[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Reported in House (RH)]
Union Calendar No. 94
108th CONGRESS
1st Session
H. R. 238
[Report No. 108-128, Part I]
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
within the jurisdiction of the committee concerned
May 22, 2003
Reported from the Committee on Science with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 22, 2003
Referral to the Committee on Resources extended for a period ending not
later than June 27, 2003
June 27, 2003
Committee on Resources discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
8, 2003]
_______________________________________________________________________
A BILL
To provide for Federal energy research, development, demonstration, and
commercial application activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Research,
Development, Demonstration, and Commercial Application Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Goals.
Sec. 4. Definitions.
TITLE I--RESEARCH AND DEVELOPMENT
Subtitle A--Energy Efficiency
Part 1--Authorization of Appropriations
Sec. 104. Energy efficiency.
Part 2--Lighting Systems
Sec. 105. Next Generation Lighting Initiative.
Part 3--Buildings
Sec. 106. National Building Performance Initiative.
Sec. 106A. Electric motor control technology.
Part 4--Vehicles
Sec. 107. Definitions.
Sec. 108. Establishment of secondary electric vehicle battery use
program.
Part 5--Energy Efficiency Science Initiative
Sec. 110. Energy Efficiency Science Initiative.
Part 6--Advanced Energy Technology Transfer Centers
Sec. 110A. Advanced energy technology transfer centers.
Subtitle B--Distributed Energy and Electric Energy Systems
Part 1--Authorization of Appropriations
Sec. 111. Distributed energy and electric energy systems.
Sec. 111A. Demonstration and field test.
Part 2--Distributed Power
Sec. 112. Strategy.
Sec. 113. High power density industry program.
Sec. 114. Micro-cogeneration energy technology.
Part 3--Transmission Systems
Sec. 115. Transmission infrastructure systems research, development,
demonstration, and commercial application.
Part 4--General Provisions
Sec. 116. Definitions.
Sec. 117. Voluntary consensus standards.
Subtitle C--Renewable Energy
Part 1--Authorization of Appropriations
Sec. 121. Renewable energy.
Part 2--Bioenergy
Sec. 122. Bioenergy programs.
Part 3--Miscellaneous Projects
Sec. 126. Miscellaneous projects.
Sec. 127. Renewable energy in public buildings.
Subtitle D--Nuclear Energy
Part 1--Authorization of Appropriations
Sec. 131. Nuclear energy.
Part 2--Nuclear Energy Research Programs
Sec. 132. Nuclear energy research programs.
Part 3--Advanced Fuel Recycling
Sec. 133. Advanced fuel recycling program.
Part 4--University Programs
Sec. 134. University nuclear science and engineering support.
Part 5--Geological Isolation of Spent Fuel
Sec. 135. Geological isolation of spent fuel.
Subtitle E--Fossil Energy
Part 1--Authorization of Appropriations
Sec. 141. Fossil energy.
Part 2--Research Programs
Sec. 142. Fossil energy research programs.
Sec. 143. Research and development for coal mining technologies.
Part 3--Ultra-deepwater and Unconventional Natural Gas and Other
Petroleum Resources
Sec. 144. Program authority.
Sec. 145. Ultra-deepwater program.
Sec. 146. Unconventional natural gas and other petroleum resources
program.
Sec. 147. Additional requirements for awards.
Sec. 148. Advisory committees.
Sec. 149. Limits on participation.
Sec. 150. Fund.
Sec. 150A. Transfer of advanced oil and gas exploration and production
technologies.
Sec. 151. Sunset.
Sec. 152. Definitions.
Subtitle F--Science
Part 1--Authorization of Appropriations
Sec. 161. Science.
Part 2--Fusion Energy Sciences
Sec. 161A. ITER.
Sec. 162. Plan for fusion experiment.
Sec. 163. Plan for fusion energy sciences program.
Part 3--Spallation Neutron Source
Sec. 164. Definition.
Sec. 165. Report.
Sec. 166. Limitations.
Part 4--Miscellaneous
Sec. 167. Facility and infrastructure support for nonmilitary energy
laboratories.
Sec. 168. Research regarding precious metal catalysis.
Sec. 169. Nanotechnology research and development.
Sec. 170. Advanced scientific computing for energy missions.
Sec. 170A. Nitrogen fixation.
Part 5--Genomes to Life
Sec. 170B. Genomes to Life.
Sec. 170C. Department of Energy Science and Technology Scholarship
Program.
Subtitle G--Energy and Environment
Sec. 171. Authorization of appropriations.
Sec. 172. United States-Mexico energy technology cooperation.
Sec. 173. Waste reduction and use of alternatives.
Sec. 174. Coal gasification.
Sec. 175. Petroleum coke gasification.
Sec. 176. Other biopower and bioenergy.
Sec. 177. Coal technology loan.
Sec. 178. Fuel cell test center.
Subtitle H--Hydrogen
Sec. 181. Short title.
Sec. 182. Matsunaga Act amendment.
Sec. 183. Repeal of Hydrogen Future Act of 1996.
Subtitle I--Management
Sec. 184. Availability of funds.
Sec. 185. Cost sharing.
Sec. 186. Merit review of proposals.
Sec. 187. External technical review of departmental programs.
Sec. 188. Improved coordination of technology transfer activities.
Sec. 189. Small business advocacy and assistance.
Sec. 190. Mobility of scientific and technical personnel.
Sec. 191. National Academy of Sciences report.
Sec. 192. Outreach.
Sec. 193. Limits on use of funds.
Sec. 194. Reprogramming.
Sec. 195. Construction with other laws.
Sec. 196. University collaboration.
Sec. 197. Federal laboratory educational partners.
Sec. 198. Interagency cooperation.
TITLE II--DEPARTMENT OF ENERGY MANAGEMENT
Sec. 201. Improved coordination and management of civilian science and
technology programs.
Sec. 202. Report on equal employment opportunity practices.
Sec. 203. External regulation of Department of Energy.
TITLE III--CLEAN SCHOOL BUSES
Sec. 301. Establishment of pilot program.
Sec. 302. Fuel cell bus development and demonstration program.
Sec. 303. Diesel retrofit program.
Sec. 304. Authorization of appropriations.
TITLE IV--ALTERNATIVE FUELED AND ADVANCED VEHICLES
Sec. 401. Definitions.
Sec. 402. Pilot program.
Sec. 403. Reports to Congress.
Sec. 404. Fuel cell transit bus demonstration.
Sec. 405. Authorization of appropriations.
TITLE V--CLEAN COAL
Sec. 501. Authorization of appropriations.
Sec. 502. Project criteria.
Sec. 503. Report.
Sec. 504. Clean coal centers of excellence.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) contribute to a national energy strategy through an
energy research and development program that supports basic
energy research and provides mechanisms to develop,
demonstrate, and promote the commercial application of new
energy technologies in partnership with industry;
(2) protect and strengthen the Nation's economy, standard
of living, and national security by reducing 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 improve the efficiency of
energy end uses and that enhance 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 future markets for
advanced energy technologies.
SEC. 3. GOALS.
(a) In General.--In order to achieve the purposes of this Act, the
Secretary shall conduct a balanced set of programs of energy research,
development, demonstration, and commercial application, guided by the
following goals:
(1) Energy efficiency.--
(A) Buildings.--Develop, in partnership with
industry, technologies, designs, and production methods
that will enable an average 25 percent increase by 2010
in the energy efficiency of all new buildings, as
compared to a new building in 1996.
(B) Industry.--Develop, in partnership with
industry, technologies, designs, and production methods
that will enable the energy intensity of the major
energy-consuming industries 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
automobiles 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 2020, meeting the goal described in
section 103(a)(2) of the Spark M. Matsunaga
Hydrogen Research, Development, and
Demonstration Act of 1990.
(2) Distributed energy and electric energy systems.--
(A) Distributed generation.--Develop, in
partnership with industry, technologies based on
natural gas that achieve electricity generating
efficiencies greater than 40 percent by 2015 for on-
site, or distributed, generation technologies.
(B) Electric energy systems and storage.--Develop,
in partnership with industry--
(i) technologies for generators and
transmission, distribution, and storage systems
that combine high capacity with high efficiency
(particularly for electric transmission
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 electric
power systems;
(iv) high-temperature superconducting
materials for power delivery equipment such as
transmission and distribution cables,
transformers, and generators; and
(v) real-time transmission and distribution
system control technologies that provide for
continual exchange of information between
generation, transmission, distribution, and
end-user facilities.
(3) Renewable energy.--
(A) Wind power.--Develop, in partnership with
industry, technologies and designs that will--
(i) reduce the cost of wind power by 40
percent by 2012 as compared to 2000; and
(ii) expand utilization of class 3 and 4
winds.
(B) Photovoltaics.--Develop, in partnership with
industry, total photovoltaic systems with installed
costs of $5,000 per peak kilowatt by 2005 and $2000 per
peak kilowatt by 2015.
(C) Solar thermal systems.--Develop, in partnership
with industry, solar power technologies (including
baseload solar power) that combine high-efficiency and
high-temperature receivers with advanced thermal
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 systems and advanced heat and
power systems, including geothermal or ground source
heat pump technology, with a specific focus on--
(i) improving exploration and
characterization technology to increase the
probability of drilling successful wells from
20 percent to 40 percent by 2010;
(ii) reducing the cost of drilling by 2008
to an average cost of $225 per foot;
(iii) developing enhanced geothermal
systems technology with the potential to double
the usable geothermal resource base, as compared to the date of
enactment of this Act; and
(iv) reducing the cost of installing the
ground loop of ground-source heat pumps by 30
percent by 2007 compared to the cost in 2000.
(E) Biomass-based power systems.--Develop, in
partnership with industry, integrated power generating
systems, advanced conversion, 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 (F).
(F) Biofuels.--Develop, in partnership with
industry, new and emerging technologies and
biotechnology processes capable of making--
(i) gaseous and liquid biofuels that are
price-competitive, by 2010, with gasoline 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.
(G) Hydropower.--Develop, in partnership with
industry, a new generation of turbine technologies that
will increase generating capacity and be less damaging
to fish and aquatic ecosystems.
(4) Fossil energy.--
(A) Power generation.--Develop, in partnership with
industry, technologies, including precombustion
technologies, by 2015 with the capability of
realizing--
(i) electricity generating efficiencies of
75 percent (lower heating value) for natural
gas; and
(ii) widespread commercial application of
combined heat and power with thermal
efficiencies of more than 85 percent (higher
heating value).
(B) Offshore oil and gas resources.--Develop, in
partnership with industry, technologies to--
(i) extract methane hydrates in coastal
waters of the United States; and
(ii) develop natural gas and oil reserves
in the ultra-deepwater of the Central 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-deepwater
resources; and
(II) sub-sea production technology
used for such recovery.
(C) Onshore oil and gas resources.--Advance the
science and technology available to domestic onshore
petroleum producers, particularly independent producers
of oil or gas, through--
(i) advances in technology for exploration
and production of domestic petroleum resources,
particularly those not accessible with current
technology;
(ii) improvement in the ability to extract
hydrocarbons (including heavy oil) from known
reservoirs and classes of reservoirs; and
(iii) development of technologies and
practices that reduce the impact on the
environment from petroleum exploration and
production.
(D) Transportation fuels.--Increase the
availability of transportation fuels by focusing
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 research 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 generation
of radioactive materials and improve the
management of nuclear waste.
(C) Nuclear scientists and engineers.--Attract new
students and faculty to the nuclear sciences, nuclear
engineering, and related fields (including health
physics, nuclear medicine, nuclear chemistry, and
radiochemistry).
(6) Hydrogen.--Carry out the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990.
(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 proposing
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 subparagraph (A), and after
consideration of any public comments received, the Secretary
shall publish the final modifications, including a summary of
the public 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 (6) of
subsection (a), or any subsequent modification 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. 4. DEFINITIONS.
For purposes of this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Departmental mission.--The term ``departmental
mission'' means any of the functions vested in the Secretary of
Energy by the Department of Energy Organization Act (42 U.S.C.
7101 et seq.) or other law.
(3) Independent producer of oil or gas.--
(A) In general.--The term ``independent producer of
oil or gas'' means any person who produces oil or gas
other than a person to whom subsection (c) of section
613A of the Internal Revenue Code of 1986 does not
apply by reason of paragraph (2) (relating to certain
retailers) or paragraph (4) (relating to certain
refiners) of section 613A(d) of such Code.
(B) Rules for applying paragraphs (2) and (4) of
section 613a(d).--For purposes of subparagraph (A),
paragraphs (2) and (4) of section 613A(d) of the
Internal Revenue Code of 1986 shall be applied by
substituting ``calendar year'' for ``taxable year''
each place it appears in such paragraphs.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Joint venture.--The term ``joint venture'' has the
meaning given that term under section 2 of the National
Cooperative Research and Production Act of 1993 (15 U.S.C.
4301).
(6) National laboratory.--The term ``National Laboratory''
means any of the following laboratories 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 Environmental
Laboratory.
(F) Lawrence Berkeley National Laboratory.
(G) Lawrence Livermore National Laboratory.
(H) Los Alamos National Laboratory.
(I) National Energy Technology Laboratory.
(J) National Renewable Energy Laboratory.
(K) Oak Ridge National Laboratory.
(L) Pacific Northwest National Laboratory.
(M) Princeton Plasma Physics Laboratory.
(N) Sandia National Laboratories.
(O) Thomas Jefferson National Accelerator 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 Laboratory.
(F) Oak Ridge National Laboratory.
(G) Pacific Northwest National Laboratory.
(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) Fernald Environmental Management Project.
(C) Kansas City Plant.
(D) Nevada Test Site.
(E) New Brunswick Laboratory.
(F) Pantex Weapons Facility.
(G) Savannah River Technology Center.
(H) Stanford Linear Accelerator Center.
(I) Y-12 facility at Oak Ridge National Laboratory.
(J) Waste Isolation Pilot Plant.
(K) Any other similar organization of the
Department designated by the Secretary that engages in
technology transfer, partnering, or licensing
activities.
TITLE I--RESEARCH AND DEVELOPMENT
Subtitle A--Energy Efficiency
PART 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 104. ENERGY EFFICIENCY.
(a) In General.--The following sums are authorized to be
appropriated to the Secretary for energy efficiency and conservation
research, development, demonstration, and commercial application
activities, including activities authorized under this subtitle:
(1) For fiscal year 2004, $616,000,000.
(2) For fiscal year 2005, $695,000,000.
(3) For fiscal year 2006, $772,000,000.
(4) 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,
$50,000,000 for each of fiscal years 2004 through 2007.
(2) Electric motor control technology.--For activities
under section 106A, $2,000,000 for each of fiscal years 2004
through 2007.
(3) Secondary electric vehicle battery use program.--For
activities under section 108--
(A) for fiscal year 2004, $4,000,000;
(B) for fiscal year 2005, $7,000,000;
(C) for fiscal year 2006, $7,000,000; and
(D) for fiscal year 2007, $7,000,000.
(4) Energy efficiency science initiative.--For activities
under section 110--
(A) for fiscal year 2004, $20,000,000;
(B) for fiscal year 2005, $25,000,000;
(C) for fiscal year 2006, $30,000,000; and
(D) for fiscal year 2007, $35,000,000.
(c) Extended Authorization.--There are authorized 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 energy
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 Conservation 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, demonstration, and commercial application
activities related to advanced 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 fluorescent 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 surfaces; 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
competitive 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 manufacturing 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 consortium.
(B) To receive a grant, the consortium must provide a
description to the Secretary of the proposed research and list
the parties that will receive funding.
(C) Grants shall be matched by the consortium pursuant to
section 185.
(5) National laboratories.--National Laboratories may
participate in the research described in this section, and may
receive funds from the consortium.
(6) Intellectual property.--Participants in the consortium
and the Federal Government shall have royalty-free nonexclusive
rights to use intellectual property derived from research
funded pursuant to this subsection.
(d) Development, Demonstration, and Commercial Application.--The
Secretary shall carry out the development, demonstration, and
commercial application 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 consortium selected pursuant to
subsection (c).
(e) Plans and Assessments.--(1) The consortium shall formulate an
annual operating plan which shall include research priorities,
technical milestones, and plans for technology transfer, and which
shall be subject to approval 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 independent, commercial
auditor to perform an audit of the consortium to determine the extent
to which the funds authorized 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 Initiative 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 processes.
(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 Department and the Department
of Commerce, who shall jointly arrange for the provision of necessary
administrative support to the group.
