SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Securing America’s Future Energy Act of 2001’’ or the
‘‘SAFE Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Energy policy.
DIVISION A
Sec. 100. Short title.
TITLE I—ENERGY CONSERVATION
Subtitle A—Reauthorization of Federal Energy Conservation Programs
Sec. 101. Authorization of appropriations.
Subtitle B—Federal Leadership in Energy Conservation
Sec. 121. Federal facilities and national energy security.
Sec. 122. Enhancement and extension of authority relating to Federal energy
savings performance contracts.
Sec. 123. Clarification and enhancement of authority to enter utility incentive
programs for energy savings.
Sec. 124. Federal central air conditioner and heat pump efficiency.
Sec. 125. Advanced building efficiency testbed.
Sec. 126. Use of interval data in Federal buildings.
Sec. 127. Review of Energy Savings Performance Contract program.
Sec. 128. Capitol complex.
Subtitle C—State Programs
Sec. 131. Amendments to State energy programs.
Sec. 132. Reauthorization of energy conservation program for schools and hos-
pitals.
Sec. 133. Amendments to Weatherization Assistance Program.
Sec. 134. LIHEAP.
Sec. 135. High performance public buildings.
Subtitle D—Energy Efficiency for Consumer Products
Sec. 141. Energy Star program.
Sec. 141A. Energy sun renewable and alternative energy program.
Sec. 142. Labeling of energy efficient appliances.
Sec. 143. Appliance standards.
Subtitle E—Energy Efficient Vehicles
Sec. 151. High occupancy vehicle exception.
Sec. 152. Railroad efficiency.
Sec. 153. Biodiesel fuel use credits.
Sec. 154. Mobile to stationary source trading.
Subtitle F—Other Provisions
Sec. 161. Review of regulations to eliminate barriers to emerging energy tech-
nology.
Sec. 162. Advanced idle elimination systems.
Sec. 163. Study of benefits and feasibility of oil bypass filtration technology.
Sec. 164. Gas flare study.
Sec. 165. Telecommuting study.
TITLE II—AUTOMOBILE FUEL ECONOMY
Sec. 201. Average fuel economy standards for nonpassenger automobiles.
Sec. 202. Consideration of prescribing different average fuel economy standards
for nonpassenger automobiles.
Sec. 203. Dual fueled automobiles.
Sec. 204. Fuel economy of the Federal fleet of automobiles.
Sec. 205. Hybrid vehicles and alternative vehicles.
Sec. 206. Federal fleet petroleum-based nonalternative fuels.
Sec. 207. Study of feasibility and effects of reducing use of fuel for auto-
mobiles.
TITLE III—NUCLEAR ENERGY
Sec. 301. License period.
Sec. 302. Cost recovery from Government agencies.
Sec. 303. Depleted uranium hexafluoride.
Sec. 304. Nuclear Regulatory Commission meetings.
Sec. 305. Cooperative research and development and special demonstration
projects for the uranium mining industry.
Sec. 306. Maintenance of a viable domestic uranium conversion industry.
Sec. 307. Paducah decontamination and decommissioning plan.
Sec. 308. Study to determine feasibility of developing commercial nuclear en-
ergy production facilities at existing department of energy
sites.
Sec. 309. Prohibition of commercial sales of uranium by the United States until
2009.
TITLE IV—HYDROELECTRIC ENERGY
Sec. 401. Alternative conditions and fishways.
Sec. 402. FERC data on hydroelectric licensing.
TITLE V—FUELS
Sec. 501. Tank draining during transition to summertime RFG.
Sec. 502. Gasoline blendstock requirements.
Sec. 503. Boutique fuels.
Sec. 504. Funding for MTBE contamination.
TITLE VI—RENEWABLE ENERGY
Sec. 601. Assessment of renewable energy resources.
Sec. 602. Renewable energy production incentive.
Sec. 603. Study of ethanol from solid waste loan guarantee program.
Sec. 604. Study of renewable fuel content.
TITLE VII—PIPELINES
Sec. 701. Prohibition on certain pipeline route.
Sec. 702. Historic pipelines.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. Waste reduction and use of alternatives.
Sec. 802. Annual report on United States energy independence.
Sec. 803. Study of aircraft emissions.
DIVISION B
Sec. 2001. Short title.
Sec. 2002. Findings.
Sec. 2003. Purposes.
Sec. 2004. Goals.
Sec. 2005. Definitions.
Sec. 2006. Authorizations.
Sec. 2007. Balance of funding priorities.
TITLE I—ENERGY CONSERVATION AND ENERGY EFFICIENCY
Subtitle A—Alternative Fuel Vehicles
Sec. 2101. Short title.
Sec. 2102. Definitions.
Sec. 2103. Pilot program.
Sec. 2104. Reports to Congress.
Sec. 2105. Authorization of appropriations.
Subtitle B—Distributed Power Hybrid Energy Systems
Sec. 2121. Findings.
Sec. 2122. Definitions.
Sec. 2123. Strategy.
Sec. 2124. High power density industry program.
Sec. 2125. Micro-cogeneration energy technology.
Sec. 2126. Program plan.
Sec. 2127. Report.
Sec. 2128. Voluntary consensus standards.
Subtitle C—Secondary Electric Vehicle Battery Use
Sec. 2131. Definitions.
Sec. 2132. Establishment of secondary electric vehicle battery use program.
Sec. 2133. Authorization of appropriations.
Subtitle D—Green School Buses
Sec. 2141. Short title.
Sec. 2142. Establishment of pilot program.
Sec. 2143. Fuel cell bus development and demonstration program.
Sec. 2144. Authorization of appropriations.
Subtitle E—Next Generation Lighting Initiative
Sec. 2151. Short title.
Sec. 2152. Definition.
Sec. 2153. Next Generation Lighting Initiative.
Sec. 2154. Study.
Sec. 2155. Grant program.
Subtitle F—Department of Energy Authorization of Appropriations
Sec. 2161. Authorization of appropriations.
Subtitle G—Environmental Protection Agency Office of Air and Radiation
Authorization of Appropriations
Sec. 2171. Short title.
Sec. 2172. Authorization of appropriations.
Sec. 2173. Limits on use of funds.
Sec. 2174. Cost sharing.
Sec. 2175. Limitation on demonstration and commercial applications of energy
technology.
Sec. 2176. Reprogramming.
Sec. 2177. Budget request format.
Sec. 2178. Other provisions.
Subtitle H—National Building Performance Initiative
Sec. 2181. National Building Performance Initiative.
TITLE II—RENEWABLE ENERGY
Subtitle A—Hydrogen
Sec. 2201. Short title.
Sec. 2202. Purposes.
Sec. 2203. Definitions.
Sec. 2204. Reports to Congress.
Sec. 2205. Hydrogen research and development.
Sec. 2206. Demonstrations.
Sec. 2207. Technology transfer.
Sec. 2208. Coordination and consultation.
Sec. 2209. Advisory Committee.
Sec. 2210. Authorization of appropriations.
Sec. 2211. Repeal.
Subtitle B—Bioenergy
Sec. 2221. Short title.
Sec. 2222. Findings.
Sec. 2223. Definitions.
Sec. 2224. Authorization.
Sec. 2225. Authorization of appropriations.
Subtitle C—Transmission Infrastructure Systems
Sec. 2241. Transmission infrastructure systems research, development, dem-
onstration, and commercial application.
Sec. 2242. Program plan.
Sec. 2243. Report.
Subtitle D—Department of Energy Authorization of Appropriations
Sec. 2261. Authorization of appropriations.
TITLE III—NUCLEAR ENERGY
Subtitle A—University Nuclear Science and Engineering
Sec. 2301. Short title.
Sec. 2302. Findings.
Sec. 2303. Department of Energy program.
Sec. 2304. Authorization of appropriations.
Subtitle B—Advanced Fuel Recycling Technology Research and Development
Program
Sec. 2321. Program.
Subtitle C—Department of Energy Authorization of Appropriations
Sec. 2341. Nuclear Energy Research Initiative.
Sec. 2342. Nuclear Energy Plant Optimization program.
Sec. 2343. Nuclear energy technologies.
Sec. 2344. Authorization of appropriations.
TITLE IV—FOSSIL ENERGY
Subtitle A—Coal
Sec. 2401. Coal and related technologies programs.
Subtitle B—Oil and Gas
Sec. 2421. Petroleum-oil technology.
Sec. 2422. Gas.
Sec. 2423. Natural gas and oil deposits report.
Sec. 2424. Oil shale research.
Subtitle C—Ultra-Deepwater and Unconventional Drilling
Sec. 2441. Short title.
Sec. 2442. Definitions.
Sec. 2443. Ultra-deepwater program.
Sec. 2444. National Energy Technology Laboratory.
Sec. 2445. Advisory Committee.
Sec. 2446. Research Organization.
Sec. 2447. Grants.
Sec. 2448. Plan and funding.
Sec. 2449. Audit.
Sec. 2450. Fund.
Sec. 2451. Sunset.
Subtitle D—Fuel Cells
Sec. 2461. Fuel cells.
Subtitle E—Department of Energy Authorization of Appropriations
Sec. 2481. Authorization of appropriations.
TITLE V—SCIENCE
Subtitle A—Fusion Energy Sciences
Sec. 2501. Short title.
Sec. 2502. Findings.
Sec. 2503. Plan for fusion experiment.
Sec. 2504. Plan for fusion energy sciences program.
Sec. 2505. Authorization of appropriations.
Subtitle B—Spallation Neutron Source
Sec. 2521. Definition.
Sec. 2522. Authorization of appropriations.
Sec. 2523. Report.
Sec. 2524. Limitations.
Subtitle C—Facilities, Infrastructure, and User Facilities
Sec. 2541. Definition.
Sec. 2542. Facility and infrastructure support for nonmilitary energy labora-
tories.
Sec. 2543. User facilities.
Subtitle D—Advisory Panel on Office of Science
Sec. 2561. Establishment.
Sec. 2562. Report.
Subtitle E—Department of Energy Authorization of Appropriations
Sec. 2581. Authorization of appropriations.
TITLE VI—MISCELLANEOUS
Subtitle A—General Provisions for the Department of Energy
Sec. 2601. Research, development, demonstration, and commercial application
of energy technology programs, projects, and activities.
Sec. 2602. Limits on use of funds.
Sec. 2603. Cost sharing.
Sec. 2604. Limitation on demonstration and commercial application of energy
technology.
Sec. 2605. Reprogramming.
Subtitle B—Other Miscellaneous Provisions
Sec. 2611. Notice of reorganization.
Sec. 2612. Limits on general plant projects.
Sec. 2613. Limits on construction projects.
Sec. 2614. Authority for conceptual and construction design.
Sec. 2615. National Energy Policy Development Group mandated reports.
Sec. 2616. Periodic reviews and assessments.
DIVISION C
Sec. 3001. Short title.
TITLE I—CONSERVATION
Sec. 3101. Credit for residential solar energy property.
Sec. 3102. Extension and expansion of credit for electricity produced from re-
newable resources.
Sec. 3103. Credit for qualified stationary fuel cell powerplants.
Sec. 3104. Alternative motor vehicle credit.
Sec. 3105. Extension of deduction for certain refueling property.
Sec. 3106. Modification of credit for qualified electric vehicles.
Sec. 3107. Tax credit for energy efficient appliances.
Sec. 3108. Credit for energy efficiency improvements to existing homes.
Sec. 3109. Business credit for construction of new energy efficient home.
Sec. 3110. Allowance of deduction for energy efficient commercial building
property.
Sec. 3111. Allowance of deduction for qualified energy management devices and
retrofitted qualified meters.
Sec. 3112. Three-year applicable recovery period for depreciation of qualified
energy management devices.
Sec. 3113. Energy credit for combined heat and power system property.
Sec. 3114. New nonrefundable personal credits allowed against regular and
minimum taxes.
Sec. 3115. Phaseout of 4.3-cent motor fuel excise taxes on railroads and inland
waterway transportation which remain in general fund.
Sec. 3116. Reduced motor fuel excise tax on certain mixtures of diesel fuel.
Sec. 3117. Credit for investment in qualifying advanced clean coal technology.
Sec. 3118. Credit for production from qualifying advanced clean coal tech-
nology.
TITLE II—RELIABILITY
Sec. 3201. Natural gas gathering lines treated as 7-year property.
Sec. 3202. Natural gas distribution lines treated as 10-year property.
Sec. 3203. Petroleum refining property treated as 7-year property.
Sec. 3204. Expensing of capital costs incurred in complying with environmental
protection agency sulfur regulations.
Sec. 3205. Environmental tax credit.
Sec. 3206. Determination of small refiner exception to oil depletion deduction.
Sec. 3207. Tax-exempt bond financing of certain electric facilities.
Sec. 3208. Sales or dispositions to implement Federal Energy Regulatory Com-
mission or State electric restructuring policy.
Sec. 3209. Distributions of stock to implement Federal Energy Regulatory
Commission or State electric restructuring policy.
Sec. 3210. Modifications to special rules for nuclear decommissioning costs.
Sec. 3211. Treatment of certain income of cooperatives.
Sec. 3212. Repeal of requirement of certain approved terminals to offer dyed
diesel fuel and kerosene for nontaxable purposes.
Sec. 3213. Arbitrage rules not to apply to prepayments for natural gas.
TITLE III—PRODUCTION
Sec. 3301. Oil and gas from marginal wells.
Sec. 3302. Temporary suspension of limitation based on 65 percent of taxable
income and extension of suspension of taxable income limit
with respect to marginal production.
Sec. 3303. Deduction for delay rental payments.
Sec. 3304. Election to expense geological and geophysical expenditures.
Sec. 3305. Five-year net operating loss carryback for losses attributable to op-
erating mineral interests of oil and gas producers.
Sec. 3306. Extension and modification of credit for producing fuel from a non-
conventional source.
Sec. 3307. Business related energy credits allowed against regular and min-
imum tax.
Sec. 3308. Temporary repeal of alternative minimum tax preference for intan-
gible drilling costs.
Sec. 3309. Allowance of enhanced recovery credit against the alternative min-
imum tax.
Sec. 3310. Extension of certain benefits for energy-related businesses on Indian
reservations.
DIVISION D
Sec. 4101. Capacity building for energy-efficient, affordable housing.
Sec. 4102. Increase of CDBG public services cap for energy conservation and
efficiency activities.
Sec. 4103. FHA mortgage insurance incentives for energy efficient housing.
Sec. 4104. Public housing capital fund.
Sec. 4105. Grants for energy-conserving improvements for assisted housing.
Sec. 4106. North American Development Bank.
DIVISION E
Sec. 5000. Short title.
Sec. 5001. Findings.
Sec. 5002. Definitions.
Sec. 5003. Clean coal power initiative.
Sec. 5004. Cost and performance goals.
Sec. 5005. Authorization of appropriations.
Sec. 5006. Project criteria.
Sec. 5007. Study.
Sec. 5008. Clean coal centers of excellence.
DIVISION F
Sec. 6000. Short title.
TITLE I—GENERAL PROTECTIONS FOR ENERGY SUPPLY AND
SECURITY
Sec. 6101. Study of existing rights-of-way on Federal lands to determine capa-
bility to support new pipelines or other transmission facilities.
Sec. 6102. Inventory of energy production potential of all Federal public lands.
Sec. 6103. Review of regulations to eliminate barriers to emerging energy tech-
nology.
Sec. 6104. Interagency agreement on environmental review of interstate natural
gas pipeline projects.
Sec. 6105. Enhancing energy efficiency in management of Federal lands.
Sec. 6106. Efficient infrastructure development.
TITLE II—OIL AND GAS DEVELOPMENT
Subtitle A—Offshore Oil and Gas
Sec. 6201. Short title.
Sec. 6202. Lease sales in Western and Central Planning Area of the Gulf of
Mexico.
Sec. 6203. Savings clause.
Sec. 6204. Analysis of Gulf of Mexico field size distribution, international com-
petitiveness, and incentives for development.
Subtitle B—Improvements to Federal Oil and Gas Management
Sec. 6221. Short title.
Sec. 6222. Study of impediments to efficient lease operations.
Sec. 6223. Elimination of unwarranted denials and stays.
Sec. 6224. Limitations on cost recovery for applications.
Sec. 6225. Consultation with Secretary of Agriculture.
Subtitle C—Miscellaneous
Sec. 6231. Offshore subsalt development.
Sec. 6232. Program on oil and gas royalties in kind.
Sec. 6233. Marginal well production incentives.
Sec. 6234. Reimbursement for costs of NEPA analyses, documentation, and
studies.
Sec. 6235. Encouragement of State and provincial prohibitions on off-shore
drilling in the Great Lakes.
TITLE III—GEOTHERMAL ENERGY DEVELOPMENT
Sec. 6301. Royalty reduction and relief.
Sec. 6302. Exemption from royalties for direct use of low temperature geo-
thermal energy resources.
Sec. 6303. Amendments relating to leasing on Forest Service lands.
Sec. 6304. Deadline for determination on pending noncompetitive lease applica-
tions.
Sec. 6305. Opening of public lands under military jurisdiction.
Sec. 6306. Application of amendments.
Sec. 6307. Review and report to Congress.
Sec. 6308. Reimbursement for costs of NEPA analyses, documentation, and
studies.
TITLE IV—HYDROPOWER
Sec. 6401. Study and report on increasing electric power production capability
of existing facilities.
Sec. 6402. Installation of powerformer at Folsom power plant, California.
Sec. 6403. Study and implementation of increased operational efficiencies in
hydroelectric power projects.
Sec. 6404. Shift of project loads to off-peak periods.
TITLE V—ARCTIC COASTAL PLAIN DOMESTIC ENERGY
Sec. 6501. Short title.
Sec. 6502. Definitions.
Sec. 6503. Leasing program for lands within the Coastal Plain.
Sec. 6504. Lease sales.
Sec. 6505. Grant of leases by the Secretary.
Sec. 6506. Lease terms and conditions.
Sec. 6507. Coastal Plain environmental protection.
Sec. 6508. Expedited judicial review.
Sec. 6509. Rights-of-way across the Coastal Plain.
Sec. 6510. Conveyance.
Sec. 6511. Local government impact aid and community service assistance.
Sec. 6512. Revenue allocation.
TITLE VI—CONSERVATION OF ENERGY BY THE DEPARTMENT OF
THE INTERIOR
Sec. 6601. Energy conservation by the Department of the Interior.
Sec. 6602. Amendment to Buy Indian Act.
TITLE VII—COAL
Sec. 6701. Limitation on fees with respect to coal lease applications and docu-
ments.
Sec. 6702. Mining plans.
Sec. 6703. Payment of advance royalties under coal leases.
Sec. 6704. Elimination of deadline for submission of coal lease operation and
reclamation plan.
TITLE VIII—INSULAR AREAS ENERGY SECURITY
Sec. 6801. Insular areas energy security.
DIVISION G
Sec. 7101. Buy American.
SEC. 2. ENERGY POLICY.
It shall be the sense of the Congress that the United
States should take all actions necessary in the areas of
conservation, efficiency, alternative source, technology de-
velopment, and domestic production to reduce the United
States dependence on foreign energy sources from 56 per-
cent to 45 percent by January 1, 2012, and to reduce
United States dependence on Iraqi energy sources from
700,000 barrels per day to 250,000 barrels per day by
January 1, 2012.
DIVISION A
SEC. 100. SHORT TITLE.
This division may be cited as the ‘‘Energy Advance-
ment and Conservation Act of 2001’’.
TITLE I—ENERGY
CONSERVATION
Subtitle 
A—Reauthorization 
of
Federal 
Energy 
Conservation
Programs
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 660 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7270) is amended as follows:
(1) By inserting ‘‘(a)’’ before ‘‘Appropriations’’.
(2) By inserting at the end the following new
subsection:
‘‘(b) There are hereby authorized to be appropriated
to the Department of Energy for fiscal year 2002,
$950,000,000; for fiscal year 2003, $1,000,000,000; for
fiscal year 2004, $1,050,000,000; for fiscal year 2005,
$1,100,000,000; 
and 
for 
fiscal 
year 
2006,
$1,150,000,000, to carry out energy efficiency activities
under the following laws, such sums to remain available
until expended:
‘‘(1) Energy Policy and Conservation Act, in-
cluding section 256(d)(42 U.S.C. 6276(d)) (promote
export of energy efficient products), sections 321
through 346 (42 U.S.C. 6291–6317) (appliances
program).
‘‘(2) Energy Conservation and Production Act,
including sections 301 through 308 (42 U.S.C.
6831–6837) (energy conservation standards for new
buildings).
‘‘(3) National Energy Conservation Policy Act,
including sections 541–551 (42 U.S.C. 8251–8259)
(Federal Energy Management Program).
‘‘(4) Energy Policy Act of 1992, including sec-
tions 103 (42 U.S.C. 13458) (energy efficient light-
ing and building centers), 121 (42 U.S.C. 6292
note) (energy efficiency labeling for windows and
window systems), 125 (42 U.S.C. 6292 note) (en-
ergy efficiency information for commercial office
equipment), 126 (42 U.S.C. 6292 note) (energy effi-
ciency information for luminaires), 131 (42 U.S.C.
6348) (energy efficiency in industrial facilities), and
132 (42 U.S.C. 6349) (process-oriented industrial
energy efficiency).’’.
To achieve the reductions required by this paragraph, an
agency shall make maximum practicable use of energy effi-
ciency products and services and unconventional and re-
newable energy resources, using guidelines issued by the
Secretary under subsection (d) of this section.’’.
(2) In subsection (d), by inserting ‘‘Such guide-
lines shall include appropriate model technical stand-
ards for energy efficiency and unconventional and
renewable energy resources products and services.
Such standards shall reflect, to the extent prac-
ticable, evaluation of both currently marketed and
potentially marketable products and services that
could be used by agencies to improve energy effi-
ciency and increase unconventional and renewable
energy resources.’’ after ‘‘implementation of this
part.’’.
(3) By adding at the end the following new sub-
section:
‘‘(e) STUDIES.—To assist in developing the guidelines
issued by the Secretary under subsection (d) and in fur-
therance of the purposes of this section, the Secretary
shall conduct studies to identify and encourage the pro-
duction and marketing of energy efficiency products and
services and unconventional and renewable energy re-
sources. To conduct such studies, and to provide grants
to accelerate the use of unconventional and renewable en-
ergy, there are authorized to be appropriated to the Sec-
retary $20,000,000 for each of the fiscal years 2003
through 2010.’’.
(c) DEFINITION.—Section 551 of the National En-
ergy Conservation Policy Act (42 U.S.C. 8259) is amend-
ed as follows:
(1) By striking ‘‘and’’ at the end of paragraph
(8).
(2) By striking the period at the end of para-
graph (9) and inserting ‘‘; and’’.
(3) By adding at the end the following new
paragraph:
‘‘(10) the term ‘unconventional and renewable
energy resources’ includes renewable energy sources,
hydrogen, fuel cells, cogeneration, combined heat
and power, heat recovery (including by use of a Stir-
ling heat engine), and distributed generation.’’.
(d) EXCLUSIONS FROM REQUIREMENT.—The Na-
tional Energy Conservation Policy Act (42 U.S.C. 7201
and following) is amended as follows:
(1) In section 543(a)—
(A) by striking ‘‘(1) Subject to paragraph
(2)’’ and inserting ‘‘Subject to subsection (c)’’;
and
(B) by striking ‘‘(2) An agency’’ and all
that follows through ‘‘such exclusion.’’.
(2) By amending subsection (c) of such section
543 to read as follows:
‘‘(c) EXCLUSIONS.—(1) A Federal building may be
excluded from the requirements of subsections (a) and (b)
only if—
‘‘(A) the President declares the building to re-
quire exclusion for national security reasons; and
‘‘(B) the agency responsible for the building
has—
‘‘(i) completed and submitted all federally
required energy management reports; and
‘‘(ii) achieved compliance with the energy
efficiency requirements of this Act, the Energy
Policy Act of 1992, Executive Orders, and other
Federal law;
‘‘(iii) implemented all practical, life cycle
cost-effective projects in the excluded building.
‘‘(2) The President shall only declare buildings de-
scribed in paragraph (1)(A) to be excluded, not ancillary
or nearby facilities that are not in themselves national se-
curity facilities.’’.
(3) In section 548(b)(1)(A)—
(A) by striking ‘‘copy of the’’; and
(B) by striking ‘‘sections 543(a)(2) and
543(c)(3)’’ and inserting ‘‘section 543(c)’’.
(e) ACQUISITION REQUIREMENT.—Section 543(b) of
such Act is amended—
(1) in paragraph (1), by striking ‘‘(1) Not’’ and
inserting ‘‘(1) Except as provided in paragraph (5),
not’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5)(A)(i) Agencies shall select only Energy Star
products when available when acquiring energy-using
products. For product groups where Energy Star labels
are not yet available, agencies shall select products that
are in the upper 25 percent of energy efficiency as des-
ignated by FEMP. In the case of electric motors of 1 to
500 horsepower, agencies shall select only premium effi-
ciency motors that meet a standard designated by the Sec-
retary, and shall replace (not rewind) failed motors with
motors meeting such standard. The Secretary shall des-
ignate such standard within 90 days of the enactment of
paragraph, after considering recommendations by the Na-
tional Electrical Manufacturers Association. The Sec-
retary of Energy shall develop guidelines within 180 days
after the enactment of this paragraph for exemptions to
this section when equivalent products do not exist, are im-
practical, or do not meet the agency mission requirements.
‘‘(ii) The Administrator of the General Services Ad-
ministration and the Secretary of Defense (acting through
the Defense Logistics Agency), with assistance from the
Administrator of the Environmental Protection Agency
and the Secretary of Energy, shall create clear catalogue
listings that designate Energy Star products in both print
and electronic formats. After any existing federal inven-
tories are exhausted, Administrator of the General Serv-
ices Administration and the Secretary of Defense (acting
through the Defense Logistics Agency) shall only replace
inventories with energy-using products that are Energy
Star, products that are rated in the top 25 percent of en-
ergy efficiency, or products that are exempted as des-
ignated by FEMP and defined in clause (i).
‘‘(iii) Agencies shall incorporate energy-efficient cri-
teria consistent with Energy Star and other FEMP des-
ignated energy efficiency levels into all guide specifications
and project specifications developed for new construction
and renovation, as well as into product specification lan-
guage developed for Basic Ordering Agreements, Blanket
Purchasing Agreements, Government Wide Acquisition
Contracts, and all other purchasing procedures.
‘‘(iv) The legislative branch shall be subject to this
subparagraph to the same extent and in the same manner
as are the Federal agencies referred to in section 521(1).
‘‘(B) Not later than 6 months after the date of the
enactment of this paragraph, the Secretary of Energy
shall establish guidelines defining the circumstances under
which an agency shall not be required to comply with sub-
paragraph (A). Such circumstances may include the ab-
sence of Energy Star products, systems, or designs that
serve the purpose of the agency, issues relating to the com-
patibility of a product, system, or design with existing
buildings or equipment, and excessive cost compared to
other available and appropriate products, systems, or de-
signs.
‘‘(C) Subparagraph (A) shall apply to agency acquisi-
tions occurring on or after October 1, 2002.’’.
(f) METERING.—Section 543 of such Act (42 U.S.C.
8254) is amended by adding at the end the following new
subsection:
‘‘(f) METERING.—(1) By October 1, 2004, all Fed-
eral buildings including buildings owned by the legislative
branch and the Federal court system and other energy-
using structures shall be metered or submetered in accord-
ance with guidelines established by the Secretary under
paragraph (2).
‘‘(2) Not later than 6 months after the date of the
enactment of this subsection, the Secretary, in consulta-
tion with the General Services Administration and rep-
resentatives from the metering industry, energy services
industry, national laboratories, colleges of higher edu-
cation, and federal facilities energy managers, shall estab-
lish guidelines for agencies to carry out paragraph (1).
Such guidelines shall take into consideration each of the
following:
‘‘(A) Cost.
‘‘(B) Resources, including personnel, required
to maintain, interpret, and report on data so that
the meters are continually reviewed.
‘‘(C) Energy management potential.
‘‘(D) Energy savings.
‘‘(E) Utility contract aggregation.
‘‘(F) Savings from operations and maintenance.
‘‘(3) A building shall be exempt from the requirement
of this section to the extent that compliance is deemed
impractical by the Secretary. A finding of impracticability
shall be based on the same factors as identified in sub-
section (c) of this section.’’.
(g) RETENTION OF ENERGY SAVINGS.—Section 546
of such Act (42 U.S.C. 8256) is amended by adding at
the end the following new subsection:
‘‘(e) RETENTION OF ENERGY SAVINGS.—An agency
may retain any funds appropriated to that agency for en-
ergy expenditures, at buildings subject to the requirements
of section 543(a) and (b), that are not made because of
energy savings. Except as otherwise provided by law, such
funds may be used only for energy efficiency or unconven-
tional and renewable energy resources projects.’’.
(h) REPORTS.—Section 548 of such Act (42 U.S.C.
8258) is amended as follows:
(1) In subsection (a)—
(A) by inserting ‘‘in accordance with guide-
lines established by and’’ after ‘‘to the Sec-
retary,’’;
(B) by striking ‘‘and’’ at the end of para-
graph (1);
(C) by striking the period at the end of
paragraph (2) and inserting a semicolon; and
(D) by adding at the end the following new
paragraph:
‘‘(3) an energy emergency response plan devel-
oped by the agency.’’.
(2) In subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) all information transmitted to the Sec-
retary under subsection (a).’’.
(3) By amending subsection (c) to read as fol-
lows:
‘‘(c) AGENCY REPORTS TO CONGRESS.—Each agency
shall annually report to the Congress, as part of the agen-
cy’s annual budget request, on all of the agency’s activities
implementing any Federal energy management require-
ment.’’.
(i) INSPECTOR GENERAL ENERGY AUDITS.—Section
160(c) of the Energy Policy Act of 1992 (42 U.S.C.
8262f(c)) is amended by striking ‘‘is encouraged to con-
duct periodic’’ and inserting ‘‘shall conduct periodic’’.
(j) FEDERAL ENERGY MANAGEMENT REVIEWS.—
Section 543 of the National Energy Conservation Policy
Act (42 U.S.C. 8253) is amended by adding at the end
the following:
‘‘(g) PRIORITY RESPONSE REVIEWS.—Each agency
shall—
‘‘(1) not later than 9 months after the date of
the enactment of this subsection, undertake a com-
prehensive review of all practicable measures for—
‘‘(A) increasing energy and water con-
servation, and
‘‘(B) using renewable energy sources; and
‘‘(2) not later than 180 days after completing
the review, develop plans to achieve not less than 50
percent of the potential efficiency and renewable sav-
ings identified in the review.
The agency shall implement such measures as soon there-
after as is practicable, consistent with compliance with the
requirements of this section.’’.
SEC. 122. ENHANCEMENT AND EXTENSION OF AUTHORITY
RELATING TO FEDERAL ENERGY SAVINGS
PERFORMANCE CONTRACTS.
(a) COST SAVINGS FROM OPERATION AND MAINTE-
NANCE EFFICIENCIES IN REPLACEMENT FACILITIES.—
Section 801(a) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287(a)) is amended by adding at the
end the following new paragraph:
‘‘(3)(A) In the case of an energy savings contract or
energy savings performance contract providing for energy
savings through the construction and operation of one or
more buildings or facilities to replace one or more existing
buildings or facilities, benefits ancillary to the purpose of
such contract under paragraph (1) may include savings
resulting from reduced costs of operation and maintenance
at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings
or facilities being replaced, established through a method-
ology set forth in the contract.
‘‘(B) Notwithstanding paragraph (2)(B), aggregate
annual payments by an agency under an energy savings
contract or energy savings performance contract referred
to in subparagraph (A) may take into account (through
the procedures developed pursuant to this section) savings
resulting from reduced costs of operation and maintenance
as described in that subparagraph.’’.
(b) EXPANSION OF DEFINITION OF ENERGY SAVINGS
TO INCLUDE WATER AND REPLACEMENT FACILITIES.—
(1) ENERGY SAVINGS.—Section 804(2) of the
National Energy Conservation Policy Act (42 U.S.C.
8287c(2)) is amended to read as follows:
‘‘(2)(A) The term ‘energy savings’ means a re-
duction in the cost of energy or water, from a base
cost established through a methodology set forth in
the contract, used in an existing federally owned
building or buildings or other federally owned facili-
ties as a result of—
‘‘(i) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
‘‘(ii) the increased efficient use of existing
energy sources by solar and ground source geo-
thermal resources, cogeneration or heat recov-
ery (including by the use of a Stirling heat en-
gine), excluding any cogeneration process for
other than a federally owned building or build-
ings or other federally owned facilities; or
‘‘(iii) the increased efficient use of existing
water sources.
‘‘(B) The term ‘energy savings’ also means, in
the case of a replacement building or facility de-
scribed in section 801(a)(3), a reduction in the cost
of energy, from a base cost established through a
methodology set forth in the contract, that would
otherwise be utilized in one or more existing feder-
ally owned buildings or other federally owned facili-
ties by reason of the construction and operation of
the replacement building or facility.’’.
(2) 
ENERGY
SAVINGS
CONTRACT.—Section
804(3) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(3)) is amended to read as fol-
lows:
‘‘(3) The terms ‘energy savings contract’ and
‘energy savings performance contract’ mean a con-
tract which provides for—
‘‘(A) the performance of services for the
design, acquisition, installation, testing, oper-
ation, and, where appropriate, maintenance and
repair, of an identified energy or water con-
servation measure or series of measures at one
or more locations; or
‘‘(B) energy savings through the construc-
tion and operation of one or more buildings or
facilities to replace one or more existing build-
ings or facilities.’’.
(3) ENERGY OR WATER CONSERVATION MEAS-
URE.—Section 804(4) of the National Energy Con-
servation Policy Act (42 U.S.C. 8287c(4)) is amend-
ed to read as follows:
‘‘(4) The term ‘energy or water conservation
measure’ means—
‘‘(A) an energy conservation measure, as
defined in section 551(4) (42 U.S.C. 8259(4));
or
‘‘(B) a water conservation measure that
improves water efficiency, is life cycle cost effec-
tive, and involves water conservation, water re-
cycling or reuse, improvements in operation or
maintenance efficiencies, retrofit activities, or
other related activities, not at a Federal hydro-
electric facility.’’.
(4) 
CONFORMING
AMENDMENT.—Section
801(a)(2)(C) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)(2)(C)) is amended by
inserting ‘‘or water’’ after ‘‘financing energy’’.
(c) EXTENSION OF AUTHORITY.—Section 801(c) of
the National Energy Conservation Policy Act (42 U.S.C.
8287(c)) is repealed.
(d) 
CONTRACTING
AND
AUDITING.—Section
801(a)(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)) is amended by adding at the end
the following new subparagraph:
‘‘(E) A Federal agency shall engage in contracting
and auditing to implement energy savings performance
contracts as necessary and appropriate to ensure compli-
ance with the requirements of this Act, particularly the
energy efficiency requirements of section 543.’’.
SEC. 123. CLARIFICATION AND ENHANCEMENT OF AUTHOR-
ITY TO ENTER UTILITY INCENTIVE PRO-
GRAMS FOR ENERGY SAVINGS.
Section 546(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8256(c)) is amended as follows:
(1) In paragraph (3) by adding at the end the
following: ‘‘Such a utility incentive program may in-
clude a contract or contract term designed to pro-
vide for cost-effective electricity demand manage-
ment, energy efficiency, or water conservation.’’.
(2) By adding at the end of the following new
paragraphs:
‘‘(6) A utility incentive program may include a con-
tract or contract term for a reduction in the energy, from
a base cost established through a methodology set forth
in such a contract, that would otherwise be utilized in one
or more federally owned buildings or other federally owned
facilities by reason of the construction or operation of one
or more replacement buildings or facilities, as well as ben-
efits ancillary to the purpose of such contract or contract
term, including savings resulting from reduced costs of op-
eration and maintenance at new or additional buildings
or facilities when compared with the costs of operation and
maintenance at existing buildings or facilities.
‘‘(7) Federal agencies are encouraged to participate
in State or regional demand side reduction programs, in-
cluding those operated by wholesale market institutions
such as independent system operators, regional trans-
mission organizations and other entities. The availability
of such programs, and the savings resulting from such
participation, should be included in the evaluation of en-
ergy options for Federal facilities.’’.
SEC. 124. FEDERAL CENTRAL AIR CONDITIONER AND HEAT
PUMP EFFICIENCY.
(a) REQUIREMENT.—Federal agencies shall be re-
quired to acquire central air conditioners and heat pumps
that meet or exceed the standards established under sub-
section (b) or (c) in the case of all central air conditioners
and heat pumps acquired after the date of the enactment
of this Act.
(b) STANDARDS.—The standards referred to in sub-
section (a) are the following:
(1) For air-cooled air conditioners with cooling
capacities of less than 65,000 Btu/hour, a Seasonal
Energy Efficiency Ratio of 12.0.
(2) For air-source heat pumps with cooling ca-
pacities less than 65,000 Btu/hour, a Seasonal En-
ergy Efficiency Ratio of 12 SEER, and a Heating
Seasonal Performance Factor of 7.4.
(c) MODIFIED STANDARDS.—The Secretary of En-
ergy may establish, after appropriate notice and comment,
revised standards providing for reduced energy consump-
tion or increased energy efficiency of central air condi-
tioners and heat pumps acquired by the Federal Govern-
ment, but may not establish standards less rigorous than
those established by subsection (b).
(d) DEFINITIONS.—For purposes of this section, the
terms ‘‘Energy Efficiency Ratio’’, ‘‘Seasonal Energy Effi-
ciency Ratio’’, ‘‘Heating Seasonal Performance Factor’’,
and ‘‘Coefficient of Performance’’ have the meanings used
for those terms in Appendix M to Subpart B of Part 430
of title 10 of the Code of Federal Regulations, as in effect
on May 24, 2001.
(e) EXEMPTIONS.—An agency shall be exempt from
the requirements of this section with respect to air condi-
tioner or heat pump purchases for particular uses where
the agency head determines that purchase of a air condi-
tioner or heat pump for such use would be impractical.
A finding of impracticability shall be based on whether—
(1) the energy savings pay-back period for such
purchase would be less than 10 years;
(2) space constraints or other technical factors
would make compliance with this section cost-prohib-
itive; or
(3) in the case of the Departments of Defense
and Energy, compliance with this section would be
inconsistent with the proper discharge of national se-
curity functions.
SEC. 125. ADVANCED BUILDING EFFICIENCY TESTBED.
(a) ESTABLISHMENT.—The Secretary of Energy
shall establish an Advanced Building Efficiency Testbed
program for the development, testing, and demonstration
of advanced engineering systems, components, and mate-
rials to enable innovations in building technologies. The
program shall evaluate government and industry building
efficiency concepts, and demonstrate the ability of next
generation buildings to support individual and organiza-
tional productivity and health as well as flexibility and
technological change to improve environmental sustain-
ability.
(b) PARTICIPANTS.—The program established under
subsection (a) shall be led by a university having dem-
onstrated experience with the application of intelligent
workplaces and advanced building systems in improving
the quality of built environments. Such university shall
also have the ability to combine the expertise from more
than 12 academic fields, including electrical and computer
engineering, computer science, architecture, urban design,
and environmental and mechanical engineering. Such uni-
versity shall partner with other universities and entities
who have established programs and the capability of ad-
vancing innovative building efficiency technologies.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $18,000,000 for fiscal year
2002, to remain available until expended, of which
$6,000,000 shall be provided to the lead university de-
scribed in subsection (b), and the remainder shall be pro-
vided equally to each of the other participants referred to
in subsection (b).
SEC. 126. USE OF INTERVAL DATA IN FEDERAL BUILDINGS.
Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is amended by adding at the
end the following new subsection:
‘‘(h) USE OF INTERVAL DATA IN FEDERAL BUILD-
INGS.—Not later than January 1, 2003, each agency shall
utilize, to the maximum extent practicable, for the pur-
poses of efficient use of energy and reduction in the cost
of electricity consumed in its Federal buildings, interval
consumption data that measure on a real time or daily
basis consumption of electricity in its Federal buildings.
To meet the requirements of this subsection each agency
shall prepare and submit at the earliest opportunity pur-
suant to section 548(a) to the Secretary, a plan describing
how the agency intends to meet such requirements, includ-
ing how it will designate personnel primarily responsible
for achieving such requirements, and otherwise implement
this subsection.’’.
SEC. 127. REVIEW OF ENERGY SAVINGS PERFORMANCE
CONTRACT PROGRAM.
Within 180 days after the date of the enactment of
this Act, the Secretary of Energy shall complete a review
of the Energy Savings Performance Contract program to
identify statutory, regulatory, and administrative obstacles
that prevent Federal agencies from fully utilizing the pro-
gram. In addition, this review shall identify all areas for
increasing program flexibility and effectiveness, including
audit and measurement verification requirements, ac-
counting for energy use in determining savings, con-
tracting requirements, and energy efficiency services cov-
ered. The Secretary shall report these findings to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate, and shall implement identi-
fied administrative and regulatory changes to increase
program flexibility and effectiveness to the extent that
such changes are consistent with statutory authority.
SEC. 128. CAPITOL COMPLEX.
(a) ENERGY INFRASTRUCTURE.—The Architect of
the Capitol, building on the Master Plan Study completed
in July 2000, shall commission a study to evaluate the
energy infrastructure of the Capital Complex to determine
how the infrastructure could be augmented to become
more energy efficient, using unconventional and renewable
energy resources, in a way that would enable the Complex
to have reliable utility service in the event of power fluc-
tuations, shortages, or outages.
(b) AUTHORIZATION.—There is authorized to be ap-
propriated to the Architect of the Capitol to carry out this
section, not more than $2,000,000 for fiscal years after
the enactment of this Act.
Subtitle C—State Programs
SEC. 131. AMENDMENTS TO STATE ENERGY PROGRAMS.
(a) STATE ENERGY CONSERVATION PLANS.—Section
362 of the Energy Policy and Conservation Act (42 U.S.C.
6322) is amended by inserting at the end the following
new subsection:
‘‘(g) The Secretary shall, at least once every 3 years,
invite the Governor of each State to review and, if nec-
essary, revise the energy conservation plan of such State
submitted under subsection (b) or (e). Such reviews should
consider the energy conservation plans of other States
within the region, and identify opportunities and actions
carried out in pursuit of common energy conservation
goals.’’.
(b) STATE ENERGY EFFICIENCY GOALS.—Section
364 of the Energy Policy and Conservation Act (42 U.S.C.
6324) is amended by inserting ‘‘Each State energy con-
servation plan with respect to which assistance is made
available under this part on or after the date of the enact-
ment of Energy Advancement and Conservation Act of
2001, shall contain a goal, consisting of an improvement
of 25 percent or more in the efficiency of use of energy
in the State concerned in the calendar year 2010 as com-
pared to the calendar year 1990, and may contain interim
goals.’’ after ‘‘contain interim goals.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
365(f) of the Energy Policy and Conservation Act (42
U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years
1999 through 2003 such sums as may be necessary’’ and
inserting 
‘‘$75,000,000 
for 
fiscal 
year 
2002,
$100,000,000 
for 
fiscal 
years 
2003 
and 
2004,
$125,000,000 for fiscal year 2005’’.
SEC. 132. REAUTHORIZATION OF ENERGY CONSERVATION
PROGRAM FOR SCHOOLS AND HOSPITALS.
Section 397 of the Energy Policy and Conservation
Act (42 U.S.C. 6371f) is amended by striking ‘‘2003’’ and
inserting ‘‘2010’’.
SEC. 133. AMENDMENTS TO WEATHERIZATION ASSISTANCE
PROGRAM.
Section 422 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6872) is amended by striking ‘‘for
fiscal years 1999 through 2003 such sums as may be nec-
essary’’ and inserting ‘‘$273,000,000 for fiscal year 2002,
$325,000,000 for fiscal year 2003, $400,000,000 for fis-
cal year 2004, and $500,000,000 for fiscal year 2005’’.
SEC. 134. LIHEAP.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
2602(b) of the Low-Income Home Energy Assistance Act
of 1981 (42 U.S.C. 8621(b)) is amended by striking the
first sentence and inserting the following: ‘‘There are au-
thorized to be appropriated to carry out the provisions of
this title (other than section 2607A), $3,400,000,000 for
each of fiscal years 2001 through 2005.’’.
(b) GAO STUDY.—The Comptroller General of the
United States shall conduct a study to determine—
(1) the extent to which Low-Income Home En-
ergy Assistance (LIHEAP) and other government
energy subsidies paid to consumers discourage or en-
courage energy conservation and energy efficiency
investments when compared to structures of the
same physical description and occupancy in compat-
ible geographic locations;
(2) the extent to which education could increase
the conservation of low-income households who opt
to receive supplemental income instead of Low-In-
come Home Energy Assistance funds;
(3) the benefit in energy efficiency and energy
savings that can be achieved through the annual
maintenance of heating and cooling appliances in the
homes of those receiving Low-Income Home Energy
Assistance funds; and
(4) the loss of energy conservation that results
from structural inadequacies in a structure that is
unhealthy, not energy efficient, and environmentally
unsound and that receives Low-Income Home En-
ergy Assistance funds for weatherization.
SEC. 135. HIGH PERFORMANCE PUBLIC BUILDINGS.
(a) PROGRAM ESTABLISHMENT AND ADMINISTRA-
TION.—
(1) ESTABLISHMENT.—There is established in
the Department of Energy the High Performance
Public Buildings Program (in this section referred to
as the ‘‘Program’’).
(2) IN
GENERAL.—The Secretary of Energy
may, through the Program, make grants—
(A) to assist units of local government in
the production, through construction or renova-
tion of buildings and facilities they own and op-
erate, of high performance public buildings and
facilities that are healthful, productive, energy
efficient, and environmentally sound;
(B) to State energy offices to administer
the program of assistance to units of local gov-
ernment pursuant to this section; and
(C) to State energy offices to promote par-
ticipation by units of local government in the
Program.
(3) GRANTS TO ASSIST UNITS OF LOCAL GOV-
ERNMENT.—Grants under paragraph (2)(A) for new
public buildings shall be used to achieve energy effi-
ciency performance that reduces energy use at least
30 percent below that of a public building con-
structed in compliance with standards prescribed in
Chapter 8 of the 2000 International Energy Con-
servation Code, or a similar State code intended to
achieve substantially equivalent results. Grants
under paragraph (2)(A) for existing public buildings
shall be used to achieve energy efficiency perform-
ance that reduces energy use below the public build-
ing baseline consumption, assuming a 3-year, weath-
er-normalized average for calculating such baseline.
Grants under paragraph (2)(A) shall be made to
units of local government that have—
(A) demonstrated a need for such grants
in order to respond appropriately to increasing
population or to make major investments in
renovation of public buildings; and
(B) made a commitment to use the grant
funds to develop high performance public build-
ings in accordance with a plan developed and
approved pursuant to paragraph (5)(A).
(4) OTHER GRANTS.—
(A) 
GRANTS
FOR
ADMINISTRATION.—
Grants under paragraph (2)(B) shall be used to
evaluate compliance by units of local govern-
ment with the requirements of this section, and
in addition may be used for—
(i) distributing information and mate-
rials to clearly define and promote the de-
velopment of high performance public
buildings for both new and existing facili-
ties;
(ii) organizing and conducting pro-
grams for local government personnel, ar-
chitects, engineers, and others to advance
the concepts of high performance public
buildings;
(iii) obtaining technical services and
assistance in planning and designing high
performance public buildings; and
(iv) collecting and monitoring data
and information pertaining to the high per-
formance public building projects.
(B) GRANTS
TO
PROMOTE
PARTICIPA-
TION.—Grants under paragraph (2)(C) may be
used for promotional and marketing activities,
including facilitating private and public financ-
ing, promoting the use of energy service compa-
nies, working with public building users, and
communities, and coordinating public benefit
programs.
(5) IMPLEMENTATION.—
(A) PLANS.—A grant under paragraph
(2)(A) shall be provided only to a unit of local
government that, in consultation with its State
office of energy, has developed a plan that the
State energy office determines to be feasible
and appropriate in order to achieve the pur-
poses for which such grants are made.
(B) SUPPLEMENTING
GRANT
FUNDS.—
State energy offices shall encourage qualifying
units of local government to supplement their
grant funds with funds from other sources in
the implementation of their plans.
(b) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—Except as provided in para-
graph (3), funds appropriated to carry out this sec-
tion shall be provided to State energy offices.
(2) PURPOSES.—Except as provided in para-
graph (3), funds appropriated to carry out this sec-
tion shall be allocated as follows:
(A) Seventy percent shall be used to make
grants under subsection (a)(2)(A).
(B) Fifteen percent shall be used to make
grants under subsection (a)(2)(B).
(C) Fifteen percent shall be used to make
grants under subsection (a)(2)(C).
(3) OTHER FUNDS.—The Secretary of Energy
may retain not to exceed $300,000 per year from
amounts appropriated under subsection (c) to assist
State energy offices in coordinating and imple-
menting the Program. Such funds may be used to
develop reference materials to further define the
principles and criteria to achieve high performance
public buildings.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section such sums as may be nec-
essary for each of the fiscal years 2002 through 2010.
(d) REPORT TO CONGRESS.—The Secretary of En-
ergy shall conduct a biennial review of State actions imple-
menting this section, and the Secretary shall report to
Congress on the results of such reviews. In conducting
such reviews, the Secretary shall assess the effectiveness
of the calculation procedures used by the States in estab-
lishing eligibility of units of local government for funding
under this section, and may assess other aspects of the
State program to determine whether they have been effec-
tively implemented.
(e) DEFINITIONS.—For purposes of this section:
(1) HIGH PERFORMANCE PUBLIC BUILDING.—
The term ‘‘high performance public building’’ means
a public building which, in its design, construction,
operation, and maintenance, maximizes use of un-
conventional and renewable energy resources and en-
ergy efficiency practices, is cost-effective on a life
cycle basis, uses affordable, environmentally pref-
erable, durable materials, enhances indoor environ-
mental quality, protects and conserves water, and
optimizes site potential.
(2) RENEWABLE ENERGY.—The term ‘‘renew-
able energy’’ means energy produced by solar, wind,
geothermal, hydroelectric, or biomass power.
(3) UNCONVENTIONAL
AND
RENEWABLE
EN-
ERGY RESOURCES.—The term ‘‘unconventional and
renewable energy resources’’ means renewable en-
ergy, hydrogen, fuel cells, cogeneration, combined
heat and power, heat recovery (including by use of
a Stirling heat engine), and distributed generation.
Subtitle D—Energy Efficiency for
Consumer Products
SEC. 141. ENERGY STAR PROGRAM.
(a) AMENDMENT.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 and following) is amended by
inserting the following after section 324:
‘‘SEC. 324A. ENERGY STAR PROGRAM.
‘‘(a) IN GENERAL.—There is established at the De-
partment of Energy and the Environmental Protection
Agency a program to identify and promote energy-efficient
products and buildings in order to reduce energy consump-
tion, improve energy security, and reduce pollution
through labeling of products and buildings that meet the
highest energy efficiency standards. Responsibilities under
the program shall be divided between the Department of
Energy and the Environmental Protection Agency con-
sistent with the terms of agreements between the two
agencies. The Administrator and the Secretary shall—
‘‘(1) promote Energy Star compliant tech-
nologies as the preferred technologies in the market-
place for achieving energy efficiency and to reduce
pollution;
‘‘(2) work to enhance public awareness of the
Energy Star label; and
‘‘(3) preserve the integrity of the Energy Star
label.
For the purposes of carrying out this section, there is au-
thorized to be appropriated for fiscal years 2002 through
2006 such sums as may be necessary, to remain available
until expended.
‘‘(b) STUDY OF CERTAIN PRODUCTS AND BUILD-
INGS.—Within 180 days after the date of the enactment
of this section, the Secretary and the Administrator, con-
sistent with the terms of agreements between the two
agencies (including existing agreements with respect to
which agency shall handle a particular product or build-
ing), shall determine whether the Energy Star label should
be extended to additional products and buildings, includ-
ing the following:
‘‘(1) Air cleaners.
‘‘(2) Ceiling fans.
‘‘(3) Light commercial heating and cooling
products.
‘‘(4) Reach-in refrigerators and freezers.
‘‘(5) Telephony.
‘‘(6) Vending machines.
‘‘(7) Residential water heaters.
‘‘(8) Refrigerated beverage merchandisers.
‘‘(9) Commercial ice makers.
‘‘(10) School buildings.
‘‘(11) Retail buildings.
‘‘(12) Health care facilities.
‘‘(13) Homes.
‘‘(14) Hotels and other commercial lodging fa-
cilities.
‘‘(15) Restaurants and other food service facili-
ties.
‘‘(16) Solar water heaters.
‘‘(17) Building-integrated photovoltaic systems.
‘‘(18) Reflective pigment coatings.
‘‘(19) Windows.
‘‘(20) Boilers.
‘‘(21) Devices to extend the life of motor vehicle
oil.
‘‘(c) COOL ROOFING.—In determining whether the
Energy Star label should be extended to roofing products,
the Secretary and the Administrator shall work with the
roofing products industry to determine the appropriate
solar reflective index of roofing products.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the Energy Policy and Conservation Act is
amended by inserting after the item relating to section
324 the following new item:
‘‘Sec. 324A. Energy Star program.’’.
SEC. 141A. ENERGY SUN RENEWABLE AND ALTERNATIVE
ENERGY PROGRAM.
(a) AMENDMENT.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 and following) is amended by
inserting the following after section 324A:
‘‘SEC. 324B. ENERGY SUN RENEWABLE AND ALTERNATIVE
ENERGY PROGRAM.
‘‘(a) PROGRAM.—There is established at the Environ-
mental Protection Agency and the Department of Energy
a government-industry partnership program to identify
and promote the purchase of renewable and alternative en-
ergy products, to recognize companies that purchase re-
newable and alternative energy products for the environ-
mental and energy security benefits of such purchases,
and to educate consumers about the environmental and
energy security benefits of renewable and alternative en-
ergy. Responsibilities under the program shall be divided
between the Environmental Protection Agency and the
Department of Energy consistent with the terms of agree-
ments between the two agencies. The Administrator of the
Environmental Protection Agency and the Secretary of
Energy—
‘‘(1) establish an Energy Sun label for renew-
able and alternative energy products and tech-
nologies that the Administrator or the Secretary
(consistent with the terms of agreements between
the two agencies regarding responsibility for specific
product categories) determine to have substantial
environmental and energy security benefits and com-
mercial marketability.
‘‘(2) establish an Energy Sun Company pro-
gram to recognize private companies that draw a
substantial portion of their energy from renewable
and alternative sources that provide substantial envi-
ronmental and energy security benefits, as deter-
mined by the Administrator or the Secretary.
‘‘(3) promote Energy Sun compliant products
and technologies as the preferred products and tech-
nologies in the marketplace for reducing pollution
and achieving energy security; and
‘‘(4) work to enhance public awareness and pre-
serve the integrity of the Energy Sun label.
For the purposes of carrying out this section, there is au-
thorized to be appropriated $10,000,000 for each of fiscal
years 2002 through 2006.
‘‘(b) STUDY
OF
CERTAIN
PRODUCTS, TECH-
NOLOGIES, AND BUILDINGS.—Within 18 months after the
enactment of this section, the Administrator and the Sec-
retary, consistent with the terms of agreements between
the two agencies, shall conduct a study to determine
whether the Energy Sun label should be authorized for
products, technologies, and buildings in the following cat-
egories:
‘‘(1) Passive solar, solar thermal, concentrating
solar energy, solar water heating, and related solar
products and building technologies.
‘‘(2) Solar photovoltaics and other solar electric
power generation technologies.
‘‘(3) Wind.
‘‘(4) Geothermal.
‘‘(5) Biomass.
‘‘(6) Distributed energy (including, but not lim-
ited to, microturbines, combined heat and power,
fuel cells, and stirling heat engines).
‘‘(7) Green power or other renewables and al-
ternative based electric power products (including
green tag credit programs) sold to retail consumers
of electricity.
‘‘(8) Homes.
‘‘(9) School buildings.
‘‘(10) Retail buildings.
‘‘(11) Health care facilities.
‘‘(12) Hotels and other commercial lodging fa-
cilities.
‘‘(13) Restaurants and other food service facili-
ties.
‘‘(14) Rest area facilities along interstate high-
ways.
‘‘(15) Sports stadia, arenas, and concert facili-
ties.
‘‘(16) Any other product, technology or building
category, the accelerated recognition of which the
Administrator or the Secretary determines to be nec-
essary or appropriate for the achievement of the
purposes of this section.
Nothing in this subsection shall be construed to limit the
discretion of the Administrator or the Secretary under
subsection (a)(1) to include in the Energy Sun program
additional products, technologies, and buildings not listed
in this subsection. Participation by private-sector entities
in programs or studies authorized by this section shall be
(A) voluntary, and (B) by permission of the Administrator
or Secretary, on terms and conditions the Administrator
or the Secretary (consistent with agreements between the
agencies) deems necessary or appropriate to carry out the
purposes and requirements of this section.
‘‘(c) DEFINITION.—For the purposes of this section,
the term ‘renewable and alternative energy’ shall have the
same meaning as the term ‘unconventional and renewable
energy resources’ in Section 551 of the National Energy
Conservation Policy Act (42 U.S.C. 8259).’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the Energy Policy and Conservation Act is
amended by inserting after the item relating to section
324A the following new item:
‘‘Sec. 324B. Energy Sun renewable and alternative energy program.’’.
SEC. 142. LABELING OF ENERGY EFFICIENT APPLIANCES.
(a) STUDY.—Section 324(e) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(e)) is amended as fol-
lows:
(1) By inserting ‘‘(1)’’ before ‘‘The Secretary,
in consultation’’.
(2) By redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively.
(3) By adding the following new paragraph at
the end:
‘‘(2) The Secretary shall make recommendations to
the Commission within 180 days of the date of the enact-
ment of this paragraph regarding labeling of consumer
products that are not covered products in accordance with
this section, where such labeling is likely to assist con-
sumers in making purchasing decisions and is techno-
logically and economically feasible.’’.
(b) NONCOVERED PRODUCTS.—Section 324(a)(2) of
the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)) is amended by adding the following at the
end:
‘‘(F) Not later than 1 year after the date of the en-
actment of this subparagraph, the Commission shall ini-
tiate a rulemaking to prescribe labeling rules under this
section applicable to consumer products that are not cov-
ered products if it determines that labeling of such prod-
ucts is likely to assist consumers in making purchasing
decisions and is technologically and economically feasible.
‘‘(G) Not later than 3 months after the date of the
enactment of this subparagraph, the Commission shall ini-
tiate a rulemaking to consider the effectiveness of the cur-
rent consumer products labeling program in assisting con-
sumers in making purchasing decisions and improving en-
ergy efficiency and to consider changes to the label that
would improve the effectiveness of the label. Such rule-
making shall be completed within 15 months of the date
of the enactment of this subparagraph.’’.
SEC. 143. APPLIANCE STANDARDS.
(a) STANDARDS FOR HOUSEHOLD APPLIANCES IN
STANDBY MODE.—(1) Section 325 of the Energy Policy
and Conservation Act (42 U.S.C. 6295) is amended by
adding at the end the following:
‘‘(u) STANDBY MODE ELECTRIC ENERGY CONSUMP-
TION
BY HOUSEHOLD APPLIANCES.—(1) In this sub-
section:
‘‘(A) The term ‘household appliance’ means any
device that uses household electric current, operates
in a standby mode, and is identified by the Secretary
as a major consumer of electricity in standby mode,
except digital televisions, digital set top boxes, dig-
ital video recorders, any product recognized under
the Energy Star program, any product that was on
the date of the enactment of this Act subject to an
energy conservation standard under this section, and
any product regarding which the Secretary finds
that the expected additional cost to the consumer of
purchasing such product as a result of complying
with a standard established under this section is not
economically justified within the meaning of sub-
section (o).
‘‘(B) The term ‘standby mode’ means a mode
in which a household appliance consumes the least
amount of electric energy that the household appli-
ance is capable of consuming without being com-
pletely switched off (provided that, the amount of
electric energy consumed in such mode is substan-
tially less than the amount the household appliance
would consume in its normal operational mode).
‘‘(C) The term ‘major consumer of electricity in
standby mode’ means a product for which a stand-
ard prescribed under this section would result in
substantial energy savings as compared to energy
savings achieved or expected to be achieved by
standards established by the Secretary under sub-
sections (o) and (p) of this section for products that
were, at the time of the enactment of this sub-
section, covered products under this section.
‘‘(2)(A) Except as provided in subparagraph (B), a
household appliance that is manufactured in, or imported
for sale in, the United States on or after the date that
is 2 years after the date of the enactment of this sub-
section shall not consume in standby mode more than 1
watt.
‘‘(B) In the case of analog televisions, the Secretary
shall prescribe, on or after the date that is 2 years after
the date of the enactment of this subsection, in accordance
with subsections (o) and (p) of section 325, an energy con-
servation standard that is technologically feasible and eco-
nomically justified under section 325(o)(2)(A) (in lieu of
the 1 watt standard under subparagraph (A)).
‘‘(3)(A) A manufacturer or importer of a household
appliance may submit to the Secretary an application for
an exemption of the household appliance from the stand-
ard under paragraph (2).
‘‘(B) The Secretary shall grant an exemption for a
household appliance for which an application is made
under subparagraph (A) if the applicant provides evidence
showing that, and the Secretary determines that—
‘‘(i) it is not technically feasible to modify the
household appliance to enable the household appli-
ance to meet the standard;
‘‘(ii) the standard is incompatible with an en-
ergy efficiency standard applicable to the household
appliance under another subsection; or
‘‘(iii) the cost of electricity that a typical con-
sumer would save in operating the household appli-
ance meeting the standard would not equal the in-
crease in the price of the household appliance that
would be attributable to the modifications that
would be necessary to enable the household appli-
ance to meet the standard by the earlier of—
‘‘(I) the date that is 7 years after the date
of purchase of the household appliance; or
‘‘(II) the end of the useful life of the
household appliance.
‘‘(C) If the Secretary determines that it is not tech-
nically feasible to modify a household appliance to meet
the standard under paragraph (2), the Secretary shall es-
tablish a different standard for the household appliance
in accordance with the criteria under subsection (l).
‘‘(4)(A) Not later than 1 year after the date of the
enactment of this subsection, the Secretary shall establish
a test procedure for determining the amount of consump-
tion of power by a household appliance operating in stand-
by mode.
‘‘(B) In establishing the test procedure, the Secretary
shall consider—
‘‘(i) international test procedures under devel-
opment;
‘‘(ii) test procedures used in connection with
the Energy Star program; and
‘‘(iii) test procedures used for measuring power
consumption in standby mode in other countries.
‘‘(5) FURTHER
REDUCTION
OF
STANDBY
POWER
CONSUMPTION.—The Secretary shall provide technical as-
sistance to manufacturers in achieving further reductions
in standby mode electric energy consumption by household
appliances.
‘‘(v) STANDBY MODE ELECTRIC ENERGY CONSUMP-
TION
BY DIGITAL TELEVISIONS, DIGITAL SET TOP
BOXES, AND DIGITAL VIDEO RECORDERS.—The Sec-
retary shall initiate on January 1, 2007 a rulemaking to
prescribe, in accordance with subsections (o) and (p), an
energy conservation standard of standby mode electric en-
ergy consumption by digital television sets, digital set top
boxes, and digital video recorders. The Secretary shall
issue a final rule prescribing such standards not later than
18 months thereafter. In determining whether a standard
under this section is technologically feasible and economi-
cally justified under section 325(o)(2)(A), the Secretary
shall consider the potential effects on market penetration
by digital products covered under this section, and shall
consider any recommendations by the FCC regarding such
effects.’’.
(2) Section 325(o)(3) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(n)(1)) is amend-
ed by inserting at the end of the paragraph the fol-
lowing: ‘‘Notwithstanding any provision of this part,
the Secretary shall not amend a standard estab-
lished under subsection (u) or (v) of this section.’’.
(b) STANDARDS
FOR NONCOVERED PRODUCTS.—
Section 325(m) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(m)) is amended as follows:
(1) Inserting ‘‘(1)’’ before ‘‘After’’.
(2) Inserting the following at the end:
‘‘(2) Not later than 1 year after the date of the enact-
ment of the Energy Advancement and Conservation Act
of 2001, the Secretary shall conduct a rulemaking to de-
termine whether consumer products not classified as a
covered product under section 322(a)(1) through (18)
meet the criteria of section 322(b)(1) and is a major con-
sumer of electricity. If the Secretary finds that a consumer
product not classified as a covered product meets the cri-
teria of section 322(b)(1), he shall prescribe, in accordance
with subsections (o) and (p), an energy conservation
standard for such consumer product, if such standard is
reasonably probable to be technologically feasible and eco-
nomically justified within the meaning of subsection
(o)(2)(A). As used in this paragraph, the term ‘major con-
sumer of electricity’ means a product for which a standard
prescribed under this section would result in substantial
aggregate energy savings as compared to energy savings
achieved or expected to be achieved by standards estab-
lished by the Secretary under paragraphs (o) and (p) of
this section for products that were, at the time of the en-
actment of this paragraph, covered products under this
section.’’.
(c) CONSUMER EDUCATION ON ENERGY EFFICIENCY
BENEFITS OF AIR CONDITIONING, HEATING AND VEN-
TILATION MAINTENANCE.—Section 337 of the Energy
Policy and Conservation Act (42 U.S.C. 6307) is amended
by adding the following new subsection after subsection
(b):
‘‘(c) HVAC MAINTENANCE.—For the purpose of en-
suring that installed air conditioning and heating systems
operate at their maximum rated efficiency levels, the Sec-
retary shall, within 180 days of the date of the enactment
of this subsection, develop and implement a public edu-
cation campaign to educate homeowners and small busi-
ness owners concerning the energy savings resulting from
regularly scheduled maintenance of air conditioning, heat-
ing, and ventilating systems. In developing and imple-
menting this campaign, the Secretary shall consider sup-
port by the Department of public education programs
sponsored by trade and professional and energy efficiency
organizations. The public service information shall provide
sufficient information to allow consumers to make in-
formed choices from among professional, licensed (where
State or local licensing is required) contractors. There are
authorized to be appropriated to carry out this subsection
$5,000,000 for fiscal years 2002 and 2003 in addition to
amounts otherwise appropriated in this part.’’.
(d) EFFICIENCY STANDARDS FOR FURNACE FANS,
CEILING
FANS, 
AND
COLD
DRINK
VENDING
MA-
CHINES.—
(1) DEFINITIONS.—Section 321 of the Energy
Policy and Conservation Act (42 U.S.C. 6291) is
amended by adding the following at the end thereof:
‘‘(32) The term ‘residential furnace fan’ means
an electric fan installed as part of a furnace for pur-
poses of circulating air through the system air fil-
ters, the heat exchangers or heating elements of the
furnace, and the duct work.
‘‘(33) The terms ‘residential central air condi-
tioner fan’ and ‘heat pump circulation fan’ mean an
electric fan installed as part of a central air condi-
tioner or heat pump for purposes of circulating air
through the system air filters, the heat exchangers
of the air conditioner or heat pump, and the duct
work.
‘‘(34) The term ‘suspended ceiling fan’ means
a fan intended to be mounted to a ceiling outlet box,
ceiling building structure, or to a vertical rod sus-
pended from the ceiling, and which as blades which
rotate below the ceiling and consists of an electric
motor, fan blades (which rotate in a direction par-
allel to the floor), an optional lighting kit, and one
or more electrical controls (integral or remote) gov-
erning fan speed and lighting operation.
‘‘(35) The term ‘refrigerated bottled or canned
beverage vending machine’ means a machine that
cools bottled or canned beverages and dispenses
them upon payment.’’.
(2) TESTING REQUIREMENTS.—Section 323 of
the Energy Policy and Conservation Act (42 U.S.C.
6293) is amended by adding the following at the end
thereof:
‘‘(f) ADDITIONAL CONSUMER PRODUCTS.—The Sec-
retary shall within 18 months after the date of the enact-
ment of this subsection prescribe testing requirements for
residential furnace fans, residential central air conditioner
fans, heat pump circulation fans, suspended ceiling fans,
and refrigerated bottled or canned beverage vending ma-
chines. Such testing requirements shall be based on exist-
ing test procedures used in industry to the extent practical
and reasonable. In the case of residential furnace fans,
residential central air conditioner fans, heat pump circula-
tion fans, and suspended ceiling fans, such test procedures
shall include efficiency at both maximum output and at
an output no more than 50 percent of the maximum out-
put.’’.
(3) STANDARDS FOR ADDITIONAL CONSUMER
PRODUCTS.—Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended by
adding the following at the end thereof:
‘‘(w) RESIDENTIAL FURNACE FANS, CENTRAL AIR
AND HEAT PUMP CIRCULATION FANS, SUSPENDED CEIL-
ING FANS, AND VENDING MACHINES.—(1) The Secretary
shall, within 18 months after the date of the enactment
of this subsection, assess the current and projected future
market for residential furnace fans, residential central air
conditioner and heat pump circulation fans, suspended
ceiling fans, and refrigerated bottled or canned beverage
vending machines. This assessment shall include an exam-
ination of the types of products sold, the number of prod-
ucts in use, annual sales of these products, energy used
by these products sold, the number of products in use,
annual sales of these products, energy used by these prod-
ucts, estimates of the potential energy savings from spe-
cific technical improvements to these products, and an ex-
amination of the cost-effectiveness of these improvements.
Prior to the end of this time period, the Secretary shall
hold an initial scoping workshop to discuss and receive
input to plans for developing minimum efficiency stand-
ards for these products.
‘‘(2) The Secretary shall within 24 months after the
date on which testing requirements are prescribed by the
Secretary pursuant to section 323(f), prescribe, by rule,
energy conservation standards for residential furnace fans,
residential central air conditioner and heat pump circula-
tion fans, suspended ceiling fans, and refrigerated bottled
or canned beverage vending machines. In establishing
these standards, the Secretary shall use the criteria and
procedures contained in subsections (l) and (m). Any
standard prescribed under this section shall apply to prod-
ucts manufactured 36 months after the date such rule is
published.’’.
(4) LABELING.—Section 324(a) of the Energy
Policy and Conservation Act (42 U.S.C. 6294(a)) is
amended by adding the following at the end thereof:
‘‘(5) The Secretary shall within 6 months after the
date on which energy conservation standards are pre-
scribed by the Secretary for covered products referred to
in section 325(w), prescribe, by rule, labeling requirements
for such products. These requirements shall take effect on
the same date as the standards prescribed pursuant to sec-
tion 325(w).’’.
(5) COVERED PRODUCTS.—Section 322(a) of
the Energy Policy and Conservation Act (42 U.S.C.
6292(a)) is amended by redesignating paragraph
(19) as paragraph (20) and by inserting after para-
graph (18) the following:
‘‘(19) Beginning on the effective date for stand-
ards established pursuant to subsection (v) of sec-
tion 325, each product referred to in such subsection
(v).’’.
Subtitle E—Energy Efficient
Vehicles
SEC. 151. HIGH OCCUPANCY VEHICLE EXCEPTION.
(a) 
IN
GENERAL.—Notwithstanding 
section
102(a)(1) of title 23, United States Code, a State may,
for the purpose of promoting energy conservation, permit
a vehicle with fewer than 2 occupants to operate in high
occupancy vehicle lanes if such vehicle is a hybrid vehicle
or is fueled by an alternative fuel.
(b) HYBRID VEHICLE DEFINED.—In this section, the
term ‘‘hybrid vehicle’’ means a motor vehicle—
(1) which draws propulsion energy from on-
board sources of stored energy which are both—
(A) an internal combustion or heat engine
using combustible fuel; and
(B) a rechargeable energy storage system;
(2) which, in the case of a passenger automobile
or light truck—
(A) for 2002 and later model vehicles, has
received a certificate of conformity under sec-
tion 206 of the Clean Air Act (42 U.S.C. 7525)
and meets or exceeds the equivalent qualifying
California low emission vehicle standard under
section 243(e)(2) of the Clean Air Act (42
U.S.C. 7583(e)(2)) for that make and model
year; and
(B) for 2004 and later model vehicles, has
received a certificate that such vehicle meets
the Tier II emission level established in regula-
tions prescribed by the Administrator of the
Environmental Protection Agency under section
202(i) of the Clean Air Act (42 U.S.C. 7521(i))
for that make and model year vehicle; and
(3) which is made by a manufacturer.
(c) ALTERNATIVE FUEL DEFINED.—In this section,
the term ‘‘alternative fuel’’ has the meaning such term has
under section 301(2) of the Energy Policy Act of 1992
(42 U.S.C. 13211(2)).
SEC. 152. RAILROAD EFFICIENCY.
(a) LOCOMOTIVE TECHNOLOGY DEMONSTRATION.—
The Secretary of Energy shall establish a public-private
research partnership with railroad carriers, locomotive
manufacturers, and a world-class research and test center
dedicated to the advancement of railroad technology, effi-
ciency, and safety that is owned by the Federal Railroad
Administration and operated in the private sector, for the
development and demonstration of locomotive technologies
that increase fuel economy and reduce emissions.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of En-
ergy $25,000,000 for fiscal year 2002, $30,000,000 for
fiscal year 2003, and $35,000,000 for fiscal year 2004 for
carrying out this section.
SEC. 153. BIODIESEL FUEL USE CREDITS.
Section 312(c) of the Energy Policy Act of 1992 (42
U.S.C. 13220(c)) is amended—
(1) by striking ‘‘NOT’’ in the subsection head-
ing; and
(2) by striking ‘‘not’’.
SEC. 154. MOBILE TO STATIONARY SOURCE TRADING.
Within 90 days after the enactment of this section,
the Administrator of the Environmental Protection Agen-
cy is directed to commence a review of the Agency’s poli-
cies regarding the use of mobile to stationary source trad-
ing of emission credits under the Clean Air Act to deter-
mine whether such trading can provide both nonattain-
ment and attainment areas with additional flexibility in
achieving and maintaining healthy air quality and increas-
ing use of alternative fuel and advanced technology vehi-
cles, thereby reducing United States dependence on for-
eign oil.
Subtitle F—Other Provisions
SEC. 161. REVIEW OF REGULATIONS TO ELIMINATE BAR-
RIERS TO EMERGING ENERGY TECHNOLOGY.
(a) IN GENERAL.—Each Federal agency shall carry
out a review of its regulations and standards to determine
those that act as a barrier to market entry for emerging
energy-efficient technologies, including, but not limited to,
fuel cells, combined heat and power, and distributed gen-
eration (including small-scale renewable energy).
(b) REPORT
TO CONGRESS.—No later than 18
months after the date of the enactment of this section,
each agency shall provide a report to Congress and the
President detailing all regulatory barriers to emerging en-
ergy-efficient technologies, along with actions the agency
intends to take, or has taken, to remove such barriers.
(c) PERIODIC REVIEW.—Each agency shall subse-
quently review its regulations and standards in the man-
ner specified in this section no less frequently than every
5 years, and report their findings to Congress and the
President. Such reviews shall include a detailed analysis
of all agency actions taken to remove existing barriers to
emerging energy technologies.
SEC. 162. ADVANCED IDLE ELIMINATION SYSTEMS.
(a) DEFINITIONS.—
(1) ADVANCED IDLE ELIMINATION SYSTEM.—
The term ‘‘advanced idle elimination system’’ means
a device or system of devices that is installed at a
truck stop or other location (for example, a loading,
unloading, or transfer facility) where vehicles (such
as trucks, trains, buses, boats, automobiles, and rec-
reational vehicles) are parked and that is designed
to provide to the vehicle the services (such as heat,
air conditioning, and electricity) that would other-
wise require the operation of the auxiliary or drive
train engine or both while the vehicle is stationary
and parked.
(2) EXTENDED IDLING.—The term ‘‘extended
idling’’ means the idling of a motor vehicle for a pe-
riod greater than 60 minutes.
(b) RECOGNITION OF BENEFITS OF ADVANCED IDLE
ELIMINATION SYSTEMS.—Within 90 days after the date
of the enactment of this subsection, the Administrator of
the Environmental Protection Agency is directed to com-
mence a review of the Agency’s mobile source air emis-
sions models used under the Clean Air Act to determine
whether such models accurately reflect the emissions re-
sulting from extended idling of heavy-duty trucks and
other vehicles and engines, and shall update those models
as the Administrator deems appropriate. Additionally,
within 90-days after the date of the enactment of this sub-
section, the Administrator shall commence a review as to
the appropriate emissions reductions credit that should be
allotted under the Clean Air Act for the use of advanced
idle elimination systems, and whether such credits should
be subject to an emissions trading system, and shall revise
Agency regulations and guidance as the Administrator
deems appropriate.
SEC. 163. STUDY OF BENEFITS AND FEASIBILITY OF OIL BY-
PASS FILTRATION TECHNOLOGY.
(a) STUDY.—The Secretary of Energy and the Ad-
ministrator of the Environmental Protection Agency shall
jointly conduct a study of oil bypass filtration technology
in motor vehicle engines. The study shall analyze and
quantify the potential benefits of such technology in terms
of reduced demand for oil and the potential environmental
benefits of the technology in terms of reduced waste and
air pollution. The Secretary and the Administrator shall
also examine the feasibility of using such technology in
the Federal motor vehicle fleet.
(b) REPORT.—Not later than 6 months after the en-
actment of this Act, the Secretary of Energy and the Ad-
ministrator of the Environmental Protection Agency shall
jointly submit a report containing the results of the study
conducted under subsection (a) to the Committee on En-
ergy and Commerce of the United States House of Rep-
resentatives and to the Committee on Energy and Natural
Resources of the United States Senate.
SEC. 164. GAS FLARE STUDY.
(a) STUDY.—The Secretary of Energy shall conduct
a study of the economic feasibility of installing small co-
generation facilities utilizing excess gas flares at petro-
chemical facilities to provide reduced electricity costs to
customers living within 3 miles of the petrochemical facili-
ties. The Secretary shall solicit public comment to assist
in preparing the report required under subsection (b).
(b) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Energy
shall transmit a report to the Congress on the results of
the study conducted under subsection (a).
SEC. 165. TELECOMMUTING STUDY.
(a) STUDY REQUIRED.—The Secretary, in consulta-
tion with Commission, and the NTIA, shall conduct a
study of the energy conservation implications of the wide-
spread adoption of telecommuting in the United States.
(b) REQUIRED SUBJECTS OF STUDY.—The study re-
quired by subsection (a) shall analyze the following sub-
jects in relation to the energy saving potential of telecom-
muting:
(1) Reductions of energy use and energy costs
in commuting and regular office heating, cooling,
and other operations.
(2) Other energy reductions accomplished by
telecommuting.
(3) Existing regulatory barriers that hamper
telecommuting, including barriers to broadband tele-
communications services deployment.
(4) Collateral benefits to the environment, fam-
ily life, and other values.
(c) REPORT REQUIRED.—The Secretary shall submit
to the President and the Congress a report on the study
required by this section not later than 6 months after the
date of the enactment of this Act. Such report shall in-
clude a description of the results of the analysis of each
of the subject described in subsection (b).
(d) DEFINITIONS.—As used in this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(2) COMMISSION.—The term ‘‘Commission’’
means the Federal Communications Commission.
(3) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration of the Department of Commerce.
(4) TELECOMMUTING.—The term ‘‘telecom-
muting’’ means the performance of work functions
using communications technologies, thereby elimi-
nating or substantially reducing the need to com-
mute to and from traditional worksites.
TITLE II—AUTOMOBILE FUEL
ECONOMY
SEC. 201. AVERAGE FUEL ECONOMY STANDARDS FOR NON-
PASSENGER AUTOMOBILES.
Section 32902(a) of title 49, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘NONPASSENGER
AUTOMOBILES.—’’; and
(2) by adding at the end the following:
‘‘(2) The Secretary shall prescribe under paragraph
(1) average fuel economy standards for automobiles (ex-
cept passenger automobiles) manufactured in model years
2004 through 2010 that are calculated to ensure that the
aggregate amount of gasoline projected to be used in those
model years by automobiles to which the standards apply
is at least 5 billion gallons less than the aggregate amount
of gasoline that would be used in those model years by
such automobiles if they achieved only the fuel economy
required under the average fuel economy standard that ap-
plies under this subsection to automobiles (except pas-
senger automobiles) manufactured in model year 2002.’’.
SEC. 202. CONSIDERATION OF PRESCRIBING DIFFERENT
AVERAGE FUEL ECONOMY STANDARDS FOR
NONPASSENGER AUTOMOBILES.
(a) IN GENERAL.—The Secretary of Transportation
shall, in prescribing average fuel economy standards under
section 32902(a) of title 49, United States Code, for auto-
mobiles (except passenger automobiles) manufactured in
model year 2004, consider the potential benefits of—
(1) establishing a weight-based system for auto-
mobiles, that is based on the inertia weight, curb
weight, gross vehicle weight rating, or another ap-
propriate measure of such automobiles; and
(2) prescribing different fuel economy standards
for automobiles that are subject to the weight-based
system.
(b) SPECIFIC CONSIDERATIONS.—In implementing
this section the Secretary—
(1) shall consider any recommendations made
in the National Academy of Sciences study com-
pleted pursuant to the Department of Transpor-
tation and Related Agencies Appropriations Act,
2000 (Public Law 106–346; 114 Stat. 2763 et seq.);
and
(2) shall evaluate the merits of any weight-
based system in terms of motor vehicle safety, en-
ergy conservation, and competitiveness of and em-
ployment in the United States automotive sector,
and if a weight-based system is established by the
Secretary a manufacturer may trade credits between
or among the automobiles (except passenger auto-
mobiles) manufactured by the manufacturer.
SEC. 203. DUAL FUELED AUTOMOBILES.
(a) PURPOSES.—The purposes of this section are—
(1) to extend the manufacturing incentives for
dual fueled automobiles, as set forth in subsections
(b) and (d) of section 32905 of title 49, United
States Code, through the 2008 model year; and
(2) to similarly extend the limitation on the
maximum average fuel economy increase for such
automobiles, as set forth in subsection (a)(1) of sec-
tion 32906 of title 49, United States Code.
(b) AMENDMENTS.—
(1) 
MANUFACTURING
INCENTIVES.—Section
32905 of title 49, United States Code, is amended
as follows:
(A) Subsections (b) and (d) are each
amended by striking ‘‘model years 1993–2004’’
and inserting ‘‘model years 1993–2008’’.
(B) Subsection (f) is amended by striking
‘‘Not later than December 31, 2001, the Sec-
retary’’ and inserting ‘‘Not later than Decem-
ber 31, 2005, the Secretary’’.
(C) Subsection (f)(1) is amended by strik-
ing ‘‘model year 2004’’ and inserting ‘‘model
year 2008’’.
(D) Subsection (g) is amended by striking
‘‘Not later than September 30, 2000’’ and in-
serting ‘‘Not later than September 30, 2004’’.
(2) MAXIMUM
FUEL
ECONOMY
INCREASE.—
Subsection (a)(1) of section 32906 of title 49,
United States Code, is amended as follows:
(A) Subparagraph (A) is amended by
striking ‘‘the model years 1993–2004’’ and in-
serting ‘‘model years 1993–2008’’.
(B) Subparagraph (B) is amended by
striking ‘‘the model years 2005–2008’’ and in-
serting ‘‘model years 2009–2012’’.
SEC. 204. FUEL ECONOMY OF THE FEDERAL FLEET OF
AUTOMOBILES.
Section 32917 of title 49, United States Code, is
amended to read as follows:
‘‘§ 32917. Standards for executive agency automobiles
‘‘(a) BASELINE AVERAGE FUEL ECONOMY.—The
head of each executive agency shall determine, for all auto-
mobiles in the agency’s fleet of automobiles that were
leased or bought as a new vehicle in fiscal year 1999, the
average fuel economy for such automobiles. For the pur-
poses of this section, the average fuel economy so deter-
mined shall be the baseline average fuel economy for the
agency’s fleet of automobiles.
‘‘(b) INCREASE OF AVERAGE FUEL ECONOMY.—The
head of an executive agency shall manage the procurement
of automobiles for that agency in such a manner that—
‘‘(1) not later than September 30, 2003, the av-
erage fuel economy of the new automobiles in the
agency’s fleet of automobiles is not less than 1 mile
per gallon higher than the baseline average fuel
economy determined under subsection (a) for that
fleet; and
‘‘(2) not later than September 30, 2005, the av-
erage fuel economy of the new automobiles in the
agency’s fleet of automobiles is not less than 3 miles
per gallon higher than the baseline average fuel
economy determined under subsection (a) for that
fleet.
‘‘(c) CALCULATION OF AVERAGE FUEL ECONOMY.—
Average fuel economy shall be calculated for the purposes
of this section in accordance with guidance which the Sec-
retary of Transportation shall prescribe for the implemen-
tation of this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘automobile’ does not include
any vehicle designed for combat-related missions,
law enforcement work, or emergency rescue work.
‘‘(2) The term ‘executive agency’ has the mean-
ing given that term in section 105 of title 5.
‘‘(3) The term ‘new automobile’, with respect to
the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the agency,
after September 30, 1999.’’.
SEC. 205. HYBRID VEHICLES AND ALTERNATIVE VEHICLES.
(a) IN GENERAL.—Section 303(b)(1) of the Energy
Policy Act of 1992 is amended by adding the following
at the end: ‘‘Of the total number of vehicles acquired by
a Federal fleet in fiscal years 2004 and 2005, at least
5 percent of the vehicles in addition to those covered by
the preceding sentence shall be alternative fueled vehicles
or hybrid vehicles and in fiscal year 2006 and thereafter
at least 10 percent of the vehicles in addition to those cov-
ered by the preceding sentence shall be alternative fueled
vehicles or hybrid vehicles.’’.
(b) DEFINITION.—Section 301 of such Act is amend-
ed by striking ‘‘and’’ at the end of paragraph (13), by
striking the period at the end of paragraph (14) and in-
serting ‘‘; and’’ and by adding at the end the following:
‘‘(15) The term ‘hybrid vehicle’ means a motor vehi-
cle which draws propulsion energy from onboard sources
of stored energy which are both—
‘‘(A) an internal combustion or heat engine
using combustible fuel; and
‘‘(B) a rechargeable energy storage system.’’.
SEC. 206. FEDERAL FLEET PETROLEUM-BASED NONALTER-
NATIVE FUELS.
(a) IN GENERAL.—Title III of the Energy Policy Act
of 1992 (42 U.S.C. 13212 et seq.) is amended as follows:
(1) By adding at the end thereof the following:
‘‘SEC. 313. CONSERVATION OF PETROLEUM-BASED FUELS
BY THE FEDERAL GOVERNMENT FOR LIGHT-
DUTY MOTOR VEHICLES.
‘‘(a) PURPOSES.—The purposes of this section are to
complement and supplement the requirements of section
303 of this Act that Federal fleets, as that term is defined
in section 303(b)(3), acquire in the aggregate a minimum
percentage of alternative fuel vehicles, to encourage the
manufacture and sale or lease of such vehicles nationwide,
and to achieve, in the aggregate, a reduction in the
amount of the petroleum-based fuels (other than the alter-
native fuels defined in this title) used by new light-duty
motor vehicles acquired by the Federal Government in
model years 2004 through 2010 and thereafter.
‘‘(b) IMPLEMENTATION.—In furtherance of such pur-
poses, such Federal fleets in the aggregate shall reduce
the purchase of petroleum-based nonalternative fuels for
such fleets beginning October 1, 2003, through September
30, 2009, from the amount purchased for such fleets over
a comparable period since enactment of this Act, as deter-
mined by the Secretary, through the annual purchase, in
accordance with section 304, and the use of alternative
fuels for the light-duty motor vehicles of such Federal
fleets, so as to achieve levels which reflect total reliance
by such fleets on the consumptive use of alternative fuels
consistent with the provisions of section 303(b) of this
Act. The Secretary shall, within 120 days after the enact-
ment of this section, promulgate, in consultation with the
Administrator of the General Services Administration and
the Director of the Office of Management and Budget and
such other heads of entities referenced in section 303 with-
in the executive branch as such Director may designate,
standards for the full and prompt implementation of this
section by such entities. The Secretary shall monitor com-
pliance with this section and such standards by all such
fleets and shall report annually to the Congress, based on
reports by the heads of such fleets, on the extent to which
the requirements of this section and such standards are
being achieved. The report shall include information on
annual reductions achieved of petroleum-based fuels and
the problems, if any, encountered in acquiring alternative
fuels and in requiring their use.’’.
(2) By amending section 304(b) of such Act to
read as follows:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary or, as
appropriate, the head of each Federal fleet subject to the
provisions of this section and section 313 of this Act, such
sums as may be necessary to achieve the purposes of sec-
tion 313(a) and the provisions of this section. Such sums
shall remain available until expended.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1(b) of such Act is amended by adding at the
end of the items relating to title III the following:
‘‘Sec. 313. Conservation of petroleum-based fuels by the Federal Government for
light-duty motor vehicles.’’.
SEC. 207. STUDY OF FEASIBILITY AND EFFECTS OF REDUC-
ING USE OF FUEL FOR AUTOMOBILES.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of Trans-
portation shall enter into an arrangement with the Na-
tional Academy of Sciences under which the Academy
shall study the feasibility and effects of reducing by model
year 2010, by a significant percentage, the use of fuel for
automobiles.
(b) SUBJECTS OF STUDY.—The study under this sec-
tion shall include—
(1) examination of, and recommendation of al-
ternatives to, the policy under current Federal law
of establishing average fuel economy standards for
automobiles and requiring each automobile manufac-
turer to comply with average fuel economy standards
that apply to the automobiles it manufactures;
(2) examination of how automobile manufactur-
ers could contribute toward achieving the reduction
referred to in subsection (a);
(3) examination of the potential of fuel cell
technology in motor vehicles in order to determine
the extent to which such technology may contribute
to achieving the reduction referred to in subsection
(a); and
(4) examination of the effects of the reduction
referred to in subsection (a) on—
(A) gasoline supplies;
(B) the automobile industry, including
sales of automobiles manufactured in the
United States;
(C) motor vehicle safety; and
(D) air quality.
(c) REPORT.—The Secretary shall require the Na-
tional Academy of Sciences to submit to the Secretary and
the Congress a report on the findings, conclusion, and rec-
ommendations of the study under this section by not later
than 1 year after the date of the enactment of this Act.
TITLE III—NUCLEAR ENERGY
SEC. 301. LICENSE PERIOD.
Section 103 c. of the Atomic Energy Act of 1954 (42
U.S.C. 2133(c)) is amended—
(1) by striking ‘‘c. Each such’’ and inserting
the following:
‘‘c. LICENSE PERIOD.—
‘‘(1) IN GENERAL.—Each such’’; and
(2) by adding at the end the following:
‘‘(2) COMBINED LICENSES.—In the case of a
combined construction and operating license issued
under section 185 b., the initial duration of the li-
cense may not exceed 40 years from the date on
which the Commission finds, before operation of the
facility, that the acceptance criteria required by sec-
tion 185 b. are met.’’.
SEC. 302. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161 w. of the Atomic Energy Act of 1954
(42 U.S.C. 2201(w)) is amended—
(1) by striking ‘‘for or is issued’’ and all that
follows through ‘‘1702’’ and inserting ‘‘to the Com-
mission for, or is issued by the Commission, a li-
cense or certificate’’;
(2) by striking ‘‘483a’’ and inserting ‘‘9701’’;
and
(3) by striking ‘‘, of applicants for, or holders
of, such licenses or certificates’’.
SEC. 303. DEPLETED URANIUM HEXAFLUORIDE.
Section 1(b) of Public Law 105–204 is amended by
striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year
2005’’.
SEC. 304. NUCLEAR REGULATORY COMMISSION MEETINGS.
If a quorum of the Nuclear Regulatory Commission
gathers to discuss official Commission business the discus-
sions shall be recorded, and the Commission shall notify
the public of such discussions within 15 days after they
occur. The Commission shall promptly make a transcript
of the recording available to the public on request, except
to the extent that public disclosure is exempted or prohib-
ited by law. This section shall not apply to a meeting,
within the meaning of that term under section 552b(a)(2)
of title 5, United States Code.
SEC. 305. COOPERATIVE RESEARCH AND DEVELOPMENT
AND SPECIAL DEMONSTRATION PROJECTS
FOR THE URANIUM MINING INDUSTRY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary
$10,000,000 for each of fiscal years 2002, 2003, and 2004
for—
(1) cooperative, cost-shared, agreements be-
tween the Department of Energy and domestic ura-
nium producers to identify, test, and develop im-
proved in situ leaching mining technologies, includ-
ing low-cost environmental restoration technologies
that may be applied to sites after completion of in
situ leaching operations; and
(2) funding for competitively selected dem-
onstration projects with domestic uranium producers
relating to—
(A) enhanced production with minimal en-
vironmental impacts;
(B) restoration of well fields; and
(C) decommissioning and decontamination
activities.
(b) DOMESTIC URANIUM PRODUCER.—For purposes
of this section, the term ‘‘domestic uranium producer’’ has
the meaning given that term in section 1018(4) of the En-
ergy Policy Act of 1992 (42 U.S.C. 2296b–7(4)), except
that the term shall not include any producer that has not
produced uranium from domestic reserves on or after July
30, 1998.
SEC. 306. MAINTENANCE OF A VIABLE DOMESTIC URANIUM
CONVERSION INDUSTRY.
There are authorized to be appropriated to the Sec-
retary $800,000 for contracting with the Nation’s sole re-
maining uranium converter for the purpose of performing
research and development to improve the environmental
and economic performance of United States uranium con-
version operations.
SEC. 307. PADUCAH DECONTAMINATION AND DECOMMIS-
SIONING PLAN.
The Secretary of Energy shall prepare and submit
a plan to Congress within 180 days after the date of the
enactment of this Act that establishes scope, cost, sched-
ule, sequence of activities, and contracting strategy for—
(1) the decontamination and decommissioning
of the Department of Energy’s surplus buildings and
facilities at the Paducah Gaseous Diffusion Plant
that have no future anticipated reuse; and
(2) the remediation of Department of Energy
Material Storage Areas at the Paducah Gaseous Dif-
fusion Plant.
Such plan shall inventory all surplus facilities and build-
ings, and identify and rank health and safety risks associ-
ated with such facilities and buildings. Such plan shall in-
ventory all Department of Energy Material Storage Areas,
and identify and rank health and safety risks associated
with such Department of Energy Material Storage Areas.
The Department of Energy shall incorporate these risk
factors in designing the sequence and schedule for the
plan. Such plan shall identify funding requirements that
are in addition to the expected outlays included in the De-
partment of Energy’s Environmental Management Plan
for the Paducah Gaseous Diffusion Plan.
SEC. 308. STUDY TO DETERMINE FEASIBILITY OF DEVEL-
OPING COMMERCIAL NUCLEAR ENERGY PRO-
DUCTION FACILITIES AT EXISTING DEPART-
MENT OF ENERGY SITES.
(a) IN GENERAL.—The Secretary of Energy shall
conduct a study to determine the feasibility of developing
commercial nuclear energy production facilities at Depart-
ment of Energy sites in existence on the date of the enact-
ment of this Act, including—
(1) options for how and where nuclear power
plants can be developed on existing Department of
Energy sites;
(2) estimates on cost savings to the Federal
Government that may be realized by locating new
nuclear power plants on Federal sites;
(3) the feasibility of incorporating new tech-
nology into nuclear power plants located on Federal
sites;
(4) potential improvements in the licensing and
safety oversight procedures of nuclear power plants
located on Federal sites;
(5) an assessment of the effects of nuclear
waste management policies and projects as a result
of locating nuclear power plants located on Federal
sites; and
(6) any other factors that the Secretary believes
would be relevant in making the determination.
(b) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit
to Congress a report describing the results of the study
under subsection (a).
SEC. 309. PROHIBITION OF COMMERCIAL SALES OF URA-
NIUM BY THE UNITED STATES UNTIL 2009.
Section 3112 of the USEC Privatization Act (42
U.S.C. 2297h–10) is amended by adding at the end the
following new subsection:
‘‘(g) PROHIBITION ON SALES.—With the exception of
sales pursuant to subsection (b)(2) (42 U.S.C.2297h-
10(b)(2)), notwithstanding any other provision of law, the
United States Government shall not sell or transfer any
uranium (including natural uranium concentrates, natural
uranium hexafluoride, enriched uranium, depleted ura-
nium, or uranium in any other form) through March 23,
2009 (except sales or transfers for use by the Tennessee
Valley Authority in relation to the Department of Ener-
gy’s HEU or Tritium programs, or the Department or En-
ergy research reactor sales program, or any depleted ura-
nium hexaflouride to be transferred to a designated De-
partment of Energy contractor in conjunction with the
planned 
construction 
of 
the 
Depleted 
Uranium
Hexaflouride conversion plants in Portsmouth, Ohio, and
Paducah, Kentucky, to any natural uranium transferred
to the U.S. Enrichment Corporation from the Department
of Energy to replace contaminated uranium received from
the Department of Energy when the U.S. Enrichment
Corporation was privatized in July, 1998, or for emer-
gency purposes in the event of a disruption in supply to
end users in the United States). The aggregate of sales
or transfers of uranium by the United States Government
after March 23, 2009, shall not exceed 3,000,000 pounds
U3O8 per calendar year.’’.
TITLE IV—HYDROELECTRIC
ENERGY
SEC. 401. ALTERNATIVE CONDITIONS AND FISHWAYS.
(a) ALTERNATIVE MANDATORY CONDITIONS.—Sec-
tion 4 of the Federal Power Act (16 U.S.C. 797) is
amended by adding at the end the following:
‘‘(h)(1) Whenever any person applies for a license for
any project works within any reservation of the United
States, and the Secretary of the department under whose
supervision such reservation falls deems a condition to
such license to be necessary under the first proviso of sub-
section (e), the license applicant or any other party to the
licensing proceeding may propose an alternative condition.
‘‘(2) Notwithstanding the first proviso of subsection
(e), the Secretary of the department under whose super-
vision the reservation falls shall accept the proposed alter-
native condition referred to in paragraph (1), and the
Commission shall include in the license such alternative
condition, if the Secretary of the appropriate department
determines, based on substantial evidence provided by the
party proposing such alternative condition, that the alter-
native condition—
‘‘(A) provides no less protection for the reserva-
tion than provided by the condition deemed nec-
essary by the Secretary; and
‘‘(B) will either—
‘‘(i) cost less to implement, or
‘‘(ii) result in improved operation of the
project works for electricity production,
as compared to the condition deemed necessary by
the Secretary.
‘‘(3) Within 1 year after the enactment of this sub-
section, each Secretary concerned shall, by rule, establish
a process to expeditiously resolve conflicts arising under
this subsection.’’.
(b) ALTERNATIVE FISHWAYS.—Section 18 of the
Federal Power Act (16 U.S.C. 811) is amended by—
(1) inserting ‘‘(a)’’ before the first sentence;
and
(2) adding at the end the following:
‘‘(b)(1) Whenever the Commission shall require a li-
censee to construct, maintain, or operate a fishway pre-
scribed by the Secretary of the Interior or the Secretary
of Commerce under this section, the licensee or any other
party to the proceeding may propose an alternative to such
prescription to construct, maintain, or operate a fishway.
‘‘(2) Notwithstanding subsection (a), the Secretary of
the Interior or the Secretary of Commerce, as appropriate,
shall accept and prescribe, and the Commission shall re-
quire, the proposed alternative referred to in paragraph
(1), if the Secretary of the appropriate department deter-
mines, based on substantial evidence provided by the party
proposing such alternative, that the alternative—
‘‘(A) will be no less effective than the fishway
initially prescribed by the Secretary, and
‘‘(B) will either—
‘‘(i) cost less to implement, or
‘‘(ii) result in improved operation of the
project works for electricity production,
as compared to the fishway initially prescribed by
the Secretary.
‘‘(3) Within 1 year after the enactment of this sub-
section, the Secretary of the Interior and the Secretary
of Commerce shall each, by rule, establish a process to
expeditiously resolve conflicts arising under this sub-
section.’’.
SEC. 402. FERC DATA ON HYDROELECTRIC LICENSING.
(a) DATA COLLECTION PROCEDURES.—The Federal
Energy Regulatory Commission shall revise its procedures
regarding the collection of data in connection with the
Commission’s consideration of hydroelectric licenses under
the Federal Power Act. Such revised data collection proce-
dures shall be designed to provide the Commission with
complete and accurate information concerning the time
and costs to parties involved in the licensing process. Such
data shall be available for each significant stage in the
licensing process and shall be designed to identify projects
with similar characteristics so that analyses can be made
of the time and costs involved in licensing proceedings
based upon the different characteristics of those pro-
ceedings.
(b) REPORTS.—Within 6 months after the date of the
enactment of this Act, the Commission shall notify the
Committee on Energy and Commerce of the United States
House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate of the
progress made by the Commission under subsection (a),
and within 1 year after such date of the enactment, the
Commission shall submit a report to such Committees
specifying the measures taken by the Commission pursu-
ant to subsection (a).
TITLE V—FUELS
SEC. 501. TANK DRAINING DURING TRANSITION TO SUM-
MERTIME RFG.
Not later than 60 days after the enactment of the
Act, the Administrator of the Environmental Protection
Agency shall commence a rulemaking to determine wheth-
er modifications to the regulations set forth in 40 CFR
Section 80.78 and any associated regulations regarding
the transition to high ozone season reformulated gasoline
are necessary to ensure that the transition to high ozone
season reformulated gasoline is conducted in a manner
that minimizes disruptions to the general availability and
affordability of gasoline, and maximizes flexibility with re-
gard to the draining and inventory management of gaso-
line storage tanks located at refineries, terminals, whole-
sale and retail outlets, consistent with the goals of the
Clean Air Act. The Administrator shall propose and take
final action in such rulemaking to ensure that any modi-
fications are effective and implemented at least 60 days
prior to the beginning of the high ozone season for the
year 2002.
SEC. 502. GASOLINE BLENDSTOCK REQUIREMENTS.
Not later than 60 days after the enactment of this
Act, the Administrator of the Environmental Protection
Agency shall commence a rulemaking to determine wheth-
er modifications to product transfer documentation, ac-
counting, compliance calculation, and other requirements
contained in the regulations of the Administrator set forth
in section 80.102 of title 40 of the Code of Federal Regu-
lations relating to gasoline blendstocks are necessary to
facilitate the movement of gasoline and gasoline feedstocks
among different regions throughout the country and to im-
prove the ability of petroleum refiners and importers to
respond to regional gasoline shortages and prevent unrea-
sonable short-term price increases. The Administrator
shall take into consideration the extent to which such re-
quirements have been, or will be, rendered unnecessary or
inefficient by reason of subsequent environmental safe-
guards that were not in effect at the time the regulations
in section 80.102 of title 40 of the Code of Federal Regu-
lations were promulgated. The Administrator shall pro-
pose and take final action in such rulemaking to ensure
that any modifications are effective and implemented at
least 60 days prior to the beginning of the high ozone sea-
son for the year 2002.
SEC. 503. BOUTIQUE FUELS.
(a) JOINT STUDY.—The Administrator of the Envi-
ronmental Protection Agency and the Secretary of Energy
shall jointly conduct a study of all Federal, State, and
local requirements regarding motor vehicle fuels, including
requirements relating to reformulated gasoline, volatility
(Reid Vapor Pressure), oxygenated fuel, diesel fuel and
other requirements that vary from State to State, region
to region, or locality to locality. The study shall analyze—
(1) the effect of the variety of such require-
ments on the price of motor vehicle fuels to the con-
sumer;
(2) the availability and affordability of motor
vehicle fuels in different States and localities;
(3) the effect of Federal, State, and local regu-
lations, including multiple fuel requirements, on do-
mestic refineries and the fuel distribution system;
(4) the effect of such requirements on local, re-
gional, and national air quality requirements and
goals;
(5) the effect of such requirements on vehicle
emissions;
(6) the feasibility of developing national or re-
gional fuel specifications for the contiguous United
States that would—
(A) enhance flexibility in the fuel distribu-
tion infrastructure and improve fuel fungibility;
(B) reduce price volatility and costs to con-
sumers and producers;
(C) meet local, regional, and national air
quality requirements and goals; and
(D) provide increased gasoline market li-
quidity;
(7) the extent to which the Environmental Pro-
tection Agency’s Tier II requirements for conven-
tional gasoline may achieve in future years the same
or similar air quality results as State reformulated
gasoline programs and State programs regarding
gasoline volatility (RVP); and
(8) the feasibility of providing incentives to pro-
mote cleaner burning fuel.
(b) REPORT.—By December 31, 2001, the Adminis-
trator of the Environmental Protection Agency and the
Secretary of Energy shall submit a report to the Congress
containing the results of the study conducted under sub-
section (a). Such report shall contain recommendations for
legislative and administrative actions that may be taken
to simplify the national distribution system for motor vehi-
cle fuel, make such system more cost-effective, and reduce
the costs and increase the availability of motor vehicle fuel
to the end user while meeting the requirements of the
Clean Air Act. Such recommendations shall take into ac-
count the need to provide lead time for refinery and fuel
distribution system modifications necessary to assure ade-
quate fuel supply for all States.
SEC. 504. FUNDING FOR MTBE CONTAMINATION.
Notwithstanding any other provision of law, there is
authorized to be appropriated to the Administrator of the
Environmental Protection Agency from the Leaking Un-
derground 
Storage 
Trust 
Fund 
not 
more 
than
$200,000,000 to be used for taking such action, limited
to assessment, corrective action, inspection of under-
ground storage tank systems, and groundwater monitoring
in connection with MTBE contamination, as the Adminis-
trator deems necessary to protect human health and the
environment from releases of methyl tertiary butyl ether
(MTBE) from underground storage tanks.
TITLE VI—RENEWABLE ENERGY
SEC. 601. ASSESSMENT OF RENEWABLE ENERGY RE-
SOURCES.
(a) RESOURCE ASSESSMENT.—Not later than 1 year
after the date of the enactment of this Act, and each year
thereafter, the Secretary of Energy shall publish an as-
sessment by the National Laboratories of all renewable en-
ergy resources available within the United States.
(b) CONTENTS OF REPORT.—The report published
under subsection (a) shall contain each of the following:
(1) A detailed inventory describing the available
amount and characteristics of solar, wind, biomass,
geothermal, hydroelectric and other renewable en-
ergy sources.
(2) Such other information as the Secretary of
Energy believes would be useful in developing such
renewable energy resources, including descriptions of
surrounding terrain, population and load centers,
nearby energy infrastructure, location of energy and
water resources, and available estimates of the costs
needed to develop each resource.
SEC. 602. RENEWABLE ENERGY PRODUCTION INCENTIVE.
Section 1212 of the Energy Policy Act of 1992 (42
U.S.C. 13317) is amended as follows:
(1) In subsection (a) by striking ‘‘and which
satisfies’’ and all that follows through ‘‘Secretary
shall establish.’’ and inserting ‘‘. The Secretary shall
establish other procedures necessary for efficient ad-
ministration of the program. The Secretary shall not
establish any criteria or procedures that have the ef-
fect of assigning to proposals a higher or lower pri-
ority for eligibility or allocation of appropriated
funds on the basis of the energy source proposed.’’.
(2) In subsection (b)—
(A) by striking ‘‘a State or any political’’
and all that follows through ‘‘nonprofit elec-
trical cooperative’’ and inserting ‘‘an electricity-
generating cooperative exempt from taxation
under 
section 
501(c)(12) 
or 
section
1381(a)(2)(C) of the Internal Revenue Code of
1986, a public utility described in section 115
of such Code, a State, Commonwealth, terri-
tory, or possession of the United States or the
District of Columbia, or a political subdivision
thereof, or an Indian tribal government or sub-
division thereof,’’; and
(B) By inserting ‘‘landfill gas,’’ after
‘‘wind, biomass,’’.
(3) In subsection (c) by striking ‘‘during the
10-fiscal year period beginning with the first full fis-
cal year occurring after the enactment of this sec-
tion’’ and inserting ‘‘before October 1, 2013’’.
(4) In subsection (d) by inserting ‘‘or in which
the Secretary finds that all necessary Federal and
State authorizations have been obtained to begin
construction of the facility’’ after ‘‘eligible for such
payments’’.
(5) In subsection (e)(1) by inserting ‘‘landfill
gas,’’ after ‘‘wind, biomass,’’.
100
(6) In subsection (f) by striking ‘‘the expiration
of’’ and all that follows through ‘‘of this section’’
and inserting ‘‘September 30, 2023’’.
(7) In subsection (g)—
(A) by striking ‘‘1993, 1994, and 1995’’
and inserting ‘‘2003 through 2023’’; and
(B) by inserting ‘‘Funds may be appro-
priated pursuant to this subsection to remain
available until expended.’’ after ‘‘purposes of
this section.’’.
SEC. 603. STUDY OF ETHANOL FROM SOLID WASTE LOAN
GUARANTEE PROGRAM.
The Secretary of Energy shall conduct a study of the
feasibility of providing guarantees for loans by private
banking and investment institutions for facilities for the
processing and conversion of municipal solid waste and
sewage sludge into fuel ethanol and other commercial by-
products, and not later than 90 days after the date of the
enactment of this Act shall transmit to the Congress a
report on the results of the study.
SEC. 604. STUDY OF RENEWABLE FUEL CONTENT.
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency and the Secretary of Energy
shall jointly conduct a study of the feasibility of developing
a requirement that motor vehicle fuel sold or introduced
101
into commerce in the United States in calendar year 2002
or any calendar year thereafter by a refiner, blender, or
importer shall, on a 6-month average basis, be comprised
of a quantity of renewable fuel, measured in gasoline-
equivalent gallons. As part of this study, the Adminis-
trator and Secretary shall evaluate the use of a banking
and trading credit system and the feasibility and desir-
ability of requiring an increasing percentage of renewable
fuel to be phased in over a 15-year period.
(b) REPORT
TO
CONGRESS.—Not later than 6
months after the date of the enactment of this Act, the
Administrator and the Secretary shall transmit to the
Congress a report on the results of the study conducted
under this section.
TITLE VII—PIPELINES
SEC. 701. PROHIBITION ON CERTAIN PIPELINE ROUTE.
No license, permit, lease, right-of-way, authorization
or other approval required under Federal law for the con-
struction of any pipeline to transport natural gas from
lands within the Prudhoe Bay oil and gas lease area may
be granted for any pipeline that follows a route that
traverses—
(1) the submerged lands (as defined by the
Submerged Lands Act) beneath, or the adjacent
shoreline of, the Beaufort Sea; and
102
(2) enters Canada at any point north of 68 de-
grees North latitude.
SEC. 702. HISTORIC PIPELINES.
Section 7 of the Natural Gas Act (15 U.S.C. 717(f))
is amended by adding at the end the following new sub-
section:
‘‘(i) Notwithstanding the National Historic Preserva-
tion Act, a transportation facility shall not be eligible for
inclusion on the National Register of Historic Places
unless—
‘‘(1) the Commission has permitted the aban-
donment of the transportation facility pursuant to
subsection (b) of this section, or
‘‘(2) the owner of the facility has given written
consent to such eligibility.
Any transportation facility deemed eligible for inclusion on
the National Register of Historic Places prior to the date
of the enactment of this subsection shall no longer be eligi-
ble unless the owner of the facility gives written consent
to such eligibility.’’.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. WASTE REDUCTION AND USE OF ALTERNATIVES.
(a) GRANT AUTHORITY.—The Secretary of Energy is
authorized to make a single grant to a qualified institution
103
to examine and develop the feasibility of burning post-con-
sumer carpet in cement kilns as an alternative energy
source. The purposes of the grant shall include
determining—
(1) how post-consumer carpet can be burned
without disrupting kiln operations;
(2) the extent to which overall kiln emissions
may be reduced; and
(3) how this process provides benefits to both
cement kiln operations and carpet suppliers.
(b) QUALIFIED INSTITUTION.—For the purposes of
subsection (a), a qualified institution is a research-inten-
sive institution of higher learning with demonstrated ex-
pertise in the fields of fiber recycling and logistical mod-
eling of carpet waste collection and preparation.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of En-
ergy for carrying out this section $275,000 for fiscal year
2002, to remain available until expended.
SEC. 802. ANNUAL REPORT ON UNITED STATES ENERGY
INDEPENDENCE.
(a) REPORT.—The Secretary of Energy, in consulta-
tion with the heads of other relevant Federal agencies,
shall include in each report under section 801(c) of the
Department of Energy Organization Act a section which
104
evaluates the progress the United States has made toward
obtaining the goal of not more than 50 percent dependence
on foreign oil sources by 2010.
(b) 
ALTERNATIVES.—The 
information 
required
under this section to be included in the reports under sec-
tion 801(c) of the Department of Energy Organization Act
shall include a specification of what legislative or adminis-
trative actions must be implemented to meet this goal and
set forth a range of options and alternatives with a cost/
benefit analysis for each option or alternative together
with an estimate of the contribution each option or alter-
native could make to reduce foreign oil imports. The Sec-
retary shall solicit information from the public and request
information from the Energy Information Agency and
other agencies to develop the information required under
this section. The information shall indicate, in detail, op-
tions and alternatives to—
(1) increase the use of renewable domestic en-
ergy sources, including conventional and nonconven-
tional sources;
(2) conserve energy resources, including improv-
ing efficiencies and decreasing consumption; and
(3) increase domestic production and use of oil,
natural gas, nuclear, and coal, including any actions
105
necessary to provide access to, and transportation
of, these energy resources.
SEC. 803. STUDY OF AIRCRAFT EMISSIONS.
The Secretary of Transportation and the Adminis-
trator of the Environmental Protection Agency shall joint-
ly commence a study within 60 days after the enactment
of this Act to investigate the impact of aircraft emissions
on air quality in areas that are considered to be in non-
attainment for the national ambient air quality standard
for ozone. As part of this study, the Secretary and the
Administrator shall focus on the impact of emissions by
aircraft idling at airports and on the contribution of such
emissions as a percentage of total emissions in the non-
attainment area. Within 180 days of the commencement
of the study, the Secretary and the Administrator shall
submit a report to the Committees on Energy and Com-
merce and Transportation and Infrastructure of the
United States House of Representatives and to the Com-
mittees on Environment and Public Works and Commerce,
Science, and Transportation of the United States Senate
containing the results of the study and recommendations
with respect to a plan to maintain comprehensive data on
aircraft emissions and methods by which such emissions
may be reduced, without increasing individual aircraft
106
noise, in order to assist in the attainment of the national
ambient air quality standards.
DIVISION B
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Comprehensive
Energy Research and Technology Act of 2001’’.
SEC. 2002. 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
Nation is becoming increasingly reliant on imported
energy, which has the potential to undermine the
Nation’s economy, standard of living, and national
security;
(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 do-
mestic energy supplies will ensure that future gen-
107
erations 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 environ-
mental impacts and are vital to delivering clean en-
ergy to fuel the Nation’s economic growth;
(6) development of reliable, affordable, and en-
vironmentally sound energy efficiency technologies,
renewable and alternative energy technologies, and
advanced energy systems technologies will require
maintenance of a vibrant fundamental scientific
knowledge base and continued scientific and techno-
logical innovations that can be accelerated by Fed-
eral funding, whereas commercial deployment of
such systems and technologies are the responsibility
of the private sector;
(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 en-
couraged to leverage scarce taxpayer dollars.
108
SEC. 2003. PURPOSES.
The purposes of this division are to—
(1) protect and strengthen the Nation’s econ-
omy, standard of living, and national security by re-
ducing 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
consideration to technologies that improve the effi-
ciency 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
programs, 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-
109
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 pro-
gram, project, or activity to fundamental scientific
knowledge.
SEC. 2004. GOALS.
(a) IN GENERAL.—Subject to subsection (b), in order
to achieve the purposes of this division under section
2003, the Secretary should conduct a balanced energy re-
search, development, demonstration, and commercial ap-
plication portfolio of programs guided by the following
goals to meet the purposes of this division under section
2003.
(1) ENERGY CONSERVATION AND ENERGY EFFI-
CIENCY.—
(A) For the Building Technology, State
and Community Sector, the program should de-
velop technologies, housing components, de-
signs, and production methods that will, by
2010—
110
(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
111
to the efficiency as of the date of the en-
actment 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
program should, in cooperation with affected
industries—
(i) develop a production prototype
passenger automobile that has fuel econ-
omy 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 equiva-
lent to—
(I) 10 miles per gallon of gaso-
line by 2007; and
(II) 13 miles per gallon of gaso-
line by 2010;
112
(iii) develop a production prototype of
a passenger automobile with zero equiva-
lent emissions that has an average fuel
economy of 100 miles per gallon of gaso-
line 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 divi-
sion.
(B) For bioenergy:
(i) The program should reduce the
cost of bioenergy relative to other energy
sources to enable the United States to tri-
ple bioenergy use by 2010.
113
(ii) For biopower systems, the pro-
gram should reduce the cost of such sys-
tems to enable commercialization of inte-
grated power-generating technologies that
employ gas turbines and fuel cells inte-
grated with bioenergy gasifiers within 5
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
cellulosic feedstock, with the goal that be-
tween 2010 and 2015 ethanol produced
from energy crops would be fully competi-
tive in terms of price with gasoline as a
neat fuel, in either internal combustion en-
gines or fuel cell vehicles.
(C) For Geothermal Technology Develop-
ment, the program should focus on advanced
concepts for the long term. The first priority
should be high-grade enhanced geothermal sys-
tems; the second priority should be lower grade,
hot dry rock, and geopressured systems; and
the third priority should be support of field
114
demonstrations of enhanced geothermal systems
technology, including sites in lower grade areas
to demonstrate the benefits of reservoir con-
cepts to different conditions.
(D) For Hydropower, the program should
provide a new generation of turbine tech-
nologies 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,
development, and demonstration combining
high-efficiency and high-temperature receivers
with advanced thermal storage and power cy-
cles, with the goal of making solar-only power
(including baseload solar power) widely com-
petitive with fossil fuel power by 2015. The pro-
gram should limit or halt its research and de-
velopment on power-tower and power-trough
technologies because further refinements to
these concepts will not further their deploy-
ment, and should assess the market prospects
for solar dish/engine technologies to determine
whether continued research and development is
warranted.
115
(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 per-
cent 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 im-
proving the reliability and lifetime of balance-
of-system components and reducing recurring
cost by 40 percent. The program’s top priority
should be the development of sound manufac-
turing technologies for thin-film modules, and
the program should make a concerted effort to
integrate fundamental research and basic engi-
neering research.
(G) For Solar Building Technology Re-
search, the program should complete research
and development on new polymers and manu-
facturing processes to reduce the cost of solar
water heating by 50 percent by 2004, compared
to the cost as of the date of the enactment of
this Act.
116
(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 in-
dustry. Program research on advanced wind
turbine technology should focus on turbulent
flow studies, durable materials to extend tur-
bine life, blade efficiency, 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
superconducting transmission lines and genera-
tors, highly reliable energy storage systems, and
distributed generating systems to accommodate
multiple types of energy sources under common
interconnect standards.
117
(J) For the International Renewable En-
ergy and Renewable Energy Production Incen-
tive programs, and Renewable Program Sup-
port, the program should encourage the com-
mercial application of renewable energy tech-
nologies by developed and developing countries,
State and local governmental entities and non-
profit electric cooperatives, and by the competi-
tive domestic market.
(3) NUCLEAR ENERGY.—
(A) For university nuclear science and en-
gineering, the program should carry out the
provisions of subtitle A of title III of this divi-
sion.
(B) For fuel cycle research, development,
and demonstration, the program should carry
out the provisions of subtitle B of title III of
this division.
(C) For the Nuclear Energy Research Ini-
tiative, the program should accomplish the ob-
jectives of section 2341(b) of this Act.
(D) For the Nuclear Energy Plant Optimi-
zation Program, the program should accomplish
the objectives of section 2342(b) of this Act.
118
(E) For Nuclear Energy Technologies, the
program should carry out the provisions of sec-
tion 2343 of this Act.
(F) For Advanced Radioisotope Power
Systems, the program should ensure that the
United States has adequate capability to power
future satellite and space missions.
(4) FOSSIL ENERGY.—
(A) For core fossil energy research and de-
velopment, the program should achieve the
goals outlined by the Department’s Vision 21
Program. This research should address fuel-
flexible gasification and turbines, fuel cells, ad-
vanced-combustion systems, advanced fuels and
chemicals, advanced modeling and systems
analysis, materials and heat exchangers, envi-
ronmental control technologies, gas-stream pu-
rification, gas-separation technology, and se-
questration research and development focused
on cost-effective novel concepts for capturing,
reusing or storing, or otherwise mitigating car-
bon and other greenhouse gas emissions.
(B) For offshore oil and natural gas re-
sources, the program should investigate and de-
velop technologies to—
119
(i) extract methane hydrates in coast-
al waters of the United States, in accord-
ance 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 Cen-
tral and Western Gulf of Mexico. Research
and development on ultra-deepwater re-
source recovery shall focus on improving
the safety and efficiency of such recovery
and of sub-sea production technology used
for such recovery, 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 Of-
fice of Science, should—
(A) develop and maintain a robust port-
folio of fundamental scientific and energy re-
search, including High Energy and Nuclear
120
Physics, Biological and Environmental Re-
search, Basic Energy Sciences (including Mate-
rials Sciences, Chemical Sciences, Engineering
and Geosciences, and Energy Biosciences), Ad-
vanced Scientific Computing, Energy Research
and Analysis, Multiprogram Energy Labora-
tories-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 division, the scientific user facilities
maintained by the Office of Science, and ensure
that they are an integral part of the Depart-
ment’s mission for exploring the frontiers of
fundamental 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 division that would enable each such program to meet
121
the purposes of this division under section 2003. Such as-
sessment shall be based on the latest scientific and tech-
nical knowledge, and shall also take into consideration, as
appropriate, the comparative environmental impacts (in-
cluding emissions of greenhouse gases) of the energy saved
or produced by specific programs.
(c) CONSULTATION.—In establishing the measurable
cost and performance-based goals under subsection (b),
the Secretary shall consult with the private sector, institu-
tions of higher learning, national laboratories, environ-
mental organizations, professional and technical societies,
and any other persons as the Secretary considers appro-
priate.
(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 division
for public comment—
(A) in the case of a program established
before the date of the enactment of this Act,
not later than 120 days after the date of the
enactment of this Act; and
(B) in the case of a program not estab-
lished before the date of the enactment of this
122
Act, not later than 120 days after the date of
establishment of the program;
(2) not later than 60 days after the date of
publication under paragraph (1), after taking into
consideration any public comments received, trans-
mit to the Congress and publish in the Federal Reg-
ister the final measurable cost and performance-
based goals; and
(3) update all such cost and performance-based
goals on a biennial basis.
SEC. 2005. DEFINITIONS.
For purposes of this division, except as otherwise
provided—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency;
(2) the term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Science and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Energy and Natural
Resources and the Committee on Appropria-
tions of the Senate;
(3) the term ‘‘Department’’ means the Depart-
ment of Energy; and
123
(4) the term ‘‘Secretary’’ means the Secretary
of Energy.
SEC. 2006. AUTHORIZATIONS.
Authorizations of appropriations under this division
are for environmental research and development, scientific
and energy research, development, and demonstration,
and commercial application of energy technology pro-
grams, projects, and activities.
SEC. 2007. 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 division should remain in
the same proportion to each other as provided in this divi-
sion, regardless of the total amount of funding made avail-
able for those programs.
(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 division are not in the same proportion
to one another as are the authorizations for such pro-
grams in this division, the Secretary and the Adminis-
trator shall, within 60 days after the date of the enact-
ment of the last general appropriations Act appropriating
amounts for such programs, transmit to the appropriate
congressional committees a report describing the pro-
124
grams, projects, and activities that would have been fund-
ed if the proportions provided for in this division had been
maintained in the appropriations. The amount appro-
priated 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. 2101. SHORT TITLE.
This subtitle may be cited as the ‘‘Alternative Fuel
Vehicle Acceleration Act of 2001’’.
SEC. 2102. 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
vehicle’’ means a motor vehicle that is
powered—
(i) in whole or in part by electricity,
including electricity supplied by a fuel cell;
125
(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
solely 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 substan-
tial environmental benefits over a vehicle
operating solely on gasoline or diesel de-
rived from fossil fuels.
(2) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the competitive grant program estab-
lished under section 2103.
(3) ULTRA-LOW
SULFUR
DIESEL
VEHICLE.—
The term ‘‘ultra-low sulfur diesel vehicle’’ means a
vehicle powered by a heavy-duty diesel engine that—
126
(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 horse-
power-hour of nonmethane hydro-
carbons 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 horse-
power-hour of nonmethane hydro-
carbons 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 partic-
ulate matter of the best performing tech-
nology of ultra-low sulfur diesel vehicles of
the same type that are commercially avail-
able.
127
SEC. 2103. 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 metropolitan 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
personnel or other State or local government or
metropolitan transportation authority employ-
ees.
(2) The acquisition of ultra-low sulfur diesel ve-
hicles.
128
(3) Infrastructure necessary to directly support
an alternative fuel vehicle project funded by the
grant, including fueling and other support equip-
ment.
(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 trans-
portation authority, or any combination thereof, and
shall include—
(A) at least one project to enable pas-
sengers or goods to be transferred directly from
one alternative fuel vehicle or ultra-low sulfur
diesel vehicle to another in a linked transpor-
tation system;
(B) a description of the projects proposed
in the application, including how they meet the
requirements of this subtitle;
129
(C) an estimate of the ridership or degree
of use of the projects proposed in the applica-
tion;
(D) an estimate of the air pollution emis-
sions reduced and fossil fuel displaced as a re-
sult of the projects proposed in the application,
and a plan to collect and disseminate environ-
mental data, related to the projects to be fund-
ed 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 avail-
130
able for carrying out the projects, and a com-
mitment 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
proposed projects and the greatest likelihood that
each project proposed in the application will be
maintained 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 as-
sistance under the pilot program to any applicant.
131
(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
Secretary shall seek to the maximum extent prac-
ticable to achieve nationwide deployment of alter-
native 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 the enactment of this Act, the Sec-
retary shall publish in the Federal Register, Com-
merce Business Daily, and elsewhere as appropriate,
132
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 pro-
vide not less than 20 percent and not more than 25 per-
cent of the grant funding made available under this sec-
tion for the acquisition of ultra-low sulfur diesel vehicles.
SEC. 2104. 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
committees 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
133
and to other interested parties, including other ap-
plicants that submitted applications.
(b) EVALUATION.—Not later than 3 years after the
date of the enactment of this Act, and annually thereafter
until the pilot program ends, the Secretary shall transmit
to the appropriate congressional committees a report con-
taining an evaluation of the effectiveness of the pilot pro-
gram, including an assessment of the benefits to the envi-
ronment derived from the projects included in the pilot
program as well as an estimate of the potential benefits
to the environment to be derived from widespread applica-
tion of alternative fuel vehicles and ultra-low sulfur diesel
vehicles.
SEC. 2105. 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. 2121. 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-
134
pensate for the intermittent nature of these re-
sources 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 bar-
riers 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
reduces such barriers.
(4) While many of the individual distributed
power hybrid systems components are either avail-
able or under development in existing private and
public sector programs, the capabilities to integrate
135
these components into workable distributed power
hybrid systems that maximize benefits to consumers
in a safe manner often are not coherently being ad-
dressed.
SEC. 2122. 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 sup-
porting 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.
136
SEC. 2123. STRATEGY.
(a) REQUIREMENT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall de-
velop and transmit to the Congress a distributed power
hybrid systems strategy showing—
(1) needs best met with distributed power hy-
brid systems configurations, especially systems in-
cluding 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 sys-
tems.
(b) ELEMENTS.—The strategy shall provide for de-
velopment of—
(1) system integration tools (including data-
bases, computer models, software, sensors, and con-
trols) needed to plan, design, build, and operate dis-
tributed power hybrid systems for maximum bene-
fits;
(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
distributed power hybrid systems for consumers, to
reduce testing needs, to speed commercialization,
137
and to generate data characterizing grid operations,
including interconnection requirements;
(4) precise resource assessment tools to map
local resources for distributed power hybrid systems;
and
(5) a comprehensive research, development,
demonstration, and commercial application program
to ensure the reliability, efficiency, and environ-
mental integrity of distributed energy resources, fo-
cused on filling gaps in distributed power hybrid sys-
tems technologies 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
subsection (a) and the research program under subsection
(b)(5). Activities pursuant to the strategy shall be inte-
138
grated with other activities of the Department’s Office of
Power Technologies.
SEC. 2124. 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
control 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
139
activities of the Department’s Office of Power Tech-
nologies.
SEC. 2125. MICRO-COGENERATION ENERGY TECHNOLOGY.
The Secretary shall make competitive, merit-based
grants to consortia of private sector entities for the devel-
opment 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 ap-
pliances. There are authorized to be appropriated to the
Secretary $20,000,000 to carry out this section, to remain
available until expended.
SEC. 2126. PROGRAM PLAN.
Within 4 months after the date of the enactment of
this Act, the Secretary, in consultation with other appro-
priate Federal agencies, shall prepare and transmit to the
Congress 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 dis-
tributed energy resources, power transmission, and high
power density industries to prioritize appropriate program
areas. The Secretary shall also seek the advice of utilities,
energy services providers, manufacturers, institutions of
higher learning, other appropriate State and local agen-
cies, environmental organizations, professional and tech-
140
nical societies, and any other persons the Secretary con-
siders appropriate.
SEC. 2127. REPORT.
Two years after date of the enactment of this Act
and at 2-year intervals thereafter, the Secretary, jointly
with other appropriate Federal agencies, shall transmit a
report to Congress describing the progress made to
achieve the purposes of this subtitle.
SEC. 2128. VOLUNTARY CONSENSUS STANDARDS.
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary, in consultation with the
National Institute of Standards and Technology, shall
work with the Institute of Electrical and Electronic Engi-
neers and other standards development organizations to-
ward the development of voluntary consensus standards
for distributed energy systems for use in manufacturing
and using equipment and systems for connection with elec-
tric distribution systems, for obtaining electricity from, or
providing electricity to, such systems.
Subtitle C—Secondary Electric
Vehicle Battery Use
SEC. 2131. DEFINITIONS.
For purposes of this subtitle, the term—
(1) ‘‘battery’’ means an energy storage device
that previously has been used to provide motive
141
power in a vehicle powered in whole or in part by
electricity; and
(2) ‘‘associated equipment’’ means equipment
located at the location where the batteries will be
used that is necessary to enable the use of the en-
ergy stored in the batteries.
SEC. 2132. ESTABLISHMENT OF SECONDARY ELECTRIC VE-
HICLE BATTERY USE PROGRAM.
(a) PROGRAM.—The Secretary shall establish and
conduct a research, development, and demonstration pro-
gram 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.
142
(b) SOLICITATION.—(1) Not later than 6 months
after the date of the enactment of this Act, the Secretary
shall solicit proposals to demonstrate the secondary use
of batteries and associated equipment and supporting in-
frastructure in geographic locations throughout the
United States. The Secretary may make additional solici-
tations for proposals if the Secretary determines that such
solicitations are necessary to carry out this section.
(2)(A) Proposals submitted in response to a solicita-
tion under this section shall include—
(i) a description of the project, including the
batteries to be used in the project, the proposed lo-
cations and applications for the batteries, the num-
ber of batteries to be demonstrated, and the type,
characteristics, and estimated life-cycle costs of the
batteries compared to other energy storage devices
currently used;
(ii) the contribution, if any, of State or local
governments and other persons to the demonstration
project;
(iii) the type of associated equipment to be
demonstrated and the type of supporting infrastruc-
ture to be demonstrated; and
(iv) any other information the Secretary con-
siders appropriate.
143
(B) If the proposal includes a lease arrangement, the
proposal shall indicate the terms of such lease arrange-
ment for the batteries and associated equipment.
(c) SELECTION OF PROPOSALS.—(1)(A) The Sec-
retary shall, not later than 3 months after the closing date
established by the Secretary for receipt of proposals under
subsection (b), select at least 5 proposals to receive finan-
cial assistance under this section.
(B) No one project selected under this section shall
receive more than 25 percent of the funds authorized
under this section. No more than 3 projects selected under
this section shall demonstrate the same battery type.
(2) In selecting a proposal under this section, the
Secretary shall consider—
(A) the ability of the proposer to acquire the
batteries and associated equipment and to success-
fully manage and conduct the demonstration project,
including the reporting requirements set forth in
paragraph (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;
144
(D) the suitability of the batteries for their in-
tended uses;
(E) the technical performance of the battery,
including 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 con-
siders appropriate.
(3) CONDITIONS.—The Secretary shall require that—
(A) as a part of a demonstration project, the
users of the batteries provide to the proposer infor-
mation regarding the operation, maintenance, per-
formance, and use of the batteries, and the proposer
provide such information to the battery manufac-
145
turer, for 3 years after the beginning of the dem-
onstration project;
(B) the proposer provide to the Secretary such
information regarding the operation, maintenance,
performance, and use of the batteries as the Sec-
retary may request during the period of the dem-
onstration project; and
(C) the proposer provide at least 50 percent of
the costs associated with the proposal.
SEC. 2133. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary, from amounts authorized under section 2161(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. 2141. SHORT TITLE.
This subtitle may be cited as the ‘‘Clean Green
School Bus Act of 2001’’.
SEC. 2142. 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
146
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 award-
ed under this section only—
(1) to a local governmental entity responsible
for providing school bus service for one or more pub-
lic 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
148
(B) to provide—
(i) up to 10 percent of the price of the
alternative fuel buses acquired, for nec-
essary alternative fuel infrastructure if the
infrastructure will only be available to the
grant recipient; and
(ii) up to 15 percent of the price of
the alternative fuel buses acquired, for nec-
essary alternative fuel infrastructure if the
infrastructure will be available to the grant
recipient and to other bus fleets.
(3) The grant recipient shall be required to pro-
vide at least the lesser of 15 percent of the total cost
of each bus received or $15,000 per bus.
(4) In the case of a grant recipient receiving a
grant to demonstrate ultra-low sulfur diesel school
buses, the grant recipient shall be required to pro-
vide documentation to the satisfaction of the Sec-
retary that diesel fuel containing sulfur at not more
than 15 parts per million is available for carrying
out the purposes of the grant, and a commitment by
the applicant to use such fuel in carrying out the
purposes of the grant.
(g) BUSES.—Funding under a grant made under this
section may be used to demonstrate the use only of new
149
alternative fuel school buses or ultra-low sulfur diesel
school buses—
(1) with a gross vehicle weight of greater than
14,000 pounds;
(2) that are powered by a heavy duty engine;
(3) that, in the case of alternative fuel school
buses, emit not more than—
(A) for buses manufactured in model years
2001 and 2002, 2.5 grams per brake horse-
power-hour of nonmethane hydrocarbons and
oxides of nitrogen and .01 grams per brake
horsepower-hour of particulate matter; and
(B) for buses manufactured in model years
2003 through 2006, 1.8 grams per brake horse-
power-hour of nonmethane hydrocarbons and
oxides of nitrogen and .01 grams per brake
horsepower-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
oxides of nitrogen and .01 grams per brake
horsepower-hour of particulate matter; and
150
(B) for buses manufactured in model years
2004 through 2006, 2.5 grams per brake horse-
power-hour of nonmethane hydrocarbons and
oxides of nitrogen and .01 grams per brake
horsepower-hour of particulate matter,
except that under no circumstances shall buses be
acquired under this section that emit nonmethane
hydrocarbons, oxides of nitrogen, or particulate mat-
ter at a rate greater than the best performing tech-
nology of ultra-low sulfur diesel school buses com-
mercially available at the time the grant is made.
(h) DEPLOYMENT
AND DISTRIBUTION.—The Sec-
retary shall seek to the maximum extent practicable to
achieve nationwide deployment of alternative fuel school
buses 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—
151
(1) the term ‘‘alternative fuel school bus’’
means a bus powered substantially by electricity (in-
cluding electricity supplied by a fuel cell), or by liq-
uefied natural gas, compressed natural gas, liquefied
petroleum gas, hydrogen, propane, or methanol or
ethanol at no less than 85 percent by volume; and
(2) the term ‘‘ultra-low sulfur diesel school
bus’’ means a school bus powered by diesel fuel
which contains sulfur at not more than 15 parts per
million.
SEC. 2143. FUEL CELL BUS DEVELOPMENT AND DEM-
ONSTRATION PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
shall establish a program for entering into cooperative
agreements with private sector fuel cell bus developers for
the development of fuel cell-powered school buses, and
subsequently with not less than 2 units of local govern-
ment using natural gas-powered school buses and such
private sector fuel cell bus developers to demonstrate the
use of fuel cell-powered school buses.
(b) COST SHARING.—The non-Federal contribution
for activities funded under this section shall be not less
than—
(1) 20 percent for fuel infrastructure develop-
ment activities; and
152
(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 2144 may be used for
carrying out this section for the period encompassing fis-
cal 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. 2144. 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.
153
Subtitle E—Next Generation
Lighting Initiative
SEC. 2151. SHORT TITLE.
This subtitle may be cited as ‘‘Next Generation
Lighting Initiative Act’’.
SEC. 2152. DEFINITION.
In this subtitle, the term ‘‘Lighting Initiative’’ means
the ‘‘Next Generation Lighting Initiative’’ established
under section 2153(a).
SEC. 2153. NEXT GENERATION LIGHTING INITIATIVE.
(a) ESTABLISHMENT.—The Secretary is authorized
to establish a lighting initiative to be known as the ‘‘Next
Generation Lighting Initiative’’ to research, develop, and
conduct demonstration activities on advanced lighting
technologies, including white light emitting diodes.
(b) RESEARCH OBJECTIVES.—The research objec-
tives of the Lighting Initiative shall be to develop, by
2011, advanced lighting technologies that, compared to in-
candescent 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.
154
SEC. 2154. STUDY.
(a) IN GENERAL.—Not later than 6 months after the
date of the enactment of this Act, the Secretary, in con-
sultation with other Federal agencies, as appropriate, shall
complete a study on strategies for the development and
commercial application of advanced lighting technologies.
The Secretary shall request a review by the National
Academies of Sciences and Engineering of the study under
this subsection, 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, man-
ufacturing, deployment, and marketing barriers that
must be overcome to achieve a goal of a 25 percent
market penetration by advanced lighting tech-
nologies into the incandescent and fluorescent light-
ing 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 implemen-
tation of the Lighting Initiative taking into consideration
the recommendations of the National Academies of
Sciences and Engineering.
155
SEC. 2155. GRANT PROGRAM.
(a) IN GENERAL.—Subject to section 2603 of this
Act, the Secretary may make merit-based competitive
grants to firms and research organizations that conduct
research, development, 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
section shall be conducted by a committee appointed
by the Secretary under the Federal Advisory Com-
mittee Act (5 U.S.C. App.), or, at the request of the
Secretary, a committee appointed by the National
Academies of Sciences and Engineering.
(2) REQUIREMENTS.—Using clearly defined
standards established by the Secretary, the review
shall assess technology advances and progress to-
ward commercialization of the grant-related activi-
ties of firms or research organizations during each
fiscal year of the grant program.
(c) TECHNICAL AND FINANCIAL ASSISTANCE.—The
national laboratories and other Federal agencies, as ap-
propriate, shall cooperate with and provide technical and
financial assistance to firms and research organizations
156
conducting research, development, and demonstration
projects carried out under this subtitle.
Subtitle F—Department of Energy
Authorization of Appropriations
SEC. 2161. AUTHORIZATION OF APPROPRIATIONS.
(a) OPERATION AND MAINTENANCE.—In addition to
amounts authorized to be appropriated under section
2105, section 2125, and section 2144, there are author-
ized to be appropriated to the Secretary for subtitle B,
subtitle C, subtitle E, and for Energy Conservation oper-
ation and maintenance (including Building Technology,
State and Community Sector (Nongrants), Industry Sec-
tor, Transportation Sector, Power Technologies, and Pol-
icy 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
authorized 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;
157
(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. 2171. SHORT TITLE.
This subtitle may be cited as the ‘‘Environmental
Protection Agency Office of Air and Radiation Authoriza-
tion Act of 2001’’.
SEC. 2172. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Ad-
ministrator for Office of Air and Radiation Climate
Change Protection Programs $121,942,000 for fiscal year
2002, 
$126,800,000 
for 
fiscal 
year 
2003, 
and
$131,800,000 for fiscal year 2004 to remain available
until expended, of which—
(1) 
$52,731,000 
for 
fiscal 
year 
2002,
$54,800,000 for fiscal year 2003, and $57,000,000
for fiscal year 2004 shall be for Buildings;
(2) 
$32,441,000 
for 
fiscal 
year 
2002,
$33,700,000 for fiscal year 2003, and $35,000,000
for fiscal year 2004 shall be for Transportation;
158
(3) 
$27,295,000 
for 
fiscal 
year 
2002,
$28,400,000 for fiscal year 2003, and $29,500,000
for fiscal year 2004 shall be for Industry;
(4) $1,700,000 for fiscal year 2002, $1,800,000
for fiscal year 2003, and $1,900,000 for fiscal year
2004 shall be for Carbon Removal;
(5) $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; and
(6) $5,275,000 for fiscal year 2002, $5,500,000
for fiscal year 2003, and $5,700,000 for fiscal year
2004 shall be for International Capacity Building.
SEC. 2173. 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 arti-
cles 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-
159
tiate Requests for Proposals for a program if the program
has not been authorized by Congress.
SEC. 2174. COST SHARING.
(a) RESEARCH AND DEVELOPMENT.—Except as oth-
erwise provided in this subtitle, for research and develop-
ment programs carried out under this subtitle, the Admin-
istrator 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-Fed-
eral requirement under this subsection if the Adminis-
trator determines that the research 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
provided from non-Federal sources. The Administrator
may reduce the non-Federal requirement under this sub-
section if the Administrator 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 subtitle.
(c) CALCULATION OF AMOUNT.—In calculating the
amount of the non-Federal commitment under subsection
160
(a) or (b), the Administrator may include personnel, serv-
ices, equipment, and other resources.
SEC. 2175. 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 Of-
fice 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 tech-
nology or process.
SEC. 2176. 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
appropriate congressional committees a report de-
scribed 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
activity do not exceed—
(A) 105 percent of the amount authorized
for the program, project, or activity; or
161
(B) $250,000 more than the amount au-
thorized 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
Administrator.
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of the proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) 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
subtitle.
(2) Funds appropriated pursuant to this subtitle may
not be used for an item for which Congress has declined
to authorize funds.
SEC. 2177. BUDGET REQUEST FORMAT.
The Administrator shall provide to the appropriate
congressional committees, to be transmitted at the same
162
time as the Environmental Protection Agency’s annual
budget request submission, a detailed justification for
budget authorization for the programs, projects, and ac-
tivities 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
allocated 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 para-
graph (2).
SEC. 2178. 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-
163
cation of energy technology programs, projects, or
activities of the Environmental Protection Agency,
provided to any committee of Congress.
(b) NOTICE
OF REORGANIZATION.—The Adminis-
trator shall provide notice to the appropriate congressional
committees not later than 15 days before any reorganiza-
tion of any environmental research or development, sci-
entific or energy research, development, or demonstration,
or commercial application of energy technology program,
project, or activity of the Office of Air and Radiation.
Subtitle H—National Building
Performance Initiative
SEC. 2181. NATIONAL BUILDING PERFORMANCE INITIA-
TIVE.
(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 estab-
lish an Interagency Group responsible for the development
and implementation of a National Building Performance
Initiative to address energy conservation and research and
development and related issues. The National Institute of
Standards and Technology shall provide necessary admin-
istrative 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
164
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
retrofit, on the building envelope and components;
and
(2) the collection and dissemination in a usable
form of research results and other pertinent infor-
mation to the design and construction industry, gov-
ernment 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-section of interests such as the research, tech-
nology transfer, architectural, engineering, and financial
communities; materials and systems suppliers; State,
county, and local governments; the residential, multi-
165
family, and commercial sectors of the construction indus-
try; and the insurance industry.
(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
preceding fiscal year by government at all levels and by
the private sector, toward implementing the plan devel-
oped under subsection (b), and including any amendments
to the plan.
TITLE II—RENEWABLE ENERGY
Subtitle A—Hydrogen
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ‘‘Robert S. Walker
and George E. Brown, Jr. Hydrogen Energy Act of
2001’’.
SEC. 2202. 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 re-
search, development, and demonstration activities
leading to the production, storage, transportation,
and use of hydrogen for industrial, commercial, resi-
dential, transportation, and utility applications;
166
‘‘(2) to direct the Secretary to develop a pro-
gram of technology assessment, information dissemi-
nation, and education in which Federal, State, and
local agencies, members of the energy, transpor-
tation, 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. 2203. 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. 2204. REPORTS TO CONGRESS.
Section 103 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990
is amended to read as follows:
167
‘‘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 pro-
grams 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, develop-
ment, and demonstration activities to identify pro-
ductive areas for increased intergovernmental and
private-public sector collaboration; and
‘‘(4) recommendations of the advisory com-
mittee for any improvements needed in the programs
and activities authorized by this Act.’’.
168
SEC. 2205. HYDROGEN RESEARCH AND DEVELOPMENT.
Section 104 of the Spark M. Matsunaga Hydrogen
Research, 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 sec-
tor to demonstrate the technical feasibility of using hydro-
gen for industrial, commercial, residential, transportation,
and utility applications.
‘‘(b) ELEMENTS.—In conducting the program au-
thorized 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 hy-
drogen production, storage, transportation, and use,
including critical technical issues with respect to
production (giving priority to those production tech-
niques that use renewable energy resources as their
primary source of energy for hydrogen production),
169
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 world-
wide, and take steps to ensure that research and de-
velopment 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 Sec-
retary shall evaluate, for the purpose of determining
whether to undertake or fund research and development
activities under this section, any reasonable new or im-
proved technology that could lead or contribute to the de-
velopment of economical hydrogen production, storage,
transportation, and use.
‘‘(d) RESEARCH
AND DEVELOPMENT SUPPORT.—
The Secretary is authorized to arrange for tests and dem-
onstrations and to disseminate to researchers and devel-
opers information, data, and other materials necessary to
support the research and development activities authorized
170
under this section and other efforts authorized under this
Act, consistent 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 Sec-
retary may reduce or eliminate the non-Federal require-
ment under this subsection if the Secretary determines
that the research and development is of a basic or funda-
mental nature.’’.
SEC. 2206. DEMONSTRATIONS.
Section 105 of the Spark M. Matsunaga Hydrogen
Research, 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 hy-
drogen production, storage, and use in transit bus
applications’’; and
171
(3) in subsection (c), by inserting ‘‘NON-FED-
ERAL FUNDING REQUIREMENT.—’’ after ‘‘(c)’’.
SEC. 2207. TECHNOLOGY TRANSFER.
Section 106 of the Spark M. Matsunaga Hydrogen
Research, 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
application in foreign countries to increase the global mar-
ket for the technologies and foster global economic devel-
opment 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. Hy-
drogen Energy Act of 2001, of hydrogen tech-
nologies and their commercial capability to economi-
cally produce, store, transport, or use hydrogen in
172
industrial, commercial, residential, transportation,
and utility sector; and
‘‘(2) develop, with other Federal agencies as ap-
propriate and industry, an information exchange
program to improve technology transfer for hydro-
gen production, storage, transportation, and use,
which may consist of workshops, publications, con-
ferences, and a database for the use by the public
and private sectors.’’.
SEC. 2208. COORDINATION AND CONSULTATION.
Section 107 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990
is amended—
(1) by amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1) shall establish a central point for the co-
ordination of all hydrogen research, development,
and demonstration activities of the Department;
and’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) CONSULTATION.—The Secretary shall consult
with other Federal agencies as appropriate, and the advi-
sory committee, in carrying out the Secretary’s authorities
pursuant to this Act.’’.
173
SEC. 2209. ADVISORY COMMITTEE.
Section 108 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990
is amended to read as follows:
‘‘SEC. 108. ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT.—The Secretary shall enter
into appropriate arrangements with the National Acad-
emies of Sciences and Engineering to establish an advisory
committee consisting of experts drawn from domestic in-
dustry, academia, Governmental laboratories, and finan-
cial, environmental, and other organizations, as appro-
priate, to review 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 com-
mittee such information as the advisory committee reason-
ably deems necessary to carry out this section.
‘‘(c) REVIEW.—The advisory committee shall review
and make any necessary recommendations to the Sec-
retary 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.
174
‘‘(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. 2210. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990
is amended to read as follows:
‘‘SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) RESEARCH
AND
DEVELOPMENT; ADVISORY
COMMITTEE.—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
appropriated 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;