IB
Union Calendar No. 106
107TH CONGRESS
1ST SESSION
H. R. 2460
[Report No. 107–177]
To authorize appropriations for environmental research and development,
scientific and energy research, development, and demonstration, and com-
mercial application of energy technology programs, projects, and activities
of the Department of Energy and of the Office of Air and Radiation
of the Environmental Protection Agency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2001
Mr. BOEHLERT introduced the following bill; which was referred to the
Committee on Science
JULY 31, 2001
Additional sponsors: Mr. SMITH of Michigan, Mr. MATHESON, Mr. EHLERS,
Ms. HART, Mrs. BIGGERT, Mr. COSTELLO, Mr. BACA, Ms. WOOLSEY,
and Mr. UDALL of Colorado
JULY 31, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 11, 2001]
A BILL
To authorize appropriations for environmental research and
development, scientific and energy research, development,
and demonstration, and commercial application of energy
technology programs, projects, and activities of the De-
partment of Energy and of the Office of Air and Radi-
ation of the Environmental Protection Agency, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Energy Research and Technology Act of
2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Goals.
Sec. 5. Definitions.
Sec. 6. Authorizations.
Sec. 7. Balance of funding priorities.
TITLE I—ENERGY CONSERVATION AND ENERGY EFFICIENCY
Subtitle A—Alternative Fuel Vehicles
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Pilot program.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
Subtitle B—Distributed Power Hybrid Energy Systems
Sec. 121. Findings.
Sec. 122. Definitions.
Sec. 123. Strategy.
Sec. 124. High power density industry program.
Sec. 125. Micro-cogeneration energy technology.
Sec. 126. Program plan.
Sec. 127. Report.
Sec. 128. Voluntary consensus standards.
Subtitle C—Secondary Electric Vehicle Battery Use
Sec. 131. Definitions.
Sec. 132. Establishment of secondary electric vehicle battery use program.
Sec. 133. Authorization of appropriations.
Subtitle D—Green School Buses
Sec. 141. Short title.
Sec. 142. Establishment of pilot program.
Sec. 143. Fuel cell bus development and demonstration program.
Sec. 144. Authorization of appropriations.
Subtitle E—Next Generation Lighting Initiative
Sec. 151. Short title.
Sec. 152. Definition.
Sec. 153. Next Generation Lighting Initiative.
Sec. 154. Study.
Sec. 155. Grant program.
Subtitle F—Department of Energy Authorization of Appropriations
Sec. 161. Authorization of appropriations.
Subtitle G—Environmental Protection Agency Office of Air and Radiation
Authorization of Appropriations
Sec. 171. Short title.
Sec. 172. Authorization of appropriations.
Sec. 173. Limits on use of funds.
Sec. 174. Cost sharing.
Sec. 175. Limitation on demonstration and commercial applications of energy
technology.
Sec. 176. Reprogramming.
Sec. 177. Budget request format.
Sec. 178. Other provisions.
Subtitle H—National Building Performance Initiative
Sec. 181. National Building Performance Initiative.
TITLE II—RENEWABLE ENERGY
Subtitle A—Hydrogen
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Reports to Congress.
Sec. 205. Hydrogen research and development.
Sec. 206. Demonstrations.
Sec. 207. Technology transfer.
Sec. 208. Coordination and consultation.
Sec. 209. Advisory Committee.
Sec. 210. Authorization of appropriations.
Sec. 211. Repeal.
Subtitle B—Bioenergy
Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Definitions.
Sec. 224. Authorization.
Sec. 225. Authorization of appropriations.
Subtitle C—Transmission Infrastructure Systems
Sec. 241. Transmission infrastructure systems research, development, demonstra-
tion, and commercial application.
Sec. 242. Program plan.
Sec. 243. Report.
Subtitle D—Department of Energy Authorization of Appropriations
Sec. 261. Authorization of appropriations.
TITLE III—NUCLEAR ENERGY
Subtitle A—University Nuclear Science and Engineering
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Department of Energy program.
Sec. 304. Authorization of appropriations.
Subtitle B—Advanced Fuel Recycling Technology Research and Development
Program
Sec. 321. Program.
Subtitle C—Department of Energy Authorization of Appropriations
Sec. 341. Nuclear Energy Research Initiative.
Sec. 342. Nuclear Energy Plant Optimization program.
Sec. 343. Nuclear energy technologies.
Sec. 344. Authorization of appropriations.
TITLE IV—FOSSIL ENERGY
Subtitle A—Clean Coal
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definition.
Sec. 404. Clean Coal Power Initiative.
Sec. 405. Authorization of appropriations.
Sec. 406. Project criteria.
Sec. 407. Clean coal centers of excellence.
Subtitle B—Oil and Gas
Sec. 421. Petroleum-oil technology.
Sec. 422. Gas.
Subtitle C—Ultra-Deepwater and Unconventional Drilling
Sec. 441. Short title.
Sec. 442. Definitions.
Sec. 443. Ultra-deepwater program.
Sec. 444. National Energy Technology Laboratory.
Sec. 445. Advisory Committee.
Sec. 446. Research Organization.
Sec. 447. Grants.
Sec. 448. Plan and funding.
Sec. 449. Audit.
Sec. 450. Fund.
Sec. 451. Sunset.
Subtitle D—Fuel Cells
Sec. 461. Fuel cells.
Subtitle E—Department of Energy Authorization of Appropriations
Sec. 481. Authorization of appropriations.
TITLE V—SCIENCE
Subtitle A—Fusion Energy Sciences
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Plan for fusion experiment.
Sec. 504. Plan for fusion energy sciences program.
Sec. 505. Authorization of appropriations.
Subtitle B—Spallation Neutron Source
Sec. 521. Definition.
Sec. 522. Authorization of appropriations.
Sec. 523. Report.
Sec. 524. Limitations.
Subtitle C—Facilities, Infrastructure, and User Facilities
Sec. 541. Definition.
Sec. 542. Facility and infrastructure support for nonmilitary energy laboratories.
Sec. 543. User facilities.
Subtitle D—Advisory Panel on Office of Science
Sec. 561. Establishment.
Sec. 562. Report.
Subtitle E—Department of Energy Authorization of Appropriations
Sec. 581. Authorization of appropriations.
TITLE VI—MISCELLANEOUS
Subtitle A—General Provisions for the Department of Energy
Sec. 601. Research, development, demonstration, and commercial application of
energy technology programs, projects, and activities.
Sec. 602. Limits on use of funds.
Sec. 603. Cost sharing.
Sec. 604. Limitation on demonstration and commercial application of energy
technology.
Sec. 605. Reprogramming.
Subtitle B—Other Miscellaneous Provisions
Sec. 611. Notice of reorganization.
Sec. 612. Limits on general plant projects.
Sec. 613. Limits on construction projects.
Sec. 614. Authority for conceptual and construction design.
Sec. 615. National Energy Policy Development Group mandated reports.
Sec. 616. Periodic reviews and assessments.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the Nation’s prosperity and way of life are
sustained by energy use;
(2) the growing imbalance between domestic en-
ergy production and consumption means that the Na-
tion is becoming increasingly reliant on imported en-
ergy, which has the potential to undermine the Na-
tion’s economy, standard of living, and national secu-
rity;
(3) energy conservation and energy efficiency
help maximize the use of available energy resources,
reduce energy shortages, lower the Nation’s reliance
on energy imports, mitigate the impacts of high en-
ergy prices, and help protect the environment and
public health;
(4) development of a balanced portfolio of domes-
tic energy supplies will ensure that future generations
of Americans will have access to the energy they need;
(5) energy efficiency technologies, renewable and
alternative energy technologies, and advanced energy
systems technologies will help diversify the Nation’s
energy portfolio with few adverse environmental im-
pacts and are vital to delivering clean energy to fuel
the Nation’s economic growth;
(6) development of reliable, affordable, and envi-
ronmentally sound energy efficiency technologies, re-
newable and alternative energy technologies, and ad-
vanced energy systems technologies will require main-
tenance of a vibrant fundamental scientific knowledge
base and continued scientific and technological inno-
vations that can be accelerated by Federal funding,
whereas commercial deployment of such systems and
technologies are the responsibility of the private sec-
tor;
(7) Federal funding should focus on those pro-
grams, projects, and activities that are long-term,
high-risk, noncommercial, and well-managed, and
that provide the potential for scientific and techno-
logical advances; and
(8) public-private partnerships should be encour-
aged to leverage scarce taxpayer dollars.
SEC. 3. PURPOSES.
The purposes of this Act are to—
(1) protect and strengthen the Nation’s economy,
standard of living, and national security by reducing
dependence on imported energy;
(2) meet future needs for energy services at the
lowest total cost to the Nation, including environ-
mental costs, giving balanced and comprehensive con-
sideration to technologies that improve the efficiency
of energy end uses and that enhance energy supply;
(3) reduce the air, water, and other environ-
mental impacts (including emissions of greenhouse
gases) of energy production, distribution, transpor-
tation, and use through the development of environ-
mentally sustainable energy systems;
(4) consider the comparative environmental im-
pacts of the energy saved or produced by specific pro-
grams, projects, or activities;
(5) maintain the technological competitiveness of
the United States and stimulate economic growth
through the development of advanced energy systems
and technologies;
(6) foster international cooperation by devel-
oping international markets for domestically pro-
duced sustainable energy technologies, and by trans-
ferring environmentally sound, advanced energy sys-
tems and technologies to developing countries to pro-
mote sustainable development;
(7) provide sufficient funding of programs,
projects, and activities that are performance-based
and modeled as public-private partnerships, as ap-
propriate; and
(8) enhance the contribution of a given program,
project, or activity to fundamental scientific knowl-
edge.
SEC. 4. GOALS.
(a) IN GENERAL.—Subject to subsection (b), in order
to achieve the purposes of this Act under section 3, the Sec-
retary should conduct a balanced energy research, develop-
ment, demonstration, and commercial application portfolio
of programs guided by the following goals to meet the pur-
poses of this Act under section 3.
(1) ENERGY CONSERVATION AND ENERGY EFFI-
CIENCY.—
(A) For the Building Technology, State and
Community Sector, the program should develop
technologies, housing components, designs, and
production methods that will, by 2010—
(i) reduce the monthly energy cost of
new housing by 20 percent, compared to the
cost as of the date of the enactment of this
Act;
(ii) cut the environmental impact and
energy use of new housing by 50 percent,
compared to the impact and use as of the
date of the enactment of this Act; and
(iii) improve durability and reduce
maintenance costs by 50 percent compared
to the durability and costs as of the date of
the enactment of this Act.
(B) For the Industry Sector, the program
should, in cooperation with the affected indus-
tries, improve the energy intensity of the major
energy-consuming industries by at least 25 per-
cent by 2010, compared to the energy intensity
as of the date of the enactment of this Act.
(C) For Power Technologies, the program
should, 
in 
cooperation 
with 
the 
affected
industries—
(i) develop a microturbine (40 to 300
kilowatt) that is more than 40 percent more
efficient by 2006, and more than 50 percent
more efficient by 2010, compared to the effi-
ciency as of the date of the enactment of this
Act; and
(ii) develop advanced materials for
combustion systems that reduce emissions of
nitrogen oxides by 30 to 50 percent while
increasing efficiency 5 to 10 percent by
2007, compared to such emissions as of the
date of the enactment of this Act.
(D) For the Transportation Sector, the pro-
gram should, in cooperation with affected
industries—
(i) develop a production prototype pas-
senger automobile that has fuel economy
equivalent to 80 miles per gallon of gasoline
by 2004;
(ii) develop class 7 and 8 heavy duty
trucks and buses with ultra low emissions
and the ability to use an alternative fuel
that has an average fuel economy equivalent
to—
(I) 10 miles per gallon of gasoline
by 2007; and
(II) 13 miles per gallon of gaso-
line by 2010;
(iii) develop a production prototype of
a passenger automobile with zero equivalent
emissions that has an average fuel economy
of 100 miles per gallon of gasoline by 2010;
and
(iv) improve, by 2010, the average fuel
economy of trucks—
(I) in classes 1 and 2 by 300 per-
cent; and
(II) in classes 3 through 6 by 200
percent,
compared to the fuel economy as of the date
of the enactment of this Act.
(2) RENEWABLE ENERGY.—
(A) For Hydrogen Research, to carry out
the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990, as
amended by subtitle A of title II of this Act.
(B) For bioenergy:
(i) The program should reduce the cost
of bioenergy relative to other energy sources
to enable the United States to triple bio-
energy use by 2010.
(ii) For biopower systems, the program
should reduce the cost of such systems to en-
able commercialization of integrated power-
generating technologies that employ gas tur-
bines and fuel cells integrated with bio-
energy gasifiers within five years after the
date of the enactment of this Act.
(iii) For biofuels, the program should
accelerate research, development, and dem-
onstration on advanced enzymatic hydrol-
ysis technology for making ethanol from cel-
lulosic feedstock, with the goal that between
2010 and 2015 ethanol produced from en-
ergy crops would be fully competitive in
terms of price with gasoline as a neat fuel,
in either internal combustion engines or
fuel cell vehicles.
(C) For Geothermal Technology Develop-
ment, the program should focus on advanced con-
cepts for the long term. The first priority should
be high-grade enhanced geothermal systems; the
second priority should be lower grade, hot dry
rock, and geopressured systems; and the third
priority should be support of field demonstra-
tions of enhanced geothermal systems technology,
including sites in lower grade areas to dem-
onstrate the benefits of reservoir concepts to dif-
ferent conditions.
(D) For Hydropower, the program should
provide a new generation of turbine technologies
that will increase generating capacity and will
be less damaging to fish and aquatic ecosystems.
(E) For Concentrating Solar Power, the
program should strengthen ongoing research, de-
velopment, and demonstration combining high-
efficiency and high-temperature receivers with
advanced thermal storage and power cycles, with
the goal of making solar-only power (including
baseload solar power) widely competitive with
fossil fuel power by 2015. The program should
limit or halt its research and development on
power-tower and power-trough technologies be-
cause further refinements to these concepts will
not further their deployment, and should assess
the market prospects for solar dish/engine tech-
nologies to determine whether continued research
and development is warranted.
(F) For Photovoltaic Energy Systems, the
program should pursue research, development,
and demonstration that will, by 2005, increase
the efficiency of thin film modules from the cur-
rent 7 percent to 11 percent in multi-million
watt production; reduce the direct manufac-
turing cost of photovoltaic modules by 30 percent
from the current $2.50 per watt to $1.75 per
watt by 2005; and establish greater than a 20-
year lifetime of photovoltaic systems by improv-
ing the reliability and lifetime of balance-of-sys-
tem components and reducing recurring cost by
40 percent. The program’s top priority should be
the development of sound manufacturing tech-
nologies for thin-film modules, and the program
should make a concerted effort to integrate fun-
damental research and basic engineering re-
search.
(G) For Solar Building Technology Re-
search, the program should complete research
and development on new polymers and manufac-
turing processes to reduce the cost of solar water
heating by 50 percent by 2004, compared to the
cost as of the date of enactment of this Act.
(H) For Wind Energy Systems, the pro-
gram should reduce the cost of wind energy to
three cents per kilowatt-hour at Class 6 (15
miles-per-hour annual average) wind sites by
2004, and 4 cents per kilowatt-hour in Class 4
(13 miles-per-hour annual average) wind sites by
2015, and further if required so that wind power
can be widely competitive with fossil-fuel-based
electricity in a restructured electric industry.
Program research on advanced wind turbine
technology should focus on turbulent flow studies,
durable materials to extend turbine life, blade ef-
ficiency, and higher efficiency operation in low
quality wind regimes.
(I) For Electric Energy Systems and Stor-
age, 
including 
High 
Temperature 
Super-
conducting Research and Development, Energy
Storage Systems, and Transmission Reliability,
the program should develop high capacity super-
conducting transmission lines and generators,
highly reliable energy storage systems, and dis-
tributed generating systems to accommodate
multiple types of energy sources under common
interconnect standards.
(J) For the International Renewable En-
ergy and Renewable Energy Production Incen-
tive programs, and Renewable Program Support,
the program should encourage the commercial
application of renewable energy technologies by
developed and developing countries, State and
local governmental entities and nonprofit electric
cooperatives, and by the competitive domestic
market.
(3) NUCLEAR ENERGY.—
(A) For university nuclear science and en-
gineering, the program should carry out the pro-
visions of subtitle A of title III of this Act.
materials and heat exchangers, environmental
control technologies, gas-stream purification, gas-
separation technology, and sequestration research
and development focused on cost-effective novel
concepts for capturing, reusing or storing, or
otherwise mitigating carbon and other green-
house gas emissions.
(B) For offshore oil and natural gas re-
sources, the program should investigate and de-
velop technologies to—
(i) extract methane hydrates in coastal
waters of the United States, in accordance
with the provisions of the Methane Hydrate
Research and Development Act of 2000; and
(ii) develop natural gas and oil re-
serves in the ultra-deepwater of the Central
and Western Gulf of Mexico. Research and
development on ultra-deepwater resource re-
covery shall focus on improving the safety
and efficiency of such recovery and of sub-
sea production technology used for such re-
covery, while lowering costs.
(C) For transportation fuels, the program
should support a comprehensive transportation
fuels strategy to increase the price elasticity of
oil supply and demand by focusing research on
reducing the cost of producing transportation
fuels from natural gas and indirect liquefaction
of coal.