(b) Integration of Efforts.--The Initiative, working with the
National Institute of Building Sciences, shall integrate Federal,
State, and voluntary private sector efforts to reduce the costs of
construction, operation, maintenance, and renovation of commercial,
industrial, institutional, 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 Federal role in the Initiative. The plan
shall be based on whole building principles and 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, government 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 related to use and conservation of energy.
(e) Advisory Committee.--
(1) Establishment.--The Director of the Office of Science
and Technology Policy shall establish an advisory committee
to--
(A) analyze and provide recommendations on
potential private sector roles and participation 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 industrial
sectors of the construction industry.
(f) Construction.--Nothing in this section provides any Federal
agency with new authority to regulate building performance.
SEC. 106A. ELECTRIC MOTOR CONTROL TECHNOLOGY.
The Secretary shall conduct a research, development, demonstration,
and commercial application program on advanced control devices to
improve the energy efficiency of electric motors used in heating,
ventilation, air conditioning, and comparable systems.
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 necessary to enable the use
of the energy stored in the batteries.
SEC. 108. ESTABLISHMENT OF SECONDARY ELECTRIC VEHICLE BATTERY USE
PROGRAM.
(a) Program.--The Secretary shall establish and conduct a research,
development, demonstration, and commercial application program for the
secondary use of batteries. Such program shall be--
(1) designed to demonstrate the use of batteries in
secondary application, including utility and commercial power
storage and power quality;
(2) structured to evaluate the performance, including
useful service life and costs, of such batteries in field
operations, and evaluate the necessary supporting
infrastructure, including reuse and disposal 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 infrastructure in geographic locations throughout the United
States. The Secretary may make additional solicitations for proposals
if the Secretary determines that such solicitations are necessary to
carry out this section.
(2)(A) Proposals submitted in response to a solicitation under this
section shall include--
(i) a description of the project, including the batteries
to be used in the project, the proposed locations and
applications for the batteries, the number 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 supporting
infrastructure to be demonstrated; and
(iv) any other information the Secretary considers
appropriate.
(B) If the proposal includes a lease arrangement, the proposal
shall indicate the terms of such lease arrangement for the batteries
and associated equipment.
(c) Selection of Proposals.--(1)(A) The Secretary 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 financial 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 successfully 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 viability 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 intended
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 considers
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 information regarding the
operation, maintenance, performance, and use of the batteries,
and the proposer provide such information to the battery
manufacturer, for 3 years after the beginning of the
demonstration project;
(B) the proposer provide to the Secretary such information
regarding the operation, maintenance, performance, and use of
the batteries as the Secretary 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 proposer 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.
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 responsibility 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 Office of
Science, for grants to be competitively awarded and subject to peer
review for research relating to energy efficiency.
(b) Report.--The Secretary shall submit to the Congress, 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.
PART 6--ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS
SEC. 110A. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
(a) Grants.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall make grants to nonprofit
institutions, State and local governments, or universities (or
consortia thereof), to establish a nationwide network of at least 10
Advanced Energy Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services of such
Centers.
(b) Activities.--(1) Each Center shall operate a program to
encourage demonstration and commercial application of advanced energy
methods and technologies through education and outreach to building and
industrial professionals, and to other individuals and organizations
with an interest in efficient energy use.
(2) Each Center shall establish an advisory panel to advise the
Center on how best to accomplish the activities under paragraph (1).
(c) Application.--A person seeking a grant under this section shall
submit to the Secretary an application in such form and containing such
information as the Secretary may require. The Secretary may award a
grant under this section to an entity already in existence if the
entity is otherwise eligible under this section.
(d) Selection Criteria.--The Secretary shall award grants under
this section on the basis of the following criteria, at a minimum:
(1) The ability of the applicant to carry out the
activities in subsection (b).
(2) The extent to which the applicant will coordinate the
activities of the Center with other entities, such as State and
local governments, utilities, and educational and research
institutions.
(e) Matching Funds.--The Secretary shall require a non-Federal
matching requirement of at least 50 percent of the costs of
establishing and operating each Center.
(f) Advisory Committee.--The Secretary shall establish an advisory
committee to advise the Secretary on the establishment of Centers under
this section. The advisory committee shall be composed of individuals
with expertise in the area of advanced energy methods and technologies,
including at least 1 representative from--
(1) State or local energy offices;
(2) energy professionals;
(3) trade or professional associations;
(4) architects, engineers, or construction professionals;
(5) manufacturers;
(6) the research community; and
(7) nonprofit energy or environmental organizations.
(g) Definitions.--For purposes of this section--
(1) the term ``advanced energy methods and technologies''
means all methods and technologies that promote energy
efficiency and conservation, including distributed generation
technologies, and life-cycle analysis of energy use;
(2) the term ``Center'' means an Advanced Energy Technology
Transfer Center established pursuant to this section; and
(3) the term ``distributed generation'' means an electric
power generation facility that is designed to serve retail
electric consumers at or near the facility site.
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 authorized to be
appropriated to the Secretary for distributed energy and electric
energy systems activities, including activities authorized under this
subtitle:
(1) For fiscal year 2004, $190,000,000.
(2) For fiscal year 2005, $200,000,000.
(3) For fiscal year 2006, $220,000,000.
(4) For fiscal year 2007, $240,000,000.
(b) Micro-Cogeneration Energy Technology.--From amounts authorized
under subsection (a), the following sums shall be available for
activities under section 114:
(1) For fiscal year 2004, $5,000,000.
(2) For fiscal year 2005, $5,500,000.
(3) For fiscal year 2006, $6,000,000.
(4) For fiscal year 2007, $6,500,000.
SEC. 111A. DEMONSTRATION AND FIELD TEST.
The Secretary shall conduct a demonstration and field test of
distributed generation systems. Such test shall be conducted in both
geographically concentrated and dispersed regions and shall define the
full range of communications and control system needs in distributed
generation systems. This test should be used to identify future
research priorities and the scale-up challenges necessary to meet the
Department's goals for distributed energy over the next 10 years.
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 comprehensive research, development, demonstration, and
commercial application program to develop hybrid distributed power
systems that combine--
(1) one or more renewable electric power generation
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 barriers 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, development,
demonstration, and commercial application on related
technologies needed for the adoption of such hybrid distributed
power systems, including energy storage devices and
environmental control technologies;
(4) include research, development, demonstration, and
commercial application of interconnection technologies for
communications and controls of distributed generation
architectures, particularly technologies promoting real-time
response to power market information and physical conditions on
the electrical grid; and
(5) 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 research,
development, demonstration, and commercial application 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
improvement in thermal controls, metering, load management, peak load
reduction, or the efficient cooling of electronics.
SEC. 114. MICRO-COGENERATION ENERGY TECHNOLOGY.
The Secretary shall make competitive, merit-based grants to
consortia for the development of micro-cogeneration 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 RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION.
(a) Program Authorized.--The Secretary shall develop and implement
a comprehensive research, development, 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 technology
development;
(3) technologies contributing to significant load
reductions;
(4) advanced metering, load management, and control
technologies;
(5) technologies to enhance existing grid components;
(6) the development and use of high-temperature
superconductors to--
(A) enhance the reliability, operational
flexibility, or power-carrying capability of electric
transmission or distribution systems; or
(B) increase the efficiency of electric energy
generation, transmission, distribution, or storage
systems;
(7) integration of power systems, including systems to
deliver high-quality electric power, electric power
reliability, and combined heat and power;
(8) any other infrastructure technologies, as appropriate;
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 consultation 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 program plan, the Secretary shall consult with utilities,
energy services providers, manufacturers, institutions of higher
education, other appropriate State and local agencies, environmental
organizations, professional and technical societies, and any other
persons the Secretary considers appropriate.
(c) Report.--Not later than 2 years after the transmittal 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 resources needed to continue the development
and commercial application of transmission infrastructure technologies.
PART 4--GENERAL PROVISIONS
SEC. 116. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``hybrid distributed power system'' means a
system using 2 or more distributed power sources, operated
together with associated supporting equipment, including
storage equipment, and software necessary to provide electric
power onsite and to an electric distribution system; and
(2) the term ``distributed power source'' means an
independent electric energy source of usually 10 megawatts or
less located close to a residential, commercial, or industrial
load center, including--
(A) reciprocating engines;
(B) turbines;
(C) microturbines;
(D) fuel cells;
(E) solar electric systems;
(F) wind energy systems;
(G) biopower systems;
(H) geothermal power systems; or
(I) combined heat and power systems.
SEC. 117. VOLUNTARY CONSENSUS STANDARDS.
In a manner consistent with the National Technology Transfer
Advancement Act, the Secretary, in consultation with the National
Institute of Standards and Technology, shall work with the Institute of
Electrical and Electronic Engineers and other standards development
organizations to take all appropriate steps toward the development,
promulgation, and implementation of voluntary consensus standards for
distributed energy systems for use in manufacturing and using equipment
and systems for connection with electric distribution systems, for
obtaining electricity from, or providing electricity to, such systems.
Subtitle C--Renewable Energy
PART 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 121. RENEWABLE ENERGY.
(a) In General.--The following sums are authorized to be
appropriated to the Secretary for renewable energy research,
development, demonstration, and commercial application activities,
including activities authorized under this subtitle:
(1) For fiscal year 2004, $380,000,000.
(2) For fiscal year 2005, $420,000,000.
(3) For fiscal year 2006, $460,000,000.
(4) For fiscal year 2007, $499,000,000.
(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 2004, $135,425,000.
(2) For fiscal year 2005, $155,600,000.
(3) For fiscal year 2006, $167,650,000.
(4) For fiscal year 2007, $180,000,000.
(c) Public Buildings.--From the amounts authorized under subsection
(a), $30,000,000 for each of the fiscal years 2004 through 2007 are
authorized to be appropriated to carry out section 127.
(d) 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 carrying 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 energy technologies to assist in delivering
electricity to rural and remote locations.
(4) Regional field verification.--Of the funds authorized
under subsection (a), not less than $4,000,000 for each fiscal
year shall be made available for the Regional Field
Verification Program of the Department.
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--MISCELLANEOUS PROJECTS
SEC. 126. MISCELLANEOUS PROJECTS.
(a) Programs.--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 technologies with
one another and with other energy technologies, including the
combined use of wind power and coal gasification technologies;
and
(3) hydrogen carrier fuels.
(b) Study.--(1) The Secretary shall enter into an arrangement with
the National Academy of Sciences to conduct a study on--
(A) the feasibility of various methods of renewable
generation of energy from the ocean, including energy from
waves, tides, currents, and thermal gradients; and
(B) the research, development, demonstration, and
commercial application activities required to make marine
renewable energy generation competitive with other forms of
electricity generation.
(2) Not later than 1 year after the date of the enactment of this
Act, the Secretary shall transmit the study to the Congress along with
the Secretary's recommendations for implementing the results of the
study.
SEC. 127. RENEWABLE ENERGY IN PUBLIC BUILDINGS.
(a) Demonstration and Technology Transfer Program.--The Secretary
shall establish a program for the demonstration of innovative
technologies for solar and other renewable energy sources in buildings
owned or operated by a State or local government, and for the
dissemination of information resulting from such demonstration to
interested parties.
(b) Limit on Federal Funding.--The Secretary shall provide under
this section no more than 40 percent of the incremental costs of the
solar or other renewable energy source project funded.
(c) Requirement.--As part of the application for awards under this
section, the Secretary shall require all applicants--
(1) to demonstrate a continuing commitment to the use of
solar and other renewable energy sources in buildings they own
or operate; and
(2) to state how they expect any award to further their
transition to the significant use of renewable energy.
Subtitle D--Nuclear Energy
PART 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 131. NUCLEAR ENERGY.
(a) In General.--The following sums are authorized to be
appropriated to the Secretary for nuclear energy research, development,
demonstration, and commercial application activities, including
activities authorized under this subtitle:
(1) For fiscal year 2004, $388,000,000.
(2) For fiscal year 2005, $416,000,000.
(3) For fiscal year 2006, $445,000,000.
(4) For fiscal year 2007, $474,000,000.
(b) Allocations.--From amounts authorized under subsection (a), the
following sums are authorized:
(1) Nuclear infrastructure support.--For activities under
section 132(f)--
(A) for fiscal year 2004, $125,000,000;
(B) for fiscal year 2005, $130,000,000;
(C) for fiscal year 2006, $135,000,000; and
(D) for fiscal year 2007, $140,000,000.
(2) Advanced fuel recycling program.--For activities under
section 133--
(A) for fiscal year 2004, $80,000,000;
(B) for fiscal year 2005, $93,000,000;
(C) for fiscal year 2006, $106,000,000; and
(D) for fiscal year 2007, $120,000,000.
(3) University programs.--For activities under section
134--
(A) for fiscal year 2004, $35,200,000, of which--
(i) $3,000,000 shall be for activities
under subsection (b)(1) of that section;
(ii) $4,275,000 shall be for activities
under subsection (b)(2) of that section;
(iii) $8,000,000 shall be for activities
under subsection (b)(3) of that section;
(iv) $500,000 shall be for activities under
subsection (b)(5) of that section;
(v) $7,000,000 shall be for activities
under subsection (c)(1) of that section;
(vi) $700,000 shall be for activities under
subsection (c)(2) of that section;
(vii) $10,000,000 shall be for activities
under subsection (c)(3) of that section;
(viii) $1,000,000 shall be for activities
under subsection (d)(1) of that section; and
(ix) $725,000 shall be for activities under
subsection (d)(2) of that section;
(B) for fiscal year 2005, $44,350,000, of which--
(i) $3,100,000 shall be for activities
under subsection (b)(1) of that section;
(ii) $6,275,000 shall be for activities
under subsection (b)(2) of that section;
(iii) $12,000,000 shall be for activities
under subsection (b)(3) of that section;
(iv) $550,000 shall be for activities under
subsection (b)(5) of that section;
(v) $7,500,000 shall be for activities
under subsection (c)(1) of that section;
(vi) $1,100,000 shall be for activities
under subsection (c)(2) of that section;
(vii) $12,000,000 shall be for activities
under subsection (c)(3) of that section;
(viii) $1,100,000 shall be for activities
under subsection (d)(1) of that section; and
(ix) $725,000 shall be for activities under
subsection (d)(2) of that section;
(C) for fiscal year 2006, $49,200,000, of which--
(i) $3,200,000 shall be for activities
under subsection (b)(1) of that section;
(ii) $7,150,000 shall be for activities
under subsection (b)(2) of that section;
(iii) $13,000,000 shall be for activities
under subsection (b)(3) of that section;
(iv) $600,000 shall be for activities under
subsection (b)(5) of that section;
(v) $8,000,000 shall be for activities
under subsection (c)(1) of that section;
(vi) $1,200,000 shall be for activities
under subsection (c)(2) of that section;
(vii) $14,000,000 shall be for activities
under subsection (c)(3) of that section;
(viii) $1,200,000 shall be for activities
under subsection (d)(1) of that section; and
(ix) $850,000 shall be for activities under
subsection (d)(2) of that section; and
(D) for fiscal year 2007, $54,950,000, of which--
(i) $3,200,000 shall be for activities
under subsection (b)(1) of that section;
(ii) $8,150,000 shall be for activities
under subsection (b)(2) of that section;
(iii) $15,000,000 shall be for activities
under subsection (b)(3) of that section;
(iv) $650,000 shall be for activities under
subsection (b)(5) of that section;
(v) $8,500,000 shall be for activities
under subsection (c)(1); of that section;
(vi) $1,300,000 shall be for activities
under subsection (c)(2) of that section;
(vii) $16,000,000 shall be for activities
under subsection (c)(3) of that section;
(viii) $1,300,000 shall be for activities
under subsection (d)(1) of that section; and
(ix) $850,000 shall be for activities under
subsection (d)(2) of that section.
(4) Geological isolation of spent fuel.--For activities
under section 135--
(A) for fiscal year 2004, $7,000,000;
(B) for fiscal year 2005, $8,000,000;
(C) for fiscal year 2006, $9,000,000; and
(D) for fiscal year 2007, $10,000,000.
(c) Limit on Use of Funds.--None of the funds authorized under this
section may be used for decommissioning 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 Initiative for research and development
related to nuclear energy.
(b) Nuclear Energy Plant Optimization Program.--The Secretary shall
carry out a Nuclear Energy Plant Optimization Program to support
research and development activities addressing reliability,
availability, productivity, and component aging in existing nuclear
power plants.
