180 
(b) REPORT.—The Secretary shall transmit to Con-
gress the report required by this subsection not later than 
March 31, 2006. The report shall include, with respect 
to subsection (a), a 10-year plan containing— 
(1) a detailed assessment of whether the aggre-
gate funding levels provided under subsection (a) are 
the appropriate funding levels for that program; 
(2) a detailed description of how proposals will 
be solicited and evaluated, including a list of all ac-
tivities expected to be undertaken; 
(3) a detailed list of technical milestones for 
each coal and related technology that will be pur-
sued; and 
(4) a detailed description of how the program 
will avoid problems enumerated in General Account-
ing Office reports on the Clean Coal Technology 
Program, including problems that have resulted in 
unspent funds and projects that failed either finan-
cially or scientifically. 
SEC. 902. PROJECT CRITERIA. 
(a) IN GENERAL.—The Secretary shall not provide 
funding under this title for any project that does not ad-
vance efficiency, environmental performance, and cost 
competitiveness well beyond the level of technologies that 
are in commercial service or have been demonstrated on
181 
a scale that the Secretary determines is sufficient to dem-
onstrate that commercial service is viable as of the date 
of enactment of this Act. 
(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER 
INITIATIVE.— 
(1) GASIFICATION PROJECTS.— 
(A) IN GENERAL.—In allocating the funds 
made available under section 901(a), the Sec-
retary shall ensure that at least 60 percent of 
the funds are used only for projects on coal- 
based gasification technologies, including gasifi-
cation combined cycle, gasification fuel cells, 
gasification coproduction, and hybrid gasifi-
cation/combustion. 
(B) TECHNICAL
MILESTONES.—The Sec-
retary shall periodically set technical milestones 
specifying the emission and thermal efficiency 
levels that coal gasification projects under this 
title shall be designed, and reasonably expected, 
to achieve. The technical milestones shall be-
come more restrictive during the life of the pro-
gram. The Secretary shall set the periodic mile-
stones so as to achieve by 2020 coal gasification 
projects able—
182 
(i) to remove 99 percent of sulfur di-
oxide; 
(ii) to emit not more than .05 lbs of 
NOx per million Btu; 
(iii) to achieve substantial reductions 
in mercury emissions; and 
(iv) to achieve a thermal efficiency 
of— 
(I) 60 percent for coal of more 
than 9,000 Btu; 
(II) 59 percent for coal of 7,000 
to 9,000 Btu; and 
(III) 50 percent for coal of less 
than 7,000 Btu. 
(2) OTHER PROJECTS.—The Secretary shall pe-
riodically set technical milestones and ensure that up 
to 40 percent of the funds appropriated pursuant to 
section 901(a) are used for projects not described in 
paragraph (1). The milestones shall specify the 
emission and thermal efficiency levels that projects 
funded under this paragraph shall be designed to 
and reasonably expected to achieve. The technical 
milestones shall become more restrictive during the 
life of the program. The Secretary shall set the peri-
183 
odic milestones so as to achieve by 2010 projects 
able— 
(A) to remove 97 percent of sulfur dioxide; 
(B) to emit no more than .08 lbs of NOx 
per million Btu; 
(C) to achieve substantial reductions in 
mercury emissions; and 
(D) to achieve a thermal efficiency of— 
(i) 45 percent for coal of more than 
9,000 Btu; 
(ii) 44 percent for coal of 7,000 to 
9,000 Btu; and 
(iii) 40 percent for coal of less than 
7,000 Btu. 
(3) CONSULTATION.—Before setting the tech-
nical milestones under paragraphs (1)(B) and (2), 
the Secretary shall consult with the Administrator of 
the Environmental Protection Agency and interested 
entities, including coal producers, industries using 
coal, organizations to promote coal or advanced coal 
technologies, environmental organizations, and orga-
nizations representing workers. 
(4) EXISTING UNITS.—In the case of projects 
at units in existence on the date of enactment of this 
Act, in lieu of the thermal efficiency requirements
184 
set forth in paragraph (1)(B)(iv) and (2)(D), the 
milestones shall be designed to achieve an overall 
thermal design efficiency improvement, compared to 
the efficiency of the unit as operated, of not less 
than— 
(A) 7 percent for coal of more than 9,000 
Btu; 
(B) 6 percent for coal of 7,000 to 9,000 
Btu; or 
(C) 4 percent for coal of less than 7,000 
Btu. 
(5) PERMITTED
USES.—In carrying out this 
title, the Secretary may fund projects that include, 
as part of the project, the separation and capture of 
carbon dioxide. 
(c) FINANCIAL CRITERIA.—The Secretary shall not 
provide a funding award under this title unless the recipi-
ent documents to the satisfaction of the Secretary that— 
(1) the award recipient is financially viable 
without the receipt of additional Federal funding; 
(2) the recipient will provide sufficient informa-
tion to the Secretary to enable the Secretary to en-
sure that the award funds are spent efficiently and 
effectively; and
185 
(3) a market exists for the technology being 
demonstrated or applied, as evidenced by statements 
of interest in writing from potential purchasers of 
the technology. 
(d) FINANCIAL ASSISTANCE.—The Secretary shall 
provide financial assistance to projects that meet the re-
quirements of subsections (a), (b), and (c) and are likely 
to— 
(1) achieve overall cost reductions in the utiliza-
tion of coal to generate useful forms of energy; 
(2) improve the competitiveness of coal among 
various forms of energy in order to maintain a diver-
sity of fuel choices in the United States to meet elec-
tricity generation requirements; and 
(3) demonstrate methods and equipment that 
are applicable to 25 percent of the electricity gener-
ating facilities, using various types of coal, that use 
coal as the primary feedstock as of the date of en-
actment of this Act. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a coal or related technology project funded by the Sec-
retary under this title shall not exceed 50 percent. 
(f) APPLICABILITY.—No technology, or level of emis-
sion reduction, shall be treated as adequately dem-
onstrated for purposes of section 111 of the Clean Air Act
186 
(42 U.S.C. 7411), achievable for purposes of section 169 
of that Act (42 U.S.C. 7479), or achievable in practice 
for purposes of section 171 of that Act (42 U.S.C. 7501) 
solely by reason of the use of such technology, or the 
achievement of such emission reduction, by 1 or more fa-
cilities receiving assistance under this title. 
SEC. 903. REPORT. 
Not later than 1 year after the date of enactment 
of this Act, and once every 2 years thereafter through 
2012, the Secretary, in consultation with other appro-
priate Federal agencies, shall transmit to Congress a re-
port describing— 
(1) the technical milestones set forth in section 
902 and how those milestones ensure progress to-
ward meeting the requirements of subsections 
(b)(1)(B) and (b)(2) of section 902; and 
(2) the status of projects funded under this 
title. 
SEC. 904. CLEAN COAL CENTERS OF EXCELLENCE. 
As part of the program authorized in section 901, 
the Secretary shall award competitive, merit-based grants 
to universities for the establishment of Centers of Excel-
lence for Energy Systems of the Future. The Secretary 
shall provide grants to universities that show the greatest 
potential for advancing new clean coal technologies.
187 
TITLE X—IMPROVED COORDINA-
TION AND MANAGEMENT OF 
CIVILIAN SCIENCE AND TECH-
NOLOGY PROGRAMS 
SEC. 1001. IMPROVED COORDINATION AND MANAGEMENT 
OF CIVILIAN SCIENCE AND TECHNOLOGY 
PROGRAMS. 
(a) RECONFIGURATION OF POSITION OF DIRECTOR 
OF THE OFFICE OF SCIENCE.—Section 209 of the Depart-
ment of Energy Organization Act (41 U.S.C. 7139) is 
amended to read as follows: 
‘‘OFFICE OF SCIENCE 
‘‘SEC. 209. (a) There shall be within the Department 
an Office of Science, to be headed by an Assistant Sec-
retary of Science, who shall be appointed by the President, 
by and with the advice and consent of the Senate, and 
who shall be compensated at the rate provided for level 
IV of the Executive Schedule under section 5315 of title 
5, United States Code. 
‘‘(b) The Assistant Secretary of Science shall be in 
addition to the Assistant Secretaries provided for under 
section 203 of this Act. 
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary of Science to carry out the fundamental 
science and engineering research functions of the Depart-
188 
ment, including the responsibility for policy and manage-
ment of such research, as well as other functions vested 
in the Secretary which he may assign to the Assistant Sec-
retary.’’. 
(b) ADDITIONAL ASSISTANT SECRETARY POSITION 
TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR EN-
ERGY ISSUES.—(1) Section 203(a) of the Department of 
Energy Organization Act (42 U.S.C. 7133(a)) is amended 
by striking ‘‘There shall be in the Department six Assist-
ant Secretaries’’ and inserting ‘‘Except as provided in sec-
tion 209, there shall be in the Department seven Assistant 
Secretaries’’. 
(2) It is the sense of the Congress that the leadership 
for departmental missions in nuclear energy should be at 
the Assistant Secretary level. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 5315 of title 5, United States Code, is amend-
ed by— 
(A) striking ‘‘Director, Office of Science, De-
partment of Energy.’’; and 
(B) striking ‘‘Assistant Secretaries of Energy 
(6)’’ and inserting ‘‘Assistant Secretaries of Energy 
(8)’’.
189 
(2) The table of contents for the Department of En-
ergy Organization Act (42 U.S.C. 7101 note) is amend-
ed— 
(A) by striking ‘‘Section 209’’ and inserting 
‘‘Sec. 209’’; 
(B) by striking ‘‘213.’’ and inserting ‘‘Sec. 
213.’’; 
(C) by striking ‘‘214.’’ and inserting ‘‘Sec. 
214.’’; 
(D) by striking ‘‘215.’’ and inserting ‘‘Sec. 
215.’’; and 
(E) by striking ‘‘216.’’ and inserting ‘‘Sec. 
216.’’. 
Æ