(5) SCIENCE.—The Secretary, through the Office
of Science, should—
(A) develop and maintain a robust portfolio
of fundamental scientific and energy research,
including High Energy and Nuclear Physics, Bi-
ological and Environmental Research, Basic En-
ergy Sciences (including Materials Sciences,
Chemical Sciences, Engineering and Geosciences,
and Energy Biosciences), Advanced Scientific
Computing, Energy Research and Analysis,
Multiprogram 
Energy 
Laboratories-Facilities
Support, Fusion Energy Sciences, and Facilities
and Infrastructure;
(B) maintain, upgrade, and expand, as ap-
propriate, and in accordance with the provisions
of this Act, the scientific user facilities main-
tained by the Office of Science, and ensure that
they are an integral part of the Department’s
mission for exploring the frontiers of funda-
mental energy sciences; and
(C) ensure that its fundamental energy
sciences programs, where appropriate, help in-
form the applied research and development pro-
grams of the Department.
(b) REVIEW AND ASSESSMENT.—The Secretary shall
perform an assessment that establishes measurable cost and
performance-based goals, or that modifies the goals under
subsection (a), as appropriate, for 2005, 2010, 2015, and
2020 for each of the programs authorized by this Act that
would enable each such program to meet the purposes of
this Act under section 3. Such assessment shall be based
on the latest scientific and technical knowledge, and shall
also take into consideration, as appropriate, the compara-
tive environmental impacts (including emissions of green-
house gases) of the energy saved or produced by specific pro-
grams.
(c) CONSULTATION.—In establishing the measurable
cost and performance-based goals under subsection (b), the
Secretary shall consult with the private sector, institutions
of higher learning, national laboratories, environmental or-
ganizations, professional and technical societies, and any
other persons as the Secretary considers appropriate.
(d) SCHEDULE.—The Secretary shall—
(1) issue and publish in the Federal Register a
set of draft measurable cost and performance-based
goals for the programs authorized by this Act for pub-
lic comment—
(A) in the case of a program established be-
fore the date of the enactment of this Act, not
later than 120 days after the date of the enact-
ment of this Act; and
(B) in the case of a program not established
before the date of the enactment of this Act, not
later than 120 days after the date of establish-
ment of the program;
(2) not later than 60 days after the date of pub-
lication under paragraph (1), after taking into con-
sideration any public comments received, transmit to
the Congress and publish in the Federal Register the
final measurable cost and performance-based goals;
and
(3) update all such cost and performance-based
goals on a biennial basis.
SEC. 5. DEFINITIONS.
For purposes of this Act, except as otherwise
provided—
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Environmental Protection Agency;
(2) the term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Science and the Com-
mittee on Appropriations of the House of Rep-
resentatives; and
(B) the Committee on Energy and Natural
Resources and the Committee on Appropriations
of the Senate;
(3) the term ‘‘Department’’ means the Depart-
ment of Energy; and
(4) the term ‘‘Secretary’’ means the Secretary of
Energy.
SEC. 6. AUTHORIZATIONS.
Authorizations of appropriations under this Act are
for environmental research and development, scientific and
energy research, development, and demonstration, and com-
mercial application of energy technology programs,
projects, and activities.
SEC. 7. BALANCE OF FUNDING PRIORITIES.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the funding of the various programs authorized
by titles I through IV of this Act should remain in the same
proportion to each other as provided in this Act, regardless
of the total amount of funding made available for those pro-
grams.
(b) REPORT TO CONGRESS.—If for fiscal year 2002,
2003, or 2004 the amounts appropriated in general appro-
priations Acts for the programs authorized in titles I
through IV of this Act are not in the same proportion to
one another as are the authorizations for such programs in
this Act, the Secretary and the Administrator shall, within
60 days after the date of the enactment of the last general
appropriations Act appropriating amounts for such pro-
grams, transmit to the appropriate congressional commit-
tees a report describing the programs, projects, and activi-
ties that would have been funded if the proportions provided
for in this Act had been maintained in the appropriations.
The amount appropriated for the program receiving the
highest percentage of its authorized funding for a fiscal year
shall be used as the baseline for calculating the proportional
deficiencies of appropriations for other programs in that
fiscal year.
TITLE 
I—ENERGY 
CONSERVA-
TION 
AND 
ENERGY 
EFFI-
CIENCY
Subtitle A—Alternative Fuel
Vehicles
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ‘‘Alternative Fuel Ve-
hicle Acceleration Act of 2001’’.
SEC. 102. DEFINITIONS.
For the purposes of this subtitle, the following defini-
tions apply:
(1) ALTERNATIVE FUEL VEHICLE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘‘alternative fuel ve-
hicle’’ means a motor vehicle that is powered—
(i) in whole or in part by electricity,
including electricity supplied by a fuel cell;
(ii) by liquefied natural gas;
(iii) by compressed natural gas;
(iv) by liquefied petroleum gas;
(v) by hydrogen;
(vi) by methanol or ethanol at no less
than 85 percent by volume; or
(vii) by propane.
(B) EXCLUSIONS.—The term ‘‘alternative
fuel vehicle’’ does not include—
(i) any vehicle designed to operate sole-
ly on gasoline or diesel derived from fossil
fuels, regardless of whether it can also be
operated on an alternative fuel; or
(ii) any vehicle that the Secretary de-
termines, by rule, does not yield substantial
environmental benefits over a vehicle oper-
ating solely on gasoline or diesel derived
from fossil fuels.
(2) PILOT PROGRAM.—The term ‘‘pilot program’’
means the competitive grant program established
under section 103.
(3) ULTRA-LOW SULFUR DIESEL VEHICLE.—The
term ‘‘ultra-low sulfur diesel vehicle’’ means a vehicle
powered by a heavy-duty diesel engine that—
(A) is fueled by diesel fuel which contains
sulfur at not more than 15 parts per million;
and
(B) emits not more than the lesser of—
(i) for vehicles manufactured in—
(I) model years 2001 through
2003, 3.0 grams per brake horsepower-
hour of nonmethane hydrocarbons and
oxides of nitrogen and .01 grams per
brake horsepower-hour of particulate
matter; and
(II) model years 2004 through
2006, 2.5 grams per brake horsepower-
hour of nonmethane hydrocarbons and
oxides of nitrogen and .01 grams per
brake horsepower-hour of particulate
matter; or
(ii) the emissions of nonmethane hy-
drocarbons, oxides of nitrogen, and particu-
late matter of the best performing tech-
nology of ultra-low sulfur diesel vehicles of
the same type that are commercially avail-
able.
SEC. 103. PILOT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
competitive grant pilot program to provide not more than
15 grants to State governments, local governments, or met-
ropolitan transportation authorities to carry out a project
or projects for the purposes described in subsection (b).
(b) GRANT PURPOSES.—Grants under this section
may be used for the following purposes:
(1) The acquisition of alternative fuel vehicles,
including—
(A) passenger vehicles;
(B) buses used for public transportation or
transportation to and from schools;
(C) delivery vehicles for goods or services;
(D) ground support vehicles at public air-
ports, including vehicles to carry baggage or
push airplanes away from terminal gates; and
(E) motorized two-wheel bicycles, scooters,
or other vehicles for use by law enforcement per-
sonnel or other State or local government or met-
ropolitan transportation authority employees.
(2) The acquisition of ultra-low sulfur diesel ve-
hicles.
(3) Infrastructure necessary to directly support
an alternative fuel vehicle project funded by the grant,
including fueling and other support equipment.
(4) Operation and maintenance of vehicles, in-
frastructure, and equipment acquired as part of a
project funded by the grant.
(c) APPLICATIONS.—
(1) REQUIREMENTS.—The Secretary shall issue
requirements for applying for grants under the pilot
program. At a minimum, the Secretary shall require
that applications be submitted by the head of a State
or local government or a metropolitan transportation
authority, or any combination thereof, and shall
include—
(A) at least one project to enable passengers
or goods to be transferred directly from one alter-
native fuel vehicle or ultra-low sulfur diesel vehi-
cle to another in a linked transportation system;
(B) a description of the projects proposed in
the application, including how they meet the re-
quirements of this subtitle;
(C) an estimate of the ridership or degree of
use of the projects proposed in the application;
(D) an estimate of the air pollution emis-
sions reduced and fossil fuel displaced as a result
of the projects proposed in the application, and
a plan to collect and disseminate environmental
data, related to the projects to be funded under
the grant, over the life of the projects;
(E) a description of how the projects pro-
posed in the application will be sustainable
without Federal assistance after the completion
of the term of the grant;
(F) a complete description of the costs of
each project proposed in the application, includ-
ing acquisition, construction, operation, and
maintenance costs over the expected life of the
project;
(G) a description of which costs of the
projects proposed in the application will be sup-
ported by Federal assistance under this subtitle;
and
(H) documentation to the satisfaction of the
Secretary that diesel fuel containing sulfur at
not more than 15 parts per million is available
for carrying out the projects, and a commitment
by the applicant to use such fuel in carrying out
the projects.
(2) PARTNERS.—An applicant under paragraph
(1) may carry out projects under the pilot program
in partnership with public and private entities.
(d) SELECTION CRITERIA.—In evaluating applica-
tions under the pilot program, the Secretary shall consider
each applicant’s previous experience with similar projects
and shall give priority consideration to applications that—
(1) are most likely to maximize protection of the
environment;
(2) demonstrate the greatest commitment on the
part of the applicant to ensure funding for the pro-
posed projects and the greatest likelihood that each
project proposed in the application will be main-
tained or expanded after Federal assistance under
this subtitle is completed; and
(3) exceed the minimum requirements of sub-
section (c)(1)(A).
(e) PILOT PROJECT REQUIREMENTS.—
(1) MAXIMUM AMOUNT.—The Secretary shall not
provide more than $20,000,000 in Federal assistance
under the pilot program to any applicant.
(2) COST
SHARING.—The Secretary shall not
provide more than 50 percent of the cost, incurred
during the period of the grant, of any project under
the pilot program.
(3) MAXIMUM
PERIOD
OF
GRANTS.—The Sec-
retary shall not fund any applicant under the pilot
program for more than 5 years.
(4) DEPLOYMENT AND DISTRIBUTION.—The Sec-
retary shall seek to the maximum extent practicable
to achieve nationwide deployment of alternative fuel
vehicles through the pilot program, and shall ensure
a broad geographic distribution of project sites.
(5) TRANSFER
OF
INFORMATION
AND
KNOWL-
EDGE.—The Secretary shall establish mechanisms to
ensure that the information and knowledge gained by
participants in the pilot program are transferred
among the pilot program participants and to other
interested parties, including other applicants that
submitted applications.
(f) SCHEDULE.—
(1) PUBLICATION.—Not later than 3 months
after the date of enactment of this Act, the Secretary
shall publish in the Federal Register, Commerce Busi-
ness Daily, and elsewhere as appropriate, a request
for applications to undertake projects under the pilot
program. Applications shall be due within 6 months
of the publication of the notice.
(2) SELECTION.—Not later than 6 months after
the date by which applications for grants are due, the
Secretary shall select by competitive, peer review all
applications for projects to be awarded a grant under
the pilot program.
(g) LIMIT ON FUNDING.—The Secretary shall provide
not less than 20 percent and not more than 25 percent of
the grant funding made available under this section for the
acquisition of ultra-low sulfur diesel vehicles.
SEC. 104. REPORTS TO CONGRESS.
(a) INITIAL REPORT.—Not later than 2 months after
the date grants are awarded under this subtitle, the Sec-
retary shall transmit to the appropriate congressional com-
mittees a report containing—
(1) an identification of the grant recipients and
a description of the projects to be funded;
(2) an identification of other applicants that
submitted applications for the pilot program; and
(3) a description of the mechanisms used by the
Secretary to ensure that the information and knowl-
edge gained by participants in the pilot program are
transferred among the pilot program participants
and to other interested parties, including other appli-
cants that submitted applications.
(b) EVALUATION.—Not later than 3 years after the
date of enactment of this Act, and annually thereafter until
the pilot program ends, the Secretary shall transmit to the
appropriate congressional committees a report containing
an evaluation of the effectiveness of the pilot program, in-
cluding an assessment of the benefits to the environment de-
rived from the projects included in the pilot program as
well as an estimate of the potential benefits to the environ-
ment to be derived from widespread application of alter-
native fuel vehicles and ultra-low sulfur diesel vehicles.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary $200,000,000 to carry out this subtitle, to remain
available until expended.
Subtitle B—Distributed Power
Hybrid Energy Systems
SEC. 121. FINDINGS.
The Congress makes the following findings:
(1) Our ability to take advantage of our renew-
able, indigenous resources in a cost-effective manner
can be greatly advanced through systems that com-
pensate for the intermittent nature of these resources
through distributed power hybrid systems.
(2) Distributed power hybrid systems can—
(A) shelter consumers from temporary en-
ergy price volatility created by supply and de-
mand mismatches;
(B) increase the reliability of energy sup-
ply; and
(C) address significant local differences in
power and economic development needs and re-
source availability that exist throughout the
United States.
(3) Realizing these benefits will require a con-
certed and integrated effort to remove market barriers
to adopting distributed power hybrid systems by—
(A) developing the technological foundation
that enables designing, testing, certifying, and
operating distributed power hybrid systems; and
(B) providing the policy framework that re-
duces such barriers.
(4) While many of the individual distributed
power hybrid systems components are either available
or under development in existing private and public
sector programs, the capabilities to integrate these
components into workable distributed power hybrid
systems that maximize benefits to consumers in a safe
manner often are not coherently being addressed.
SEC. 122. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘distributed power hybrid system’’
means a system using 2 or more distributed power
sources, operated together with associated supporting
equipment, including storage equipment, and software
necessary to provide electric power onsite and to an
electric distribution system; and
(2) the term ‘‘distributed power source’’ means
an independent electric energy source of usually 10
megawatts or less located close to a residential, com-
mercial, or industrial load center, including—
(A) reciprocating engines;
(B) turbines;
(C) microturbines;
(D) fuel cells;
(E) solar electric systems;
(F) wind energy systems;
(G) biopower systems;
(H) geothermal power systems; or
(I) combined heat and power systems.
SEC. 123. STRATEGY.
(a) REQUIREMENT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall develop
and transmit to the Congress a distributed power hybrid
systems strategy showing—
(1) needs best met with distributed power hybrid
systems configurations, especially systems including
one or more solar or renewable power sources; and
(2) technology gaps and barriers (including bar-
riers to efficient connection with the power grid) that
hamper the use of distributed power hybrid systems.
(b) ELEMENTS.—The strategy shall provide for devel-
opment of—
(1) system integration tools (including databases,
computer models, software, sensors, and controls)
needed to plan, design, build, and operate distributed
power hybrid systems for maximum benefits;
(2) tests of distributed power hybrid systems,
power parks, and microgrids, including field tests
and cost-shared demonstrations with industry;
(3) design tools to characterize the benefits of dis-
tributed power hybrid systems for consumers, to re-
duce testing needs, to speed commercialization, and to
generate data characterizing grid operations, includ-
ing interconnection requirements;
(4) precise resource assessment tools to map local
resources for distributed power hybrid systems; and
(5) a comprehensive research, development, dem-
onstration, and commercial application program to
ensure the reliability, efficiency, and environmental
integrity of distributed energy resources, focused on
filling gaps in distributed power hybrid systems tech-
nologies identified under subsection (a)(2), which may
include—
(A) integration of a wide variety of ad-
vanced technologies into distributed power hy-
brid systems;
(B) energy storage devices;
(C) environmental control technologies;
(D) interconnection standards, protocols,
and equipment; and
(E) ancillary equipment for dispatch and
control.
(c) IMPLEMENTATION AND INTEGRATION.—The Sec-
retary shall implement the strategy transmitted under sub-
section (a) and the research program under subsection
(b)(5). Activities pursuant to the strategy shall be inte-
grated with other activities of the Department’s Office of
Power Technologies.
SEC. 124. HIGH POWER DENSITY INDUSTRY PROGRAM.
(a) IN GENERAL.—The Secretary shall develop and
implement a comprehensive research, development, dem-
onstration, and commercial application program to im-
prove energy efficiency, reliability, and environmental re-
sponsibility in high power density industries, such as data
centers, server farms, telecommunications facilities, and
heavy industry.
(b) AREAS.—In carrying out this section, the Sec-
retary shall consider technologies that provide—
(1) significant improvement in efficiency of high
power density facilities, and in data and tele-
communications centers, using advanced thermal con-
trol technologies;
(2) significant improvements in air-conditioning
efficiency in facilities such as data centers and tele-
communications facilities;
(3) significant advances in peak load reduction;
and
(4) advanced real time metering and load man-
agement and control devices.
(c) IMPLEMENTATION AND INTEGRATION.—Activities
pursuant to this program shall be integrated with other ac-
tivities of the Department’s Office of Power Technologies.
SEC. 125. MICRO-COGENERATION ENERGY TECHNOLOGY.
The Secretary shall make competitive, merit-based
grants to consortia of private sector entities for the develop-
ment of micro-cogeneration energy technology. The con-
sortia shall explore the creation of small-scale combined
heat and power through the use of residential heating appli-
ances. There are authorized to be appropriated to the Sec-
retary $20,000,000 to carry out this section, to remain
available until expended.
SEC. 126. PROGRAM PLAN.