(c) Nuclear Power 2010 Program.--The Secretary shall carry out a
Nuclear Power 2010 Program, consistent with recommendations in the
October 2001 report entitled ``A Roadmap to Deploy New Nuclear Power
Plants in the United States by 2010'' issued by the Nuclear Energy
Research Advisory Committee of the Department. The Program shall--
(1) rely on the expertise and capabilities of the National
Laboratories in the areas of advanced nuclear fuels cycles and
fuels testing;
(2) pursue an approach that considers a variety of reactor
designs;
(3) include participation of international collaborators in
research, development, and design efforts 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 overall technology plan and to support research and
development necessary to make an informed technical decision about the
most promising candidates for eventual commercial application. The
Initiative shall examine advanced proliferation-resistant and passively
safe reactor designs, including designs that--
(1) are economically competitive with other electric power
generation plants;
(2) have higher efficiency, lower cost, and improved 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) Nuclear Production of Hydrogen.--Pursuant to the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act of
1990, as amended by subtitle H of this Act, the Secretary shall carry
out a program of research, development, demonstration, and commercial
application on various approaches to nuclear production of hydrogen.
(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 infrastructure, 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 Director of the Office
of Nuclear Energy, Science and Technology, shall conduct an advanced
fuel recycling technology research and development program to evaluate
proliferation-resistant fuel recycling and transmutation technologies
which minimize environmental or public health and safety impacts as an
alternative to aqueous reprocessing 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 activities 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 ENGINEERING 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 fellowship
program to attract new and talented students;
(2) establish a Junior Faculty Research Initiation 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 Engineering Education Research
Program;
(4) encourage collaborative nuclear research among
industry, National Laboratories, and institutions of higher
education through the Nuclear Energy Research Initiative; and
(5) support communication and outreach related to nuclear
science and engineering.
(c) Strengthening University Research and Training Reactors and
Associated Infrastructure.--Activities under this section may include--
(1) converting research reactors currently using high-
enrichment fuels to low-enrichment fuels, upgrading operational
instrumentation, and sharing of reactors among institutions of
higher education;
(2) providing technical assistance, in collaboration with
the United States nuclear industry, in relicensing and
upgrading training reactors as part of a student training
program; and
(3) providing funding, through the Innovations in Nuclear
Infrastructure and Education Program, for reactor improvements
as part of a focused effort that emphasizes research, training,
and education.
(d) University-National Laboratory Interactions.--The Secretary
shall develop--
(1) a sabbatical fellowship program for professors at
institutions of higher education to spend extended periods of
time at National Laboratories in the areas of nuclear science
and technology; and
(2) a visiting scientist program in which National
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.--Funding for a research
project provided under this section may be used to offset a portion of
the operating and maintenance costs of a research reactor at an
institution of higher education used in the research project.
PART 5--GEOLOGICAL ISOLATION OF SPENT FUEL
SEC. 135. GEOLOGICAL ISOLATION OF SPENT FUEL.
(a) In General.--The Secretary shall establish a program to
determine the feasibility of deep borehole disposal of spent nuclear
fuel and high-level radioactive waste. The program shall emphasize
geological, chemical, and hydrological characterization of, and design
of engineered structures for, deep borehole environments.
(b) Plan.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall transmit to the Congress a plan for the
program under this section, including milestones for achieving the
purpose of the program.
(c) Final Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to the Congress a
final report on the findings of the program under this section.
Subtitle E--Fossil Energy
PART 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 141. FOSSIL ENERGY.
(a) In General.--The following sums are authorized to be
appropriated to the Secretary for fossil energy research, development,
demonstration, and commercial application activities, other than those
described in subsection (b), including activities authorized under this
subtitle but not including activities authorized under title V:
(1) For fiscal year 2004, $530,000,000.
(2) For fiscal year 2005, $556,000,000.
(3) For fiscal year 2006, $583,000,000.
(4) For fiscal year 2007, $611,000,000.
No less than 60 percent of the amount appropriated for each fiscal year
under this subsection shall be available for activities related to the
coal research program under section 142(a).
(b) Ultra-Deepwater and Unconventional Resources.--
(1) Oil and gas lease income.--For each of fiscal years
2004 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
Unconventional 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 transferred under section 27(a)(3) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1353(a)(3)).
Monies in the Fund shall be available to the Secretary 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, including--
(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 allocated as follows:
(A) 67.5 percent shall be for ultra-deepwater
natural gas and other petroleum activities under
section 145;
(B) 22.5 percent shall be for unconventional
natural gas and other petroleum resource activities
under section 146; and
(C) 10 percent shall be for research complementary
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 2004 through 2007.
(2) Coal mining technologies.--For activities 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 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 2004 through 2007.
(d) Extended Authorization.--There are authorized 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 authorized under this
section may be used for--
(A) Fossil Energy Environmental Restoration; 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 Secretary 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) Not later than 6 months after the date of enactment of this
Act, the Secretary shall transmit 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, demonstration, and commercial application on oil
and gas, including--
(1) exploration and production;
(2) gas hydrates;
(3) reservoir life and extension;
(4) transportation and distribution infrastructure;
(5) ultraclean fuels;
(6) heavy oil and oil shale; and
(7) environmental research.
(c) Fuel Cells.--(1) In coordination with the programs described in
the Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990, as amended by subtitle H of this Act, the
Secretary shall conduct a program of research, development,
demonstration, and commercial application on fuel cells for low-cost,
high-efficiency, fuel-flexible, modular power systems.
(2) The demonstrations shall include fuel cell proton exchange
membrane technology for commercial, residential, and transportation
applications, and distributed generation systems, utilizing improved
manufacturing production 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 Secretary of the Interior, in consultation with other
appropriate Federal agencies, shall transmit a report to the Congress
of the latest estimates of natural gas and oil reserves, reserves
growth, and undiscovered resources in Federal and State waters off the
coast of Louisiana and Texas.
(e) Technology Transfer.--To the maximum extent practicable,
existing technology transfer mechanisms shall be used to implement oil
and gas exploration and production technology transfer programs.
SEC. 143. RESEARCH AND DEVELOPMENT FOR COAL MINING TECHNOLOGIES.
(a) Establishment.--The Secretary shall carry out a program of
research and development on coal mining technologies. The Secretary
shall cooperate with appropriate 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 activities carried out
under this section shall--
(1) be based on the mining research and development
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 institutions of
higher education.
PART 3--ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER
PETROLEUM RESOURCES
SEC. 144. PROGRAM AUTHORITY.
(a) In General.--The Secretary shall carry out a program under this
part of research, development, demonstration, 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 petroleum resource
exploration and production technology.
(c) Limitation on Location of Field Activities.--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 Federal or State
land management agency or private land owner.
(d) Research at National Energy Technology Laboratory.--The
Secretary, through the National Energy Technology Laboratory, shall
carry out research complementary to research under subsection (b).
(e) Consultation With Secretary of the Interior.--In carrying out
this part, the Secretary shall consult 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 increasing 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 aspects 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 Secretary for
project solicitations;
(C) disburse funds awarded under subsection (f) as
directed by the Secretary in accordance 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 assign any
activities to the program consortium except as specifically
authorized under this section.
(3) Conflict of interest.--(A) The Secretary shall
establish procedures--
(i) to ensure that each board member, officer, or
employee of the program consortium who is in a
decisionmaking capacity under subsection (f)(3) or (4)
shall disclose to the Secretary any financial interests
in, or financial relationships with, applicants for or
recipients of awards under this section, including
those of his or her spouse or minor child, unless such
relationships 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 interest
disclosed under clause (i) to recuse himself 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 application 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, competitive process.
(2) Members.--The program consortium may include
corporations, institutions of higher education, National
Laboratories, or other research institutions. After submitting
a proposal under paragraph (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 section 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 program consortium, which must be
submitted not less than 180 days after the date of enactment of
this Act. The Secretary shall select the program consortium not
later than 240 days after such date of enactment.
(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 consortium,
including any provisions relating to intellectual
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, development, demonstration, and
commercial application programs in natural gas or other
petroleum exploration or production.
(7) Criterion.--The Secretary may consider the amount of
the fee an applicant proposes to receive under subsection (g)
in selecting a consortium under this section.
(e) Annual Plan.--
(1) In general.--The program under this section shall be
carried out pursuant to an annual plan prepared by the
Secretary in accordance with paragraph (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 addressed 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 recommendations of the
program consortium under subparagraph (A) to the Ultra-
Deepwater Advisory Committee established under section 148(a)
for review, and such Advisory Committee shall provide to the
Secretary written comments by a date determined by the
Secretary. The Secretary may also solicit 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 transmit to the
Congress and publish in the Federal Register the annual plan,
along with any written comments 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 program 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 commercial application
activities, including the topics 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 subsection (f)(4).
(f) Awards.--
(1) In general.--The Secretary shall make awards to carry
out research, development, demonstration, 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 prescribe, 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 consortium, and non-Federal experts who
are not board members, officers, or employees of the program
consortium 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 oversee awards, or limit
the authority of the Secretary to review or revoke awards.
(C) The Secretary shall provide to the program consortium
the information necessary for the program consortium to carry
out its responsibilities under this paragraph.
(g) Fee.--
(1) In general.--To compensate the program consortium for
carrying out its activities under this section, the Secretary
shall provide to the program consortium a fee in an amount not
to exceed 7.5 percent of the amounts awarded under subsection
(f) for each fiscal year.
(2) Advance.--The Secretary shall advance funds to the
program consortium upon selection of the consortium, which
shall be deducted from amounts to be provided under paragraph
(1).
(h) Audit.--The Secretary shall retain an independent, commercial
auditor to determine the extent to which funds provided to the program
consortium, and funds provided under awards made under subsection (f),
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 remedy any deficiencies cited in the report.
SEC. 146. UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCES
PROGRAM.
(a) In General.--The Secretary shall carry out activities under
section 144(b)(3), to maximize the value of the onshore unconventional
natural gas and other petroleum resources of the United States by
increasing 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) 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 independent, commercial
auditor to determine the extent to which funds provided under awards
made under this section 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 remedy 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 Geological 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
architecture 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 192.
(e) Cost-Sharing Reduction for Independent Producers.--In applying
the cost-sharing requirements under section 185 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 Secretary 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 experience
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 employees; and
(D) no individuals who are board members, officers,
or employees of the program consortium.
(3) Duties.--The advisory committee under this subsection
shall--
(A) advise the Secretary on the development 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 advisory committee under
this subsection shall serve without compensation but shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter 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 Secretary 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 experience
or operational knowledge of unconventional natural gas
and other petroleum resource exploration and
production, including independent 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 environmental protection and
safe operations; and
(C) no individuals who are Federal employees.
(3) Duties.--The advisory committee under this subsection
shall advise the Secretary on the development and
implementation of activities under this part related to
unconventional natural gas and other petroleum resources.
(4) Compensation.--A member of the advisory committee under
this subsection shall serve without compensation but shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(c) Prohibition.--No advisory committee established 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 receive an award
under this part only if the Secretary finds--
(1) that the entity's participation in the program under
this part would be in the economic interest of the United
States; and
(2) that either--
(A) the entity is a United States-owned entity
organized under the laws of the United States; or
(B) the entity is organized under the laws of the
United States and has a parent entity organized under
the laws of a country which affords--
(i) to United States-owned entities
opportunities, comparable to those afforded to
any other entity, to participate in any
cooperative research venture similar to those
authorized under this part;
(ii) to United States-owned entities local
investment opportunities comparable to those
afforded to any other entity; and
(iii) adequate and effective protection for
the intellectual property rights of United
States-owned entities.
(b) Sense of Congress and Report.--It is the Sense of the Congress
that ultra-deepwater technology developed under this part is to be
developed primarily for production of ultra-deepwater natural gas and
other petroleum resources of the United States, and that this priority
is to be reflected in the terms of grants, contracts, and cooperative
agreements entered under this part. As part of the annual Departmental
budget submission, the Secretary shall report on all steps taken to
implement the policy 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. 150A. TRANSFER OF ADVANCED OIL AND GAS EXPLORATION AND PRODUCTION
TECHNOLOGIES.
(a) Assessment.--The Secretary shall review technology programs
throughout the Federal Government to assess the suitability of
technologies developed thereunder for use in ultradeep drilling
research, development, demonstration, and commercial application.
(b) Technology Transfer.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a solicitation seeking
organizations knowledgeable of the technology needs of the ultradeep
drilling industry. The Secretary shall select the most qualified
applicant to manage a program to transfer technologies the Secretary
determines suitable under subsection (a) to appropriate entities. The
organization selected under section 145(d) shall not be eligible for
selection under this subsection.
(c) Funding.--From the funds available under section 141(b)(3)(C),
$1,000,000 shall be available to carry out this section in each of the
fiscal years 2004 through 2007.
SEC. 151. SUNSET.
The authority provided by this part shall terminate on September
30, 2010.
SEC. 152. DEFINITIONS.
In this part:
(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 ``program 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 Government 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 integration of technologies
for the exploration for, or production of, natural gas or other
petroleum resources 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 resources located at ultra-deepwater depths.
(7) Unconventional natural gas and other petroleum
resource.--The term ``unconventional natural gas and other
petroleum resource'' means natural gas and other petroleum
resource located onshore in an economically inaccessible
geological formation.
Subtitle F--Science
PART 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 161. SCIENCE.
(a) In General.--The following sums are authorized to be
appropriated to the Secretary for research, development, demonstration,
and commercial application activities of the Office of Science,
including activities authorized under this subtitle, including the
amounts authorized under the amendment made by section 170(c)(2)(C),
and including basic energy sciences, advanced scientific and computing
research, biological and environmental research, fusion energy
sciences, high energy physics, nuclear physics, and research analysis
and infrastructure support:
(1) For fiscal year 2004, $3,785,000,000.
(2) For fiscal year 2005, $4,153,000,000.
(3) For fiscal year 2006, $4,618,000,000.
(4) For fiscal year 2007, $5,310,000,000.
(b) Allocations.--From amounts authorized under subsection (a), the
following sums are authorized:
(1) Fusion energy sciences.--(A) For the Fusion Energy
Sciences Program, excluding activities under sections 161A and
162--
(i) for fiscal year 2004, $276,000,000;
(ii) for fiscal year 2005, $300,000,000;.
(iii) for fiscal year 2006, $340,000,000; and
(iv) for fiscal year 2007, $350,000,000.
(B) For activities under section 161A and for the project
described in section 162--
(i) for fiscal year 2004, $12,000,000;
(ii) for fiscal year 2005, $20,000,000;
(iii) for fiscal year 2006, $50,000,000; and
(iv) for fiscal year 2007, $75,000,000.
(2) Spallation neutron source.--
(A) Construction.--For construction of the
Spallation Neutron Source--
(i) for fiscal year 2004, $124,600,000;
(ii) for fiscal year 2005, $79,800,000; and
(iii) for fiscal year 2006, $41,100,000 for
completion of construction.
(B) Other project funding.--For other project costs
(including research and development necessary to
complete the project, preoperations costs, and capital
equipment related to construction) of the Spallation
Neutron Source, $103,279,000 for the period
encompassing fiscal years 2003 through 2006, to remain
available until expended through September 30, 2006.
(3) Nanotechnology research and development.--For
activities under section 169--
(A) for fiscal year 2004, $265,000,000;
(B) for fiscal year 2005, $292,000,000;
(C) for fiscal year 2006, $322,000,000; and
(D) for fiscal year 2007, $355,000,000.
(4) Genomes to life.--
(A) Total authorization.--For activities under
section 170B--
(i) $100,000,000 for fiscal year 2004; and
(ii) such sums as may be necessary for
fiscal years 2005 through 2007.
(B) User facilities and ancillary equipment.--From
the amounts authorized under subparagraph (A), the
following sums are authorized to be appropriated to
carry out section 170B(e)--
(i) $16,000,000 for fiscal year 2004; and
(ii) such sums as may be necessary for
fiscal years 2005 through 2007.
(5) Science and technology scholarship program.--For
activities under section 170C--
(A) for fiscal year 2004, $800,000;
(B) for fiscal year 2005, $1,600,000;
(C) for fiscal year 2006, $2,000,000; and
(D) for fiscal year 2007, $2,000,000.
(c) Limits on Use of Funds.--Of the funds authorized under
subsection (b)(1), no funds shall be available for implementation of
the plan described in section 162.
PART 2--FUSION ENERGY SCIENCES
SEC. 161A. ITER.
(a) In General.--The United States is authorized to participate in
ITER in accordance with the provisions of this section.
(b) Agreement.--(1) The Secretary is authorized to negotiate an
agreement for United States participation in ITER.
(2) Any agreement for United States participation in ITER shall, at
a minimum--
(A) clearly define the United States financial contribution
to construction and operating costs;
(B) ensure that the share of ITER's high-technology
components manufactured in the United States is at least
proportionate to the United States financial contribution to
ITER;
(C) ensure that the United States will not be financially
responsible for cost overruns in components manufactured in
other ITER participating countries;
(D) guarantee the United States full access to all data
generated by ITER;
(E) enable United States researchers to propose and carry
out an equitable share of the experiments at ITER;
(F) provide the United States with a role in all collective
decisionmaking related to ITER; and
(G) describe the process for discontinuing or
decommissioning ITER and any United States role in those
processes.
(c) Plan.--The Secretary, in consultation with the Fusion Energy
Sciences Advisory Committee, shall develop a plan for the participation
of United States scientists in ITER that shall include the United
States research agenda for ITER, methods to evaluate whether ITER is
promoting progress toward making fusion a reliable and affordable
source of power, and a description of how work at ITER will relate to
other elements of the United States fusion program. The Secretary shall
request a review of the plan by the National Academy of Sciences.
(d) Limitation.--No funds shall be expended for the construction of
ITER until the Secretary has transmitted to the Congress--
(1) the agreement negotiated pursuant to subsection (b) and
120 days have elapsed since that transmission;
(2) a report describing the management structure of ITER
and providing a fixed dollar estimate of the cost of United
States participation in the construction of ITER, and 120 days
have elapsed since that transmission;
(3) a report describing how United States participation in
ITER will be funded without reducing funding for other programs
in the Office of Science, including other fusion programs, and
60 days have elapsed since that transmission; and
(4) the plan required by subsection (c) (but not the
National Academy of Sciences review of that plan), and 60 days
have elapsed since that transmission.
(e) Definitions.--In this section--
(1) the term ``construction'' means the physical
construction of the ITER facility, and the physical
construction, purchase, or manufacture of equipment or
components that are specifically designed for the ITER
facility, but does not mean the design of the facility,
equipment, or components; and
(2) the term ``ITER'' means the international burning
plasma fusion research project in which the President announced
United States participation on January 30, 2003.
SEC. 162. PLAN FOR FUSION EXPERIMENT.
(a) In General.--If at any time during the negotiations on ITER,
the Secretary determines that construction and operation of ITER is
unlikely or infeasible, the Secretary shall send to Congress, as part
of the budget request for the following year, a plan for implementing
the domestic burning plasma experiment known as FIRE, including costs
and schedules for such a plan. The Secretary shall refine such plan in
full consultation with the Fusion Energy Sciences Advisory Committee
and shall also transmit such plan to the National Academy of Sciences
for review.
(b) Definitions.--As used in this section--
(1) the term ``ITER'' has the meaning given that term in
section 161A; and
(2) the term ``FIRE'' means the Fusion Ignition Research
Experiment, the fusion research experiment for which design
work has been supported by the Department as a possible
alternative burning plasma experiment in the event that ITER
fails to move forward.
SEC. 163. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.
(a) Declaration of Policy.--It shall be the policy of the United
States to conduct research, development, demonstration, and commercial
application to provide for the scientific, engineering, and commercial
infrastructure necessary to ensure that the United States is
competitive with other nations in providing fusion energy for its own
needs and the needs of other nations, including by demonstrating
electric power or hydrogen production for the United States energy grid
utilizing fusion energy at the earliest date possible.
(b) Fusion Energy Plan.--
(1) In general.--Within 6 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a plan for carrying out the policy set forth in subsection (a),
including cost estimates, proposed budgets, potential
international partners, and specific programs for implementing
such policy.
(2) Requirements of plan.--Such plan shall also ensure
that--
(A) existing fusion research facilities are more
fully utilized;
(B) fusion science, technology, theory, advanced
computation, modeling, and simulation are strengthened;
(C) new magnetic and inertial fusion research
facilities are selected based on scientific innovation,
cost effectiveness, and their potential to advance the
goal of practical fusion energy at the earliest date
possible;
(D) such facilities that are selected are funded at
a cost-effective rate;
(E) communication of scientific results and methods
between the fusion energy science community and the
broader scientific and technology communities is
improved;
(F) inertial confinement fusion facilities are
utilized to the extent practicable for the purpose of
inertial fusion energy research and development; and
(G) attractive alternative inertial and magnetic
fusion energy approaches are more fully explored.
(3) Report on fusion materials and technology project.--In
addition, the plan required by this subsection shall also
address the status of, and to the degree possible, the costs
and schedules for--
(A) the design and implementation of international
or national facilities for the testing of fusion
materials; and
(B) the design and implementation of international
or national facilities for the testing and development
of key fusion technologies.
PART 3--SPALLATION NEUTRON SOURCE
SEC. 164. DEFINITION.
For the purposes of this part, the term ``Spallation Neutron
Source'' means Department Project 99-E-334, Oak Ridge National
Laboratory, Oak Ridge, Tennessee.
SEC. 165. REPORT.
The Secretary shall report on the Spallation Neutron Source as part
of the Department's annual budget submission, including a description
of the achievement of milestones, 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, including prior year
appropriations, for the Spallation Neutron Source may not exceed--
(1) $1,192,700,000 for costs of construction;
(2) $219,000,000 for other project costs; and
(3) $1,411,700,000 for total project cost.
PART 4--MISCELLANEOUS
SEC. 167. FACILITY AND INFRASTRUCTURE SUPPORT FOR NONMILITARY ENERGY
LABORATORIES.
(a) Facility Policy.--The Secretary shall develop and implement a
strategy for the nonmilitary energy laboratories and facilities of the
Office of Science. Such strategy shall provide a cost-effective means
for--
(1) maintaining existing facilities and infrastructure, as
needed;
(2) closing unneeded facilities;
(3) making facility modifications; and
(4) building new facilities.
(b) Report.--
(1) Transmittal.--The Secretary shall prepare and transmit,
along with the President's budget request to the Congress for
fiscal year 2005, a report containing the strategy developed
under subsection (a).
(2) Contents.--For each nonmilitary energy laboratory and
facility, such report shall contain--
(A) the current priority list of proposed
facilities and infrastructure projects, including cost
and schedule requirements;
(B) a current ten-year plan that demonstrates the
reconfiguration of its facilities and infrastructure to
meet its missions and to address its long-term
operational costs and return on investment;
(C) the total current budget for all facilities and
infrastructure funding; and
(D) the current status of each facilities and
infrastructure project compared to the original
baseline cost, schedule, and scope.
SEC. 168. RESEARCH REGARDING PRECIOUS METAL CATALYSIS.
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 2004, 2005, and 2006 may be used to carry out research in the use
of precious metals (excluding platinum, palladium, and rhodium) in
catalysis.
SEC. 169. NANOTECHNOLOGY RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary, acting through the Office of
Science, shall implement a Nanotechnology Research and Development
Program to promote nanotechnology research, development, demonstration,
education, technology transfer, and commercial application activities
as necessary to ensure continued United States leadership in
nanotechnology across scientific and engineering disciplines.
(b) Program Activities.--The activities of the Nanotechnology
Research and Development Program shall be designed to--
(1) provide sustained support for nanotechnology research
and development through--
(A) grants to individual investigators and
interdisciplinary teams of investigators; and
(B) establishment of interdisciplinary research
centers and advanced technology user facilities;
(2) ensure that solicitation and evaluation of proposals
under the Program encourage interdisciplinary research;
(3) expand education and training of undergraduate and
graduate students in interdisciplinary nanotechnology science
and engineering;
(4) accelerate the commercial application of nanotechnology
innovations in the private sector;
(5) ensure that societal and ethical concerns will be
addressed as the technology is developed by--
(A) establishing a research program to identify
societal and ethical concerns related to
nanotechnology, and ensuring that the results of such
research are widely disseminated; and
(B) integrating, insofar as possible, research on
societal and ethical concerns with nanotechnology
research and development; and
(6) ensure that the potential of nanotechnology to produce
or facilitate the production of clean, inexpensive energy is
realized by supporting nanotechnology energy applications
research and development.
(c) Definitions.--For the purposes of this section--
(1) the term ``nanotechnology'' means science and
engineering aimed at creating materials, devices, and systems
at the atomic and molecular level; and
(2) the term ``advanced technology user facility'' means a
nanotechnology research and development facility supported, in
whole or in part, by Federal funds that is open to all United
States researchers on a competitive, merit-reviewed basis.
(d) Report.--Within 2 years after the date of enactment of this
Act, the Secretary shall transmit to the Congress a report describing
the projects to identify societal and ethical concerns related to
nanotechnology and the funding provided to support these projects.
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 carrying 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 computing by
developing the basic mathematical and computing systems
software needed to take full advantage of the computing
capabilities of computers with peak speeds of 100 teraflops or
more, some of which may be unique to the scientific problem of
interest;
(3) enhance national collaboratory and networking
capabilities by developing software to integrate geographically
separated researchers into effective research teams and to
facilitate access to and movement and analysis of large
(petabyte) data sets;
(4) develop and maintain a robust scientific computing
hardware infrastructure to ensure that the computing resources
needed to address departmental missions are available; and
(5) explore new computing approaches and technologies that
promise to advance scientific computing.
(c) High-Performance Computing Act of 1991 Amendments.--The High-
Performance Computing Act of 1991 is amended--
(1) in section 4 (15 U.S.C. 5503)--
(A) in paragraph (3)--
(i) by striking ``means'' and inserting
``and `networking and information technology'
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 Development
Program, the Secretary of Energy shall conduct basic
and applied research in networking and information
technology, with emphasis on--
``(1) supporting fundamental research in the physical
sciences and engineering, and energy applications;
``(2) providing supercomputer access and advanced
communication capabilities and facilities to scientific
researchers; and
``(3) developing tools for distributed scientific
collaboration.'';
(B) in subsection (b), by striking ``Program'' and
inserting ``Networking and Information Technology
Research and Development Program''; and
(C) by amending subsection (e) to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out the Networking and
Information Technology Research and Development Program such sums as
may be necessary for fiscal years 2004 through 2007.''.
(d) Coordination.--The Secretary shall ensure that the program
under this section is integrated and consistent with--
(1) the Accelerated Strategic Computing Initiative of the
National Nuclear Security Administration; and
(2) other national efforts related to advanced scientific
computing for science and engineering.
(e) Report.--(1) Before undertaking any new initiative to develop
new advanced architecture for high-speed computing, the Secretary,
through the Director of the Office of Science, shall transmit a report
to the Congress describing--
(A) the expected duration and cost of the initiative;
(B) the technical milestones the initiative is designed 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 described in
paragraph (1) until 30 days after the report required by that paragraph
is transmitted to the Congress.
SEC. 170A. NITROGEN FIXATION.
The Secretary, acting through the Office of Science, shall support
a program of research, development, demonstration, and commercial
application on biological nitrogen fixation, including plant genomics
research relevant to the development of commercial crop varieties with
enhanced nitrogen fixation efficiency and ability.
PART 5--GENOMES TO LIFE
SEC. 170B. GENOMES TO LIFE.
(a) Findings.--The Congress finds the following:
(1) The Department's Genomes to Life initiative involves
the emerging fields of systems biology and proteomics, which
address the ability to understand the composition and function
of the biochemical networks and pathways that carry out the
essential processes of living organisms.
(2) The Genomes to Life initiative builds on the
Department's integral role in the Human Genome Project, which
has led to the mapping, sequencing, and identification of
genetic material. Genomes to Life will go beyond mapping to
develop an understanding of how genetic components interact to
perform cellular activities vital to life.
(3) The ability of the United States to respond to the
national security, energy, and environmental challenges of the
21st century will be driven by science and technology. An
integrated and predictive understanding of biological systems
will enable the United States to develop new technologies
related to the detection of biological and chemical agents,
energy production, carbon sequestration, bioremediation, and
other Department statutory missions. These advances will also
enhance the strength of United States science, technology, and
medicine generally.
(4) The fundamental intellectual challenges inherent in the
Genomes to Life initiative are considerable, and require public
support for basic and applied research and development.
Significant advances in areas such as the characterization of
multiprotein complexes and gene regulatory networks will be
required before biologically-based solutions and technologies
will be useful in national security applications, as well as to
the energy, medical, and agricultural industries.
(5) The development of new scientific instruments will also
be required to advance Genomes to Life research. Such
instruments are likely to be large and costly. Specialized
facilities are also likely to be required in order to advance
the field and to realize its promise. Such facilities will be
sufficiently expensive that they will have to be located and
constructed on a centralized basis, similar to a number of
unique facilities already managed by the Department.
(6) Contributions from individual researchers as well as
multidisciplinary research teams will be required to advance
systems biology and proteomics.
(7) The Department's Office of Science is well suited to
manage systems biology and proteomics research for the
Department. Through its support of research and development
pursuant to the Department's statutory authorities, the Office
of Science is the principal Federal supporter of research and
development in the physical and computational sciences. The
Office is also a significant source of Federal support for
research in genomics and the life sciences. The Office supports
research and development by individual investigators and
multidisciplinary teams, and manages special user facilities
that serve investigators in both university and industry.
(b) Establishment of Program.--The Secretary shall carry out a
program of research, development, demonstration, and commercial
application, to be known as the Genomes to Life Program, in systems
biology and proteomics.
(c) Planning.--
(1) In general.--Within one year after the date of
enactment of this Act, the Secretary shall prepare and transmit
to Congress a Program plan describing how knowledge and
capabilities would be developed by the Program and applied to
Department missions relating to energy, environmental cleanup,
and stabilization of atmospheric levels of carbon dioxide.
(2) Consultation.--The Program plan will be developed in
consultation with other relevant Department technology programs
and other relevant Federal agencies.
(3) Long-term goals.--The Program plan shall focus science
and technology on long-term goals including--
(A) contributing to United States independence from
foreign energy sources;
(B) stabilizing atmospheric levels of carbon
dioxide;
(C) advancing environmental cleanup; and
(D) providing the science and technology basis for
new industries in biotechnology.
(4) Specific goals.--The Program plan shall identify
appropriate research, development, demonstration, and
commercial application activities to address the following
issues within the next decade:
(A) Identifying new biological sources of fuels and
electricity, with particular emphasis on creating
biological technologies for the production and
utilization of hydrogen.
(B) Understanding the Earth's natural carbon cycle
and creating strategies to stabilize atmospheric carbon
dioxide.
(C) Developing a knowledge and capability base for
exploring more cost-effective cleanup strategies for
Department sites.
(D) Capturing key biological processes in
engineered systems not requiring living cells.
(5) Review.--The Secretary shall enter into an arrangement
with the National Academy of Sciences to review the plan
developed under this subsection. The Secretary shall transmit
the review to the Congress not later than 6 months after the
transmittal of the Program plan under paragraph (1), along with
an explanation of any differences between the plan and the
recommendations of the Academy.
(d) Program Execution.--In carrying out the Program under this
section, the Secretary shall--
(1) support individual investigators and multidisciplinary
teams of investigators;
(2) subject to subsection (e), develop, plan, construct,
acquire, or operate special equipment or facilities for the use
of investigators conducting research, development,
demonstration, or commercial application in systems biology and
proteomics;
(3) support technology transfer activities to benefit
industry and other users of systems biology and proteomics; and
(4) coordinate activities by the Department with academia,
industry, and other Federal agencies.
(e) User Facilities and Ancillary Equipment.--
(1) Facilities.--As part of the Genomes to Life Program,
the Secretary is authorized to develop, plan, construct,
acquire, or operate special equipment, instrumentation, or
facilities for investigators conducting research, development,
demonstration, and commercial application projects in systems
biology and proteomics and associated biological disciplines.
(2) Projects.--Projects referred to in paragraph (1) may
include--
(A) the identification and characterization of
multiprotein complexes;
(B) characterization of gene regulatory networks;
(C) characterization of the functional repertoire
of complex microbial communities in their natural
environments at the molecular level; and
(D) development of computational methods and
capabilities to advance understanding of complex
biological systems and predict their behavior.
(3) Facilities.--Facilities supported under paragraph (1)
may include facilities for--
(A) the production and characterization of
proteins;
(B) whole proteome analysis;
(C) characterization and imaging of molecular
machines; and
(D) analysis and modeling of cellular systems.
(4) Collaboration.--The Secretary shall encourage
collaborations among universities, laboratories, and industry
at facilities supported under this subsection. All facilities
supported under this subsection shall have a specific mission
of technology transfer to other institutions.
(f) Definitions.--For purposes of this section:
(1) Program.--The term ``Program'' means the Genomes to
Life Program carried out under this section.
(2) Proteomics.--The term ``proteomics'' means the
determination of the structure, function, and expression of the
proteins encoded in any genome, including new protein sequences
encoded in a genome for which the structural or functional
correlates are not currently known.
