II 
Calendar No. 124 
109TH CONGRESS 
1ST SESSION 
H. R. 6 
IN THE SENATE OF THE UNITED STATES 
APRIL 26, 2005 
Received 
JUNE 9, 2005 
Read twice and placed on the calendar 
AN ACT 
To ensure jobs for our future with secure, affordable, and 
reliable energy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Energy Policy Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs
HR 6 PCS 
Sec. 101. Energy and water saving measures in congressional buildings. 
Sec. 102. Energy management requirements. 
Sec. 103. Energy use measurement and accountability. 
Sec. 104. Procurement of energy efficient products. 
Sec. 105. Energy Savings Performance Contracts. 
Sec. 107. Voluntary commitments to reduce industrial energy intensity. 
Sec. 108. Advanced Building Efficiency Testbed. 
Sec. 109. Federal building performance standards. 
Sec. 111. Daylight savings. 
Sec. 112. Enhancing energy efficiency in management of Federal lands. 
Subtitle B—Energy Assistance and State Programs 
Sec. 121. Low Income Home Energy Assistance Program. 
Sec. 122. Weatherization assistance. 
Sec. 123. State energy programs. 
Sec. 124. Energy efficient appliance rebate programs. 
Sec. 125. Energy efficient public buildings. 
Sec. 126. Low income community energy efficiency pilot program. 
Subtitle C—Energy Efficient Products 
Sec. 131. Energy Star Program. 
Sec. 132. HVAC maintenance consumer education program. 
Sec. 133. Energy conservation standards for additional products. 
Sec. 134. Energy labeling. 
Sec. 135. Preemption. 
Sec. 136. State consumer product energy efficiency standards. 
Sec. 137. Intermittent escalators. 
Subtitle D—Public Housing 
Sec. 141. Capacity building for energy-efficient, affordable housing. 
Sec. 142. Increase of CDBG public services cap for energy conservation and ef-
ficiency activities. 
Sec. 143. FHA mortgage insurance incentives for energy efficient housing. 
Sec. 144. Public housing capital fund. 
Sec. 145. Grants for energy-conserving improvements for assisted housing. 
Sec. 147. Energy-efficient appliances. 
Sec. 148. Energy efficiency standards. 
Sec. 149. Energy strategy for HUD. 
TITLE II—RENEWABLE ENERGY 
Subtitle A—General Provisions 
Sec. 201. Assessment of renewable energy resources. 
Sec. 202. Renewable energy production incentive. 
Sec. 203. Federal purchase requirement. 
Sec. 204. Insular areas energy security. 
Sec. 205. Use of photovoltaic energy in public buildings. 
Sec. 206. Biobased products. 
Sec. 207. Renewable energy security. 
Sec. 208. Installation of photovoltaic system. 
Sec. 209. Sugar cane ethanol pilot program. 
Subtitle C—Hydroelectric
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PART I—ALTERNATIVE CONDITIONS 
Sec. 231. Alternative conditions and fishways. 
PART II—ADDITIONAL HYDROPOWER 
Sec. 241. Hydroelectric production incentives. 
Sec. 242. Hydroelectric efficiency improvement. 
Sec. 243. Small hydroelectric power projects. 
TITLE III—OIL AND GAS—COMMERCE 
Subtitle A—Petroleum Reserve and Home Heating Oil 
Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and 
other energy programs. 
Sec. 302. National Oilheat Research Alliance. 
Sec. 303. Site selection. 
Sec. 304. Suspension of Strategic Petroleum Reserve deliveries. 
Subtitle B—Production Incentives 
Sec. 320. Liquefaction or gasification natural gas terminals. 
Sec. 327. Hydraulic fracturing. 
Sec. 328. Oil and gas exploration and production defined. 
Sec. 329. Outer Continental Shelf provisions. 
Sec. 330. Appeals relating to pipeline construction or offshore mineral develop-
ment projects. 
Sec. 332. Natural gas market reform. 
Sec. 333. Natural gas market transparency. 
Sec. 334. Oil, gas, and mineral industry workers. 
Subtitle C—Access to Federal Land 
Sec. 344. Consultation regarding oil and gas leasing on public land. 
Sec. 346. Compliance with Executive Order No. 13211; actions concerning reg-
ulations that significantly affect energy supply, distribution, or 
use. 
Sec. 355. Encouraging Great Lakes oil and gas drilling ban. 
Sec. 358. Federal coalbed methane regulation. 
Subtitle D—Refining Revitalization 
Sec. 371. Short title. 
Sec. 372. Findings. 
Sec. 373. Purpose. 
Sec. 374. Designation of Refinery Revitalization Zones. 
Sec. 375. Memorandum of understanding. 
Sec. 376. State environmental permitting assistance. 
Sec. 377. Coordination and expeditious review of permitting process. 
Sec. 378. Compliance with all environmental regulations required. 
Sec. 379. Definitions. 
TITLE IV—COAL 
Subtitle A—Clean Coal Power Initiative 
Sec. 401. Authorization of appropriations. 
Sec. 402. Project criteria.
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Sec. 403. Report. 
Sec. 404. Clean Coal Centers of Excellence. 
Subtitle B—Clean Power Projects 
Sec. 411. Coal technology loan. 
Sec. 412. Coal gasification. 
Sec. 414. Petroleum coke gasification. 
Sec. 416. Electron scrubbing demonstration. 
Subtitle D—Coal and Related Programs 
Sec. 441. Clean air coal program. 
TITLE V—INDIAN ENERGY 
Sec. 501. Short title. 
Sec. 502. Office of Indian Energy Policy and Programs. 
Sec. 503. Indian energy. 
Sec. 504. Consultation with Indian tribes. 
Sec. 505. Four Corners transmission line project. 
TITLE VI—NUCLEAR MATTERS 
Subtitle A—Price-Anderson Act Amendments 
Sec. 601. Short title. 
Sec. 602. Extension of indemnification authority. 
Sec. 603. Maximum assessment. 
Sec. 604. Department of Energy liability limit. 
Sec. 605. Incidents outside the United States. 
Sec. 606. Reports. 
Sec. 607. Inflation adjustment. 
Sec. 608. Treatment of modular reactors. 
Sec. 609. Applicability. 
Sec. 610. Prohibition on assumption by United States Government of liability 
for certain foreign incidents. 
Sec. 611. Civil penalties. 
Sec. 612. Financial accountability. 
Subtitle B—General Nuclear Matters 
Sec. 621. Licenses. 
Sec. 622. NRC training program. 
Sec. 623. Cost recovery from government agencies. 
Sec. 624. Elimination of pension offset. 
Sec. 625. Antitrust review. 
Sec. 626. Decommissioning. 
Sec. 627. Limitation on legal fee reimbursement. 
Sec. 629. Report on feasibility of developing commercial nuclear energy genera-
tion facilities at existing Department of Energy sites. 
Sec. 630. Uranium sales. 
Sec. 631. Cooperative research and development and special demonstration 
projects for the uranium mining industry. 
Sec. 632. Whistleblower protection. 
Sec. 633. Medical isotope production. 
Sec. 634. Fernald byproduct material. 
Sec. 635. Safe disposal of greater-than-class c radioactive waste.
HR 6 PCS 
Sec. 636. Prohibition on nuclear exports to countries that sponsor terrorism. 
Sec. 638. National uranium stockpile. 
Sec. 639. Nuclear Regulatory Commission meetings. 
Sec. 640. Employee benefits. 
Subtitle C—Additional Hydrogen Production Provisions 
Sec. 651. Hydrogen production programs. 
Sec. 652. Definitions. 
Subtitle D—Nuclear Security 
Sec. 661. Nuclear facility threats. 
Sec. 662. Fingerprinting for criminal history record checks. 
Sec. 663. Use of firearms by security personnel of licensees and certificate hold-
ers of the Commission. 
Sec. 664. Unauthorized introduction of dangerous weapons. 
Sec. 665. Sabotage of nuclear facilities or fuel. 
Sec. 666. Secure transfer of nuclear materials. 
Sec. 667. Department of Homeland Security consultation. 
Sec. 668. Authorization of appropriations. 
TITLE VII—VEHICLES AND FUELS 
Subtitle A—Existing Programs 
Sec. 701. Use of alternative fuels by dual-fueled vehicles. 
Sec. 704. Incremental cost allocation. 
Sec. 705. Lease condensates. 
Sec. 706. Review of Energy Policy Act of 1992 programs. 
Sec. 707. Report concerning compliance with alternative fueled vehicle pur-
chasing requirements. 
Subtitle B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses 
PART 1—HYBRID VEHICLES 
Sec. 711. Hybrid vehicles. 
Sec. 712. Hybrid retrofit and electric conversion program. 
Sec. 713. Efficient hybrid and advanced diesel vehicles. 
PART 2—ADVANCED VEHICLES 
Sec. 721. Definitions. 
Sec. 722. Pilot program. 
Sec. 723. Reports to Congress. 
Sec. 724. Authorization of appropriations. 
PART 3—FUEL CELL BUSES 
Sec. 731. Fuel cell transit bus demonstration. 
Subtitle C—Clean School Buses 
Sec. 741. Definitions. 
Sec. 742. Program for replacement of certain school buses with clean school 
buses. 
Sec. 743. Diesel retrofit program. 
Sec. 743A. Diesel truck retrofit and fleet modernization program.
HR 6 PCS 
Sec. 744. Fuel cell school buses. 
Subtitle D—Miscellaneous 
Sec. 751. Railroad efficiency. 
Sec. 752. Mobile emission reductions trading and crediting. 
Sec. 753. Aviation fuel conservation and emissions. 
Sec. 754. Diesel fueled vehicles. 
Sec. 755. Conserve by bicycling program. 
Sec. 756. Reduction of engine idling of heavy-duty vehicles. 
Sec. 757. Biodiesel engine testing program. 
Sec. 758. High occupancy vehicle exception. 
Sec. 759. Ultra-efficient engine technology for aircraft. 
Subtitle E—Automobile Efficiency 
Sec. 771. Authorization of appropriations for implementation and enforcement 
of fuel economy standards. 
Sec. 772. Revised considerations for decisions on maximum feasible average 
fuel economy. 
Sec. 773. Extension of maximum fuel economy increase for alternative fueled 
vehicles. 
Sec. 774. Study of feasibility and effects of reducing use of fuel for auto-
mobiles. 
Sec. 775. Update testing procedures. 
TITLE VIII—HYDROGEN 
Sec. 801. Definitions. 
Sec. 802. Plan. 
Sec. 803. Programs. 
Sec. 804. Interagency task force. 
Sec. 805. Advisory Committee. 
Sec. 806. External review. 
Sec. 807. Miscellaneous provisions. 
Sec. 808. Savings clause. 
Sec. 809. Authorization of appropriations. 
Sec. 810. Solar and wind technologies. 
Sec. 811. Hydrogen fuel cell buses. 
TITLE IX—RESEARCH AND DEVELOPMENT 
Sec. 900. Short title; definitions. 
Subtitle A—Science Programs 
Sec. 901. Office of Science programs. 
Sec. 902. Systems biology program. 
Sec. 903. Catalysis Research and Development Program. 
Sec. 904. Hydrogen. 
Sec. 905. Advanced scientific computing research. 
Sec. 906.
Fusion Energy Sciences program. 
Sec. 907. Science and Technology Scholarship Program. 
Sec. 908. Office of Scientific and Technical Information. 
Sec. 909. Science and engineering pilot program. 
Sec. 910. Authorization of appropriations. 
Subtitle B—Research Administration and Operations
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Sec. 911. Cost Sharing. 
Sec. 912. Reprogramming. 
Sec. 913. Merit-based competition. 
Sec. 914. External technical review of departmental programs. 
Sec. 915. Competitive award of management contracts. 
Sec. 916. National Laboratory designation. 
Sec. 917. Report on equal employment opportunity practices. 
Sec. 918. User facility best practices plan. 
Sec. 919. Support for science and energy infrastructure and facilities. 
Sec. 920. Coordination plan. 
Sec. 921. Availability of funds. 
Subtitle C—Energy Efficiency 
CHAPTER 1—VEHICLES, BUILDINGS, AND INDUSTRIES 
Sec. 922. Programs. 
Sec. 923. Vehicles. 
Sec. 924. Buildings. 
Sec. 925. Industries. 
Sec. 926. Demonstration and commercial application. 
Sec. 927. Secondary electric vehicle battery use program. 
Sec. 928. Next generation lighting initiative. 
Sec. 929. Definitions. 
Sec. 930. Authorization of appropriations. 
Sec. 931. Limitation on use of funds. 
CHAPTER 2—DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS 
Sec. 932. Distributed energy. 
Sec. 933. Electricity transmission and distribution and energy assurance. 
Sec. 933A. Advanced portable power devices. 
Sec. 934. Authorization of appropriations. 
Subtitle D—Renewable energy 
Sec. 935. Findings. 
Sec. 936. Definitions. 
Sec. 937. Programs. 
Sec. 938. Solar. 
Sec. 939. Bioenergy programs. 
Sec. 940. Wind. 
Sec. 941. Geothermal. 
Sec. 942. Photovoltaic demonstration program. 
Sec. 943. Additional programs. 
Sec. 944. Analysis and evaluation. 
Sec. 945. Authorization of appropriations. 
Subtitle E—Nuclear Energy Programs 
Sec. 946. Definition. 
Sec. 947. Programs. 
CHAPTER 1—NUCLEAR ENERGY RESEARCH PROGRAMS 
Sec. 948. Advanced fuel recycling program. 
Sec. 949. University nuclear science and engineering support. 
Sec. 950. University-National Laboratory interactions.
HR 6 PCS 
Sec. 951. Nuclear Power 2010 Program. 
Sec. 952. Generation IV Nuclear Energy Systems Initiative. 
Sec. 953. Civilian infrastructure and facilities. 
Sec. 954. Nuclear energy research and development infrastructure plan. 
Sec. 955. Idaho National Laboratory facilities plan. 
Sec. 956. Authorization of appropriations. 
CHAPTER 2—NEXT GENERATION NUCLEAR PLANT PROGRAM 
Sec. 957. Definitions. 
Sec. 958. Next generation nuclear power plant. 
Sec. 959. Advisory committee. 
Sec. 960. Program requirements. 
Sec. 961. Authorization of appropriations. 
Subtitle F—Fossil Energy 
CHAPTER 1—RESEARCH PROGRAMS 
Sec. 962. Enhanced fossil energy research and development programs. 
Sec. 963. Fossil research and development. 
Sec. 964. Oil and gas research and development. 
Sec. 965. Transportation fuels. 
Sec. 966. Fuel cells. 
Sec. 967. Carbon dioxide capture research and development. 
Sec. 968. Authorization of appropriations. 
Sec. 968A. Western michigan demonstration project. 
Sec. 968B. Western hemisphere energy cooperation. 
Sec. 968C. Arctic engineering research center. 
Sec. 968D. Barrow geophysical research facility. 
CHAPTER 2—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND 
OTHER PETROLEUM RESOURCES 
Sec. 969. Program authority. 
Sec. 970. Ultra-deepwater and unconventional onshore natural gas and other 
petroleum research and development program. 
Sec. 971. Additional requirements for awards. 
Sec. 972. Advisory committees. 
Sec. 973. Limits on participation. 
Sec. 974. Sunset. 
Sec. 975. Definitions. 
Sec. 976. Funding. 
TITLE X—DEPARTMENT OF ENERGY MANAGEMENT 
Sec. 1002. Other transactions authority. 
Sec. 1003. University collaboration. 
Sec. 1004. Sense of Congress. 
TITLE XII—ELECTRICITY 
Sec. 1201. Short title. 
Subtitle A—Reliability Standards 
Sec. 1211. Electric reliability standards.
HR 6 PCS 
Subtitle B—Transmission Infrastructure Modernization 
Sec. 1221. Siting of interstate electric transmission facilities. 
Sec. 1222. Third-party finance. 
Sec. 1223. Transmission system monitoring. 
Sec. 1224. Advanced transmission technologies. 
Sec. 1225. Electric transmission and distribution programs. 
Sec. 1226. Advanced Power System Technology Incentive Program. 
Sec. 1227. Office of Electric Transmission and Distribution. 
Subtitle C—Transmission Operation Improvements 
Sec. 1231. Open nondiscriminatory access. 
Sec. 1232. Sense of Congress on Regional Transmission Organizations. 
Sec. 1233. Regional Transmission Organization applications progress report. 
Sec. 1234. Federal utility participation in Regional Transmission Organiza-
tions. 
Sec. 1235. Standard market design. 
Sec. 1236. Native load service obligation. 
Sec. 1237. Study on the benefits of economic dispatch. 
Subtitle D—Transmission Rate Reform 
Sec. 1241. Transmission infrastructure investment. 
Subtitle E—Amendments to PURPA 
Sec. 1251. Net metering and additional standards. 
Sec. 1252. Smart metering. 
Sec. 1253. Cogeneration and small power production purchase and sale require-
ments. 
Sec. 1254. Interconnection. 
Subtitle F—Repeal of PUHCA 
Sec. 1261. Short title. 
Sec. 1262. Definitions. 
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935. 
Sec. 1264. Federal access to books and records. 
Sec. 1265. State access to books and records. 
Sec. 1266. Exemption authority. 
Sec. 1267. Affiliate transactions. 
Sec. 1268. Applicability. 
Sec. 1269. Effect on other regulations. 
Sec. 1270. Enforcement. 
Sec. 1271. Savings provisions. 
Sec. 1272. Implementation. 
Sec. 1273. Transfer of resources. 
Sec. 1274. Effective date. 
Sec. 1275. Service allocation. 
Sec. 1276. Authorization of appropriations. 
Sec. 1277. Conforming amendments to the Federal Power Act. 
Subtitle G—Market Transparency, Enforcement, and Consumer Protection 
Sec. 1281. Market transparency rules. 
Sec. 1282. Market manipulation. 
Sec. 1283. Enforcement.
HR 6 PCS 
Sec. 1284. Refund effective date. 
Sec. 1285. Refund authority. 
Sec. 1286. Sanctity of contract. 
Sec. 1287. Consumer privacy and unfair trade practices. 
Subtitle H—Merger Reform 
Sec. 1291. Merger review reform and accountability. 
Sec. 1292. Electric utility mergers. 
Subtitle I—Definitions 
Sec. 1295. Definitions. 
Subtitle J—Technical and Conforming Amendments 
Sec. 1297. Conforming amendments. 
Subtitle K—Economic Dispatch 
Sec. 1298. Economic dispatch. 
TITLE XIII—ENERGY TAX INCENTIVES 
Sec. 1300. Short title; etc. 
Subtitle A—Energy Infrastructure Tax Incentives 
Sec. 1301. Natural gas gathering lines treated as 7-year property. 
Sec. 1302. Natural gas distribution lines treated as 15-year property. 
Sec. 1303. Electric transmission property treated as 15-year property. 
Sec. 1304. Expansion of amortization for certain atmospheric pollution control 
facilities in connection with plants first placed in service after 
1975. 
Sec. 1305. Modification of credit for producing fuel from a nonconventional 
source. 
Sec. 1306. Modifications to special rules for nuclear decommissioning costs. 
Sec. 1307. Arbitrage rules not to apply to prepayments for natural gas. 
Sec. 1308. Determination of small refiner exception to oil depletion deduction. 
Subtitle B—Miscellaneous Energy Tax Incentives 
Sec. 1311. Credit for residential energy efficient property. 
Sec. 1312. Credit for business installation of qualified fuel cells. 
Sec. 1313. Reduced motor fuel excise tax on certain mixtures of diesel fuel. 
Sec. 1314. Amortization of delay rental payments. 
Sec. 1315. Amortization of geological and geophysical expenditures. 
Sec. 1316. Advanced lean burn technology motor vehicle credit. 
Sec. 1317. Credit for energy efficiency improvements to existing homes. 
Subtitle C—Alternative minimum tax relief 
Sec. 1321. New nonrefundable personal credits allowed against regular and 
minimum taxes. 
Sec. 1322. Certain business energy credits allowed against regular and min-
imum taxes. 
TITLE XIV—MISCELLANEOUS
HR 6 PCS 
Subtitle C—Other Provisions 
Sec. 1441. Continuation of transmission security order. 
Sec. 1442. Review of agency determinations. 
Sec. 1443. Attainment dates for downwind ozone nonattainment areas. 
Sec. 1444. Energy production incentives. 
Sec. 1446. Regulation of certain oil used in transformers. 
Sec. 1447. Risk assessments. 
Sec. 1448. Oxygen-fuel. 
Sec. 1449. Petrochemical and oil refinery facility health assessment. 
Sec. 1450. United States-Israel cooperation. 
Sec. 1451. Carbon-based fuel cell development. 
Sec. 1452. National priority project designation. 
TITLE XV—ETHANOL AND MOTOR FUELS 
Subtitle A—General Provisions 
Sec. 1501. Renewable content of motor vehicle fuel. 
Sec. 1502. Fuels safe harbor. 
Sec. 1503. Findings and MTBE transition assistance. 
Sec. 1504. Use of MTBE. 
Sec. 1505. National Academy of Sciences review and presidential determina-
tion. 
Sec. 1506. Elimination of oxygen content requirement for reformulated gaso-
line. 
Sec. 1507. Analyses of motor vehicle fuel changes. 
Sec. 1508. Data collection. 
Sec. 1509. Reducing the proliferation of State fuel controls. 
Sec. 1510. Fuel system requirements harmonization study. 
Sec. 1511. Commercial byproducts from municipal solid waste and cellulosic 
biomass loan guarantee program. 
Sec. 1512. Conversion assitance for cellulosic biomass, waste-derived ethanol, 
approved renewable fuels. 
Sec. 1513. Blending of compliant reformulated gasolines. 
Subtitle B—Underground Storage Tank Compliance 
Sec. 1521. Short title. 
Sec. 1522. Leaking underground storage tanks. 
Sec. 1523. Inspection of underground storage tanks. 
Sec. 1524. Operator training. 
Sec. 1525. Remediation from oxygenated fuel additives. 
Sec. 1526. Release prevention, compliance, and enforcement. 
Sec. 1527. Delivery prohibition. 
Sec. 1528. Federal facilities. 
Sec. 1529. Tanks on Tribal lands. 
Sec. 1530. Additional measures to protect groundwater. 
Sec. 1531. Authorization of appropriations. 
Sec. 1532. Conforming amendments. 
Sec. 1533. Technical amendments. 
Subtitle C—Boutique Fuels 
Sec. 1541. Reducing the proliferation of boutique fuels. 
TITLE XVI—STUDIES