duction of, natural gas or other petroleum resources 
located at ultra-deepwater depths. 
(7) UNCONVENTIONAL NATURAL GAS AND OTHER 
PETROLEUM RESOURCE.—The term ‘‘unconventional 
natural gas and other petroleum resource’’ means nat-
ural gas and other petroleum resource located onshore 
in an economically inaccessible geological formation. 
Subtitle F—Science 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 161. SCIENCE. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated to the Secretary for research, develop-
ment, demonstration, and commercial application activities 
of the Office of Science, including activities authorized 
under this subtitle, including the amounts authorized under 
the amendment made by section 170(c)(2)(C), and includ-
ing basic energy sciences, advanced scientific and com-
puting research, biological and environmental research, fu-
sion energy sciences, high energy physics, nuclear physics, 
and research analysis and infrastructure support: 
(1) For fiscal year 2004, $3,785,000,000. 
(2) For fiscal year 2005, $4,153,000,000. 
(3) For fiscal year 2006, $4,618,000,000. 
(4) For fiscal year 2007, $5,310,000,000.
(b) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized: 
(1) FUSION ENERGY SCIENCES.—(A) For the Fu-
sion Energy Sciences Program, excluding activities 
under sections 161A and 162—
(i) for fiscal year 2004, $276,000,000; 
(ii) for fiscal year 2005, $300,000,000;. 
(iii) for fiscal year 2006, $340,000,000; and 
(iv) for fiscal year 2007, $350,000,000. 
(B) For activities under section 161A and for the 
project described in section 162—
(i) for fiscal year 2004, $12,000,000; 
(ii) for fiscal year 2005, $20,000,000; 
(iii) for fiscal year 2006, $50,000,000; and 
(iv) for fiscal year 2007, $75,000,000. 
(2) SPALLATION NEUTRON SOURCE.—
(A) CONSTRUCTION.—For construction of 
the Spallation Neutron Source—
(i) for fiscal year 2004, $124,600,000; 
(ii) for fiscal year 2005, $79,800,000; 
and 
(iii) for fiscal year 2006, $41,100,000 
for completion of construction. 
(B) OTHER PROJECT FUNDING.—For other 
project costs (including research and development
necessary to complete the project, preoperations 
costs, and capital equipment related to construc-
tion) 
of 
the 
Spallation 
Neutron 
Source, 
$103,279,000 for the period encompassing fiscal 
years 2003 through 2006, to remain available 
until expended through September 30, 2006.
(3) NANOTECHNOLOGY RESEARCH AND DEVELOP-
MENT.—For activities under section 169—
(A) for fiscal year 2004, $265,000,000; 
(B) for fiscal year 2005, $292,000,000; 
(C) for fiscal year 2006, $322,000,000; and 
(D) for fiscal year 2007, $355,000,000. 
(4) GENOMES TO LIFE.—
(A) TOTAL AUTHORIZATION.—For activities 
under section 170B—
(i) $100,000,000 for fiscal year 2004; 
and 
(ii) such sums as may be necessary for 
fiscal years 2005 through 2007. 
(B) USER
FACILITIES
AND
ANCILLARY 
EQUIPMENT.—From the amounts authorized 
under subparagraph (A), the following sums are 
authorized to be appropriated to carry out sec-
tion 170B(e)—
(i) $16,000,000 for fiscal year 2004; 
and 
(ii) such sums as may be necessary for 
fiscal years 2005 through 2007. 
(5) SCIENCE
AND
TECHNOLOGY
SCHOLARSHIP 
PROGRAM.—For activities under section 170C—
(A) for fiscal year 2004, $800,000; 
(B) for fiscal year 2005, $1,600,000; 
(C) for fiscal year 2006, $2,000,000; and 
(D) for fiscal year 2007, $2,000,000. 
(c) LIMITS ON USE OF FUNDS.—Of the funds author-
ized under subsection (b)(1), no funds shall be available for 
implementation of the plan described in section 162. 
PART 2—FUSION ENERGY SCIENCES 
SEC. 161A. ITER. 
(a) IN GENERAL.—The United States is authorized to 
participate in ITER in accordance with the provisions of 
this section. 
(b) AGREEMENT.—(1) The Secretary is authorized to 
negotiate an agreement for United States participation in 
ITER. 
(2) Any agreement for United States participation in 
ITER shall, at a minimum—
(A) clearly define the United States financial 
contribution to construction and operating costs;
(B) ensure that the share of ITER’s high-tech-
nology components manufactured in the United 
States is at least proportionate to the United States 
financial contribution to ITER; 
(C) ensure that the United States will not be fi-
nancially responsible for cost overruns in components 
manufactured in other ITER participating countries; 
(D) guarantee the United States full access to all 
data generated by ITER; 
(E) enable United States researchers to propose 
and carry out an equitable share of the experiments 
at ITER; 
(F) provide the United States with a role in all 
collective decisionmaking related to ITER; and 
(G) describe the process for discontinuing or de-
commissioning ITER and any United States role in 
those processes. 
(c) PLAN.—The Secretary, in consultation with the 
Fusion Energy Sciences Advisory Committee, shall develop 
a plan for the participation of United States scientists in 
ITER that shall include the United States research agenda 
for ITER, methods to evaluate whether ITER is promoting 
progress toward making fusion a reliable and affordable 
source of power, and a description of how work at ITER 
will relate to other elements of the United States fusion pro-
gram. The Secretary shall request a review of the plan by 
the National Academy of Sciences. 
(d) LIMITATION.—No funds shall be expended for the 
construction of ITER until the Secretary has transmitted 
to the Congress—
(1) the agreement negotiated pursuant to sub-
section (b) and 120 days have elapsed since that 
transmission; 
(2) a report describing the management structure 
of ITER and providing a fixed dollar estimate of the 
cost of United States participation in the construc-
tion of ITER, and 120 days have elapsed since that 
transmission; 
(3) a report describing how United States par-
ticipation in ITER will be funded without reducing 
funding for other programs in the Office of Science, 
including other fusion programs, and 60 days have 
elapsed since that transmission; and 
(4) the plan required by subsection (c) (but not 
the National Academy of Sciences review of that 
plan), and 60 days have elapsed since that trans-
mission. 
(e) DEFINITIONS.—In this section—
(1) the term ‘‘construction’’ means the physical 
construction of the ITER facility, and the physical
construction, purchase, or manufacture of equipment 
or components that are specifically designed for the 
ITER facility, but does not mean the design of the fa-
cility, equipment, or components; and 
(2) the term ‘‘ITER’’ means the international 
burning plasma fusion research project in which the 
President announced United States participation on 
January 30, 2003.
SEC. 162. PLAN FOR FUSION EXPERIMENT. 
(a) IN GENERAL.—If at any time during the negotia-
tions on ITER, the Secretary determines that construction 
and operation of ITER is unlikely or infeasible, the Sec-
retary shall send to Congress, as part of the budget request 
for the following year, a plan for implementing the domestic 
burning plasma experiment known as FIRE, including 
costs and schedules for such a plan. The Secretary shall re-
fine such plan in full consultation with the Fusion Energy 
Sciences Advisory Committee and shall also transmit such 
plan to the National Academy of Sciences for review. 
(b) DEFINITIONS.—As used in this section—
(1) the term ‘‘ITER’’ has the meaning given that 
term in section 161A; and 
(2) the term ‘‘FIRE’’ means the Fusion Ignition 
Research Experiment, the fusion research experiment 
for which design work has been supported by the De-
partment as a possible alternative burning plasma ex-
periment in the event that ITER fails to move for-
ward. 
SEC. 163. PLAN FOR FUSION ENERGY SCIENCES PROGRAM. 
(a) DECLARATION OF POLICY.—It shall be the policy 
of the United States to conduct research, development, dem-
onstration, and commercial application to provide for the 
scientific, engineering, and commercial infrastructure nec-
essary to ensure that the United States is competitive with 
other nations in providing fusion energy for its own needs 
and the needs of other nations, including by demonstrating 
electric power or hydrogen production for the United States 
energy grid utilizing fusion energy at the earliest date pos-
sible. 
(b) FUSION ENERGY PLAN.—
(1) IN GENERAL.—Within 6 months after the 
date of enactment of this Act, the Secretary shall 
transmit to Congress a plan for carrying out the pol-
icy set forth in subsection (a), including cost esti-
mates, proposed budgets, potential international part-
ners, and specific programs for implementing such 
policy. 
(2) REQUIREMENTS OF PLAN.—Such plan shall 
also ensure that—
(A) existing fusion research facilities are 
more fully utilized; 
(B) fusion science, technology, theory, ad-
vanced computation, modeling, and simulation 
are strengthened;
(C) new magnetic and inertial fusion re-
search facilities are selected based on scientific 
innovation, cost effectiveness, and their potential 
to advance the goal of practical fusion energy at 
the earliest date possible; 
(D) such facilities that are selected are 
funded at a cost-effective rate; 
(E) communication of scientific results and 
methods between the fusion energy science com-
munity and the broader scientific and technology 
communities is improved; 
(F) inertial confinement fusion facilities are 
utilized to the extent practicable for the purpose 
of inertial fusion energy research and develop-
ment; and 
(G) attractive alternative inertial and mag-
netic fusion energy approaches are more fully ex-
plored. 
(3) REPORT ON FUSION MATERIALS AND TECH-
NOLOGY PROJECT.—In addition, the plan required by
this subsection shall also address the status of, and to 
the degree possible, the costs and schedules for—
(A) the design and implementation of inter-
national or national facilities for the testing of 
fusion materials; and 
(B) the design and implementation of inter-
national or national facilities for the testing and 
development of key fusion technologies. 
PART 3—SPALLATION NEUTRON SOURCE 
SEC. 164. DEFINITION. 
For the purposes of this part, the term ‘‘Spallation 
Neutron Source’’ means Department Project 99–E–334, 
Oak Ridge National Laboratory, Oak Ridge, Tennessee. 
SEC. 165. REPORT. 
The Secretary shall report on the Spallation Neutron 
Source as part of the Department’s annual budget submis-
sion, including a description of the achievement of mile-
stones, a comparison of actual costs to estimated costs, and 
any changes in estimated project costs or schedule. 
SEC. 166. LIMITATIONS. 
The total amount obligated by the Department, includ-
ing prior year appropriations, for the Spallation Neutron 
Source may not exceed—
(1) $1,192,700,000 for costs of construction; 
(2) $219,000,000 for other project costs; and
(3) $1,411,700,000 for total project cost. 
PART 4—MISCELLANEOUS 
SEC. 167. FACILITY AND INFRASTRUCTURE SUPPORT FOR 
NONMILITARY ENERGY LABORATORIES. 
(a) FACILITY POLICY.—The Secretary shall develop 
and implement a strategy for the nonmilitary energy lab-
oratories and facilities of the Office of Science. Such strat-
egy shall provide a cost-effective means for—
(1) maintaining existing facilities and infra-
structure, as needed; 
(2) closing unneeded facilities; 
(3) making facility modifications; and 
(4) building new facilities. 
(b) REPORT.—
(1) TRANSMITTAL.—The Secretary shall prepare 
and transmit, along with the President’s budget re-
quest to the Congress for fiscal year 2005, a report 
containing the strategy developed under subsection 
(a). 
(2) CONTENTS.—For each nonmilitary energy 
laboratory and facility, such report shall contain—
(A) the current priority list of proposed fa-
cilities and infrastructure projects, including 
cost and schedule requirements;
(B) a current ten-year plan that dem-
onstrates the reconfiguration of its facilities and 
infrastructure to meet its missions and to ad-
dress its long-term operational costs and return 
on investment; 
(C) the total current budget for all facilities 
and infrastructure funding; and 
(D) the current status of each facilities and 
infrastructure project compared to the original 
baseline cost, schedule, and scope. 
SEC. 168. RESEARCH REGARDING PRECIOUS METAL CATAL-
YSIS. 
From the amounts authorized to be appropriated to 
the Secretary under section 161, such sums as may be nec-
essary for each of the fiscal years 2004, 2005, and 2006 
may be used to carry out research in the use of precious 
metals (excluding platinum, palladium, and rhodium) in 
catalysis. 
SEC. 169. NANOTECHNOLOGY RESEARCH AND DEVELOP-
MENT. 
(a) IN GENERAL.—The Secretary, acting through the 
Office of Science, shall implement a Nanotechnology Re-
search 
and 
Development 
Program 
to 
promote 
nanotechnology research, development, demonstration, edu-
cation, technology transfer, and commercial application ac-
tivities as necessary to ensure continued United States lead-
ership in nanotechnology across scientific and engineering 
disciplines. 
(b) PROGRAM
ACTIVITIES.—The activities of the 
Nanotechnology Research and Development Program shall 
be designed to—
(1) provide sustained support for nanotechnology 
research and development through—
(A) grants to individual investigators and 
interdisciplinary teams of investigators; and 
(B) establishment of interdisciplinary re-
search centers and advanced technology user fa-
cilities; 
(2) ensure that solicitation and evaluation of 
proposals under the Program encourage interdiscipli-
nary research; 
(3) expand education and training of under-
graduate and graduate students in interdisciplinary 
nanotechnology science and engineering; 
(4) accelerate the commercial application of 
nanotechnology innovations in the private sector; 
(5) ensure that societal and ethical concerns will 
be addressed as the technology is developed by—
(A) establishing a research program to iden-
tify societal and ethical concerns related to
100
nanotechnology, and ensuring that the results of 
such research are widely disseminated; and
(B) integrating, insofar as possible, research 
on 
societal 
and 
ethical 
concerns 
with 
nanotechnology research and development; and 
(6) ensure that the potential of nanotechnology to 
produce or facilitate the production of clean, inexpen-
sive energy is realized by supporting nanotechnology 
energy applications research and development. 
(c) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘nanotechnology’’ means science 
and engineering aimed at creating materials, devices, 
and systems at the atomic and molecular level; and 
(2) the term ‘‘advanced technology user facility’’ 
means a nanotechnology research and development fa-
cility supported, in whole or in part, by Federal 
funds that is open to all United States researchers on 
a competitive, merit-reviewed basis.
(d) REPORT.—Within 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to the Con-
gress a report describing the projects to identify societal and 
ethical concerns related to nanotechnology and the funding 
provided to support these projects.
101
SEC. 170. ADVANCED SCIENTIFIC COMPUTING FOR ENERGY 
MISSIONS. 
(a) IN GENERAL.—The Secretary, acting through the 
Office of Science, shall support a program to advance the 
Nation’s computing capability across a diverse set of grand 
challenge computationally based science problems related to 
departmental missions. 
(b) DUTIES OF THE OFFICE OF SCIENCE.—In car-
rying out the program under this section, the Office of 
Science shall—
(1) advance basic science through computation 
by developing software to solve grand challenge 
science problems on new generations of computing 
platforms; 
(2) enhance the foundations for scientific com-
puting by developing the basic mathematical and 
computing systems software needed to take full advan-
tage of the computing capabilities of computers with 
peak speeds of 100 teraflops or more, some of which 
may be unique to the scientific problem of interest; 
(3) enhance national collaboratory and net-
working capabilities by developing software to inte-
grate geographically separated researchers into effec-
tive research teams and to facilitate access to and 
movement and analysis of large (petabyte) data sets;
102
(4) develop and maintain a robust scientific 
computing hardware infrastructure to ensure that the 
computing resources needed to address departmental 
missions are available; and 
(5) explore new computing approaches and tech-
nologies that promise to advance scientific computing. 
(c) HIGH-PERFORMANCE COMPUTING ACT OF 1991 
AMENDMENTS.—The High-Performance Computing Act of 
1991 is amended—
(1) in section 4 (15 U.S.C. 5503)—
(A) in paragraph (3)—
(i) by striking ‘‘means’’ and inserting 
‘‘and ‘networking and information tech-
nology’ mean’’; and 
(ii) by striking ‘‘(including vector 
supercomputers and large scale parallel sys-
tems)’’; and 
(B) in paragraph (4), by striking ‘‘packet 
switched’’; and 
(2) in section 203 (15 U.S.C. 5523)—
(A) in subsection (a), by striking all after 
‘‘As part of the’’ and inserting ‘‘Networking and 
Information Technology Research and Develop-
ment Program, the Secretary of Energy shall 
conduct basic and applied research in net-
103
working and information technology, with em-
phasis on—
‘‘(1) supporting fundamental research in the 
physical sciences and engineering, and energy appli-
cations; 
‘‘(2) providing supercomputer access and ad-
vanced communication capabilities and facilities to 
scientific researchers; and 
‘‘(3) developing tools for distributed scientific 
collaboration.’’; 
(B) in subsection (b), by striking ‘‘Pro-
gram’’ and inserting ‘‘Networking and Informa-
tion Technology Research and Development Pro-
gram’’; and 
(C) by amending subsection (e) to read as 
follows: 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Energy 
to carry out the Networking and Information Technology 
Research and Development Program such sums as may be 
necessary for fiscal years 2004 through 2007.’’. 
(d) COORDINATION.—The Secretary shall ensure that 
the program under this section is integrated and consistent 
with—
104
(1) the Accelerated Strategic Computing Initia-
tive of the National Nuclear Security Administration; 
and 
(2) other national efforts related to advanced sci-
entific computing for science and engineering.
(e) REPORT.—(1) Before undertaking any new initia-
tive to develop new advanced architecture for high-speed 
computing, the Secretary, through the Director of the Office 
of Science, shall transmit a report to the Congress describ-
ing—
(A) the expected duration and cost of the initia-
tive; 
(B) the technical milestones the initiative is de-
signed to achieve; 
(C) how institutions of higher education and pri-
vate firms will participate in the initiative; and 
(D) why the goals of the initiative could not be 
achieved through existing programs. 
(2) No funds may be expended on any initiative de-
scribed in paragraph (1) until 30 days after the report re-
quired by that paragraph is transmitted to the Congress. 
SEC. 170A. NITROGEN FIXATION. 
The Secretary, acting through the Office of Science, 
shall support a program of research, development, dem-
onstration, and commercial application on biological nitro-
105
gen fixation, including plant genomics research relevant to 
the development of commercial crop varieties with enhanced 
nitrogen fixation efficiency and ability.
PART 5—GENOMES TO LIFE 
SEC. 170B. GENOMES TO LIFE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Department’s Genomes to Life initiative 
involves the emerging fields of systems biology and 
proteomics, which address the ability to understand 
the composition and function of the biochemical net-
works and pathways that carry out the essential proc-
esses of living organisms. 
(2) The Genomes to Life initiative builds on the 
Department’s integral role in the Human Genome 
Project, which has led to the mapping, sequencing, 
and identification of genetic material. Genomes to 
Life will go beyond mapping to develop an under-
standing of how genetic components interact to per-
form cellular activities vital to life. 
(3) The ability of the United States to respond 
to the national security, energy, and environmental 
challenges of the 21st century will be driven by 
science and technology. An integrated and predictive 
understanding of biological systems will enable the 
United States to develop new technologies related to
106
the detection of biological and chemical agents, energy 
production, carbon sequestration, bioremediation, and 
other Department statutory missions. These advances 
will also enhance the strength of United States 
science, technology, and medicine generally. 
(4) The fundamental intellectual challenges in-
herent in the Genomes to Life initiative are consider-
able, and require public support for basic and applied 
research and development. Significant advances in 
areas such as the characterization of multiprotein 
complexes and gene regulatory networks will be re-
quired before biologically-based solutions and tech-
nologies will be useful in national security applica-
tions, as well as to the energy, medical, and agricul-
tural industries. 
(5) The development of new scientific instru-
ments will also be required to advance Genomes to 
Life research. Such instruments are likely to be large 
and costly. Specialized facilities are also likely to be 
required in order to advance the field and to realize 
its promise. Such facilities will be sufficiently expen-
sive that they will have to be located and constructed 
on a centralized basis, similar to a number of unique 
facilities already managed by the Department.
107
(6) Contributions from individual researchers as 
well as multidisciplinary research teams will be re-
quired to advance systems biology and proteomics. 
(7) The Department’s Office of Science is well 
suited to manage systems biology and proteomics re-
search for the Department. Through its support of re-
search and development pursuant to the Department’s 
statutory authorities, the Office of Science is the prin-
cipal Federal supporter of research and development 
in the physical and computational sciences. The Of-
fice is also a significant source of Federal support for 
research in genomics and the life sciences. The Office 
supports research and development by individual in-
vestigators and multidisciplinary teams, and man-
ages special user facilities that serve investigators in 
both university and industry. 
(b) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall carry out a program of research, development, dem-
onstration, and commercial application, to be known as the 
Genomes to Life Program, in systems biology and 
proteomics. 
(c) PLANNING.—
(1) IN GENERAL.—Within one year after the date 
of enactment of this Act, the Secretary shall prepare 
and transmit to Congress a Program plan describing
108
how knowledge and capabilities would be developed by 
the Program and applied to Department missions re-
lating to energy, environmental cleanup, and sta-
bilization of atmospheric levels of carbon dioxide. 
(2) CONSULTATION.—The Program plan will be 
developed in consultation with other relevant Depart-
ment technology programs and other relevant Federal 
agencies. 
(3) LONG-TERM
GOALS.—The Program plan 
shall focus science and technology on long-term goals 
including—
(A) contributing to United States independ-
ence from foreign energy sources; 
(B) stabilizing atmospheric levels of carbon 
dioxide; 
(C) advancing environmental cleanup; and 
(D) providing the science and technology 
basis for new industries in biotechnology. 
(4) SPECIFIC GOALS.—The Program plan shall 
identify appropriate research, development, dem-
onstration, and commercial application activities to 
address the following issues within the next decade: 
(A) Identifying new biological sources of 
fuels and electricity, with particular emphasis
109
on creating biological technologies for the pro-
duction and utilization of hydrogen. 
(B) Understanding the Earth’s natural car-
bon cycle and creating strategies to stabilize at-
mospheric carbon dioxide. 
(C) Developing a knowledge and capability 
base for exploring more cost-effective cleanup 
strategies for Department sites. 
(D) Capturing key biological processes in 
engineered systems not requiring living cells. 
(5) REVIEW.—The Secretary shall enter into an 
arrangement with the National Academy of Sciences 
to review the plan developed under this subsection. 
The Secretary shall transmit the review to the Con-
gress not later than 6 months after the transmittal of 
the Program plan under paragraph (1), along with 
an explanation of any differences between the plan 
and the recommendations of the Academy. 
(d) PROGRAM EXECUTION.—In carrying out the Pro-
gram under this section, the Secretary shall—
(1) support individual investigators and multi-
disciplinary teams of investigators; 
(2) subject to subsection (e), develop, plan, con-
struct, acquire, or operate special equipment or facili-
ties for the use of investigators conducting research,
110
development, demonstration, or commercial applica-
tion in systems biology and proteomics;
(3) support technology transfer activities to ben-
efit industry and other users of systems biology and 
proteomics; and 
(4) coordinate activities by the Department with 
academia, industry, and other Federal agencies. 
(e) USER FACILITIES AND ANCILLARY EQUIPMENT.—
(1) FACILITIES.—As part of the Genomes to Life 
Program, the Secretary is authorized to develop, plan, 
construct, acquire, or operate special equipment, in-
strumentation, or facilities for investigators con-
ducting research, development, demonstration, and 
commercial application projects in systems biology 
and proteomics and associated biological disciplines. 
(2) PROJECTS.—Projects referred to in para-
graph (1) may include—
(A) the identification and characterization 
of multiprotein complexes; 
(B) characterization of gene regulatory net-
works; 
(C) characterization of the functional rep-
ertoire of complex microbial communities in 
their natural environments at the molecular 
level; and
111
(D) development of computational methods 
and capabilities to advance understanding of 
complex biological systems and predict their be-
havior. 
(3) FACILITIES.—Facilities supported under 
paragraph (1) may include facilities for—
(A) the production and characterization of 
proteins; 
(B) whole proteome analysis; 
(C) characterization and imaging of molec-
ular machines; and 
(D) analysis and modeling of cellular sys-
tems. 
(4) COLLABORATION.—The Secretary shall en-
courage collaborations among universities, labora-
tories, and industry at facilities supported under this 
subsection. All facilities supported under this sub-
section shall have a specific mission of technology 
transfer to other institutions. 
(f) DEFINITIONS.—For purposes of this section: 
(1) PROGRAM.—The term ‘‘Program’’ means the 
Genomes to Life Program carried out under this sec-
tion. 
(2) 
PROTEOMICS.—The 
term 
‘‘proteomics’’ 
means the determination of the structure, function,
112
and expression of the proteins encoded in any genome, 
including new protein sequences encoded in a genome 
for which the structural or functional correlates are 
not currently known.
SEC. 170C. DEPARTMENT OF ENERGY SCIENCE AND TECH-
NOLOGY SCHOLARSHIP PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish 
a Department of Energy Science and Technology 
Scholarship Program to award scholarships to indi-
viduals that is designed to recruit and prepare stu-
dents for careers in the Department. 
(2) COMPETITIVE
PROCESS.—Individuals shall 
be selected to receive scholarships under this section 
through a competitive process primarily on the basis 
of academic merit, with consideration given to finan-
cial need and the goal of promoting the participation 
of individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b). 
(3) SERVICE AGREEMENTS.—To carry out the 
Program the Secretary shall enter into contractual 
agreements with individuals selected under paragraph 
(2) under which the individuals agree to serve as full-
time employees of the Department, for the period de-
113
scribed in subsection (f)(1), in positions needed by the 
Department and for which the individuals are quali-
fied, in exchange for receiving a scholarship. 
(b) SCHOLARSHIP ELIGIBILITY.—In order to be eligi-
ble to participate in the Program, an individual must—
(1) be enrolled or accepted for enrollment as a 
full-time student at an institution of higher education 
in an academic program or field of study described 
in the list made available under subsection (d); 
(2) be a United States citizen; and 
(3) at the time of the initial scholarship award, 
not be a Federal employee as defined in section 2105 
of title 5 of the United States Code. 
(c) APPLICATION REQUIRED.—An individual seeking 
a scholarship under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information, agreements, or assurances as the 
Secretary may require. 
(d) ELIGIBLE ACADEMIC PROGRAMS.—The Secretary 
shall make publicly available a list of academic programs 
and fields of study for which scholarships under the Pro-
gram may be utilized, and shall update the list as nec-
essary. 
(e) SCHOLARSHIP REQUIREMENT.—
114
(1) IN GENERAL.—The Secretary may provide a 
scholarship under the Program for an academic year 
if the individual applying for the scholarship has sub-
mitted to the Secretary, as part of the application re-
quired under subsection (c), a proposed academic pro-
gram leading to a degree in a program or field of 
study on the list made available under subsection (d). 
(2) DURATION OF ELIGIBILITY.—An individual 
may not receive a scholarship under this section for 
more than 4 academic years, unless the Secretary 
grants a waiver. 
(3) SCHOLARSHIP AMOUNT.—The dollar amount 
of a scholarship under this section for an academic 
year shall be determined under regulations issued by 
the Secretary, but shall in no case exceed the cost of 
attendance. 
(4) AUTHORIZED USES.—A scholarship provided 
under this section may be expended for tuition, fees, 
and other authorized expenses as established by the 
Secretary by regulation. 
(5) CONTRACTS REGARDING DIRECT PAYMENTS 
TO INSTITUTIONS.—The Secretary may enter into a 
contractual agreement with an institution of higher 
education under which the amounts provided for a 
scholarship under this section for tuition, fees, and
115
other authorized expenses are paid directly to the in-
stitution with respect to which the scholarship is pro-
vided. 
(f) PERIOD OF OBLIGATED SERVICE.—
(1) DURATION OF SERVICE.—The period of serv-
ice for which an individual shall be obligated to serve 
as an employee of the Department is, except as pro-
vided in subsection (h)(2), 24 months for each aca-
demic year for which a scholarship under this section 
is provided. 
(2) SCHEDULE
FOR
SERVICE.—(A) Except as 
provided in subparagraph (B), obligated service 
under paragraph (1) shall begin not later than 60 
days after the individual obtains the educational de-
gree for which the scholarship was provided. 
(B) The Secretary may defer the obligation of an 
individual to provide a period of service under para-
graph (1) if the Secretary determines that such a de-
ferral is appropriate. The Secretary shall prescribe 
the terms and conditions under which a service obli-
gation may be deferred through regulation. 
(g) PENALTIES
FOR
BREACH
OF
SCHOLARSHIP 
AGREEMENT.—
(1) FAILURE
TO
COMPLETE
ACADEMIC
TRAIN-
ING.—Scholarship recipients who fail to maintain a
116
high level of academic standing, as defined by the
Secretary by regulation, who are dismissed from their 
educational institutions for disciplinary reasons, or 
who voluntarily terminate academic training before 
graduation from the educational program for which 
the scholarship was awarded, shall be in breach of 
their contractual agreement and, in lieu of any serv-
ice obligation arising under such agreement, shall be 
liable to the United States for repayment within 1 
year after the date of default of all scholarship funds 
paid to them and to the institution of higher edu-
cation on their behalf under the agreement, except as 
provided in subsection (h)(2). The repayment period 
may be extended by the Secretary when determined 
to be necessary, as established by regulation. 
(2) FAILURE TO BEGIN OR COMPLETE THE SERV-
ICE OBLIGATION OR MEET THE TERMS AND CONDI-
TIONS OF DEFERMENT.—Scholarship recipients who, 
for any reason, fail to begin or complete their service 
obligation after completion of academic training, or 
fail to comply with the terms and conditions of 
deferment established by the Secretary pursuant to 
subsection (f)(2)(B), shall be in breach of their con-
tractual agreement. When recipients breach their 
agreements for the reasons stated in the preceding
117
sentence, the recipient shall be liable to the United 
States for an amount equal to—
(A) the total amount of scholarships re-
ceived by such individual under this section; 
plus 
(B) the interest on the amounts of such 
awards which would be payable if at the time 
the awards were received they were loans bearing 
interest at the maximum legal prevailing rate, 
as determined by the Treasurer of the United 
States, 
multiplied by 3. 
(h) WAIVER OR SUSPENSION OF OBLIGATION.—
(1) DEATH OF INDIVIDUAL.—Any obligation of 
an individual incurred under the Program (or a con-
tractual agreement thereunder) for service or payment 
shall be canceled upon the death of the individual. 
(2) IMPOSSIBILITY
OR
EXTREME
HARDSHIP.—
The Secretary shall by regulation provide for the par-
tial or total waiver or suspension of any obligation 
of service or payment incurred by an individual 
under the Program (or a contractual agreement there-
under) whenever compliance by the individual is im-
possible or would involve extreme hardship to the in-
dividual, or if enforcement of such obligation with re-
118
spect to the individual would be contrary to the best 
interests of the Government. 
(i) DEFINITIONS.—In this section the following defini-
tions apply: 
(1) COST OF ATTENDANCE.—The term ‘‘cost of 
attendance’’ has the meaning given that term in sec-
tion 472 of the Higher Education Act of 1965 (20 
U.S.C. 1087ll). 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given that term in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(3) PROGRAM.—The term ‘‘Program’’ means the 
Department of Energy Science and Technology Schol-
arship Program established under this section. 
Subtitle G—Energy and 
Environment 
SEC. 171. AUTHORIZATION OF APPROPRIATIONS. 
(a) UNITED STATES-MEXICO ENERGY TECHNOLOGY 
COOPERATION.—The following sums are authorized to be 
appropriated to the Secretary to carry out activities under 
section 172: 
(1) For fiscal year 2004, $5,000,000. 
(2) For fiscal year 2005, $6,000,000. 
(3) For fiscal year 2006, $6,000,000.
119
(4) For fiscal year 2007, $6,000,000. 
(b) WASTE
REDUCTION
AND
USE
OF
ALTER-
NATIVES.—There are authorized to be appropriated to the 
Secretary to carry out activities under section 173, 
$500,000 for fiscal year 2004. 
SEC. 172. UNITED STATES-MEXICO ENERGY TECHNOLOGY 
COOPERATION. 
(a) PROGRAM.—The Secretary shall establish a re-
search, development, demonstration, and commercial appli-
cation program to be carried out in collaboration with enti-
ties in Mexico and the United States to promote energy effi-
cient, environmentally sound economic development along 
the United States-Mexico border. 
(b) PROGRAM MANAGEMENT.—The program under 
subsection (a) shall be managed by the Department of En-
ergy Carlsbad Environmental Management Field Office. 
(c) 
TECHNOLOGY
TRANSFER.—In 
carrying 
out 
projects and activities under this section, the Secretary shall 
assess the applicability of technology developed under the 
Environmental Management Science Program of the De-
partment. 
(d) INTELLECTUAL PROPERTY.—In carrying out this 
section, the Secretary shall comply with the requirements 
of any agreement entered into between the United States 
and Mexico regarding intellectual property protection.
120
SEC. 173. WASTE REDUCTION AND USE OF ALTERNATIVES. 
(a) GRANT AUTHORITY.—The Secretary is authorized 
to make a single grant to a qualified institution to examine 
and develop the feasibility of burning post-consumer carpet 
in cement kilns as an alternative energy source. The pur-
poses 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; 
(3) the emissions of air pollutants and other rel-
evant environmental impacts; and 
(4) how this process provides benefits to both ce-
ment kiln operations and carpet suppliers. 
(b) QUALIFIED INSTITUTION.—For the purposes of 
subsection (a), a qualified institution is a research-intensive 
institution of higher education with demonstrated expertise 
in the fields of fiber recycling and logistical modeling of 
carpet waste collection and preparation. 
SEC. 174. COAL GASIFICATION. 
The Secretary is authorized to provide loan guarantees 
for a project to produce energy from a plant using inte-
grated gasification combined cycle technology of at least 400 
megawatts in capacity that produces power at competitive 
rates in deregulated energy generation markets and that
121
does not receive any subsidy (direct or indirect) from rate-
payers. 
SEC. 175. PETROLEUM COKE GASIFICATION. 
The Secretary is authorized to provide loan guarantees 
for at least one petroleum coke gasification polygeneration 
project. 
SEC. 176. OTHER BIOPOWER AND BIOENERGY. 
The Secretary shall conduct a program to assist in the 
planning, design, and implementation of projects to convert 
rice straw, rice hulls, sugarcane bagasse, forest thinnings, 
and barley grain into biopower and biofuels.
SEC. 177. COAL TECHNOLOGY LOAN. 
There are authorized to be appropriated to the Sec-
retary $125,000,000 to provide a loan to the owner of the 
experimental plant constructed under United States De-
partment of Energy cooperative agreement number DE–
FC22–91PC99544 on such terms and conditions as the Sec-
retary determines, including interest rates and upfront 
payments. 
SEC. 178. FUEL CELL TEST CENTER. 
(a) STUDY.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
Congress a report on the results of a study of the establish-
ment of a test center for next-generation fuel cells at an 
institution of higher education that has available a contin-
122
uous source of hydrogen and access to the electric trans-
mission grid. Such report shall include a conceptual design 
for such test center and a projection of the costs of estab-
lishing the test center. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $500,000. 
Subtitle H—Hydrogen 
SEC. 181. SHORT TITLE. 
This subtitle may be cited as the ‘‘George E. Brown, 
Jr. and Robert S. Walker Hydrogen Future Act of 2003’’. 
SEC. 182. MATSUNAGA ACT AMENDMENT. 
The Spark M. Matsunaga Hydrogen Research, Devel-
opment, and Demonstration Act of 1990 (42 U.S.C. 12401 
et seq.) is amended by striking sections 102 through 109 
and inserting the following: 
‘‘SEC. 102. FINDINGS AND DEFINITIONS. 
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the United States is currently dependent on 
foreign sources for a majority of its petroleum supply; 
‘‘(2) the Nation’s dependence on foreign petro-
leum is expected to increase in the decades ahead; 
‘‘(3) it is in the national interest to reduce de-
pendence on imported petroleum by accelerating Fed-
123
eral efforts to partner with the private sector in devel-
oping hydrogen and fuel cell technologies; 
‘‘(4) it is in the national interest to support in-
dustry’s efforts to develop a light duty vehicle fleet 
that is free or near free of pollutant emissions and 
greenhouse gas emissions, and that helps to reduce the 
Nation’s dependence on petroleum in a manner that 
maintains the freedom of consumers to purchase the 
kinds of vehicles they wish to drive and the freedom 
to refuel those vehicles safely and affordably; 
‘‘(5) the development of hydrogen fuel cell vehi-
cles and supporting infrastructure will benefit from 
and accelerate the parallel advancement of fuel cells 
for stationary power that will enhance the resiliency, 
reliability, and environmental performance of the Na-
tion’s electricity infrastructure; 
‘‘(6) fuel cell technology for consumer electronics 
and portable power will benefit from, and advance the 
development of, hydrogen fuel cell vehicles and sup-
porting infrastructure; 
‘‘(7) there is a need for deployment of bridging 
technologies that can contribute to reducing petroleum 
demand and decreasing air emissions, including—
‘‘(A) gasoline-electric and diesel-electric hy-
brid drive systems;
124
‘‘(B) advanced combustion engines (includ-
ing clean diesel), electric battery, and power elec-
tronics; and 
‘‘(C) alternative fuels and other tech-
nologies; 
‘‘(8) low-cost hydrogen production, storage, and 
delivery facilities are essential to the success of the 
FreedomCAR program; and 
‘‘(9) vehicle technology development work should 
be performed in a manner that is cognizant of con-
sumer acceptance and marketplace success. 
‘‘(b) DEFINITIONS.—In this Act: 
‘‘(1) The term ‘Advisory Committee’ means the 
Hydrogen Technical and Fuel Cell Advisory Com-
mittee established under section 108 of this Act. 
‘‘(2) The term ‘Department’ means the Depart-
ment of Energy. 
‘‘(3) The term ‘fuel cell’ means a device that di-
rectly converts the chemical energy of a fuel and an 
oxidant into electricity by an electrochemical process 
taking place at separate electrodes in the device. 
‘‘(4) The term ‘FreedomCAR’ is the acronym for 
a Department initiative in automotive research and 
development entitled ‘Freedom Cooperative Auto-
motive Research’.
125
‘‘(5) The term ‘infrastructure’ means the equip-
ment, systems, or facilities used to produce, distribute, 
deliver, or store hydrogen and other advanced clean 
fuels. 
‘‘(6) The term ‘light duty vehicle’ means a car 
or truck classified by the Department of Transpor-
tation as a Class I or IIA vehicle. 
‘‘(7) The term ‘Secretary’ means the Secretary of 
Energy. 
‘‘SEC. 103. PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a re-
search, development, demonstration, and commercial appli-
cation program designed to accelerate the use of hydrogen 
and related technologies in stationary and transportation 
applications. The goals of the program shall include—
‘‘(1) to enable a decision by automakers not later 
than 2015 to offer affordable and technically viable 
hydrogen fuel cell vehicles in the mass consumer mar-
ket; 
‘‘(2) to enable production and delivery to con-
sumers of model year 2020 hydrogen fuel cell vehicles 
that will have—
‘‘(A) a range of at least three hundred 
miles;
126
‘‘(B) safety and performance comparable to 
vehicle technologies in the market; 
‘‘(C) when compared to light duty vehicles 
in model year 2003—
‘‘(i) a fuel economy that is two and 
one half times the equivalent fuel economy 
of comparable light duty vehicles in model 
year 2003; and 
‘‘(ii) zero or near zero emissions of pol-
lutants; and 
‘‘(D) vehicle fuel system crash integrity and 
occupant protection; and 
‘‘(3) to enable by 2020 the safe and convenient 
commercial production and delivery of hydrogen that 
will have—
‘‘(A) the capacity to meet the demand for 
stationary and mobile hydrogen fuel cells; 
‘‘(B) safety and performance characteristics 
comparable to other fuels; and 
‘‘(C) improved overall efficiency and zero or 
near zero emissions when compared to fuels used 
in 2003. 
‘‘(b) ACTIVITIES.—The program authorized under this 
section shall address—
127
‘‘(1) production of hydrogen from diverse energy 
sources, including—
‘‘(A) fossil fuels, in conjunction with carbon 
capture and sequestration; 
‘‘(B) hydrogen-carrier fuels (including eth-
anol and methanol); 
‘‘(C) renewable energy resources; and 
‘‘(D) nuclear energy; 
‘‘(2) delivery of hydrogen or hydrogen-carrier 
fuels, including—
‘‘(A) transmission by pipeline and other 
distribution methods; and 
‘‘(B) safe, convenient, and economic refuel-
ing of vehicles either at central refueling stations 
or through distributed on-site generation; 
‘‘(3) storage of hydrogen or hydrogen-carrier 
fuels, including development of materials for safe and 
economic storage in gaseous, liquid, or solid form at 
refueling facilities and onboard vehicles; 
‘‘(4) development of safe, durable, affordable, and 
efficient fuel cells, including research and development 
on fuel-flexible fuel cell power systems, improved 
manufacturing 
processes, 
high-temperature 
mem-
branes, cost-effective fuel processing for natural gas,
128
fuel cell stack and system reliability, low temperature 
operation, and cold start capability; and 
‘‘(5) development, in conjunction with the Na-
tional Institute of Standards and Technology, of nec-
essary codes and standards (including international 
codes and standards) and safety practices for the pro-
duction, distribution, storage, and use of hydrogen, 
hydrogen-carrier fuels and related products. 
‘‘(c) DEMONSTRATION.—In carrying out the dem-
onstration program under this section, the Secretary shall 
fund a limited number of projects and shall, to the extent 
practicable—
‘‘(1) select only projects that—
‘‘(A) involve using hydrogen and related 
products at facilities or installations that would 
exist without the demonstration program, such 
as existing office buildings, military bases, vehi-
cle fleet centers, transit bus authorities, or parks; 
and 
‘‘(B) depend on reliable power from hydro-
gen to carry out essential activities; and 
‘‘(2) favor projects that—
‘‘(A) lead to the replication of hydrogen 
technologies and draw such technologies into the 
marketplace;
129
‘‘(B) integrate in a single project both mo-
bile and stationary applications of hydrogen fuel 
cells; 
‘‘(C) address the interdependency of demand 
for hydrogen fuel cell applications and hydrogen 
fuel infrastructure; or 
‘‘(D) raise awareness of hydrogen technology 
among the public. 
‘‘(d) MERIT REVIEW.—The Secretary shall carry out 
the program under this section using a competitive, merit-
review process and consistent with the generally applicable 
Federal laws and regulations governing awards of financial 
assistance, contracts, or other agreements. 
‘‘(e) COST SHARING.—(1) For projects carried out 
through grants, cooperative agreements, or contracts under 
this section, the Secretary shall require a commitment from 
non-Federal sources of at least—
‘‘(A) 20 percent of the cost of a research and de-
velopment project; and 
‘‘(B) 50 percent of the cost of a demonstration 
project. 
‘‘(2) The Secretary may reduce the cost-sharing re-
quirement under paragraph (1)—
‘‘(A) if the Secretary determines that the project 
involves research of a basic or fundamental nature;
130
‘‘(B) if the Secretary determines that a dem-
onstration or commercial application project involves 
unusual technological risks; or 
‘‘(C) for technical analyses or other activities 
that the Secretary does not expect to result in a mar-
ketable product. 
‘‘(3) The Secretary may consider the size of the non-
Federal share in selecting projects. 
‘‘SEC. 104. FREEDOM CAR. 
‘‘(a) IN GENERAL.—In coordination with the program 
under section 103, the Secretary shall carry out a research, 
development, demonstration, and commercial application 
program on advanced vehicle technologies, to be known as 
the FreedomCAR program. 
‘‘(b) ACTIVITIES.—The FreedomCAR program shall 
address—
‘‘(1) engine and emission control systems; 
‘‘(2) energy storage, electric propulsion, and hy-
brid systems; 
‘‘(3) automotive materials; 
‘‘(4) clean fuels in addition to hydrogen; and 
‘‘(5) other advanced vehicle technologies. 
‘‘(c) DEMONSTRATION.—Demonstrations involving hy-
drogen shall be conducted as part of the program under sec-
tion 103.
131
‘‘(d) MERIT REVIEW AND COST SHARING.—The Sec-
retary shall carry out the FreedomCAR program in compli-
ance with sections 103(d) and (e). 
‘‘SEC. 105. PLAN. 
‘‘Not later than six months after the date of enactment 
of the George E. Brown, Jr. and Robert S. Walker Hydro-
gen Future Act of 2003, the Secretary shall transmit to the 
Congress a coordinated plan for the programs described in 
sections 103 and 104 and any other programs of the De-
partment that are directly related to fuel cells or hydrogen. 
The plan shall be consistent with the National Hydrogen 
Energy Roadmap published by the Department in October 
of 2002 and shall describe, at a minimum—
‘‘(1) the agenda for the programs for the next 
five years, including what research, development, 
demonstration, and commercial application will be 
conducted to carry out each activity enumerated in 
sections 103(b) and 104(b); 
‘‘(2) the role national laboratories, institutions of 
higher education, small businesses, and other private 
sector firms are expected to play in the programs; 
‘‘(3) the technical milestones that will be used to 
evaluate the programs for the next five years; 
‘‘(4) the most significant technical hurdles that 
stand in the way of achieving the goals described in
132
section 103(a), and how the programs will address 
those hurdles; and 
‘‘(5) the policy assumptions that are driving the 
research agenda, including any assumptions that 
would affect the sources of hydrogen or the market-
ability of hydrogen-related products. 
‘‘SEC. 106. EDUCATION, OUTREACH, AND TECHNOLOGY 
TRANSFER. 
‘‘(a) IN GENERAL.—The Secretary may carry out pro-
grams and activities for interagency, intergovernmental, 
and international education, information exchange, and co-
operation related to hydrogen and hydrogen-related prod-
ucts. 
‘‘(b) TECHNOLOGY TRANSFER.—(1) The Secretary 
may conduct a program to transfer technology to the pri-
vate sector under this Act. The purpose of the technology 
transfer program is to foster the exchange of generic, non-
proprietary information and technology, developed under 
this Act, among industry, academia, and the Federal Gov-
ernment, to help the United States economy attain the eco-
nomic benefits of this information and technology, among 
other purposes. 
‘‘(2) The Secretary shall direct the program authorized 
by this subsection with the advice and assistance of the Ad-
visory Committee.
133
‘‘SEC. 107. INTERAGENCY TASK FORCE. 
‘‘(a) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of the George E. Brown, Jr. and Rob-
ert S. Walker Hydrogen Future Act of 2003, the President 
shall establish an interagency task force, chaired by the Di-
rector of the Office of Science and Technology Policy or his 
designee, with representatives from each of the following: 
‘‘(1) The Department of Energy. 
‘‘(2) The Department of Transportation. 
‘‘(3) The Department of State. 
‘‘(4) The Department of Defense. 
‘‘(5) The Department of Commerce (including 
the National Institute of Standards and Technology). 
‘‘(6) The Environmental Protection Agency. 
‘‘(7) The National Aeronautics and Space Ad-
ministration. 
‘‘(8) Other Federal agencies as the Director de-
termines appropriate. 
‘‘(b) DUTIES.—
‘‘(1) IMPLEMENTATION.—The interagency task 
force shall work toward development of—
‘‘(A) a safe, economical, and environ-
mentally sound hydrogen infrastructure; 
‘‘(B) uniform hydrogen codes, standards, 
and safety protocols;
134
‘‘(C) fuel cells in government applications, 
including portable, stationary, and transpor-
tation applications; and 
‘‘(D) vehicle hydrogen fuel system integrity 
safety performance. 
‘‘(2) ACTIVITIES.—The interagency task force 
may organize workshops and conferences, may issue 
publications, and may create databases to carry out 
its duties. The interagency task force shall—
‘‘(A) foster the exchange of generic, non-
proprietary information and technology among 
industry, academia, and government; 
‘‘(B) develop and maintain an inventory 
and assessment of hydrogen, fuel cells, and other 
advanced technologies, including the commercial 
capability of each technology for the economic 
and environmentally safe production, distribu-
tion, delivery, storage, and use of hydrogen; 
‘‘(C) integrate technical and other informa-
tion made available as a result of the programs 
and activities under this Act; 
‘‘(D) promote the marketplace introduction 
of infrastructure for hydrogen-powered fuel cell 
vehicles; and
135
‘‘(E) conduct an education program to pro-
vide hydrogen and fuel cell information to poten-
tial end-users in coordination with the program 
under section 106. 
‘‘(c) AGENCY COOPERATION.—The heads of all agen-
cies, including those whose agencies are not represented on 
the interagency task force, shall cooperate with and furnish 
information to the interagency task force and the Depart-
ment. 
‘‘SEC. 108. ADVISORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—The Hydrogen Technical and 
Fuel Cell Advisory Committee shall be established to advise 
the Secretary on the programs and activities under this Act. 
‘‘(b) MEMBERSHIP.—
‘‘(1) MEMBERS.—The Secretary shall appoint 
not fewer than 12 nor more than 25 members. The 
Secretary shall appoint members to represent domes-
tic industry, academia, professional societies, govern-
ment agencies, and financial, environmental, and 
other appropriate organizations based on the Sec-
retary’s assessment of the technical and other quali-
fications of committee members and the needs of the 
Advisory Committee. 
‘‘(2) TERMS.—The term of a member of the Ad-
visory Committee shall be not more than three years.
136
The Secretary may appoint members of the Advisory 
Committee in a manner that allows the terms of the 
members serving at any time to expire at spaced in-
tervals so as to ensure continuity in the functioning 
of the Advisory Committee. A member of the Advisory 
Committee whose term is expiring may be re-
appointed. 
‘‘(3) CHAIRPERSON.—The Chair of the Advisory 
Committee shall be a member of the Advisory Com-
mittee, elected by the members from among their 
number. 
‘‘(c) REVIEW.—(1) The Advisory Committee shall re-
view and make recommendations to the Secretary in a bien-
nial report on—
‘‘(A) the implementation of programs and activi-
ties under this Act; and 
‘‘(B) the safety, economical, environmental, and 
other consequences of technologies for the production, 
distribution, delivery, storage, or use of hydrogen and 
fuel cells. 
‘‘(2) The Secretary shall transmit the report under this 
subsection to the Congress along with a description of how 
the Secretary has implemented or plans to implement the 
recommendations, or an explanation of the reasons that a
137
recommendation will not be implemented. The report shall 
be transmitted along with the President’s budget proposal. 
‘‘(d) ADVISORY COMMITTEE SUPPORT.—The Secretary 
shall provide resources necessary in the judgment of the Sec-
retary for the Advisory Committee to carry out its respon-
sibilities under this Act. 
‘‘SEC. 109. EXTERNAL REVIEW. 
‘‘(a) PLAN.—The Secretary shall enter into an ar-
rangement with a competitively selected nongovernmental 
entity, such as the National Academy of Sciences, to review 
the plan prepared under section 105. The Secretary shall 
transmit the review to the Congress along with a plan to 
implement the review’s recommendations or an explanation 
of the reasons that a recommendation will not be imple-
mented. 
‘‘(b) BIENNIAL REVIEW.—The Secretary shall enter 
into an arrangement with a competitively selected non-
governmental entity, such as the National Academy of 
Sciences, under which the entity will review the program 
under sections 103 and 104 every other year, beginning two 
years after the date of enactment of the George E. Brown, 
Jr. and Robert S. Walker Hydrogen Future Act of 2003. 
The entity shall review the research priorities, technical 
milestones, and plans for technology transfer and evaluate 
the progress toward achieving them. The Secretary shall
138
transmit each review to the Congress along with a plan to 
implement the review’s recommendations or an explanation 
for the reasons that a recommendation will not be imple-
mented. 
‘‘SEC. 110. MISCELLANEOUS PROVISIONS. 
‘‘(a) DUPLICATION.—The Secretary shall carry out the 
activities of this Act in a manner that avoids unnecessary 
duplication or displacement of, or competition with private 
sector activities. 
‘‘(b) OTHER GOVERNMENTS.—In carrying out this 
Act, the Secretary may enter into cost-sharing agreements 
with Federal, State, or local governments to demonstrate 
applications using hydrogen and fuel cells. 
‘‘(c) REPRESENTATION.—The Department may rep-
resent the United States interests with respect to activities 
and programs under this Act, in coordination with the De-
partment of Transportation, the National Institute of 
Standards and Technology, and other relevant Federal 
agencies, before governments and nongovernmental organi-
zations including—
‘‘(1) other Federal, State, regional, and local 
governments and their representatives; 
‘‘(2) industry and its representatives, including 
members of the energy and transportation industries; 
and
139
‘‘(3) in consultation with the Department of 
State, foreign governments and their representatives 
including international organizations. 
‘‘(d) REGULATORY AUTHORITY.—Nothing in this Act 
shall be construed to alter the regulatory authority of the 
Department. 
‘‘SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this Act, in addition to any amounts made available for 
these purposes under other Acts—
‘‘(1) $273,500,000 for fiscal year 2004; 
‘‘(2) $325,000,000 for fiscal year 2005; 
‘‘(3) $375,000,000 for fiscal year 2006; 
‘‘(4) $400,000,000 for fiscal year 2007; and 
‘‘(5) $425,000,000 for fiscal year 2008.’’. 
SEC. 183. REPEAL OF HYDROGEN FUTURE ACT OF 1996. 
The Hydrogen Future Act of 1996 is repealed. 
Subtitle I—Management 
SEC. 184. AVAILABILITY OF FUNDS. 
Funds authorized to be appropriated to the Depart-
ment under this title shall remain available until expended. 
SEC. 185. COST SHARING. 
(a) RESEARCH AND DEVELOPMENT.—Except as other-
wise provided in this title, for research and development 
programs carried out under this title, the Secretary shall
140
require a commitment from non-Federal sources of at least 
20 percent of the cost of the project. The Secretary may re-
duce or eliminate the non-Federal requirement under this 
subsection if the Secretary determines that the research and 
development is of a basic or fundamental nature. 
(b) DEMONSTRATION
AND
COMMERCIAL
APPLICA-
TION.—Except as otherwise provided in this title, the Sec-
retary shall require at least 50 percent of the costs directly 
and specifically related to any demonstration or commer-
cial application project under this title to be provided from 
non-Federal sources. The Secretary may reduce the non-
Federal requirement under this subsection if the Secretary 
determines that the reduction is necessary and appropriate 
considering the technological risks involved in the project 
and is necessary to meet the objectives of this title. 
(c) CALCULATION
OF AMOUNT.—In calculating the 
amount of the non-Federal commitment under subsection 
(a) or (b), the Secretary may include personnel, services, 
equipment, and other resources. 
SEC. 186. MERIT REVIEW OF PROPOSALS. 
Awards of funds authorized under this title shall be 
made only after an impartial review of the scientific and 
technical merit of the proposals for such awards has been 
carried out by or for the Department.