SEC. 170C. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY SCHOLARSHIP
PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Secretary shall establish a Department
of Energy Science and Technology Scholarship Program to award
scholarships to individuals that is designed to recruit and
prepare students for careers in the Department.
(2) Competitive process.--Individuals shall be selected to
receive scholarships under this section through a competitive
process primarily on the basis of academic merit, with
consideration given to financial need and the goal of promoting
the participation of individuals identified in section 33 or 34
of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b).
(3) Service agreements.--To carry out the Program the
Secretary shall enter into contractual agreements with
individuals selected under paragraph (2) under which the
individuals agree to serve as full-time employees of the
Department, for the period described in subsection (f)(1), in
positions needed by the Department and for which the
individuals are qualified, in exchange for receiving a
scholarship.
(b) Scholarship Eligibility.--In order to be eligible to
participate in the Program, an individual must--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
program or field of study described in the list made available
under subsection (d);
(2) be a United States citizen; and
(3) at the time of the initial scholarship award, not be a
Federal employee as defined in section 2105 of title 5 of the
United States Code.
(c) Application Required.--An individual seeking a scholarship
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information, agreements, or
assurances as the Secretary may require.
(d) Eligible Academic Programs.--The Secretary shall make publicly
available a list of academic programs and fields of study for which
scholarships under the Program may be utilized, and shall update the
list as necessary.
(e) Scholarship Requirement.--
(1) In general.--The Secretary may provide a scholarship
under the Program for an academic year if the individual
applying for the scholarship has submitted to the Secretary, as
part of the application required under subsection (c), a
proposed academic program leading to a degree in a program or
field of study on the list made available under subsection (d).
(2) Duration of eligibility.--An individual may not receive
a scholarship under this section for more than 4 academic
years, unless the Secretary grants a waiver.
(3) Scholarship amount.--The dollar amount of a scholarship
under this section for an academic year shall be determined
under regulations issued by the Secretary, but shall in no case
exceed the cost of attendance.
(4) Authorized uses.--A scholarship provided under this
section may be expended for tuition, fees, and other authorized
expenses as established by the Secretary by regulation.
(5) Contracts regarding direct payments to institutions.--
The Secretary may enter into a contractual agreement with an
institution of higher education under which the amounts
provided for a scholarship under this section for tuition,
fees, and other authorized expenses are paid directly to the
institution with respect to which the scholarship is provided.
(f) Period of Obligated Service.--
(1) Duration of service.--The period of service for which
an individual shall be obligated to serve as an employee of the
Department is, except as provided in subsection (h)(2), 24
months for each academic year for which a scholarship under
this section is provided.
(2) Schedule for service.--(A) Except as provided in
subparagraph (B), obligated service under paragraph (1) shall
begin not later than 60 days after the individual obtains the
educational degree for which the scholarship was provided.
(B) The Secretary may defer the obligation of an individual
to provide a period of service under paragraph (1) if the
Secretary determines that such a deferral is appropriate. The
Secretary shall prescribe the terms and conditions under which
a service obligation may be deferred through regulation.
(g) Penalties for Breach of Scholarship Agreement.--
(1) Failure to complete academic training.--Scholarship
recipients who fail to maintain a high level of academic
standing, as defined by the Secretary by regulation, who are
dismissed from their educational institutions for disciplinary reasons,
or who voluntarily terminate academic training before graduation from
the educational program for which the scholarship was awarded, shall be
in breach of their contractual agreement and, in lieu of any service
obligation arising under such agreement, shall be liable to the United
States for repayment within 1 year after the date of default of all
scholarship funds paid to them and to the institution of higher
education on their behalf under the agreement, except as provided in
subsection (h)(2). The repayment period may be extended by the
Secretary when determined to be necessary, as established by
regulation.
(2) Failure to begin or complete the service obligation or
meet the terms and conditions of deferment.--Scholarship
recipients who, for any reason, fail to begin or complete their
service obligation after completion of academic training, or
fail to comply with the terms and conditions of deferment
established by the Secretary pursuant to subsection (f)(2)(B),
shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in
the preceding sentence, the recipient shall be liable to the
United States for an amount equal to--
(A) the total amount of scholarships received by
such individual under this section; plus
(B) the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the
maximum legal prevailing rate, as determined by the
Treasurer of the United States,
multiplied by 3.
(h) Waiver or Suspension of Obligation.--
(1) Death of individual.--Any obligation of an individual
incurred under the Program (or a contractual agreement
thereunder) for service or payment shall be canceled upon the
death of the individual.
(2) Impossibility or extreme hardship.--The Secretary shall
by regulation provide for the partial or total waiver or
suspension of any obligation of service or payment incurred by
an individual under the Program (or a contractual agreement
thereunder) whenever compliance by the individual is impossible
or would involve extreme hardship to the individual, or if
enforcement of such obligation with respect to the individual
would be contrary to the best interests of the Government.
(i) Definitions.--In this section the following definitions apply:
(1) Cost of attendance.--The term ``cost of attendance''
has the meaning given that term in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Program.--The term ``Program'' means the Department of
Energy Science and Technology Scholarship Program established
under this section.
Subtitle G--Energy and Environment
SEC. 171. AUTHORIZATION OF APPROPRIATIONS.
(a) United States-Mexico Energy Technology Cooperation.--The
following sums are authorized to be appropriated to the Secretary to
carry out activities under section 172:
(1) For fiscal year 2004, $5,000,000.
(2) For fiscal year 2005, $6,000,000.
(3) For fiscal year 2006, $6,000,000.
(4) For fiscal year 2007, $6,000,000.
(b) Waste Reduction and Use of Alternatives.--There are authorized
to be appropriated to the Secretary to carry out activities under
section 173, $500,000 for fiscal year 2004.
SEC. 172. UNITED STATES-MEXICO ENERGY TECHNOLOGY COOPERATION.
(a) Program.--The Secretary shall establish a research,
development, demonstration, and commercial application program to be
carried out in collaboration with entities in Mexico and the United
States to promote energy efficient, environmentally sound economic
development along the United States-Mexico border.
(b) Program Management.--The program under subsection (a) shall be
managed by the Department of Energy 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 authorized to make a single
grant to a qualified institution to examine and develop the feasibility
of burning post-consumer carpet in cement kilns as an alternative
energy source. The purposes of the grant shall include determining--
(1) how post-consumer carpet can be burned without
disrupting kiln operations;
(2) the extent to which overall kiln emissions may be
reduced;
(3) the emissions of air pollutants and other relevant
environmental impacts; and
(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-intensive institution of higher
education with demonstrated expertise in the fields of fiber recycling
and logistical modeling of carpet waste collection and preparation.
SEC. 174. COAL GASIFICATION.
The Secretary is authorized to provide loan guarantees for a
project to produce energy from a plant using integrated gasification
combined cycle technology of at least 400 megawatts in capacity that
produces power at competitive rates in deregulated energy generation
markets and that does not receive any subsidy (direct or indirect) from
ratepayers.
SEC. 175. PETROLEUM COKE GASIFICATION.
The Secretary is authorized to provide loan guarantees for at least
one petroleum coke gasification polygeneration project.
SEC. 176. OTHER BIOPOWER AND BIOENERGY.
The Secretary shall conduct a program to assist in the planning,
design, and implementation of projects to convert rice straw, rice
hulls, sugarcane bagasse, forest thinnings, and barley grain into
biopower and biofuels.
SEC. 177. COAL TECHNOLOGY LOAN.
There are authorized to be appropriated to the Secretary
$125,000,000 to provide a loan to the owner of the experimental plant
constructed under United States Department of Energy cooperative
agreement number DE-FC22-91PC99544 on such terms and conditions as the
Secretary determines, including interest rates and upfront payments.
SEC. 178. FUEL CELL TEST CENTER.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Congress a report on the
results of a study of the establishment of a test center for next-
generation fuel cells at an institution of higher education that has
available a continuous source of hydrogen and access to the electric
transmission grid. Such report shall include a conceptual design for
such test center and a projection of the costs of establishing the test
center.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $500,000.
Subtitle H--Hydrogen
SEC. 181. SHORT TITLE.
This subtitle may be cited as the ``George E. Brown, Jr. and Robert
S. Walker Hydrogen Future Act of 2003''.
SEC. 182. MATSUNAGA ACT AMENDMENT.
The Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is amended by
striking sections 102 through 109 and inserting the following:
``SEC. 102. FINDINGS AND DEFINITIONS.
``(a) Findings.--Congress finds that--
``(1) the United States is currently dependent on foreign
sources for a majority of its petroleum supply;
``(2) the Nation's dependence on foreign petroleum is
expected to increase in the decades ahead;
``(3) it is in the national interest to reduce dependence
on imported petroleum by accelerating Federal efforts to
partner with the private sector in developing hydrogen and fuel
cell technologies;
``(4) it is in the national interest to support industry's
efforts to develop a light duty vehicle fleet that is free or
near free of pollutant emissions and greenhouse gas emissions,
and that helps to reduce the Nation's dependence on petroleum
in a manner that maintains the freedom of consumers to purchase
the kinds of vehicles they wish to drive and the freedom to
refuel those vehicles safely and affordably;
``(5) the development of hydrogen fuel cell vehicles and
supporting infrastructure will benefit from and accelerate the
parallel advancement of fuel cells for stationary power that
will enhance the resiliency, reliability, and environmental
performance of the Nation's electricity infrastructure;
``(6) fuel cell technology for consumer electronics and
portable power will benefit from, and advance the development
of, hydrogen fuel cell vehicles and supporting infrastructure;
``(7) there is a need for deployment of bridging
technologies that can contribute to reducing petroleum demand
and decreasing air emissions, including--
``(A) gasoline-electric and diesel-electric hybrid
drive systems;
``(B) advanced combustion engines (including clean
diesel), electric battery, and power electronics; and
``(C) alternative fuels and other technologies;
``(8) low-cost hydrogen production, storage, and delivery
facilities are essential to the success of the FreedomCAR
program; and
``(9) vehicle technology development work should be
performed in a manner that is cognizant of consumer acceptance
and marketplace success.
``(b) Definitions.--In this Act:
``(1) The term `Advisory Committee' means the Hydrogen
Technical and Fuel Cell Advisory Committee established under
section 108 of this Act.
``(2) The term `Department' means the Department of Energy.
``(3) The term `fuel cell' means a device that directly
converts the chemical energy of a fuel and an oxidant into
electricity by an electrochemical process taking place at
separate electrodes in the device.
``(4) The term `FreedomCAR' is the acronym for a Department
initiative in automotive research and development entitled
`Freedom Cooperative Automotive Research'.
``(5) The term `infrastructure' means the equipment,
systems, or facilities used to produce, distribute, deliver, or
store hydrogen and other advanced clean fuels.
``(6) The term `light duty vehicle' means a car or truck
classified by the Department of Transportation as a Class I or
IIA vehicle.
``(7) The term `Secretary' means the Secretary of Energy.
``SEC. 103. PROGRAM.
``(a) In General.--The Secretary shall conduct a research,
development, demonstration, and commercial application program designed
to accelerate the use of hydrogen and related technologies in
stationary and transportation applications. The goals of the program
shall include--
``(1) to enable a decision by automakers not later than
2015 to offer affordable and technically viable hydrogen fuel
cell vehicles in the mass consumer market;
``(2) to enable production and delivery to consumers of
model year 2020 hydrogen fuel cell vehicles that will have--
``(A) a range of at least three hundred miles;
``(B) safety and performance comparable to vehicle
technologies in the market;
``(C) when compared to light duty vehicles in model
year 2003--
``(i) a fuel economy that is two and one
half times the equivalent fuel economy of
comparable light duty vehicles in model year
2003; and
``(ii) zero or near zero emissions of
pollutants; and
``(D) vehicle fuel system crash integrity and
occupant protection; and
``(3) to enable by 2020 the safe and convenient commercial
production and delivery of hydrogen that will have--
``(A) the capacity to meet the demand for
stationary and mobile hydrogen fuel cells;
``(B) safety and performance characteristics
comparable to other fuels; and
``(C) improved overall efficiency and zero or near
zero emissions when compared to fuels used in 2003.
``(b) Activities.--The program authorized under this section shall
address--
``(1) production of hydrogen from diverse energy sources,
including--
``(A) fossil fuels, in conjunction with carbon
capture and sequestration;
``(B) hydrogen-carrier fuels (including ethanol and
methanol);
``(C) renewable energy resources; and
``(D) nuclear energy;
``(2) delivery of hydrogen or hydrogen-carrier fuels,
including--
``(A) transmission by pipeline and other
distribution methods; and
``(B) safe, convenient, and economic refueling of
vehicles either at central refueling stations or
through distributed on-site generation;
``(3) storage of hydrogen or hydrogen-carrier fuels,
including development of materials for safe and economic
storage in gaseous, liquid, or solid form at refueling
facilities and onboard vehicles;
``(4) development of safe, durable, affordable, and
efficient fuel cells, including research and development on
fuel-flexible fuel cell power systems, improved manufacturing
processes, high-temperature membranes, cost-effective fuel
processing for natural gas, fuel cell stack and system
reliability, low temperature operation, and cold start
capability; and
``(5) development, in conjunction with the National
Institute of Standards and Technology, of necessary codes and
standards (including international codes and standards) and
safety practices for the production, distribution, storage, and
use of hydrogen, hydrogen-carrier fuels and related products.
``(c) Demonstration.--In carrying out the demonstration program
under this section, the Secretary shall fund a limited number of
projects and shall, to the extent practicable--
``(1) select only projects that--
``(A) involve using hydrogen and related products
at facilities or installations that would exist without
the demonstration program, such as existing office
buildings, military bases, vehicle fleet centers,
transit bus authorities, or parks; and
``(B) depend on reliable power from hydrogen to
carry out essential activities; and
``(2) favor projects that--
``(A) lead to the replication of hydrogen
technologies and draw such technologies into the
marketplace;
``(B) integrate in a single project both mobile and
stationary applications of hydrogen fuel cells;
``(C) address the interdependency of demand for
hydrogen fuel cell applications and hydrogen fuel
infrastructure; or
``(D) raise awareness of hydrogen technology among
the public.
``(d) Merit Review.--The Secretary shall carry out the program
under this section using a competitive, merit-review process and
consistent with the generally applicable Federal laws and regulations
governing awards of financial assistance, contracts, or other
agreements.
``(e) Cost Sharing.--(1) For projects carried out through grants,
cooperative agreements, or contracts under this section, the Secretary
shall require a commitment from non-Federal sources of at least--
``(A) 20 percent of the cost of a research and development
project; and
``(B) 50 percent of the cost of a demonstration project.
``(2) The Secretary may reduce the cost-sharing requirement under
paragraph (1)--
``(A) if the Secretary determines that the project involves
research of a basic or fundamental nature;
``(B) if the Secretary determines that a demonstration or
commercial application project involves unusual technological
risks; or
``(C) for technical analyses or other activities that the
Secretary does not expect to result in a marketable product.
``(3) The Secretary may consider the size of the non-Federal share
in selecting projects.
``SEC. 104. FREEDOM CAR.
``(a) In General.--In coordination with the program under section
103, the Secretary shall carry out a research, development,
demonstration, and commercial application program on advanced vehicle
technologies, to be known as the FreedomCAR program.
``(b) Activities.--The FreedomCAR program shall address--
``(1) engine and emission control systems;
``(2) energy storage, electric propulsion, and hybrid
systems;
``(3) automotive materials;
``(4) clean fuels in addition to hydrogen; and
``(5) other advanced vehicle technologies.
``(c) Demonstration.--Demonstrations involving hydrogen shall be
conducted as part of the program under section 103.
``(d) Merit Review and Cost Sharing.--The Secretary shall carry out
the FreedomCAR program in compliance with sections 103(d) and (e).
``SEC. 105. PLAN.
``Not later than six months after the date of enactment of the
George E. Brown, Jr. and Robert S. Walker Hydrogen Future Act of 2003,
the Secretary shall transmit to the Congress a coordinated plan for the
programs described in sections 103 and 104 and any other programs of
the Department that are directly related to fuel cells or hydrogen. The
plan shall be consistent with the National Hydrogen Energy Roadmap
published by the Department in October of 2002 and shall describe, at a
minimum--
``(1) the agenda for the programs for the next five years,
including what research, development, demonstration, and
commercial application will be conducted to carry out each
activity enumerated in sections 103(b) and 104(b);
``(2) the role national laboratories, institutions of
higher education, small businesses, and other private sector
firms are expected to play in the programs;
``(3) the technical milestones that will be used to
evaluate the programs for the next five years;
``(4) the most significant technical hurdles that stand in
the way of achieving the goals described in section 103(a), and
how the programs will address those hurdles; and
``(5) the policy assumptions that are driving the research
agenda, including any assumptions that would affect the sources
of hydrogen or the marketability of hydrogen-related products.