Within 4 months after the date of enactment of this
Act, the Secretary, in consultation with other appropriate
Federal agencies, shall prepare and transmit to the Con-
gress a 5-year program plan to guide activities under this
subtitle. In preparing the program plan, the Secretary shall
consult with appropriate representatives of the distributed
energy resources, power transmission, and high power den-
sity industries to prioritize appropriate program areas. The
Secretary shall also seek the advice of utilities, energy serv-
ices providers, manufacturers, institutions of higher learn-
ing, other appropriate State and local agencies, environ-
mental organizations, professional and technical societies,
and any other persons the Secretary considers appropriate.
SEC. 127. REPORT.
Two years after date of enactment of this Act and at
two year intervals thereafter, the Secretary, jointly with
other appropriate Federal agencies, shall transmit a report
to Congress describing the progress made to achieve the pur-
poses of this subtitle.
SEC. 128. VOLUNTARY CONSENSUS STANDARDS.
Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the National
Institute of Standards and Technology, shall work with the
Institute of Electrical and Electronic Engineers and other
standards development organizations toward the develop-
ment of voluntary consensus standards for distributed en-
ergy systems for use in manufacturing and using equip-
ment and systems for connection with electric distribution
systems, for obtaining electricity from, or providing elec-
tricity to, such systems.
Subtitle C—Secondary Electric
Vehicle Battery Use
SEC. 131. DEFINITIONS.
For purposes of this subtitle, the term—
(1) ‘‘battery’’ means an energy storage device
that previously has been used to provide motive power
in a vehicle powered in whole or in part by elec-
tricity; and
(2) ‘‘associated equipment’’ means equipment lo-
cated at the location where the batteries will be used
that is necessary to enable the use of the energy stored
in the batteries.
SEC. 132. ESTABLISHMENT OF SECONDARY ELECTRIC VEHI-
CLE BATTERY USE PROGRAM.
(a) PROGRAM.—The Secretary shall establish and con-
duct a research, development, and demonstration program
for the secondary use of batteries where the original use of
such batteries was in transportation applications. Such
program shall be—
(1) designed to demonstrate the use of batteries
in secondary application, including utility and com-
mercial power storage and power quality;
(2) structured to evaluate the performance, in-
cluding longevity of useful service life and costs, of
such batteries in field operations, and evaluate the
necessary supporting infrastructure, including dis-
posal and reuse of batteries; and
(3) coordinated with ongoing secondary battery
use programs underway at the national laboratories
and in industry.
(b) SOLICITATION.—(1) Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
solicit proposals to demonstrate the secondary use of bat-
teries and associated equipment and supporting infrastruc-
ture in geographic locations throughout the United States.
The Secretary may make additional solicitations for pro-
posals if the Secretary determines that such solicitations are
necessary to carry out this section.
(2)(A) Proposals submitted in response to a solicita-
tion under this section shall include—
(i) a description of the project, including the bat-
teries to be used in the project, the proposed locations
and applications for the batteries, the number of bat-
teries to be demonstrated, and the type, characteris-
tics, and estimated life-cycle costs of the batteries com-
pared to other energy storage devices currently used;
(ii) the contribution, if any, of State or local
governments and other persons to the demonstration
project;
(iii) the type of associated equipment to be dem-
onstrated and the type of supporting infrastructure to
be demonstrated; and
(iv) any other information the Secretary con-
siders appropriate.
(B) If the proposal includes a lease arrangement, the
proposal shall indicate the terms of such lease arrangement
for the batteries and associated equipment.
(c) SELECTION OF PROPOSALS.—(1)(A) The Secretary
shall, not later than 3 months after the closing date estab-
lished by the Secretary for receipt of proposals under sub-
section (b), select at least 5 proposals to receive financial
assistance under this section.
(B) No one project selected under this section shall re-
ceive more than 25 percent of the funds authorized under
this section. No more than 3 projects selected under this sec-
tion shall demonstrate the same battery type.
(2) In selecting a proposal under this section, the Sec-
retary shall consider—
(A) the ability of the proposer to acquire the bat-
teries and associated equipment and to successfully
manage and conduct the demonstration project, in-
cluding the reporting requirements set forth in para-
graph (3)(B);
(B) the geographic and climatic diversity of the
projects selected;
(C) the long-term technical and competitive via-
bility of the batteries to be used in the project and of
the original manufacturer of such batteries;
(D) the suitability of the batteries for their in-
tended uses;
(E) the technical performance of the battery, in-
cluding the expected additional useful life and the
battery’s ability to retain energy;
(F) the environmental effects of the use of and
disposal of the batteries proposed to be used in the
project selected;
(G) the extent of involvement of State or local
government and other persons in the demonstration
project and whether such involvement will—
(i) permit a reduction of the Federal cost
share per project; or
(ii) otherwise be used to allow the Federal
contribution to be provided to demonstrate a
greater number of batteries; and
(H) such other criteria as the Secretary considers
appropriate.
(3) CONDITIONS.—The Secretary shall require that—
(A) as a part of a demonstration project, the
users of the batteries provide to the proposer informa-
tion regarding the operation, maintenance, perform-
ance, and use of the batteries, and the proposer pro-
vide such information to the battery manufacturer,
for 3 years after the beginning of the demonstration
project;
(B) the proposer provide to the Secretary such
information regarding the operation, maintenance,
performance, and use of the batteries as the Secretary
may request during the period of the demonstration
project; and
(C) the proposer provide at least 50 percent of
the costs associated with the proposal.
SEC. 133. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary, from amounts authorized under section 161(a), for
purposes of this subtitle—
(1) $1,000,000 for fiscal year 2002;
(2) $7,000,000 for fiscal year 2003; and
(3) $7,000,000 for fiscal year 2004.
Such appropriations may remain available until expended.
Subtitle D—Green School Buses
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ‘‘Clean Green School
Bus Act of 2001’’.
SEC. 142. ESTABLISHMENT OF PILOT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
pilot program for awarding grants on a competitive basis
to eligible entities for the demonstration and commercial
application of alternative fuel school buses and ultra-low
sulfur diesel school buses.
(b) REQUIREMENTS.—Not later than 3 months after
the date of the enactment of this Act, the Secretary shall
establish and publish in the Federal register grant require-
ments on eligibility for assistance, and on implementation
of the program established under subsection (a), including
certification requirements to ensure compliance with this
subtitle.
(c) SOLICITATION.—Not later than 6 months after the
date of the enactment of this Act, the Secretary shall solicit
proposals for grants under this section.
(d) ELIGIBLE RECIPIENTS.—A grant shall be awarded
under this section only—
(1) to a local governmental entity responsible for
providing school bus service for one or more public
school systems; or
(2) jointly to an entity described in paragraph
(1) and a contracting entity that provides school bus
service to the public school system or systems.
(e) TYPES OF GRANTS.—
(1) IN
GENERAL.—Grants under this section
shall be for the demonstration and commercial appli-
cation of technologies to facilitate the use of alter-
native fuel school buses and ultra-low sulfur diesel
school buses in lieu of buses manufactured before
model year 1977 and diesel-powered buses manufac-
tured before model year 1991.
(2) NO ECONOMIC BENEFIT.—Other than the re-
ceipt of the grant, a recipient of a grant under this
section may not receive any economic benefit in con-
nection with the receipt of the grant.
(3) PRIORITY
OF
GRANT
APPLICATIONS.—The
Secretary shall give priority to awarding grants to
applicants who can demonstrate the use of alternative
fuel buses and ultra-low sulfur diesel school buses in
lieu of buses manufactured before model year 1977.
(f) CONDITIONS OF GRANT.—A grant provided under
this section shall include the following conditions:
(1) All buses acquired with funds provided under
the grant shall be operated as part of the school bus
fleet for which the grant was made for a minimum
of 5 years.
(2) Funds provided under the grant may only be
used—
(A) to pay the cost, except as provided in
paragraph (3), of new alternative fuel school
buses or ultra-low sulfur diesel school buses, in-
cluding State taxes and contract fees; and
(B) to provide—
(i) up to 10 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the infra-
structure will only be available to the grant
recipient; and
(ii) up to 15 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the infra-
structure will be available to the grant re-
cipient and to other bus fleets.
(3) The grant recipient shall be required to pro-
vide at least the lesser of 15 percent of the total cost
of each bus received or $15,000 per bus.
(4) In the case of a grant recipient receiving a
grant to demonstrate ultra-low sulfur diesel school
buses, the grant recipient shall be required to provide
documentation to the satisfaction of the Secretary
that diesel fuel containing sulfur at not more than 15
parts per million is available for carrying out the
purposes of the grant, and a commitment by the ap-
plicant to use such fuel in carrying out the purposes
of the grant.
(g) BUSES.—Funding under a grant made under this
section may be used to demonstrate the use only of new al-
ternative fuel school buses or ultra-low sulfur diesel school
buses—
(1) with a gross vehicle weight of greater than
14,000 pounds;
(2) that are powered by a heavy duty engine;
(3) that, in the case of alternative fuel school
buses, emit not more than—
(A) for buses manufactured in model years
2001 and 2002, 2.5 grams per brake horsepower-
hour of nonmethane hydrocarbons and oxides of
nitrogen and .01 grams per brake horsepower-
hour of particulate matter; and
(B) for buses manufactured in model years
2003 through 2006, 1.8 grams per brake horse-
power-hour of nonmethane hydrocarbons and ox-
ides of nitrogen and .01 grams per brake horse-
power-hour of particulate matter; and
(4) that, in the case of ultra-low sulfur diesel
school buses, emit not more than—
(A) for buses manufactured in model years
2001 through 2003, 3.0 grams per brake horse-
power-hour of nonmethane hydrocarbons and ox-
ides of nitrogen and .01 grams per brake horse-
power-hour of particulate matter; and
(B) for buses manufactured in model years
2004 through 2006, 2.5 grams per brake horse-
power-hour of nonmethane hydrocarbons and ox-
ides of nitrogen and .01 grams per brake horse-
power-hour of particulate matter,
except that under no circumstances shall buses be ac-
quired under this section that emit nonmethane hy-
drocarbons, oxides of nitrogen, or particulate matter
at a rate greater than the best performing technology
of ultra-low sulfur diesel school buses commercially
available at the time the grant is made.
(h) DEPLOYMENT AND DISTRIBUTION.—The Secretary
shall seek to the maximum extent practicable to achieve na-
tionwide deployment of alternative fuel school buses through
the program under this section, and shall ensure a broad
geographic distribution of grant awards, with a goal of no
State receiving more than 10 percent of the grant funding
made available under this section for a fiscal year.
(i) LIMIT ON FUNDING.—The Secretary shall provide
not less than 20 percent and not more than 25 percent of
the grant funding made available under this section for any
fiscal year for the acquisition of ultra-low sulfur diesel
school buses.
(j) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘alternative fuel school bus’’ means
a bus powered substantially by electricity (including
electricity supplied by a fuel cell), or by liquefied nat-
ural gas, compressed natural gas, liquefied petroleum
gas, hydrogen, propane, or methanol or ethanol at no
less than 85 percent by volume; and
(2) the term ‘‘ultra-low sulfur diesel school bus’’
means a school bus powered by diesel fuel which con-
tains sulfur at not more than 15 parts per million.
SEC. 143. FUEL CELL BUS DEVELOPMENT AND DEMONSTRA-
TION PROGRAM.
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary
shall establish a program for entering into cooperative
agreements with private sector fuel cell bus developers for
the development of fuel cell-powered school buses, and subse-
quently with not less than 2 units of local government using
natural gas-powered school buses and such private sector
fuel cell bus developers to demonstrate the use of fuel cell-
powered school buses.
(b) COST SHARING.—The non-Federal contribution for
activities funded under this section shall be not less than—
(1) 20 percent for fuel infrastructure develop-
ment activities; and
(2) 50 percent for demonstration activities and
for development activities not described in paragraph
(1).
(c) FUNDING.—No more than $25,000,000 of the
amounts authorized under section 144 may be used for car-
rying out this section for the period encompassing fiscal
years 2002 through 2006.
(d) REPORTS TO CONGRESS.—Not later than 3 years
after the date of the enactment of this Act, and not later
than October 1, 2006, the Secretary shall transmit to the
appropriate congressional committees a report that—
(1) evaluates the process of converting natural
gas infrastructure to accommodate fuel cell-powered
school buses; and
(2) assesses the results of the development and
demonstration program under this section.
SEC. 144. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary for carrying out this subtitle, to remain available
until expended—
(1) $40,000,000 for fiscal year 2002;
(2) $50,000,000 for fiscal year 2003;
(3) $60,000,000 for fiscal year 2004;
(4) $70,000,000 for fiscal year 2005; and
(5) $80,000,000 for fiscal year 2006.
Subtitle E—Next Generation
Lighting Initiative
SEC. 151. SHORT TITLE.
This subtitle may be cited as ‘‘Next Generation Light-
ing Initiative Act’’.
SEC. 152. DEFINITION.
In this subtitle, the term ‘‘Lighting Initiative’’ means
the ‘‘Next Generation Lighting Initiative’’ established under
section 153(a).
SEC. 153. NEXT GENERATION LIGHTING INITIATIVE.
(a) ESTABLISHMENT.—The Secretary is authorized to
establish a lighting initiative to be known as the ‘‘Next Gen-
eration Lighting Initiative’’ to research, develop, and con-
duct demonstration activities on advanced lighting tech-
nologies, including white light emitting diodes.
(b) RESEARCH OBJECTIVES.—The research objectives
of the Lighting Initiative shall be to develop, by 2011, ad-
vanced lighting technologies that, compared to incandescent
and fluorescent lighting technologies as of the date of the
enactment of this Act, are—
(1) longer lasting;
(2) more energy-efficient; and
(3) cost-competitive.
SEC. 154. STUDY.
(a) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act, the Secretary, in consultation
with other Federal agencies, as appropriate, shall complete
a study on strategies for the development and commercial
application of advanced lighting technologies. The Sec-
retary shall request a review by the National Academies of
Sciences and Engineering of the study under this sub-
section, and shall transmit the results of the study to the
appropriate congressional committees.
(b) REQUIREMENTS.—The study shall—
(1) develop a comprehensive strategy to imple-
ment the Lighting Initiative; and
(2) identify the research and development, manu-
facturing, deployment, and marketing barriers that
must be overcome to achieve a goal of a 25 percent
market penetration by advanced lighting technologies
into the incandescent and fluorescent lighting market
by the year 2012.
(c) IMPLEMENTATION.—As soon as practicable after
the review of the study under subsection (a) is transmitted
to the Secretary by the National Academies of Sciences and
Engineering, the Secretary shall adapt the implementation
of the Lighting Initiative taking into consideration the rec-
ommendations of the National Academies of Sciences and
Engineering.
SEC. 155. GRANT PROGRAM.
(a) IN GENERAL.—Subject to section 603 of this Act,
the Secretary may make merit-based competitive grants to
firms and research organizations that conduct research, de-
velopment, and demonstration projects related to advanced
lighting technologies.
(b) ANNUAL REVIEW.—
(1) IN GENERAL.—An annual independent re-
view of the grant-related activities of firms and re-
search organizations receiving a grant under this sec-
tion shall be conducted by a committee appointed by
the Secretary under the Federal Advisory Committee
Act (5 U.S.C. App.), or, at the request of the Sec-
retary, a committee appointed by the National Acad-
emies of Sciences and Engineering.
(2) 
REQUIREMENTS.—Using 
clearly 
defined
standards established by the Secretary, the review
shall assess technology advances and progress toward
commercialization of the grant-related activities of
firms or research organizations during each fiscal
year of the grant program.
(c) TECHNICAL AND FINANCIAL ASSISTANCE.—The na-
tional laboratories and other Federal agencies, as appro-
priate, shall cooperate with and provide technical and fi-
nancial assistance to firms and research organizations con-
ducting research, development, and demonstration projects
carried out under this subtitle.
Subtitle F—Department of Energy
Authorization of Appropriations
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.
(a) OPERATION AND MAINTENANCE.—In addition to
amounts authorized to be appropriated under section 105,
section 125, and section 144, there are authorized to be ap-
propriated to the Secretary for subtitle B, subtitle C, sub-
title E, and for Energy Conservation operation and mainte-
nance (including Building Technology, State and Commu-
nity Sector (Nongrants), Industry Sector, Transportation
Sector, Power Technologies, and Policy and Management)
$625,000,000 for fiscal year 2002, $700,000,000 for fiscal
year 2003, and $800,000,000 for fiscal year 2004, to remain
available until expended.
(b) LIMITS ON USE OF FUNDS.—None of the funds au-
thorized to be appropriated in subsection (a) may be used
for—
(1) Building Technology, State and Community
Sector—
(A) Residential Building Energy Codes;
(B) Commercial Building Energy Codes;
(C) Lighting and Appliance Standards;
(D) Weatherization Assistance Program; or
(E) State Energy Program; or
(2) Federal Energy Management Program.
Subtitle G—Environmental Protec-
tion Agency Office of Air and
Radiation Authorization of Ap-
propriations
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ‘‘Environmental Pro-
tection Agency Office of Air and Radiation Authorization
Act of 2001’’.
SEC. 172. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Admin-
istrator for the Office of Air and Radiation $156,700,000
for fiscal year 2002, $163,000,000 for fiscal year 2003, and
$169,400,000 for fiscal year 2004 to remain available until
expended, of which—
(1) $28,300,000 for fiscal year 2002, $29,400,000
for fiscal year 2003, and $30,600,000 for fiscal year
2004 shall be for Science; and
(2) 
$128,400,000 
for 
fiscal 
year 
2002,
$133,600,000 for fiscal year 2003, and $138,800,000
for fiscal year 2004 shall be for Climate Change Pro-
tection Programs, of which—
(A) $52,700,000 for fiscal year 2002,
$54,800,000 
for 
fiscal 
year 
2003, 
and
$57,000,000 for fiscal year 2004 shall be for
Buildings;
(B) $32,400,000 for fiscal year 2002,
$33,700,000 
for 
fiscal 
year 
2003, 
and
$35,000,000 for fiscal year 2004 shall be for
Transportation;
(C) $32,000,000 for fiscal year 2002,
$33,300,000 
for 
fiscal 
year 
2003, 
and
$34,600,000 for fiscal year 2004 shall be for In-
dustry;
(D) $1,700,000 for fiscal year 2002,
$1,750,000 for fiscal year 2003, and $1,800,000
for fiscal year 2004 shall be for Carbon Removal;
(E) $2,500,000 for fiscal year 2002,
$2,600,000 for fiscal year 2003, and $2,700,000
for fiscal year 2004 shall be for State and Local
Climate;
(F) 
$6,300,000 
for 
fiscal 
year 
2002,
$6,600,000 for fiscal year 2003, and $6,800,000
for fiscal year 2004 shall be for International
Capacity Building; and
(G) $800,000 for fiscal year 2002, $850,000
for fiscal year 2003, and $900,000 for fiscal year
2004 shall be for Technical Cooperation with In-
dustrial and Developing Countries.
SEC. 173. LIMITS ON USE OF FUNDS.
(a) PRODUCTION
OR PROVISION
OF ARTICLES
OR
SERVICES.—None of the funds authorized to be appro-
priated by this subtitle may be used to produce or provide
articles or services for the purpose of selling the articles or
services to a person outside the Federal Government, unless
the Administrator determines that comparable articles or
services are not available from a commercial source in the
United States.
(b) REQUESTS FOR PROPOSALS.—None of the funds
authorized to be appropriated by this subtitle may be used
by the Environmental Protection Agency to prepare or ini-
tiate Requests for Proposals for a program if the program
has not been authorized by Congress.
SEC. 174. COST SHARING.
(a) RESEARCH AND DEVELOPMENT.—Except as other-
wise provided in this subtitle, for research and development
programs carried out under this subtitle, the Administrator
shall require a commitment from non-Federal sources of at
least 20 percent of the cost of the project. The Administrator
may reduce or eliminate the non-Federal requirement under
this subsection if the Administrator determines that the re-
search and development is of a basic or fundamental nature.
(b) DEMONSTRATION
AND
COMMERCIAL
APPLICA-
TION.—Except as otherwise provided in this subtitle, the
Administrator shall require at least 50 percent of the costs
directly and specifically related to any demonstration or
commercial application project under this subtitle to be pro-
vided from non-Federal sources. The Administrator may re-
duce the non-Federal requirement under this subsection if
the Administrator determines that the reduction is nec-
essary and appropriate considering the technological risks
involved in the project and is necessary to meet the objec-
tives of this subtitle.
(c) CALCULATION
OF AMOUNT.—In calculating the
amount of the non-Federal commitment under subsection
(a) or (b), the Administrator may include personnel, serv-
ices, equipment, and other resources.
SEC. 175. LIMITATION ON DEMONSTRATION AND COMMER-
CIAL 
APPLICATIONS 
OF 
ENERGY 
TECH-
NOLOGY.
The Administrator shall provide funding for scientific
or energy demonstration or commercial application of en-
ergy technology programs, projects, or activities of the Office
of Air and Radiation only for technologies or processes that
can be reasonably expected to yield new, measurable benefits
to the cost, efficiency, or performance of the technology or
process.
SEC. 176. REPROGRAMMING.
(a) 
AUTHORITY.—The 
Administrator 
may 
use
amounts appropriated under this subtitle for a program,
project, or activity other than the program, project, or ac-
tivity for which such amounts were appropriated only if—
(1) the Administrator has transmitted to the ap-
propriate congressional committees a report described
in subsection (b) and a period of 30 days has elapsed
after such committees receive the report;
(2) amounts used for the program, project, or ac-
tivity do not exceed—
(A) 105 percent of the amount authorized
for the program, project, or activity; or
(B) $250,000 more than the amount author-
ized for the program, project, or activity,
whichever is less; and
(3) the program, project, or activity has been
presented to, or requested of, the Congress by the Ad-
ministrator.
(b) REPORT.—(1) The report referred to in subsection
(a) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of the proposed action.
(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this subtitle exceed
the total amount authorized to be appropriated by this sub-
title.
(2) Funds appropriated pursuant to this subtitle may
not be used for an item for which Congress has declined
to authorize funds.
SEC. 177. BUDGET REQUEST FORMAT.
The Administrator shall provide to the appropriate
congressional committees, to be transmitted at the same
time as the Environmental Protection Agency’s annual
budget request submission, a detailed justification for budg-
et authorization for the programs, projects, and activities
for which funds are authorized by this subtitle. Each such
document shall include, for the fiscal year for which funding
is being requested and for the 2 previous fiscal years—
(1) a description of, and funding requested or al-
located for, each such program, project, or activity;
(2) an identification of all recipients of funds to
conduct such programs, projects, and activities; and
(3) an estimate of the amounts to be expended by
each recipient of funds identified under paragraph
(2).
SEC. 178. OTHER PROVISIONS.
(a) ANNUAL OPERATING PLAN AND REPORTS.—The
Administrator shall provide simultaneously to the Com-
mittee on Science of the House of Representatives—
(1) any annual operating plan or other oper-
ational funding document, including any additions or
amendments thereto; and
(2) any report relating to the environmental re-
search or development, scientific or energy research,
development, or demonstration, or commercial appli-
cation of energy technology programs, projects, or ac-
tivities of the Environmental Protection Agency,
provided to any committee of Congress.
(b) NOTICE OF REORGANIZATION.—The Administrator
shall provide notice to the appropriate congressional com-
mittees not later than 15 days before any reorganization
of any environmental research or development, scientific or
energy research, development, or demonstration, or commer-
cial application of energy technology program, project, or
activity of the Office of Air and Radiation.
Subtitle H—National Building
Performance Initiative
SEC. 181. NATIONAL BUILDING PERFORMANCE INITIATIVE.
(a) INTERAGENCY GROUP.—Not later than 3 months
after the date of the enactment of this Act, the Director of
the Office of Science and Technology Policy shall establish
an Interagency Group responsible for the development and
implementation of a National Building Performance Ini-
tiative to address energy conservation and research and de-
velopment and related issues. The National Institute of
Standards and Technology shall provide necessary adminis-
trative support for the Interagency Group.
(b) PLAN.—Not later than 9 months after the date of
the enactment of this Act, the Interagency Group shall
transmit to the Congress a multiyear implementation plan
describing the Federal role in reducing the costs, including
energy costs, of using, owning, and operating commercial,
institutional, residential, and industrial buildings by 30
percent by 2020. The plan shall include—
(1) research, development, and demonstration of
systems and materials for new construction and ret-
rofit, on the building envelope and components; and
(2) the collection and dissemination in a usable
form of research results and other pertinent informa-
tion to the design and construction industry, govern-
ment officials, and the general public.
(c) NATIONAL BUILDING PERFORMANCE ADVISORY
COMMITTEE.—A National Building Performance Advisory
Committee shall be established to advise on creation of the
plan, review progress made under the plan, advise on any
improvements that should be made to the plan, and report
to the Congress on actions that have been taken to advance
the Nation’s capability in furtherance of the plan. The
members shall include representatives of a broad cross-sec-
tion of interests such as the research, technology transfer,
architectural, engineering, and financial communities; ma-
terials and systems suppliers; State, county, and local gov-
ernments; the residential, multifamily, and commercial sec-
tors of the construction industry; and the insurance indus-
try.
(d) REPORT.—The Interagency Group shall, within 90
days after the end of each fiscal year, transmit a report
to the Congress describing progress achieved during the pre-
ceding fiscal year by government at all levels and by the
private sector, toward implementing the plan developed
under subsection (b), and including any amendments to the
plan.
TITLE II—RENEWABLE ENERGY
Subtitle A—Hydrogen
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘‘Robert S. Walker
and George E. Brown, Jr. Hydrogen Energy Act of 2001’’.
SEC. 202. PURPOSES.
Section 102(b) of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 is
amended to read as follows:
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to direct the Secretary to conduct research,
development, and demonstration activities leading to
the production, storage, transportation, and use of hy-
drogen for industrial, commercial, residential, trans-
portation, and utility applications;
‘‘(2) to direct the Secretary to develop a program
of technology assessment, information dissemination,
and education in which Federal, State, and local
agencies, members of the energy, transportation, and
other industries, and other entities may participate;
and
‘‘(3) to develop methods of hydrogen production
that minimize adverse environmental impacts, with
emphasis on efficient and cost-effective production
from renewable energy resources.’’.
SEC. 203. DEFINITIONS.
Section 102(c) of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 is
amended—
(1) by redesignating paragraphs (1) through (3)
as paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as so re-
designated by paragraph (1) of this section, the fol-
lowing new paragraph:
‘‘(1) ‘advisory committee’ means the advisory
committee established under section 108;’’.
SEC. 204. REPORTS TO CONGRESS.
Section 103 of the Spark M. Matsunaga Hydrogen Re-
search, Development, and Demonstration Act of 1990 is
amended to read as follows:
‘‘SEC. 103. REPORTS TO CONGRESS.
‘‘(a) REQUIREMENT.—Not later than 1 year after the
date of the enactment of the Robert S. Walker and George
E. Brown, Jr. Hydrogen Energy Act of 2001, and bienni-
ally thereafter, the Secretary shall transmit to Congress a
detailed report on the status and progress of the programs
and activities authorized under this Act.
‘‘(b) CONTENTS.—A report under subsection (a) shall
include, in addition to any views and recommendations of
the Secretary—
‘‘(1) an assessment of the extent to which the
program is meeting the purposes specified in section
102(b);
‘‘(2) a determination of the effectiveness of the
technology assessment, information dissemination,
and education program established under section 106;
‘‘(3) an analysis of Federal, State, local, and
private sector hydrogen-related research, development,
and demonstration activities to identify productive
areas for increased intergovernmental and private-
public sector collaboration; and
‘‘(4) recommendations of the advisory committee
for any improvements needed in the programs and
activities authorized by this Act.’’.
SEC. 205. HYDROGEN RESEARCH AND DEVELOPMENT.
Section 104 of the Spark M. Matsunaga Hydrogen Re-
search, Development, and Demonstration Act of 1990 is
amended to read as follows:
‘‘SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
shall conduct a hydrogen research and development pro-
gram relating to production, storage, transportation, and
use of hydrogen, with the goal of enabling the private sector
to demonstrate the technical feasibility of using hydrogen
for industrial, commercial, residential, transportation, and
utility applications.
‘‘(b) ELEMENTS.—In conducting the program author-
ized by this section, the Secretary shall—
‘‘(1) give particular attention to developing an
understanding and resolution of critical technical
issues preventing the introduction of hydrogen as an
energy carrier into the marketplace;
‘‘(2) initiate or accelerate existing research and
development in critical technical issues that will con-
tribute to the development of more economical hydro-
gen production, storage, transportation, and use, in-
cluding critical technical issues with respect to pro-
duction (giving priority to those production tech-
niques that use renewable energy resources as their
primary source of energy for hydrogen production),
liquefaction, transmission, distribution, storage, and
use (including use of hydrogen in surface transpor-
tation); and
‘‘(3) survey private sector and public sector hy-
drogen research and development activities worldwide,
and take steps to ensure that research and develop-
ment activities under this section do not—
‘‘(A) duplicate any available research and
development results; or
‘‘(B) displace or compete with the privately
funded hydrogen research and development ac-
tivities of United States industry.
‘‘(c) EVALUATION OF TECHNOLOGIES.—The Secretary
shall evaluate, for the purpose of determining whether to
undertake or fund research and development activities
under this section, any reasonable new or improved tech-
nology that could lead or contribute to the development of
economical hydrogen production, storage, transportation,
and use.
‘‘(d) RESEARCH AND DEVELOPMENT SUPPORT.—The
Secretary is authorized to arrange for tests and demonstra-
tions and to disseminate to researchers and developers in-
formation, data, and other materials necessary to support
the research and development activities authorized under
this section and other efforts authorized under this Act, con-
sistent with section 106 of this Act.
‘‘(e) COMPETITIVE PEER REVIEW.—The Secretary
shall carry out or fund research and development activities
under this section only on a competitive basis using peer
review.
‘‘(f) COST SHARING.—For research and development
programs carried out under this section, the Secretary shall
require a commitment from non-Federal sources of at least
20 percent of the cost of the project. The Secretary may re-
duce or eliminate the non-Federal requirement under this
subsection if the Secretary determines that the research and
development is of a basic or fundamental nature.’’.
SEC. 206. DEMONSTRATIONS.
Section 105 of the Spark M. Matsunaga Hydrogen Re-
search, Development, and Demonstration Act of 1990 is
amended—
(1) in subsection (a), by striking ‘‘, preferably in
self-contained locations,’’;
(2) in subsection (b), by striking ‘‘at self-con-
tained sites’’ and inserting ‘‘, which shall include a
fuel cell bus demonstration program to address hydro-
gen production, storage, and use in transit bus appli-
cations’’; and
(3) in subsection (c), by inserting ‘‘NON-FED-
ERAL FUNDING REQUIREMENT.—’’ after ‘‘(c)’’.
SEC. 207. TECHNOLOGY TRANSFER.
Section 106 of the Spark M. Matsunaga Hydrogen Re-
search, Development, and Demonstration Act of 1990 is
amended to read as follows:
‘‘SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DIS-
SEMINATION, AND EDUCATION PROGRAM.
‘‘(a) PROGRAM.—The Secretary shall, in consultation
with the advisory committee, conduct a program designed
to accelerate wider application of hydrogen production,
storage, transportation, and use technologies, including ap-
plication in foreign countries to increase the global market
for the technologies and foster global economic development
without harmful environmental effects.
‘‘(b) INFORMATION.—The Secretary, in carrying out
the program authorized by subsection (a), shall—
‘‘(1) undertake an update of the inventory and
assessment, required under section 106(b)(1) of this
Act as in effect before the date of the enactment of the
Robert S. Walker and George E. Brown, Jr. Hydro-
gen Energy Act of 2001, of hydrogen technologies and
their commercial capability to economically produce,
store, transport, or use hydrogen in industrial, com-
mercial, residential, transportation, and utility sec-
tor; and
‘‘(2) develop, with other Federal agencies as ap-
propriate and industry, an information exchange
‘‘SEC. 108. ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT.—The Secretary shall enter into
appropriate arrangements with the National Academies of
Sciences and Engineering to establish an advisory com-
mittee consisting of experts drawn from domestic industry,
academia, Governmental laboratories, and financial, envi-
ronmental, and other organizations, as appropriate, to re-
view and advise on the progress made through the programs
and activities authorized under this Act.
‘‘(b) COOPERATION.—The heads of Federal agencies
shall cooperate with the advisory committee in carrying out
this section and shall furnish to the advisory committee
such information as the advisory committee reasonably
deems necessary to carry out this section.
‘‘(c) REVIEW.—The advisory committee shall review
and make any necessary recommendations to the Secretary
on—
‘‘(1) the implementation and conduct of pro-
grams and activities authorized under this Act; and
‘‘(2) the economic, technological, and environ-
mental consequences of the deployment of hydrogen
production, storage, transportation, and use systems.
‘‘(d) RESPONSIBILITIES
OF
THE SECRETARY.—The
Secretary shall consider, but need not adopt, any rec-
ommendations of the advisory committee under subsection
(c). The Secretary shall provide an explanation of the rea-
sons that any such recommendations will not be imple-
mented and include such explanation in the report to Con-
gress under section 103(a) of this Act.’’.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Spark M. Matsunaga Hydrogen Re-
search, Development, and Demonstration Act of 1990 is
amended to read as follows:
‘‘SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) RESEARCH AND DEVELOPMENT; ADVISORY COM-
MITTEE.—There are authorized to be appropriated to the
Secretary to carry out sections 104 and 108—
‘‘(1) $40,000,000 for fiscal year 2002;
‘‘(2) $45,000,000 for fiscal year 2003;
‘‘(3) $50,000,000 for fiscal year 2004;
‘‘(4) $55,000,000 for fiscal year 2005; and
‘‘(5) $60,000,000 for fiscal year 2006.
‘‘(b) DEMONSTRATION.—There are authorized to be ap-
propriated to the Secretary to carry out section 105—
‘‘(1) $20,000,000 for fiscal year 2002;
‘‘(2) $25,000,000 for fiscal year 2003;
‘‘(3) $30,000,000 for fiscal year 2004;
‘‘(4) $35,000,000 for fiscal year 2005; and
‘‘(5) $40,000,000 for fiscal year 2006.’’.
SEC. 211. REPEAL.
(a) REPEAL.—Title II of the Hydrogen Future Act of
1996 is repealed.
(b) CONFORMING AMENDMENT.—Section 2 of the Hy-
drogen Future Act of 1996 is amended by striking ‘‘titles
II and III’’ and inserting ‘‘title III’’.
Subtitle B—Bioenergy
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ‘‘Bioenergy Act of
2001’’.
SEC. 222. FINDINGS.
Congress finds that bioenergy has potential to help—
(1) meet the Nation’s energy needs;
(2) reduce reliance on imported fuels;
(3) promote rural economic development;
(4) provide for productive utilization of agricul-
tural residues and waste materials, and forestry resi-
dues and byproducts; and
(5) protect the environment.
SEC. 223. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘bioenergy’’ means energy derived
from any organic matter that is available on a re-
newable or recurring basis, including agricultural
crops and trees, wood and wood wastes and residues,
plants (including aquatic plants), grasses, residues,
fibers, and animal and other organic wastes;
(2) the term ‘‘biofuels’’ includes liquid or gaseous
fuels, industrial chemicals, or both;
(3) the term ‘‘biopower’’ includes the generation
of electricity or process steam or both; and
(4) the term ‘‘integrated bioenergy research and
development’’ includes biopower and biofuels applica-
tions.
SEC. 224. AUTHORIZATION.
The Secretary is authorized to conduct environmental
research and development, scientific and energy research,
development, and demonstration, and commercial applica-
tion of energy technology programs, projects, and activities
related to bioenergy, including biopower energy systems,
biofuels energy systems, and integrated bioenergy research
and development.
SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
(a) BIOPOWER ENERGY SYSTEMS.—There are author-
ized to be appropriated to the Secretary for Biopower En-
ergy Systems programs, projects, and activities—
(1) $45,700,000 for fiscal year 2002;
(2) $52,500,000 for fiscal year 2003;
(3) $60,300,000 for fiscal year 2004;
(4) $69,300,000 for fiscal year 2005; and
(5) $79,600,000 for fiscal year 2006.
(b) BIOFUELS ENERGY SYSTEMS.—There are author-
ized to be appropriated to the Secretary for biofuels energy
systems programs, projects, and activities—
(1) $53,500,000 for fiscal year 2002;
(2) $61,400,000 for fiscal year 2003;
(3) $70,600,000 for fiscal year 2004;
(4) $81,100,000 for fiscal year 2005; and
(5) $93,200,000 for fiscal year 2006.
(c) INTEGRATED BIOENERGY RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary for integrated bioenergy research and develop-
ment programs, projects, and activities, $49,000,000 for
each of the fiscal years 2002 through 2006. Activities funded
under this subsection shall be coordinated with ongoing re-
lated programs of other Federal agencies, including the
Plant Genome Program of the National Science Founda-
tion.
(d) INTEGRATED APPLICATIONS.—Amounts authorized
to be appropriated under this subtitle may be used to assist
in the planning, design, and implementation of projects to
convert rice straw and barley grain into biopower or
biofuels.
Subtitle C—Transmission
Infrastructure Systems
SEC. 241. TRANSMISSION INFRASTRUCTURE SYSTEMS RE-
SEARCH, DEVELOPMENT, DEMONSTRATION,
AND COMMERCIAL APPLICATION.
(a) IN GENERAL.—The Secretary shall develop and
implement a comprehensive research, development, dem-
onstration, and commercial application program to ensure
the reliability, efficiency, and environmental integrity of
electrical transmission systems. Such program shall include
advanced energy technologies and systems, high capacity
superconducting transmission lines and generators, ad-
vanced grid reliability and efficiency technologies develop-
ment, technologies contributing to significant load reduc-
tions, advanced metering, load management and control
technologies, and technology transfer and education.
(b) TECHNOLOGY.—In carrying out this subtitle, the
Secretary may include research, development, and dem-
onstration on and commercial application of improved
transmission technologies including the integration of the
following technologies into improved transmission systems:
(1) High temperature superconductivity.
(2) Advanced transmission materials.
(3) Self-adjusting equipment, processes, or soft-
ware for survivability, security, and failure contain-
ment.
(4) Enhancements of energy transfer over exist-
ing lines.
(5) Any other infrastructure technologies, as ap-
propriate.
SEC. 242. PROGRAM PLAN.
Within 4 months after the date of the enactment of this
Act, the Secretary, in consultation with other appropriate
Federal agencies, shall prepare and transmit to Congress
a 5-year program plan to guide activities under this sub-
title. In preparing the program plan, the Secretary shall
consult with appropriate representatives of the trans-
mission infrastructure systems industry to select and
prioritize appropriate program areas. The Secretary shall
also seek the advice of utilities, energy services providers,
manufacturers, institutions of higher learning, other appro-
priate State and local agencies, environmental organiza-
tions, professional and technical societies, and any other
persons as the Secretary considers appropriate.
SEC. 243. REPORT.
Two years after the date of the enactment of this Act,
and at two year intervals thereafter, the Secretary, in con-
sultation with other appropriate Federal agencies, shall
transmit a report to Congress describing the progress made
to achieve the purposes of this subtitle and identifying any
additional resources needed to continue the development
and commercial application of transmission infrastructure
technologies.
Subtitle D—Department of Energy
Authorization of Appropriations
SEC. 261. AUTHORIZATION OF APPROPRIATIONS.
(a) OPERATION AND MAINTENANCE.—There are au-
thorized to be appropriated to the Secretary for Renewable
Energy operation and maintenance, including activities
under subtitle C, Geothermal Technology Development, Hy-
dropower, Concentrating Solar Power, Photovoltaic Energy
Systems, Solar Building Technology Research, Wind En-
ergy Systems, High Temperature Superconducting Re-
search and Development, Energy Storage Systems, Trans-
mission Reliability, International Renewable Energy Pro-
gram, Renewable Energy Production Incentive Program,
Renewable Program Support, National Renewable Energy
Laboratory, and Program Direction, and including
amounts authorized under the amendment made by section
210 
and 
amounts 
authorized 
under 
section 
225,
$535,000,000 for fiscal year 2002, $639,000,000 for fiscal
year 2003, and $683,000,000 for fiscal year 2004, to remain
available until expended.
(b) WAVE POWERED ELECTRIC GENERATION.—Within
the amounts authorized to be appropriated to the Secretary
under subsection (a), the Secretary shall carry out a re-
search program, in conjunction with other appropriate Fed-
eral agencies, on wave powered electric generation.
(c) ASSESSMENT
OF
RENEWABLE
ENERGY
RE-
SOURCES.—
(1) IN
GENERAL.—Using funds authorized in
subsection (a), of this section, the Secretary shall
transmit to the Congress, within one year after the
date of the enactment of this Act, an assessment of all
renewable energy resources available within the
United States.
(2) RESOURCE ASSESSMENT.—Such report shall
include a detailed inventory describing the available
amount and characteristics of solar, wind, biomass,
geothermal, hydroelectric, and other renewable energy
sources, and an estimate of the costs needed to develop
each resource. The report shall also include such other
information as the Secretary believes would be useful
in siting renewable energy generation, such as appro-
priate terrain, population and load centers, nearby
energy infrastructure, and location of energy re-
sources.
(3) AVAILABILITY.—The information and cost es-
timates in this report shall be updated annually and
made available to the public, along with the data used
to create the report.
(4) SUNSET.—This subsection shall expire at the
end of fiscal year 2004.
(d) LIMITS ON USE OF FUNDS.—None of the funds au-
thorized to be appropriated in subsection (a) may be used
for—
(1) Departmental Energy Management Program;
or
(2) Renewable Indian Energy Resources.
TITLE III—NUCLEAR ENERGY
Subtitle A—University Nuclear
Science and Engineering
SEC. 301. SHORT TITLE.
This subtitle may be cited as ‘‘Department of Energy
University Nuclear Science and Engineering Act’’.
SEC. 302. FINDINGS.
The Congress finds the following:
(1) United States university nuclear science and
engineering programs are in a state of serious decline,
with nuclear engineering enrollment at a 35-year low.
Since 1980, the number of nuclear engineering uni-
versity programs has declined nearly 40 percent, and
over two-thirds of the faculty in these programs are
45 years of age or older. Also, since 1980, the number
of university research and training reactors in the
United States has declined by over 50 percent. Most
of these reactors were built in the late 1950s and
1960s with 30-year to 40-year operating licenses, and
many will require relicensing in the next several
years.
(2) A decline in a competent nuclear workforce,
and the lack of adequately trained nuclear scientists
and engineers, will affect the ability of the United
States to solve future nuclear waste storage issues, op-
erate existing and design future fission reactors in the
United States, respond to future nuclear events world-
wide, help stem the proliferation of nuclear weapons,
and design and operate naval nuclear reactors.
(3) The Department of Energy’s Office of Nu-
clear Energy, Science and Technology, a principal
Federal agency for civilian research in nuclear
science and engineering, is well suited to help main-
tain tomorrow’s human resource and training invest-
ment in the nuclear sciences and engineering.
SEC. 303. DEPARTMENT OF ENERGY PROGRAM.
(a) ESTABLISHMENT.—The Secretary, through the Of-
fice of Nuclear Energy, Science and Technology, shall sup-
port a program to maintain the Nation’s human resource
investment and infrastructure in the nuclear sciences and
engineering consistent with the Department’s statutory au-
thorities related to civilian nuclear research, development,
and demonstration and commercial application of energy
technology.
(b) DUTIES OF THE OFFICE OF NUCLEAR ENERGY,
SCIENCE AND TECHNOLOGY.—In carrying out the program
under this subtitle, the Director of the Office of Nuclear En-
ergy, Science and Technology shall—
(1) develop a robust graduate and undergraduate
fellowship program to attract new and talented stu-
dents;
(2) assist universities in recruiting and retain-
ing new faculty in the nuclear sciences and engineer-
ing through a Junior Faculty Research Initiation
Grant Program;
(3) maintain a robust investment in the funda-
mental nuclear sciences and engineering through the
Nuclear Engineering Education Research Program;
(4) encourage collaborative nuclear research
among industry, national laboratories, and univer-
sities through the Nuclear Energy Research Initiative;
(5) assist universities in maintaining reactor in-
frastructure; and
(6) support communication and outreach related
to nuclear science and engineering.
(c) MAINTAINING UNIVERSITY RESEARCH AND TRAIN-
ING REACTORS AND ASSOCIATED INFRASTRUCTURE.—The
Secretary, through the Office of Nuclear Energy, Science
and Technology, shall provide for the following university
research and training reactor infrastructure maintenance
and research activities:
(1) Refueling of university research reactors with
low enriched fuels, upgrade of operational instrumen-
tation, and sharing of reactors among universities.
(2) In collaboration with the United States nu-
clear industry, assistance, where necessary, in reli-
censing and upgrading university training reactors
as part of a student training program.
(3) A university reactor research and training
award program that provides for reactor improve-
ments as part of a focused effort that emphasizes re-
search, training, and education.
(d) UNIVERSITY-DOE LABORATORY INTERACTIONS.—
The Secretary, through the Office of Nuclear Energy,
Science and Technology, shall develop—
(1) a sabbatical fellowship program for univer-
sity faculty to spend extended periods of time at De-
partment of Energy laboratories in the areas of nu-
clear science and technology; and
(2) a visiting scientist program in which labora-
tory staff can spend time in academic nuclear science
and engineering departments.
The Secretary may under subsection (b)(1) provide for fel-
lowships for students to spend time at Department of En-
ergy laboratories in the areas of nuclear science and tech-
nology under the mentorship of laboratory staff.
(e) OPERATIONS AND MAINTENANCE.—To the extent
that the use of a university research reactor is funded under
this subtitle, funds authorized under this subtitle may be
used to supplement operation of the research reactor during
the investigator’s proposed effort. The host institution shall
provide at least 50 percent of the cost of the reactor’s oper-
ation.
(f) MERIT REVIEW REQUIRED.—All grants, contracts,
cooperative agreements, or other financial assistance
awards under this subtitle shall be made only after inde-
pendent merit review.
(g) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Secretary shall prepare
and transmit to the appropriate congressional committees
a 5-year plan on how the programs authorized in this sub-
title will be implemented. The plan shall include a review
of the projected personnel needs in the fields of nuclear
science and engineering and of the scope of nuclear science
and engineering education programs at the Department
and other Federal agencies.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
(a) TOTAL AUTHORIZATION.—The following sums are
authorized to be appropriated to the Secretary, to remain
available until expended, for the purposes of carrying out
this subtitle:
(1) $30,200,000 for fiscal year 2002.
(2) $41,000,000 for fiscal year 2003.
(3) $47,900,000 for fiscal year 2004.
(4) $55,600,000 for fiscal year 2005.
(5) $64,100,000 for fiscal year 2006.
(b) GRADUATE
AND
UNDERGRADUATE
FELLOW-
SHIPS.—Of the funds authorized by subsection (a), the fol-
lowing sums are authorized to be appropriated to carry out
section 303(b)(1):
(1) $3,000,000 for fiscal year 2002.
(2) $3,100,000 for fiscal year 2003.
(3) $3,200,000 for fiscal year 2004.
(4) $3,200,000 for fiscal year 2005.
(5) $3,200,000 for fiscal year 2006.
(c) JUNIOR FACULTY RESEARCH INITIATION GRANT
PROGRAM.—Of the funds authorized by subsection (a), the
following sums are authorized to be appropriated to carry
out section 303(b)(2):
(1) $5,000,000 for fiscal year 2002.
(2) $7,000,000 for fiscal year 2003.
(3) $8,000,000 for fiscal year 2004.
(4) $9,000,000 for fiscal year 2005.
(5) $10,000,000 for fiscal year 2006.
(d) NUCLEAR ENGINEERING EDUCATION RESEARCH
PROGRAM.—Of the funds authorized by subsection (a), the
following sums are authorized to be appropriated to carry
out section 303(b)(3):
(1) $8,000,000 for fiscal year 2002.
(2) $12,000,000 for fiscal year 2003.
(3) $13,000,000 for fiscal year 2004.
(4) $15,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(e) COMMUNICATION AND OUTREACH RELATED TO NU-
CLEAR SCIENCE AND ENGINEERING.—Of the funds author-
ized by subsection (a), the following sums are authorized
to be appropriated to carry out section 303(b)(5):
(1) $200,000 for fiscal year 2002.
(2) $200,000 for fiscal year 2003.
(3) $300,000 for fiscal year 2004.
(4) $300,000 for fiscal year 2005.
(5) $300,000 for fiscal year 2006.
(f) REFUELING OF UNIVERSITY RESEARCH REACTORS
AND INSTRUMENTATION UPGRADES.—Of the funds author-
ized by subsection (a), the following sums are authorized
to be appropriated to carry out section 303(c)(1):
(1) $6,000,000 for fiscal year 2002.
(2) $6,500,000 for fiscal year 2003.
(3) $7,000,000 for fiscal year 2004.
(4) $7,500,000 for fiscal year 2005.
(5) $8,000,000 for fiscal year 2006.
(g) RELICENSING ASSISTANCE.—Of the funds author-
ized by subsection (a), the following sums are authorized
to be appropriated to carry out section 303(c)(2):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
(h) REACTOR RESEARCH AND TRAINING AWARD PRO-
GRAM.—Of the funds authorized by subsection (a), the fol-
lowing sums are authorized to be appropriated to carry out
section 303(c)(3):
(1) $6,000,000 for fiscal year 2002.
(2) $10,000,000 for fiscal year 2003.
(3) $14,000,000 for fiscal year 2004.
(4) $18,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(i) UNIVERSITY-DOE LABORATORY INTERACTIONS.—
Of the funds authorized by subsection (a), the following
sums are authorized to be appropriated to carry out section
303(d):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
Subtitle B—Advanced Fuel Recy-
cling Technology Research and
Development Program
SEC. 321. PROGRAM.
(a) IN GENERAL.—The Secretary, through the Director
of the Office of Nuclear Energy, Science and Technology,
shall conduct an advanced fuel recycling technology re-
search and development program to further the availability
of proliferation-resistant fuel recycling technologies as an
alternative to aqueous reprocessing in support of evaluation
of alternative national strategies for spent nuclear fuel and
the Generation IV advanced reactor concepts, subject to an-
nual review by the Secretary’s Nuclear Energy Research
Advisory Committee or other independent entity, as appro-
priate.
(b) REPORTS.—The Secretary shall report on the ac-
tivities of the advanced fuel recycling technology research
and development program, as part of the Department’s an-
nual budget submission.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section—
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year
2003 and fiscal year 2004.
Subtitle C—Department of Energy
Authorization of Appropriations
SEC. 341. NUCLEAR ENERGY RESEARCH INITIATIVE.
(a) PROGRAM.—The Secretary, through the Office of
Nuclear Energy, Science and Technology, shall conduct a
Nuclear Energy Research Initiative for grants to be com-
petitively awarded and subject to peer review for research
relating to nuclear energy.
(b) OBJECTIVES.—The program shall be directed to-
ward accomplishing the objectives of—
(1) developing advanced concepts and scientific
breakthroughs in nuclear fission and reactor tech-
nology to address and overcome the principal tech-
nical and scientific obstacles to the expanded use of
nuclear energy in the United States;
(2) advancing the state of nuclear technology to
maintain a competitive position in foreign markets
and a future domestic market;
(3) promoting and maintaining a United States
nuclear science and engineering infrastructure to
meet future technical challenges;
(4) providing an effective means to collaborate
on a cost-shared basis with international agencies
and research organizations to address and influence
nuclear technology development worldwide; and
(5) promoting United States leadership and
partnerships in bilateral and multilateral nuclear en-
ergy research.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section—
(1) $60,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year
2003 and fiscal year 2004.
SEC. 342. NUCLEAR ENERGY PLANT OPTIMIZATION PRO-
GRAM.
(a) PROGRAM.—The Secretary, through the Office of
Nuclear Energy, Science and Technology, shall conduct a
Nuclear Energy Plant Optimization research and develop-
ment program jointly with industry and cost-shared by in-
dustry by least 50 percent and subject to annual review by
the Secretary’s Nuclear Energy Research Advisory Com-
mittee or other independent entity, as appropriate.
(b) OBJECTIVES.—The program shall be directed to-
ward accomplishing the objectives of—
(1) managing long-term effects of component
aging; and
(2) improving the efficiency and productivity of
existing nuclear power stations.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section—
(1) $15,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years
2003 and 2004.
SEC. 343. NUCLEAR ENERGY TECHNOLOGIES.
(a) IN GENERAL.—The Secretary, through the Office
of Nuclear Energy, Science and Technology, shall conduct
a study of Generation IV nuclear energy systems, including
development of a technology roadmap and performance of
research and development necessary to make an informed
technical decision regarding the most promising candidates
for commercial application.
(b) REACTOR CHARACTERISTICS.—To the extent prac-
ticable, in conducting the study under subsection (a), the
Secretary shall study nuclear energy systems that offer the
highest probability of achieving the goals for Generation IV
nuclear energy systems, including—
(1) economics competitive with any other genera-
tors;
(2) enhanced safety features, including passive
safety features;
(3) substantially reduced production of high-level
waste, as compared with the quantity of waste pro-
duced by reactors in operation on the date of enact-
ment of this Act;
(4) highly proliferation-resistant fuel and waste;
(5) sustainable energy generation including opti-
mized fuel utilization; and
(6) substantially improved thermal efficiency, as
compared with the thermal efficiency of reactors in
operation on the date of enactment of this Act.
(c) CONSULTATION.—In conducting the study under
subsection (a), the Secretary shall consult with appropriate
representatives of industry, institutions of higher education,
Federal agencies, and international, professional, and tech-
nical organizations.
(d) REPORT.—
(1) IN GENERAL.—Not later than December 31,
2002, the Secretary shall transmit to the appropriate
congressional committees a report describing the ac-
tivities of the Secretary under this section, and plans
for research and development leading to a public/pri-
vate cooperative demonstration of one or more Gen-
eration IV nuclear energy systems.
(2) CONTENTS.—The report shall contain—
(A) an assessment of all available tech-
nologies;
(B) a summary of actions needed for the
most promising candidates to be considered as
viable commercial options within the five to ten
years after the date of the report, with consider-
ation of regulatory, economic, and technical
issues;
(C) a recommendation of not more than
three promising Generation IV nuclear energy
system concepts for further development;
(D) an evaluation of opportunities for pub-
lic/private partnerships;
(E) a recommendation for structure of a
public/private partnership to share in develop-
ment and construction costs;
(F) a plan leading to the selection and con-
ceptual design, by September 30, 2004, of at
least one Generation IV nuclear energy system
concept recommended under subparagraph (C)
for demonstration through a public/private part-
nership;
(G) an evaluation of opportunities for
siting demonstration facilities on Department of
Energy land; and
(H) a recommendation for appropriate in-
volvement of other Federal agencies.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section and to carry out the recommendations in the
report transmitted under subsection (d)—
(1) $20,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year
2003 and fiscal year 2004.
SEC. 344. AUTHORIZATION OF APPROPRIATIONS.
(a) OPERATION AND MAINTENANCE.—There are au-
thorized to be appropriated to the Secretary to carry out
activities authorized under this title for nuclear energy op-
eration and maintenance, including amounts authorized
under sections 304(a), 321(c), 341(c), 342(c), and 343(e),
and including Advanced Radioisotope Power Systems, Test
Reactor Landlord, and Program Direction, $191,200,000
for fiscal year 2002, $199,000,000 for fiscal year 2003, and
TITLE IV—FOSSIL ENERGY
Subtitle A—Clean Coal
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ‘‘National Electricity
and Environmental Technology Research and Development
Act’’.
SEC. 402. FINDINGS.
Congress finds that—
(1) reliable, affordable, increasingly clean elec-
tricity will continue to power the growing United
States economy;
(2) an increasing use of electrotechnologies, the
desire for continuous environmental improvement, a
more competitive electricity market, and concerns
about rising energy prices add importance to the need
for reliable, affordable, increasingly clean electricity;
(3) coal, which, as of the date of enactment of
this Act, accounts for more than 1⁄2 of all electricity
generated in the United States, is the most abundant
fossil energy resource of the United States;
(4) coal comprises more than 85 percent of all
fossil resources in the United States and exists in
quantities sufficient to supply the United States for
250 years at current usage rates;
(5) investments in electricity generating facility
emissions control technology over the past 30 years
have reduced the aggregate emissions of pollutants
from coal-based generating facilities by 21 percent,
even as coal use for electricity generation has nearly
tripled; and
(6) continued environmental improvement in
coal-based generation through continued research, de-
velopment, and demonstration toward an ultimate
goal of near-zero emissions is important and desir-
able.
SEC. 403. DEFINITION.
In this subtitle, the term ‘‘cost and performance-based
goals’’ means the cost and performance-based goals estab-
lished under section 4.
SEC. 404. CLEAN COAL POWER INITIATIVE.
(a) IN GENERAL.—The Secretary shall carry out a
program of research on and development, demonstration,
and commercial application of clean coal technologies
under—
(1) this subtitle;
(2) the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42
U.S.C. 5801 et seq.); and
(4) title XIII of the Energy Policy Act of 1992
(42 U.S.C. 13331 et seq.).
(b) CONDITIONS.—The research, development, dem-
onstration, and commercial application program described
in subsection (a) shall be designed to achieve the cost and
performance-based goals.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) CLEAN COAL POWER INITIATIVE.—Except as pro-
vided in section 406, there are authorized to be appro-
priated to the Secretary to carry out the Clean Coal Power
Initiative under section 404 $200,000,000 for each of the
fiscal years 2002 through 2011, to remain available until
expended.
(b) OTHER COAL AND RELATED TECHNOLOGIES PRO-
GRAMS.—Except as provided in section 406, there are au-
thorized to be appropriated to the Secretary $172,000,000
for fiscal year 2002, $179,000,000 for fiscal year 2003, and
$186,000,000 for fiscal year 2004, to remain available until
expended, for other coal and related technologies research
and development programs, which shall include—
(1) Innovations for Existing Plants;
(2) Integrated Gasification Combined Cycle;
(3) advanced combustion systems;
(4) Turbines;
(5) Sequestration Research and Development;
100
(6) innovative technologies for demonstration;
(7) Transportation Fuels and Chemicals;
(8) Solid Fuels and Feedstocks;
(9) Advanced Fuels Research; and
(10) Advanced Research.
(c) LIMIT ON USE OF FUNDS.—Notwithstanding sub-
sections (a) and (b), no funds may be used to carry out
the activities authorized by this subtitle after September 30,
2002, unless the Secretary has transmitted to the appro-
priate congressional committees the report required by this
subsection and 1 month have elapsed since that trans-
mission. The report shall include—
(1) with respect to subsection (a), a 10-year plan
containing—
(A) a detailed assessment of whether the ag-
gregate funding levels provided under subsection
(a) are the appropriate funding levels for that
program;
(B) a detailed description of how proposals
will be solicited and evaluated, including a list
of all demonstration activities expected to be un-
dertaken;
(C) a detailed list of technical milestones for
each coal and related technology that will be
pursued;
101
(D) recommendations for a mechanism for
recoupment of Federal funding for successful
commercial projects; and
(E) a detailed description of how the pro-
gram will avoid problems enumerated in General
Accounting Office reports on the Clean Coal
Technology Program, including problems that
have resulted in unspent funds and projects that
failed either financially or scientifically;
(2) with respect to subsection (b), a plan
containing—
(A) a detailed description of how proposals
will be solicited and evaluated, including a list
of all demonstration activities expected to be un-
dertaken; and
(B) a detailed list of technical milestones for
each coal and related technology that will be
pursued; and
(3) a description of how the programs will be
carried out under subsection (a) and subsection (b) so
as to complement each other and not duplicate activi-
ties.
(d) APPLICABILITY.—Subsection (c) shall not apply to
any program, project, or activity begun before September
30, 2001.
102
SEC. 406. PROJECT CRITERIA.
(a) IN GENERAL.—The Secretary shall not provide
funding for any research, development, demonstration, or
commercial application of coal and related technologies that
do not advance efficiency, environmental performance, and
cost competitiveness well beyond the level of technologies
that are in operation or have been demonstrated as of the
date of the enactment of this Act.
(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER
INITIATIVE.—
(1) SEQUESTRATION AND GASIFICATION.—(A) In
allocating the funds authorized under section 405(a),
the Secretary shall ensure that at least 80 percent of
the funds are used only for projects on carbon seques-
tration, or coal-based gasification technologies, in-
cluding gasification combined cycle, gasification fuel
cells, gasification coproduction and hybrid gasifi-
cation/combustion.
(B) The Secretary shall set technical milestones
specifying emissions levels that coal gasification
projects must be designed to and reasonably expected
to achieve. The milestones shall get more restrictive
through the life of the program. The milestones shall
be designed to achieve by 2020 coal gasification
projects able—
(i) to remove 99 percent of sulfur dioxide;
103
(ii) to emit no more than .05 lbs of NOx per
million BTU;
(iii) to remove 95 percent of mercury; and
(iv) to achieve a thermal efficiency of 60
percent (higher heating value).
(2) OTHER
PROJECTS.—For projects not de-
scribed in paragraph (1), the Secretary shall set tech-
nical milestones specifying emissions levels that the
projects must be designed to and reasonably expected
to achieve. The milestones shall get more restrictive
through the life of the program. The milestones shall
be designed to achieve by 2010 projects able—
(A) to remove 97 percent of sulfur dioxide;
(B) to emit no more than .08 lbs of NOx per
million BTU;
(C) to remove 90 percent of mercury; and
(D) to achieve a thermal efficiency of 45
percent (higher heating value).
(c) FINANCIAL CRITERIA.—The Secretary shall not
provide a funding award for any research, development,
demonstration, or commercial application of coal and re-
lated technologies unless the recipient of the award has doc-
umented to the satisfaction of the Secretary that—
(1) the award recipient is financially viable
without the receipt of additional Federal funding;
104
(2) the recipient will provide sufficient informa-
tion to the Secretary for the Secretary to ensure that
the award funds are spent efficiently and effectively;
and
(3) a market exists for the technology being dem-
onstrated or applied, as evidenced by statements of
interest in writing from potential purchasers of the
technology.
(d) FEDERAL SHARE.—The Federal share of the cost
of a coal or related technology project funded by the Sec-
retary shall not exceed 50 percent.
SEC. 407. CLEAN COAL CENTERS OF EXCELLENCE.
As part of the program authorized in section 405(a),
the Secretary shall award competitive, merit-based grants
to universities for the establishment of Centers of Excellence
for Energy Systems of the Future. Such Centers shall be
located at universities with a proven record of conducting
research on, developing, or demonstrating clean coal tech-
nologies. The Secretary shall provide grants to universities
that can show the greatest potential for demonstrating new
clean coal technologies.
105
Subtitle B—Oil and Gas
SEC. 421. PETROLEUM-OIL TECHNOLOGY.
The Secretary shall conduct a program of research, de-
velopment, demonstration, and commercial application on
petroleum-oil technology. The program shall address—
(1) Exploration and Production Supporting Re-
search;
(2) Oil Technology Reservoir Management/Ex-
tension; and
(3) Effective Environmental Protection.
SEC. 422. GAS.
The Secretary shall conduct a program of research, de-
velopment, demonstration, and commercial application on
natural gas technologies. The program shall address—
(1) Exploration and Production;
(2) Infrastructure; and
(3) Effective Environmental Protection.
Subtitle C—Ultra-Deepwater and
Unconventional Drilling
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ‘‘Natural Gas and
Other Petroleum Research, Development, and Demonstra-
tion Act of 2001’’.
SEC. 442. DEFINITIONS.
For purposes of this subtitle—
106
(1) the term ‘‘deepwater’’ means water depths
greater than 200 meters but less than 1,500 meters;
(2) the term ‘‘Fund’’ means the Ultra-Deepwater
and Unconventional Gas Research Fund established
under section 450;
(3) the term ‘‘institution of higher education’’
has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001);
(4) the term ‘‘Research Organization’’ means the
Research Organization created pursuant to section
446(a);
(5) the term ‘‘ultra-deepwater’’ means water
depths greater than 1,500 meters; and
(6) the term ‘‘unconventional’’ means located in
heretofore inaccessible or uneconomic formations on
land.
SEC. 443. ULTRA-DEEPWATER PROGRAM.
The Secretary shall establish a program of research,
development, and demonstration of ultra-deepwater natural
gas and other petroleum exploration and production tech-
nologies, in areas currently available for Outer Continental
Shelf leasing. The program shall be carried out by the Re-
search Organization as provided in this subtitle.
107
SEC. 444. NATIONAL ENERGY TECHNOLOGY LABORATORY.
The National Energy Technology Laboratory and the
United States Geological Survey, when appropriate, shall
carry out programs of long-term research into new natural
gas and other petroleum exploration and production tech-
nologies and environmental mitigation technologies for pro-
duction from unconventional and ultra-deepwater re-
sources, including methane hydrates. Such Laboratory shall
also conduct a program of research, development, and dem-
onstration of new technologies for the reduction of green-
house gas emissions from unconventional and ultra-deep-
water natural gas or other petroleum exploration and pro-
duction activities, including sub-sea floor carbon sequestra-
tion technologies.
SEC. 445. ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary shall, within 3
months after the date of the enactment of this Act, establish
an Advisory Committee consisting of 7 members, each hav-
ing extensive operational knowledge of and experience in
the natural gas and other petroleum exploration and pro-
duction industry who are not Federal Government employ-
ees or contractors. A minimum of 4 members shall have ex-
tensive knowledge of ultra-deepwater natural gas or other
petroleum exploration and production technologies, a min-
imum of 2 members shall have extensive knowledge of un-
conventional natural gas or other petroleum exploration
108
and production technologies, and at least 1 member shall
have extensive knowledge of greenhouse gas emission reduc-
tion technologies, including carbon sequestration.
(b) FUNCTION.—The Advisory Committee shall advise
the Secretary on the selection of an organization to create
the Research Organization and on the implementation of
this subtitle.
(c) COMPENSATION.—Members of the Advisory Com-
mittee shall serve without compensation but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
(d) ADMINISTRATIVE COSTS.—The costs of activities
carried out by the Secretary and the Advisory Committee
under this subtitle shall be paid or reimbursed from the
Fund.
(e) DURATION OF ADVISORY COMMITTEE.—Section 14
of the Federal Advisory Committee Act shall not apply to
the Advisory Committee.
SEC. 446. RESEARCH ORGANIZATION.
(a) SELECTION OF RESEARCH ORGANIZATION.—The
Secretary, within 6 months after the date of the enactment
of this Act, shall solicit proposals from eligible entities for
the creation of the Research Organization, and within 3
109
months after such solicitation, shall select an entity to cre-
ate the Research Organization.
(b) ELIGIBLE ENTITIES.—Entities eligible to create
the Research Organization shall—
(1) have been in existence as of the date of the
enactment of this Act;
(2) be entities exempt from tax under section
501(c)(3) of the Internal Revenue Code of 1986; and
(3) be experienced in planning and managing
programs in natural gas or other petroleum explo-
ration and production research, development, and
demonstration.
(c) PROPOSALS.—A proposal from an entity seeking
to create the Research Organization shall include a detailed
description of the proposed membership and structure of the
Research Organization.
(d) FUNCTIONS.—The Research Organization shall—
(1) award grants on a competitive basis to
qualified—
(A) research institutions;
(B) institutions of higher education;
(C) companies; and
(D) consortia formed among institutions
and companies described in subparagraphs (A)
through (C) for the purpose of conducting re-
110
search, development, and demonstration of un-
conventional and ultra-deepwater natural gas or
other petroleum exploration and production tech-
nologies; and
(2) review activities under those grants to ensure
that they comply with the requirements of this sub-
title and serve the purposes for which the grant was
made.
SEC. 447. GRANTS.
(a) TYPES OF GRANTS.—
(1) UNCONVENTIONAL.—The Research Organiza-
tion shall award grants for research, development,
and demonstration of technologies to maximize the
value of the Government’s natural gas and other pe-
troleum resources in unconventional reservoirs, and to
develop technologies to increase the supply of natural
gas and other petroleum resources by lowering the cost
and improving the efficiency of exploration and pro-
duction of unconventional reservoirs, while improving
safety and minimizing environmental impacts.
(2) ULTRA-DEEPWATER.—The Research Organi-
zation shall award grants for research, development,
and demonstration of natural gas or other petroleum
exploration and production technologies to—
111
(A) maximize the value of the Federal Gov-
ernment’s natural gas and other petroleum re-
sources in the ultra-deepwater areas;
(B) increase the supply of natural gas and
other petroleum resources by lowering the cost
and improving the efficiency of exploration and
production of ultra-deepwater reservoirs; and
(C) improve safety and minimize the envi-
ronmental impacts of ultra-deepwater develop-
ments.
(3) ULTRA-DEEPWATER
ARCHITECTURE.—The
Research Organization shall award a grant to one or
more consortia described in section 446(d)(1)(D) for
the purpose of developing and demonstrating the next
generation architecture for ultra-deepwater produc-
tion of natural gas and other petroleum in further-
ance of the purposes stated in paragraph (2)(A)
through (C).
(b) CONDITIONS
FOR
GRANTS.—Grants provided
under this section shall contain the following conditions:
(1) If the grant recipient consists of more than
one entity, the recipient shall provide a signed con-
tract agreed to by all participating members clearly
defining all rights to intellectual property for existing
technology and for future inventions conceived and
112
developed using funds provided under the grant, in a
manner that is consistent with applicable laws.
(2) There shall be a repayment schedule for Fed-
eral dollars provided for demonstration projects under
the grant in the event of a successful commercializa-
tion of the demonstrated technology. Such repayment
schedule shall provide that the payments are made to
the Secretary with the express intent that these pay-
ments not impede the adoption of the demonstrated
technology in the marketplace. In the event that such
impedance occurs due to market forces or other fac-
tors, the Research Organization shall renegotiate the
grant agreement so that the acceptance of the tech-
nology in the marketplace is enabled.
(3) Applications for grants for demonstration
projects shall clearly state the intended commercial
applications of the technology demonstrated.
(4) The total amount of funds made available
under a grant provided under subsection (a)(3) shall
not exceed 50 percent of the total cost of the activities
for which the grant is provided.
(5) The total amount of funds made available
under a grant provided under subsection (a)(1) or (2)
shall not exceed 50 percent of the total cost of the ac-
tivities covered by the grant, except that the Research
113
Organization may elect to provide grants covering a
higher percentage, not to exceed 90 percent, of total
project costs in the case of grants made solely to inde-
pendent producers.
(6) An appropriate amount of funds provided
under a grant shall be used for the broad dissemina-
tion of technologies developed under the grant to in-
terested institutions of higher education, industry,
and appropriate Federal and State technology entities
to ensure the greatest possible benefits for the public
and use of government resources.
(7) Demonstrations of ultra-deepwater tech-
nologies for which funds are provided under a grant
may be conducted in ultra-deepwater or deepwater lo-
cations.
(c) ALLOCATION
OF FUNDS.—Funds available for
grants under this subtitle shall be allocated as follows:
(1) 15 percent shall be for grants under sub-
section (a)(1).
(2) 15 percent shall be for grants under sub-
section (a)(2).
(3) 60 percent shall be for grants under sub-
section (a)(3).
(4) 10 percent shall be for carrying out section
444.
114
SEC. 448. PLAN AND FUNDING.
(a) TRANSMITTAL TO SECRETARY.—The Research Or-
ganization shall transmit to the Secretary an annual plan
proposing projects and funding of activities under each
paragraph of section 447(a).
(b) REVIEW.—The Secretary shall have 1 month to re-
view the annual plan, and shall approve the plan, if it is
consistent with this subtitle. If the Secretary approves the
plan, the Secretary shall provide funding as proposed in
the plan.
(c) DISAPPROVAL.—If the Secretary does not approve
the plan, the Secretary shall notify the Research Organiza-
tion of the reasons for disapproval and shall withhold fund-
ing until a new plan is submitted which the Secretary ap-
proves. Within 1 month after notifying the Research Orga-
nization of a disapproval, the Secretary shall notify the ap-
propriate congressional committees of the disapproval.
SEC. 449. AUDIT.
The Secretary shall retain an independent, commercial
auditor to determine the extent to which the funds author-
ized by this subtitle have been expended in a manner con-
sistent with the purposes of this subtitle. The auditor shall
transmit a report annually to the Secretary, who shall
transmit the report to the appropriate congressional com-
mittees, along with a plan to remedy any deficiencies cited
in the report.
115
SEC. 450. FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a fund to be known as the
‘‘Ultra-Deepwater and Unconventional Gas Research
Fund’’ which shall be available for obligation to the extent
provided in advance in appropriations Acts for allocation
under section 447(c).
(b) FUNDING SOURCES.—
(1) LOANS FROM TREASURY.—There are author-
ized to be appropriated to the Secretary $900,000,000
for the period encompassing fiscal years 2002 through
2009. Such amounts shall be deposited by the Sec-
retary in the Fund, and shall be considered loans
from the Treasury. Income received by the United
States in connection with any ultra-deepwater oil
and gas leases shall be deposited in the Treasury and
considered as repayment for the loans under this
paragraph.
(2) ADDITIONAL
APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary such
sums as may be necessary for the fiscal years 2002
through 2009, to be deposited in the Fund.
(3) OIL AND GAS LEASE INCOME.—To the extent
provided in advance in appropriations Acts, not more
than 7.5 percent of the income of the United States
116
from Federal oil and gas leases may be deposited in
the Fund for fiscal years 2002 through 2009.
SEC. 451. SUNSET.
No funds are authorized to be appropriated for car-
rying out this subtitle after fiscal year 2009. The Research
Organization shall be terminated when it has expended all
funds made available pursuant to this subtitle.
Subtitle D—Fuel Cells
SEC. 461. FUEL CELLS.
(a) IN GENERAL.—The Secretary shall conduct a pro-
gram of research, development, demonstration, and commer-
cial application on fuel cells. The program shall address—
(1) Advanced Research;
(2) Systems Development;
(3) Vision 21-Hybrids; and
(4) Innovative Concepts.
(b) MANUFACTURING PRODUCTION AND PROCESSES.—
In addition to the program under subsection (a), the Sec-
retary, in consultation other Federal agencies, as appro-
priate, shall establish a program for the demonstration of
fuel cell technologies, including fuel cell proton exchange
membrane technology, for commercial, residential, and
transportation applications. The program shall specifically
focus on promoting the application of and improved manu-
facturing production and processes for fuel cell technologies.
117
(c) AUTHORIZATION OF APPROPRIATIONS.—Within the
amounts authorized to be appropriated under section
481(a), there are authorized to be appropriated to the Sec-
retary for the purpose of carrying out subsection (b),
$28,000,000 for each of fiscal years 2002 through 2004.
Subtitle E—Department of Energy
Authorization of Appropriations
SEC. 481. AUTHORIZATION OF APPROPRIATIONS.
(a) OPERATION AND MAINTENANCE.—There are au-
thorized to be appropriated to the Secretary for operation
and maintenance for subtitle B and subtitle D, and for Fos-
sil Energy Research and Development Headquarters Pro-
gram Direction, Field Program Direction, Plant and Cap-
ital Equipment, Cooperative Research and Development,
Import/Export Authorization, and Advanced Metallurgical
Processes $282,000,000 for fiscal year 2002, $293,000,000
for fiscal year 2003, and $305,000,000 for fiscal year 2004,
to remain available until expended.
(b) LIMITS ON USE OF FUNDS.—None of the funds au-
thorized to be appropriated in subsection (a) may be used
for—
(1) Gas Hydrates.
(2) Fossil Energy Environmental Restoration; or
118
(3) research, development, demonstration, and
commercial application on coal and related tech-
nologies, including activities under subtitle A.
TITLE V—SCIENCE
Subtitle A—Fusion Energy Sciences
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘‘Fusion Energy
Sciences Act of 2001’’.
SEC. 502. FINDINGS.
The Congress finds that—
(1) economic prosperity is closely linked to an
affordable and ample energy supply;
(2) environmental quality is closely linked to en-
ergy production and use;
(3) population, worldwide economic development,
energy consumption, and stress on the environment
are all expected to increase substantially in the com-
ing decades;
(4) the few energy options with the potential to
meet economic and environmental needs for the long-
term future should be pursued as part of a balanced
national energy plan;
(5) fusion energy is an attractive long-term en-
ergy source because of the virtually inexhaustible sup-
119
ply of fuel, and the promise of minimal adverse envi-
ronmental impact and inherent safety;
(6) the National Research Council, the Presi-
dent’s Committee of Advisers on Science and Tech-
nology, and the Secretary of Energy Advisory Board
have each recently reviewed the Fusion Energy
Sciences Program and each strongly supports the fun-
damental science and creative innovation of the pro-
gram, and has confirmed that progress toward the
goal of producing practical fusion energy has been ex-
cellent, although much scientific and engineering
work remains to be done;
(7) each of these reviews stressed the need for a
magnetic fusion burning plasma experiment to ad-
dress key scientific issues and as a necessary step in
the development of fusion energy;
(8) the National Research Council has also called
for a broadening of the Fusion Energy Sciences Pro-
gram research base as a means to more fully integrate
the fusion science community into the broader sci-
entific community; and
(9) the Fusion Energy Sciences Program budget
is inadequate to support the necessary science and in-
novation for the present generation of experiments,
and cannot accommodate the cost of a burning plas-
120
ma experiment constructed by the United States, or
even the cost of key participation by the United
States in an international effort.
SEC. 503. PLAN FOR FUSION EXPERIMENT.
(a) PLAN
FOR UNITED STATES FUSION EXPERI-
MENT.—The Secretary, on the basis of full consultation with
the Fusion Energy Sciences Advisory Committee and the
Secretary of Energy Advisory Board, as appropriate, shall
develop a plan for United States construction of a magnetic
fusion burning plasma experiment for the purpose of accel-
erating scientific understanding of fusion plasmas. The Sec-
retary shall request a review of the plan by the National
Academy of Sciences, and shall transmit the plan and the
review to the Congress by July 1, 2004.
(b) REQUIREMENTS OF PLAN.—The plan described in
subsection (a) shall—
(1) address key burning plasma physics issues;
and
(2) include specific information on the scientific
capabilities of the proposed experiment, the relevance
of these capabilities to the goal of practical fusion en-
ergy, and the overall design of the experiment includ-
ing its estimated cost and potential construction sites.
(c) UNITED STATES PARTICIPATION
IN
AN INTER-
NATIONAL EXPERIMENT.—In addition to the plan described
121
in subsection (a), the Secretary, on the basis of full con-
sultation with the Fusion Energy Sciences Advisory Com-
mittee and the Secretary of Energy Advisory Board, as ap-
propriate, may also develop a plan for United States par-
ticipation in an international burning plasma experiment
for the same purpose, whose construction is found by the
Secretary to be highly likely and where United States par-
ticipation is cost effective relative to the cost and scientific
benefits of a domestic experiment described in subsection
(a). If the Secretary elects to develop a plan under this sub-
section, he shall include the information described in sub-
section (b), and an estimate of the cost of United States
participation in such an international experiment. The
Secretary shall request a review by the National Academies
of Sciences and Engineering of a plan developed under this
subsection, and shall transmit the plan and the review to
the Congress not later than July 1, 2004.
(d) AUTHORIZATION OF RESEARCH AND DEVELOP-
MENT.—The Secretary, through the Fusion Energy Sciences
Program, may conduct any research and development nec-
essary to fully develop the plans described in this section.
SEC. 504. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.
Not later than 6 months after the date of the enactment
of this Act, the Secretary, in full consultation with FESAC,
shall develop and transmit to the Congress a plan for the
122
purpose of ensuring a strong scientific base for the Fusion
Energy Sciences Program and to enable the experiments de-
scribed in section 503. Such plan shall include as its
objectives—
(1) to ensure that existing fusion research facili-
ties and equipment are more fully utilized with ap-
propriate measurements and control tools;
(2) to ensure a strengthened fusion science theory
and computational base;
(3) to ensure that the selection of and funding
for new magnetic and inertial fusion research facili-
ties is based on scientific innovation and cost effec-
tiveness;
(4) to improve the communication of scientific
results and methods between the fusion science com-
munity and the wider scientific community;
(5) to ensure that adequate support is provided
to optimize the design of the magnetic fusion burning
plasma experiments referred to in section 503;
(6) to ensure that inertial confinement fusion fa-
cilities are utilized to the extent practicable for the
purpose of inertial fusion energy research and devel-
opment;
(7) to develop a roadmap for a fusion-based en-
ergy source that shows the important scientific ques-
123
tions, the evolution of confinement configurations, the
relation between these two features, and their relation
to the fusion energy goal;
(8) to establish several new centers of excellence,
selected through a competitive peer-review process and
devoted to exploring the frontiers of fusion science;
(9) to ensure that the National Science Founda-
tion, and other agencies, as appropriate, play a role
in extending the reach of fusion science and in spon-
soring general plasma science; and
(10) to ensure that there be continuing broad as-
sessments of the outlook for fusion energy and periodic
external reviews of fusion energy sciences.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary for the development and review, but not for imple-
mentation, of the plans described in this subtitle and for
activities of the Fusion Energy Sciences Program
$320,000,000 for fiscal year 2002 and $335,000,000 for fis-
cal year 2003, of which up to $15,000,000 for each of fiscal
year 2002 and fiscal year 2003 may be used to establish
several new centers of excellence, selected through a competi-
tive peer-review process and devoted to exploring the fron-
tiers of fusion science.
124
Subtitle B—Spallation Neutron
Source
SEC. 521. DEFINITION.
For the purposes of this subtitle, the term ‘‘Spallation
Neutron Source’’ means Department Project 99–E–334,
Oak Ridge National Laboratory, Oak Ridge, Tennessee.
SEC. 522. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF CONSTRUCTION FUNDING.—
There are authorized to be appropriated to the Secretary
for construction of the Spallation Neutron Source—
(1) $276,300,000 for fiscal year 2002;
(2) $210,571,000 for fiscal year 2003;
(3) $124,600,000 for fiscal year 2004;
(4) $79,800,000 for fiscal year 2005; and
(5) $41,100,000 for fiscal year 2006 for comple-
tion of construction.
(b) AUTHORIZATION OF OTHER PROJECT FUNDING.—
There are authorized to be appropriated to the Secretary
for other project costs (including research and development
necessary to complete the project, preoperations costs, and
capital equipment not related to construction) of the Spall-
ation Neutron Source $15,353,000 for fiscal year 2002 and
$103,279,000 for the period encompassing fiscal years 2003
through 2006, to remain available until expended through
September 30, 2006.
125
SEC. 523. REPORT.
The Secretary shall report on the Spallation Neutron
Source as part of the Department’s annual budget submis-
sion, including a description of the achievement of mile-
stones, a comparison of actual costs to estimated costs, and
any changes in estimated project costs or schedule.
SEC. 524. LIMITATIONS.
The total amount obligated by the Department, includ-
ing prior year appropriations, for the Spallation Neutron
Source may not exceed—
(1) $1,192,700,000 for costs of construction;
(2) $219,000,000 for other project costs; and
(3) $1,411,700,000 for total project cost.
Subtitle C—Facilities,
Infrastructure, and User Facilities
SEC. 541. DEFINITION.
For purposes of this subtitle—
(1) the term ‘‘nonmilitary energy laboratory’’
means—
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Lawrence Berkeley National Labora-
tory;
(F) Oak Ridge National Laboratory;
126
(G) Pacific Northwest National Laboratory;
(H) Princeton Plasma Physics Laboratory;
(I) Stanford Linear Accelerator Center;
(J) Thomas Jefferson National Accelerator
Facility; or
(K) any other facility of the Department
that the Secretary, in consultation with the Di-
rector, Office of Science and the appropriate con-
gressional committees, determines to be consistent
with the mission of the Office of Science; and
(2) the term ‘‘user facility’’ means—
(A) an Office of Science facility at a non-
military energy laboratory that provides special
scientific and research capabilities, including
technical expertise and support as appropriate,
to serve the research needs of the Nation’s univer-
sities, industry, private laboratories, Federal lab-
oratories, and others, including research institu-
tions or individuals from other nations where re-
ciprocal accommodations are provided to United
States research institutions and individuals or
where the Secretary considers such accommoda-
tion to be in the national interest; and
(B) any other Office of Science funded facil-
ity designated by the Secretary as a user facility.
127
SEC. 542. FACILITY AND INFRASTRUCTURE SUPPORT FOR
NONMILITARY ENERGY LABORATORIES.
(a) FACILITY POLICY.—The Secretary shall develop
and implement a least-cost nonmilitary energy laboratory
facility and infrastructure strategy for—
(1) maintaining existing facilities and infra-
structure, as needed;
(2) closing unneeded facilities;
(3) making facility modifications; and
(4) building new facilities.
(b) PLAN.—The Secretary shall prepare a comprehen-
sive 10-year plan for conducting future facility mainte-
nance, making repairs, modifications, and new additions,
and constructing new facilities at each nonmilitary energy
laboratory. Such plan shall provide for facilities work in
accordance with the following priorities:
(1) Providing for the safety and health of em-
ployees, visitors, and the general public with regard
to correcting existing structural, mechanical, elec-
trical, and environmental deficiencies.
(2) Providing for the repair and rehabilitation of
existing facilities to keep them in use and prevent de-
terioration, if feasible.
(3) Providing engineering design and construc-
tion services for those facilities that require modifica-
128
tion or additions in order to meet the needs of new
or expanded programs.
(c) REPORT.—
(1) TRANSMITTAL.—Within 1 year after the date
of the enactment of this Act, the Secretary shall pre-
pare and transmit to the appropriate congressional
committees a report containing the plan prepared
under subsection (b).
(2) CONTENTS.—For each nonmilitary energy
laboratory, such report shall contain—
(A) the current priority list of proposed fa-
cilities and infrastructure projects, including
cost and schedule requirements;
(B) a current ten-year plan that dem-
onstrates the reconfiguration of its facilities and
infrastructure to meet its missions and to ad-
dress its long-term operational costs and return
on investment;
(C) the total current budget for all facilities
and infrastructure funding; and
(D) the current status of each facilities and
infrastructure project compared to the original
baseline cost, schedule, and scope.
(3) ADDITIONAL
ELEMENTS.—The report shall
also—
129
(A) include a plan for new facilities and fa-
cility modifications at each nonmilitary energy
laboratory that will be required to meet the De-
partment’s changing missions of the twenty-first
century, including schedules and estimates for
implementation, and including a section out-
lining long-term funding requirements consistent
with anticipated budgets and annual authoriza-
tion of appropriations;
(B) address the coordination of moderniza-
tion and consolidation of facilities among the
nonmilitary energy laboratories in order to meet
changing mission requirements; and
(C) provide for annual reports to the appro-
priate congressional committees on accomplish-
ments, conformance to schedules, commitments,
and expenditures.
SEC. 543. USER FACILITIES.
(a) NOTICE REQUIREMENT.—When the Department
makes a user facility available to universities and other po-
tential users, or seeks input from universities and other po-
tential users regarding significant characteristics or equip-
ment in a user facility or a proposed user facility, the De-
partment shall ensure broad public notice of such avail-
130
ability or such need for input to universities and other po-
tential users.
(b) COMPETITION REQUIREMENT.—When the Depart-
ment considers the participation of a university or other
potential user in the establishment or operation of a user
facility, the Department shall employ full and open com-
petition in selecting such a participant.
(c) PROHIBITION.—The Department may not redesig-
nate a user facility, as defined by section 541(b) as some-
thing other than a user facility to avoid the requirements
of subsections (a) and (b).
Subtitle D—Advisory Panel on
Office of Science
SEC. 561. ESTABLISHMENT.
The Director of the Office of Science and Technology
Policy, in consultation with the Secretary, shall establish
an Advisory Panel on the Office of Science comprised of
knowledgeable individuals to—
(1) address concerns about the current status and
the future of scientific research supported by the Of-
fice;
(2) examine alternatives to the current organiza-
tional structure of the Office within the Department,
taking into consideration existing structures for the
131
support of scientific research in other Federal agen-
cies and the private sector; and
(3) suggest actions to strengthen the scientific re-
search supported by the Office that might be taken
jointly by the Department and Congress.
SEC. 562. REPORT.
Within 6 months after the date of the enactment of this
Act, the Advisory Panel shall transmit its findings and rec-
ommendations in a report to the Director of the Office of
Science and Technology Policy and the Secretary. The Di-
rector and the Secretary shall jointly—
(1) consider each of the Panel’s findings and rec-
ommendations, and comment on each as they consider
appropriate; and
(2) transmit the Panel’s report and the com-
ments of the Director and the Secretary on the report
to the appropriate congressional committees within 9
months after the date of the enactment of this Act.
Subtitle E—Department of Energy
Authorization of Appropriations
SEC. 581. AUTHORIZATION OF APPROPRIATIONS.
(a) OPERATION AND MAINTENANCE.—Including the
amounts authorized to be appropriated for fiscal year 2002
under section 505 for Fusion Energy Sciences and under
section 522(b) for the Spallation Neutron Source, there are
132
authorized to be appropriated to the Secretary for the Office
of Science (also including subtitle C, High Energy Physics,
Nuclear Physics, Biological and Environmental Research,
Basic Energy Sciences (except for the Spallation Neutron
Source), Advanced Scientific Computing Research, Energy
Research Analysis, Multiprogram Energy Laboratories-Fa-
cilities Support, Facilities and Infrastructure, Safeguards
and Security, and Program Direction) operation and
maintenance $3,299,558,000 for fiscal year 2002, to remain
available until expended.
(b) RESEARCH REGARDING PRECIOUS METAL CATAL-
YSIS.—Within the amounts authorized to be appropriated
to the Secretary under subsection (a), $5,000,000 for fiscal
year 2002 may be used to carry out research in the use
of precious metals (excluding platinum, palladium, and
rhodium) in catalysis, either directly through national lab-
oratories, or through the award of grants, cooperative agree-
ments, or contracts with public or nonprofit entities.
(c) CONSTRUCTION.—In addition to the amounts au-
thorized to be appropriated under section 522(a) for con-
struction of the Spallation Neutron Source, there are au-
thorized to be appropriated to the Secretary for Science—
(1) $11,400,000 for fiscal year 2002 for comple-
tion of construction of Project 98–G–304, Neutrinos
133
at the Main Injector, Fermi National Accelerator
Laboratory;
(2) $11,405,000 for fiscal year 2002 for comple-
tion of construction of Project 01–E–300, Laboratory
for Comparative and Functional Genomics, Oak
Ridge National Laboratory;
(3) $4,000,000 for fiscal year 2002, $8,000,000
for fiscal year 2003, and $2,000,000 for fiscal year
2004 for completion of construction of Project 02–SC–
002, Project Engineering Design (PED), Various Lo-
cations;
(4) $3,183,000 for fiscal year 2002 for comple-
tion of construction of Project 02–SC–002, Multipro-
gram Energy Laboratories Infrastructure Project En-
gineering Design (PED), Various Locations; and
(5) $18,633,000 for fiscal year 2002 and
$13,029,000 for fiscal year 2003 for completion of
construction of Project MEL–001, Multiprogram En-
ergy Laboratories, Infrastructure, Various Locations.
(d) LIMITS ON USE OF FUNDS.—None of the funds au-
thorized to be appropriated in subsection (c) may be used
for construction at any national security laboratory as de-
fined in section 3281(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (50 U.S.C. 2471(1)) or at
any nuclear weapons production facility as defined in sec-
134
tion 3281(2) of the National Defense Authorization Act for
Fiscal Year 2000 (50 U.S.C. 2471(2)).
TITLE VI—MISCELLANEOUS
Subtitle A—General Provisions for
the Department of Energy
SEC. 601. RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND COMMERCIAL APPLICATION OF ENERGY
TECHNOLOGY PROGRAMS, PROJECTS, AND
ACTIVITIES.
(a) AUTHORIZED ACTIVITIES.—Except as otherwise
provided in this Act, research, development, demonstration,
and commercial application programs, projects, and activi-
ties for which appropriations are authorized under this Act
may be carried out under the procedures of the Federal Non-
nuclear Energy Research and Development Act of 1974 (42
U.S.C. 5901 et seq.), the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), or any other Act under which the Sec-
retary is authorized to carry out such programs, projects,
and activities, but only to the extent the Secretary is au-
thorized to carry out such activities under each such Act.
(b) AUTHORIZED AGREEMENTS.—Except as otherwise
provided in this Act, in carrying out research, development,
demonstration, and commercial application programs,
projects, and activities for which appropriations are au-
thorized under this Act, the Secretary may use, to the extent
135
authorized under applicable provisions of law, contracts, co-
operative agreements, cooperative research and development
agreements under the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3701 et seq.), grants, joint ven-
tures, and any other form of agreement available to the Sec-
retary.
(c) DEFINITION.—For purposes of this section, the
term ‘‘joint venture’’ has the meaning given that term under
section 2 of the National Cooperative Research and Produc-
tion Act of 1993 (15 U.S.C. 4301), except that such term
may apply under this section to research, development,
demonstration, and commercial application of energy tech-
nology joint ventures.
(d) PROTECTION OF INFORMATION.—Section 12(c)(7)
of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(c)(7)), relating to the protection of infor-
mation, shall apply to research, development, demonstra-
tion, and commercial application of energy technology pro-
grams, projects, and activities for which appropriations are
authorized under this Act.
(e) INVENTIONS.—An invention conceived and devel-
oped by any person using funds provided through a grant
under this Act shall be considered a subject invention for
the purposes of chapter 18 of title 35, United States Code
(commonly referred to as the Bayh-Dole Act).
136
(f) OUTREACH.—The Secretary shall ensure that each
program authorized by this Act includes an outreach com-
ponent to provide information, as appropriate, to manufac-
turers, consumers, engineers, architects, builders, energy
service companies, universities, facility planners and man-
agers, State and local governments, and other entities.
(g) GUIDELINES AND PROCEDURES.—The Secretary
shall provide guidelines and procedures for the transition,
where appropriate, of energy technologies from research
through development and demonstration to commercial ap-
plication of energy technology. Nothing in this section shall
preclude the Secretary from—
(1) entering into a contract, cooperative agree-
ment, cooperative research and development agree-
ment under the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3701 et seq.), grant, joint
venture, or any other form of agreement available to
the Secretary under this section that relates to re-
search, development, demonstration, and commercial
application of energy technology; or
(2) extending a contract, cooperative agreement,
cooperative research and development agreement
under the Stevenson-Wydler Technology Innovation
Act of 1980, grant, joint venture, or any other form
of agreement available to the Secretary that relates to
137
research, development, and demonstration to cover
commercial application of energy technology.
(h) APPLICATION OF SECTION.—This section shall not
apply to any contract, cooperative agreement, cooperative
research and development agreement under the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701
et seq.), grant, joint venture, or any other form of agreement
available to the Secretary that is in effect as of the date
of enactment of this Act.
SEC. 602. LIMITS ON USE OF FUNDS.
(a) MANAGEMENT AND OPERATING CONTRACTS.—
(1) COMPETITIVE PROCEDURE REQUIREMENT.—
None of the funds authorized to be appropriated to the
Secretary by this Act may be used to award a man-
agement and operating contract for a federally owned
or operated nonmilitary energy laboratory of the De-
partment unless such contract is awarded using com-
petitive procedures or the Secretary grants, on a case-
by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant
such a waiver.
(2) CONGRESSIONAL NOTICE.—At least 2 months
before a contract award, amendment, or modification
for which the Secretary intends to grant such a waiv-
er, the Secretary shall submit to the appropriate con-
138
gressional committees a report notifying the commit-
tees of the waiver and setting forth the reasons for the
waiver.
(b) PRODUCTION
OR PROVISION
OF ARTICLES
OR
SERVICES.—None of the funds authorized to be appro-
priated to the Secretary by this Act may be used to produce
or provide articles or services for the purpose of selling the
articles or services to a person outside the Federal Govern-
ment, unless the Secretary determines that comparable arti-
cles or services are not available from a commercial source
in the United States.
(c) REQUESTS FOR PROPOSALS.—None of the funds
authorized to be appropriated to the Secretary by this Act
may be used by the Department to prepare or initiate Re-
quests for Proposals for a program if the program has not
been authorized by Congress.
SEC. 603. COST SHARING.
(a) RESEARCH AND DEVELOPMENT.—Except as other-
wise provided in this Act, for research and development pro-
grams carried out under this Act, the Secretary shall re-
quire a commitment from non-Federal sources of at least
20 percent of the cost of the project. The Secretary may re-
duce or eliminate the non-Federal requirement under this
subsection if the Secretary determines that the research and
development is of a basic or fundamental nature.
139
(b) DEMONSTRATION
AND
COMMERCIAL
APPLICA-
TION.—Except as otherwise provided in this Act, the Sec-
retary shall require at least 50 percent of the costs directly
and specifically related to any demonstration or commer-
cial application project under this Act to be provided from
non-Federal sources. The Secretary may reduce the non-
Federal requirement under this subsection if the Secretary
determines that the reduction is necessary and appropriate
considering the technological risks involved in the project
and is necessary to meet the objectives of this Act.
(c) CALCULATION
OF AMOUNT.—In calculating the
amount of the non-Federal commitment under subsection
(a) or (b), the Secretary may include personnel, services,
equipment, and other resources.
SEC. 604. LIMITATION ON DEMONSTRATION AND COMMER-
CIAL APPLICATION OF ENERGY TECHNOLOGY.
Except as otherwise provided in this Act, the Secretary
shall provide funding for scientific or energy demonstration
and commercial application of energy technology programs,
projects, or activities only for technologies or processes that
can be reasonably expected to yield new, measurable benefits
to the cost, efficiency, or performance of the technology or
process.
140
SEC. 605. REPROGRAMMING.
(a) AUTHORITY.—The Secretary may use amounts ap-
propriated under this Act for a program, project, or activity
other than the program, project, or activity for which such
amounts were appropriated only if—
(1) the Secretary has transmitted to the appro-
priate congressional committees a report described in
subsection (b) and a period of 30 days has elapsed
after such committees receive the report;
(2) amounts used for the program, project, or ac-
tivity do not exceed—
(A) 105 percent of the amount authorized
for the program, project, or activity; or
(B) $250,000 more than the amount author-
ized for the program, project, or activity,
whichever is less; and
(3) the program, project, or activity has been
presented to, or requested of, the Congress by the Sec-
retary.
(b) REPORT.—(1) The report referred to in subsection
(a) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of the proposed action.
(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
141
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated by the Secretary pursuant to this
Act exceed the total amount authorized to be appropriated
to the Secretary by this Act.
(2) Funds appropriated to the Secretary pursuant to
this Act may not be used for an item for which Congress
has declined to authorize funds.
Subtitle B—Other Miscellaneous
Provisions
SEC. 611. NOTICE OF REORGANIZATION.
The Secretary shall provide notice to the appropriate
congressional committees not later than 15 days before any
reorganization of any environmental research or develop-
ment, scientific or energy research, development, or dem-
onstration, or commercial application of energy technology
program, project, or activity of the Department.
SEC. 612. LIMITS ON GENERAL PLANT PROJECTS.
If, at any time during the construction of a civilian
environmental research and development, scientific or en-
ergy research, development, or demonstration, or commer-
cial application of energy technology project of the Depart-
ment for which no specific funding level is provided by law,
the estimated cost (including any revision thereof) of the
142
project exceeds $5,000,000, the Secretary may not continue
such construction unless the Secretary has furnished a com-
plete report to the appropriate congressional committees ex-
plaining the project and the reasons for the estimate or revi-
sion.
SEC. 613. LIMITS ON CONSTRUCTION PROJECTS.
(a) LIMITATION.—Except as provided in subsection
(b), construction on a civilian environmental research and
development, scientific or energy research, development, or
demonstration, or commercial application of energy tech-
nology project of the Department for which funding has
been specifically provided by law may not be started, and
additional obligations may not be incurred in connection
with the project above the authorized funding amount,
whenever the current estimated cost of the construction
project exceeds by more than 10 percent the higher of—
(1) the amount authorized for the project, if the
entire project has been funded by the Congress; or
(2) the amount of the total estimated cost for the
project as shown in the most recent budget justifica-
tion data submitted to Congress.
(b) NOTICE.—An action described in subsection (a)
may be taken if—
(1) the Secretary has submitted to the appro-
priate congressional committees a report on the pro-
143
posed actions and the circumstances making such ac-
tions necessary; and
(2) a period of 30 days has elapsed after the date
on which the report is received by the committees.
(c) EXCLUSION.—In the computation of the 30-day pe-
riod described in subsection (b)(2), there shall be excluded
any day on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day
certain.
(d) EXCEPTION.—Subsections (a) and (b) shall not
apply to any construction project that has a current esti-
mated cost of less than $5,000,000.
SEC. 614. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for funds
for a construction project that is in support of a civilian
environmental research and development, scientific or en-
ergy research, development, or demonstration, or commer-
cial application of energy technology program, project, or
activity of the Department, the Secretary shall complete a
conceptual design for that project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $750,000, the Sec-
144
retary shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds for a construction project, the total
estimated cost of which is less than $5,000,000.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) The
Secretary may carry out construction design (including ar-
chitectural and engineering services) in connection with
any proposed construction project that is in support of a
civilian environmental research and development, scientific
or energy research, development, and demonstration, or
commercial application of energy technology program,
project, or activity of the Department if the total estimated
cost for such design does not exceed $250,000.
(2) If the total estimated cost for construction design
in connection with any construction project described in
paragraph (1) exceeds $250,000, funds for such design must
be specifically authorized by law.
SEC. 
615. 
NATIONAL 
ENERGY 
POLICY 
DEVELOPMENT
GROUP MANDATED REPORTS.
(a) THE SECRETARY’S REVIEW OF ENERGY EFFI-
CIENCY RENEWABLE ENERGY, AND ALTERNATIVE ENERGY
RESEARCH AND DEVELOPMENT.—Upon completion of the
Secretary’s review of current funding and historic perform-
145
ance of the Department’s energy efficiency, renewable en-
ergy, and alternative energy research and development pro-
grams in response to the recommendations of the May 16,
2001, Report of the National Energy Policy Development
Group, the Secretary shall transmit a report containing the
results of such review to the appropriate congressional com-
mittees.
(b) REVIEW AND RECOMMENDATIONS ON USING THE
NATION’S ENERGY RESOURCES MORE EFFICIENTLY.—
Upon completion of the Office of Science and Technology
Policy and the President’s Council of Advisors on Science
and Technology reviewing and making recommendations on
using the Nation’s energy resources more efficiently, in re-
sponse to the recommendation of the May 16, 2001, Report
of the National Energy Policy Development Group, the Di-
rector of the Office of Science and Technology Policy shall
transmit a report containing the results of such review and
recommendations to the appropriate congressional commit-
tees.
SEC. 616. PERIODIC REVIEWS AND ASSESSMENTS.
The Secretary shall enter into appropriate arrange-
ments with the National Academies of Sciences and Engi-
neering to ensure that there be periodic reviews and assess-
ments of the programs authorized by this Act, as well as
the measurable cost and performance-based goals for such
146
programs as established under section 4, and the progress
on meeting such goals. Such reviews and assessments shall
be conducted at least every 5 years, or more often as the
Secretary considers necessary, and the Secretary shall
transmit to the appropriate congressional committees re-
ports containing the results of such reviews and assessments.
Union Calendar No. 106
107TH CONGRESS
1ST SESSION
H. R. 2460
[Report No. 107–177]
A BILL
To authorize appropriations for environmental re-
search and development, scientific and energy re-
search, development, and demonstration, and
commercial application of energy technology pro-
grams, projects, and activities of the Department
of Energy and of the Office of Air and Radiation
of the Environmental Protection Agency, and for
other purposes.
JULY 31, 2001
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed