 
(4) the Federal Energy Management Program 
under part 3 of title V of the National Energy Con-
servation Policy Act. 
PART 2—LIGHTING SYSTEMS
SEC. 21111. NEXT GENERATION LIGHTING INITIATIVE. 
(a) IN GENERAL.—The Secretary shall carry out a 
Next Generation Lighting Initiative in accordance with 
this section to support research, development, demonstra-
tion, and commercial application activities related to ad-
vanced solid-state lighting technologies based on white 
light emitting diodes. 
(b) OBJECTIVES.—The objectives of the initiative 
shall be—
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(1) to develop, by 2012, advanced solid-state 
lighting technologies based on white light emitting 
diodes that, compared to incandescent and fluores-
cent lighting technologies, are—
(A) longer lasting; 
(B) more energy-efficient; and 
(C) cost-competitive; 
(2) to develop an inorganic white light emitting 
diode that has an efficiency of 160 lumens per watt 
and a 10-year lifetime; and 
(3) to develop an organic white light emitting 
diode with an efficiency of 100 lumens per watt with 
a 5-year lifetime that—
(A) illuminates over a full color spectrum; 
(B) covers large areas over flexible sur-
faces; and 
(C) does not contain harmful pollutants, 
such as mercury, typical of fluorescent lamps. 
(c) FUNDAMENTAL RESEARCH.—
(1) CONSORTIUM.—The Secretary shall carry 
out the fundamental research activities of the Next 
Generation Lighting Initiative through a private 
consortium (which may include private firms, trade 
associations and institutions of higher education), 
which the Secretary shall select through a competi-
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tive process. Each proposed consortium shall submit 
to the Secretary such information as the Secretary 
may require, including a program plan agreed to by 
all participants of the consortium. 
(2) JOINT VENTURE.—The consortium shall be 
structured as a joint venture among the participants 
of the consortium. The Secretary shall serve on the 
governing council of the consortium. 
(3) ELIGIBILITY.—To be eligible to be selected 
as the consortium under paragraph (1), an applicant 
must be broadly representative of United States 
solid-state lighting research, development, and man-
ufacturing expertise as a whole. 
(4) GRANTS.—(A) The Secretary shall award 
grants for fundamental research to the consortium, 
which the consortium may disburse to researchers, 
including those who are not participants of the con-
sortium. 
(B) To receive a grant, the consortium must 
provide a description to the Secretary of the pro-
posed research and list the parties that will receive 
funding. 
(C) Grants shall be matched by the consortium 
pursuant to section 21802.
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(5) NATIONAL LABORATORIES.—National Lab-
oratories may participate in the research described 
in this section, and may receive funds from the con-
sortium. 
(6) INTELLECTUAL PROPERTY.—Participants in 
the consortium and the Federal Government shall 
have royalty-free nonexclusive rights to use intellec-
tual property derived from research funded pursuant 
to this subsection. 
(d) DEVELOPMENT, DEMONSTRATION, AND COM-
MERCIAL APPLICATION.—The Secretary shall carry out 
the development, demonstration, and commercial applica-
tion activities of the Next Generation Lighting Initiative 
through awards to private firms, trade associations, and 
institutions of higher education. In selecting awardees, the 
Secretary may give preference to members of the consor-
tium selected pursuant to subsection (c). 
(e) PLANS AND ASSESSMENTS.—(1) The consortium 
shall formulate an annual operating plan which shall in-
clude research priorities, technical milestones, and plans 
for technology transfer, and which shall be subject to ap-
proval by the Secretary. 
(2) The Secretary shall enter into an arrangement 
with the National Academy of Sciences to conduct periodic 
reviews of the Next Generation Lighting Initiative. The
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Academy shall review the research priorities, technical 
milestones, and plans for technology transfer established 
under paragraph (1) and evaluate the progress toward 
achieving them. The Secretary shall consider the results 
of such reviews in evaluating the plans submitted under 
paragraph (1). 
(f) AUDIT.—The Secretary shall retain an inde-
pendent, commercial auditor to perform an audit of the 
consortium to determine the extent to which the funds au-
thorized by this section have been expended in a manner 
consistent with the purposes of this section. The auditor 
shall transmit a report annually to the Secretary, who 
shall transmit the report to the Congress, along with a 
plan to remedy any deficiencies cited in the report. 
(g) SUNSET.—The Next Generation Lighting Initia-
tive shall terminate no later than September 30, 2013. 
(h) DEFINITIONS.—As used in this section: 
(1) ADVANCED
SOLID-STATE
LIGHTING.—The 
term ‘‘advanced solid-state lighting’’ means a 
semiconducting device package and delivery system 
that produces white light using externally applied 
voltage. 
(2) 
FUNDAMENTAL
RESEARCH.—The 
term 
‘‘fundamental research’’ includes basic research on
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both solid-state materials and manufacturing proc-
esses. 
(3) 
INORGANIC
WHITE
LIGHT
EMITTING 
DIODE.—The term ‘‘inorganic white light emitting 
diode’’ means an inorganic semiconducting package 
that produces white light using externally applied 
voltage. 
(4) ORGANIC WHITE LIGHT EMITTING DIODE.—
The term ‘‘organic white light emitting diode’’ 
means an organic semiconducting compound that 
produces white light using externally applied voltage. 
PART 3—BUILDINGS
SEC. 21121. NATIONAL BUILDING PERFORMANCE INITIA-
TIVE. 
(a) INTERAGENCY GROUP.—Not later than 3 months 
after the date of enactment of this Act, the Director of 
the Office of Science and Technology Policy shall establish 
an interagency group to develop, in coordination with the 
advisory committee established under subsection (e), a 
National Building Performance Initiative (in this section 
referred to as the ‘‘Initiative’’). The interagency group 
shall be cochaired by appropriate officials of the Depart-
ment and the Department of Commerce, who shall jointly 
arrange for the provision of necessary administrative sup-
port to the group.
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(b) INTEGRATION
OF
EFFORTS.—The Initiative, 
working with the National Institute of Building Sciences, 
shall integrate Federal, State, and voluntary private sector 
efforts to reduce the costs of construction, operation, 
maintenance, and renovation of commercial, industrial, in-
stitutional, and residential buildings. 
(c) PLAN.—Not later than 1 year after the date of 
enactment of this Act, the interagency group shall submit 
to Congress a plan for carrying out the appropriate Fed-
eral role in the Initiative. The plan shall be based on whole 
building principles and shall include—
(1) research, development, demonstration, and 
commercial application of systems and materials for 
new construction and retrofit relating to the building 
envelope and building system components; and 
(2) the collection, analysis, and dissemination of 
research results and other pertinent information on 
enhancing building performance to industry, govern-
ment entities, and the public. 
(d) DEPARTMENT OF ENERGY ROLE.—Within the 
Federal portion of the Initiative, the Department shall be 
the lead agency for all aspects of building performance re-
lated to use and conservation of energy. 
(e) ADVISORY COMMITTEE.—
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(1) ESTABLISHMENT.—The Director of the Of-
fice of Science and Technology Policy shall establish 
an advisory committee to—
(A) analyze and provide recommendations 
on potential private sector roles and participa-
tion in the Initiative; and 
(B) review and provide recommendations 
on the plan described in subsection (c). 
(2) MEMBERSHIP.—Membership of the advisory 
committee shall include representatives with a broad 
range of appropriate expertise, including expertise 
in—
(A) building research and technology; 
(B) architecture, engineering, and building 
materials and systems; and 
(C) the residential, commercial, and indus-
trial sectors of the construction industry. 
(f) CONSTRUCTION.—Nothing in this section provides 
any Federal agency with new authority to regulate build-
ing performance. 
SEC. 21122. ELECTRIC MOTOR CONTROL TECHNOLOGY. 
The Secretary shall conduct a research, development, 
demonstration, and commercial application program on 
advanced control devices to improve the energy efficiency
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of electric motors used in heating, ventilation, air condi-
tioning, and comparable systems. 
PART 4—VEHICLES 
SEC. 21131. DEFINITIONS. 
For purposes of this part, the term—
(1) ‘‘battery’’ means an energy storage device 
that previously has been used to provide motive 
power in a vehicle powered in whole or in part by 
electricity; and 
(2) ‘‘associated equipment’’ means equipment 
located where the batteries will be used that is nec-
essary to enable the use of the energy stored in the 
batteries. 
SEC. 21132. ESTABLISHMENT OF SECONDARY ELECTRIC VE-
HICLE BATTERY USE PROGRAM. 
(a) PROGRAM.—The Secretary shall establish and 
conduct a research, development, demonstration, and com-
mercial application program for the secondary use of bat-
teries. Such program shall be—
(1) designed to demonstrate the use of batteries 
in secondary application, including utility and com-
mercial power storage and power quality; 
(2) structured to evaluate the performance, in-
cluding useful service life and costs, of such bat-
teries in field operations, and evaluate the necessary
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supporting infrastructure, including reuse and dis-
posal of batteries; and 
(3) coordinated with ongoing secondary battery 
use programs at the National Laboratories and in 
industry. 
(b) SOLICITATION.—(1) Not later than 6 months 
after the date of the enactment of this Act, the Secretary 
shall solicit proposals to demonstrate the secondary use 
of batteries and associated equipment and supporting in-
frastructure in geographic locations throughout the 
United States. The Secretary may make additional solici-
tations for proposals if the Secretary determines that such 
solicitations are necessary to carry out this section. 
(2)(A) Proposals submitted in response to a solicita-
tion under this section shall include—
(i) a description of the project, including the 
batteries to be used in the project, the proposed lo-
cations and applications for the batteries, the num-
ber of batteries to be demonstrated, and the type, 
characteristics, and estimated life-cycle costs of the 
batteries compared to other energy storage devices 
currently used; 
(ii) the contribution, if any, of State or local 
governments and other persons to the demonstration 
project;
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(iii) the type of associated equipment and sup-
porting infrastructure to be demonstrated; and 
(iv) any other information the Secretary con-
siders appropriate. 
(B) If the proposal includes a lease arrangement, the 
proposal shall indicate the terms of such lease arrange-
ment for the batteries and associated equipment. 
(c) SELECTION OF PROPOSALS.—(1)(A) The Sec-
retary shall, not later than 3 months after the closing date 
established by the Secretary for receipt of proposals under 
subsection (b), select at least 5 proposals to receive finan-
cial assistance under this section. 
(B) No one project selected under this section shall 
receive more than 25 percent of the funds authorized 
under this section. No more than 3 projects selected under 
this section shall demonstrate the same battery type. 
(2) In selecting a proposal under this section, the 
Secretary shall consider—
(A) the ability of the proposer to acquire the 
batteries and associated equipment and to success-
fully manage and conduct the demonstration project, 
including satisfying the reporting requirements set 
forth in paragraph (3)(B); 
(B) the geographic and climatic diversity of the 
projects selected;
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(C) the long-term technical and competitive via-
bility of the batteries to be used in the project and 
of the original manufacturer of such batteries; 
(D) the suitability of the batteries for their in-
tended uses; 
(E) the technical performance of the batteries, 
including the expected additional useful life and the 
batteries’ ability to retain energy; 
(F) the environmental effects of the use of and 
disposal of the batteries proposed to be used in the 
project selected; 
(G) the extent of involvement of State or local 
government and other persons in the demonstration 
project and whether such involvement will—
(i) permit a reduction of the Federal cost 
share per project; or 
(ii) otherwise be used to allow the Federal 
contribution to be provided to demonstrate a 
greater number of batteries; and 
(H) such other criteria as the Secretary con-
siders appropriate. 
(3) CONDITIONS.—The Secretary shall require that—
(A) as a part of a demonstration project, the 
users of the batteries provide to the proposer infor-
mation regarding the operation, maintenance, per-
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formance, and use of the batteries, and the proposer 
provide such information to the battery manufac-
turer, for 3 years after the beginning of the dem-
onstration project;
(B) the proposer provide to the Secretary such 
information regarding the operation, maintenance, 
performance, and use of the batteries as the Sec-
retary may request; 
(C) the proposer provide to the Secretary such 
information regarding the disposal of the batteries 
as the Secretary may require to ensure that the pro-
poser disposes of the batteries in accordance with 
applicable law; and 
(D) the proposer provide at least 50 percent of 
the costs associated with the proposal. 
PART 5—ENERGY EFFICIENCY SCIENCE 
INITIATIVE 
SEC. 21141. ENERGY EFFICIENCY SCIENCE INITIATIVE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
an Energy Efficiency Science Initiative to be managed by 
the Assistant Secretary in the Department with responsi-
bility for energy conservation under section 203(a)(9) of 
the Department of Energy Organization Act (42 U.S.C. 
7133(a)(9)), in consultation with the Director of the Of-
fice of Science, for grants to be competitively awarded and
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subject to peer review for research relating to energy effi-
ciency. 
(b) REPORT.—The Secretary shall submit to the Con-
gress, along with the President’s annual budget request 
under section 1105(a) of title 31, United States Code, a 
report on the activities of the Energy Efficiency Science 
Initiative, including a description of the process used to 
award the funds and an explanation of how the research 
relates to energy efficiency. 
PART 6—ADVANCED ENERGY TECHNOLOGY 
TRANSFER CENTERS 
SEC. 21151. ADVANCED ENERGY TECHNOLOGY TRANSFER 
CENTERS. 
(a) GRANTS.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary shall 
make grants to nonprofit institutions, State and local gov-
ernments, or universities (or consortia thereof), to estab-
lish a geographically dispersed network of Advanced En-
ergy Technology Transfer Centers, to be located in areas 
the Secretary determines have the greatest need of the 
services of such Centers. 
(b) ACTIVITIES.—(1) Each Center shall operate a 
program to encourage demonstration and commercial ap-
plication of advanced energy methods and technologies 
through education and outreach to building and industrial
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professionals, and to other individuals and organizations 
with an interest in efficient energy use. 
(2) Each Center shall establish an advisory panel to 
advise the Center on how best to accomplish the activities 
under paragraph (1). 
(c) APPLICATION.—A person seeking a grant under 
this section shall submit to the Secretary an application 
in such form and containing such information as the Sec-
retary may require. The Secretary may award a grant 
under this section to an entity already in existence if the 
entity is otherwise eligible under this section. 
(d) SELECTION
CRITERIA.—The Secretary shall 
award grants under this section on the basis of the fol-
lowing criteria, at a minimum: 
(1) The ability of the applicant to carry out the 
activities in subsection (b). 
(2) The extent to which the applicant will co-
ordinate the activities of the Center with other enti-
ties, such as State and local governments, utilities, 
and educational and research institutions. 
(e) MATCHING FUNDS.—The Secretary shall require 
a non-Federal matching requirement of at least 50 percent 
of the costs of establishing and operating each Center. 
(f) ADVISORY COMMITTEE.—The Secretary shall es-
tablish an advisory committee to advise the Secretary on
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the establishment of Centers under this section. The advi-
sory committee shall be composed of individuals with ex-
pertise in the area of advanced energy methods and tech-
nologies, including at least 1 representative from—
(1) State or local energy offices; 
(2) energy professionals; 
(3) trade or professional associations; 
(4) architects, engineers, or construction profes-
sionals; 
(5) manufacturers; 
(6) the research community; and 
(7) nonprofit energy or environmental organiza-
tions. 
(g) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘advanced energy methods and 
technologies’’ means all methods and technologies 
that promote energy efficiency and conservation, in-
cluding distributed generation technologies, and life-
cycle analysis of energy use; 
(2) the term ‘‘Center’’ means an Advanced En-
ergy Technology Transfer Center established pursu-
ant to this section; and 
(3) the term ‘‘distributed generation’’ means an 
electric power generation facility that is designed to
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serve retail electric consumers at or near the facility 
site. 
Subtitle B—Distributed Energy and 
Electric Energy Systems 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 21201. DISTRIBUTED ENERGY AND ELECTRIC ENERGY 
SYSTEMS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for distributed 
energy and electric energy systems activities, including ac-
tivities authorized under this subtitle: 
(1) For fiscal year 2004, $190,000,000. 
(2) For fiscal year 2005, $200,000,000. 
(3) For fiscal year 2006, $220,000,000. 
(4) For fiscal year 2007, $240,000,000. 
(b) 
MICRO-COGENERATION
ENERGY
TECH-
NOLOGY.—From amounts authorized under subsection 
(a), the following sums shall be available for activities 
under section 21213: 
(1) For fiscal year 2004, $5,000,000. 
(2) For fiscal year 2005, $5,500,000. 
(3) For fiscal year 2006, $6,000,000. 
(4) For fiscal year 2007, $6,500,000.
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PART 2—DISTRIBUTED POWER
SEC. 21211. STRATEGY. 
(a) REQUIREMENT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall develop 
and transmit to the Congress a strategy for a comprehen-
sive research, development, demonstration, and commer-
cial application program to develop hybrid distributed 
power systems that combine—
(1) one or more renewable electric power gen-
eration technologies of 10 megawatts or less located 
near the site of electric energy use; and 
(2) nonintermittent electric power generation 
technologies suitable for use in a distributed power 
system. 
(b) CONTENTS.—The strategy shall—
(1) identify the needs best met with such hybrid 
distributed power systems and the technological bar-
riers to the use of such systems; 
(2) provide for the development of methods to 
design, test, integrate into systems, and operate 
such hybrid distributed power systems; 
(3) include, as appropriate, research, develop-
ment, demonstration, and commercial application on 
related technologies needed for the adoption of such 
hybrid distributed power systems, including energy
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storage devices and environmental control tech-
nologies; 
(4) include research, development, demonstra-
tion, and commercial application of interconnection 
technologies for communications and controls of dis-
tributed generation architectures, particularly tech-
nologies promoting real-time response to power mar-
ket information and physical conditions on the elec-
trical grid; and 
(5) describe how activities under the strategy 
will be integrated with other research, development, 
demonstration, and commercial application activities 
supported by the Department of Energy related to 
electric power technologies. 
SEC. 21212. HIGH POWER DENSITY INDUSTRY PROGRAM. 
The Secretary shall establish a comprehensive re-
search, development, demonstration, and commercial ap-
plication program to improve energy efficiency of high 
power density facilities, including data centers, server 
farms, and telecommunications facilities. Such program 
shall consider technologies that provide significant im-
provement in thermal controls, metering, load manage-
ment, peak load reduction, or the efficient cooling of elec-
tronics.
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SEC. 21213. MICRO-COGENERATION ENERGY TECHNOLOGY. 
The Secretary shall make competitive, merit-based 
grants to consortia for the development of micro-cogenera-
tion energy technology. The consortia shall explore the use 
of small-scale combined heat and power in residential 
heating appliances. 
PART 3—TRANSMISSION SYSTEMS
SEC. 21221. TRANSMISSION INFRASTRUCTURE SYSTEMS RE-
SEARCH, DEVELOPMENT, DEMONSTRATION, 
AND COMMERCIAL APPLICATION. 
(a) PROGRAM AUTHORIZED.—The Secretary shall de-
velop and implement a comprehensive research, develop-
ment, demonstration, and commercial application program 
to promote improved reliability and efficiency of electrical 
transmission systems. Such program may include—
(1) advanced energy technologies, materials, 
and systems; 
(2) advanced grid reliability and efficiency tech-
nology development; 
(3) technologies contributing to significant load 
reductions; 
(4) advanced metering, load management, and 
control technologies; 
(5) technologies to enhance existing grid compo-
nents;
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(6) the development and use of high-tempera-
ture superconductors to—
(A) enhance the reliability, operational 
flexibility, or power-carrying capability of elec-
tric transmission or distribution systems; or 
(B) increase the efficiency of electric en-
ergy generation, transmission, distribution, or 
storage systems; 
(7) integration of power systems, including sys-
tems to deliver high-quality electric power, electric 
power reliability, and combined heat and power; 
(8) any other infrastructure technologies, as ap-
propriate; and 
(9) technology transfer and education. 
(b) PROGRAM PLAN.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary, in con-
sultation with other appropriate Federal agencies, shall 
prepare and transmit to Congress a 5-year program plan 
to guide activities under this section. In preparing the pro-
gram plan, the Secretary shall consult with utilities, en-
ergy services providers, manufacturers, institutions of 
higher education, other appropriate State and local agen-
cies, environmental organizations, professional and tech-
nical societies, and any other persons the Secretary con-
siders appropriate.
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(c) REPORT.—Not later than 2 years after the trans-
mittal of the plan under subsection (b), the Secretary shall 
transmit a report to Congress describing the progress 
made under this section and identifying any additional re-
sources needed to continue the development and commer-
cial application of transmission infrastructure tech-
nologies. 
Subtitle C—Renewable Energy 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 21301. RENEWABLE ENERGY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for renewable en-
ergy research, development, demonstration, and commer-
cial application activities, including activities authorized 
under this subtitle: 
(1) For fiscal year 2004, $380,000,000. 
(2) For fiscal year 2005, $420,000,000. 
(3) For fiscal year 2006, $460,000,000. 
(4) For fiscal year 2007, $499,000,000. 
(b) BIOENERGY.—From the amounts authorized 
under subsection (a), the following sums are authorized 
to be appropriated to carry out section 21311 and section 
21706: 
(1) For fiscal year 2004, $135,425,000. 
(2) For fiscal year 2005, $155,600,000.
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(3) For fiscal year 2006, $167,650,000. 
(4) For fiscal year 2007, $180,000,000. 
(c) PUBLIC BUILDINGS.—From the amounts author-
ized under subsection (a), $30,000,000 for each of the fis-
cal years 2004 through 2007 are authorized to be appro-
priated to carry out section 21322. 
(d) LIMITS ON USE OF FUNDS.—
(1) EXCLUSION.—None of the funds authorized 
to be appropriated under this section may be used 
for Renewable Support and Implementation. 
(2) BIOENERGY.—Of the funds authorized 
under subsection (b), not less than $5,000,000 for 
each fiscal year shall be made available for grants to 
Historically Black Colleges and Universities, Tribal 
Colleges, and Hispanic-Serving Institutions. 
(3) RURAL AND REMOTE LOCATIONS.—In car-
rying out this section, the Secretary, in consultation 
with the Secretary of Agriculture, shall demonstrate 
the use of advanced wind power technology, biomass, 
geothermal energy systems, and other renewable en-
ergy technologies to assist in delivering electricity to 
rural and remote locations. 
(4) REGIONAL
FIELD
VERIFICATION.—Of the 
funds authorized under subsection (a), not less than 
$4,000,000 for each fiscal year shall be made avail-
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able for the Regional Field Verification Program of 
the Department. 
(5) 
HYDROPOWER
DEMONSTRATION 
PROJECTS.—Of the funds authorized under sub-
section (a), such sums as may be necessary shall be 
made available for demonstration projects of off-
stream pumped storage hydropower. 
PART 2—BIOENERGY 
SEC. 21311. BIOENERGY PROGRAMS. 
The Secretary shall conduct a program of research, 
development, demonstration, and commercial application 
for bioenergy, including—
(1) biopower energy systems; 
(2) biofuels; 
(3) integrated applications of both biopower and 
biofuels; 
(4) cross-cutting research and development in 
feedstocks; and 
(5) economic analysis. 
PART 3—MISCELLANEOUS PROJECTS 
SEC. 21321. MISCELLANEOUS PROJECTS. 
(a) PROGRAMS.—The Secretary shall conduct re-
search, development, demonstration, and commercial ap-
plication programs for—
(1) ocean energy, including wave energy;
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(2) the combined use of renewable energy tech-
nologies with one another and with other energy 
technologies, including the combined use of wind 
power and coal gasification technologies; and 
(3) hydrogen carrier fuels. 
(b) STUDY.—(1) The Secretary shall enter into an 
arrangement with the National Academy of Sciences to 
conduct a study on—
(A) the feasibility of various methods of renew-
able generation of energy from the ocean, including 
energy from waves, tides, currents, and thermal gra-
dients; and 
(B) the research, development, demonstration, 
and commercial application activities required to 
make marine renewable energy generation competi-
tive with other forms of electricity generation. 
(2) Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall transmit the study 
to the Congress along with the Secretary’s recommenda-
tions for implementing the results of the study. 
SEC. 21322. RENEWABLE ENERGY IN PUBLIC BUILDINGS. 
(a) DEMONSTRATION AND TECHNOLOGY TRANSFER 
PROGRAM.—The Secretary shall establish a program for 
the demonstration of innovative technologies for solar and 
other renewable energy sources in buildings owned or op-
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(2) a statistical report on complaints and their 
disposition in the laboratories; 
(3) a description of how equal employment op-
portunity practices at the laboratories are treated in 
the contract and in calculating award fees for each 
contractor; 
(4) a summary of disciplinary actions and their 
disposition by either the Department or the relevant 
contractors for each laboratory; 
(5) a summary of outreach efforts to attract 
women and minorities to the laboratories; 
(6) a summary of efforts to retain women and 
minorities in the laboratories; and 
(7) a summary of collaboration efforts with the 
Office of Federal Contract Compliance Programs to 
improve equal employment opportunity practices at 
the laboratories. 
SEC. 22004. SENSE OF CONGRESS. 
It is the sense of the Congress that—
(1) the Secretary of Energy should develop and 
implement more stringent procurement and inven-
tory controls, including controls on the purchase 
card program, to prevent waste, fraud, and abuse of 
taxpayer funds by employees and contractors of the 
Department of Energy; and