221 
tion, the Secretary shall submit to Congress a plan 
describing the Secretary’s operational strategy for 
continued recovery and storage of GTCC waste until 
a permanent disposal facility is available. 
‘‘(2) UPDATE OF 1987 REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this section, the 
Secretary shall submit to Congress an update of 
the Secretary’s February 1987 report submitted 
to Congress that made comprehensive rec-
ommendations for the disposal of GTCC waste. 
‘‘(B) CONTENTS.—The update under this 
paragraph shall contain— 
‘‘(i) a detailed description and identi-
fication of the GTCC waste that is to be dis-
posed; 
‘‘(ii) a description of current domestic 
and international programs, both Federal 
and commercial, for management and dis-
position of GTCC waste; 
‘‘(iii) an identification of the Federal 
and private options and costs for the safe 
disposal of GTCC waste; 
‘‘(iv) an identification of the options 
for ensuring that, wherever possible, genera-
222 
tors and users of GTCC waste bear all rea-
sonable costs of waste disposal; 
‘‘(v) an identification of any new stat-
utory authority required for disposal of 
GTCC waste; and 
‘‘(vi) in coordination with the Envi-
ronmental Protection Agency and the Com-
mission, an identification of any new regu-
latory guidance needed for the disposal of 
GTCC waste. 
‘‘(3) REPORT ON COST AND SCHEDULE FOR COM-
PLETION
OF
ENVIRONMENTAL
IMPACT
STATEMENT 
AND RECORD OF DECISION.—Not later than 180 days 
after the date of submission of the update required 
under paragraph (2), the Secretary shall submit to 
Congress a report containing an estimate of the cost 
and schedule to complete a draft and final environ-
mental impact statement and to issue a record of de-
cision for a permanent disposal facility, utilizing ei-
ther a new or existing facility, for GTCC waste.’’. 
§ 636. Prohibition on nuclear exports to countries that 
sponsor terrorism 
(a) IN GENERAL.—Section 129 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2158) is amended—
223 
(1) by inserting ‘‘a.’’ before ‘‘No nuclear mate-
rials and equipment’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘b.(1) Notwithstanding any other provision of law, in-
cluding specifically section 121 of this Act, and except as 
provided in paragraphs (2) and (3), no nuclear materials 
and equipment or sensitive nuclear technology, including 
items and assistance authorized by section 57 b. of this Act 
and regulated under part 810 of title 10, Code of Federal 
Regulations, and nuclear-related items on the Commerce 
Control List maintained under part 774 of title 15 of the 
Code of Federal Regulations, shall be exported or reexported, 
or transferred or retransferred whether directly or indi-
rectly, and no Federal agency shall issue any license, ap-
proval, or authorization for the export or reexport, or trans-
fer, or retransfer, whether directly or indirectly, of these 
items or assistance (as defined in this paragraph) to any 
country whose government has been identified by the Sec-
retary of State as engaged in state sponsorship of terrorist 
activities (specifically including any country the govern-
ment of which has been determined by the Secretary of State 
under section 620A(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371(a)), section 6(j)(1) of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section
224 
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) 
to have repeatedly provided support for acts of inter-
national terrorism). 
‘‘(2) This subsection shall not apply to exports, reex-
ports, transfers, or retransfers of radiation monitoring tech-
nologies, surveillance equipment, seals, cameras, tamper-in-
dication devices, nuclear detectors, monitoring systems, or 
equipment necessary to safely store, transport, or remove 
hazardous materials, whether such items, services, or infor-
mation are regulated by the Department of Energy, the De-
partment of Commerce, or the Nuclear Regulatory Commis-
sion, except to the extent that such technologies, equipment, 
seals, cameras, devices, detectors, or systems are available 
for use in the design or construction of nuclear reactors or 
nuclear weapons. 
‘‘(3) The President may waive the application of para-
graph (1) to a country if the President determines and cer-
tifies to Congress that the waiver will not result in any 
increased risk that the country receiving the waiver will 
acquire nuclear weapons, nuclear reactors, or any materials 
or components of nuclear weapons and— 
‘‘(A) the government of such country has not 
within the preceding 12-month period willfully aided 
or abetted the international proliferation of nuclear 
explosive devices to individuals or groups or willfully
225 
aided and abetted an individual or groups in acquir-
ing unsafeguarded nuclear materials; 
‘‘(B) in the judgment of the President, the gov-
ernment of such country has provided adequate, 
verifiable assurances that it will cease its support for 
acts of international terrorism; 
‘‘(C) the waiver of that paragraph is in the vital 
national security interest of the United States; or 
‘‘(D) such a waiver is essential to prevent or re-
spond to a serious radiological hazard in the country 
receiving the waiver that may or does threaten public 
health and safety.’’. 
(b) APPLICABILITY
TO
EXPORTS
APPROVED
FOR 
TRANSFER BUT NOT TRANSFERRED.—Subsection b. of sec-
tion 129 of Atomic Energy Act of 1954, as added by sub-
section (a) of this section, shall apply with respect to ex-
ports that have been approved for transfer as of the date 
of the enactment of this Act but have not yet been trans-
ferred as of that date. 
§ 638. National uranium stockpile 
The USEC Privatization Act (42 U.S.C. 2297h et seq.) 
is amended by adding at the end the following new section:
226 
‘‘SEC. 3118. NATIONAL URANIUM STOCKPILE. 
‘‘(a) STOCKPILE CREATION.—The Secretary of Energy 
may create a national low-enriched uranium stockpile with 
the goals to— 
‘‘(1) enhance national energy security; and 
‘‘(2) reduce global proliferation threats. 
‘‘(b) SOURCE OF MATERIAL.—The Secretary shall ob-
tain material for the stockpile from— 
‘‘(1) material derived from blend-down of Rus-
sian highly enriched uranium derived from weapons 
materials; and 
‘‘(2) domestically mined and enriched uranium. 
‘‘(c) LIMITATION ON SALES OR TRANSFERS.—Sales or 
transfer of materials in the stockpile shall occur pursuant 
to section 3112.’’. 
§ 639. 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 prohibited 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.
227 
§ 640. Employee benefits 
Section 3110(a) of the USEC Privatization Act (42 
U.S.C. 2297h-8(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(8) CONTINUITY OF BENEFITS.—Not later than 30 
days after the date of enactment of this paragraph, the Sec-
retary shall implement such actions as are necessary to en-
sure that any employee who— 
‘‘(A) is involved in providing infrastructure or 
environmental remediation services at the Ports-
mouth, Ohio, or the Paducah, Kentucky, Gaseous Dif-
fusion Plant; 
‘‘(B) has been an employee of the Department of 
Energy’s predecessor management and integrating 
contractor (or its first or second tier subcontractors), 
or of the Corporation, at the Portsmouth, Ohio, or the 
Paducah, Kentucky, facility; and 
‘‘(C) was eligible as of April 1, 2005, to partici-
pate in or transfer into the Multiple Employer Pen-
sion Plan or the associated multiple employer retiree 
health care benefit plans, as defined in those plans, 
shall continue to be eligible to participate in or transfer 
into such pension or health care benefit plans.’’.
228 
Subtitle C—Additional Hydrogen Production 
Provisions 
§ 651. Hydrogen production programs 
(a) ADVANCED REACTOR HYDROGEN COGENERATION 
PROJECT.— 
(1) PROJECT ESTABLISHMENT.— The Secretary 
is directed to establish an Advanced Reactor Hydro-
gen Cogeneration Project. 
(2) PROJECT
DEFINITION.— The project shall 
consist of the research, development, design, construc-
tion, and operation of a hydrogen production cogen-
eration research facility that, relative to the current 
commercial reactors, enhances safety features, reduces 
waste production, enhances thermal efficiencies, in-
creases proliferation resistance, and has the potential 
for improved economics and physical security in reac-
tor siting. This facility shall be constructed so as to 
enable research and development on advanced reactors 
of the type selected and on alternative approaches for 
reactor-based production of hydrogen. 
(3) PROJECT MANAGEMENT.— 
(A) MANAGEMENT.—The project shall be 
managed within the Department by the Office of 
Nuclear Energy, Science, and Technology. 
(B) LEAD LABORATORY.—The lead labora-
tory for the project, providing the site for the re-
229 
actor construction, shall be the Idaho National 
Laboratory (in this subsection referred to as 
‘‘INL’’). 
(C) STEERING COMMITTEE.—The Secretary 
shall establish a national steering committee 
with membership from the national laboratories, 
universities, and industry to provide advice to 
the Secretary and the Director of the Office of 
Nuclear Energy, Science, and Technology on 
technical and program management aspects of 
the project. 
(D) 
COLLABORATION.—Project 
activities 
shall be conducted at INL, other national labora-
tories, universities, domestic industry, and inter-
national partners. 
(4) PROJECT REQUIREMENTS.— 
(A) RESEARCH AND DEVELOPMENT.— 
(i) IN GENERAL.—The project shall in-
clude planning, research and development, 
design, and construction of an advanced, 
next-generation, nuclear energy system suit-
able for enabling further research and devel-
opment on advanced reactor technologies 
and alternative approaches for reactor-based 
generation of hydrogen.
230 
(ii) REACTOR TEST CAPABILITIES AT 
INL.—The project shall utilize, where appro-
priate, extensive reactor test capabilities 
resident at INL. 
(iii) ALTERNATIVES.—The project shall 
be designed to explore technical, environ-
mental, and economic feasibility of alter-
native approaches for reactor-based hydro-
gen production. 
(iv) INDUSTRIAL
LEAD.—The indus-
trial lead for the project shall be a company 
incorporated in the United States. 
(B) INTERNATIONAL COLLABORATION.— 
(i) IN GENERAL.—The Secretary shall 
seek international cooperation, participa-
tion, and financial contribution in this 
project. 
(ii) ASSISTANCE FROM INTERNATIONAL 
PARTNERS.—The Secretary may contract 
for assistance from specialists or facilities 
from member countries of the Generation IV 
International Forum, the Russian Federa-
tion, or other international partners where 
such specialists or facilities provide access
231 
to cost-effective and relevant skills or test 
capabilities. 
(iii) GENERATION
IV
INTERNATIONAL 
FORUM.—International activities shall be 
coordinated with the Generation IV Inter-
national Forum. 
(iv) GENERATION IV NUCLEAR ENERGY 
SYSTEMS
PROGRAM.—The Secretary may 
combine this project with the Generation IV 
Nuclear Energy Systems Program. 
(C) DEMONSTRATION.—The overall project, 
which may involve demonstration of selected 
project objectives in a partner nation, must dem-
onstrate both electricity and hydrogen production 
and may provide flexibility, where technically 
and economically feasible in the design and con-
struction, to enable tests of alternative reactor 
core and cooling configurations. 
(D) PARTNERSHIPS.—The Secretary shall 
establish cost-shared partnerships with domestic 
industry or international participants for the re-
search, development, design, construction, and 
operation of the research facility, and preference 
in determining the final project structure shall 
be given to an overall project which retains
232 
United States leadership while maximizing cost 
sharing opportunities and minimizing Federal 
funding responsibilities. 
(E) TARGET DATE.—The Secretary shall se-
lect technologies and develop the project to pro-
vide initial testing of either hydrogen production 
or electricity generation by 2011, or provide a 
report to Congress explaining why this date is 
not feasible. 
(F) 
WAIVER
OF
CONSTRUCTION 
TIMELINES.—The Secretary is authorized to con-
duct the Advanced Reactor Hydrogen Cogenera-
tion Project without the constraints of DOE 
Order 413.3, relating to program and project 
management for the acquisition of capital assets, 
as necessary to meet the specified operational 
date. 
(G) COMPETITION.—The Secretary may 
fund up to 2 teams for up to 1 year to develop 
detailed proposals for competitive evaluation and 
selection of a single proposal and concept for fur-
ther progress. The Secretary shall define the for-
mat of the competitive evaluation of proposals. 
(H) USE OF FACILITIES.—Research facili-
ties in industry, national laboratories, or univer-
233 
sities either within the United States or with co-
operating international partners may be used to 
develop the enabling technologies for the research 
facility. Utilization of domestic university-based 
facilities shall be encouraged to provide edu-
cational opportunities for student development. 
(I) ROLE OF NUCLEAR REGULATORY COM-
MISSION.— 
(i) IN GENERAL.—The Nuclear Regu-
latory Commission shall have licensing and 
regulatory authority for any reactor author-
ized under this subsection, pursuant to sec-
tion 202 of the Energy Reorganization Act 
of 1974 (42 U.S.C. 5842). 
(ii) RISK-BASED CRITERIA.—The Sec-
retary shall seek active participation of the 
Nuclear Regulatory Commission throughout 
the project to develop risk-based criteria for 
any future commercial development of a 
similar reactor architecture. 
(J) REPORT.—The Secretary shall develop 
and transmit to Congress a comprehensive 
project plan not later than 3 months after the 
date of enactment of this Act. The project plan
234 
shall be updated annually with each annual 
budget submission. 
(b) ADVANCED NUCLEAR REACTOR TECHNOLOGIES.— 
The Secretary shall— 
(1) prepare a detailed roadmap for carrying out 
the provisions in this subtitle related to advanced nu-
clear reactor technologies and for implementing the 
recommendations related to advanced nuclear reactor 
technologies that are included in the report trans-
mitted under subsection (d); and 
(2) provide for the establishment of 5 projects in 
geographic areas that are regionally and climatically 
diverse to demonstrate the commercial production of 
hydrogen at existing nuclear power plants, including 
one demonstration project at a national laboratory or 
institution of higher education using an advanced 
gas-cooled reactor. 
(c) COLLOCATION WITH HYDROGEN PRODUCTION FA-
CILITY.—Section 103 of the Atomic Energy Act of 1954 (42 
U.S.C. 2011) is amended by adding at the end the following 
new subsection: 
‘‘g. The Commission shall give priority to the licensing 
of a utilization facility that is collocated with a hydrogen 
production facility. The Commission shall issue a final de-
cision approving or disapproving the issuance of a license
235 
to construct and operate a utilization facility not later than 
the expiration of 3 years after the date of the submission 
of such application, if the application references a Commis-
sion-certified design and an early site permit, unless the 
Commission determines that the applicant has proposed 
material and substantial changes to the design or the site 
design parameters.’’. 
(d) REPORT.—The Secretary shall transmit to the 
Congress not later than 120 days after the date of enactment 
of this Act a report containing detailed summaries of the 
roadmaps prepared under subsection (b)(1), descriptions of 
the Secretary’s progress in establishing the projects and 
other programs required under this section, and rec-
ommendations for promoting the availability of advanced 
nuclear reactor energy technologies for the production of hy-
drogen. 
(e) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of supporting research programs related to the de-
velopment of advanced nuclear reactor technologies under 
this section, there are authorized to be appropriated to the 
Secretary— 
(1) $65,000,000 for fiscal year 2006; 
(2) $74,750,000 for fiscal year 2007; 
(3) $85,962,500 for fiscal year 2008; 
(4) $98,856,875 for fiscal year 2009;
236 
(5) $113,685,406 for fiscal year 2010; 
(6) $130,738,217 for fiscal year 2011; 
(7) $150,348,950 for fiscal year 2012; 
(8) $172,901,292 for fiscal year 2013; 
(9) $198,836,486 for fiscal year 2014; and 
(10) $228,661,959 for fiscal year 2015. 
§ 652. Definitions 
For purposes of this subtitle— 
(1) the term ‘‘advanced nuclear reactor tech-
nologies’’ means— 
(A) technologies related to advanced light 
water reactors that may be commercially avail-
able in the near-term, including mid-sized reac-
tors with passive safety features, for the genera-
tion of electric power from nuclear fission and 
the production of hydrogen; and 
(B) technologies related to other nuclear re-
actors that may require prototype demonstration 
prior to availability in the mid-term or long- 
term, including high-temperature, gas-cooled re-
actors and liquid metal reactors, for the genera-
tion of electric power from nuclear fission and 
the production of hydrogen; 
(2) the term ‘‘institution of higher education’’ 
has the meaning given to that term in section 101(a)
237 
of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)); and 
(3) the term ‘‘Secretary’’ means the Secretary of 
Energy. 
Subtitle D—Nuclear Security 
§ 661. Nuclear facility threats 
(a) STUDY.—The President, in consultation with the 
Nuclear Regulatory Commission (referred to in this subtitle 
as the ‘‘Commission’’) and other appropriate Federal, 
State, and local agencies and private entities, shall conduct 
a study to identify the types of threats that pose an appre-
ciable risk to the security of the various classes of facilities 
licensed by the Commission under the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.). Such study shall take into 
account, but not be limited to— 
(1) the events of September 11, 2001; 
(2) an assessment of physical, cyber, biochemical, 
and other terrorist threats; 
(3) the potential for attack on facilities by mul-
tiple coordinated teams of a large number of individ-
uals; 
(4) the potential for assistance in an attack from 
several persons employed at the facility; 
(5) the potential for suicide attacks;
238 
(6) the potential for water-based and air-based 
threats; 
(7) the potential use of explosive devices of con-
siderable size and other modern weaponry; 
(8) the potential for attacks by persons with a 
sophisticated knowledge of facility operations; 
(9) the potential for fires, especially fires of long 
duration; 
(10) the potential for attacks on spent fuel ship-
ments by multiple coordinated teams of a large num-
ber of individuals; 
(11) the adequacy of planning to protect the pub-
lic health and safety at and around nuclear facilities, 
as appropriate, in the event of a terrorist attack 
against a nuclear facility; and 
(12) the potential for theft and diversion of nu-
clear materials from such facilities. 
(b) SUMMARY
AND CLASSIFICATION REPORT.—Not 
later than 180 days after the date of the enactment of this 
Act, the President shall transmit to Congress and the Com-
mission a report— 
(1) summarizing the types of threats identified 
under subsection (a); and
239 
(2) classifying each type of threat identified 
under subsection (a), in accordance with existing laws 
and regulations, as either— 
(A) involving attacks and destructive acts, 
including sabotage, directed against the facility 
by an enemy of the United States, whether a for-
eign government or other person, or otherwise 
falling under the responsibilities of the Federal 
Government; or 
(B) involving the type of risks that Com-
mission licensees should be responsible for guard-
ing against. 
(c) FEDERAL ACTION REPORT.—Not later than 90 
days after the date on which a report is transmitted under 
subsection (b), the President shall transmit to Congress a 
report on actions taken, or to be taken, to address the types 
of threats identified under subsection (b)(2)(A), including 
identification of the Federal, State, and local agencies re-
sponsible for carrying out the obligations and authorities 
of the United States. Such report may include a classified 
annex, as appropriate. 
(d) REGULATIONS.—Not later than 180 days after the 
date on which a report is transmitted under subsection (b), 
the Commission may revise, by rule, the design basis threats 
issued before the date of enactment of this section as the
240 
Commission considers appropriate based on the summary 
and classification report. 
(e) PHYSICAL SECURITY PROGRAM.—The Commission 
shall establish an operational safeguards response evalua-
tion program that ensures that the physical protection ca-
pability and operational safeguards response for sensitive 
nuclear facilities, as determined by the Commission con-
sistent with the protection of public health and the common 
defense and security, shall be tested periodically through 
Commission approved or designed, observed, and evaluated 
force-on-force exercises to determine whether the ability to 
defeat the design basis threat is being maintained. For pur-
poses of this subsection, the term ‘‘sensitive nuclear facili-
ties’’ includes at a minimum commercial nuclear power 
plants and category I fuel cycle facilities. 
(f) CONTROL OF INFORMATION.—Notwithstanding any 
other provision of law, the Commission may undertake any 
rulemaking under this subtitle in a manner that will fully 
protect safeguards and classified national security informa-
tion. 
(g) FEDERAL SECURITY COORDINATORS.— 
(1) REGIONAL
OFFICES.—Not later than 18 
months after the date of enactment of this Act, the 
Commission shall assign a Federal security coordi-
241 
nator, under the employment of the Commission, to 
each region of the Commission. 
(2) RESPONSIBILITIES.—The Federal security 
coordinator shall be responsible for— 
(A) communicating with the Commission 
and other Federal, State, and local authorities 
concerning threats, including threats against 
such classes of facilities as the Commission deter-
mines to be appropriate; 
(B) ensuring that such classes of facilities 
as the Commission determines to be appropriate 
maintain security consistent with the security 
plan in accordance with the appropriate threat 
level; and 
(C) assisting in the coordination of security 
measures among the private security forces at 
such classes of facilities as the Commission deter-
mines to be appropriate and Federal, State, and 
local authorities, as appropriate. 
(h) TRAINING PROGRAM.—The President shall estab-
lish a program to provide technical assistance and training 
to Federal agencies, the National Guard, and State and 
local law enforcement and emergency response agencies in 
responding to threats against a designated nuclear facility.
242 
§ 662. Fingerprinting for criminal history record 
checks 
(a) IN GENERAL.—Subsection a. of section 149 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2169(a)) is amend-
ed— 
(1) by striking ‘‘a. The Nuclear’’ and all that fol-
lows through ‘‘section 147.’’ and inserting the fol-
lowing: 
‘‘a. IN GENERAL.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Commission shall 
require each individual or entity— 
‘‘(i) that is licensed or certified to en-
gage in an activity subject to regulation by 
the Commission; 
‘‘(ii) that has filed an application for 
a license or certificate to engage in an ac-
tivity subject to regulation by the Commis-
sion; or 
‘‘(iii) that has notified the Commis-
sion, in writing, of an intent to file an ap-
plication for licensing, certification, permit-
ting, or approval of a product or activity 
subject to regulation by the Commission, 
to fingerprint each individual described in sub-
paragraph (B) before the individual is permitted
243 
unescorted access or access, whichever is applica-
ble, as described in subparagraph (B). 
‘‘(B) 
INDIVIDUALS
REQUIRED
TO
BE 
FINGERPRINTED.—The Commission shall require 
to be fingerprinted each individual who— 
‘‘(i) is permitted unescorted access to— 
‘‘(I) a utilization facility; or 
‘‘(II) radioactive material or other 
property subject to regulation by the 
Commission that the Commission de-
termines to be of such significance to 
the public health and safety or the 
common defense and security as to 
warrant 
fingerprinting 
and 
back-
ground checks; or 
‘‘(ii) is permitted access to safeguards 
information under section 147.’’; 
(2) by striking ‘‘All fingerprints obtained by a 
licensee or applicant as required in the preceding sen-
tence’’ and inserting the following: 
‘‘(2) SUBMISSION
TO
THE
ATTORNEY
GEN-
ERAL.—All fingerprints obtained by an individual or 
entity as required in paragraph (1)’’; 
(3) by striking ‘‘The costs of any identification 
and records check conducted pursuant to the pre-
244 
ceding sentence shall be paid by the licensee or appli-
cant.’’ and inserting the following: 
‘‘(3) COSTS.—The costs of any identification and 
records check conducted pursuant to paragraph (1) 
shall be paid by the individual or entity required to 
conduct the fingerprinting under paragraph (1)(A).’’; 
and 
(4) by striking ‘‘Notwithstanding any other pro-
vision of law, the Attorney General may provide all 
the results of the search to the Commission, and, in 
accordance with regulations prescribed under this sec-
tion, the Commission may provide such results to the 
licensee or applicant submitting such fingerprints.’’ 
and inserting the following: 
‘‘(4) PROVISION TO INDIVIDUAL OR ENTITY RE-
QUIRED
TO
CONDUCT
FINGERPRINTING.—Notwith-
standing any other provision of law, the Attorney 
General may provide all the results of the search to 
the Commission, and, in accordance with regulations 
prescribed under this section, the Commission may 
provide such results to the individual or entity re-
quired to conduct the fingerprinting under paragraph 
(1)(A).’’.
245 
(b) ADMINISTRATION.—Subsection c. of section 149 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2169(c)) is 
amended— 
(1) by striking ‘‘, subject to public notice and 
comment, regulations—’’ and inserting ‘‘require-
ments—’’; and 
(2) by striking, in paragraph (2)(B), ‘‘unescorted 
access to the facility of a licensee or applicant’’ and 
inserting ‘‘unescorted access to a utilization facility, 
radioactive material, or other property described in 
subsection a.(1)(B)’’. 
(c) BIOMETRIC METHODS.—Subsection d. of section 
149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169(d)) 
is redesignated as subsection e., and the following is inserted 
after subsection c.: 
‘‘d. USE OF OTHER BIOMETRIC METHODS.—The Com-
mission may satisfy any requirement for a person to con-
duct fingerprinting under this section using any other bio-
metric method for identification approved for use by the 
Attorney General, after the Commission has approved the 
alternative method by rule.’’.
246 
§ 663. Use of firearms by security personnel of licens-
ees and certificate holders of the Commis-
sion 
Section 161 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201) is amended by adding at the end the following 
subsection: 
‘‘(z)(1) notwithstanding section 922(o), (v), and 
(w) of title 18, United States Code, or any similar 
provision of any State law or any similar rule or reg-
ulation of a State or any political subdivision of a 
State prohibiting the transfer or possession of a hand-
gun, a rifle or shotgun, a short-barreled shotgun, a 
short-barreled rifle, a machinegun, a semiautomatic 
assault weapon, ammunition for the foregoing, or a 
large capacity ammunition feeding device, authorize 
security personnel of licensees and certificate holders 
of the Commission (including employees of contractors 
of licensees and certificate holders) to receive, possess, 
transport, import, and use 1 or more of those weap-
ons, ammunition, or devices, if the Commission deter-
mines that— 
‘‘(A) such authorization is necessary to the 
discharge of the security personnel’s official du-
ties; and 
‘‘(B) the security personnel—
247 
‘‘(i) are not otherwise prohibited from 
possessing or receiving a firearm under 
Federal or State laws pertaining to posses-
sion of firearms by certain categories of per-
sons; 
‘‘(ii) have successfully completed re-
quirements established through guidelines 
implementing this subsection for training 
in use of firearms and tactical maneuvers; 
‘‘(iii) are engaged in the protection 
of— 
‘‘(I) facilities owned or operated 
by a Commission licensee or certificate 
holder that are designated by the Com-
mission; or 
‘‘(II) radioactive material or other 
property owned or possessed by a per-
son that is a licensee or certificate 
holder of the Commission, or that is 
being transported to or from a facility 
owned or operated by such a licensee or 
certificate holder, and that has been de-
termined by the Commission to be of 
significance to the common defense and
248 
security or public health and safety; 
and 
‘‘(iv) are discharging their official du-
ties. 
‘‘(2) Such receipt, possession, transportation, im-
portation, or use shall be subject to— 
‘‘(A) chapter 44 of title 18, United States 
Code, except for section 922(a)(4), (o), (v), and 
(w); 
‘‘(B) chapter 53 of title 26, United States 
Code, except for section 5844; and 
‘‘(C) a background check by the Attorney 
General, based on fingerprints and including a 
check of the system established under section 
103(b) of the Brady Handgun Violence Preven-
tion Act (18 U.S.C. 922 note) to determine 
whether the person applying for the authority is 
prohibited from possessing or receiving a firearm 
under Federal or State law. 
‘‘(3) This subsection shall become effective upon 
the issuance of guidelines by the Commission, with 
the approval of the Attorney General, to govern the 
implementation of this subsection. 
‘‘(4) In this subsection, the terms ‘handgun’, 
‘rifle’, ‘shotgun’, ‘firearm’, ‘ammunition’, ‘machine-
249 
gun’, ‘semiautomatic assault weapon’, ‘large capacity 
ammunition feeding device’, ‘short-barreled shotgun’, 
and ‘short-barreled rifle’ shall have the meanings 
given those terms in section 921(a) of title 18, United 
States Code.’’. 
§ 664. Unauthorized introduction of dangerous weap-
ons 
Section 229 a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2278a(a)) is amended in the first sentence by insert-
ing ‘‘or subject to the licensing authority of the Commission 
or to certification by the Commission under this Act or any 
other Act’’ before the period at the end. 
§ 665. Sabotage of nuclear facilities or fuel 
(a) IN GENERAL.—Section 236 a. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2284(a)) is amended— 
(1) in paragraph (2), by striking ‘‘storage facil-
ity’’ and inserting ‘‘storage, treatment, or disposal fa-
cility’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘such a utilization facility’’ 
and inserting ‘‘a utilization facility licensed 
under this Act’’; and 
(B) by striking ‘‘or’’ at the end; 
(3) in paragraph (4)—
250 
(A) by striking ‘‘facility licensed’’ and in-
serting ‘‘, uranium conversion, or nuclear fuel 
fabrication facility licensed or certified’’; and 
(B) by striking the comma at the end and 
inserting a semicolon; and 
(4) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) any production, utilization, waste storage, 
waste treatment, waste disposal, uranium enrichment, 
uranium conversion, or nuclear fuel fabrication facil-
ity subject to licensing or certification under this Act 
during construction of the facility, if the destruction 
or damage caused or attempted to be caused could ad-
versely affect public health and safety during the op-
eration of the facility; 
‘‘(6) any primary facility or backup facility 
from which a radiological emergency preparedness 
alert and warning system is activated; or 
‘‘(7) any radioactive material or other property 
subject to regulation by the Nuclear Regulatory Com-
mission that, before the date of the offense, the Nuclear 
Regulatory Commission determines, by order or regu-
lation published in the Federal Register, is of signifi-
cance to the public health and safety or to common 
defense and security,’’.
251 
(b) PENALTIES.—Section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284) is amended by striking 
‘‘$10,000 or imprisoned for not more than 20 years, or both, 
and, if death results to any person, shall be imprisoned for 
any term of years or for life’’ both places it appears and 
inserting ‘‘$1,000,000 or imprisoned for up to life without 
parole’’. 
§ 666. Secure transfer of nuclear materials 
(a) AMENDMENT.—Chapter 14 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2201–2210b) is amended by adding 
at the end the following new section: 
‘‘SEC. 170C. SECURE TRANSFER OF NUCLEAR MATERIALS. 
‘‘a. The Nuclear Regulatory Commission shall establish 
a system to ensure that materials described in subsection 
b., when transferred or received in the United States by any 
party pursuant to an import or export license issued pursu-
ant to this Act, are accompanied by a manifest describing 
the type and amount of materials being transferred or re-
ceived. Each individual receiving or accompanying the 
transfer of such materials shall be subject to a security back-
ground check conducted by appropriate Federal entities. 
‘‘b. Except as otherwise provided by the Commission 
by regulation, the materials referred to in subsection a. are 
byproduct materials, source materials, special nuclear ma-
terials, high-level radioactive waste, spent nuclear fuel,
252 
transuranic waste, and low-level radioactive waste (as de-
fined in section 2(16) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(16))).’’. 
(b) REGULATIONS.—Not later than 1 year after the 
date of the enactment of this Act, and from time to time 
thereafter as it considers necessary, the Nuclear Regulatory 
Commission shall issue regulations identifying radioactive 
materials or classes of individuals that, consistent with the 
protection of public health and safety and the common de-
fense and security, are appropriate exceptions to the re-
quirements of section 170C of the Atomic Energy Act of 
1954, as added by subsection (a) of this section. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect upon the issuance of regulations 
under subsection (b), except that the background check re-
quirement shall become effective on a date established by 
the Commission. 
(d) EFFECT ON OTHER LAW.—Nothing in this section 
or the amendment made by this section shall waive, modify, 
or affect the application of chapter 51 of title 49, United 
States Code, part A of subtitle V of title 49, United States 
Code, part B of subtitle VI of title 49, United States Code, 
and title 23, United States Code.
253 
(e) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 14 of the Atomic Energy Act of 1954 
is amended by adding at the end the following new item: 
‘‘Sec. 170C. Secure transfer of nuclear materials.’’. 
§ 667. Department of Homeland Security consultation 
Before issuing a license for a utilization facility, the 
Nuclear Regulatory Commission shall consult with the De-
partment of Homeland Security concerning the potential 
vulnerabilities of the location of the proposed facility to ter-
rorist attack. 
§ 668. Authorization of appropriations 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this subtitle 
and the amendments made by this subtitle. 
(b) NUCLEAR REGULATORY COMMISSION USER FEES 
AND ANNUAL CHARGES.—Section 6101 of the Omnibus 
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Except as provided in 
paragraph (3), the’’ and inserting ‘‘The’’ in 
paragraph (1); and 
(B) by striking paragraph (3); and 
(2) in subsection (c)— 
(A) by striking ‘‘and’’ at the end of para-
graph (2)(A)(i);
254 
(B) by striking the period at the end of 
paragraph (2)(A)(ii) and inserting a semicolon; 
(C) by adding at the end of paragraph 
(2)(A) the following new clauses: 
‘‘(iii) amounts appropriated to the 
Commission for the fiscal year for imple-
mentation of section 3116 of the Ronald W. 
Reagan National Defense Authorization Act 
for Fiscal Year 2005; and 
‘‘(iv) amounts appropriated to the 
Commission for homeland security activities 
of the Commission for the fiscal year, except 
for the costs of fingerprinting and back-
ground checks required by section 149 of the 
Atomic Energy Act of 1954 (42 U.S.C. 
2169) and the costs of conducting security 
inspections.’’; and 
(D) by amending paragraph (2)(B)(v) to 
read as follows: 
‘‘(v) 90 percent for fiscal year 2005 
and each fiscal year thereafter.’’. 
(c) REPEAL.—Section 7601 of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (42 U.S.C. 2213) 
is repealed.
255 
TITLE VII—VEHICLES AND 
FUELS 
Subtitle A—Existing Programs 
§ 701. Use of alternative fuels by dual-fueled vehicles 
Section 400AA(a)(3)(E) of the Energy Policy and 
Conservation Act (42 U.S.C. 6374(a)(3)(E)) is amended to 
read as follows: 
‘‘(E)(i) Dual fueled vehicles acquired pursuant to this 
section shall be operated on alternative fuels unless the Sec-
retary determines that an agency qualifies for a waiver of 
such requirement for vehicles operated by the agency in a 
particular geographic area in which— 
‘‘(I) the alternative fuel otherwise required to be 
used in the vehicle is not reasonably available to re-
tail purchasers of the fuel, as certified to the Sec-
retary by the head of the agency; or 
‘‘(II) the cost of the alternative fuel otherwise re-
quired to be used in the vehicle is unreasonably more 
expensive compared to gasoline, as certified to the 
Secretary by the head of the agency. 
‘‘(ii) The Secretary shall monitor compliance with this 
subparagraph by all such fleets and shall report annually 
to Congress on the extent to which the requirements of this 
subparagraph are being achieved. The report shall include 
information on annual reductions achieved from the use of
256 
petroleum-based fuels and the problems, if any, encountered 
in acquiring alternative fuels.’’. 
§ 704. Incremental cost allocation 
Section 303(c) of the Energy Policy Act of 1992 (42 
U.S.C. 13212(c)) is amended by striking ‘‘may’’ and insert-
ing ‘‘shall’’. 
§ 705. Lease condensates 
(a) LEASE CONDENSATE FUELS.—Section 301 of the 
Energy Policy Act of 1992 (42 U.S.C. 13211) is amended— 
(1) in paragraph (2), by inserting ‘‘mixtures 
containing 50 percent or more by volume of lease con-
densate or fuels extracted from lease condensate;’’ 
after ‘‘liquefied petroleum gas;’’; 
(2) in paragraph (13), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (14)— 
(A) by inserting ‘‘mixtures containing 50 
percent or more by volume of lease condensate or 
fuels extracted from lease condensate,’’ after ‘‘liq-
uefied petroleum gas,’’; and 
(B) by striking the period and inserting ‘‘; 
and’’; 
(4) by adding at the end the following: 
‘‘(15) the term ‘lease condensate’ means a mix-
ture, primarily of pentanes and heavier hydrocarbons,
257 
that is recovered as a liquid from natural gas in lease 
separation facilities.’’. 
(b) LEASE CONDENSATE USE CREDITS.— 
(1) IN GENERAL.—Title III of the Energy Policy 
Act of 1992 (42 U.S.C. 13211 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 313. LEASE CONDENSATE USE CREDITS. 
‘‘(a) IN GENERAL.—Subject to subsection (d), the Sec-
retary shall allocate 1 credit under this section to a fleet 
or covered person for each qualifying volume of the lease 
condensate component of fuel containing at least 50 percent 
lease condensate, or fuels extracted from lease condensate, 
after the date of enactment of this section for use by the 
fleet or covered person in vehicles owned or operated by the 
fleet or covered person that weigh more than 8,500 pounds 
gross vehicle weight rating. 
‘‘(b) REQUIREMENTS.—A credit allocated under this 
section— 
‘‘(1) shall be subject to the same exceptions, au-
thority, documentation, and use of credits that are 
specified for qualifying volumes of biodiesel in section 
312; and 
‘‘(2) shall not be considered a credit under sec-
tion 508. 
‘‘(c) REGULATION.—
258 
‘‘(1) IN GENERAL.—Subject to subsection (d), not 
later than January 1, 2006, after the collection of ap-
propriate information and data that consider usage 
options, uses in other industries, products, or proc-
esses, potential volume capacities, costs, air emissions, 
and fuel efficiencies, the Secretary shall issue a regu-
lation establishing requirements and procedures for 
the implementation of this section. 
‘‘(2) QUALIFYING VOLUME.—The regulation shall 
include a determination of an appropriate qualifying 
volume for lease condensate, except that in no case 
shall the Secretary determine that the qualifying vol-
ume for lease condensate is less than 1,125 gallons. 
‘‘(d) APPLICABILITY.—This section applies unless the 
Secretary finds that the use of lease condensate as an alter-
native fuel would adversely affect public health or safety 
or ambient air quality or the environment.’’. 
(2) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents of the Energy Policy Act of 1992 (42 
U.S.C. prec. 13201) is amended by adding at the end 
of the items relating to title III the following: 
‘‘Sec. 313. Lease condensate use credits.’’. 
(c) EMERGENCY EXEMPTION.—Section 301 of the En-
ergy Policy Act of 1992 (42 U.S.C. 13211) is amended in 
paragraph (9)(E) by inserting before the semicolon at the 
end ‘‘, including vehicles directly used in the emergency re-
259 
pair of transmission lines and in the restoration of elec-
tricity service following power outages, as determined by 
the Secretary’’. 
§ 706. Review of Energy Policy Act of 1992 programs 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Secretary of Energy 
shall complete a study to determine the effect that titles III, 
IV, and V of the Energy Policy Act of 1992 (42 U.S.C. 
13211 et seq.) have had on— 
(1) the development of alternative fueled vehicle 
technology; 
(2) the availability of that technology in the 
market; and 
(3) the cost of alternative fueled vehicles. 
(b) TOPICS.—As part of the study under subsection 
(a), the Secretary shall specifically identify— 
(1) the number of alternative fueled vehicles ac-
quired by fleets or covered persons required to acquire 
alternative fueled vehicles; 
(2) the quantity, by type, of alternative fuel ac-
tually used in alternative fueled vehicles acquired by 
fleets or covered persons; 
(3) the quantity of petroleum displaced by the 
use of alternative fuels in alternative fueled vehicles 
acquired by fleets or covered persons;
260 
(4) the direct and indirect costs of compliance 
with requirements under titles III, IV, and V of the 
Energy Policy Act of 1992 (42 U.S.C. 13211 et seq.), 
including— 
(A) vehicle acquisition requirements im-
posed on fleets or covered persons; 
(B) administrative and recordkeeping ex-
penses; 
(C) fuel and fuel infrastructure costs; 
(D) associated training and employee ex-
penses; and 
(E) any other factors or expenses the Sec-
retary determines to be necessary to compile reli-
able estimates of the overall costs and benefits of 
complying with programs under those titles for 
fleets, covered persons, and the national economy; 
(5) the existence of obstacles preventing compli-
ance with vehicle acquisition requirements and in-
creased use of alternative fuel in alternative fueled ve-
hicles acquired by fleets or covered persons; and 
(6) the projected impact of amendments to the 
Energy Policy Act of 1992 made by this title. 
(c) REPORT.—Upon completion of the study under this 
section, the Secretary shall submit to Congress a report that 
describes the results of the study and includes any rec-
261 
ommendations of the Secretary for legislative or adminis-
trative changes concerning the alternative fueled vehicle re-
quirements under titles III, IV and V of the Energy Policy 
Act of 1992 (42 U.S.C. 13211 et seq.). 
§ 707. Report concerning compliance with alternative 
fueled vehicle purchasing requirements 
Section 310(b)(1) of the Energy Policy Act of 1992 (42 
U.S.C. 13218(b)(1)) is amended by striking ‘‘1 year after 
the date of enactment of this subsection’’ and inserting 
‘‘February 15, 2006’’. 
Subtitle B—Hybrid Vehicles, Advanced Vehicles, and 
Fuel Cell Buses 
PART 1—HYBRID VEHICLES 
§ 711. Hybrid vehicles 
The Secretary of Energy shall accelerate efforts di-
rected toward the improvement of batteries and other re-
chargeable energy storage systems, power electronics, hybrid 
systems integration, and other technologies for use in hybrid 
vehicles. 
§ 712. Hybrid retrofit and electric conversion program 
(a) ESTABLISHMENT.—The Administrator of the En-
vironmental Protection Agency, in consultation with the 
Secretary, shall establish a program for awarding grants 
on a competitive basis to entities for the installation of hy-
262 
brid retrofit and electric conversion technologies for combus-
tion engine vehicles. 
(b) ELIGIBLE RECIPIENTS.—A grant shall be awarded 
under this section only— 
(1) to a local or State governmental entity; 
(2) to a for-profit or nonprofit corporation or 
other person; or 
(3) to 1 or more contracting entities that service 
combustion engine vehicles for an entity described in 
paragraph (1) or (2). 
(c) AWARDS.— 
(1) IN GENERAL.—The Administrator shall seek, 
to the maximum extent practicable, to ensure a broad 
geographic distribution of grants under this section. 
(2) 
PREFERENCES.—In 
making 
awards 
of 
grants under this section, the Administrator shall give 
preference to proposals that— 
(A) will achieve the greatest reductions in 
emissions per proposal or per vehicle; or 
(B) involve the use of emissions control ret-
rofit or conversion technology. 
(d) CONDITIONS OF GRANT.—A grant shall be pro-
vided under this section on the conditions that—
263 
(1) combustion engine vehicles on which hybrid 
retrofit or conversion technology are to be dem-
onstrated— 
(A) with the retrofit or conversion tech-
nology applied will achieve low-emission stand-
ards consistent with the Voluntary National Low 
Emission Vehicle Program for Light-Duty Vehi-
cles and Light-Duty Trucks (40 CFR Part 86) 
without model year restrictions; and 
(B) will be used for a minimum of 3 years; 
(2) grant funds will be used for the purchase of 
hybrid retrofit or conversion technology, including 
State taxes and contract fees; and 
(3) grant recipients will provide at least 15 per-
cent of the total cost of the retrofit or conversion, in-
cluding the purchase of hybrid retrofit or conversion 
technology and all necessary labor for installation of 
the retrofit or conversion. 
(e) VERIFICATION.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall pub-
lish in the Federal Register procedures to verify— 
(1) the hybrid retrofit or conversion technology 
to be demonstrated; and 
(2) that grants are administered in accordance 
with this section.
264 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Administrator to carry 
out this section, to remain available until expended— 
(1) $20,000,000 for fiscal year 2005; 
(2) $35,000,000 for fiscal year 2006; 
(3) $45,000,000 for fiscal year 2007; and 
(4) such sums as are necessary for each of fiscal 
years 2008 and 2009. 
PART 2—ADVANCED VEHICLES 
§ 721. Definitions 
In this part: 
(1) ALTERNATIVE FUELED VEHICLE.— 
(A) IN
GENERAL.—The term ‘‘alternative 
fueled vehicle’’ means a vehicle propelled solely 
on an alternative fuel (as defined in section 301 
of the Energy Policy Act of 1992 (42 U.S.C. 
13211)). 
(B) EXCLUSION.—The term ‘‘alternative 
fueled vehicle’’ does not include a vehicle that the 
Secretary determines, by regulation, does not 
yield substantial environmental benefits over a 
vehicle operating solely on gasoline or diesel de-
rived from fossil fuels. 
(2) FUEL CELL VEHICLE.—The term ‘‘fuel cell 
vehicle’’ means a vehicle propelled by an electric
265 
motor powered by a fuel cell system that converts 
chemical energy into electricity by combining oxygen 
(from air) with hydrogen fuel that is stored on the ve-
hicle or is produced onboard by reformation of a hy-
drocarbon fuel. Such fuel cell system may or may not 
include the use of auxiliary energy storage systems to 
enhance vehicle performance. 
(3) HYBRID VEHICLE.—The term ‘‘hybrid vehi-
cle’’ means a medium or heavy duty vehicle propelled 
by an internal combustion engine or heat engine 
using any combustible fuel and an onboard recharge-
able energy storage device. 
(4) NEIGHBORHOOD
ELECTRIC
VEHICLE.—The 
term ‘‘neighborhood electric vehicle’’ means a motor 
vehicle that— 
(A) meets the definition of a low-speed vehi-
cle (as defined in part 571 of title 49, Code of 
Federal Regulations); 
(B) meets the definition of a zero-emission 
vehicle (as defined in section 86.1702–99 of title 
40, Code of Federal Regulations); 
(C) meets the requirements of Federal Motor 
Vehicle Safety Standard No. 500; and 
(D) has a maximum speed of not greater 
than 25 miles per hour.
266 
(5) PILOT PROGRAM.—The term ‘‘pilot program’’ 
means the competitive grant program established 
under section 722. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(7) ULTRA-LOW SULFUR DIESEL VEHICLE.—The 
term ‘‘ultra-low sulfur diesel vehicle’’ means a vehicle 
manufactured in any of model years 2004 through 
2006 powered by a heavy-duty diesel engine that— 
(A) is fueled by diesel fuel that contains sul-
fur at not more than 15 parts per million; and 
(B) emits not more than the lesser of— 
(i) for vehicles manufactured in model 
years 2004 through 2006, 2.5 grams per 
brake horsepower-hour of nonmethane hy-
drocarbons and oxides of nitrogen and .01 
grams per brake horsepower-hour of partic-
ulate matter; or 
(ii) the quantity of emissions of non-
methane hydrocarbons, oxides of nitrogen, 
and particulate matter of the best-per-
forming technology of ultra-low sulfur diesel 
vehicles of the same class and application 
that are commercially available.
267 
§ 722. Pilot program 
(a) ESTABLISHMENT.—The Secretary, in consultation 
with the Secretary of Transportation, shall establish a com-
petitive grant pilot program, to be administered through 
the Clean Cities Program of the Department of Energy, to 
provide not more than 15 geographically dispersed project 
grants to State governments, local governments, or metro-
politan transportation authorities to carry out a project or 
projects for the purposes described in subsection (b). 
(b) GRANT PURPOSES.—A grant under this section 
may be used for the following purposes: 
(1) The acquisition of alternative fueled vehicles 
or fuel cell vehicles, including— 
(A) passenger vehicles (including neighbor-
hood electric vehicles); and 
(B) motorized 2-wheel bicycles, scooters, or 
other vehicles for use by law enforcement per-
sonnel or other State or local government or met-
ropolitan transportation authority employees. 
(2) The acquisition of alternative fueled vehicles, 
hybrid vehicles, or fuel cell vehicles, including— 
(A) buses used for public transportation or 
transportation to and from schools; 
(B) delivery vehicles for goods or services; 
and
268 
(C) ground support vehicles at public air-
ports (including vehicles to carry baggage or 
push or pull airplanes toward or away from ter-
minal gates). 
(3) The acquisition of ultra-low sulfur diesel ve-
hicles. 
(4) Installation or acquisition of infrastructure 
necessary to directly support an alternative fueled ve-
hicle, fuel cell vehicle, or hybrid vehicle project funded 
by the grant, including fueling and other support 
equipment. 
(5) Operation and maintenance of vehicles, in-
frastructure, and equipment acquired as part of a 
project funded by the grant. 
(c) APPLICATIONS.— 
(1) REQUIREMENTS.— 
(A) IN GENERAL.—The Secretary shall issue 
requirements for applying for grants under the 
pilot program. 
(B) MINIMUM REQUIREMENTS.—At a min-
imum, the Secretary shall require that an appli-
cation for a grant— 
(i) be submitted by the head of a State 
or local government or a metropolitan 
transportation authority, or any combina-