``SEC. 106. EDUCATION, OUTREACH, AND TECHNOLOGY TRANSFER.
``(a) In General.--The Secretary may carry out programs and
activities for interagency, intergovernmental, and international
education, information exchange, and cooperation related to hydrogen
and hydrogen-related products.
``(b) Technology Transfer.--(1) The Secretary may conduct a program
to transfer technology to the private sector under this Act. The
purpose of the technology transfer program is to foster the exchange of
generic, nonproprietary information and technology, developed under
this Act, among industry, academia, and the Federal Government, to help
the United States economy attain the economic benefits of this
information and technology, among other purposes.
``(2) The Secretary shall direct the program authorized by this
subsection with the advice and assistance of the Advisory Committee.
``SEC. 107. 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 President shall establish an interagency task
force, chaired by the Director of the Office of Science and Technology
Policy or his designee, with representatives from each of the
following:
``(1) The Department of Energy.
``(2) The Department of Transportation.
``(3) The Department of State.
``(4) The Department of Defense.
``(5) The Department of Commerce (including the National
Institute of Standards and Technology).
``(6) The Environmental Protection Agency.
``(7) The National Aeronautics and Space Administration.
``(8) Other Federal agencies as the Director determines
appropriate.
``(b) Duties.--
``(1) Implementation.--The interagency task force shall
work toward development of--
``(A) a safe, economical, and environmentally sound
hydrogen infrastructure;
``(B) uniform hydrogen codes, standards, and safety
protocols;
``(C) fuel cells in government applications,
including portable, stationary, and transportation
applications; and
``(D) vehicle hydrogen fuel system integrity safety
performance.
``(2) Activities.--The interagency task force may organize
workshops and conferences, may issue publications, and may
create databases to carry out its duties. The interagency task
force shall--
``(A) foster the exchange of generic,
nonproprietary information and technology among
industry, academia, and government;
``(B) develop and maintain an inventory and
assessment of hydrogen, fuel cells, and other advanced
technologies, including the commercial capability of
each technology for the economic and environmentally
safe production, distribution, delivery, storage, and
use of hydrogen;
``(C) integrate technical and other information
made available as a result of the programs and
activities under this Act;
``(D) promote the marketplace introduction of
infrastructure for hydrogen-powered fuel cell vehicles;
and
``(E) conduct an education program to provide
hydrogen and fuel cell information to potential end-
users in coordination with the program under section
106.
``(c) Agency Cooperation.--The heads of all agencies, including
those whose agencies are not represented on the interagency task force,
shall cooperate with and furnish information to the interagency task
force and the Department.
``SEC. 108. ADVISORY COMMITTEE.
``(a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory
Committee shall be established to advise the Secretary on the programs
and activities under this Act.
``(b) Membership.--
``(1) Members.--The Secretary shall appoint not fewer than
12 nor more than 25 members. The Secretary shall appoint
members to represent domestic industry, academia, professional
societies, government agencies, and financial, environmental,
and other appropriate organizations based on the Secretary's
assessment of the technical and other qualifications of
committee members and the needs of the Advisory Committee.
``(2) Terms.--The term of a member of the Advisory
Committee shall be not more than three years. The Secretary may
appoint members of the Advisory Committee in a manner that allows the
terms of the members serving at any time to expire at spaced intervals
so as to ensure continuity in the functioning of the Advisory
Committee. A member of the Advisory Committee whose term is expiring
may be reappointed.
``(3) Chairperson.--The Chair of the Advisory Committee
shall be a member of the Advisory Committee, elected by the
members from among their number.
``(c) Review.--(1) The Advisory Committee shall review and make
recommendations to the Secretary in a biennial report on--
``(A) the implementation of programs and activities under
this Act; and
``(B) the safety, economical, environmental, and other
consequences of technologies for the production, distribution,
delivery, storage, or use of hydrogen and fuel cells.
``(2) The Secretary shall transmit the report under this subsection
to the Congress along with a description of how the Secretary has
implemented or plans to implement the recommendations, or an
explanation of the reasons that a recommendation will not be
implemented. The report shall be transmitted along with the President's
budget proposal.
``(d) Advisory Committee Support.--The Secretary shall provide
resources necessary in the judgment of the Secretary for the Advisory
Committee to carry out its responsibilities under this Act.
``SEC. 109. EXTERNAL REVIEW.
``(a) Plan.--The Secretary shall enter into an arrangement with a
competitively selected nongovernmental entity, such as the National
Academy of Sciences, to review the plan prepared under section 105. The
Secretary shall transmit the review to the Congress along with a plan
to implement the review's recommendations or an explanation of the
reasons that a recommendation will not be implemented.
``(b) Biennial Review.--The Secretary shall enter into an
arrangement with a competitively selected nongovernmental entity, such
as the National Academy of Sciences, under which the entity will review
the program under sections 103 and 104 every other year, beginning two
years after the date of enactment of the George E. Brown, Jr. and
Robert S. Walker Hydrogen Future Act of 2003. The entity shall review
the research priorities, technical milestones, and plans for technology
transfer and evaluate the progress toward achieving them. The Secretary
shall transmit each review to the Congress along with a plan to
implement the review's recommendations or an explanation for the
reasons that a recommendation will not be implemented.
``SEC. 110. MISCELLANEOUS PROVISIONS.
``(a) Duplication.--The Secretary shall carry out the activities of
this Act in a manner that avoids unnecessary duplication or
displacement of, or competition with private sector activities.
``(b) Other Governments.--In carrying out this Act, the Secretary
may enter into cost-sharing agreements with Federal, State, or local
governments to demonstrate applications using hydrogen and fuel cells.
``(c) Representation.--The Department may represent the United
States interests with respect to activities and programs under this
Act, in coordination with the Department of Transportation, the
National Institute of Standards and Technology, and other relevant
Federal agencies, before governments and nongovernmental organizations
including--
``(1) other Federal, State, regional, and local governments
and their representatives;
``(2) industry and its representatives, including members
of the energy and transportation industries; and
``(3) in consultation with the Department of State, foreign
governments and their representatives including international
organizations.
``(d) Regulatory Authority.--Nothing in this Act shall be construed
to alter the regulatory authority of the Department.
``SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act, in
addition to any amounts made available for these purposes under other
Acts--
``(1) $273,500,000 for fiscal year 2004;
``(2) $325,000,000 for fiscal year 2005;
``(3) $375,000,000 for fiscal year 2006;
``(4) $400,000,000 for fiscal year 2007; and
``(5) $425,000,000 for fiscal year 2008.''.
SEC. 183. REPEAL OF HYDROGEN FUTURE ACT OF 1996.
The Hydrogen Future Act of 1996 is repealed.
Subtitle I--Management
SEC. 184. AVAILABILITY OF FUNDS.
Funds authorized to be appropriated to the Department under this
title shall remain available until expended.
SEC. 185. COST SHARING.
(a) Research and Development.--Except as otherwise 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 under
this subsection if the Secretary determines that the research and
development is of a basic or fundamental nature.
(b) Demonstration and Commercial Application.--Except as otherwise
provided in this title, the Secretary shall require at least 50 percent
of the costs directly and specifically related to any demonstration or
commercial application project under this title to be provided from
non-Federal sources. The Secretary may reduce the non-Federal
requirement under this subsection if the Secretary determines that the
reduction is necessary and appropriate considering the technological
risks involved in the project and is necessary to meet the objectives
of this title.
(c) Calculation of Amount.--In calculating the amount of the non-
Federal commitment under subsection (a) or (b), the Secretary may
include personnel, services, equipment, and other resources.
SEC. 186. MERIT REVIEW OF PROPOSALS.
Awards of funds authorized under this title shall be made only
after an impartial review of the scientific and technical merit of the
proposals for such awards has been carried out by or for the
Department.
SEC. 187. EXTERNAL TECHNICAL REVIEW OF DEPARTMENTAL PROGRAMS.
(a) National Energy Research and Development Advisory Boards.--(1)
The Secretary shall establish one or more advisory boards to review
Department research, development, demonstration, and commercial
application 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) Office of Science Advisory Committees.--
(1) Utilization of existing committees.--The Secretary
shall continue to use the scientific program advisory
committees chartered under the Federal Advisory Committee Act
by the Office of Science to oversee research and development
programs under that Office.
(2) Science advisory committee.--
(A) Establishment.--There shall be in the Office of
Science a Science Advisory Committee that includes the
chairs of each of the advisory committees described in
paragraph (1).
(B) Responsibilities.--The Science Advisory
Committee shall--
(i) serve as the science advisor to the
Assistant Secretary for Science created under
section 209 of the Department of Energy
Organization Act, as added by section 201 of
this Act;
(ii) advise the Assistant Secretary with
respect to the well-being and management of the
National Laboratories and single-purpose
research facilities;
(iii) advise the Assistant Secretary with
respect to education and workforce training
activities required for effective short-term
and long-term basic and applied research
activities of the Office of Science; and
(iv) advise the Assistant Secretary with
respect to the well being of the university
research programs supported by the Office of
Science.
(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 to review and advise on the progress
made by the respective research, development, demonstration, and
commercial application program or programs. The advisory board shall
also review the measurable cost and performance-based goals for such
programs as established under section 3, 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 reviews and assessments of the programs authorized by
this title, the measurable cost and performance-based goals for such
programs as established under section 3, 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 Secretary shall transmit to the Congress reports containing the
results of all such reviews and assessments.
SEC. 188. IMPROVED COORDINATION OF TECHNOLOGY TRANSFER ACTIVITIES.
(a) Technology Transfer Coordinator.--The Secretary shall designate
a Technology Transfer Coordinator to perform oversight of and policy
development for technology transfer activities at the Department. The
Technology Transfer Coordinator shall coordinate the activities of the
Technology Transfer Working Group, and 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 Commercialization 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 facilities, to--
(1) coordinate technology transfer activities occurring at
National Laboratories and single-purpose research facilities;
(2) exchange information about technology transfer
practices, including alternative approaches to resolution of
disputes involving intellectual property 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 alternative approaches to resolution
of disputes involving intellectual property rights and other
technology transfer matters.
(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. 189. 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 disadvantaged small
business concerns, in procurement, collaborative research,
technology licensing, and technology transfer activities
conducted by the National Laboratory or single-purpose research
facility;
(2) report to the Director of the National Laboratory or
single-purpose research facility on the actual participation of
small business concerns in procurement and collaborative
research along with recommendations, if appropriate, on how to
improve participation;
(3) make available to small business concerns training,
mentoring, and clear, up-to-date information on how to
participate in the procurement and collaborative research,
including how to submit effective proposals, and information
related to alternative approaches to resolution of disputes
involving intellectual 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 Laboratory or single-purpose research
facility.
(b) Establishment of Small Business Assistance Program.--The
Secretary shall require the Director of each National Laboratory, and
may require the Director of a single-purpose research facility, to
establish a program to provide small business concerns--
(1) assistance directed at making them more effective 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 assistance, to improve the
small business concern's products or services.
(c) Use of Funds.--None of the funds expended under subsection (b)
may be used for direct grants to the small business concerns.
(d) Definitions.--In this section:
(1) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(2) Socially and economically disadvantaged small business
concerns.--The term ``socially and economically disadvantaged
small business concerns'' has the meaning given such term in
section 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)).
SEC. 190. MOBILITY OF SCIENTIFIC AND TECHNICAL PERSONNEL.
Not later than 2 years after the date of enactment of this section,
the Secretary shall transmit a report to the Congress identifying any
policies or procedures of a contractor operating a National Laboratory
or single-purpose research facility that create disincentives to the
temporary transfer of scientific and technical personnel among the
contractor-operated National Laboratories or contractor-operated
single-purpose research facilities.
SEC. 191. NATIONAL ACADEMY OF SCIENCES REPORT.
Within 90 days after the date of enactment of this Act, the
Secretary shall enter into an arrangement with the National Academy of
Sciences for the Academy to--
(1) conduct studies on--
(A) the obstacles to accelerating the commercial
application of energy technology; and
(B) the adequacy of Department policies and
procedures for, and oversight of, technology transfer-
related disputes between contractors of the Department
and the private sector; and
(2) report to the Congress on recommendations developed as
a result of the studies.
SEC. 192. OUTREACH.
The Secretary shall ensure that each program authorized by this
title includes an outreach component to provide information, as
appropriate, to manufacturers, consumers, engineers, architects,
builders, energy service companies, institutions of higher education,
facility planners and managers, State and local governments, and other
entities.
SEC. 193. LIMITS ON USE OF FUNDS.
(a) Competitive Procedure Requirement.--None of the funds
authorized to be appropriated to the Secretary by this title may be
used to award a management and operating contract for a nonmilitary
energy laboratory of the Department unless such contract is
competitively awarded or the Secretary grants, on a case-by-case basis,
a waiver to allow for such a deviation. The Secretary may not delegate
the authority to grant such a waiver.
(b) Congressional Notice.--At least 2 months before a contract
award for which the Secretary intends to grant such a waiver, the
Secretary shall submit to the Congress a report notifying the Congress
of the waiver and setting forth the reasons for the waiver.
SEC. 194. REPROGRAMMING.
(a) Distribution Report.--Not later than 60 days after the date of
the enactment of an Act appropriating amounts authorized under this
title, the Secretary shall transmit to the appropriate authorizing
committees of the Congress a report explaining how such amounts will be
distributed among the authorizations contained in this title.
(b) Prohibition.--(1) No amount identified under subsection (a)
shall be reprogrammed if such reprogramming would result in an
obligation which changes an individual distribution required to be
reported under subsection (a) by more than 5 percent unless the
Secretary has transmitted to the appropriate authorizing committees of
the Congress a report described in subsection (c) and a period of 30
days has elapsed after such committees receive the report.
(2) In the computation of the 30-day period described in paragraph
(1), there shall be excluded any day on which either House of Congress
is not in session because of an adjournment of more than 3 days to a
day certain.
(c) Reprogramming Report.--A report referred to in subsection
(b)(1) shall contain a full and complete statement of the action
proposed to be taken and the facts and circumstances relied on in
support of the proposed action.
SEC. 195. CONSTRUCTION WITH OTHER LAWS.
Except as otherwise provided in this title, the Secretary shall
carry out the research, development, demonstration, and commercial
application programs, projects, and activities authorized by this title
in accordance with the applicable provisions of the Atomic Energy Act
of 1954 (42 U.S.C. et seq.), the Federal Nonnuclear Research and
Development Act of 1974 (42 U.S.C. 5901 et seq.), the Energy Policy Act
of 1992 (42 U.S.C. 13201 et seq.), the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), chapter 18 of title
35, United States Code (commonly referred to as the Bayh-Dole Act), and
any other Act under which the Secretary is authorized to carry out such
activities.
SEC. 196. UNIVERSITY COLLABORATION.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall transmit to the Congress a report that examines the
feasibility of promoting collaborations between large institutions of
higher education and small institutions of higher education through
grants, contracts, and cooperative agreements made by the Secretary for
energy projects. The Secretary shall also consider providing incentives
for the inclusion of small institutions of higher education, including
minority-serving institutions, in energy research grants, contracts,
and cooperative agreements.
SEC. 197. FEDERAL LABORATORY EDUCATIONAL PARTNERS.
(a) Distribution of Royalties Received by Federal Agencies.--
Section 14(a)(1)(B)(v) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710c(a)(1)(B)(v)), is amended to read as
follows:
``(v) for scientific research and development and
for educational assistance and other purposes
consistent with the missions and objectives of the
Department of Energy and the laboratory.''.
(b) Cooperative Research and Development Agreements.--Section
12(b)(5)(C) of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(b)(5)(C)) is amended to read as follows:
``(C) for scientific research and development and for
educational assistance consistent with the missions and
objectives of the Department of Energy and the laboratory.''.
SEC. 198. INTERAGENCY COOPERATION.
The Secretary shall enter into discussions with the Administrator
of the National Aeronautics and Space Administration with the goal of
reaching an interagency working agreement between the 2 agencies that
would make the National Aeronautics and Space Administration's
expertise in energy, gained from its existing and planned programs,
more readily available to the relevant research, development,
demonstration, and commercial applications programs of the Department.
Technologies to be discussed should include the National Aeronautics
and Space Administration's modeling, research, development, testing,
and evaluation of new energy technologies, including solar, wind, fuel
cells, and hydrogen storage and distribution.
TITLE II--DEPARTMENT OF ENERGY MANAGEMENT
SEC. 201. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND
TECHNOLOGY PROGRAMS.
(a) Reconfiguration of Position of Director of the Office of
Science.--Section 209 of the Department of Energy Organization Act (41
U.S.C. 7139) is amended to read as follows:
``office of science
``Sec. 209. (a) There shall be within the Department an Office of
Science, to be headed by an Assistant Secretary of Science, who shall
be appointed by the President, by and with the advice and consent of
the Senate, and who shall be compensated at the rate provided for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
``(b) The Assistant Secretary of Science shall be in addition to
the Assistant Secretaries provided for under section 203 of this Act.
``(c) It shall be the duty and responsibility of the Assistant
Secretary of Science to carry out the fundamental science and
engineering research functions of the Department, including the
responsibility for policy and management of such research, as well as
other functions vested in the Secretary which he may assign to the
Assistant Secretary.''.
(b) Additional Assistant Secretary Position To Enable Improved
Management of Nuclear Energy Issues.--(1) Section 203(a) of the
Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended by
striking ``There shall be in the Department six Assistant Secretaries''
and inserting ``Except as provided in section 209, there shall be in
the Department seven Assistant Secretaries''.
(2) It is the sense of the Congress that the leadership for
departmental missions in nuclear energy should be at the Assistant
Secretary level.
(c) Technical and Conforming Amendments.--(1) Section 5315 of title
5, United States Code, is amended by--
(A) striking ``Director, Office of Science, Department of
Energy.''; and
(B) striking ``Assistant Secretaries of Energy (6)'' and
inserting ``Assistant Secretaries of Energy (8)''.
(2) The table of contents for the Department of Energy Organization
Act (42 U.S.C. 7101 note) is amended--
(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.''.
SEC. 202. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
The Secretary shall transmit to the Congress a biennial report on
the equal employment opportunity practices at the nonmilitary energy
laboratories. Such report shall include--
(1) a thorough review of each nonmilitary energy laboratory
contractor's equal employment opportunity policies;
(2) a statistical report on complaints and their
disposition in the laboratories;
(3) the role equal employment opportunity practices play in
selecting the contractor for each laboratory, and in
establishing the fee that is paid to the contractor for each
laboratory;
(4) a summary of disciplinary actions by either the
Department or the relevant contractors for each laboratory; and
(5) a summary of efforts by the Department and the relevant
contractors for each laboratory to attract women and minorities
to the laboratories.
SEC. 203. EXTERNAL REGULATION OF DEPARTMENT OF ENERGY.
(a) Elimination of Department of Energy Authority.--Effective 2
years after the date of enactment of this Act, the Department shall
have no regulatory or enforcement authority with respect to nuclear
safety and occupational safety and health responsibilities assumed by
the Nuclear Regulatory Commission under subsection (b) or by the
Occupational Safety and Health Administration under subsection (c) at
any nonmilitary energy laboratory owned or operated by the Department.
(b) Nuclear Regulatory Commission Authority.--
(1) Nuclear safety regulatory and enforcement
responsibilities.--Effective 2 years after the date of
enactment of this Act, the Nuclear Regulatory Commission shall
assume the nuclear safety regulatory and enforcement
responsibilities of the Department under the Atomic Energy Act
of 1954 with regard to nonmilitary energy laboratories owned or
operated by the Department.
(2) Licensed entities.--For the purposes of carrying out at
nonmilitary energy laboratories owned or operated by the
Department regulatory and enforcement responsibilities
described in paragraph (1), the Nuclear Regulatory Commission
may regulate, through licensing, certification, or other
appropriate means, the Department's contractors.
(3) Decommissioning.--A contractor operating a nonmilitary
energy laboratory owned by the Department shall not be
responsible for the costs of decommissioning that facility. No
enforcement action may be taken against such contractor for any
violation of Nuclear Regulatory Commission decommissioning
requirements, if such violation is the result of a failure of
the Department to authorize or fund decommissioning activities.
The Nuclear Regulatory Commission and the Department shall, not
later than 1 year after the date of enactment of this Act,
enter into a memorandum of understanding establishing
decommissioning procedures and requirements for nonmilitary
energy laboratories owned or operated by the Department.
(4) Accelerators.--Notwithstanding the provisions of the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et. seq.), effective
2 years after the date of enactment of this Act, the Nuclear
Regulatory Commission shall have exclusive regulatory authority
over accelerators, other electronic sources of radiation not
assigned to the Commission as of the date of enactment of this
Act, accelerator-produced radioisotopes, and naturally
occurring radioactive materials at nonmilitary energy
laboratories, consistent with the authorities granted the
Nuclear Regulatory Commission in the Atomic Energy Act of 1954.
Until such time as the Commission has completed a rulemaking
for the foregoing equipment and radioisotopes, nonmilitary
energy laboratories shall be required to meet the requirements
stipulated in a license for the facility.
(5) Administration.--The responsibilities assumed by the
Nuclear Regulatory Commission under this subsection shall be
administered by the Nuclear Regulatory Commission, not by
States.
(6) Judicial review.--Section 189 b. of the Atomic Energy
Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the
following paragraph after paragraph (4):
``(5) Any final order or regulation of the Commission
establishing standards to govern nonmilitary energy
laboratories owned or operated by the Department of Energy that
is issued to implement the Commission's responsibilities under
section 202 of the Energy Research, Development, Demonstration,
and Commercial Application Act of 2003, and any final
determination of the Commission relating to whether a
nonmilitary energy laboratory owned or operated by the
Department is in compliance with such standards and all
applicable Commission regulations or orders.''.
(7) Employee protection.--Any Department contractor
operating a nonmilitary energy laboratory that is regulated by
the Nuclear Regulatory Commission under this section shall be
subject to section 211 of the Energy Reorganization Act of 1974
(42 U.S.C. 5851) to the same extent as any other employer
subject to such section 211.
(8) Conflict of interest.--Section 170A of the Atomic
Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts,
agreements, or other arrangements of the Nuclear Regulatory
Commission proposed or entered into pursuant to its
responsibilities assumed under this subsection.
(c) Occupational Safety and Health.--
(1) OSHA jurisdiction.--Notwithstanding section 4(b)(1) of
the Occupational Safety and Health Act of 1970 (29 U.S.C.
653(b)(1)), effective 2 years after the date of enactment of
this Act, the Occupational Safety and Health Administration
shall assume the exclusive regulatory and enforcement
responsibilities of the Department relating to matters covered
by the Occupational Safety and Health Act of 1970 with regard
to all nonmilitary energy laboratories owned or operated by the
Department, except as provided in paragraph (2). The
responsibilities assumed by the Occupational Safety and Health
Administration under this subsection shall be administered by
the Occupational Safety and Health Administration, not by
States. Any Department contractor operating such a laboratory
shall, with respect to matters relating to occupational safety
and health, be considered to be an employer for purposes of the
Occupational Safety and Health Act of 1970.
(2) Regulation of hazards containing radiological and non-
radiological component.--If a hazard at a nonmilitary energy
laboratory owned or operated by the Department presents a risk
of occupational exposure and contains both a radiological and
non-radiological component, the Occupational Safety and Health
Administration and the Nuclear Regulatory Commission shall,
effective 2 years after the date of enactment of this Act,
share regulatory and enforcement responsibilities with respect
to the hazard in accordance with the memorandum of
understanding entered into pursuant to subsection (d).
(d) Memorandum of Understanding.--The Nuclear Regulatory Commission
and the Occupational Safety and Health Administration shall, not later
than 1 year after the date of enactment of this Act, enter into and
transmit to the Congress a memorandum of understanding to govern the
exercise of their respective authorities over nuclear safety and
occupational safety and health at nonmilitary energy laboratories owned
or operated by the Department.
(e) Civil Penalties.--The Department's contractor operating a
nonmilitary energy laboratory owned or operated by the Department shall
not be liable for civil penalties under the Atomic Energy Act of 1954
or the Occupational Safety and Health Act of 1970 for any actions taken
before the date of transfer of regulatory authority under this section,
pursuant to the instructions of a Federal agency in preparation for the
transfer of regulatory and enforcement responsibilities required by
this section.
(f) Indemnification.--The Secretary shall continue to indemnify
nonmilitary energy laboratories owned or operated by the Department in
accordance with the provisions of section 170 d. of the Atomic Energy
Act of 1954.
(g) Department of Energy Reporting Requirement.--Not later than 18
months after the date of enactment of this Act, the Secretary shall
transmit to the Congress a plan for the termination of the Department's
regulatory and enforcement responsibilities for nonmilitary energy
laboratories owned or operated by the Department required by this
section. The report shall include--
(1) a detailed transition plan, drafted in coordination
with the Nuclear Regulatory Commission and the Occupational
Safety and Health Administration, giving the schedule for
termination of self-regulation authority as outlined in
subsection (a), including the activities to be coordinated with
the Nuclear Regulatory Commission and the Occupational Safety
and Health Administration;
(2) a description of any issues remaining to be resolved
with the Nuclear Regulatory Commission, the Occupational Safety
and Health Administration, or other external regulators, and a
timetable for resolving such issues by the authority transfer
date established under this section; and
(3) an estimate of--
(A) the annual cost of administering and
implementing self-regulation of the nuclear safety and
occupational safety and health responsibilities
described in subsections (b) and (c) at nonmilitary
energy laboratories owned or operated by the
Department;
(B) the number of Federal and contractor employees
administering and implementing such self-regulation;
and
(C) the extent and schedule by which the Department
and the staffs at its nonmilitary energy laboratories
will be reduced as a result of implementation of this
section.
(h) General Accounting Office Reporting Requirement.--The
Comptroller General of the United States shall periodically report to
the Congress on the progress made in implementing this section. The
Comptroller General shall provide a report not later than 20 months
after the date of enactment of this Act on the Department's transition
plan, and not later than 26 months after the date of enactment of this
Act on the implementation of Nuclear Regulatory Commission and
Occupational Safety and Health Administration regulations in the
nonmilitary energy laboratories.
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
alternative 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 establish and publish in the
Federal register grant requirements on eligibility for assistance, and
on implementation of the program established under subsection (a),
including certification requirements to ensure compliance with this
title.
(c) Solicitation.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall solicit proposals for grants
under this section.
(d) Eligible Recipients.--A grant shall be awarded under this
section only--
(1) to a local or State governmental entity responsible for
providing school bus service to one or more public school
systems or responsible for the purchase of school buses; or
(2) to a contracting entity that provides school bus
service to one or more public school systems, if the grant
application is submitted jointly with the school system or
systems which the buses will serve.
(e) Types of Grants.--
(1) In general.--Grants under this section shall be for the
demonstration and commercial application of technologies to
facilitate the use of alternative fuel school buses and ultra-
low sulfur diesel school buses in lieu of buses manufactured
before model year 1977 and diesel-powered buses manufactured
before model year 1991.
(2) No economic benefit.--Other than the receipt of the
grant, a recipient of a grant under this section may not
receive any economic benefit in connection with the receipt of
the grant.
(3) Priority of grant applications.--The Secretary shall
give priority to awarding grants to applicants who can
demonstrate the use of alternative fuel buses and ultra-low
sulfur diesel school buses in lieu of buses manufactured before
model year 1977.
(f) Conditions of Grant.--A grant provided under this section shall
include the following conditions:
(1) All buses acquired with funds provided under the grant
shall be operated as part of the school bus fleet for which the
grant was made for a minimum of 5 years.
(2) Funds provided under the grant may only be used--
(A) to pay the cost, except as provided in
paragraph (3), of new alternative fuel school buses or
ultra-low sulfur diesel school buses, including State
taxes and contract fees; and
(B) to provide--
(i) up to 10 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the
infrastructure will only be available to the
grant recipient; and
(ii) up to 15 percent of the price of the
alternative fuel buses acquired, for necessary
alternative fuel infrastructure if the
infrastructure will be available to the grant
recipient and to other bus fleets.
(3) The grant recipient shall be required to provide at
least the lesser of 15 percent of the total cost of each bus
received or $15,000 per bus.
(4) In the case of a grant recipient receiving a grant to
demonstrate ultra-low sulfur diesel school buses, the grant
recipient shall be required to provide documentation to the
satisfaction of the Secretary that diesel fuel containing
sulfur at not more than 15 parts per million is available for
carrying out the purposes of the grant, and a commitment by the
applicant to use such fuel in carrying out the purposes of the
grant.
(g) Buses.--Funding under a grant made under this section may be
used to demonstrate the use only of new alternative fuel school buses
or ultra-low sulfur diesel school buses--
(1) with a gross vehicle weight of greater than 14,000
pounds;
(2) that are powered by a heavy duty engine;
(3) that, in the case of alternative fuel school buses
manufactured in model years 2003 through 2006, emit not more
than 1.8 grams per brake horsepower-hour of nonmethane
hydrocarbons and oxides of nitrogen and .01 grams per brake
horsepower-hour of particulate matter; and
(4) that, in the case of ultra-low sulfur diesel school
buses, emit not more than--
(A) for buses manufactured in model year 2003, 3.0
grams per brake horsepower-hour of oxides of nitrogen
and .01 grams per brake horsepower-hour of particulate
matter; and
(B) for buses manufactured in model years 2004
through 2006, 2.5 grams per brake horsepower-hour of
nonmethane hydrocarbons and oxides of nitrogen and .01
grams per brake horsepower-hour of particulate matter,
except that under no circumstances shall buses be acquired
under this section that emit nonmethane hydrocarbons, oxides of
nitrogen, or particulate matter at a rate greater than the best
performing technology of the same class of ultra-low sulfur
diesel school buses commercially available at the time the
grant is made.
(h) Deployment and Distribution.--The Secretary shall seek to the
maximum extent practicable to achieve nationwide deployment of
alternative fuel school buses and ultra-low sulfur diesel school buses
through the program under this section, and shall ensure a broad
geographic distribution of grant awards, with a goal of no State
receiving more than 10 percent of the grant funding made available
under this section for a fiscal year.
(i) Limit on Funding.--The Secretary shall provide not less than 20
percent and not more than 25 percent of the grant funding made
available under this section for any fiscal year for the acquisition of
ultra-low sulfur diesel school buses.
(j) Annual Report.--Not later than January 31 of each year, the
Secretary of Energy shall provide a report evaluating implementation of
the program under this title to the Congress. Such report shall include
the total number of grant applications received, the number and types
of alternative fuel buses and ultra-low sulfur diesel school buses
requested in grant applications, a list of grants awarded and the
criteria used to select the grant recipients, certified engine emission
levels of all buses purchased under the program, and any other
information the Secretary considers appropriate.
(k) Definitions.--For purposes of this section--
(1) the term ``alternative fuel school bus'' means a bus
powered substantially by electricity (including electricity
supplied by a fuel cell), or by liquefied natural gas,
compressed natural gas, liquefied petroleum gas, hydrogen,
propane, or methanol or ethanol at no less than 85 percent by
volume; and
(2) the term ``ultra-low sulfur diesel school bus'' means a
school bus powered by diesel fuel which contains sulfur at not
more than 15 parts per million.
SEC. 302. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM.
(a) Establishment of Program.--The Secretary shall establish a
program for entering into cooperative agreements with private sector
fuel cell bus developers for the development of fuel cell-powered
school buses, and subsequently with not less than 2 units of local
government using natural gas-powered school buses and such private
sector fuel cell bus developers to demonstrate the use of fuel cell-
powered school buses.
(b) Cost Sharing.--The non-Federal contribution for activities
funded under this section shall be not less than--
(1) 20 percent for fuel infrastructure development
activities; and
(2) 50 percent for demonstration activities and for
development activities not described in paragraph (1).
(c) Funding.--No more than $25,000,000 of the amounts authorized
under section 304 may be used for carrying out this section for the
period encompassing fiscal years 2004 through 2006.
(d) Reports to Congress.--Not later than 3 years after the date of
the enactment of this Act, and not later than October 1, 2006, the
Secretary shall transmit to the Congress a report that--
(1) evaluates the process of converting natural gas
infrastructure to accommodate fuel cell-powered school buses;
and
(2) assesses the results of the development and
demonstration program under this section.
SEC. 303. DIESEL RETROFIT PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency and the Secretary shall establish a pilot program for
awarding grants on a competitive basis to eligible recipients for the
demonstration and commercial application of retrofit technologies for
diesel school buses.
(b) Eligible Recipients.--A grant shall be awarded under this
section only--
(1) to a local or State governmental entity responsible for
providing school bus service to one or more public school
systems; or
(2) to a contracting entity that provides school bus
service to one or more public school systems, if the grant
application is submitted jointly with the school system or
systems which the buses will serve.
(c) Conditions of Grant.--A grant provided under this section may
be used only to demonstrate the use of retrofit emissions-control
technology on diesel buses that--
(1) operate on ultra-low sulfur diesel fuel; and
(2) were manufactured in model year 1991 or later.
(d) Verification.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall publish in the Federal
Register procedures to verify--
(1) the retrofit emissions-control technology to be
demonstrated; and
(2) that buses on which retrofit emissions-control
technology are to be demonstrated will operate on diesel fuel
containing not more than 15 parts per million of sulfur.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
(a) School Bus Grants.--There are authorized to be appropriated to
the Secretary for carrying out this title, to remain available until
expended--
(1) $90,000,000 for fiscal year 2004;
(2) $100,000,000 for fiscal year 2005; and
(3) $110,000,000 for fiscal year 2006.
(b) Retrofit Grants.--There are authorized to be appropriated to
the Administrator of the Environmental Protection Agency and the
Secretary such sums as may be necessary for carrying out section 303.
TITLE IV--ALTERNATIVE FUELED AND ADVANCED VEHICLES
SEC. 401. DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1) Alternative fueled vehicle.--The term ``alternative
fueled vehicle'' means a vehicle propelled solely on an
alternative fuel as defined in section 301 of the Energy Policy
Act (42 U.S.C. 13211), except the term does not include any
vehicle that the Secretary determines, by rule, does not yield
substantial environmental benefits over a vehicle operating
solely on gasoline or diesel derived from fossil fuels.
(2) Fuel cell vehicle.--The term ``fuel cell vehicle''
means a vehicle propelled by an electric motor powered by a
fuel cell system that converts chemical energy into electricity
by combining oxygen (from air) with hydrogen fuel that is
stored on the vehicle or is produced onboard by reformation of
a hydrocarbon fuel. Such fuel cell system may or may not
include the use of auxiliary energy storage systems to enhance
vehicle performance.
(3) Hybrid vehicle.--The term ``hybrid vehicle'' means a
medium or heavy duty vehicle that is more efficient than its
non-hybrid counterpart and that draws propulsion energy from
both an internal combustion engine using any combustible fuel
and an onboard energy storage device.
(4) Neighborhood electric vehicle.--The term ``neighborhood
electric vehicle'' means a motor vehicle capable of traveling
at speeds of 25 miles per hour that is--
(A) a low-speed vehicle, as such term is defined in
section 571.3(b) of title 49, Code of Federal
Regulations;
(B) a zero-emission vehicle, as such term is
defined in section 86.1702-99 of title 40, Code of
Federal Regulations; and
(C) otherwise lawful to use on local streets.
(5) Pilot program.--The term ``pilot program'' means the
competitive grant program established under section 402.
(6) Ultra-low sulfur diesel vehicle.--The term ``ultra-low
sulfur diesel vehicle'' means a vehicle manufactured in model
years 2003 through 2006 powered by a heavy-duty diesel engine
that--
(A) is fueled by diesel fuel which contains sulfur
at not more than 15 parts per million; and
(B) emits not more than the lesser of--
(i) for vehicles manufactured in--
(I) model year 2003, 3.0 grams per
brake horsepower-hour of oxides of
nitrogen and .01 grams per brake
horsepower-hour of particulate matter;
and
(II) model years 2004 through 2006,
2.5 grams per brake horsepower-hour of
nonmethane hydrocarbons and oxides of
nitrogen and .01 grams per brake
horsepower-hour of particulate matter;
or
(ii) the emissions of nonmethane
hydrocarbons, oxides of nitrogen, and
particulate matter of the best performing
technology of ultra-low sulfur diesel vehicles
of the same class and application that are
commercially available.
SEC. 402. PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
grant pilot program, to be administered through the Clean Cities
Program of the Department of Energy, to provide not more than 15
geographically dispersed project grants to State governments, local
governments, or metropolitan transportation authorities to carry out a
project or projects for the purposes described in subsection (b).
(b) Grant Purposes.--Grants under this section may be used for the
following purposes:
(1) The acquisition of alternative fueled vehicles or fuel
cell vehicles, including--
(A) passenger vehicles including neighborhood
electric vehicles; and
(B) motorized two-wheel bicycles, scooters, or
other vehicles for use by law enforcement personnel or
other State or local government or metropolitan
transportation authority employees.
(2) The acquisition of alternative fueled vehicles, hybrid
vehicles, or fuel cell vehicles, including--
(A) buses used for public transportation or
transportation to and from schools;
(B) delivery vehicles for goods or services; and
(C) ground support vehicles at public airports,
including vehicles to carry baggage or push airplanes
away from terminal gates.
(3) The acquisition of ultra-low sulfur diesel vehicles.
(4) Infrastructure necessary to directly support an
alternative fueled vehicle or fuel cell vehicle project funded
by the grant, including fueling and other support equipment.
(5) Operation and maintenance of vehicles, infrastructure,
and equipment acquired as part of a project funded by the
grant.
(c) Applications.--
(1) Requirements.--The Secretary shall issue requirements
for applying for grants under the pilot program. At a minimum,
the Secretary shall require that applications be submitted by
the head of a State or local government or a metropolitan
transportation authority, or any combination thereof, and a
registered participant in the Clean Cities Program of the
Department of Energy, and shall include--
(A) at least one project to enable passengers or
goods to be transferred directly from vehicles acquired
under this section to a local, regional, or national
transportation system;
(B) a description of the projects proposed in the
application, including how they meet the requirements
of this title;
(C) an estimate of the ridership or degree of use
of the projects proposed in the application;
(D) an estimate of the air pollution emissions
reduced and fossil fuel displaced as a result of the
projects proposed in the application, and a plan to
collect and disseminate environmental data, related to
the projects to be funded under the grant, over the
life of the projects;
(E) a description of how the projects proposed in
the application will be sustainable without Federal
assistance after the completion of the term of the
grant;
(F) a complete description of the costs of each
project proposed in the application, including
acquisition, construction, operation, and maintenance
costs over the expected life of the project;
(G) a description of which costs of the projects
proposed in the application will be supported by
Federal assistance under this title; and
(H) documentation to the satisfaction of the
Secretary that diesel fuel containing sulfur at not
more than 15 parts per million is available for
carrying out the projects, and a commitment by the
applicant to use such fuel in carrying out the
projects.
(2) Partners.--An applicant under paragraph (1) may carry
out projects under the pilot program in partnership with public
and private entities.
(d) Selection Criteria.--In evaluating applications under the pilot
program, the Secretary shall consider each applicant's previous
experience with similar projects and shall give priority consideration
to applications that--
(1) are most likely to maximize protection of the
environment;
(2) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed projects and the
greatest likelihood that each project proposed in the
application will be maintained or expanded after Federal
assistance under this title is completed; and
(3) exceed the minimum requirements of subsection
(c)(1)(A).
(e) Pilot Project Requirements.--
(1) Maximum amount.--The Secretary shall not provide more
than $20,000,000 in Federal assistance under the pilot program
to any applicant.
(2) Cost sharing.--The Secretary shall not provide more
than 50 percent of the cost, incurred during the period of the
grant, of any project under the pilot program.
(3) Maximum period of grants.--The Secretary shall not fund
any applicant under the pilot program for more than 5 years.
(4) Deployment and distribution.--The Secretary shall seek
to the maximum extent practicable to ensure a broad geographic
distribution of project sites.
(5) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(f) Schedule.--
(1) Publication.--Not later than 3 months after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and elsewhere as
appropriate, a request for applications to undertake projects
under the pilot program. Applications shall be due within 6
months of the publication of the notice.
(2) Selection.--Not later than 6 months after the date by
which applications for grants are due, the Secretary shall
select by competitive, peer review all applications for
projects to be awarded a grant under the pilot program.
(g) Limit on Funding.--The Secretary shall provide not less than 20
percent and not more than 25 percent of the grant funding made
available under this section for the acquisition of ultra-low sulfur
diesel vehicles.
SEC. 403. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 2 months after the date grants
are awarded under the pilot program, the Secretary shall transmit to
the Congress a report containing--
(1) an identification of the grant recipients and a
description of the projects to be funded;
(2) an identification of other applicants that submitted
applications for the pilot program; and
(3) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(b) Evaluation.--Not later than 3 years after the date of the
enactment of this Act, and annually thereafter until the pilot program
ends, the Secretary shall transmit to the Congress a report containing
an evaluation of the effectiveness of the pilot program, including an
assessment of the benefits to the environment derived from the projects
included in the pilot program as well as an estimate of the potential
benefits to the environment to be derived from widespread application
of alternative fueled vehicles and ultra-low sulfur diesel vehicles.
SEC. 404. FUEL CELL TRANSIT BUS DEMONSTRATION.
The Secretary shall establish a transit bus demonstration program
to make competitive, merit-based awards for five-year projects to
demonstrate not more than 12 fuel cell transit buses (and necessary
infrastructure) in three geographically dispersed localities. In
selecting projects under this section, the Secretary shall give
preference to projects that are most likely to mitigate congestion and
improve air quality.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$200,000,000 to carry out this title, to remain available until
expended.
TITLE V--CLEAN COAL
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) Clean Coal Power Initiative.--Except as provided in subsection
(b), there are authorized to be appropriated to the Secretary to carry
out the activities authorized by this title $200,000,000 for each of
the fiscal years 2003 through 2011, to remain available until expended.
(b) Limit on Use of Funds.--Notwithstanding subsection (a), no
funds may be used to carry out the activities authorized by this title
after September 30, 2005, unless the Secretary has transmitted to the
Committee on Energy and Commerce and the Committee on Science of the
House of Representatives, and to the Senate, the report required by
this subsection and one month has elapsed since that transmission. The
report shall include, with respect to subsection (a), a 10-year plan
containing--
(1) a detailed assessment of whether the aggregate funding
levels provided under subsection (a) are the appropriate
funding levels for that program;
(2) a detailed description of how proposals will be
solicited and evaluated, including a list of all activities
expected to be undertaken;
(3) a detailed list of technical milestones for each coal
and related technology that will be pursued; and
(4) a detailed description of how the program will avoid
problems enumerated in General Accounting Office reports on the
Clean Coal Technology Program, including problems that have
resulted in unspent funds and projects that failed either
financially or scientifically.
(c) Applicability.--Subsection (b) shall not apply to any project
begun before September 30, 2005.
SEC. 502. PROJECT CRITERIA.
(a) In General.--The Secretary shall not provide funding under this
title for any project that does not advance efficiency, environmental
performance, and cost competitiveness well beyond the level of
technologies that are in commercial service or have been demonstrated
on a scale that the Secretary determines is sufficient to demonstrate
that commercial service is viable as of the date of the enactment of
this Act.
(b) Technical Criteria for Clean Coal Power Initiative.--
(1) Gasification.--(A) In allocating the funds made
available under section 501(a), the Secretary shall ensure that
at least 80 percent of the funds are used only for projects on
coal-based gasification technologies, including gasification
combined cycle, gasification fuel cells, gasification
coproduction, and hybrid gasification/combustion.
(B) The Secretary shall set technical milestones specifying
emissions levels that coal gasification projects must be
designed to and reasonably expected to achieve. The milestones
shall get more restrictive through the life of the program. The
milestones shall be designed to achieve by 2020 coal
gasification projects able--
(i) to remove 99 percent of sulfur dioxide;
(ii) to emit no more than .05 lbs of NOx per
million BTU;
(iii) to achieve substantial reductions in mercury
emissions; and
(iv) to achieve a thermal efficiency of--
(I) 60 percent for coal of more than 9,000
Btu;
(II) 59 percent for coal of 7,000 to 9,000
Btu; and
(III) 50 percent for coal of less than
7,000 Btu.
(C) Beginning in fiscal year 2009, the Secretary may use
funds under this paragraph for a project that does not meet the
criteria described in subparagraph (A), but only if--
(i) the Secretary finds that the project is likely
to result in greater emissions reductions than would a
project funded pursuant to subparagraph (A);
(ii) the Secretary finds that the project would
permit (but not necessarily include) the activities
described in paragraph (5); and
(iii) the Secretary notifies the Congress of the
project at the time when it is approved.
(2) Other projects.--For projects not described in
paragraph (1), the Secretary shall set technical milestones
specifying emissions levels that the projects must be designed
to and reasonably expected to achieve. The milestones shall get
more restrictive through the life of the program. The
milestones shall be designed to achieve by 2010 projects able--
(A) to remove 97 percent of sulfur dioxide;
(B) to emit no more than .08 lbs of NOx per million
BTU;
(C) to achieve substantial reductions in mercury
emissions; and
(D) to achieve a thermal efficiency of--
(i) 45 percent for coal of more than 9,000
Btu;
(ii) 44 percent for coal of 7,000 to 9,000
Btu; and
(iii) 40 percent for coal of less than
7,000 Btu.
(3) Consultation.--Before setting the technical milestones
under paragraphs (1)(B) and (2), the Secretary shall consult
with the Administrator of the Environmental Protection Agency
and interested entities, including coal producers, industries
using coal, organizations to promote coal or advanced coal
technologies, environmental organizations, and organizations
representing workers.
(4) Existing units.--In the case of projects at existing
units, in lieu of the thermal efficiency requirements set forth
in paragraph (1)(B)(iv) and (2)(D), the projects shall be
designed to achieve an overall thermal design efficiency
improvement compared to the efficiency of the unit as operated,
of not less than--
(A) 7 percent for coal of more than 9,000 Btu;
(B) 6 percent for coal of 7,000 to 9,000 Btu; or
(C) 4 percent for coal of less than 7,000 Btu.
(5) Permitted uses.--In allocating funds made available
under section 501, the Secretary may fund projects that
include, as part of the project, the separation and capture of
carbon dioxide.
(c) Financial Criteria.--The Secretary shall not provide a funding
award under this title unless the recipient has documented to the
satisfaction of the Secretary that--
(1) the award recipient is financially viable without the
receipt of additional Federal funding;
(2) the recipient will provide sufficient information to
the Secretary for the Secretary to ensure that the award funds
are spent efficiently and effectively; and
(3) a market exists for the technology being demonstrated
or applied, as evidenced by statements of interest in writing
from potential purchasers of the technology.
(d) Financial Assistance.--The Secretary shall provide financial
assistance to projects that meet the requirements of subsections (a),
(b), and (c) and are likely to--
(1) achieve overall cost reductions in the utilization of
coal to generate useful forms of energy;
(2) improve the competitiveness of coal among various forms
of energy in order to maintain a diversity of fuel choices in
the United States to meet electricity generation requirements;
and
(3) demonstrate methods and equipment that are applicable
to 25 percent of the electricity generating facilities that use
coal as the primary feedstock as of the date of the enactment
of this Act.
(e) Federal Share.--The Federal share of the cost of a coal or
related technology project funded by the Secretary shall not exceed 50
percent.
(f) Applicability.--No technology, or level of emission reduction,
shall be treated as adequately demonstrated for purposes of section 111
of the Clean Air Act, achievable for purposes of section 169 of that
Act, or achievable in practice for purposes of section 171 of that Act
solely by reason of the use of such technology, or the achievement of
such emission reduction, by one or more facilities receiving assistance
under this title.
SEC. 503. REPORT.
Not later than 1 year after the date of the enactment of this Act,
and once every 2 years thereafter through 2011, the Secretary, in
consultation with other appropriate Federal agencies, shall transmit to
the Committee on Energy and Commerce and the Committee on Science of
the House of Representatives, and to the Senate, a report describing--
(1) the technical milestones set forth in section 502 and
how those milestones ensure progress toward meeting the
requirements of subsections (b)(1)(B) and (b)(2) of section
502; and
(2) the status of projects funded under this title.
SEC. 504. CLEAN COAL CENTERS OF EXCELLENCE.
As part of the program authorized in section 501, the Secretary
shall award competitive, merit-based grants to universities for the
establishment of Centers of Excellence for Energy Systems of the
Future. The Secretary shall provide grants to universities that can
show the greatest potential for advancing new clean coal technologies.
Union Calendar No. 94
108th CONGRESS
1st Session
H. R. 238
[Report No. 108-128, Part I]
_______________________________________________________________________
A BILL
To provide for Federal energy research, development, demonstration, and
commercial application activities, and for other purposes.
_______________________________________________________________________
June 27, 2003
Committee on Resources discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed