I 
108TH CONGRESS 
1ST SESSION 
H. R. 238
To provide for Federal energy research, development, demonstration, and 
commercial application activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2003
Mr. BOEHLERT (for himself and Mr. HALL) introduced the following bill; 
which was referred to the Committee on Science, and in addition to the 
Committee on Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide for Federal energy research, development, dem-
onstration, and commercial application activities, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Research, De-
velopment, Demonstration, and Commercial Application 
Act of 2003’’.
TITLE I—RESEARCH AND 
DEVELOPMENT 
SEC. 101. PURPOSES. 
The purposes of this title are to—
(1) contribute to a national energy strategy 
through an energy research and development pro-
gram that supports basic energy research and pro-
vides mechanisms to develop, demonstrate, and pro-
mote the commercial application of new energy tech-
nologies in partnership with industry; 
(2) protect and strengthen the Nation’s econ-
omy, standard of living, and national security by re-
ducing dependence on imported energy; 
(3) meet future needs for energy services at the 
lowest total cost to the Nation, giving balanced and 
comprehensive consideration to technologies that im-
prove the efficiency of energy end uses and that en-
hance energy supply; 
(4) reduce the environmental impacts of energy 
production, distribution, transportation, and use; 
(5) help increase domestic production of energy, 
increase the availability of hydrocarbon reserves, and 
lower energy prices; and
(6) stimulate economic growth and enhance the 
ability of United States companies to compete in fu-
ture markets for advanced energy technologies. 
SEC. 102. GOALS. 
(a) IN GENERAL.—In order to achieve the purposes 
of this title, the Secretary shall conduct a balanced set 
of programs of energy research, development, demonstra-
tion, and commercial application, guided by the following 
goals: 
(1) ENERGY EFFICIENCY.—
(A) BUILDINGS.—Develop, in partnership 
with industry, technologies, designs, and pro-
duction methods that will enable an average 25 
percent increase by 2010 in the energy effi-
ciency of all new buildings, as compared to a 
new building in 1996. 
(B) INDUSTRY.—Develop, in partnership 
with industry, technologies, designs, and pro-
duction methods that will enable the energy in-
tensity of the major energy-consuming indus-
tries to improve by at least 25 percent by 2010 
as compared to 1991. 
(C) VEHICLES.—Develop, in partnership 
with industry, technologies that will enable—
(i) by 2010, mid-sized passenger auto-
mobiles with a fuel economy of 80 miles 
per gallon; 
(ii) by 2010, light trucks (classes 1 
and 2a) with a fuel economy of 60 miles 
per gallon; 
(iii) by 2010, medium trucks and 
buses (classes 2b through 6 and class 8 
transit buses) with a fuel economy, in ton-
miles per gallon for trucks and passenger 
miles per gallon for buses, that is 3 times 
that of year 2000 equivalent vehicles; 
(iv) by 2010, heavy trucks (classes 7 
and 8) with a fuel economy, in ton-miles 
per gallon, that is 2 times that of year 
2000 equivalent vehicles; and 
(v) by 2015, mid-sized fuel cell pow-
ered passenger vehicles with a gasoline 
equivalent fuel economy of 110 miles per 
gallon. 
(2) DISTRIBUTED ENERGY AND ELECTRIC EN-
ERGY SYSTEMS.—
(A) DISTRIBUTED GENERATION.—Develop, 
in partnership with industry, technologies based 
on natural gas that achieve electricity gener-
ating efficiencies greater than 40 percent by 
2015 for on-site, or distributed, generation 
technologies. 
(B) ELECTRIC
ENERGY
SYSTEMS
AND 
STORAGE.—Develop, in partnership with indus-
try—
(i) technologies for generators and 
transmission, distribution, and storage sys-
tems that combine high capacity with high 
efficiency (particularly for electric trans-
mission facilities in rural and remote 
areas); 
(ii) new transmission and distribution 
technologies, including flexible alternating 
current transmission systems, composite 
conductor materials, advanced protection 
devices, and controllers; 
(iii) technologies for interconnection 
of distributed energy resources with elec-
tric power systems; 
(iv) high-temperature superconducting 
materials for power delivery equipment 
such as transmission and distribution ca-
bles, transformers, and generators; and
mal storage and power cycles to accommodate 
peak loads and reduce lifecycle costs. 
(D) GEOTHERMAL ENERGY.—Develop, in 
partnership with industry, technologies and 
processes based on advanced hydrothermal sys-
tems and advanced heat and power systems, in-
cluding geothermal or ground source heat pump 
technology, with a specific focus on—
(i) improving exploration and charac-
terization technology to increase the prob-
ability of drilling successful wells from 20 
percent to 40 percent by 2006; 
(ii) reducing the cost of drilling by 
2008 to an average cost of $150 per foot; 
and 
(iii) developing enhanced geothermal 
systems technology with the potential to 
double the usable geothermal resource 
base, as compared to the date of enact-
ment of this Act. 
(E) HYDROGEN.—Carry out the Spark M. 
Matsunaga Hydrogen Research, Development, 
and Demonstration Act of 1990 and title II of 
the Hydrogen Future Act of 1996, as amended 
by this Act.
(F) BIOMASS-BASED
POWER
SYSTEMS.—
Develop, in partnership with industry, inte-
grated power generating systems, advanced con-
version, and feedstock technologies capable of 
producing electric power that is cost-competitive 
with fossil-fuel generated electricity by 2010, 
through co-production of fuels, chemicals, and 
other products under subparagraph (G). 
(G) BIOFUELS.—Develop, in partnership 
with industry, new and emerging technologies 
and biotechnology processes capable of mak-
ing—
(i) gaseous and liquid biofuels that 
are price-competitive, by 2010, with gaso-
line or diesel in either internal combustion 
engines or fuel cells; and 
(ii) biofuels, biobased polymers, and 
chemicals, including those derived from 
lignocellulosic feedstock, with particular 
emphasis on developing biorefineries that 
use enzyme-based processing systems. 
(H) HYDROPOWER.—Develop, in partner-
ship with industry, a new generation of turbine 
technologies that will increase generating capac-
ity and be less damaging to fish and aquatic 
ecosystems. 
(4) FOSSIL ENERGY.— 
(A) POWER
GENERATION.—Develop, in 
partnership with industry, technologies, includ-
ing precombustion technologies, by 2015 with 
the capability of realizing—
(i) electricity generating efficiencies of 
75 percent (lower heating value) for nat-
ural gas; and 
(ii) widespread commercial application 
of combined heat and power with thermal 
efficiencies of more than 85 percent (high-
er heating value). 
(B) 
OFFSHORE
OIL
AND
GAS
RE-
SOURCES.—Develop, in partnership with indus-
try, technologies to—
(i) extract methane hydrates in coast-
al waters of the United States; and 
(ii) develop natural gas and oil re-
serves in the ultra-deepwater of the Cen-
tral and Western Gulf of Mexico, with a 
focus on improving, while lowering costs 
and reducing environmental impacts, the 
safety and efficiency of—
(I) the recovery of ultra-deep-
water resources; and 
(II) sub-sea production tech-
nology used for such recovery. 
(C) ONSHORE OIL AND GAS RESOURCES.—
Advance the science and technology available to 
domestic onshore petroleum producers, particu-
larly independent producers of oil or gas, 
through—
(i) advances in technology for explo-
ration and production of domestic petro-
leum resources, particularly those not ac-
cessible with current technology; 
(ii) improvement in the ability to ex-
tract hydrocarbons (including heavy oil) 
from known reservoirs and classes of res-
ervoirs; and 
(iii) development of technologies and 
practices that reduce the impact on the en-
vironment from petroleum exploration and 
production. 
(D) TRANSPORTATION
FUELS.—Increase 
the availability of transportation fuels by focus-
ing research on—
(i) reducing the cost of producing 
transportation fuels from coal and natural 
gas; and 
(ii) indirect liquefaction of coal and 
biomass. 
(5) NUCLEAR ENERGY.—
(A) EXISTING
REACTORS.—Support re-
search to extend the lifetimes of existing United 
States nuclear power reactors, and increase 
their reliability while optimizing their current 
operations for greater efficiencies. 
(B) ADVANCED
REACTORS.—Develop, in 
partnership with industry—
(i) advanced, efficient, lower cost, and 
passively safe reactor designs; 
(ii) proliferation-resistant and high-
burn-up nuclear fuels; and 
(iii) technologies to minimize genera-
tion of radioactive materials and improve 
the management of nuclear waste. 
(C) NUCLEAR
SCIENTISTS
AND
ENGI-
NEERS.—Attract new students and faculty to 
the nuclear sciences, nuclear engineering, and 
related fields (including health physics, nuclear
medicine, 
nuclear 
chemistry, 
and 
radiochemistry). 
(b) REVIEW AND ASSESSMENT OF GOALS.—
(1) EVALUATION
AND
MODIFICATION.—Based 
on amounts appropriated and developments in 
science and technology, the Secretary shall evaluate 
the goals set forth in subsection (a) at least once 
every 5 years, and shall report to the Congress any 
proposed modifications to the goals. 
(2) CONSULTATION.—In evaluating and pro-
posing modifications to the goals as provided in 
paragraph (1), the Secretary shall solicit public 
input. 
(3) PUBLIC COMMENT.—(A) After consultation 
under paragraph (2), the Secretary shall publish in 
the Federal Register a set of draft modifications to 
the goals for public comment. 
(B) Not later than 60 days after the date of 
publication of draft modifications under subpara-
graph (A), and after consideration of any public 
comments received, the Secretary shall publish the 
final modifications, including a summary of the pub-
lic comments received, in the Federal Register. 
(4) EFFECTIVE
DATE.—No modification to 
goals under this section shall take effect before the
date which is 5 years after the date of enactment of 
this Act. 
(c) EFFECT OF GOALS.—(1) Nothing in paragraphs 
(1) through (5) of subsection (a), or any subsequent modi-
fication to the goals therein pursuant to subsection (b), 
shall—
(A) create any new—
(i) authority for any Federal agency; or 
(ii) requirement for any other person; 
(B) be used by a Federal agency to support the 
establishment of regulatory standards or regulatory 
requirements; or 
(C) alter the authority of the Secretary to make 
grants or other awards. 
(2) Nothing in this subsection shall be construed to 
limit the authority of the Secretary to impose conditions 
on grants or other awards based on the goals in subsection 
(a) or any subsequent modification thereto. 
SEC. 103. DEFINITIONS. 
For purposes of this title: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) DEPARTMENTAL MISSION.—The term ‘‘de-
partmental mission’’ means any of the functions 
vested in the Secretary of Energy by the Depart-
2 of the National Cooperative Research and Produc-
tion Act of 1993 (15 U.S.C. 4301). 
(6) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means any of the following lab-
oratories owned by the Department: 
(A) Ames National Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Laboratory. 
(E) Idaho National Engineering and Envi-
ronmental Laboratory. 
(F) Lawrence Berkeley National Labora-
tory. 
(G) Lawrence Livermore National Labora-
tory. 
(H) Los Alamos National Laboratory. 
(I) National Energy Technology Labora-
tory. 
(J) National Renewable Energy Labora-
tory. 
(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Labora-
tory. 
(M) Princeton Plasma Physics Laboratory. 
(N) Sandia National Laboratories.
(O) Thomas Jefferson National Accel-
erator Facility. 
(7) NONMILITARY ENERGY LABORATORY.—The 
term ‘‘nonmilitary energy laboratory’’ means any of 
the following laboratories of the Department: 
(A) Ames National Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Laboratory. 
(E) Lawrence Berkeley National Labora-
tory. 
(F) Oak Ridge National Laboratory. 
(G) Pacific Northwest National Labora-
tory. 
(H) Princeton Plasma Physics Laboratory. 
(I) Stanford Linear Accelerator Center. 
(J) Thomas Jefferson National Accelerator 
Facility. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(9) SINGLE-PURPOSE
RESEARCH
FACILITY.—
The term ‘‘single-purpose research facility’’ means 
any of the following primarily single-purpose entities 
owned by the Department: 
(A) East Tennessee Technology Park.
(B) Environmental Measurement Labora-
tory. 
(C) Fernald Environmental Management 
Project. 
(D) Kansas City Plant. 
(E) Nevada Test Site. 
(F) New Brunswick Laboratory. 
(G) Pantex Weapons Facility. 
(H) Savannah River Technology Center. 
(I) Stanford Linear Accelerator Center. 
(J) Y–12 facility at Oak Ridge National 
Laboratory. 
(K) Waste Isolation Pilot Plant. 
(L) Any other similar organization of the 
Department designated by the Secretary that 
engages in technology transfer, partnering, or 
licensing activities. 
Subtitle A—Energy Efficiency 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 104. ENERGY EFFICIENCY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for energy effi-
ciency and conservation research, development, dem-
onstration, and commercial application activities, includ-
ing activities authorized under this subtitle:
(1) For fiscal year 2003, $560,000,000. 
(2) For fiscal year 2004, $616,000,000. 
(3) For fiscal year 2005, $695,000,000. 
(4) For fiscal year 2006, $772,000,000. 
(5) For fiscal year 2007, $865,000,000. 
(b) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized: 
(1) LIGHTING SYSTEMS.—For activities under 
section 105, $10,000,000 for fiscal year 2003 and 
$50,000,000 for each of fiscal years 2004 through 
2007. 
(2) SECONDARY ELECTRIC VEHICLE BATTERY 
USE PROGRAM.—For activities under section 108—
(A) for fiscal year 2003, $1,000,000; 
(B) for fiscal year 2004, $4,000,000; 
(C) for fiscal year 2005, $7,000,000; 
(D) for fiscal year 2006, $7,000,000; and 
(E) for fiscal year 2007, $7,000,000. 
