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and tools under this subsection that include software
to assist designers in selecting alternate building ma-
terials, performance data on materials, artificial in-
telligence-aided design procedures for building sub-
systems and ‘smart buildings’, and improved test
methods and rating procedures for evaluating the en-
ergy performance of residential and commercial ap-
pliances and products.
‘‘(d) NATIONAL VOLUNTARY LABORATORY ACCREDITA-
TION PROGRAM.—The Director shall utilize the National
Voluntary Laboratory Accreditation Program under this
section to establish a program to include specific calibration
or test standards and related methods and protocols assem-
bled to satisfy the unique needs for accreditation in meas-
uring the production of greenhouse gases. In carrying out
this subsection the Director may cooperate with other de-
partments and agencies of the Federal Government, State
and local governments, and private organizations.’’.
SEC. 1364. TECHNOLOGY DEVELOPMENT AND DIFFUSION.
The Director of the National Institute of Standards and
Technology, through the Manufacturing Extension Partner-
ship Program, may develop a program to support the im-
plementation of new ‘‘green’’ manufacturing technologies
and techniques by the more than 380,000 small manufac-
turers.
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SEC. 1365. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director
to carry out functions pursuant to sections 1345, 1351, and
1361 through 1363, $10,000,000 for fiscal years 2002
through 2006.
Subtitle F—Climate Adaptation
and Hazards Prevention
PART I—ASSESSMENT AND ADAPTATION
SEC. 1371. REGIONAL CLIMATE ASSESSMENT AND ADAPTA-
TION PROGRAM.
(a) IN GENERAL.—The President shall establish with-
in the Department of Commerce a National Climate Change
Vulnerability and Adaptation Program for regional im-
pacts related to increasing concentrations of greenhouse
gases in the atmosphere and climate variability.
(b) COORDINATION.—In designing such program the
Secretary shall consult with the Federal Emergency Man-
agement Agency, the Environmental Protection Agency, the
Army Corps of Engineers, the Department of Transpor-
tation, and other appropriate Federal, State, and local gov-
ernment entities.
(c) VULNERABILITY
ASSESSMENTS.—The program
shall—
(1) evaluate, based on predictions and other in-
formation developed under this Act and the National
Climate Program Act (15 U.S.C. 2901 et seq.), re-
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gional vulnerability to phenomena associated with
climate change and climate variability, including—
(A) increases in severe weather events;
(B) sea level rise and shifts in the
hydrological cycle;
(C) natural hazards, including tsunami,
drought, flood and fire; and
(D) alteration of ecological communities, in-
cluding at the ecosystem or watershed levels; and
(2) build upon predictions and other information
developed in the National Assessments prepared under
the Global Change Research Act of 1990 (15 U.S.C.
2921 et seq.).
(d) PREPAREDNESS RECOMMENDATIONS.—The pro-
gram shall submit a report to Congress within 2 years after
the date of enactment of this Act that identifies and rec-
ommends implementation and funding strategies for short-
and long-term actions that may be taken at the national,
regional, State, and local level—
(1) to reduce vulnerability of human life and
property;
(2) to improve resilience to hazards;
(3) to minimize economic impacts; and
(4) to reduce threats to critical biological and ec-
ological processes.
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(e) INFORMATION AND TECHNOLOGY.—The Secretary
shall make available appropriate information and other
technologies and products that will assist national, re-
gional, State, and local efforts, as well as efforts by other
end-users, to reduce loss of life and property, and coordinate
dissemination of such technologies and products.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Commerce
$4,500,000 to implement the requirements of this section.
SEC. 1372. COASTAL VULNERABILITY AND ADAPTATION.
(a) COASTAL VULNERABILITY.—Within 2 years after
the date of enactment of this Act, the Secretary shall, in
consultation with the appropriate Federal, State, and local
governmental entities, conduct regional assessments of the
vulnerability of coastal areas to hazards associated with cli-
mate change, climate variability, sea level rise, and fluctua-
tion of Great Lakes water levels. The Secretary may also
establish, as warranted, longer term regional assessment
programs. The Secretary may also consult with the govern-
ments of Canada and Mexico as appropriate in developing
such regional assessments. In preparing the regional assess-
ments, the Secretary shall collect and compile current infor-
mation on climate change, sea level rise, natural hazards,
and coastal erosion and mapping, and specifically address
impacts on Arctic regions and the Central, Western, and
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South Pacific regions. The regional assessments shall in-
clude an evaluation of—
(1) social impacts associated with threats to and
potential losses of housing, communities, and infra-
structure;
(2) physical impacts such as coastal erosion,
flooding and loss of estuarine habitat, saltwater in-
trusion of aquifers and saltwater encroachment, and
species migration; and
(3) economic impact on local, State, and re-
gional economies, including the impact on abundance
or distribution of economically important living ma-
rine resources.
(b) COASTAL ADAPTATION PLAN.—The Secretary shall,
within 3 years after the date of enactment of this Act, sub-
mit to the Congress a national coastal adaptation plan,
composed of individual regional adaptation plans that rec-
ommend targets and strategies to address coastal impacts
associated with climate change, sea level rise, or climate
variability. The plan shall be developed with the participa-
tion of other Federal, State, and local government agencies
that will be critical in the implementation of the plan at
the State and local levels. The regional plans that will make
up the national coastal adaptation plan shall be based on
the information contained in the regional assessments and
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shall identify special needs associated with Arctic areas and
the Central, Western, and South Pacific regions. The Plan
shall recommend both short- and long-term adaptation
strategies and shall include recommendations regarding—
(1) Federal flood insurance program modifica-
tions;
(2) areas that have been identified as high risk
through mapping and assessment;
(3) mitigation incentives such as rolling ease-
ments, strategic retreat, State or Federal acquisition
in fee simple or other interest in land, construction
standards, and zoning;
(4) land and property owner education;
(5) economic planning for small communities de-
pendent upon affected coastal resources, including
fisheries; and
(6) funding requirements and mechanisms.
(c) TECHNICAL PLANNING ASSISTANCE.—The Sec-
retary, through the National Ocean Service, shall establish
a coordinated program to provide technical planning assist-
ance and products to coastal States and local governments
as they develop and implement adaptation or mitigation
strategies and plans. Products, information, tools and tech-
nical expertise generated from the development of the re-
gional assessments and the regional adaptation plans will
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be made available to coastal States for the purposes of devel-
oping their own State and local plans.
(d) COASTAL ADAPTATION GRANTS.—The Secretary
shall provide grants of financial assistance to coastal States
with federally approved coastal zone management programs
to develop and begin implementing coastal adaptation pro-
grams if the State provides a Federal-to-State match of 4
to 1 in the first fiscal year, 2.3 to 1 in the second fiscal
year, 2 to 1 in the third fiscal year, and 1 to 1 thereafter.
Distribution of these funds to coastal States shall be based
upon the formula established under section 306(c) of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)),
adjusted in consultation with the States as necessary to pro-
vide assistance to particularly vulnerable coastlines.
(e) COASTAL RESPONSE PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish
a 4-year pilot program to provide financial assistance
to coastal communities most adversely affected by the
impact of climate change or climate variability that
are located in States with federally approved coastal
zone management programs.
(2) ELIGIBLE PROJECTS.—A project is eligible
for financial assistance under the pilot program if
it—
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(A) will restore or strengthen coastal re-
sources, facilities, or infrastructure that have
been damaged by such an impact, as determined
by the Secretary;
(B) meets the requirements of the Coastal
Zone Management Act (16 U.S.C. 1451 et seq.)
and is consistent with the coastal zone manage-
ment plan of the State in which it is located;
and
(C) will not cost more than $100,000.
(3) FUNDING
SHARE.—The Federal funding
share of any project under this subsection may not ex-
ceed 75 percent of the total cost of the project. In the
administration of this paragraph—
(A) the Secretary may take into account in-
kind contributions and other noncash support of
any project to determine the Federal funding
share for that project; and
(B) the Secretary may waive the require-
ments of this paragraph for a project in a com-
munity if—
(i) the Secretary determines that the
project is important; and
(ii) the economy and available re-
sources of the community in which the
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project is to be conducted are insufficient to
meet the non-Federal share of the project’s
costs.
(f) DEFINITIONS.—Any term used in this section that
is defined in section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453) has the meaning given it by
that section.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $3,000,000 annually for re-
gional assessments under subsection (a), and $3,000,000 an-
nually for coastal adaptation grants under subsection (d).
SEC. 1373. ARCTIC RESEARCH CENTER.
(a) ESTABLISHMENT.—The Secretary of Commerce, in
consultation with the Secretaries of Energy and the Inte-
rior, the Director of the National Science Foundation, and
the Administrator of the Environmental Protection Agency,
shall establish a joint research facility, to be known as the
Barrow Arctic Research Center, to support climate change
and other scientific research activities in the Arctic.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretaries of Com-
merce, Energy, and the Interior, the Director of the Na-
tional Science Foundation, and the Administrator of the
Environmental Protection Agency, $35,000,000 for the
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planning, design, construction, and support of the Barrow
Arctic Research Center.
PART II—FORECASTING AND PLANNING
PILOT PROGRAMS
SEC. 1381. REMOTE SENSING PILOT PROJECTS.
(a) IN GENERAL.—The Administrator of the National
Aeronautics and Space Administration may establish,
through the National Oceanic and Atmospheric Adminis-
tration’s Coastal Services Center, a program of grants for
competitively awarded pilot projects to explore the inte-
grated use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal
agency needs to forecast a plan for adaptation to coastal
zone and land use changes that may result as a consequence
of global climate change or climate variability.
(b) PREFERRED
PROJECTS.—In awarding grants
under this section, the Center shall give preference to
projects that—
(1) focus on areas that are most sensitive to the
consequences of global climate change or climate vari-
ability;
(2) make use of existing public or commercial
data sets;
(3) integrate multiple sources of geospatial infor-
mation, such as geographic information system data,
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satellite-provided positioning data, and remotely
sensed data, in innovative ways;
(4) offer diverse, innovative approaches that may
serve as models for establishing a future coordinated
framework for planning strategies for adaptation to
coastal zone and land use changes related to global
climate change or climate variability;
(5) include funds or in-kind contributions from
non-Federal sources;
(6) involve the participation of commercial enti-
ties that process raw or lightly processed data, often
merging that data with other geospatial information,
to create data products that have significant value
added to the original data; and
(7) taken together demonstrate as diverse a set of
public sector applications as possible.
(c) OPPORTUNITIES.—In carrying out this section, the
Center shall seek opportunities to assist—
(1) in the development of commercial applica-
tions potentially available from the remote sensing in-
dustry; and
(2) State, local, regional, and tribal agencies in
applying remote sensing and other geospatial infor-
mation technologies for management and adaptation
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to coastal and land use consequences of global climate
change or climate variability.
(d) DURATION.—Assistance for a pilot project under
subsection (a) shall be provided for a period of not more
than 3 years.
(e) RESPONSIBILITIES
OF GRANTEES.—Within 180
days after completion of a grant project, each recipient of
a grant under subsection (a) shall transmit a report to the
Center on the results of the pilot project and conduct at
least one workshop for potential users to disseminate the
lessons learned from the pilot project as widely as feasible.
(f) REGULATIONS.—The Center shall issue regulations
establishing application, selection, and implementation
procedures for pilot projects, and guidelines for reports and
workshops required by this section.
SEC. 1382. DATABASE ESTABLISHMENT.
The Center shall establish and maintain an electronic,
Internet-accessible database of the results of each pilot
project completed under section 1381.
SEC. 1383. AIR QUALITY RESEARCH, FORECASTS AND WARN-
INGS.
(a) REGIONAL STUDIES.—The Secretary of Commerce,
through the Administrator of the National Oceanographic
and Atmospheric Administration, shall, in order of priority
as listed in section (c), conduct regional studies of the air
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quality within specific regions of the United States. Such
studies should assess the effects of in situ emissions of air
pollutants and their precursors, transport of such emissions
and precursors from outside the region, and production of
air pollutants within the region via chemical reactions.
(b) FORECASTS AND WARNINGS.—The Secretary of
Commerce, through the Administrator of the National
Oceanographic and Atmospheric Administration, shall, in
order of priority as listed in section (c), establish a program
to provide operational air quality forecasts and warnings
for specific regions of the United States.
(c) DEFINITION.—For the purposes of this section, the
term ‘‘specific regions of the United States’’ means the fol-
lowing geographical areas:
(1) the Northeast, composed of Main, New
Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania,
Maryland, Delaware, the District of Columbia, and
West Virginia;
(2) the Southeast, composed of Virginia, North
Carolina, South Carolina, Georgia, Alabama, and
Florida;
(3) the Midwest, composed of Minnesota, Wis-
consin, Iowa, Missouri, Illinois, Kentucky, Indiana,
Ohio, and Michigan;
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(4) the South, composed of Tennessee, Mis-
sissippi, Louisiana, Arkansas, Oklahoma, and Texas;
(5) the High Plains, composed of North Dakota,
South Dakota, Nebraska, and Kansas;
(6) the Northwest, composed of Washington, Or-
egon, Idaho, Montana, and Wyoming;
(7) the Southwest, composed of California, Ne-
vada, Utah, Colorado, Arizona, and New Mexico;
(8) Alaska; and
(9) Hawaii.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Commerce
$3,000,000 for each of fiscal years 2003 through 2006 for
studies pursuant to subsection (b) of this section, and
$5,000,000 for fiscal year 2003 and such sums as may be
necessary for subsequent fiscal years for the forecast and
warning program pursuant to subsection (c) of this section.
SEC. 1384. DEFINITIONS.
In this subtitle:
(1) CENTER.—The term ‘‘Center’’ means the
Coastal Services Center of the National Oceanic and
Atmospheric Administration.
(2) 
GEOSPATIAL
INFORMATION.—The 
term
‘‘geospatial information’’ means knowledge of the na-
ture and distribution of physical and cultural fea-
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tures on the landscape based on analysis of data from
airborne or spaceborne platforms or other types and
sources of data.
(3) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the mean-
ing given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 1385. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Admin-
istrator to carry out the provisions of this subtitle—
(1) $17,500,000 for fiscal year 2003;
(2) $20,000,000 for fiscal year 2004;
(3) $22,500,000 for fiscal year 2005; and
(4) $25,000,000 for fiscal year 2006.
TITLE 
XIV—MANAGEMENT 
OF
DOE 
SCIENCE 
AND 
TECH-
NOLOGY PROGRAMS
SEC. 1401. DEFINITIONS.
In this title:
(1) APPLICABILITY OF DEFINITIONS.—The defi-
nitions in section 1203 shall apply.
(2) SINGLE-PURPOSE RESEARCH FACILITY.—The
term ‘‘single-purpose research facility’’ means any of
the following primarily single purpose entities owned
by the Department of Energy—
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(A) Ames Laboratory;
(B) East Tennessee Technology Park;
(C) Environmental Measurement Labora-
tory;
(D) Fernald Environmental Management
Project;
(E) Fermi National Accelerator Laboratory;
(F) Kansas City Plant;
(G) Nevada Test Site;
(H) New Brunswick Laboratory;
(I) Pantex Weapons Facility;
(J) Princeton Plasma Physics Laboratory;
(K) Savannah River Technology Center;
(L) Stanford Linear Accelerator Center;
(M) Thomas Jefferson National Accelerator
Facility;
(N) Y–12 facility at Oak Ridge National
Laboratory;
(O) Waste Isolation Pilot Plant; or
(P) other similar organization of the De-
partment designated by the Secretary that en-
gages in technology transfer, partnering, or li-
censing activities.
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(c) CALCULATION
OF AMOUNT.—In calculating the
amount of the non-Federal commitment under subsection
(a) or (b), the Secretary shall include cash, personnel, serv-
ices, equipment, and other resources.
SEC. 1404. MERIT REVIEW OF PROPOSALS.
Awards of funds authorized under title XII, subtitle
A of title XIII, and title XV shall be made only after an
independent review of the scientific and technical merit of
the proposals for such awards has been made by the Depart-
ment of Energy.
SEC. 1405. EXTERNAL TECHNICAL REVIEW OF DEPART-
MENTAL PROGRAMS.
(a) NATIONAL ENERGY RESEARCH AND DEVELOPMENT
ADVISORY BOARDS.—(1) The Secretary shall establish an
advisory board to oversee Department research and develop-
ment programs in each of the following areas—
(A) energy efficiency;
(B) renewable energy;
(C) fossil energy;
(D) nuclear energy; and
(E) climate change technology, with emphasis on
integration, collaboration, and other special features
of the cross-cutting technologies supported by the Of-
fice of Climate Change Technology.
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(2) The Secretary may designate an existing advisory
board within the Department to fulfill the responsibilities
of an advisory board under this subsection, or may enter
into appropriate arrangements with the National Academy
of Sciences to establish such an advisory board.
(b) UTILIZATION
OF EXISTING COMMITTEES.—The
Secretary of Energy shall continue to use the scientific pro-
gram advisory committees chartered under the Federal Ad-
visory Committee Act by the Office of Science to oversee re-
search and development programs under that Office.
(c) MEMBERSHIP.—Each advisory board under this
section shall consist of experts drawn from industry, aca-
demia, Federal laboratories, research institutions, or State,
local, or tribal governments, as appropriate.
(d) MEETINGS AND PURPOSES.—Each advisory board
under this section shall meet at least semi-annually to re-
view and advise on the progress made by the respective re-
search, development, demonstration, and technology deploy-
ment program. The advisory board shall also review the
adequacy and relevance of the goals established for each pro-
gram by Congress and the President, and may otherwise
advise on promising future directions in research and devel-
opment that should be considered by each program.
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SEC. 1406. IMPROVED COORDINATION AND MANAGEMENT
OF CIVILIAN SCIENCE AND TECHNOLOGY
PROGRAMS.
(a) EFFECTIVE TOP-LEVEL COORDINATION OF RE-
SEARCH AND DEVELOPMENT PROGRAMS.—Section 202(b)
of the Department of Energy Organization Act (42 U.S.C.
7132(b)) is amended to read as follows:
‘‘(b)(1) There shall be in the Department an Under
Secretary for Energy and Science, who shall be appointed
by the President, by and with the advice and consent of
the Senate. The Under Secretary shall be compensated at
the rate provided for at level III of the Executive Schedule
under section 5314 of title 5, United States Code.
‘‘(2) The Under Secretary for Energy and Science
shall be appointed from among persons who—
‘‘(A) have extensive background in scientific or
engineering fields; and
‘‘(B) are well qualified to manage the civilian
research and development programs of the Depart-
ment of Energy.
‘‘(3) The Under Secretary for Energy and Science
shall—
‘‘(A) serve as the Science and Technology Advi-
sor to the Secretary;
‘‘(B) monitor the Department’s research and de-
velopment programs in order to advise the Secretary
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with respect to any undesirable duplication or gaps
in such programs;
‘‘(C) advise the Secretary with respect to the
well-being and management of the multipurpose lab-
oratories under the jurisdiction of the Department;
‘‘(D) advise the Secretary with respect to edu-
cation and training activities required for effective
short- and long-term basic and applied research ac-
tivities of the Department;
‘‘(E) advise the Secretary with respect to grants
and other forms of financial assistance required for
effective short- and long-term basic and applied re-
search activities of the Department; and
‘‘(F) exercise authority and responsibility over
Assistant Secretaries carrying out energy research
and development and energy technology functions
under sections 203 and 209, as well as other elements
of the Department assigned by the Secretary.’’.
(b) RECONFIGURATION OF POSITION OF DIRECTOR OF
THE OFFICE OF SCIENCE.—Section 209 of the Department
of Energy Organization Act (41 U.S.C. 7139) is amended
to read as follows:
‘‘(a) There shall be within the Department an Office
of Science, to be headed by an Assistant Secretary of
Science, who shall be appointed by the President, by and
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with the advice and consent of the Senate, and who shall
be compensated at the rate provided for level IV of the Exec-
utive Schedule under section 5315 of title 5, United States
Code.
‘‘(b) The Assistant Secretary of Science shall be in ad-
dition to the Assistant Secretaries provided for under sec-
tion 203 of this Act.
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary of Science to carry out the fundamental
science and engineering research functions of the Depart-
ment, including the responsibility for policy and manage-
ment of such research, as well as other functions vested in
the Secretary which he may assign to the Assistant Sec-
retary.’’.
(c) ADDITIONAL ASSISTANT SECRETARY POSITION TO
ENABLE IMPROVED MANAGEMENT OF NUCLEAR ENERGY
ISSUES.—
(1) Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended by
striking ‘‘There shall be in the Department six Assist-
ant Secretaries’’ and inserting ‘‘Except as provided
in section 209, there shall be in the Department seven
Assistant Secretaries’’.
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(2) It is the sense of the Senate that the leader-
ship for departmental missions in nuclear energy
should be at the Assistant Secretary level.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 202 of the Department of Energy Or-
ganization Act (42 U.S.C. 7132) is further amended
by adding the following at the end:
‘‘(d) There shall be in the Department an Under Sec-
retary, who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall
perform such functions and duties as the Secretary shall
prescribe, consistent with this section. The Under Secretary
shall be compensated at the rate provided for level III of
the Executive Schedule under section 5314 of title 5, United
States Code.
‘‘(e) There shall be in the Department a General Coun-
sel, who shall be appointed by the President, by and with
the advice and consent of the Senate. The General Counsel
shall be compensated at the rate provided for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.’’.
(2) Section 5314 of title 5, United States Code,
is amended by striking ‘‘Under Secretaries of Energy
(2)’’ and inserting ‘‘Under Secretaries of Energy (3)’’.
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(3) Section 5315 of title 5, United States Code,
is amended by—
(A) striking ‘‘Director, Office of Science,
Department of Energy.’’; and
(B) striking ‘‘Assistant Secretaries of En-
ergy (6)’’ and inserting ‘‘Assistant Secretaries of
Energy (8)’’.
(4) The table of contents for the Department of
Energy Organization Act (42 U.S.C. 7101 note) is
amended—
(A) by striking ‘‘Section 209’’ and inserting
‘‘Sec. 209’’;
(B) by striking ‘‘213.’’ and inserting ‘‘Sec.
213.’’;
(C) by striking ‘‘214.’’ and inserting ‘‘Sec.
214.’’;
(D) by striking ‘‘215.’’ and inserting ‘‘Sec.
215.’’; and
(E) by striking ‘‘216.’’ and inserting ‘‘Sec.
216.’’.
SEC. 1407. IMPROVED COORDINATION OF TECHNOLOGY
TRANSFER ACTIVITIES.
(a) TECHNOLOGY
TRANSFER
COORDINATOR.—The
Secretary shall appoint a Technology Transfer Coordinator
to perform oversight of and policy development for tech-
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nology transfer activities at the Department. The Tech-
nology Transfer Coordinator shall coordinate the activities
of the Technology Partnerships Working Group, and shall
oversee the expenditure of funds allocated to the Technology
Partnership Working Group.
(b) TECHNOLOGY PARTNERSHIP WORKING GROUP.—
The Secretary shall establish a Technology Partnership
Working Group, which shall consist of representatives of the
National Laboratories and single-purpose research facili-
ties, to—
(1) coordinate technology transfer activities oc-
curring at National Laboratories and single-purpose
research facilities;
(2) exchange information about technology trans-
fer practices; and
(3) develop and disseminate to the public and
prospective technology partners information about op-
portunities and procedures for technology transfer
with the Department.
SEC. 1408. TECHNOLOGY INFRASTRUCTURE PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
Technology Infrastructure Program in accordance with this
section.
(b) PURPOSE.—The purpose of the Technology Infra-
structure Program shall be to improve the ability of Na-
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tional Laboratories or single-purpose research facilities to
support departmental missions by—
(1) stimulating the development of technology
clusters that can support departmental missions at
the National Laboratories or single-purpose research
facilities;
(2) improving the ability of National Labora-
tories or single-purpose research facilities to leverage
and benefit from commercial research, technology,
products, processes, and services; and
(3) encouraging the exchange of scientific and
technological expertise between National Laboratories
or single-purpose research facilities and—
(A) institutions of higher education,
(B) technology-related business concerns,
(C) nonprofit institutions, and
(D) agencies of State, tribal, or local gov-
ernments,
that can support departmental missions at the Na-
tional Laboratories and single-purpose research facili-
ties.
(c) PROJECTS.—The Secretary shall authorize the Di-
rector of each National Laboratory or facility to implement
the Technology Infrastructure Program at such National
Laboratory or single-purpose research facility through
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projects that meet the requirements of subsections (d) and
(e).
(d) PROGRAM REQUIREMENTS.—Each project funded
under this section shall meet the following requirements:
(1) MINIMUM PARTICIPANTS.—Each project shall
at a minimum include—
(A) a National Laboratory or single-pur-
pose research facility; and
(B) one of the following entities—
(i) a business,
(ii) an institution of higher education,
(iii) a nonprofit institution, or
(iv) an agency of a State, local, or
tribal government.
(2) COST SHARING.—
(A) MINIMUM AMOUNT.—Not less than 50
percent of the costs of each project funded under
this section shall be provided from non-Federal
sources.
(B) 
QUALIFIED
FUNDING
AND
RE-
SOURCES.—(i) The calculation of costs paid by
the non-Federal sources to a project shall include
cash, personnel, services, equipment, and other
resources expended on the project.
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(ii) Independent research and development
expenses of Government contractors that qualify
for reimbursement under section 31–205–18(e) of
the Federal Acquisition Regulations issued pur-
suant to section 25(c)(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)(1))
may be credited towards costs paid by non-Fed-
eral sources to a project, if the expenses meet the
other requirements of this section.
(iii) No funds or other resources expended
either before the start of a project under this sec-
tion or outside the project’s scope of work shall
be credited toward the costs paid by the non-Fed-
eral sources to the project.
(3) COMPETITIVE
SELECTION.—All projects in
which a party other than the Department, a National
Laboratory, or a single-purpose research facility re-
ceives funding under this section shall, to the extent
practicable, be competitively selected by the National
Laboratory or facility using procedures determined to
be appropriate by the Secretary.
(4) ACCOUNTING STANDARDS.—Any participant
that receives funds under this section, other than a
National Laboratory or single-purpose research facil-
ity, may use generally accepted accounting principles
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for maintaining accounts, books, and records relating
to the project.
(5) LIMITATIONS.—No Federal funds shall be
made available under this section for—
(A) construction; or
(B) any project for more than 5 years.
(e) SELECTION CRITERIA.—
(1) THRESHOLD FUNDING CRITERIA.—The Sec-
retary shall allocate funds under this section only if
the Director of the National Laboratory or single-pur-
pose research facility managing the project determines
that the project is likely to improve the ability of the
National Laboratory or single-purpose research facil-
ity to achieve technical success in meeting depart-
mental missions.
(2) ADDITIONAL CRITERIA.—The Secretary shall
require the Director of the National Laboratory or
single-purpose research facility managing a project
under this section to consider the following criteria in
selecting a project to receive Federal funds—
(A) the potential of the project to succeed,
based on its technical merit, team members,
management approach, resources, and project
plan;
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(B) the potential of the project to promote
the development of a commercially sustainable
technology cluster, which will derive most of the
demand for its products or services from the pri-
vate sector, and which will support departmental
missions at the participating National Labora-
tory or single-purpose research facility;
(C) the potential of the project to promote
the use of commercial research, technology, prod-
ucts, processes, and services by the participating
National Laboratory or single-purpose research
facility to achieve its departmental mission or
the commercial development of technological in-
novations made at the participating National
Laboratory or single-purpose research facility;
(D) the commitment shown by non-Federal
organizations to the project, based primarily on
the nature and amount of the financial and
other resources they will risk on the project;
(E) the extent to which the project involves
a wide variety and number of institutions of
higher education, nonprofit institutions, and
technology-related business concerns that can
support the missions of the participating Na-
tional Laboratory or single-purpose research fa-
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cility and that will make substantive contribu-
tions to achieving the goals of the project;
(F) the extent of participation in the project
by agencies of State, tribal, or local governments
that will make substantive contributions to
achieving the goals of the project;
(G) the extent to which the project focuses
on promoting the development of technology-re-
lated business concerns that are small business
concerns or involves such small business concerns
substantively in the project; and
(H) such other criteria as the Secretary de-
termines to be appropriate.
(f) REPORT TO CONGRESS.—Not later than January
1, 2004, the Secretary shall report to Congress on whether
the Technology Infrastructure Program should be continued
and, if so, how the program should be managed.
(g) DEFINITIONS.—In this section:
(1) TECHNOLOGY
CLUSTER.—The term ‘‘tech-
nology cluster’’ means a concentration of—
(A) technology-related business concerns;
(B) institutions of higher education; or
(C) other nonprofit institutions;
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that reinforce each other’s performance in the areas of
technology development through formal or informal
relationships.
(2) 
TECHNOLOGY-RELATED
BUSINESS
CON-
CERN.—The term ‘‘technology-related business con-
cern’’ means a for-profit corporation, company, asso-
ciation, firm, partnership, or small business concern
that—
(A) conducts scientific or engineering re-
search,
(B) develops new technologies,
(C) manufactures products based on new
technologies, or
(D) performs technological services.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary for activities
under this section $10,000,000 for each of fiscal years 2003
and 2004.
SEC. 1409. 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 facil-
ity, to appoint a small business advocate to—
(1) increase the participation of small business
concerns, including socially and economically dis-
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advantaged small business concerns, in procurement,
collaborative research, technology licensing, and tech-
nology transfer activities conducted by the National
Laboratory or single-purpose research facility;
(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;
(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 Laboratory
or single-purpose research facility.
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall require the Director
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of each National Laboratory, and may require the director
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 facil-
ity; or
(2) general technical assistance, the cost of which
shall not exceed $10,000 per instance of assistance, to
improve the small business concern’s products or serv-
ices.
(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 section
8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)).
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SEC. 1410. OTHER TRANSACTIONS.
(a) IN GENERAL.—Section 646 of the Department of
Energy Organization Act (42 U.S.C. 7256) is amended by
adding at the end the following:
‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) In ad-
dition to other authorities granted to the Secretary to enter
into procurement contracts, leases, cooperative agreements,
grants, and other similar arrangements, the Secretary may
enter into other transactions with public agencies, private
organizations, or persons on such terms as the Secretary
may deem appropriate in furtherance of basic, applied, and
advanced research functions now or hereafter vested in the
Secretary. Such other transactions shall not be subject to
the provisions of section 9 of the Federal Nonnuclear En-
ergy Research and Development Act of 1974 (42 U.S.C.
5908).
‘‘(2)(A) The Secretary of Energy shall ensure that—
‘‘(i) to the maximum extent practicable, no
transaction entered into under paragraph (1) pro-
vides for research that duplicates research being con-
ducted under existing programs carried out by the
Department of Energy; and
‘‘(ii) to the extent that the Secretary determines
practicable, the funds provided by the Government
under a transaction authorized by paragraph (1) do
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not exceed the total amount provided by other parties
to the transaction.
‘‘(B) A transaction authorized by paragraph (1) may
be used for a research project when the use of a standard
contract, grant, or cooperative agreement for such project
is not feasible or appropriate.
‘‘(3)(A) The Secretary shall not disclose any trade se-
cret or commercial or financial information submitted by
a non-Federal entity under paragraph (1) that is privileged
and confidential.
‘‘(B) The Secretary shall not disclose, for 5 years after
the date the information is received, any other information
submitted by a non-Federal entity under paragraph (1), in-
cluding any proposal, proposal abstract, document sup-
porting a proposal, business plan, or technical information
that is privileged and confidential.
‘‘(C) The Secretary may protect from disclosure, for
up to 5 years, any information developed pursuant to a
transaction under paragraph (1) that would be protected
from disclosure under section 552(b)(4) of title 5, United
States Code, if obtained from a person other than a Federal
agency.’’.
(b) IMPLEMENTATION.—Not later than 6 months after
the date of enactment of this section, the Department shall
establish guidelines for the use of other transactions.
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SEC. 1411. MOBILITY OF SCIENTIFIC AND TECHNICAL PER-
SONNEL.
Not later than 2 years after the enactment of this sec-
tion, the Secretary, acting through the Technology Transfer
Coordinator under section 1407, shall determine whether
each contractor operating a National Laboratory or single-
purpose research facility has policies and procedures that
do not create disincentives to the transfer of scientific and
technical personnel among the contractor-operated National
Laboratories or contractor-operated single-purpose research
facilities.
SEC. 1412. NATIONAL ACADEMY OF SCIENCES REPORT.
Within 90 days after the date of enactment of this Act,
the Secretary shall contract with the National Academy of
Sciences to—
(1) conduct a study on the obstacles to accel-
erating the innovation cycle for energy technology,
and
(2) report to the Congress recommendations for
shortening the cycle of research, development, and de-
ployment.
SEC. 1413. REPORT ON TECHNOLOGY READINESS AND BAR-
RIERS TO TECHNOLOGY TRANSFER.
(a) IN GENERAL.—The Secretary, acting through the
Technology Partnership Working Group and in consulta-
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tion with representatives of affected industries, universities,
and small business concerns, shall—
(1) assess the readiness for technology transfer of
energy technologies developed through projects funded
from appropriations authorized under subtitles A
through D of title XIV, and
(2) identify barriers to technology transfer and
cooperative research and development agreements be-
tween the Department or a National Laboratory and
a non-Federal person; and
(3) make recommendations for administrative or
legislative actions needed to reduce or eliminate such
barriers.
(b) REPORT.—The Secretary shall provide a report to
Congress and the President on activities carried out under
this section not later than 1 year after the date of enactment
of this section, and shall update such report on a biennial
basis, taking into account progress toward eliminating bar-
riers to technology transfer identified in previous reports
under this section.
SEC. 1414. UNITED STATES-MEXICO ENERGY TECHNOLOGY
COOPERATION.
(a) FINDING.—Congress finds that the economic and
energy security of the United States and Mexico is furthered
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through collaboration between the United States and Mexico
on research related to energy technologies.
(b) PROGRAM.—
(1) IN GENERAL.—The Secretary, acting through
the Assistant Secretary for Environmental Manage-
ment, shall establish a collaborative research, develop-
ment, and deployment program to promote energy ef-
ficient, environmentally sound economic development
along the United States-Mexico border to—
(A) mitigate hazardous waste;
(B) promote energy efficient materials proc-
essing technologies that minimize environmental
damage; and
(C) protect the public health.
(2) 
CONSULTATION.—The 
Secretary, 
acting
through the Assistant Secretary for Environmental
Management, shall consult with the Office of Energy
Efficiency and Renewable Energy in carrying out
paragraph (1)(B).
(c) PROGRAM MANAGEMENT.—The program under
subsection (b) shall be managed by the Department of En-
ergy Carlsbad Environmental Management Field Office.
(d) COST SHARING.—The cost of any project or activ-
ity carried out using funds provided under this section shall
be shared as provided in section 1403.
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(e) 
TECHNOLOGY
TRANSFER.—In 
carrying 
out
projects and activities under this section to mitigate haz-
ardous waste, the Secretary shall emphasize the transfer of
technology developed under the Environmental Management
Science Program of the Department of Energy.
(f) INTELLECTUAL PROPERTY.—In carrying out this
section, the Secretary shall comply with the requirements
of any agreement entered between the United States and
Mexico regarding intellectual property protection.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 2003 and $6,000,000 for each of
fiscal years 2004 through 2006, to remain available until
expended.
TITLE XV—PERSONNEL AND
TRAINING
SEC. 
1501. 
WORKFORCE 
TRENDS 
AND 
TRAINEESHIP
GRANTS.
(a) WORKFORCE TRENDS.—
(1) MONITORING.—The Secretary of Energy (in
this title referred to as the ‘‘Secretary’’), acting
through the Administrator of the Energy Information
Administration, in consultation with the Secretary of
Labor, shall monitor trends in the workforce of skilled
technical personnel supporting energy technology in-
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dustries, including renewable energy industries, com-
panies developing and commercializing devices to in-
crease energy-efficiency, the oil and gas industry, the
electric power generation industry (including the nu-
clear power industry), the coal industry, and other
industrial sectors as the Secretary may deem appro-
priate.
(2) ANNUAL
REPORTS.—The Administrator of
the Energy Information Administration shall include
statistics on energy industry workforce trends in the
annual reports of the Energy Information Adminis-
tration.
(3) SPECIAL REPORTS.—The Secretary shall re-
port to the appropriate committees of Congress when-
ever the Secretary determines that significant short-
falls of technical personnel in one or more energy in-
dustry segments are forecast or have occurred.
(b) TRAINEESHIP GRANTS FOR TECHNICALLY SKILLED
PERSONNEL.—
(1) GRANT PROGRAMS.—The Secretary shall es-
tablish grant programs in the appropriate offices of
the Department to enhance training of technically
skilled personnel for which a shortfall is determined
under subsection (a).
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(2) ELIGIBLE INSTITUTIONS.—As determined by
the Secretary to be appropriate to the particular
workforce shortfall, the Secretary shall make grants
under paragraph (1) to—
(A) an institution of higher education;
(B) a postsecondary educational institution
providing vocational and technical education
(within the meaning given those terms in section
3 of the Carl D. Perkins Vocational and Tech-
nical Education Act of 1998 (20 U.S.C. 2302));
(C) appropriate agencies of State, local, or
tribal governments; or
(D) joint labor and management training
organizations with State or federally recognized
apprenticeship programs and other employee-
based training organizations as the Secretary
considers appropriate.
(c) DEFINITION.—For purposes of this section, the
term ‘‘skilled technical personnel’’ means journey and ap-
prentice level workers who are enrolled in or have completed
a State or federally recognized apprenticeship program and
other skilled workers in energy technology industries.
(d) AUTHORIZATION
OF
APPROPRIATIONS.—From
amounts authorized under section 1241(c), there are author-
ized to be appropriated to the Secretary for activities under
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this section such sums as may be necessary for each fiscal
year.
SEC. 1502. POSTDOCTORAL AND SENIOR RESEARCH FEL-
LOWSHIPS IN ENERGY RESEARCH.
(a) POSTDOCTORAL FELLOWSHIPS.—The Secretary
shall establish a program of fellowships to encourage out-
standing young scientists and engineers to pursue
postdoctoral research appointments in energy research and
development at institutions of higher education of their
choice. In establishing a program under this subsection, the
Secretary may enter into appropriate arrangements with
the National Academy of Sciences to help administer the
program.
(b) DISTINGUISHED
SENIOR
RESEARCH
FELLOW-
SHIPS.—The Secretary shall establish a program of fellow-
ships to allow outstanding senior researchers in energy re-
search and development and their research groups to explore
research and development topics of their choosing for a fixed
period of time. Awards under this program shall be made
on the basis of past scientific or technical accomplishment
and promise for continued accomplishment during the pe-
riod of support, which shall not be less than 3 years.
(c) AUTHORIZATION
OF
APPROPRIATIONS.—From
amounts authorized under section 1241(c), there are author-
ized to be appropriated to the Secretary for activities under
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this section such sums as may be necessary for each fiscal
year.
SEC. 1503. TRAINING GUIDELINES FOR ELECTRIC ENERGY
INDUSTRY PERSONNEL.
(a) MODEL GUIDELINES.—The Secretary shall, in co-
operation with electric generation, transmission, and dis-
tribution companies and recognized representatives of em-
ployees of those entities, develop model employee training
guidelines to support electric supply system reliability and
safety.
(b) CONTENT OF GUIDELINES.—The guidelines under
this section shall include—
(1) requirements for worker training, com-
petency, and certification, developed using criteria set
forth by the Utility Industry Group recognized by the
National Skill Standards Board; and
(2) consolidation of existing guidelines on the
construction, operation, maintenance, and inspection
of electric supply generation, transmission and dis-
tribution facilities such as those established by the
National Electric Safety Code and other industry
consensus standards.
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SEC. 1504. NATIONAL CENTER ON ENERGY MANAGEMENT
AND BUILDING TECHNOLOGIES.
The Secretary shall establish a National Center on En-
ergy Management and Building Technologies, to carry out
research, education, and training activities to facilitate the
improvement of energy efficiency and indoor air quality in
industrial, commercial and residential buildings. The Na-
tional Center shall be established in cooperation with—
(1) recognized representatives of employees in the
heating, ventilation, and air-conditioning industry;
(2) contractors that install and maintain heat-
ing, ventilation and air-conditioning systems and
equipment;
(3) manufacturers of heating, ventilation and
air-conditioning systems and equipment;
(4) representatives of the advanced building en-
velope industry, including design, windows, lighting,
and insulation industries; and
(5) other entities as appropriate.
SEC. 1505. IMPROVED ACCESS TO ENERGY-RELATED SCI-
ENTIFIC AND TECHNICAL CAREERS.
(a) DEPARTMENT OF ENERGY SCIENCE EDUCATION
PROGRAMS.—Section 3164 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381a) is
amended by adding at the end the following:
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‘‘(c) PROGRAMS
FOR WOMEN
AND MINORITY STU-
DENTS.—In carrying out a program under subsection (a),
the Secretary shall give priority to activities that are de-
signed to encourage women and minority students to pursue
scientific and technical careers.’’.
(b) PARTNERSHIPS WITH HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES, HISPANIC-SERVICING INSTITU-
TIONS, AND TRIBAL COLLEGES.—The Department of En-
ergy Science Education Enhancement Act (42 U.S.C. 7381
et seq.) is amended—
(1) by redesignating sections 3167 and 3168 as
sections 3168 and 3169, respectively; and
(2) by inserting after section 3166 the following:
‘‘SEC. 3167. PARTNERSHIPS WITH HISTORICALLY BLACK
COLLEGES 
AND 
UNIVERSITIES, 
HISPANIC-
SERVING INSTITUTIONS, AND TRIBAL COL-
LEGES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) HISPANIC-SERVING INSTITUTION.—The term
‘Hispanic-serving institution’ has the meaning given
the term in section 502(a) of the Higher Education
Act of 1965 (20 U.S.C. 1101a(a)).
‘‘(2) HISTORICALLY BLACK COLLEGE OR UNIVER-
SITY.—The term ‘historically Black college or univer-
sity’ has the meaning given the term ‘part B institu-
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tion’ in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
‘‘(3) NATIONAL
LABORATORY.—The term ‘Na-
tional Laboratory’ has the meaning given the term in
section 1203 of the Energy Science and Technology
Enhancement Act of 2002.
‘‘(4) SCIENCE FACILITY.—The term ‘science facil-
ity’ has the meaning given the term ‘single-purpose
research facility’ in section 1401 of the Energy
Science and Technology Enhancement Act of 2002.
‘‘(5) TRIBAL COLLEGE.—The term ‘tribal college’
has the meaning given the term ‘tribally controlled
college or university’ in section 2(a) of the Tribally
Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801(a)).
‘‘(b) EDUCATION PARTNERSHIP.—
‘‘(1) IN GENERAL.—The Secretary shall direct
the Director of each National Laboratory, and may
direct the head of any science facility, to increase the
participation of historically Black colleges or univer-
sities, Hispanic-serving institutions, or tribal colleges
in activities that increase the capacity of the histori-
cally Black colleges or universities, Hispanic-serving
institutions, or tribal colleges to train personnel in
science or engineering.
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‘‘(2) ACTIVITIES.—An activity under paragraph
(1) may include—
‘‘(A) collaborative research;
‘‘(B) a transfer of equipment;
‘‘(C) training of personnel at a National
Laboratory or science facility; and
‘‘(D) a mentoring activity by personnel at
a National Laboratory or science facility.
‘‘(c) REPORT.—Not later than 2 years after the date
of enactment of this section, the Secretary shall submit to
the Committee on Science of the House of Representatives
and the Committee on Energy and Natural Resources of
the Senate a report on the activities carried out under this
section.’’.
SEC. 1506. NATIONAL POWER PLANT OPERATIONS TECH-
NOLOGY AND EDUCATION CENTER.
(a) ESTABLISHMENT.—The Secretary shall establish a
National Power Plant Operations Technology and Edu-
cation Center (the ‘‘Center’’), to address the need for train-
ing and educating certified operators for electric power gen-
eration plants.
(b) ROLE.—The Center shall provide both training
and continuing education relating to electric power genera-
tion plant technologies and operations. The Center shall
conduct training and education activities on site and
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through Internet-based information technologies that allow
for learning at remote sites.
(c) CRITERIA
FOR COMPETITIVE SELECTION.—The
Secretary shall establish the Center at an institution of
higher education with expertise in plant technology and op-
eration and that can provide on-site as well as Internet-
based training.
SEC. 1507. FEDERAL MINE INSPECTORS.
In light of projected retirements of Federal mine in-
spectors and the need for additional personnel, the Sec-
retary of Labor shall hire, train, and deploy such addi-
tional skilled mine inspectors (particularly inspectors with
practical experience as a practical mining engineer) as nec-
essary to ensure the availability of skilled and experienced
individuals and to maintain the number of Federal mine
inspectors at or above the levels authorized by law or estab-
lished by regulation.
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DIVISION F—TECHNOLOGY
ASSESSMENT AND STUDIES
TITLE XVI—TECHNOLOGY
ASSESSMENT
SEC. 1601. NATIONAL SCIENCE AND TECHNOLOGY ASSESS-
MENT SERVICE.
The National Science and Technology Policy, Organi-
zation, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.)
is amended by adding at the end the following:
‘‘TITLE VII—NATIONAL SCIENCE
AND 
TECHNOLOGY 
ASSESS-
MENT SERVICE
‘‘SEC. 701. ESTABLISHMENT.
‘‘There is hereby created a Science and Technology As-
sessment Service (hereinafter referred to as the ‘Service’),
which shall be within and responsible to the legislative
branch of the Government.
‘‘SEC. 702. COMPOSITION.
‘‘The Service shall consist of a Science and Technology
Board (hereinafter referred to as the ‘Board’) which shall
formulate and promulgate the policies of the Service, and
a Director who shall carry out such policies and administer
the operations of the Service.
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‘‘SEC. 703. FUNCTIONS AND DUTIES.
‘‘The Service shall coordinate and develop information
for Congress relating to the uses and application of tech-
nology to address current national science and technology
policy issues. In developing such technical assessments for
Congress, the Service shall utilize, to the extent practicable,
experts selected in coordination with the National Research
Council.
‘‘SEC. 704. INITIATION OF ACTIVITIES.
‘‘Science and technology assessment activities under-
taken by the Service may be initiated upon the request of—
‘‘(1) the Chairman of any standing, special, or
select committee of either House of the Congress, or of
any joint committee of the Congress, acting for him-
self or at the request of the ranking minority member
or a majority of the committee members;
‘‘(2) the Board; or
‘‘(3) the Director.
‘‘SEC. 705. ADMINISTRATION AND SUPPORT.
‘‘The Director of the Science and Technology Assess-
ment Service shall be appointed by the Board and shall
serve for a term of 6 years unless sooner removed by the
Board. The Director shall receive basic pay at the rate pro-
vided for level III of the Executive Schedule under section
5314 of title 5, United States Code. The Director shall con-
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tract for administrative support from the Library of Con-
gress.
‘‘SEC. 706. AUTHORITY.
‘‘The Service shall have the authority, within the lim-
its of available appropriations, to do all things necessary
to carry out the provisions of this section, including, but
without being limited to, the authority to—
‘‘(1) make full use of competent personnel and
organizations outside the Office, public or private,
and form special ad hoc task forces or make other ar-
rangements when appropriate;
‘‘(2) enter into contracts or other arrangements
as may be necessary for the conduct of the work of the
Office with any agency or instrumentality of the
United States, with any State, territory, or possession
or any political subdivision thereof, or with any per-
son, firm, association, corporation, or educational in-
stitution, with or without reimbursement, without
performance or other bonds, and without regard to
section 3709 of the Revised Statutes (41 U.S.C. 51);
‘‘(3) accept and utilize the services of voluntary
and uncompensated personnel necessary for the con-
duct of the work of the Service and provide transpor-
tation and subsistence as authorized by section 5703
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of title 5, United States Code, for persons serving
without compensation; and
‘‘(4) prescribe such rules and regulations as it
deems necessary governing the operation and organi-
zation of the Service.
‘‘SEC. 707. BOARD.
‘‘The Board shall consist of 13 members as follows—
‘‘(1) six Members of the Senate, appointed by the
President pro tempore of the Senate, three from the
majority party and three from the minority party;
‘‘(2) six Members of the House of Representatives
appointed by the Speaker of the House of Representa-
tives, three from the majority party and three from
the minority party; and
‘‘(3) the Director, who shall not be a voting
member.
‘‘SEC. 708. REPORT TO CONGRESS.
‘‘The Service shall submit to the Congress an annual
report which shall include, but not be limited to, an evalua-
tion of technology assessment techniques and identification,
insofar as may be feasible, of technological areas and pro-
grams requiring future analysis. The annual report shall
be submitted not later than March 15 of each year.
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‘‘SEC. 709. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Service
such sums as are necessary to fulfill the requirements of
this title.’’.
TITLE XVII—STUDIES
SEC. 1701. REGULATORY REVIEWS.
(a) REGULATORY REVIEWS.—Not later than 1 year
after the date of enactment of this section and every 5 years
thereafter, each Federal agency shall review relevant regula-
tions and standards to identify—
(1) existing regulations and standards that act
as barriers to—
(A) market entry for emerging energy tech-
nologies (including fuel cells, combined heat and
power, distributed power generation, and small-
scale renewable energy), and
(B) market development and expansion for
existing energy technologies (including combined
heat and power, small-scale renewable energy,
geothermal heat pump technology, and energy re-
covery in industrial processes), and
(2) actions the agency is taking or could take
to—
(A) remove barriers to market entry for
emerging energy technologies and to market ex-
pansion for existing technologies,
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(B) increase energy efficiency and conserva-
tion, or
(C) encourage the use of new and existing
processes to meet energy and environmental
goals.
(b) REPORT TO CONGRESS.—Not later than 18 months
after the date of enactment of this section, and every 5 years
thereafter, the Director of the Office of Science and Tech-
nology Policy shall report to the Congress on the results of
the agency reviews conducted under subsection (a).
(c) CONTENTS OF THE REPORT.—The report shall—
(1) identify all regulatory barriers to—
(A) the development and commercialization
of emerging energy technologies and processes,
and
(B) the further development and expansion
of existing energy conservation technologies and
processes,
(2) actions taken, or proposed to be taken, to re-
move such barriers, and
(3) recommendations for changes in laws or reg-
ulations that may be needed to—
(A) expedite the siting and development of
energy production and distribution facilities,
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(B) encourage the adoption of energy effi-
ciency and process improvements,
(C) facilitate the expanded use of existing
energy conservation technologies, and
(D) reduce the environmental impacts of en-
ergy facilities and processes through transparent
and flexible compliance methods.
SEC. 1702. ASSESSMENT OF DEPENDENCE OF STATE OF HA-
WAII ON OIL.
(a) ASSESSMENT.—The Secretary of Energy shall as-
sess the economic implications of the dependence of the State
of Hawaii on oil as the principal source of energy for the
State, including—
(1) the short- and long-term prospects for crude
oil supply disruption and price volatility and poten-
tial impacts on the economy of Hawaii;
(2) the economic relationship between oil-fired
generation of electricity from residual fuel and refined
petroleum products consumed for ground, marine,
and air transportation;
(3) the technical and economic feasibility of in-
creasing the contribution of renewable energy re-
sources for generation of electricity, on an island-by-
island basis, including—
(A) siting and facility configuration;
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(B) environmental, operational, and safety
considerations;
(C) the availability of technology;
(D) effects on the utility system, including
reliability;
(E) infrastructure and transport require-
ments;
(F) community support; and
(G) other factors affecting the economic im-
pact of such an increase and any effect on the
economic relationship described in paragraph
(2);
(4) the technical and economic feasibility of
using liquefied natural gas to displace residual fuel
oil for electric generation, including neighbor island
opportunities, and the effect of such displacement on
the economic relationship described in paragraph (2),
including—
(A) the availability of supply;
(B) siting and facility configuration for on-
shore and offshore liquefied natural gas receiving
terminals;
(C) the factors described in subparagraphs
(B) through (F) of paragraph (3); and
(D) other economic factors;
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(5) the technical and economic feasibility of
using renewable energy sources (including hydrogen)
for ground, marine, and air transportation energy
applications to displace the use of refined petroleum
products, on an island-by-island basis, and the eco-
nomic impact of such displacement on the relation-
ship described in paragraph (2); and
(6) an island-by-island approach to—
(A) the development of hydrogen from re-
newable resources; and
(B) the application of hydrogen to the en-
ergy needs of Hawaii.
(b) CONTRACTING AUTHORITY.—The Secretary may
carry out the assessment under subsection (a) directly or,
in whole or in part, through one or more contracts with
qualified public or private entities.
(c) REPORT.—Not later than 300 days after the date
of enactment of this Act, the Secretary shall prepare, in
consultation with agencies of the State of Hawaii and other
stakeholders, as appropriate, and submit to Congress, a re-
port detailing the findings, conclusions, and recommenda-
tions resulting from the assessment.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
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SEC. 1703. STUDY OF SITING AN ELECTRIC TRANSMISSION
SYSTEM ON AMTRAK RIGHT-OF-WAY.
(a) STUDY.—The Secretary of Energy shall contract
with Amtrak to conduct a study of the feasibility of building
and operating a new electric transmission system on the
Amtrak right-of-way in the Northeast Corridor.
(b) SCOPE OF THE STUDY.—The study shall focus on
siting the new system on the Amtrak right-of-way within
the Northeast Corridor between Washington, D.C., and New
Rochelle, New York, including the Amtrak right-of-way be-
tween Philadelphia, Pennsylvania and Harrisburg, Penn-
sylvania.
(c) CONTENTS
OF
THE STUDY.—The study shall
consider—
(1) alternative geographic configuration of a new
electronic transmission system on the Amtrak right-
of-way;
(2) alternative technologies for the system;
(3) the estimated costs of building and operating
each alternative;
(4) alternative means of financing the system;
(5) the environmental risks and benefits of build-
ing and operating each alternative as well as environ-
mental risks and benefits of building and operating
the system on the Northeast Corridor rather than at
other locations;
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(6) engineering and technological obstacles to
building and operating each alternative; and
(7) the extent to which each alternative would
enhance the reliability of the electric transmission
grid and enhance competition in the sale of electric
energy at wholesale within the Northeast Corridor.
(d) RECOMMENDATIONS.—The study shall recommend
the optimal geographic configuration, the optimal tech-
nology, the optimal engineering design, and the optimal
means of financing for the new system from among the al-
ternatives considered.
(e) REPORT.—The Secretary of Energy shall submit
the completed study to the Committee on Energy and Nat-
ural Resources of the United States Senate and the Com-
mittee on Energy and Commerce of the House of Represent-
atives not later than 270 days after the date of enactment
of this section.
(f) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Amtrak’’ means the National Rail-
road Passenger Corporation established under chapter
243 of title 49, United States Code; and
(2) the term ‘‘Northeast Corridor’’ shall have the
meaning given such term under section 24102(7) of
title 49, United States Code.
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SEC. 1704. UPDATING OF INSULAR AREA RENEWABLE EN-
ERGY AND ENERGY EFFICIENCY PLANS.
Section 604 of Public Law 96–597 (48 U.S.C. 1492)
is amended—
(1) in subsection (a) at the end of paragraph (4)
by striking ‘‘resources.’’ and inserting ‘‘resources; and
‘‘(5) the development of renewable energy and en-
ergy efficiency technologies since publication of the
1982 Territorial Energy Assessment prepared under
subsection (c) reveals the need to reassess the state of
energy production, consumption, efficiency, infra-
structure, reliance on imported energy, and potential
of the indigenous renewable energy resources and en-
ergy efficiency in regard to the insular areas.’’; and
(2) by adding at the end of subsection (e) ‘‘The
Secretary of Energy, in consultation with the Sec-
retary of the Interior and the chief executive officer of
each insular area, shall update the plans required
under subsection (c) and draft long-term energy plans
for each insular area that will reduce, to the extent
feasible, the reliance of the insular area on energy im-
ports by the year 2010, and maximize, to the extent
feasible, use of renewable energy resources and energy
efficiency opportunities. Not later than December 31,
2002, the Secretary of Energy shall submit the up-
dated plans to Congress.’’.
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SEC. 1705. CONSUMER ENERGY COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—There is estab-
lished a commission to be known as the ‘‘Consumer Energy
Commission’’.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commission shall be com-
prised of 11 members who shall be appointed within
30 days from the date of enactment of this section and
who shall serve for the life of the Commission.
(2) APPOINTMENTS IN THE SENATE AND THE
HOUSE.—The Majority Leader and the Minority
Leader of the Senate and the Speaker and Minority
Leader of the House of Representatives shall each ap-
point 2 members—
(A) one of whom shall represent consumer
groups focusing on energy issues; and
(B) one of whom shall represent the energy
industry.
(3) APPOINTMENTS
BY
THE
PRESIDENT.—The
President shall appoint three members—
(A) one of whom shall represent consumer
groups focusing on energy issues;
(B) one of whom shall represent the energy
industry; and
(C) one of whom shall represent the Depart-
ment of Energy.
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(c) INITIAL MEETING.—Not later than 60 days after
the date of enactment of this Act, the Commission shall hold
the first meeting of the Commission regardless of the num-
ber of members that have been appointed and shall select
a Chairperson and Vice Chairperson from among the mem-
bers of the Commission.
(d) ADMINISTRATIVE EXPENSES.—Members of the
Commission shall serve without compensation, except for
per diem and travel expenses which shall be reimbursed,
and the Department of Energy shall pay expenses as nec-
essary to carry out this section, with the expenses not to
exceed $400,000.
(e) STUDIES.—The Commission shall conduct a na-
tionwide study of significant price spikes since 1990 in
major United States consumer energy products, including
electricity, gasoline, home heating oil, natural gas and pro-
pane with a focus on their causes including insufficient in-
ventories, supply disruptions, refinery capacity limits, in-
sufficient infrastructure, regulatory failures, demand
growth, reliance on imported supplies, insufficient avail-
ability of alternative energy sources, abuse of market power,
market concentration and any other relevant factors.
(f) REPORT.—Not later than 180 days after the date
of the first meeting of the Commission, the Commission
shall submit to Congress a report that contains the findings
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and conclusions of the Commission and any recommenda-
tions for legislation, administrative actions, and voluntary
actions by industry and consumers to protect consumers
and small businesses from future price spikes in consumer
energy products.
(g) CONSULTATION.—The Commission shall consult
with the Federal Trade Commission, the Federal Energy
Regulatory Commission, the Department of Energy and
other Federal and State agencies as appropriate.
(h) SUNSET.—The Commission shall terminate within
30 days after the submission of the report to Congress.
SEC. 1706. STUDY OF NATURAL GAS AND OTHER ENERGY
TRANSMISSION 
INFRASTRUCTURE 
ACROSS
THE GREAT LAKES.
(a) DEFINITIONS.—In this section:
(1) GREAT
LAKE.—The term ‘‘Great Lake’’
means Lake Erie, Lake Huron (including Lake Saint
Clair), Lake Michigan, Lake Ontario (including the
Saint Lawrence River from Lake Ontario to the 45th
parallel of latitude), and Lake Superior.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(b) STUDY.—
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(1) IN GENERAL.—The Secretary, in consultation
with representatives of appropriate Federal and State
agencies, shall—
(A) conduct a study of—
(i) the location and extent of antici-
pated growth of natural gas and other en-
ergy transmission infrastructure proposed
to be constructed across the Great Lakes;
and
(ii) the environmental impacts of any
natural gas or other energy transmission
infrastructure proposed to be constructed
across the Great Lakes; and
(B) make recommendations for minimizing
the environmental impact of pipelines and other
energy transmission infrastructure on the Great
Lakes ecosystem.
(2) ADVISORY COMMITTEE.—Not later than 30
days after the date of enactment of this Act, the Sec-
retary shall enter into an agreement with the Na-
tional Academy of Sciences to establish an advisory
committee to ensure that the study is complete, objec-
tive, and of good quality.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Con-
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gress a report that describes the findings and recommenda-
tions resulting from the study under subsection (b).
SEC. 1707. NATIONAL ACADEMY OF SCIENCES STUDY OF
PROCEDURES FOR SELECTION AND ASSESS-
MENT OF CERTAIN ROUTES FOR SHIPMENT
OF SPENT NUCLEAR FUEL FROM RESEARCH
NUCLEAR REACTORS.
(a) IN GENERAL.—The Secretary of Transportation
shall enter into an agreement with the National Academy
of Sciences under which agreement the National Academy
of Sciences shall conduct a study of the procedures by which
the Department of Energy, together with the Department
of Transportation and the Nuclear Regulatory Commission,
selects routes for the shipment of spent nuclear fuel from
research nuclear reactors between or among existing De-
partment of Energy facilities currently licensed to accept
such spent nuclear fuel.
(b) ELEMENTS OF STUDY.—In conducting the study
under subsection (a), the National Academy of Sciences
shall analyze the manner in which the Department of
Energy—
(1) selects potential routes for the shipment of
spent nuclear fuel from research nuclear reactors be-
tween or among existing Department facilities cur-
rently licensed to accept such spent nuclear fuel;
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(2) selects such a route for a specific shipment of
such spent nuclear fuel; and
(3) conducts assessments of the risks associated
with shipments of such spent nuclear fuel along such
a route.
(c) CONSIDERATIONS
REGARDING
ROUTE
SELEC-
TION.—The analysis under subsection (b) shall include a
consideration whether, and to what extent, the procedures
analyzed for purposes of that subsection take into account
the following:
(1) The proximity of the routes under consider-
ation to major population centers and the risks asso-
ciated with shipments of spent nuclear fuel from re-
search nuclear reactors through densely populated
areas.
(2) Current traffic and accident data with re-
spect to the routes under consideration.
(3) The quality of the roads comprising the
routes under consideration.
(4) Emergency response capabilities along the
routes under consideration.
(5) The proximity of the routes under consider-
ation to places or venues (including sports stadiums,
convention centers, concert halls and theaters, and
other venues) where large numbers of people gather.
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(d) RECOMMENDATIONS.—In conducting the study
under subsection (a), the National Academy of Sciences
shall also make such recommendations regarding the mat-
ters studied as the National Academy of Sciences considers
appropriate.
(e) DEADLINE
FOR
DISPERSAL
OF
FUNDS
FOR
STUDY.—The Secretary shall disperse to the National Acad-
emy of Sciences the funds for the cost of the study required
by subsection (a) not later than 30 days after the date of
the enactment of this Act.
(f) REPORT ON RESULTS OF STUDY.—Not later than
6 months after the date of the dispersal of funds under sub-
section (e), the National Academy of Sciences shall submit
to the appropriate committees of Congress a report on the
study conducted under subsection (a), including the rec-
ommendations required by subsection (d).
(g) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committees on Commerce, Science, and
Transportation, Energy and Natural Resources, and
Environment and Public Works of the Senate; and
(2) the Committee on Energy and Commerce of
the House of Representatives.
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SEC. 1708. REPORT ON ENERGY SAVINGS AND WATER USE.
(a) REPORT.—The Secretary of Energy shall conduct
a study of opportunities to reduce energy use by cost-effec-
tive improvements in the efficiency of municipal water and
wastewater treatment and use, including water pumps, mo-
tors, and delivery systems; purification, conveyance and
distribution; upgrading of aging water infrastructure, and
improved methods for leakage monitoring, measuring, and
reporting; and public education.
(b) SUBMISSION OF REPORT.—The Secretary of En-
ergy shall submit a report on the results of the study, in-
cluding any recommendations for implementation of meas-
ures and estimates of costs and resource savings, no later
than 2 years from the date of enactment of this section.
(c) AUTHORIZATION.—There is hereby authorized to be
appropriated such sums as may be necessary to carry out
the purposes of this section.
SEC. 1709. REPORT ON RESEARCH ON HYDROGEN PRODUC-
TION AND USE.
Not later than 120 days after the date of enactment
of this Act, the Secretary of Energy shall submit to Congress
a report that identifies current or potential research
projects at Department of Energy nuclear facilities relating
to the production or use of hydrogen in fuel cell development
or any other method or process enhancing alternative en-
ergy production technologies.
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DIVISION G—ENERGY
INFRASTRUCTURE SECURITY
TITLE XVIII—CRITICAL ENERGY
INFRASTRUCTURE
Subtitle A—Department of Energy
Programs
SEC. 1801. DEFINITIONS.
In this title:
(1) CRITICAL ENERGY INFRASTRUCTURE.—
(A) IN GENERAL.—The term ‘‘critical en-
ergy infrastructure’’ means a physical or cyber-
based system or service for—
(i) the generation, transmission or dis-
tribution of electric energy; or
(ii) the production, refining, or storage
of petroleum, natural gas, or petroleum
product—
the incapacity or destruction of which would
have a debilitating impact on the defense or eco-
nomic security of the United States.
(B) EXCLUSION.—The term shall not in-
clude a facility that is licensed by the Nuclear
Regulatory Commission under section 103 or
104b. of the Atomic Energy Act of 1954 (42
U.S.C. 2133 and 2134(b)).
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(2) DEPARTMENT; NATIONAL LABORATORY; SEC-
RETARY.—The terms ‘‘Department’’, ‘‘National Lab-
oratory’’, and ‘‘Secretary’’ have the meaning given
such terms in section 1203.
SEC. 1802. ROLE OF THE DEPARTMENT OF ENERGY.
Section 102 of the Department of Energy Organization
Act (42 U.S.C. 7112) is amended by adding at the end the
following:
‘‘(20) To ensure the safety, reliability, and secu-
rity of the Nation’s energy infrastructure, and to re-
spond to any threat to or disruption of such infra-
structure, through activities including—
‘‘(A) research and development;
‘‘(B) financial assistance, technical assist-
ance, and cooperative activities with States, in-
dustry, and other interested parties; and
‘‘(C) education and public outreach activi-
ties.’’.
SEC. 1803. CRITICAL ENERGY INFRASTRUCTURE PRO-
GRAMS.
(a) PROGRAMS.—In addition to the authorities other-
wise provided by law (including section 1261), the Sec-
retary is authorized to establish programs of financial, tech-
nical, or administrative assistance to—
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(1) enhance the security of critical energy infra-
structure in the United States;
(2) develop and disseminate, in cooperation with
industry, best practices for critical energy infrastruc-
ture assurance; and
(3) protect against, mitigate the effect of, and
improve the ability to recover from disruptive inci-
dents affecting critical energy infrastructure.
(b) REQUIREMENTS.—A program established under
this section shall—
(1) be undertaken in consultation with the advi-
sory committee established under section 1804;
(2) have available to it the scientific and tech-
nical resources of the Department, including resources
at a National Laboratory; and
(3) be consistent with any overall Federal plan
for national infrastructure security developed by the
President or his designee.
SEC. 1804. ADVISORY COMMITTEE ON ENERGY INFRA-
STRUCTURE SECURITY.
(a) ESTABLISHMENT.—The Secretary shall establish
an advisory committee, or utilize an existing advisory com-
mittee within the Department, to advise the Secretary on
policies and programs related to the security of United
States energy infrastructure.
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(b) BALANCED MEMBERSHIP.—The Secretary shall en-
sure that the advisory committee established or utilized
under subsection (a) has a membership with an appropriate
balance among the various interests related to energy infra-
structure security, including—
(1) scientific and technical experts;
(2) industrial managers;
(3) worker representatives;
(4) insurance companies or organizations;
(5) environmental organizations;
(6) representatives of State, local, and tribal gov-
ernments; and
(7) such other interests as the Secretary may
deem appropriate.
(c) EXPENSES.—Members of the advisory committee
established or utilized under subsection (a) shall serve with-
out compensation, and shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home
or regular place of business of the member in the perform-
ance of the duties of the committee.
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SEC. 1805. BEST PRACTICES AND STANDARDS FOR ENERGY
INFRASTRUCTURE SECURITY.
The Secretary, in consultation with the advisory com-
mittee under section 1804, shall enter into appropriate ar-
rangements with one or more standard-setting organiza-
tions, or similar organizations, to assist the development
of industry best practices and standards for security related
to protecting critical energy infrastructure.
Subtitle B—Department of the
Interior Programs
SEC. 1811. OUTER CONTINENTAL SHELF ENERGY INFRA-
STRUCTURE SECURITY.
(a) DEFINITIONS.—In this section:
(1) APPROVED
STATE
PLAN.—The term ‘‘ap-
proved State plan’’ means a State plan approved by
the Secretary under subsection (c)(3).
(2) COASTLINE.—The term ‘‘coastline’’ has the
same meaning as the term ‘‘coast line’’ as defined in
subsection 2(c) of the Submerged Lands Act (43
U.S.C. 1301(c)).
(3) CRITICAL OCS ENERGY INFRASTRUCTURE FA-
CILITY.—The term ‘‘OCS critical energy infrastruc-
ture facility’’ means—
(A) a facility located in an OCS Production
State or in the waters of such State related to the
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production of oil or gas on the Outer Continental
Shelf; or
(B) a related facility located in an OCS
Production State or in the waters of such State
that carries out a public service, transportation,
or infrastructure activity critical to the oper-
ation of an Outer Continental Shelf energy in-
frastructure facility, as determined by the Sec-
retary.
(4) DISTANCE.—The term ‘‘distance’’ means the
minimum great circle distance, measured in statute
miles.
(5) LEASED TRACT.—
(A) IN GENERAL.—The term ‘‘leased tract’’
means a tract that—
(i) is subject to a lease under section 6
or 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1335, 1337) for the purpose
of drilling for, developing, and producing
oil or natural gas resources; and
(ii) consists of a block, a portion of a
block, a combination of blocks or portions of
blocks, or a combination of portions of
blocks, as—
(I) specified in the lease; and
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(II) depicted on an outer Conti-
nental Shelf official protraction dia-
gram.
(B) EXCLUSION.—The term ‘‘leased tract’’
does not include a tract described in subpara-
graph (A) that is located in a geographic area
subject to a leasing moratorium on January 1,
2001, unless the lease was in production on that
date.
(6) OCS POLITICAL
SUBDIVISION.—The term
‘‘OCS political subdivision’’ means a county, parish,
borough or any equivalent subdivision of an OCS
Production State all or part of which subdivision lies
within the coastal zone (as defined in section 304(1)
of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453(1)).
(7) OCS PRODUCTION STATE.—The term ‘‘OCS
Production State’’ means the State of—
(A) Alaska;
(B) Alabama;
(C) California;
(D) Florida;
(E) Louisiana;
(F) Mississippi; or
(G) Texas.
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(8) PRODUCTION.—The term ‘‘production’’ has
the meaning given the term in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331).
(9) PROGRAM.—The term ‘‘program’’ means the
Outer Continental Shelf Energy Infrastructure Secu-
rity Program established under subsection (b).
(10) QUALIFIED
OUTER
CONTINENTAL
SHELF
REVENUES.—The term ‘‘qualified Outer Continental
Shelf revenues’’ means all amounts received by the
United States from each leased tract or portion of a
leased tract lying seaward of the zone defined and
governed by section 8(g) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), or lying
within such zone but to which section 8(g) does not
apply, the geographic center of which lies within a
distance of 200 miles from any part of the coastline
of any State, including bonus bids, rents, royalties
(including payments for royalties taken in kind and
sold), net profit share payments, and related late pay-
ment interest. Such term does not include any reve-
nues from a leased tract or portion of a leased tract
that is included within any area of the Outer Conti-
nental Shelf where a moratorium on new leasing was
in effect as of January 1, 2001, unless the lease was
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issued prior to the establishment of the moratorium
and was in production on January 1, 2001.
(11) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(12) STATE
PLAN.—The term ‘‘State plan’’
means a State plan described in subsection (b).
(b) ESTABLISHMENT.—The Secretary shall establish a
program, to be known as the ‘‘Outer Continental Shelf En-
ergy Infrastructure Security Program’’, under which the
Secretary shall provide funds to OCS Production States to
implement approved State plans to provide security against
hostile and natural threats to critical OCS energy infra-
structure facilities and support of any necessary public
service or transportation activities that are needed to main-
tain the safety and operation of critical energy infrastruc-
ture activities. For purposes of this program, restoration
of any coastal wetland shall be considered to be an activity
that secures critical OCS energy infrastructure facilities
from a natural threat.
(c) STATE PLANS.—
(1) INITIAL
PLAN.—Not later than 180 days
after the date of enactment of this Act, to be eligible
to receive funds under the program, the Governor of
an OCS Production State shall submit to the Sec-
retary a plan to provide security against hostile and
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natural threats to critical energy infrastructure facili-
ties in the OCS Production State and to support any
of the necessary public service or transportation ac-
tivities that are needed to maintain the safety and
operation of critical energy infrastructure facilities.
Such plan shall include—
(A) the name of the State agency that will
have the authority to represent and act for the
State in dealing with the Secretary for purposes
of this section;
(B) a program for the implementation of
the plan which describes how the amounts pro-
vided under this section will be used;
(C) a contact for each OCS political sub-
division and description of how such political
subdivisions will use amounts provided under
this section, including a certification by the Gov-
ernor that such uses are consistent with the re-
quirements of this section; and
(D) measures for taking into account other
relevant Federal resources and programs.
(2) ANNUAL REVIEWS.—Not later than 1 year
after the date of submission of the plan and annually
thereafter, the Governor of an OCS Production State
shall—
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(A) review the approved State plan; and
(B) submit to the Secretary any revised
State plan resulting from the review.
(3) APPROVAL OF PLANS.—
(A) IN GENERAL.—In consultation with ap-
propriate Federal security officials and the Sec-
retaries of Commerce and Energy, the Secretary
shall—
(i) approve each State plan; or
(ii) recommend changes to the State
plan.
(B) RESUBMISSION
OF
STATE
PLANS.—If
the Secretary recommends changes to a State
plan under subparagraph (A)(ii), the Governor
of the OCS Production State may resubmit a re-
vised State plan to the Secretary for approval.
(4) AVAILABILITY
OF
PLANS.—The Secretary
shall provide to Congress a copy of each approved
State plan.
(5) CONSULTATION AND PUBLIC COMMENT.—
(A) CONSULTATION.—The Governor of an
OCS Production State shall develop the State
plan in consultation with Federal, State, and
local law enforcement and public safety officials,
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industry, Indian tribes, the scientific commu-
nity, and other persons as appropriate.
(B) PUBLIC
COMMENT.—The Governor of
an OCS Production State may solicit public
comments on the State plan to the extent that the
Governor determines to be appropriate.
(d) ALLOCATION OF AMOUNTS BY THE SECRETARY.—
The Secretary shall allocate the amounts made available for
the purposes of carrying out the program provided for by
this section among OCS Production States as follows:
(1) twenty-five percent of the amounts shall be
divided equally among OCS Production States.
(2) seventy-five percent of the amounts shall be
divided among OCS Production States on the basis of
the proximity of each OCS Production State to off-
shore locations at which oil and gas are being pro-
duced.
(e) CALCULATION.—The amount for each OCS Produc-
tion State under paragraph (d)(2) shall be calculated based
on the ratio of qualified OCS revenues generated off the
coastline of the OCS Production State to the qualified OCS
revenues generated off the coastlines of all OCS Production
States for the prior 5-year period. Where there is more than
one OCS Production State within 200 miles of a leased
tract, the amount of each OCS Production State’s payment
719
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under paragraph (d)(2) for such leased tract shall be in-
versely proportional to the distance between the nearest
point on the coastline of such State and the geographic cen-
ter of each leased tract or portion of the leased tract (to
the nearest whole mile) that is within 200 miles of that
coastline, as determined by the Secretary. A leased tract or
portion of a leased tract shall be excluded if the tract or
portion is located in a geographic area where a moratorium
on new leasing was in effect on January 1, 2001, unless
the lease was issued prior to the establishment of the mora-
torium and was in production on January 1, 2001.
(f) PAYMENTS TO OCS POLITICAL SUBDIVISIONS.—
Thirty-five percent of each OCS Production State’s allo-
cable share as determined under subsection (e) shall be paid
directly to the OCS political subdivisions by the Secretary
based on the following formula:
(1) twenty-five percent shall be allocated based
on the ratio of such OCS political subdivision’s popu-
lation to the population of all OCS political subdivi-
sions in the OCS Production State.
(2) twenty-five percent shall be allocated based
on the ratio of such OCS political subdivision’s coast-
line miles to the coastline miles of all OCS political
subdivisions in the OCS Production State. For pur-
poses of this subsection, those OCS political subdivi-
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sions without coastlines shall be considered to have a
coastline that is the average length of the coastlines of
all political subdivisions in the State.
(3) fifty percent shall be allocated based on the
relative distance of such OCS political subdivision
from any leased tract used to calculate that OCS Pro-
duction State’s allocation using ratios that are in-
versely proportional to the distance between the point
in the coastal political subdivision closest to the geo-
graphic center of each leased tract or portion, as de-
termined by the Secretary. For purposes of the cal-
culations under this subparagraph, a leased tract or
portion of a leased tract shall be excluded if the leased
tract or portion is located in a geographic area where
a moratorium on new leasing was in effect on Janu-
ary 1, 2001, unless the lease was issued prior to the
establishment of the moratorium and was in produc-
tion on January 1, 2001.
(g) FAILURE
TO
HAVE
PLAN
APPROVED.—Any
amount allocated to an OCS Production State or OCS po-
litical subdivision but not disbursed because of a failure to
have an approved Plan under this section shall be allocated
equally by the Secretary among all other OCS Production
States in a manner consistent with this subsection except
that the Secretary shall hold in escrow such amount until
721
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the final resolution of any appeal regarding the disapproval
of a plan submitted under this section. The Secretary may
waive the provisions of this paragraph and hold an OCS
Production State’s allocable share in escrow if the Secretary
determines that such State is making a good faith effort
to develop and submit, or update, a Plan.
(h) USE
OF AMOUNTS ALLOCATED
BY
THE SEC-
RETARY.—
(1) IN GENERAL.—Amounts allocated by the Sec-
retary under subsection (d) may be used only in ac-
cordance with a plan approved pursuant to sub-
section (c) for—
(A) activities to secure critical OCS energy
infrastructure facilities from human or natural
threats; and
(B) support of any necessary public service
or transportation activities that are needed to
maintain the safety and operation of critical
OCS energy infrastructure facilities.
(2) RESTORATION OF COASTAL WETLAND.—For
the purpose of subparagraph (1)(A), restoration of
any coastal wetland shall be considered to be an ac-
tivity that secures critical OCS energy infrastructure
facilities from a natural threat.
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(i) FAILURE TO HAVE USE.—Any amount allocated
to an OCS political subdivision but not disbursed because
of a failure to have a qualifying use as described in sub-
section (h) shall be allocated by the Secretary to the OCS
Production State in which the OCS political subdivision
is located except that the Secretary shall hold in escrow such
amount until the final resolution of any appeal regarding
the use of the funds.
(j) COMPLIANCE WITH AUTHORIZED USES.—If the
Secretary determines that any expenditure made by an
OCS Production State or an OCS political subdivision is
not consistent with the uses authorized in subsection (h),
the Secretary shall not disburse any further amounts under
this section to that OCS Production State or OCS political
subdivision until the amounts used for the inconsistent ex-
penditure have been repaid or obligated for authorized uses.
(k) RULEMAKING.—The Secretary may promulgate
such rules and regulations as may be necessary to carry
out the purposes of this section, including rules and regula-
tions setting forth an appropriate process for appeals.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are
hereby authorized to be appropriated $450,000,000 for each
of the fiscal years 2003 through 2008 to carry out the pur-
poses of this section.
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DIVISION H—ENERGY TAX
INCENTIVES
SEC. 1900. SHORT TITLE; ETC.
(a) SHORT TITLE.—This division may be cited as the
‘‘Energy Tax Incentives Act of 2002’’.
(b) AMENDMENT OF 1986 CODE.—Except as otherwise
expressly provided, whenever in this division an amend-
ment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.
TITLE 
XIX—EXTENSION 
AND
MODIFICATION 
OF 
RENEW-
ABLE ELECTRICITY PRODUC-
TION TAX CREDIT
SEC. 1901. THREE-YEAR EXTENSION OF CREDIT FOR PRO-
DUCING ELECTRICITY FROM WIND AND POUL-
TRY WASTE.
(a) IN GENERAL.—Subparagraphs (A) and (C) of sec-
tion 45(c)(3) (relating to qualified facility), as amended by
section 603(a) of the Job Creation and Worker Assistance
Act of 2002, are each amended by striking ‘‘January 1,
2004’’ and inserting ‘‘January 1, 2007’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply to electricity sold after the date of the
724
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enactment of this Act, in taxable years ending after such
date.
SEC. 1902. CREDIT FOR ELECTRICITY PRODUCED FROM BIO-
MASS.
(a) EXTENSION AND MODIFICATION OF PLACED-IN-
SERVICE
RULES.—Paragraph (3) of section 45(c) is
amended—
(1) by striking subparagraph (B) and inserting
the following new subparagraph:
‘‘(B) CLOSED-LOOP BIOMASS FACILITY.—
‘‘(i) IN GENERAL.—In the case of a fa-
cility using closed-loop biomass to produce
electricity, the term ‘qualified facility’
means any facility—
‘‘(I) owned by the taxpayer which
is originally placed in service after De-
cember 31, 1992, and before January
1, 2007, or
‘‘(II) owned by the taxpayer
which is originally placed in service
before January 1, 1993, and modified
to use closed-loop biomass to co-fire
with coal before January 1, 2007, as
approved under the Biomass Power for
Rural Development Programs or under
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a pilot project of the Commodity Cred-
it Corporation as described in 65 Fed.
Reg. 63052.
‘‘(ii) SPECIAL RULES.—In the case of a
qualified 
facility 
described 
in 
clause
(i)(II)—
‘‘(I) the 10-year period referred to
in subsection (a) shall be treated as be-
ginning no earlier than the date of the
enactment of this subclause, and
‘‘(II) if the owner of such facility
is not the producer of the electricity,
the person eligible for the credit allow-
able under subsection (a) is the lessee
or the operator of such facility.’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(D) BIOMASS FACILITY.—
‘‘(i) IN GENERAL.—In the case of a fa-
cility using biomass (other than closed-loop
biomass) to produce electricity, the term
‘qualified facility’ means any facility owned
by the taxpayer which is originally placed
in service before January 1, 2005.
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‘‘(ii) 
SPECIAL
RULE
FOR
POSTEFFECTIVE DATE FACILITIES.—In the
case of any facility described in clause (i)
which is placed in service after the date of
the enactment of this clause, the 3-year pe-
riod beginning on the date the facility is
originally placed in service shall be sub-
stituted for the 10-year period in subsection
(a)(2)(A)(ii).
‘‘(iii) 
SPECIAL
RULES
FOR
PREEFFECTIVE
DATE
FACILITIES.—In the
case of any facility described in clause (i)
which is placed in service before the date of
the enactment of this clause—
‘‘(I) subsection (a)(1) shall be ap-
plied by substituting ‘1.0 cents’ for ‘1.5
cents’, and
‘‘(II) the 3-year period beginning
after December 31, 2002, shall be sub-
stituted for the 10-year period in sub-
section (a)(2)(A)(ii).
‘‘(iv) CREDIT
ELIGIBILITY.—In the
case of any facility described in clause (i),
if the owner of such facility is not the pro-
ducer of the electricity, the person eligible
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for the credit allowable under subsection (a)
is the lessee or the operator of such facil-
ity.’’.
(b) DEFINITION OF BIOMASS.—
(1) IN
GENERAL.—Section 45(c)(1) (defining
qualified energy resources) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B),
(B) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘, and’’, and
(C) by adding at the end the following new
subparagraph:
‘‘(D) biomass (other than closed-loop bio-
mass).’’.
(2) BIOMASS DEFINED.—Section 45(c) (relating
to definitions) is amended by adding at the end the
following new paragraph:
‘‘(5) BIOMASS.—The term ‘biomass’ means any
solid, nonhazardous, cellulosic waste material which
is segregated from other waste materials and which is
derived from—
‘‘(A) any of the following forest-related re-
sources: mill residues, precommercial thinnings,
slash, and brush, but not including old-growth
timber (other than old-growth timber which has
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been permitted or contracted for removal by any
appropriate Federal authority through the Na-
tional Environmental Policy Act or by any ap-
propriate State authority),
‘‘(B) solid wood waste materials, including
waste pallets, crates, dunnage, manufacturing
and construction wood wastes (other than pres-
sure-treated, chemically-treated, or painted wood
wastes), and landscape or right-of-way tree trim-
mings, but not including municipal solid waste
(garbage), gas derived from the biodegradation of
solid waste, or paper that is commonly recycled,
or
‘‘(C) agriculture sources, including orchard
tree crops, vineyard, grain, legumes, sugar, and
other crop by-products or residues.’’.
(c) COORDINATION WITH SECTION 29.—Section 45(c)
(relating to definitions) is amended by adding at the end
the following new paragraph:
‘‘(6) COORDINATION
WITH
SECTION
29.—The
term ‘qualified facility’ shall not include any facility
the production from which is taken into account in
determining any credit under section 29 for the tax-
able year or any prior taxable year.’’.
(d) CLERICAL AMENDMENTS.—
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(1) The heading for subsection (c) of section 45
is amended by inserting ‘‘AND SPECIAL RULES’’ after
‘‘DEFINITIONS’’.
(2) The heading for subsection (d) of section 45
is amended by inserting ‘‘ADDITIONAL’’ before ‘‘DEFI-
NITIONS’’.
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall
apply to electricity sold after the date of the enact-
ment of this Act.
(2) CERTAIN BIOMASS FACILITIES.—With respect
to any facility described in section 45(c)(3)(D)(i) of
the Internal Revenue Code of 1986, as added by this
section, which is placed in service before the date of
the enactment of this Act, the amendments made by
this section shall apply to electricity sold after Decem-
ber 31, 2002.
SEC. 1903. CREDIT FOR ELECTRICITY PRODUCED FROM
SWINE AND BOVINE WASTE NUTRIENTS, GEO-
THERMAL ENERGY, AND SOLAR ENERGY.
(a) 
EXPANSION
OF
QUALIFIED
ENERGY
RE-
SOURCES.—
(1) IN
GENERAL.—Section 45(c)(1) (defining
qualified energy resources), as amended by this Act,
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is amended by striking ‘‘and’’ at the end of subpara-
graph (C), by striking the period at the end of sub-
paragraph (D) and inserting a comma, and by add-
ing at the end the following new subparagraphs:
‘‘(E) swine and bovine waste nutrients,
‘‘(F) geothermal energy, and
‘‘(G) solar energy.’’.
(2) DEFINITIONS.—Section 45(c) (relating to
definitions and special rules), as amended by this
Act, is amended by redesignating paragraph (6) as
paragraph (8) and by inserting after paragraph (5)
the following new paragraphs:
‘‘(6) SWINE AND BOVINE WASTE NUTRIENTS.—
The term ‘swine and bovine waste nutrients’ means
swine and bovine manure and litter, including bed-
ding material for the disposition of manure.
‘‘(7) GEOTHERMAL
ENERGY.—The term ‘geo-
thermal energy’ means energy derived from a geo-
thermal deposit (within the meaning of section
613(e)(2)).’’.
(b) EXTENSION AND MODIFICATION OF PLACED-
IN-SERVICE RULES.—Section 45(c)(3) (relating to
qualified facility), as amended by this Act, is amend-
ed by adding at the end the following new subpara-
graphs:
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‘‘(E) SWINE AND BOVINE WASTE NUTRIENTS
FACILITY.—In the case of a facility using swine
and bovine waste nutrients to produce electricity,
the term ‘qualified facility’ means any facility
owned by the taxpayer which is originally placed
in service after the date of the enactment of this
subparagraph and before January 1, 2007.
‘‘(F) GEOTHERMAL OR SOLAR ENERGY FA-
CILITY.—
‘‘(i) IN GENERAL.—In the case of a fa-
cility using geothermal or solar energy to
produce electricity, the term ‘qualified facil-
ity’ means any facility owned by the tax-
payer which is originally placed in service
after the date of the enactment of this clause
and before January 1, 2007.
‘‘(ii) SPECIAL RULE.—In the case of
any facility described in clause (i), the 5-
year period beginning on the date the facil-
ity was originally placed in service shall be
substituted for the 10-year period in sub-
section (a)(2)(A)(ii).’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to electricity sold after the date of the
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enactment of this Act, in taxable years ending after such
date.
SEC. 1904. TREATMENT OF PERSONS NOT ABLE TO USE EN-
TIRE CREDIT.
(a) IN GENERAL.—Section 45(d) (relating to addi-
tional definitions and special rules), as amended by this
Act, is amended by adding at the end the following new
paragraph:
‘‘(8) TREATMENT OF PERSONS NOT ABLE TO USE
ENTIRE CREDIT.—
‘‘(A) ALLOWANCE OF CREDIT.—
‘‘(i) IN GENERAL.—Except as otherwise
provided in this subsection—
‘‘(I) any credit allowable under
subsection (a) with respect to a quali-
fied facility owned by a person de-
scribed in clause (ii) may be trans-
ferred or used as provided in this
paragraph, and
‘‘(II) the determination as to
whether the credit is allowable shall be
made without regard to the tax-exempt
status of the person.
‘‘(ii) PERSONS DESCRIBED.—A person
is described in this clause if the person is—
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‘‘(I) an organization described in
section 501(c)(12)(C) and exempt from
tax under section 501(a),
‘‘(II) an organization described in
section 1381(a)(2)(C),
‘‘(III) a public utility (as defined
in section 136(c)(2)(B)), which is ex-
empt from income tax under this sub-
title,
‘‘(IV) any State or political sub-
division thereof, the District of Colum-
bia, any possession of the United
States, or any agency or instrumen-
tality of any of the foregoing, or
‘‘(V) any Indian tribal govern-
ment (within the meaning of section
7871) or any agency or instrumen-
tality thereof.
‘‘(B) TRANSFER OF CREDIT.—
‘‘(i) IN GENERAL.—A person described
in subparagraph (A)(ii) may transfer any
credit to which subparagraph (A)(i) applies
through an assignment to any other person
not described in subparagraph (A)(ii). Such
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transfer may be revoked only with the con-
sent of the Secretary.
‘‘(ii) REGULATIONS.—The Secretary
shall prescribe such regulations as necessary
to ensure that any credit described in clause
(i) is claimed once and not reassigned by
such other person.
‘‘(iii) TRANSFER PROCEEDS TREATED
AS ARISING FROM ESSENTIAL GOVERNMENT
FUNCTION.—Any proceeds derived by a per-
son described in subclause (III), (IV), or (V)
of subparagraph (A)(ii) from the transfer of
any credit under clause (i) shall be treated
as arising from the exercise of an essential
government function.
‘‘(C) USE OF CREDIT AS AN OFFSET.—Not-
withstanding any other provision of law, in the
case of a person described in subclause (I), (II),
or (V) of subparagraph (A)(ii), any credit to
which subparagraph (A)(i) applies may be ap-
plied by such person, to the extent provided by
the Secretary of Agriculture, as a prepayment of
any loan, debt, or other obligation the entity has
incurred under subchapter I of chapter 31 of title
7 of the Rural Electrification Act of 1936 (7
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U.S.C. 901 et seq.), as in effect on the date of the
enactment of the Energy Tax Incentives Act of
2002.
‘‘(D) CREDIT NOT INCOME.—Any transfer
under subparagraph (B) or use under subpara-
graph (C) of any credit to which subparagraph
(A)(i) applies shall not be treated as income for
purposes of section 501(c)(12).
‘‘(E) TREATMENT
OF
UNRELATED
PER-
SONS.—For purposes of subsection (a)(2)(B),
sales among and between persons described in
subparagraph (A)(ii) shall be treated as sales be-
tween unrelated parties.’’.
(b) CREDITS NOT REDUCED BY TAX-EXEMPT BONDS
OR CERTAIN OTHER SUBSIDIES.—Section 45(b)(3) (relat-
ing to credit reduced for grants, tax-exempt bonds, sub-
sidized energy financing, and other credits) is amended—
(1) by striking clause (ii),
(2) by redesignating clauses (iii) and (iv) as
clauses (ii) and (iii),
(3) by inserting ‘‘(other than any loan, debt, or
other obligation incurred under subchapter I of chap-
ter 31 of title 7 of the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.), as in effect on the date
of the enactment of the Energy Tax Incentives Act of
736
HR 4 EAS
2002)’’ after ‘‘project’’ in clause (ii) (as so redesig-
nated),
(4) by adding at the end the following new sen-
tence: ‘‘This paragraph shall not apply with respect
to 
any 
facility 
described 
in 
subsection
(c)(3)(B)(i)(II).’’, and
(5) by striking ‘‘TAX-EXEMPT
BONDS,’’ in the
heading and inserting ‘‘CERTAIN’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to electricity sold after the date of the
enactment of this Act, in taxable years ending after such
date.
SEC. 1905. CREDIT FOR ELECTRICITY PRODUCED FROM
SMALL IRRIGATION POWER.
(a) IN GENERAL.—Section 45(c)(1) (defining qualified
energy resources), as amended by this Act, is amended by
striking ‘‘and’’ at the end of subparagraph (F), by striking
the period at the end of subparagraph (G) and inserting
‘‘, and’’, and by adding at the end the following new sub-
paragraph:
‘‘(H) small irrigation power.’’.
(b) QUALIFIED FACILITY.—Section 45(c)(3) (relating
to qualified facility), as amended by this Act, is amended
by adding at the end the following new subparagraph:
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HR 4 EAS
‘‘(G) SMALL
IRRIGATION
POWER
FACIL-
ITY.—In the case of a facility using small irriga-
tion power to produce electricity, the term ‘quali-
fied facility’ means any facility owned by the
taxpayer which is originally placed in service
after date of the enactment of this subparagraph
and before January 1, 2007.’’.
(c) DEFINITION.—Section 45(c), as amended by this
Act, is amended by redesignating paragraph (8) as para-
graph (9) and by inserting after paragraph (7) the fol-
lowing new paragraph:
‘‘(8) SMALL
IRRIGATION
POWER.—The term
‘small irrigation power’ means power—
‘‘(A) generated without any dam or im-
poundment of water through an irrigation sys-
tem canal or ditch, and
‘‘(B) the installed capacity of which is less
than 5 megawatts.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to electricity sold after the date of the
enactment of this Act, in taxable years ending after such
date.
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SEC. 1906. CREDIT FOR ELECTRICITY PRODUCED FROM MU-
NICIPAL BIOSOLIDS AND RECYCLED SLUDGE.
(a) IN GENERAL.—Section 45(c)(1) (defining qualified
energy resources), as amended by this Act, is amended by
striking ‘‘and’’ at the end of subparagraph (F), by striking
the period at the end of subparagraph (G), and by adding
at the end the following new subparagraphs:
‘‘(H) municipal biosolids, and
‘‘(I) recycled sludge.’’.
(b) QUALIFIED FACILITIES.—Section 45(c)(3) (relat-
ing to qualified facility), as amended by this Act, is amend-
ed by adding at the end the following new subparagraphs:
‘‘(G) MUNICIPAL BIOSOLIDS FACILITY.—In
the case of a facility using municipal biosolids
to produce electricity, the term ‘qualified facility’
means any facility owned by the taxpayer which
is originally placed in service after December 31,
2001, and before January 1, 2007.
‘‘(H) RECYCLED SLUDGE FACILITY.—
‘‘(i) IN GENERAL.—In the case of a fa-
cility using recycled sludge to produce elec-
tricity, the term ‘qualified facility’ means
any facility owned by the taxpayer which is
originally placed in service before January
1, 2007.
739
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‘‘(ii) SPECIAL RULE.—In the case of a
qualified facility described in clause (i), the
10-year period referred to in subsection (a)
shall be treated as beginning no earlier than
the date of the enactment of this subpara-
graph.’’.
(c) DEFINITIONS.—Section 45(c), as amended by this
Act, is amended by redesignating paragraph (8) as para-
graph (10) and by inserting after paragraph (7) the fol-
lowing new paragraphs:
‘‘(8) MUNICIPAL BIOSOLIDS.—The term ‘munic-
ipal biosolids’ means the residue or solids removed by
a municipal wastewater treatment facility.
‘‘(9) RECYCLED SLUDGE.—
‘‘(A) IN
GENERAL.—The term ‘recycled
sludge’ means the recycled residue byproduct cre-
ated in the treatment of commercial, industrial,
municipal, or navigational wastewater.
‘‘(B) 
RECYCLED.—The 
term 
‘recycled’
means the processing of residue into a market-
able product, but does not include incineration
for the purpose of volume reduction.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to electricity sold after the date of the
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enactment of this Act, in taxable years ending after such
date.
TITLE XX—ALTERNATIVE MOTOR
VEHICLES AND FUELS INCEN-
TIVES
SEC. 2001. ALTERNATIVE MOTOR VEHICLE CREDIT.
(a) IN GENERAL.—Subpart B of part IV of subchapter
A of chapter 1 (relating to foreign tax credit, etc.) is amend-
ed by adding at the end the following new section:
‘‘SEC. 30B. ALTERNATIVE MOTOR VEHICLE CREDIT.
‘‘(a) ALLOWANCE OF CREDIT.—There shall be allowed
as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the sum of—
‘‘(1) the new qualified fuel cell motor vehicle
credit determined under subsection (b),
‘‘(2) the new qualified hybrid motor vehicle cred-
it determined under subsection (c), and
‘‘(3) the new qualified alternative fuel motor ve-
hicle credit determined under subsection (d).
‘‘(b) NEW QUALIFIED FUEL CELL MOTOR VEHICLE
CREDIT.—
‘‘(1) IN GENERAL.—For purposes of subsection
(a), the new qualified fuel cell motor vehicle credit de-
termined under this subsection with respect to a new
741
HR 4 EAS
qualified fuel cell motor vehicle placed in service by
the taxpayer during the taxable year is—
‘‘(A) $4,000, if such vehicle has a gross ve-
hicle weight rating of not more than 8,500
pounds,
‘‘(B) $10,000, if such vehicle has a gross ve-
hicle weight rating of more than 8,500 pounds
but not more than 14,000 pounds,
‘‘(C) $20,000, if such vehicle has a gross ve-
hicle weight rating of more than 14,000 pounds
but not more than 26,000 pounds, and
‘‘(D) $40,000, if such vehicle has a gross ve-
hicle weight rating of more than 26,000 pounds.
‘‘(2) INCREASE FOR FUEL EFFICIENCY.—
‘‘(A) IN GENERAL.—The amount determined
under paragraph (1)(A) with respect to a new
qualified fuel cell motor vehicle which is a pas-
senger automobile or light truck shall be in-
creased by—
‘‘(i) $1,000, if such vehicle achieves at
least 150 percent but less than 175 percent
of the 2000 model year city fuel economy,
‘‘(ii) $1,500, if such vehicle achieves at
least 175 percent but less than 200 percent
of the 2000 model year city fuel economy,
742
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‘‘(iii) $2,000, if such vehicle achieves
at least 200 percent but less than 225 per-
cent of the 2000 model year city fuel econ-
omy,
‘‘(iv) $2,500, if such vehicle achieves at
least 225 percent but less than 250 percent
of the 2000 model year city fuel economy,
‘‘(v) $3,000, if such vehicle achieves at
least 250 percent but less than 275 percent
of the 2000 model year city fuel economy,
‘‘(vi) $3,500, if such vehicle achieves at
least 275 percent but less than 300 percent
of the 2000 model year city fuel economy,
and
‘‘(vii) $4,000, if such vehicle achieves
at least 300 percent of the 2000 model year
city fuel economy.
‘‘(B) 2000 MODEL YEAR CITY FUEL ECON-
OMY.—For purposes of subparagraph (A), the
2000 model year city fuel economy with respect
to a vehicle shall be determined in accordance
with the following tables:
‘‘(i) In the case of a passenger auto-
mobile:
The 2000 model year city
‘‘If vehicle inertia weight class is:
fuel economy is:
1,500 or 1,750 lbs ..........................................................................
43.7 mpg
2,000 lbs ..........................................................................................
38.3 mpg
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The 2000 model year city
‘‘If vehicle inertia weight class is:
fuel economy is:
2,250 lbs ..........................................................................................
34.1 mpg
2,500 lbs ..........................................................................................
30.7 mpg
2,750 lbs ..........................................................................................
27.9 mpg
3,000 lbs ..........................................................................................
25.6 mpg
3,500 lbs ..........................................................................................
22.0 mpg
4,000 lbs ..........................................................................................
19.3 mpg
4,500 lbs ..........................................................................................
17.2 mpg
5,000 lbs ..........................................................................................
15.5 mpg
5,500 lbs ..........................................................................................
14.1 mpg
6,000 lbs ..........................................................................................
12.9 mpg
6,500 lbs ..........................................................................................
11.9 mpg
7,000 to 8,500 lbs ...........................................................................
11.1 mpg.
‘‘(ii) In the case of a light truck:
The 2000 model year city
‘‘If vehicle inertia weight class is:
fuel economy is:
1,500 or 1,750 lbs ..........................................................................
37.6 mpg
2,000 lbs ..........................................................................................
33.7 mpg
2,250 lbs ..........................................................................................
30.6 mpg
2,500 lbs ..........................................................................................
28.0 mpg
2,750 lbs ..........................................................................................
25.9 mpg
3,000 lbs ..........................................................................................
24.1 mpg
3,500 lbs ..........................................................................................
21.3 mpg
4,000 lbs ..........................................................................................
19.0 mpg
4,500 lbs ..........................................................................................
17.3 mpg
5,000 lbs ..........................................................................................
15.8 mpg
5,500 lbs ..........................................................................................
14.6 mpg
6,000 lbs ..........................................................................................
13.6 mpg
6,500 lbs ..........................................................................................
12.8 mpg
7,000 to 8,500 lbs ...........................................................................
12.0 mpg.
‘‘(C) VEHICLE INERTIA WEIGHT CLASS.—
For purposes of subparagraph (B), the term ‘ve-
hicle inertia weight class’ has the same meaning
as when defined in regulations prescribed by the
Administrator of the Environmental Protection
Agency for purposes of the administration of title
II of the Clean Air Act (42 U.S.C. 7521 et seq.).
‘‘(3) NEW QUALIFIED FUEL CELL MOTOR VEHI-
CLE.—For purposes of this subsection, the term ‘new
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qualified fuel cell motor vehicle’ means a motor
vehicle—
‘‘(A) which is propelled by power derived
from one or more cells which convert chemical
energy directly into electricity by combining ox-
ygen with hydrogen fuel which is stored on board
the vehicle in any form and may or may not re-
quire reformation prior to use,
‘‘(B) which, in the case of a passenger auto-
mobile or light truck—
‘‘(i) for 2002 and later model vehicles,
has received a certificate of conformity
under the Clean Air Act and meets or ex-
ceeds the equivalent qualifying California
low emission vehicle standard under section
243(e)(2) of the Clean Air Act for that make
and model year, and
‘‘(ii) for 2004 and later model vehicles,
has received a certificate that such vehicle
meets or exceeds the Bin 5 Tier II emission
level established in regulations prescribed by
the Administrator of the Environmental
Protection Agency under section 202(i) of
the Clean Air Act for that make and model
year vehicle,
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‘‘(C) the original use of which commences
with the taxpayer,
‘‘(D) which is acquired for use or lease by
the taxpayer and not for resale, and
‘‘(E) which is made by a manufacturer.
‘‘(c) NEW QUALIFIED HYBRID MOTOR VEHICLE CRED-
IT.—
‘‘(1) IN GENERAL.—For purposes of subsection
(a), the new qualified hybrid motor vehicle credit de-
termined under this subsection with respect to a new
qualified hybrid motor vehicle placed in service by the
taxpayer during the taxable year is the credit amount
determined under paragraph (2).
‘‘(2) CREDIT AMOUNT.—
‘‘(A) IN GENERAL.—The credit amount de-
termined under this paragraph shall be deter-
mined in accordance with the following tables:
‘‘(i) In the case of a new qualified hy-
brid motor vehicle which is a passenger
automobile or light truck and which pro-
vides the following percentage of the max-
imum available power:
‘‘If percentage of the maximum
available power is:
The credit amount is:
At least 5 percent but less than 10 percent .................................
$250
At least 10 percent but less than 20 percent ...............................
$500
At least 20 percent but less than 30 percent ...............................
$750
At least 30 percent .........................................................................
$1,000.
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‘‘(ii) In the case of a new qualified hy-
brid motor vehicle which is a heavy duty
hybrid motor vehicle and which provides the
following percentage of the maximum avail-
able power:
‘‘(I) If such vehicle has a gross ve-
hicle weight rating of not more than
14,000 pounds:
‘‘If percentage of the maximum
available power is:
The credit amount is:
At least 20 percent but less than 30 percent ...............................
$1,000
At least 30 percent but less than 40 percent ...............................
$1,750
At least 40 percent but less than 50 percent ...............................
$2,000
At least 50 percent but less than 60 percent ...............................
$2,250
At least 60 percent .........................................................................
$2,500.
‘‘(II) If such vehicle has a gross
vehicle weight rating of more than
14,000 but not more than 26,000
pounds:
‘‘If percentage of the maximum
available power is:
The credit amount is:
At least 20 percent but less than 30 percent ...............................
$4,000
At least 30 percent but less than 40 percent ...............................
$4,500
At least 40 percent but less than 50 percent ...............................
$5,000
At least 50 percent but less than 60 percent ...............................
$5,500
At least 60 percent .........................................................................
$6,000.
‘‘(III) If such vehicle has a gross
vehicle weight rating of more than
26,000 pounds:
‘‘If percentage of the maximum
available power is:
The credit amount is:
At least 20 percent but less than 30 percent ...............................
$6,000
At least 30 percent but less than 40 percent ...............................
$7,000
At least 40 percent but less than 50 percent ...............................
$8,000
At least 50 percent but less than 60 percent ...............................
$9,000
At least 60 percent .........................................................................
$10,000.
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‘‘(B) INCREASE FOR FUEL EFFICIENCY.—
‘‘(i) AMOUNT.—The amount deter-
mined under subparagraph (A)(i) with re-
spect to a new qualified hybrid motor vehi-
cle which is a passenger automobile or light
truck shall be increased by—
‘‘(I) $500, if such vehicle achieves
at least 125 percent but less than 150
percent of the 2000 model year city
fuel economy,
‘‘(II) 
$1,000, 
if 
such 
vehicle
achieves at least 150 percent but less
than 175 percent of the 2000 model
year city fuel economy,
‘‘(III) $1,500, if such vehicle
achieves at least 175 percent but less
than 200 percent of the 2000 model
year city fuel economy,
‘‘(IV) $2,000, if such vehicle
achieves at least 200 percent but less
than 225 percent of the 2000 model
year city fuel economy,
‘‘(V) 
$2,500, 
if 
such 
vehicle
achieves at least 225 percent but less
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than 250 percent of the 2000 model
year city fuel economy, and
‘‘(VI) $3,000, if such vehicle
achieves at least 250 percent of the
2000 model year city fuel economy.
‘‘(ii) 2000 MODEL
YEAR
CITY
FUEL
ECONOMY.—For purposes of clause (i), the
2000 model year city fuel economy with re-
spect to a vehicle shall be determined using
the tables provided in subsection (b)(2)(B)
with respect to such vehicle.
‘‘(C) INCREASE
FOR
ACCELERATED
EMIS-
SIONS PERFORMANCE.—The amount determined
under subparagraph (A)(ii) with respect to an
applicable heavy duty hybrid motor vehicle shall
be increased by the increased credit amount de-
termined in accordance with the following tables:
‘‘(i) In the case of a vehicle which has
a gross vehicle weight rating of not more
than 14,000 pounds:
‘‘If the model year is:
The increased credit amount is:
2002 ................................................................................................
$3,500
2003 ................................................................................................
$3,000
2004 ................................................................................................
$2,500
2005 ................................................................................................
$2,000
2006 ................................................................................................
$1,500.
‘‘(ii) In the case of a vehicle which has
a gross vehicle weight rating of more than
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HR 4 EAS
‘‘(C) $25,000, if such vehicle has a gross ve-
hicle weight rating of more than 14,000 pounds
but not more than 26,000 pounds, and
‘‘(D) $40,000, if such vehicle has a gross ve-
hicle weight rating of more than 26,000 pounds.
‘‘(4) QUALIFIED ALTERNATIVE FUEL MOTOR VE-
HICLE DEFINED.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified al-
ternative fuel motor vehicle’ means any motor
vehicle—
‘‘(i) which is only capable of operating
on an alternative fuel,
‘‘(ii) the original use of which com-
mences with the taxpayer,
‘‘(iii) which is acquired by the tax-
payer for use or lease, but not for resale,
and
‘‘(iv) which is made by a manufac-
turer.
‘‘(B) ALTERNATIVE FUEL.—The term ‘alter-
native fuel’ means compressed natural gas, lique-
fied natural gas, liquefied petroleum gas, hydro-
gen, and any liquid at least 85 percent of the
volume of which consists of methanol.
‘‘(5) CREDIT FOR MIXED-FUEL VEHICLES.—