(3) ENERGY
EFFICIENCY
SCIENCE
INITIA-
TIVE.—For activities under section 110—
(A) for fiscal year 2003, $15,000,000; 
(B) for fiscal year 2004, $20,000,000; 
(C) for fiscal year 2005, $25,000,000; 
(D) for fiscal year 2006, $30,000,000; and 
(E) for fiscal year 2007, $35,000,000.
(c) EXTENDED AUTHORIZATION.—There are author-
ized to be appropriated to the Secretary for activities 
under section 105, $50,000,000 for each of fiscal years 
2008 through 2012. 
(d) LIMITS ON USE OF FUNDS.—None of the funds 
authorized to be appropriated under this section may be 
used for—
(1) the promulgation and implementation of en-
ergy efficiency regulations; 
(2) the Weatherization Assistance Program 
under part A of title IV of the Energy Conservation 
and Production Act; 
(3) the State Energy Program under part D of 
title III of the Energy Policy and Conservation Act; 
or 
(4) the Federal Energy Management Program 
under part 3 of title V of the National Energy Con-
servation Policy Act. 
PART 2—LIGHTING SYSTEMS
SEC. 105. NEXT GENERATION LIGHTING INITIATIVE. 
(a) IN GENERAL.—The Secretary shall carry out a 
Next Generation Lighting Initiative in accordance with 
this section to support research, development, demonstra-
tion, and commercial application activities related to ad-
vanced solid-state lighting technologies based on white 
light emitting diodes. 
(b) OBJECTIVES.—The objectives of the initiative 
shall be—
(1) to develop, by 2012, advanced solid-state 
lighting technologies based on white light emitting 
diodes that, compared to incandescent and fluores-
cent lighting technologies, are—
(A) longer lasting; 
(B) more energy-efficient; and 
(C) cost-competitive; 
(2) to develop an inorganic white light emitting 
diode that has an efficiency of 160 lumens per watt 
and a 10-year lifetime; and 
(3) to develop an organic white light emitting 
diode with an efficiency of 100 lumens per watt with 
a 5-year lifetime that—
(A) illuminates over a full color spectrum; 
(B) covers large areas over flexible sur-
faces; and 
(C) does not contain harmful pollutants, 
such as mercury, typical of fluorescent lamps. 
(c) FUNDAMENTAL RESEARCH.—
(1) CONSORTIUM.—The Secretary shall carry 
out the fundamental research activities of the Next
Generation Lighting Initiative through a private 
consortium (which may include private firms, trade 
associations and institutions of higher education), 
which the Secretary shall select through a competi-
tive process. Each proposed consortium shall submit 
to the Secretary such information as the Secretary 
may require, including a program plan agreed to by 
all participants of the consortium. 
(2) JOINT VENTURE.—The consortium shall be 
structured as a joint venture among the participants 
of the consortium. The Secretary shall serve on the 
governing council of the consortium. 
(3) ELIGIBILITY.—To be eligible to be selected 
as the consortium under paragraph (1), an applicant 
must be broadly representative of United States 
solid-state lighting research, development, and man-
ufacturing expertise as a whole. 
(4) GRANTS.—(A) The Secretary shall award 
grants for fundamental research to the consortium, 
which the consortium may disburse to researchers, 
including those who are not participants of the con-
sortium. 
(B) To receive a grant, the consortium must 
provide a description to the Secretary of the pro-
posed research and list the parties that will receive 
funding. 
(C) Grants shall be matched by the consortium 
pursuant to section 182. 
(5) NATIONAL LABORATORIES.—National Lab-
oratories may participate in the research described 
in this section, and may receive funds from the con-
sortium. 
(6) INTELLECTUAL PROPERTY.—Participants in 
the consortium and the Federal Government shall 
have royalty-free nonexclusive rights to use intellec-
tual property derived from research funded pursuant 
to this subsection. 
(d) DEVELOPMENT, DEMONSTRATION, AND COM-
MERCIAL APPLICATION.—The Secretary shall carry out 
the development, demonstration, and commercial applica-
tion activities of the Next Generation Lighting Initiative 
through awards to private firms, trade associations, and 
institutions of higher education. In selecting awardees, the 
Secretary may give preference to members of the consor-
tium selected pursuant to subsection (c). 
(e) PLANS AND ASSESSMENTS.—(1) The consortium 
shall formulate an annual operating plan which shall in-
clude research priorities, technical milestones, and plans
for technology transfer, and which shall be subject to ap-
proval by the Secretary. 
(2) The Secretary shall enter into an arrangement 
with the National Academy of Sciences to conduct periodic 
reviews of the Next Generation Lighting Initiative. The 
Academy shall review the research priorities, technical 
milestones, and plans for technology transfer established 
under paragraph (1) and evaluate the progress toward 
achieving them. The Secretary shall consider the results 
of such reviews in evaluating the plans submitted under 
paragraph (1). 
(f) AUDIT.—The Secretary shall retain an inde-
pendent, commercial auditor to perform an audit of the 
consortium to determine the extent to which the funds au-
thorized by this section have been expended in a manner 
consistent with the purposes of this section. The auditor 
shall transmit a report annually to the Secretary, who 
shall transmit the report to the Congress, along with a 
plan to remedy any deficiencies cited in the report. 
(g) SUNSET.—The Next Generation Lighting Initia-
tive shall terminate no later than September 30, 2013. 
(h) DEFINITIONS.—As used in this section: 
(1) ADVANCED
SOLID-STATE
LIGHTING.—The 
term ‘‘advanced solid-state lighting’’ means a 
semiconducting device package and delivery system
that produces white light using externally applied 
voltage. 
(2) 
FUNDAMENTAL
RESEARCH.—The 
term 
‘‘fundamental research’’ includes basic research on 
both solid-state materials and manufacturing proc-
esses. 
(3) 
INORGANIC
WHITE
LIGHT
EMITTING 
DIODE.—The term ‘‘inorganic white light emitting 
diode’’ means an inorganic semiconducting package 
that produces white light using externally applied 
voltage. 
(4) ORGANIC WHITE LIGHT EMITTING DIODE.—
The term ‘‘organic white light emitting diode’’ 
means an organic semiconducting compound that 
produces white light using externally applied voltage. 
PART 3—BUILDINGS
SEC. 106. NATIONAL BUILDING PERFORMANCE INITIATIVE. 
(a) INTERAGENCY GROUP.—Not later than 3 months 
after the date of enactment of this Act, the Director of 
the Office of Science and Technology Policy shall establish 
an interagency group to develop, in coordination with the 
advisory committee established under subsection (e), a 
National Building Performance Initiative (in this section 
referred to as the ‘‘Initiative’’). The interagency group 
shall be cochaired by appropriate officials of the Depart-
ment and the Department of Commerce, who shall jointly 
arrange for the provision of necessary administrative sup-
port to the group. 
(b) INTEGRATION OF EFFORTS.—The Initiative shall 
integrate Federal, State, and voluntary private sector ef-
forts to reduce the costs of construction, operation, main-
tenance, and renovation of commercial, industrial, institu-
tional, and residential buildings. 
(c) PLAN.—Not later than 1 year after the date of 
enactment of this Act, the interagency group shall submit 
to Congress a plan for carrying out the appropriate Fed-
eral role in the Initiative. The plan shall include—
(1) research, development, demonstration, and 
commercial application of systems and materials for 
new construction and retrofit relating to the building 
envelope and building system components; and 
(2) the collection, analysis, and dissemination of 
research results and other pertinent information on 
enhancing building performance to industry, govern-
ment entities, and the public. 
(d) DEPARTMENT OF ENERGY ROLE.—Within the 
Federal portion of the Initiative, the Department shall be 
the lead agency for all aspects of building performance re-
lated to use and conservation of energy. 
(e) ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Director of the Of-
fice of Science and Technology Policy shall establish 
an advisory committee to—
(A) analyze and provide recommendations 
on potential private sector roles and participa-
tion in the Initiative; and 
(B) review and provide recommendations 
on the plan described in subsection (c). 
(2) MEMBERSHIP.—Membership of the advisory 
committee shall include representatives with a broad 
range of appropriate expertise, including expertise 
in—
(A) building research and technology; 
(B) architecture, engineering, and building 
materials and systems; and 
(C) the residential, commercial, and indus-
trial sectors of the construction industry. 
(f) CONSTRUCTION.—Nothing in this section provides 
any Federal agency with new authority to regulate build-
ing performance. 
PART 4—VEHICLES 
SEC. 107. DEFINITIONS. 
For purposes of this part, the term—
(1) ‘‘battery’’ means an energy storage device 
that previously has been used to provide motive
power in a vehicle powered in whole or in part by 
electricity; and 
(2) ‘‘associated equipment’’ means equipment 
located where the batteries will be used that is nec-
essary to enable the use of the energy stored in the 
batteries. 
SEC. 108. ESTABLISHMENT OF SECONDARY ELECTRIC VE-
HICLE BATTERY USE PROGRAM. 
(a) PROGRAM.—The Secretary shall establish and 
conduct a research, development, demonstration, and com-
mercial application program for the secondary use of bat-
teries. Such program shall be—
(1) designed to demonstrate the use of batteries 
in secondary application, including utility and com-
mercial power storage and power quality; 
(2) structured to evaluate the performance, in-
cluding useful service life and costs, of such bat-
teries in field operations, and evaluate the necessary 
supporting infrastructure, including reuse and dis-
posal of batteries; and 
(3) coordinated with ongoing secondary battery 
use programs at the National Laboratories and in 
industry. 
(b) SOLICITATION.—(1) Not later than 6 months 
after the date of the enactment of this Act, the Secretary
shall solicit proposals to demonstrate the secondary use 
of batteries and associated equipment and supporting in-
frastructure in geographic locations throughout the 
United States. The Secretary may make additional solici-
tations for proposals if the Secretary determines that such 
solicitations are necessary to carry out this section. 
(2)(A) Proposals submitted in response to a solicita-
tion under this section shall include—
(i) a description of the project, including the 
batteries to be used in the project, the proposed lo-
cations and applications for the batteries, the num-
ber of batteries to be demonstrated, and the type, 
characteristics, and estimated life-cycle costs of the 
batteries compared to other energy storage devices 
currently used; 
(ii) the contribution, if any, of State or local 
governments and other persons to the demonstration 
project; 
(iii) the type of associated equipment and sup-
porting infrastructure to be demonstrated; and 
(iv) any other information the Secretary con-
siders appropriate. 
(B) If the proposal includes a lease arrangement, the 
proposal shall indicate the terms of such lease arrange-
ment for the batteries and associated equipment.
(c) SELECTION OF PROPOSALS.—(1)(A) The Sec-
retary shall, not later than 3 months after the closing date 
established by the Secretary for receipt of proposals under 
subsection (b), select at least 5 proposals to receive finan-
cial assistance under this section. 
(B) No one project selected under this section shall 
receive more than 25 percent of the funds authorized 
under this section. No more than 3 projects selected under 
this section shall demonstrate the same battery type. 
(2) In selecting a proposal under this section, the 
Secretary shall consider—
(A) the ability of the proposer to acquire the 
batteries and associated equipment and to success-
fully manage and conduct the demonstration project, 
including satisfying the reporting requirements set 
forth in paragraph (3)(B); 
(B) the geographic and climatic diversity of the 
projects selected; 
(C) the long-term technical and competitive via-
bility of the batteries to be used in the project and 
of the original manufacturer of such batteries; 
(D) the suitability of the batteries for their in-
tended uses;
(E) the technical performance of the batteries, 
including the expected additional useful life and the 
batteries’ ability to retain energy; 
(F) the environmental effects of the use of and 
disposal of the batteries proposed to be used in the 
project selected; 
(G) the extent of involvement of State or local 
government and other persons in the demonstration 
project and whether such involvement will—
(i) permit a reduction of the Federal cost 
share per project; or 
(ii) otherwise be used to allow the Federal 
contribution to be provided to demonstrate a 
greater number of batteries; and 
(H) such other criteria as the Secretary con-
siders appropriate. 
(3) CONDITIONS.—The Secretary shall require that—
(A) as a part of a demonstration project, the 
users of the batteries provide to the proposer infor-
mation regarding the operation, maintenance, per-
formance, and use of the batteries, and the proposer 
provide such information to the battery manufac-
turer, for 3 years after the beginning of the dem-
onstration project;
(B) the proposer provide to the Secretary such 
information regarding the operation, maintenance, 
performance, and use of the batteries as the Sec-
retary may request; 
(C) the proposer provide to the Secretary such 
information regarding the disposal of the batteries 
as the Secretary may require to ensure that the pro-
poser disposes of the batteries in accordance with 
applicable law; and 
(D) the proposer provide at least 50 percent of 
the costs associated with the proposal. 
SEC. 109. ADVANCED VEHICLE TECHNOLOGY. 
The Secretary shall expand research and development 
programs of the Department related to advanced vehicle 
technologies, including—
(1) fuel cells, including high temperature mem-
branes for fuel cells and fuel cell auxiliary power 
systems, and hydrogen storage; 
(2) vehicle engine systems and emission control 
systems; 
(3) batteries and power electronics for hybrid 
vehicles; 
(4) combustion and after-treatment technologies 
for use in direct injected gasoline and diesel fueled 
motor vehicles; and
(5) other advanced fuels and materials. 
PART 5—ENERGY EFFICIENCY SCIENCE 
INITIATIVE 
SEC. 110. ENERGY EFFICIENCY SCIENCE INITIATIVE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
an Energy Efficiency Science Initiative to be managed by 
the Assistant Secretary in the Department with responsi-
bility for energy conservation under section 203(a)(9) of 
the Department of Energy Organization Act (42 U.S.C. 
7133(a)(9)), in consultation with the Director of the Of-
fice of Science, for grants to be competitively awarded and 
subject to peer review for research relating to energy effi-
ciency. 
(b) REPORT.—The Secretary shall submit to the Con-
gress, along with the President’s annual budget request 
under section 1105(a) of title 31, United States Code, a 
report on the activities of the Energy Efficiency Science 
Initiative, including a description of the process used to 
award the funds and an explanation of how the research 
relates to energy efficiency.
Subtitle B—Distributed Energy and 
Electric Energy Systems 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 111. DISTRIBUTED ENERGY AND ELECTRIC ENERGY 
SYSTEMS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for distributed 
energy and electric energy systems activities, including ac-
tivities authorized under this subtitle: 
(1) For fiscal year 2003, $155,000,000. 
(2) For fiscal year 2004, $190,000,000. 
(3) For fiscal year 2005, $200,000,000. 
(4) For fiscal year 2006, $220,000,000. 
(5) For fiscal year 2007, $240,000,000. 
(b) 
MICRO-COGENERATION
ENERGY
TECH-
NOLOGY.—From amounts authorized under subsection 
(a), $2,000,000 for fiscal year 2003 and $20,000,000 for 
fiscal year 2004 shall be available for activities under sec-
tion 114. 
PART 2—DISTRIBUTED POWER
SEC. 112. STRATEGY. 
(a) REQUIREMENT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall develop 
and transmit to the Congress a strategy for a comprehen-
sive research, development, demonstration, and commer-
cial application program to develop hybrid distributed 
power systems that combine—
(1) one or more renewable electric power gen-
eration technologies of 10 megawatts or less located 
near the site of electric energy use; and 
(2) nonintermittent electric power generation 
technologies suitable for use in a distributed power 
system. 
(b) CONTENTS.—The strategy shall—
(1) identify the needs best met with such hybrid 
distributed power systems and the technological bar-
riers to the use of such systems; 
(2) provide for the development of methods to 
design, test, integrate into systems, and operate 
such hybrid distributed power systems; 
(3) include, as appropriate, research, develop-
ment, demonstration, and commercial application on 
related technologies needed for the adoption of such 
hybrid distributed power systems, including energy 
storage devices and environmental control tech-
nologies; and 
(4) describe how activities under the strategy 
will be integrated with other research, development, 
demonstration, and commercial application activities
supported by the Department of Energy related to 
electric power technologies. 
SEC. 113. HIGH POWER DENSITY INDUSTRY PROGRAM. 
The Secretary shall establish a comprehensive re-
search, development, demonstration, and commercial ap-
plication program to improve energy efficiency of high 
power density facilities, including data centers, server 
farms, and telecommunications facilities. Such program 
shall consider technologies that provide significant im-
provement in thermal controls, metering, load manage-
ment, peak load reduction, or the efficient cooling of elec-
tronics. 
SEC. 114. MICRO-COGENERATION ENERGY TECHNOLOGY. 
The Secretary shall make competitive, merit-based 
grants to consortia for the development of micro-cogenera-
tion energy technology. The consortia shall explore the use 
of small-scale combined heat and power in residential 
heating appliances. 
PART 3—TRANSMISSION SYSTEMS
SEC. 115. TRANSMISSION INFRASTRUCTURE SYSTEMS RE-
SEARCH, DEVELOPMENT, DEMONSTRATION, 
AND COMMERCIAL APPLICATION. 
(a) PROGRAM AUTHORIZED.—The Secretary shall de-
velop and implement a comprehensive research, develop-
ment, demonstration, and commercial application program
to promote improved reliability and efficiency of electrical 
transmission systems. Such program may include—
(1) advanced energy technologies, materials, 
and systems; 
(2) advanced grid reliability and efficiency tech-
nology development; 
(3) technologies contributing to significant load 
reductions; 
(4) advanced metering, load management, and 
control technologies; 
(5) technologies to enhance existing grid compo-
nents; 
(6) the development and use of high-tempera-
ture superconductors to—
(A) enhance the reliability, operational 
flexibility, or power-carrying capability of elec-
tric transmission or distribution systems; or 
(B) increase the efficiency of electric en-
ergy generation, transmission, distribution, or 
storage systems; 
(7) integration of power systems, including sys-
tems to deliver high-quality electric power, electric 
power reliability, and combined heat and power; 
(8) any other infrastructure technologies, as ap-
propriate; and
(9) technology transfer and education. 
(b) PROGRAM PLAN.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary, in con-
sultation with other appropriate Federal agencies, shall 
prepare and transmit to Congress a 5-year program plan 
to guide activities under this section. In preparing the pro-
gram plan, the Secretary shall consult with utilities, en-
ergy services providers, manufacturers, institutions of 
higher education, other appropriate State and local agen-
cies, environmental organizations, professional and tech-
nical societies, and any other persons the Secretary con-
siders appropriate. 
(c) REPORT.—Not later than 2 years after the trans-
mittal of the plan under subsection (b), the Secretary shall 
transmit a report to Congress describing the progress 
made under this section and identifying any additional re-
sources needed to continue the development and commer-
cial application of transmission infrastructure tech-
nologies. 
Subtitle C—Renewable Energy 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 121. RENEWABLE ENERGY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for renewable en-
ergy research, development, demonstration, and commer-
cial application activities, including activities authorized 
under this subtitle, including the amounts authorized 
under the amendments made by sections 124 and 125: 
(1) For fiscal year 2003, $390,000,000. 
(2) For fiscal year 2004, $460,000,000. 
(3) For fiscal year 2005, $510,000,000. 
(4) For fiscal year 2006, $560,000,000. 
(5) For fiscal year 2007, $609,000,000. 
(b) BIOENERGY.—From the amounts authorized 
under subsection (a), the following sums are authorized 
to be appropriated to carry out section 122 and section 
176: 
(1) For fiscal year 2003, $117,800,000. 
(2) For fiscal year 2004, $135,425,000. 
(3) For fiscal year 2005, $155,600,000. 
(4) For fiscal year 2006, $167,650,000. 
(5) For fiscal year 2007, $180,000,000. 
(c) LIMITS ON USE OF FUNDS.—
(1) EXCLUSION.—None of the funds authorized 
to be appropriated under this section may be used 
for Renewable Support and Implementation. 
(2) BIOENERGY.—Of the funds authorized 
under subsection (b), not less than $5,000,000 for 
each fiscal year shall be made available for grants to
Historically Black Colleges and Universities, Tribal 
Colleges, and Hispanic-Serving Institutions. 
(3) RURAL AND REMOTE LOCATIONS.—In car-
rying out this section, the Secretary, in consultation 
with the Secretary of Agriculture, shall demonstrate 
the use of advanced wind power technology, biomass, 
geothermal energy systems, and other renewable en-
ergy technologies to assist in delivering electricity to 
rural and remote locations. 
PART 2—BIOENERGY 
SEC. 122. BIOENERGY PROGRAMS. 
The Secretary shall conduct a program of research, 
development, demonstration, and commercial application 
for bioenergy, including—
(1) biopower energy systems; 
(2) biofuels; 
(3) integrated applications of both biopower and 
biofuels; 
(4) cross-cutting research and development in 
feedstocks; and 
(5) economic analysis. 
PART 3—HYDROGEN
SEC. 123. SHORT TITLE. 
This part may be cited as the ‘‘George E. Brown, 
Jr. and Robert S. Walker Hydrogen Future Act of 2003’’.
SEC. 124. 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. FINDING, PURPOSES, AND DEFINITIONS. 
‘‘(a) FINDING.—Congress finds that it is in the na-
tional interest to accelerate efforts to develop a domestic 
capability to economically produce hydrogen in quantities 
that will make a significant contribution toward reducing 
the Nation’s dependence on conventional fuels. 
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to promote a research, development, and 
demonstration program leading to the economical 
and environmentally sound production, storage, 
transport, and use of hydrogen as an energy source 
for industrial, commercial, residential, transpor-
tation, and utility applications; and 
‘‘(2) to promote and coordinate activities in 
technology transfer, education, and other informa-
tion transfer among Federal, State, and local agen-
cies; members of the energy, transportation, and 
other industries; foreign nations; and other entities. 
‘‘(c) DEFINITIONS.—As used in this Act, the term—
‘‘(1) ‘advisory committee’ means the advisory 
committee established under section 108;
‘‘(2) ‘critical technology’ (or ‘critical technical 
issue’) means a technology (or issue) that, in the 
opinion of the Secretary, requires understanding and 
development in order to take the next step needed 
in the development of hydrogen as an economic fuel 
or storage medium; 
‘‘(3) ‘Department’ means the Department of 
Energy; and 
‘‘(4) ‘Secretary’ means the Secretary of Energy. 
‘‘SEC. 103. PLAN; REPORT. 
‘‘(a) COORDINATION PLAN.—The Secretary, in con-
sultation with other Federal agencies, shall prepare a com-
prehensive coordination plan for activities under this Act 
and under title II of the Hydrogen Future Act of 1996. 
The Secretary shall take into account any plan under sec-
tion 202(b) of the Hydrogen Future Act of 1996. 
‘‘(b) REPORT.—
‘‘(1) REQUIREMENT.—Not later than 1 year 
after the date of enactment of the George E. Brown, 
Jr. and Robert S. Walker Hydrogen Future Act of 
2003, and biennially thereafter, the Secretary shall 
transmit to Congress a detailed report, based on the 
plan prepared under subsection (a), on the status 
and progress of the programs authorized under this 
Act.
‘‘(2) CONTENTS.—A report under paragraph 
(1) shall include, in addition to any views and rec-
ommendations of the Secretary—
‘‘(A) an assessment of the effectiveness of 
the programs authorized under this Act and of 
the extent to which they are meeting the pur-
poses specified in section 102(b); 
‘‘(B) recommendations of the advisory 
committee for any improvements in the pro-
gram that are needed, including recommenda-
tions for additional legislation; and 
‘‘(C) to the extent practicable, an analysis 
of Federal, State, local, and private sector hy-
drogen-related research, development, and dem-
onstration activities to identify productive areas 
for increased intergovernmental and private-
public sector collaboration. 
‘‘SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT. 
‘‘(a) PROGRAM.—The Secretary shall conduct a re-
search and development program relating to the produc-
tion, storage, transportation, and use of hydrogen as an 
energy source, with the goal of enabling the private sector 
to demonstrate the technical feasibility of using hydrogen 
for industrial, commercial, residential, transportation, and 
utility applications.
‘‘(b) ELEMENTS.—In conducting the program au-
thorized by this section, the Secretary shall—
‘‘(1) initiate or accelerate research and develop-
ment in critical technical issues that will contribute 
to the development of more economical and environ-
mentally sound hydrogen energy systems, including 
critical technical issues with respect to—
‘‘(A) production, with consideration of 
cost-effective production from renewable energy 
sources; 
‘‘(B) liquefaction, transmission, and dis-
tribution; 
‘‘(C) storage, including storage of hydro-
gen in surface transportation; and 
‘‘(D) use, including use in—
‘‘(i) surface transportation; 
‘‘(ii) isolated villages, islands, and 
communities in which other energy sources 
are not available or are very expensive; 
‘‘(iii) fuel cells and components, in-
cluding proton exchange membrane tech-
nologies; and 
‘‘(iv) foreign markets, particularly 
where an energy infrastructure is not well 
developed;
‘‘(2) give particular attention to resolving crit-
ical technical issues preventing the introduction of 
hydrogen as an energy source into the marketplace, 
so as to enable the development of voluntary con-
sensus technical standards; and 
‘‘(3) survey private sector hydrogen energy re-
search and development activities worldwide and 
take steps to ensure that research and development 
activities under this section do not—
‘‘(A) unnecessarily duplicate any available 
research and development; or 
‘‘(B) displace or compete with the privately 
funded hydrogen energy research and develop-
ment activities of United States industry. 
‘‘(c) RESEARCH AND DEVELOPMENT SUPPORT.—The 
Secretary is authorized to arrange for tests and dem-
onstrations and to disseminate to researchers and devel-
opers information, data, and other materials necessary to 
support the research and development activities authorized 
under this section and other efforts authorized under this 
Act, consistent with section 106. 
‘‘(d) FEDERAL FUNDING.—The Secretary shall carry 
out the research and development activities authorized 
under this section using a competitive merit review proc-
ess.
‘‘(e) COST SHARING.—
‘‘(1) IN GENERAL.—The Secretary shall require 
a commitment from non-Federal sources of at least 
20 percent of the cost of proposed research and de-
velopment projects under this section. 
‘‘(2) REDUCTION OR ELIMINATION.—The Sec-
retary may reduce or eliminate the cost sharing re-
quirement under paragraph (1)—
‘‘(A) if the Secretary determines that the 
research and development is of a basic or fun-
damental nature; or 
‘‘(B) for technical analyses, outreach ac-
tivities, and educational programs that the Sec-
retary does not expect to result in a marketable 
product. 
‘‘SEC. 105. DEMONSTRATIONS. 
‘‘(a) REQUIREMENT.—The Secretary shall conduct 
demonstrations of critical technologies so that technical 
and nontechnical parameters can be evaluated to best de-
termine commercial applicability of such technologies. 
Demonstrations under this section shall include fuel cells 
and fuel cell components, including proton exchange mem-
brane technologies, for commercial, residential, and trans-
portation applications, using improved manufacturing pro-
duction and processes.
‘‘(b) DEMONSTRATIONS WITH RESEARCH AND DE-
VELOPMENT ACTIVITIES.—Concurrently with activities 
conducted pursuant to section 104, the Secretary shall 
conduct small-scale demonstrations of hydrogen energy 
technology at self-contained sites. 
‘‘(c) COST SHARING.—
‘‘(1) IN GENERAL.—The Secretary shall require 
a commitment from non-Federal sources of at least 
50 percent of the costs directly relating to a dem-
onstration project under this section. 
‘‘(2) REDUCTION.—The Secretary may reduce 
the non-Federal requirement under paragraph (1) if 
the Secretary determines that the reduction is ap-
propriate considering the technological risks involved 
in the project. 
‘‘SEC. 106. TECHNOLOGY ASSESSMENT AND TRANSFER. 
‘‘(a) PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a program designed to transfer critical tech-
nologies to the private sector, including application 
in foreign countries to increase the global market for 
the technologies and foster global development with-
out harmful environmental effects. 
‘‘(2) ADVICE AND ASSISTANCE.—The Secretary 
shall direct the program authorized by this sub-
section with the advice and assistance of the advi-
sory committee. 
‘‘(b) INFORMATION.—
‘‘(1) IN GENERAL.—The Secretary, in carrying 
out the program authorized by subsection (a), 
shall—
‘‘(A) undertake an update of the inventory 
and assessment of hydrogen energy technologies 
and their commercial capability to economically 
produce, store, transport, and use hydrogen as 
an energy source in the industrial, commercial, 
residential, transportation, and utility sectors; 
and 
‘‘(B) develop with the National Aero-
nautics and Space Administration, other Fed-
eral agencies as appropriate, and industry, an 
information exchange program to improve tech-
nology transfer for hydrogen energy tech-
nologies. 
‘‘(2) ACTIVITIES.—The information exchange 
program may consist of workshops, publications, 
conferences, and a database for the use by the public 
and private sectors. The Secretary shall also foster 
the exchange of generic, nonproprietary information 
and technology, developed pursuant to this Act,
among industry, academia, and the Federal Govern-
ment, to help the United States economy attain the 
economic benefits of this information and tech-
nology. 
‘‘SEC. 107. COORDINATION AND CONSULTATION. 
‘‘(a) SECRETARY’S RESPONSIBILITY.—The Secretary 
shall have overall management responsibility for carrying 
out programs under this Act. In carrying out such pro-
grams, the Secretary, consistent with such overall manage-
ment responsibility—
‘‘(1) shall establish a central point for the co-
ordination of all hydrogen energy research, develop-
ment, and demonstration activities of the Depart-
ment; and 
‘‘(2) may use the expertise of any other Federal 
agency in accordance with subsection (b) in carrying 
out any activities under this Act, to the extent that 
the Secretary determines that any such agency has 
capabilities which would allow such agency to con-
tribute to the purposes of this Act. 
‘‘(b) ASSISTANCE.—The Secretary may, in accord-
ance with subsection (a), obtain the assistance of any Fed-
eral agency upon written request, on a reimbursable basis 
or otherwise and with the consent of such agency. Each
such request shall identify the assistance the Secretary 
considers necessary to carry out any duty under this Act. 
‘‘(c) CONSULTATION.—The Secretary shall consult 
with other Federal agencies as appropriate, and the advi-
sory committee, in carrying out the Secretary’s authorities 
pursuant to this Act. 
‘‘SEC. 108. ADVISORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—There is hereby established 
the Hydrogen Technical Advisory Committee to advise the 
Secretary on the programs under this Act and under title 
II of the Hydrogen Future Act of 1996, to remain in exist-
ence for the duration of such programs. 
‘‘(b) MEMBERSHIP.—
‘‘(1) IN
GENERAL.—The advisory committee 
shall be comprised of not fewer than 9 nor more 
than 15 members appointed by the Secretary, and 
shall be comprised of such representatives from do-
mestic industry, universities, professional societies, 
Government laboratories, and financial, environ-
mental, and other organizations as the Secretary 
considers appropriate based on the Secretary’s as-
sessment of the technical and other qualifications of 
such representatives. 
‘‘(2) TERMS.—
‘‘(A) IN GENERAL.—The term of a mem-
ber of the advisory committee shall not be more 
than three years. 
‘‘(B) STAGGERED TERMS.—The Secretary 
may appoint members of the advisory com-
mittee in a manner that allows the terms of the 
members serving at any time to expire at 
spaced intervals so as to ensure continuity in 
the functioning of the advisory committee. 
‘‘(C) REAPPOINTMENT.—A member of the 
advisory committee whose term expires may be 
reappointed. 
‘‘(3) CHAIRPERSON.—The advisory committee 
shall have a chairperson, who shall be elected by the 
members from among their number. 
‘‘(c) COOPERATION.—The heads of Federal agencies 
shall cooperate with the advisory committee in carrying 
out the requirements of this section and shall furnish to 
the advisory committee such information as the advisory 
committee considers necessary to carry out this section. 
‘‘(d) REVIEW.—The advisory committee shall review 
and make any necessary recommendations to the Sec-
retary on—
‘‘(1) the implementation and conduct of pro-
grams under this Act;
‘‘(2) the economic, technological, and environ-
mental consequences of the deployment of tech-
nologies for the production, storage, transportation, 
and use of hydrogen as an energy source; and 
‘‘(3) the coordination plan prepared by the Sec-
retary under section 103 and the plan developed by 
the interagency task force under section 202(b) of 
the Hydrogen Future Act of 1996. 
‘‘(e) RESPONSE TO RECOMMENDATIONS.—The Sec-
retary shall consider, but need not adopt, any rec-
ommendations of the advisory committee under subsection 
(d). The Secretary shall either describe the implementa-
tion, or provide an explanation of the reasons that any 
such recommendations will not be implemented, in the re-
port to Congress under section 103(b). 
‘‘(f) SUPPORT.—The Secretary shall provide such 
staff, funds, and other support as may be necessary to 
enable the advisory committee to carry out its functions. 
‘‘SEC. 109. NATIONAL ACADEMY OF SCIENCES REVIEW. 
‘‘Beginning 2 years after the date of the enactment 
of this section, and every 4 years thereafter, the National 
Academy of Sciences shall perform a review of the 
progress made through the programs and activities au-
thorized under this Act and title II of the Hydrogen Fu-
ture Act of 1996, and shall report to the Congress on the 
results of such reviews. 
‘‘SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
the purposes of this Act (in addition to any amounts made 
available for such purposes under other Acts)—
‘‘(1) $3,000,000 for fiscal year 1992; 
‘‘(2) $7,000,000 for fiscal year 1993; 
‘‘(3) $10,000,000 for fiscal year 1994; 
‘‘(4) $14,500,000 for fiscal year 1996; 
‘‘(5) $20,000,000 for fiscal year 1997; 
‘‘(6) $25,000,000 for fiscal year 1998; 
‘‘(7) $30,000,000 for fiscal year 1999; 
‘‘(8) $35,000,000 for fiscal year 2000; 
‘‘(9) $40,000,000 for fiscal year 2001; 
‘‘(10) $45,000,000 for fiscal year 2002; 
‘‘(11) $50,000,000 for fiscal year 2003; 
‘‘(12) $55,000,000 for fiscal year 2004; 
‘‘(13) $60,000,000 for fiscal year 2005; 
‘‘(14) $65,000,000 for fiscal year 2006; and 
‘‘(15) $70,000,000 for fiscal year 2007.’’. 
SEC. 125. HYDROGEN FUTURE ACT AMENDMENT. 
Title II of the Hydrogen Future Act of 1996 (42 
U.S.C. 12403 note) is amended to read as follows:
‘‘TITLE II—FUEL CELLS 
‘‘SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN 
SYSTEMS. 
‘‘(a) IN GENERAL.—The Secretary shall solicit pro-
posals for projects demonstrating hydrogen technologies 
needed to use fuel cells in Federal, State, and local govern-
ment stationary and transportation applications. 
‘‘(b) COMPETITIVE
EVALUATION.—Each proposal 
submitted in response to the solicitation under this section 
shall be evaluated on a competitive basis using peer re-
view. The Secretary is not required to make an award 
under this section in the absence of a meritorious pro-
posal. 
‘‘(c) PREFERENCE.—The Secretary shall give pref-
erence, in making an award under this section, to pro-
posals that—
‘‘(1) are submitted jointly from consortia in-
cluding academic institutions, industry, State or 
local governments, and Federal laboratories; and 
‘‘(2) reflect proven experience and capability 
with technologies relevant to the projects proposed. 
‘‘(d) NON-FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall require a commitment 
from non-Federal sources of at least 50 percent of
the costs directly relating to a demonstration project 
under this section. 
‘‘(2) REDUCTION.—The Secretary may reduce 
the non-Federal requirement under paragraph (1) if 
the Secretary determines that the reduction is ap-
propriate considering the technological risks involved 
in the project. 
‘‘SEC. 202. INTERAGENCY TASK FORCE. 
‘‘(a) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of the George E. Brown, Jr. 
and Robert S. Walker Hydrogen Future Act of 2003, the 
Secretary shall establish an interagency task force led by 
the Secretary’s designee and comprised of representatives 
of—
‘‘(1) the Office of Science and Technology Pol-
icy; 
‘‘(2) the Department of Transportation; 
‘‘(3) the Department of Defense; 
‘‘(4) the Department of Commerce (including 
the National Institute of Standards and Tech-
nology); 
‘‘(5) the Environmental Protection Agency; 
‘‘(6) the National Aeronautics and Space Ad-
ministration; and 
‘‘(7) other Federal agencies as appropriate.
‘‘(b) DUTIES.—
‘‘(1) DEVELOPMENT OF PLAN.—The task force 
shall develop a plan for carrying out this title. 
‘‘(2) FOCUS OF PLAN.—The plan shall focus on 
development and demonstration of integrated sys-
tems and components for—
‘‘(A) the production, storage, transport, 
and use of hydrogen as an energy source for 
Federal, State, and local government stationary 
and transportation applications; 
‘‘(B) hydrogen-based infrastructure for 
buses and other fleet transportation systems 
that include zero-emission vehicles; and 
‘‘(C) hydrogen-based distributed power 
generation, including the generation of com-
bined heat, power, and hydrogen. 
‘‘SEC. 203. COOPERATIVE AND COST-SHARING AGREE-
MENTS. 
‘‘The Secretary shall enter into cooperative and cost-
sharing agreements with Federal, State, and local agencies 
for participation by the agencies in demonstrations at fa-
cilities administered by the agencies, with the aim of inte-
grating high-efficiency hydrogen systems using fuel cells 
into the facilities to provide near-term benefits and pro-
mote a smooth transition to hydrogen as an energy source.
‘‘SEC. 204. INTEGRATION AND DISSEMINATION OF TECH-
NICAL INFORMATION. 
‘‘The Secretary shall—
‘‘(1) integrate all the technical information 
available as a result of development and demonstra-
tion projects under this title; 
‘‘(2) make the information available to all inter-
ested persons; and 
‘‘(3) foster the exchange of generic, nonpropri-
etary information and technology developed under 
this title among industry, academia, and Federal, 
State, and local governments, to help the United 
States economy attain the economic benefits of the 
information and technology. 
‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Sec-
retary, for activities under this title—
‘‘(1) $5,000,000 for fiscal year 2003; 
‘‘(2) $25,000,000 for fiscal year 2004; 
‘‘(3) $30,000,000 for fiscal year 2005; 
‘‘(4) $35,000,000 for fiscal year 2006; and 
‘‘(5) $40,000,000 for fiscal year 2007.’’.
PART 4—MISCELLANEOUS PROJECTS 
SEC. 126. MISCELLANEOUS PROJECTS. 
The Secretary shall conduct research, development, 
demonstration, and commercial application programs 
for—
(1) ocean energy, including wave energy; 
(2) the combined use of renewable energy tech-
nologies with one another and with other energy 
technologies, including the combined use of wind 
power and coal gasification technologies; and 
(3) hydrogen carrier fuels. 
Subtitle D—Nuclear Energy 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 131. NUCLEAR ENERGY. 
(a) CORE PROGRAMS.—The following sums are au-
thorized to be appropriated to the Secretary for nuclear 
energy research, development, demonstration, and com-
mercial application activities, including activities author-
ized under this subtitle, other than those described in sub-
section (b): 
(1) For fiscal year 2003, $200,000,000. 
(2) For fiscal year 2004, $233,000,000. 
(3) For fiscal year 2005, $266,000,000. 
(4) For fiscal year 2006, $300,000,000. 
(5) For fiscal year 2007, $334,000,000.
(b) NUCLEAR INFRASTRUCTURE SUPPORT.—The fol-
lowing sums are authorized to be appropriated to the Sec-
retary for activities under section 132(f): 
(1) For fiscal year 2003, $120,000,000. 
(2) For fiscal year 2004, $125,000,000. 
(3) For fiscal year 2005, $130,000,000. 
(4) For fiscal year 2006, $135,000,000. 
(5) For fiscal year 2007, $140,000,000. 
(c) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized: 
(1) ADVANCED FUEL RECYCLING PROGRAM.—
For activities under section 133—
(A) for fiscal year 2003, $80,000,000; 
(B) for fiscal year 2004, $93,000,000; 
(C) for fiscal year 2005, $106,000,000; 
(D) for fiscal year 2006, $120,000,000; 
and 
(E) for fiscal year 2007, $134,000,000. 
(2) UNIVERSITY
PROGRAMS.—For activities 
under section 134—
(A) for fiscal year 2003, $25,000,000; 
(B) for fiscal year 2004, $33,000,000; 
(C) for fiscal year 2005, $37,900,000; 
(D) for fiscal year 2006, $43,600,000; and 
(E) for fiscal year 2007, $50,100,000.
(d) LIMIT ON USE OF FUNDS.—None of the funds 
authorized under this section may be used for decommis-
sioning the Fast Flux Test Facility. 
PART 2—NUCLEAR ENERGY RESEARCH 
PROGRAMS
SEC. 132. NUCLEAR ENERGY RESEARCH PROGRAMS. 
(a) NUCLEAR ENERGY RESEARCH INITIATIVE.—The 
Secretary shall carry out a Nuclear Energy Research Ini-
tiative for research and development related to nuclear en-
ergy. 
(b) NUCLEAR ENERGY PLANT OPTIMIZATION PRO-
GRAM.—The Secretary shall carry out a Nuclear Energy 
Plant Optimization Program to support research and de-
velopment activities addressing reliability, availability, pro-
ductivity, and component aging in existing nuclear power 
plants. 
(c) NUCLEAR POWER 2010 PROGRAM.—The Sec-
retary shall carry out a Nuclear Power 2010 Program, 
consistent with recommendations in the October 2001 re-
port entitled ‘‘A Roadmap to Deploy New Nuclear Power 
Plants in the United States by 2010’’ issued by the Nu-
clear Energy Research Advisory Committee of the Depart-
ment. The Program shall—
(1) rely on the expertise and capabilities of the 
National Laboratories in the areas of advanced nu-
clear fuels cycles and fuels testing; 
(2) pursue an approach that considers a variety 
of reactor designs; 
(3) include participation of international col-
laborators in research, development, and design ef-
forts as appropriate; and 
(4) encourage industry participation. 
(d) GENERATION IV NUCLEAR ENERGY SYSTEMS 
INITIATIVE.—The Secretary shall carry out a Generation 
IV Nuclear Energy Systems Initiative to develop an over-
all technology plan and to support research and develop-
ment necessary to make an informed technical decision 
about the most promising candidates for eventual commer-
cial application. The Initiative shall examine advanced 
proliferation-resistant and passively safe reactor designs, 
including designs that—
(1) are economically competitive with other elec-
tric power generation plants; 
(2) have higher efficiency, lower cost, and im-
proved safety compared to reactors in operation on 
the date of enactment of this Act;
(3) use fuels that are proliferation resistant and 
have substantially reduced production of high-level 
waste per unit of output; and 
(4) utilize improved instrumentation. 
(e) REACTOR PRODUCTION
OF HYDROGEN.—The 
Secretary shall carry out research to examine designs for 
high-temperature reactors capable of producing large-scale 
quantities of hydrogen using thermochemical processes. 
(f) NUCLEAR
INFRASTRUCTURE
SUPPORT.—The 
Secretary shall develop and implement a strategy for the 
facilities of the Office of Nuclear Energy, Science, and 
Technology and shall transmit a report containing the 
strategy along with the President’s budget request to the 
Congress for fiscal year 2005. Such strategy shall provide 
a cost-effective means for—
(1) maintaining existing facilities and infra-
structure, as needed; 
(2) closing unneeded facilities; 
(3) making facility upgrades and modifications; 
and 
(4) building new facilities. 
PART 3—ADVANCED FUEL RECYCLING 
SEC. 133. ADVANCED FUEL RECYCLING PROGRAM. 
(a) IN GENERAL.—The Secretary, through the Direc-
tor of the Office of Nuclear Energy, Science and Tech-
nology, shall conduct an advanced fuel recycling tech-
nology research and development program to evaluate pro-
liferation-resistant fuel recycling and transmutation tech-
nologies which minimize environmental or public health 
and safety impacts as an alternative to aqueous reprocess-
ing technologies deployed as of the date of enactment of 
this Act in support of evaluation of alternative national 
strategies for spent nuclear fuel and the Generation IV 
advanced reactor concepts, subject to annual review by the 
Secretary’s Nuclear Energy Research Advisory Committee 
or other independent entity, as appropriate. Opportunities 
to enhance progress of this program through international 
cooperation should be sought. 
(b) REPORTS.—The Secretary shall report on the ac-
tivities of the advanced fuel recycling technology research 
and development program, as part of the Department’s 
annual budget submission. 
PART 4—UNIVERSITY PROGRAMS 
SEC. 134. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER-
ING SUPPORT. 
(a) ESTABLISHMENT.—The Secretary shall support 
a program to invest in human resources and infrastructure 
in the nuclear sciences and engineering and related fields 
(including health physics and nuclear and radiochemistry),
consistent with departmental missions related to civilian 
nuclear research and development. 
(b) DUTIES.—In carrying out the program under this 
section, the Secretary shall—
(1) establish a graduate and undergraduate fel-
lowship program to attract new and talented stu-
dents; 
(2) establish a Junior Faculty Research Initi-
ation Grant Program to assist institutions of higher 
education in recruiting and retaining new faculty in 
the nuclear sciences and engineering; 
(3) support fundamental nuclear sciences and 
engineering research through the Nuclear Engineer-
ing Education Research Program; 
(4) encourage collaborative nuclear research 
among industry, National Laboratories, and institu-
tions of higher education through the Nuclear En-
ergy Research Initiative; and 
(5) support communication and outreach re-
lated to nuclear science and engineering. 
(c) MAINTAINING
UNIVERSITY
RESEARCH
AND 
TRAINING REACTORS
AND ASSOCIATED INFRASTRUC-
TURE.—Activities under this section may include—
(1) converting research reactors currently using 
high-enrichment fuels to low-enrichment fuels, up-
grading operational instrumentation, and sharing of 
reactors among institutions of higher education; 
(2) providing technical assistance, in collabora-
tion with the United States nuclear industry, in reli-
censing and upgrading training reactors as part of 
a student training program; and 
(3) providing funding for reactor improvements 
as part of a focused effort that emphasizes research, 
training, and education. 
(d) UNIVERSITY-NATIONAL
LABORATORY
INTER-
ACTIONS.—The Secretary shall develop—
(1) a sabbatical fellowship program for profes-
sors at institutions of higher education to spend ex-
tended periods of time at National Laboratories in 
the areas of nuclear science and technology; and 
(2) a visiting scientist program in which Na-
tional Laboratory staff can spend time in academic 
nuclear science and engineering departments. 
The Secretary may provide fellowships for students to 
spend time at National Laboratories in the area of nuclear 
science with a member of the Laboratory staff acting as 
a mentor. 
(e) OPERATING AND MAINTENANCE COSTS.—Fund-
ing for a research project provided under this section may 
be used to offset a portion of the operating and mainte-
nance costs of a research reactor at an institution of high-
er education used in the research project. 
Subtitle E—Fossil Energy 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 141. FOSSIL ENERGY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for fossil energy 
research, development, demonstration, and commercial ap-
plication activities, including activities authorized under 
this subtitle, other than those described in subsection (b): 
(1) For fiscal year 2003, $505,000,000. 
(2) For fiscal year 2004, $523,000,000. 
(3) For fiscal year 2005, $542,000,000. 
(4) For fiscal year 2006, $558,000,000. 
(5) For fiscal year 2007, $585,000,000. 
(b) ULTRA-DEEPWATER AND UNCONVENTIONAL RE-
SOURCES.—
(1) OIL AND GAS LEASE INCOME.—For each of 
fiscal years 2003 through 2010, from any royalties, 
rents, and bonuses derived from Federal onshore 
and offshore oil and gas leases issued under the 
Outer Continental Shelf Lands Act and the Mineral 
Leasing Act which are deposited in the Treasury, 
and after distribution of any such funds as described 
in paragraph (2), an amount equal to 7.5 percent of
the amount of royalties, rents, and bonuses derived 
from those leases deposited in the Treasury shall be 
deposited into the Ultra-Deepwater and Unconven-
tional Natural Gas and Other Petroleum Research 
Fund (in this subsection referred to as the Fund). 
For purposes of this subsection, the term ‘‘royalties’’ 
excludes proceeds from the sale of royalty production 
taken in kind and royalty production that is trans-
ferred under section 27(a)(3) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1353(a)(3)). 
Monies in the Fund shall be available to the Sec-
retary for obligation under part 3, without fiscal 
year limitation, to the extent provided in advance in 
appropriations Acts. 
(2) PRIOR DISTRIBUTIONS.—The distributions 
described in paragraph (1) are those required by 
law—
(A) to States and to the Reclamation Fund 
under the Mineral Leasing Act (30 U.S.C. 
191(a)); and 
(B) to other funds receiving monies from 
Federal oil and gas leasing programs, includ-
ing—
(i) any recipients pursuant to section 
8(g) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(g)); 
(ii) the Land and Water Conservation 
Fund, pursuant to section 2(c) of the Land 
and Water Conservation Fund Act of 1965 
(16 U.S.C. 4601–5(c)); and 
(iii) the Historic Preservation Fund, 
pursuant to section 108 of the National 
Historic Preservation Act (16 U.S.C. 
470h). 
(3) ALLOCATION.—Amounts made available 
under this subsection in each fiscal year shall be al-
located as follows: 
(A) 67.5 percent shall be for ultra-deep-
water natural gas and other petroleum activities 
under section 145; 
(B) 22.5 percent shall be for unconven-
tional natural gas and other petroleum resource 
activities under section 146; and 
(C) 10 percent shall be for research com-
plementary to research under section 144(b)(1) 
through (3). 
(c) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized:
(1) FUEL CELL PROTON EXCHANGE MEMBRANE 
TECHNOLOGY.—For 
activities 
under 
section 
142(c)(2), $28,000,000 for each of the fiscal years 
2003 through 2007. 
(2) COAL MINING TECHNOLOGIES.—For activi-
ties under section 143—
(A) for fiscal year 2004, $12,000,000; and 
(B) for fiscal year 2005, $15,000,000. 
(3) OFFICE OF ARCTIC ENERGY.—For the Of-
fice of Arctic Energy under section 3197 of the 
Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (Public Law 106–398), 
$25,000,000 for each of fiscal years 2003 through 
2007. 
(d) EXTENDED AUTHORIZATION.—There are author-
ized to be appropriated to the Secretary for the Office of 
Arctic Energy under section 3197 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 
(Public Law 106–398), $25,000,000 for each of fiscal 
years 2008 through 2011. 
(e) LIMITS ON USE OF FUNDS.—
(1) EXCLUSIONS.—None of the funds author-
ized under this section may be used for—
(A) Fossil Energy Environmental Restora-
tion; or
(B) Import/Export Authorization. 
(2) UNIVERSITY COAL MINING RESEARCH.—Of 
the funds authorized under subsection (c)(2), not 
less than 20 percent of the funds appropriated for 
each fiscal year shall be dedicated to research and 
development carried out at institutions of higher 
education. 
PART 2—RESEARCH PROGRAMS 
SEC. 142. FOSSIL ENERGY RESEARCH PROGRAMS. 
(a) COAL RESEARCH.—(1) In addition to the Clean 
Coal Power Initiative authorized under title V, the Sec-
retary shall conduct a program of research, development, 
demonstration, and commercial application for coal and 
power systems, including—
(A) central systems; 
(B) sequestration research and development; 
(C) fuels; 
(D) advanced research; and 
(E) advanced separation technologies. 
(2) No funds may be used to carry out the activities 
authorized by paragraph (1) after September 30, 2003, 
unless one month has elapsed since the Secretary has 
transmitted to the Congress a report providing—
(A) a detailed description of how proposals will 
be solicited and evaluated;
(B) a list of activities and technical milestones; 
and 
(C) a description of how these activities will 
complement and not duplicate the Clean Coal Power 
Initiative authorized under title V. 
(b) OIL AND GAS RESEARCH.—The Secretary shall 
conduct a program of research, development, demonstra-
tion, and commercial application on oil and gas, includ-
ing—
(1) exploration and production; 
(2) gas hydrates; 
(3) reservoir life and extension; 
(4) transportation and distribution infrastruc-
ture; 
(5) ultraclean fuels; 
(6) heavy oil and oil shale; and 
(7) environmental research. 
(c) FUEL CELLS.—(1) The Secretary shall conduct 
a program of research, development, demonstration, and 
commercial application on fuel cells for low-cost, high-effi-
ciency, fuel-flexible, modular power systems. 
(2) The demonstrations shall include fuel cell proton 
exchange membrane technology for commercial, residen-
tial, and transportation applications, and distributed gen-
eration systems, utilizing improved manufacturing produc-
tion and processes. 
(d) NATURAL GAS AND OIL DEPOSITS REPORT.—
Not later than 2 years after the date of the enactment 
of this Act, and at 2-year intervals thereafter, the Sec-
retary of the Interior, in consultation with other appro-
priate Federal agencies, shall transmit a report to the 
Congress of the latest estimates of natural gas and oil re-
serves, reserves growth, and undiscovered resources in 
Federal and State waters off the coast of Louisiana and 
Texas. 
SEC. 143. RESEARCH AND DEVELOPMENT FOR COAL MIN-
ING TECHNOLOGIES. 
(a) ESTABLISHMENT.—The Secretary shall carry out 
a program of research and development on coal mining 
technologies. The Secretary shall cooperate with appro-
priate Federal agencies, coal producers, trade associations, 
equipment manufacturers, institutions of higher education 
with mining engineering departments, and other relevant 
entities. 
(b) PROGRAM.—The research and development activi-
ties carried out under this section shall—
(1) be based on the mining research and devel-
opment priorities identified by the Mining Industry 
of the Future Program and in the recommendations
from relevant reports of the National Academy of 
Sciences on mining technologies; and 
(2) expand mining research capabilities at insti-
tutions of higher education.
PART 3—ULTRA-DEEPWATER AND UNCONVEN-
TIONAL NATURAL GAS AND OTHER PETRO-
LEUM RESOURCES 
SEC. 144. PROGRAM AUTHORITY. 
(a) IN GENERAL.—The Secretary shall carry out a 
program under this part of research, development, dem-
onstration, and commercial application of technologies for 
ultra-deepwater and unconventional natural gas and other 
petroleum resource exploration and production, including 
safe operations and environmental mitigation (including 
reduction of greenhouse gas emissions and sequestration 
of carbon). 
(b) PROGRAM ELEMENTS.—The program under this 
part shall address the following areas, including improving 
safety and minimizing environmental impacts of activities 
within each area: 
(1) Ultra-deepwater technology. 
(2) Ultra-deepwater architecture. 
(3) Unconventional natural gas and other petro-
leum resource exploration and production tech-
nology.
(c) LIMITATION ON LOCATION OF FIELD ACTIVI-
TIES.—Field activities under the program under this part 
shall be carried out only—
(1) in—
(A) areas in the territorial waters of the 
United States not under any Outer Continental 
Shelf moratorium as of September 30, 2002; 
(B) areas onshore in the United States on 
public land administered by the Secretary of the 
Interior available for oil and gas leasing, where 
consistent with applicable law and land use 
plans; and 
(C) areas onshore in the United States on 
State or private land, subject to applicable law; 
and 
(2) with the approval of the appropriate Fed-
eral or State land management agency or private 
land owner. 
(d) RESEARCH AT NATIONAL ENERGY TECHNOLOGY 
LABORATORY.—The Secretary, through the National En-
ergy Technology Laboratory, shall carry out research com-
plementary to research under section 144(b)(1) through 
(3).
(e) CONSULTATION WITH SECRETARY OF THE INTE-
RIOR.—In carrying out this part, the Secretary shall con-
sult regularly with the Secretary of the Interior. 
SEC. 145. ULTRA-DEEPWATER PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out the 
activities under paragraphs (1) and (2) of section 144(b), 
to maximize the value of the ultra-deepwater natural gas 
and other petroleum resources of the United States by in-
creasing the supply of such resources and by reducing the 
cost and increasing the efficiency of exploration for and 
production of such resources, while improving safety and 
minimizing environmental impacts. 
(b) ROLE OF THE SECRETARY.—The Secretary shall 
have ultimate responsibility for, and oversight of, all as-
pects of the program under this section. 
(c) ROLE OF THE PROGRAM CONSORTIUM.—
(1) IN GENERAL.—The Secretary shall contract 
with a consortium to—
(A) manage awards pursuant to subsection 
(f)(4); 
(B) make recommendations to the Sec-
retary for project solicitations; 
(C) disburse funds awarded under sub-
section (f) as directed by the Secretary in ac-
cordance with the annual plan under subsection 
(e); and 
(D) carry out other activities assigned to 
the program consortium by this section. 
(2) LIMITATION.—The Secretary may not as-
sign any activities to the program consortium except 
as specifically authorized under this section. 
(3) CONFLICT
OF
INTEREST.—(A) The Sec-
retary shall establish procedures—
(i) to ensure that each board member, offi-
cer, or employee of the program consortium 
who is in a decisionmaking capacity under sub-
section (f)(3) or (4) shall disclose to the Sec-
retary any financial interests in, or financial re-
lationships with, applicants for or recipients of 
awards under this section, including those of 
his or her spouse or minor child, unless such re-
lationships or interests would be considered to 
be remote or inconsequential; and 
(ii) to require any board member, officer, 
or employee with a financial relationship or in-
terest disclosed under clause (i) to recuse him-
self or herself from any review under subsection 
(f)(3) or oversight under subsection (f)(4) with 
respect to such applicant or recipient.
(B) The Secretary may disqualify an applica-
tion or revoke an award under this section if a board 
member, officer, or employee has failed to comply 
with 
procedures 
required 
under 
subparagraph 
(A)(ii). 
(d) SELECTION OF THE PROGRAM CONSORTIUM.—
(1) IN GENERAL.—The Secretary shall select 
the program consortium through an open, competi-
tive process. 
(2) MEMBERS.—The program consortium may 
include corporations, institutions of higher edu-
cation, National Laboratories, or other research in-
stitutions. After submitting a proposal under para-
graph (4), the program consortium may not add 
members without the consent of the Secretary. 
(3) TAX
STATUS.—The program consortium 
shall be an entity that is exempt from tax under sec-
tion 501(c)(3) of the Internal Revenue Code of 
1986. 
(4) SCHEDULE.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall solicit proposals for the creation of the pro-
gram consortium, which must be submitted not less 
than 180 days after the date of enactment of this 
Act. The Secretary shall select the program consor-
tium not later than 240 days after such date of en-
actment. 
(5) APPLICATION.—Applicants shall submit a 
proposal including such information as the Secretary 
may require. At a minimum, each proposal shall—
(A) list all members of the consortium; 
(B) fully describe the structure of the con-
sortium, including any provisions relating to in-
tellectual property; and 
(C) describe how the applicant would carry 
out the activities of the program consortium 
under this section. 
(6) ELIGIBILITY.—To be eligible to be selected 
as the program consortium, an applicant must be an 
entity whose members collectively have demonstrated 
capabilities in planning and managing research, de-
velopment, demonstration, and commercial applica-
tion programs in natural gas or other petroleum ex-
ploration or production. 
(7) CRITERION.—The Secretary may consider 
the amount of the fee an applicant proposes to re-
ceive under subsection (g) in selecting a consortium 
under this section. 
(e) ANNUAL PLAN.—
(1) IN GENERAL.—The program under this sec-
tion shall be carried out pursuant to an annual plan 
prepared by the Secretary in accordance with para-
graph (2). 
(2) DEVELOPMENT.—(A) Before drafting an 
annual plan under this subsection, the Secretary 
shall solicit specific written recommendations from 
the program consortium for each element to be ad-
dressed in the plan, including those described in 
paragraph (4). The Secretary may request that the 
program consortium submit its recommendations in 
the form of a draft annual plan. 
(B) The Secretary shall submit the rec-
ommendations of the program consortium under 
subparagraph (A) to the Ultra-Deepwater Advisory 
Committee established under section 148(a) for re-
view, and such Advisory Committee shall provide to 
the Secretary written comments by a date deter-
mined by the Secretary. The Secretary may also so-
licit comments from any other experts. 
(C) The Secretary shall consult regularly with 
the program consortium throughout the preparation 
of the annual plan. 
(3) PUBLICATION.—The Secretary shall trans-
mit to the Congress and publish in the Federal Reg-
ister the annual plan, along with any written com-
ments received under paragraph (2)(A) and (B). 
The annual plan shall be transmitted and published 
not later than 60 days after the date of enactment 
of an Act making appropriations for a fiscal year for 
the program under this section. 
(4) CONTENTS.—The annual plan shall describe 
the ongoing and prospective activities of the pro-
gram under this section and shall include—
(A) a list of any solicitations for awards 
that the Secretary plans to issue to carry out 
research, development, demonstration, or com-
mercial application activities, including the top-
ics for such work, who would be eligible to 
apply, selection criteria, and the duration of 
awards; and 
(B) a description of the activities expected 
of the program consortium to carry out sub-
section (f)(4). 
(f) AWARDS.—
(1) IN GENERAL.—The Secretary shall make 
awards to carry out research, development, dem-
onstration, and commercial application activities 
under the program under this section. The program 
consortium shall not be eligible to receive such
awards, but members of the program consortium 
may receive such awards. 
(2) PROPOSALS.—The Secretary shall solicit 
proposals for awards under this subsection in such 
manner and at such time as the Secretary may pre-
scribe, in consultation with the program consortium. 
(3) REVIEW.—The Secretary shall make awards 
under this subsection through a competitive process, 
which shall include a review by individuals selected 
by the Secretary. Such individuals shall include, for 
each application, Federal officials, the program con-
sortium, and non-Federal experts who are not board 
members, officers, or employees of the program con-
sortium or of a member of the program consortium. 
(4) OVERSIGHT.—(A) The program consortium 
shall oversee the implementation of awards under 
this subsection, consistent with the annual plan 
under subsection (e), including disbursing funds and 
monitoring activities carried out under such awards 
for compliance with the terms and conditions of the 
awards. 
(B) Nothing in subparagraph (A) shall limit the 
authority or responsibility of the Secretary to over-
see awards, or limit the authority of the Secretary 
to review or revoke awards.
SEC. 146. UNCONVENTIONAL NATURAL GAS AND OTHER PE-
TROLEUM RESOURCES PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out ac-
tivities under section 144(b)(3), to maximize the value of 
the onshore unconventional natural gas and other petro-
leum resources of the United States by increasing the sup-
ply of such resources and by reducing the cost and increas-
ing the efficiency of exploration for and production of such 
resources, while improving safety and minimizing environ-
mental impacts. 
(b) AWARDS.—
(1) IN
GENERAL.—The Secretary shall carry 
out this section through awards made through an 
open, competitive process. 
(2) CONSORTIA.—In carrying out paragraph 
(1), the Secretary shall give preference to making 
awards to consortia. 
(c) AUDIT.—The Secretary shall retain an inde-
pendent, commercial auditor to determine the extent to 
which funds provided under awards made under this sec-
tion have been expended in a manner consistent with the 
purposes and requirements of this part. The auditor shall 
transmit a report annually to the Secretary, who shall 
transmit the report to Congress, along with a plan to rem-
edy any deficiencies cited in the report.
(d) FOCUS AREAS.—Awards under this section may 
focus on areas including advanced coal-bed methane, deep 
drilling, natural gas production from tight sands, natural 
gas production from gas shales, innovative exploration and 
production techniques, enhanced recovery techniques, and 
environmental mitigation of unconventional natural gas 
and other petroleum resources exploration and production. 
(e) ACTIVITIES BY THE UNITED STATES GEOLOGI-
CAL SURVEY.—The Secretary of the Interior, through the 
United States Geological Survey, shall, where appropriate, 
carry out programs of long-term research to complement 
the programs under this section. 
SEC. 147. ADDITIONAL REQUIREMENTS FOR AWARDS. 
(a) DEMONSTRATION PROJECTS.—An application for 
an award under this part for a demonstration project shall 
describe with specificity the intended commercial use of 
the technology to be demonstrated. 
(b) FLEXIBILITY
IN LOCATING DEMONSTRATION 
PROJECTS.—Subject to the limitation in section 144(c), 
a demonstration project under this part relating to an 
ultra-deepwater technology or an ultra-deepwater architec-
ture may be conducted in deepwater depths. 
(c) INTELLECTUAL PROPERTY AGREEMENTS.—If an 
award under this part is made to a consortium (other than 
the program consortium), the consortium shall provide to
the Secretary a signed contract agreed to by all members 
of the consortium describing the rights of each member 
to intellectual property used or developed under the award. 
(d) TECHNOLOGY TRANSFER.—Each recipient of an 
award under this part shall conduct technology transfer 
activities, as appropriate, and outreach activities pursuant 
to section 190. 
(e) COST-SHARING REDUCTION FOR INDEPENDENT 
PRODUCERS.—In applying the cost-sharing requirements 
under section 182 to an award under this part made solely 
to an independent producer of oil or gas, the Secretary 
may reduce the applicable non-Federal requirement in 
such section to a level not less than 10 percent of the cost 
of the project. 
SEC. 148. ADVISORY COMMITTEES. 
(a) ULTRA-DEEPWATER ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—Not later than 270 days 
after the date of enactment of this section, the Sec-
retary shall establish an advisory committee to be 
known as the Ultra-Deepwater Advisory Committee. 
(2) MEMBERSHIP.—The advisory committee 
under this subsection shall be composed of members 
appointed by the Secretary and including—
(A) individuals with extensive research ex-
perience or operational knowledge of offshore
natural gas and other petroleum exploration 
and production; 
(B) individuals broadly representative of 
the affected interests in ultra-deepwater natural 
gas and other petroleum production, including 
interests in environmental protection and safe 
operations; 
(C) no individuals who are Federal employ-
ees; and 
(D) no individuals who are board members, 
officers, or employees of the program consor-
tium. 
(3) DUTIES.—The advisory committee under 
this subsection shall—
(A) advise the Secretary on the develop-
ment and implementation of programs under 
this part related to ultra-deepwater natural gas 
and other petroleum resources; and 
(B) carry out section 145(e)(2)(B). 
(4) COMPENSATION.—A member of the advi-
sory committee under this subsection shall serve 
without compensation but shall receive travel ex-
penses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United States 
Code. 
(b) UNCONVENTIONAL
RESOURCES
TECHNOLOGY 
ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—Not later than 270 days 
after the date of enactment of this section, the Sec-
retary shall establish an advisory committee to be 
known as the Unconventional Resources Technology 
Advisory Committee. 
(2) MEMBERSHIP.—The advisory committee 
under this subsection shall be composed of members 
appointed by the Secretary and including—
(A) individuals with extensive research ex-
perience or operational knowledge of unconven-
tional natural gas and other petroleum resource 
exploration and production, including inde-
pendent oil and gas producers; 
(B) individuals broadly representative of 
the affected interests in unconventional natural 
gas and other petroleum resource exploration 
and production, including interests in environ-
mental protection and safe operations; and 
(C) no individuals who are Federal employ-
ees.
(3) DUTIES.—The advisory committee under 
this subsection shall advise the Secretary on the de-
velopment and implementation of activities under 
this part related to unconventional natural gas and 
other petroleum resources. 
(4) COMPENSATION.—A member of the advi-
sory committee under this subsection shall serve 
without compensation but shall receive travel ex-
penses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United States 
Code. 
(c) PROHIBITION.—No advisory committee estab-
lished under this section shall make recommendations on 
funding awards to consortia or for specific projects. 
SEC. 149. LIMITS ON PARTICIPATION. 
(a) IN GENERAL.—An entity shall be eligible to re-
ceive an award under this part only if the Secretary 
finds—
(1) that the entity’s participation in the pro-
gram under this part would be in the economic in-
terest of the United States; and 
(2) that either—
of the annual Departmental budget submission, the Sec-
retary shall report on all steps taken to implement the pol-
icy described in this subsection. 
SEC. 150. FUND. 
There is hereby established in the Treasury of the 
United States a separate fund to be known as the ‘‘Ultra-
Deepwater and Unconventional Natural Gas and Other 
Petroleum Research Fund’’. 
SEC. 151. SUNSET. 
The authority provided by this part shall terminate 
on September 30, 2010. 
SEC. 152. DEFINITIONS. 
In this section: 
(1) 
DEEPWATER.—The 
term 
‘‘deepwater’’ 
means a water depth that is greater than 200 but 
less than 1,500 meters. 
(2) PROGRAM CONSORTIUM.—The term ‘‘pro-
gram consortium’’ means the consortium selected 
under section 145(d). 
(3) REMOTE OR INCONSEQUENTIAL.—The term 
‘‘remote or inconsequential’’ has the meaning given 
that term in regulations issued by the Office of Gov-
ernment Ethics under section 208(b)(2) of title 18, 
United States Code.
(4) ULTRA-DEEPWATER.—The term ‘‘ultra-
deepwater’’ means a water depth that is equal to or 
greater than 1,500 meters. 
(5) ULTRA-DEEPWATER
ARCHITECTURE.—The 
term ‘‘ultra-deepwater architecture’’ means the inte-
gration of technologies for the exploration for, or 
production of, natural gas or other petroleum re-
sources located at ultra-deepwater depths. 
(6) ULTRA-DEEPWATER
TECHNOLOGY.—The 
term ‘‘ultra-deepwater technology’’ means a discrete 
technology that is specially suited to address one or 
more challenges associated with the exploration for, 
or production of, natural gas or other petroleum re-
sources located at ultra-deepwater depths. 
(7) UNCONVENTIONAL
NATURAL
GAS
AND 
OTHER PETROLEUM RESOURCE.—The term ‘‘uncon-
ventional natural gas and other petroleum resource’’ 
means natural gas and other petroleum resource lo-
cated onshore in an economically inaccessible geo-
logical formation. 
Subtitle F—Science 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
SEC. 161. SCIENCE. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for research, de-
velopment, demonstration, and commercial application ac-
tivities of the Office of Science, including activities author-
ized under this subtitle, including the amounts authorized 
under the amendment made by section 170(c)(2)(C)(ii), 
and including basic energy sciences, advanced scientific 
and computing research, biological and environmental re-
search, fusion energy sciences, high energy physics, nu-
clear physics, and research analysis and infrastructure 
support: 
(1) For fiscal year 2003, $3,350,000,000. 
(2) For fiscal year 2004, $3,785,000,000. 
(3) For fiscal year 2005, $4,153,000,000. 
(4) For fiscal year 2006, $4,586,000,000. 
(5) For fiscal year 2007, $5,000,000,000. 
(b) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized: 
(1) FUSION ENERGY SCIENCES.—For activities 
of the Fusion Energy Sciences Program, including 
activities under sections 162 and 163—
(A) for fiscal year 2003, $300,000,000; 
(B) for fiscal year 2004, $335,000,000; 
(C) for fiscal year 2005, $349,000,000; 
(D) for fiscal year 2006, $362,000,000; 
and 
(E) for fiscal year 2007, $377,000,000.
(2) SPALLATION NEUTRON SOURCE.—
(A) CONSTRUCTION.—For construction of 
the Spallation Neutron Source—
(i) for fiscal year 2003, $210,571,000; 
(ii) 
for 
fiscal 
year 
2004, 
$124,600,000; 
(iii) for fiscal year 2005, $79,800,000; 
and 
(iv) for fiscal year 2006, $41,100,000 
for completion of construction. 
(B) 
OTHER
PROJECT
FUNDING.—For 
other project costs (including research and de-
velopment necessary to complete the project, 
preoperations costs, and capital equipment re-
lated to construction) of the Spallation Neutron 
Source, $103,279,000 for the period encom-
passing fiscal years 2003 through 2006, to re-
main available until expended through Sep-
tember 30, 2006. 
(3) NANOSCALE
SCIENCE
AND
ENGINEERING 
RESEARCH.—
(A) TOTAL AUTHORIZATION.—For activi-
ties under section 169—
(i) for fiscal year 2003, $135,000,000;
(ii) 
for 
fiscal 
year 
2004, 
$270,000,000; 
(iii) 
for 
fiscal 
year 
2005, 
$290,000,000; 
(iv) 
for 
fiscal 
year 
2006, 
$310,000,000; and 
(v) 
for 
fiscal 
year 
2007, 
$330,000,000. 
(B) RESEARCH CENTERS AND MAJOR IN-
STRUMENTATION.—From the amounts author-
ized under subparagraph (A), the following 
sums are authorized to be appropriated to carry 
out section 169(c): 
(i) 
For 
fiscal 
year 
2004, 
$135,000,000. 
(ii) 
For 
fiscal 
year 
2005, 
$150,000,000. 
(iii) 
For 
fiscal 
year 
2006, 
$120,000,000. 
(iv) 
For 
fiscal 
year 
2007, 
$100,000,000. 
(c) LIMITS ON USE OF FUNDS.—Of the funds au-
thorized under subsection (b)(1), no funds shall be avail-
able for implementation of the plans described in sections 
162 and 163.
PART 2—FUSION ENERGY SCIENCES 
SEC. 162. PLAN FOR FUSION EXPERIMENT. 
(a) PLAN FOR UNITED STATES FUSION EXPERI-
MENT.—The Secretary, after consultation with the Fusion 
Energy Sciences Advisory Committee, shall develop a plan 
for construction in the United States of a magnetic fusion 
burning plasma experiment for the purpose of accelerating 
scientific understanding of fusion plasmas. The Secretary 
shall request a review of the plan by the National Academy 
of Sciences, and shall transmit the plan and the review 
to the Congress by July 1, 2004. 
(b) REQUIREMENTS OF PLAN.—The plan described 
in subsection (a) shall—
(1) address key burning plasma physics issues; 
and 
(2) include specific information on the scientific 
capabilities of the proposed experiment, the rel-
evance of these capabilities to the goal of practical 
fusion energy, and the overall design of the experi-
ment including its estimated cost and potential con-
struction sites. 
(c) UNITED STATES PARTICIPATION IN AN INTER-
NATIONAL EXPERIMENT.—In addition to the plan de-
scribed in subsection (a), the Secretary, after consultation 
with the Fusion Energy Sciences Advisory Committee, 
may also develop a plan for United States participation
in an international burning plasma experiment for the 
same purpose, whose construction is found by the Sec-
retary to be highly likely and where United States partici-
pation is cost effective relative to the cost and scientific 
benefits of a domestic experiment described in subsection 
(a). If the Secretary elects to develop a plan under this 
subsection, it shall include the information described in 
subsection (b), and an estimate of the cost of United 
States participation in such an international experiment. 
The Secretary shall request a review by the National 
Academy of Sciences of a plan developed under this sub-
section, and shall transmit the plan and the review to the 
Congress not later than July 1, 2004. 
(d) AUTHORIZATION OF RESEARCH AND DEVELOP-
MENT.—The Secretary, through the Office of Science, 
may conduct any research and development necessary to 
fully develop the plans described in this section. 
SEC. 163. PLAN FOR FUSION ENERGY SCIENCES PROGRAM. 
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary, after consultation with 
the Fusion Energy Sciences Advisory Committee, shall de-
velop and transmit to the Congress a plan for the purpose 
of ensuring a strong scientific base for the Fusion Energy 
Sciences Program and to enable the experiments described 
in section 162. Such plan shall include as its objectives—
(1) to ensure that existing fusion research fa-
cilities and equipment are more fully utilized with 
appropriate measurements and control tools; 
(2) to ensure a strengthened fusion science the-
ory and computational base; 
(3) to ensure that the selection of and funding 
for new magnetic and inertial fusion research facili-
ties are based on scientific innovation and cost effec-
tiveness; 
(4) to improve the communication of scientific 
results and methods between the fusion science com-
munity and the wider scientific community; 
(5) to ensure that adequate support is provided 
to optimize the design of the magnetic fusion burn-
ing plasma experiments referred to in section 162; 
(6) to ensure that inertial confinement fusion 
facilities are utilized to the extent practicable for the 
purpose of inertial fusion energy research and devel-
opment; and 
(7) to develop a fusion-based energy source. 
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, in-
cluding prior year appropriations, for the Spallation Neu-
tron 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 pre-
pare and transmit, along with the President’s budget 
request to the Congress for fiscal year 2005, a re-
port containing the strategy developed under sub-
section (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 facili-
ties 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 
necessary for each of the fiscal years 2003, 2004, and
2005 may be used to carry out research in the use of pre-
cious metals (excluding platinum, palladium, and rho-
dium) in catalysis. 
SEC. 169. NANOSCALE SCIENCE AND ENGINEERING RE-
SEARCH. 
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Office of Science, shall support a program of 
research, development, demonstration, and commercial ap-
plication in nanoscience and nanoengineering. The pro-
gram shall include efforts to further the understanding of 
the chemistry, physics, materials science, and engineering 
of phenomena on the scale of 1 to 100 nanometers. 
(b) DUTIES OF THE OFFICE OF SCIENCE.—In car-
rying out the program under this section, the Office of 
Science shall—
(1) support both individual investigators and 
teams of investigators, including multidisciplinary 
teams; 
(2) carry out activities under subsection (c); 
(3) support technology transfer activities to 
benefit industry and other users of nanoscience and 
nanoengineering; and 
(4) coordinate research and development activi-
ties with industry and other Federal agencies.
100
(c) NANOSCIENCE
AND
NANOENGINEERING
RE-
SEARCH CENTERS AND MAJOR INSTRUMENTATION.—
(1) IN
GENERAL.—The Secretary shall carry 
out projects to develop, plan, construct, acquire, op-
erate, or support special equipment, instrumenta-
tion, or facilities for investigators conducting re-
search 
and 
development 
in 
nanoscience 
and 
nanoengineering. 
(2) PROJECTS.—Projects under paragraph (1) 
may include the measurement of properties at the 
scale of 1 to 100 nanometers, manipulation at such 
scales, and the integration of technologies based on 
nanoscience or nanoengineering into bulk materials 
or other technologies. 
(3) FACILITIES.—Facilities under paragraph 
(1) may include electron microcharacterization facili-
ties, microlithography facilities, scanning probe fa-
cilities, and related instrumentation. 
(4) COLLABORATION.—The Secretary shall en-
courage collaborations among institutions of higher 
education, laboratories, and industry at facilities 
under this subsection.
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 ad-
vantage 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 in-
terest; 
(3) enhance national collaboratory and net-
working capabilities by developing software to inte-
grate geographically separated researchers into ef-
fective research teams and to facilitate access to and 
movement and analysis of large (petabyte) data sets;
102
(4) maintain a robust scientific computing 
hardware infrastructure to ensure that the com-
puting resources needed to address departmental 
missions are available; and 
(5) explore new computing approaches and 
technologies that promise to advance scientific com-
puting. 
(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 
systems)’’; 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 De-
velopment Program, the Secretary of Energy
103
shall conduct basic and applied research in net-
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 
Program’’; and 
(C) in subsection (e)—
(i) by striking ‘‘(1)’’; 
(ii) by striking ‘‘the Program’’ and all 
that follows through ‘‘fiscal year 1996’’ 
and inserting ‘‘carrying out this section 
$285,000,000 
for 
fiscal 
year 
2003, 
$300,000,000 
for 
fiscal 
year 
2004, 
$310,000,000 for fiscal year 2005, and 
$320,000,000 for fiscal year 2006’’; and 
(iii) by striking paragraph (2).
104
(d) COORDINATION.—The Secretary shall ensure that 
the program under this section is integrated and con-
sistent with—
(1) the Accelerated Strategic Computing Initia-
tive of the National Nuclear Security Administra-
tion; and 
(2) other national efforts related to advanced 
scientific 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 Of-
fice of Science, shall transmit a report to the Congress 
describing—
(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 
private 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 
required by that paragraph is transmitted to the Congress.
105
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 2003, $5,000,000. 
(2) For fiscal year 2004, $5,000,000. 
(3) For fiscal year 2005, $6,000,000. 
(4) For fiscal year 2006, $6,000,000. 
(5) 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 2003. 
SEC. 172. UNITED STATES-MEXICO ENERGY TECHNOLOGY 
COOPERATION. 
(a) PROGRAM.—The Secretary shall establish a re-
search, development, demonstration, and commercial ap-
plication program to be carried out in collaboration with 
entities in Mexico and the United States to promote en-
ergy efficient, environmentally sound economic develop-
ment along the United States-Mexico border.
106
(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 
Department. 
(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. 
SEC. 173. WASTE REDUCTION AND USE OF ALTERNATIVES. 
(a) GRANT AUTHORITY.—The Secretary is author-
ized to make a single grant to a qualified institution to 
examine and develop the feasibility of burning post-con-
sumer carpet in cement kilns as an alternative energy 
source. The purposes of the grant shall include deter-
mining—
(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 
relevant environmental impacts; and
107
(4) how this process provides benefits to both 
cement kiln operations and carpet suppliers. 
(b) QUALIFIED INSTITUTION.—For the purposes of 
subsection (a), a qualified institution is a research-inten-
sive institution of higher education with demonstrated ex-
pertise in the fields of fiber recycling and logistical mod-
eling of carpet waste collection and preparation. 
SEC. 174. COAL GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for a project to produce energy from a plant using 
integrated gasification combined cycle technology of at 
least 400 megawatts in capacity that produces power at 
competitive rates in deregulated energy generation mar-
kets and that does not receive any subsidy (direct or indi-
rect) from ratepayers. 
SEC. 175. PETROLEUM COKE GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees 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.
108
SEC. 177. TECHNOLOGY TRANSFER. 
There are authorized to be appropriated to the Sec-
retary $1,000,000 for a competitively awarded contract, 
to an entity with offshore oil and gas management experi-
ence, for the transfer of technologies relating to ultra-
deepwater research and development developed at the 
Naval Surface Warfare Center, Carderock Division. 
SEC. 178. 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 
Secretary determines, including interest rates and upfront 
payments. 
Subtitle H—Management 
SEC. 181. AVAILABILITY OF FUNDS. 
Funds authorized to be appropriated to the Depart-
ment under this title shall remain available until expended. 
SEC. 182. COST SHARING. 
(a) RESEARCH AND DEVELOPMENT.—Except as oth-
erwise provided in this title, for research and development 
programs carried out under this title, the Secretary shall 
require a commitment from non-Federal sources of at 
least 20 percent of the cost of the project. The Secretary 
may reduce or eliminate the non-Federal requirement
109
under this subsection if the Secretary determines that the 
research and development is of a basic or fundamental na-
ture. 
(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. 183. 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.
110
SEC. 184. EXTERNAL TECHNICAL REVIEW OF DEPART-
MENTAL PROGRAMS. 
(a) NATIONAL ENERGY RESEARCH AND DEVELOP-
MENT ADVISORY BOARDS.—(1) The Secretary shall estab-
lish one or more advisory boards to review Department 
research, development, demonstration, and commercial ap-
plication programs in the following areas: 
(A) Energy efficiency. 
(B) Renewable energy. 
(C) Nuclear energy. 
(D) Fossil energy. 
(2) The Secretary may designate an existing advisory 
board within the Department to fulfill the responsibilities 
of an advisory board under this subsection, and may enter 
into appropriate arrangements with the National Academy 
of Sciences to establish such an advisory board. 
(b) UTILIZATION OF EXISTING COMMITTEES.—The 
Secretary shall continue to use the scientific program advi-
sory committees chartered under the Federal Advisory 
Committee Act by the Office of Science to oversee research 
and development programs under that Office. 
(c) MEMBERSHIP.—Each advisory board under this 
section shall consist of persons with appropriate expertise 
representing a diverse range of interests. 
(d) MEETINGS
AND
PURPOSES.—Each advisory 
board under this section shall meet at least semi-annually
111
to review and advise on the progress made by the respec-
tive research, development, demonstration, and commer-
cial application program or programs. The advisory board 
shall also review the measurable cost and performance-
based goals for such programs as established under sec-
tion 102, and the progress on meeting such goals. 
(e) PERIODIC REVIEWS
AND ASSESSMENTS.—The 
Secretary shall enter into appropriate arrangements with 
the National Academy of Sciences to conduct periodic re-
views and assessments of the programs authorized by this 
title, the measurable cost and performance-based goals for 
such programs as established under section 102, if any, 
and the progress on meeting such goals. Such reviews and 
assessments shall be conducted every 5 years, or more 
often as the Secretary considers necessary, and the Sec-
retary shall transmit to the Congress reports containing 
the results of all such reviews and assessments. 
SEC. 185. IMPROVED COORDINATION OF TECHNOLOGY 
TRANSFER ACTIVITIES. 
(a) TECHNOLOGY TRANSFER COORDINATOR.—The 
Secretary shall designate a Technology Transfer Coordi-
nator to perform oversight of and policy development for 
technology transfer activities at the Department. The 
Technology Transfer Coordinator shall coordinate the ac-
tivities of the Technology Transfer Working Group, and
112
shall oversee the expenditure of funds allocated to the 
Technology Transfer Working Group, and shall coordinate 
with each technology partnership ombudsman appointed 
under section 11 of the Technology Transfer Commer-
cialization Act of 2000 (42 U.S.C. 7261c). 
(b) TECHNOLOGY TRANSFER WORKING GROUP.—
The Secretary shall establish a Technology Transfer 
Working Group, which shall consist of representatives of 
the National Laboratories and single-purpose research fa-
cilities, to— 
(1) coordinate technology transfer activities oc-
curring at National Laboratories and single-purpose 
research facilities; 
(2) exchange information about technology 
transfer practices, including alternative approaches 
to resolution of disputes involving intellectual prop-
erty rights and other technology transfer matters; 
and 
(3) develop and disseminate to the public and 
prospective technology partners information about 
opportunities and procedures for technology transfer 
with the Department, including those related to al-
ternative approaches to resolution of disputes involv-
ing intellectual property rights and other technology 
transfer matters.
113
(c) TECHNOLOGY
TRANSFER
RESPONSIBILITY.—
Nothing in this section shall affect the technology transfer 
responsibilities of Federal employees under the Stevenson-
Wydler Technology Innovation Act of 1980. 
SEC. 186. TECHNOLOGY INFRASTRUCTURE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a Technology Infrastructure Program in accordance with 
this section. 
(b) PURPOSE.—The purpose of the Technology Infra-
structure Program shall be to improve the ability of Na-
tional Laboratories and single-purpose research facilities 
to support departmental missions by— 
(1) stimulating the development of technology 
clusters that can support departmental missions at 
the National Laboratories or single-purpose research 
facilities; 
(2) improving the ability of National Labora-
tories and single-purpose research facilities to lever-
age and benefit from commercial research, tech-
nology, products, processes, and services; and 
(3) encouraging the exchange of scientific and 
technological expertise between National Labora-
tories or single-purpose research facilities and— 
(A) institutions of higher education; 
(B) technology-related business concerns;
114
(C) nonprofit institutions; and 
(D) agencies of State, tribal, or local gov-
ernments, 
that can support departmental missions at the Na-
tional Laboratories or single-purpose research facili-
ties. 
(c) PROJECTS.—The Secretary shall authorize the 
Director of each National Laboratory or single-purpose re-
search facility to implement the Technology Infrastructure 
Program at such National Laboratory or facility through 
projects that meet the requirements of subsections (d) and 
(e). 
(d) PROGRAM REQUIREMENTS.—Each project funded 
under this section shall meet the following requirements: 
(1) MINIMUM
PARTICIPANTS.—Each project 
shall at a minimum include one of the following enti-
ties: 
(A) A business. 
(B) An institution of higher education. 
(C) A nonprofit institution. 
(D) An agency of a State, local, or tribal 
government. 
(2) COST SHARING.— 
(A) MINIMUM AMOUNT.—Not less than 50 
percent of the costs of each project funded
115
under this section shall be provided from non-
Federal sources. 
(B) 
QUALIFIED
FUNDING
AND
RE-
SOURCES.—(i) The calculation of costs paid by 
the non-Federal sources to a project shall in-
clude cash, personnel, services, equipment, and 
other resources expended on the project. 
(ii) Independent research and development 
expenses of Government contractors that qual-
ify for reimbursement under section 31–205–
18(e) of the Federal Acquisition Regulations 
issued pursuant to section 25(c)(1) of the Of-
fice of Federal Procurement Policy Act (41 
U.S.C. 421(c)(1)) may be credited towards 
costs paid by non-Federal sources to a project, 
if the expenses meet the other requirements of 
this section. 
(iii) No funds or other resources expended 
either before the start of a project under this 
section or outside the project’s scope of work 
shall be credited toward the costs paid by the 
non-Federal sources to the project. 
(3) COMPETITIVE
SELECTION.—All projects 
under this section shall be competitively selected 
using procedures determined by the Secretary.
116
(4) ACCOUNTING STANDARDS.—Any participant 
that receives funds under this section may use gen-
erally accepted accounting principles for maintaining 
accounts, books, and records relating to the project. 
(5) LIMITATIONS.—No Federal funds shall be 
made available under this section for— 
(A) construction; or 
(B) any project for more than 5 years. 
(e) SELECTION CRITERIA.— 
(1) THRESHOLD FUNDING CRITERIA.—The Sec-
retary shall allocate funds under this section only if 
the Director of the National Laboratory or single-
purpose research facility managing the project deter-
mines that the project is likely to improve the ability 
of the National Laboratory or single-purpose re-
search facility to achieve technical success in meet-
ing departmental missions. 
(2) ADDITIONAL
CRITERIA.—The Secretary 
shall consider the following criteria in selecting a 
project to receive Federal funds: 
(A) The potential of the project to succeed, 
based on its technical merit, team members, 
management approach, resources, and project 
plan.
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(B) The potential of the project to promote 
the development of a commercially sustainable 
technology cluster, which will derive most of the 
demand for its products or services from the 
private sector, and which will support depart-
mental missions at the participating National 
Laboratory or single-purpose research facility. 
(C) The potential of the project to promote 
the use of commercial research, technology, 
products, processes, and services by the partici-
pating National Laboratory or single-purpose 
research facility to achieve its departmental 
mission or the commercial development of tech-
nological innovations made at the participating 
National Laboratory or single-purpose research 
facility. 
(D) The commitment shown by non-Fed-
eral organizations to the project, based pri-
marily on the nature and amount of the finan-
cial and other resources they will risk on the 
project. 
(E) The extent to which the project in-
volves a wide variety and number of institutions 
of higher education, nonprofit institutions, and 
technology-related business concerns that can
118
support the missions of the participating Na-
tional Laboratory or single-purpose research fa-
cility and that will make substantive contribu-
tions to achieving the goals of the project. 
(F) The extent of participation in the 
project by agencies of State, tribal, or local gov-
ernments that will make substantive contribu-
tions to achieving the goals of the project. 
(G) The extent to which the project fo-
cuses on promoting the development of tech-
nology-related business concerns that are small 
businesses or involves such small businesses 
substantively in the project. 
(H) Such other criteria as the Secretary 
determines to be appropriate. 
(f) ALLOCATION.—In allocating funds for projects 
approved under this section, the Secretary shall provide—
(1) the Federal share of the project costs; and 
(2) additional funds to the National Laboratory 
or single-purpose research facility managing the 
project to permit the National Laboratory or single-
purpose research facility to carry out activities relat-
ing to the project, and to coordinate such activities 
with the project.
119
(g) REPORT TO CONGRESS.—Not later than January 
1, 2005, the Secretary shall report to Congress on whether 
the Technology Infrastructure Program should be contin-
ued and, if so, how the program should be managed. 
(h) DEFINITIONS.—In this section: 
(1) TECHNOLOGY CLUSTER.—The term ‘‘tech-
nology cluster’’ means a group of— 
(A) technology-related business concerns; 
(B) institutions of higher education; or 
(C) other nonprofit institutions, 
that reinforce each other’s performance in the areas 
of technology development through formal or infor-
mal relationships. 
(2) TECHNOLOGY-RELATED
BUSINESS
CON-
CERN.—The term ‘‘technology-related business con-
cern’’ means a for-profit corporation, company, asso-
ciation, firm, partnership, or small business concern 
that— 
(A) conducts scientific or engineering re-
search; 
(B) develops new technologies; 
(C) manufactures products based on new 
technologies; or 
(D) performs technological services.
120
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for ac-
tivities under this section $10,000,000 for each of fiscal 
years 2003 and 2004. 
SEC. 187. SMALL BUSINESS ADVOCACY AND ASSISTANCE. 
(a) SMALL BUSINESS ADVOCATE.—The Secretary 
shall require the Director of each National Laboratory, 
and may require the Director of a single-purpose research 
facility, to designate a small business advocate to— 
(1) increase the participation of small business 
concerns, including socially and economically dis-
advantaged small business concerns, in procurement, 
collaborative research, technology licensing, and 
technology transfer activities conducted by the Na-
tional Laboratory or single-purpose research facility; 
(2) report to the Director of the National Lab-
oratory or single-purpose research facility on the ac-
tual participation of small business concerns in pro-
curement and collaborative research along with rec-
ommendations, if appropriate, on how to improve 
participation; 
(3) make available to small business concerns 
training, mentoring, and clear, up-to-date informa-
tion on how to participate in the procurement and 
collaborative research, including how to submit effec-
121
tive proposals, and information related to alternative 
approaches to resolution of disputes involving intel-
lectual property rights and other technology transfer 
matters; 
(4) increase the awareness inside the National 
Laboratory or single-purpose research facility of the 
capabilities and opportunities presented by small 
business concerns; and 
(5) establish guidelines for the program under 
subsection (b) and report on the effectiveness of 
such program to the Director of the National Lab-
oratory or single-purpose research facility. 
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall require the Direc-
tor of each National Laboratory, and may require the Di-
rector of a single-purpose research facility, to establish a 
program to provide small business concerns— 
(1) assistance directed at making them more ef-
fective and efficient subcontractors or suppliers to 
the National Laboratory or single-purpose research 
facility; or 
(2) general technical assistance, the cost of 
which shall not exceed $10,000 per instance of as-
sistance, to improve the small business concern’s 
products or services.
128
(2) The table of contents for the Department of En-
ergy Organization Act (42 U.S.C. 7101 note) is amend-
ed— 
(A) by striking ‘‘Section 209’’ and inserting 
‘‘Sec. 209’’; 
(B) by striking ‘‘213.’’ and inserting ‘‘Sec. 
213.’’; 
(C) by striking ‘‘214.’’ and inserting ‘‘Sec. 
214.’’; 
(D) by striking ‘‘215.’’ and inserting ‘‘Sec. 
215.’’; and 
(E) by striking ‘‘216.’’ and inserting ‘‘Sec. 
216.’’. 
TITLE III—CLEAN SCHOOL 
BUSES 
SEC. 301. ESTABLISHMENT OF PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Administrator of the Environmental 
Protection Agency, shall establish a pilot program for 
awarding grants on a competitive basis to eligible entities 
for the demonstration and commercial application of alter-
native fuel school buses and ultra-low sulfur diesel school 
buses. 
(b) REQUIREMENTS.—Not later than 3 months after 
the date of the enactment of this Act, the Secretary shall