(Sec. 4) Instructs the Secretary of Energy (the Secretary) to perform an assessment that establishes measurable cost and performance-based goals for specified five-year periods for programs authorized by this Act.
(Sec. 7) Expresses the sense of Congress that the funding of the various programs authorized by titles I through IV of this Act should remain in the same proportion to each other as provided in this Act, regardless of the total amount of funding made available for them.
Title I: Energy Conservation and Energy Efficiency - Subtitle A: Alternative Fuel Vehicles - Alternative Fuel Vehicle Acceleration Act of 2001 - Directs the Secretary to establish an alternative fuel vehicle competitive grant pilot program for State and local governments and metropolitan transportation authorities. Defines alternative fuel vehicle as a motor vehicle powered in whole or in part by electricity, liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, methanol or ethanol, or propane. Authorizes appropriations.
Subtitle B: Distributed Power Hybrid Energy Systems - Directs the Secretary to develop and transmit to Congress a strategy for distributed power hybrid systems which incorporates a research, demonstration, and commercial application program to ensure reliability efficiency, and environmental integrity of distributed energy resources, as well as technology gaps and barriers that hamper the use of such systems.
(Sec. 124) Directs the Secretary to: (1) develop and implement a comprehensive research, development, demonstration, and commercial application program to improve energy efficiency, reliability, and environmental responsibility in high power density industries, such as data centers, server farms, telecommunications facilities, and heavy industry; (2) award competitive, merit-based grants to consortia of private sector entities for micro-cogeneration energy technology development; and (3) work with standards development organizations toward the development of voluntary consensus standards for distributed energy systems.
Subtitle C: Secondary Electric Vehicle Battery Use - Directs the Secretary to establish and conduct a research, development, and demonstration program for the secondary use of batteries where their original use was in transportation applications. Authorizes appropriations.
Subtitle D: Green School Buses - Clean Green School Bus Act of 2001- Directs the Secretary to establish: (1) a pilot program to award demonstration and commercial application grants for alternative fuel school buses and ultra-low sulfur diesel school buses; and (2) a program of cooperative agreements with private sector fuel cell bus developers for development and demonstration of fuel cell-powered school buses, and with local governmental units for use of natural-gas powered school buses. Authorizes appropriations.
Subtitle E: Next Generation Lighting Initiative - Next Generation Lighting Initiative Act - Authorizes the Secretary to establish the Next Generation Lighting Initiative, a research and development program to promote advanced lighting technologies (including white light emitting diodes). Directs the Secretary to study strategies for development and commercial application of such technologies.
Subtitle F: Department of Energy Authorization of Appropriations - Authorizes appropriations for the following Department of Energy programs: (1) alternative fuel vehicles; (2) micro-cogeneration energy technology; (3) the green school bus program; (4) distributed power hybrid energy systems; (5) secondary electric vehicle battery use; (6) the Next Generation Lighting Initiative; and (7) energy conservation operation and maintenance (including building technology, the state and community sector, the industry and transportation sectors, and power technologies).
(Sec. 161) Bars the use of funds earmarked for such programs for: (1) residential and commercial building energy codes; (2) lighting and appliance standards; (3) the Weatherization Assistance Program; (4) the State Energy Program; and (5) the Federal Energy Management Program.
Subtitle G: Environmental Protection Agency Office of Air and Radiation Authorization of Appropriations - Environmental Protection Agency Office of Air and Radiation Authorization Act of 2001 - Authorizes appropriations to the Administrator of the Environmental Protection Agency for the Office of Air and Radiation, with specified limitations upon their use.
(Sec. 175) Requires the Administrator to limit funding for scientific or energy demonstration or commercial application of Office energy technology programs, projects, or activities to those technologies or processes that can be reasonably expected to yield new, measurable benefits to their cost, efficiency, or performance.
Subtitle H: National Building Performance Initiative - Requires the Director of the Office of Science and Technology Policy to establish: (1) an Interagency Group to develop and implement a National Building Performance Initiative addressing energy conservation, research, and development, and transmit to Congress a multiyear implementation plan describing the Federal role in reducing use and operations costs of buildings by 30 percent by 2020; and (2) a National Building Performance Advisory Committee.
Title II: Renewable Energy - Subtitle A: Renewable Hydrogen - Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable resources.
(Sec. 205) Modifies the hydrogen research and development program to instruct the Secretary to survey private sector and public sector hydrogen research and development activities worldwide, taking steps to ensure that research and development activities under this section do not duplicate available research and development results.
(Sec. 206) Directs the Secretary to launch a fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus application.
(Sec. 207) Modifies the technology transfer program to include application in foreign countries to increase the global market for the technologies and foster global economic development without harmful environmental effects.
(Sec. 209) Abolishes the Hydrogen Technical Advisory Panel as presently constituted. Directs the Secretary to enter into arrangements with the National Academies of Sciences and Engineering to establish an advisory committee.
(Sec. 210) Authorizes appropriations through FY 2006.
(Sec. 211) Amends the Hydrogen Future Act of 1996 to repeal the program regarding the integration of fuel cells with hydrogen production systems.
Subtitle B: Bioenergy - Bioenergy Act of 2001 - Authorizes appropriations through FY 2006 for: (1) bioenergy research and development programs; (2) biofuels energy systems; and (3) integrated bioenergy research and development. Declares that: (1) such activities shall be coordinated with ongoing related Federal programs, including the Plant Genome Program of the National Science Foundation; and (2) funds may be used to assist in the planning, design, and implementation of projects to convert rice straw and barley grain into biopower or biofuels.
Subtitle C: Transmission Infrastructure Systems - Directs the Secretary to: (1) implement a comprehensive research, development, and commercial application program to ensure the reliability and environmental integrity of electrical transmission systems; and (2) transmit to Congress a five-year program plan guide. Requires program components to include: (1) advanced energy technologies and systems; (2) high capacity superconducting transmission lines and generators; (3) advanced grid reliability and efficiency technologies development; and (4) technologies contributing to significant load reductions, advanced metering, load management and control technologies, and technology transfer and education.
Subtitle D: Department of Energy Authorization of Appropriations - Authorizes appropriations through FY 2004 for Renewable Energy operation and maintenance (including wave powered electric generation). Bars the use of such appropriations for either Departmental Energy Management Program, or Renewable Indian Energy Resources.
Title III: Nuclear Energy Department of Energy University Nuclear Science and Engineering Act - Subtitle A: University Nuclear Science and Engineering - Directs the Secretary to: (1) support a program to maintain the nation's human resource investment and infrastructure in nuclear sciences and engineering; and (2) provide for designated university research and training reactor infrastructure maintenance and research activities.
(Sec. 304) Authorizes appropriations through 2006 for: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) communication and outreach related to nuclear science and engineering; (5) refueling research reactors and instrumentation upgrades; (6) re-licensing assistance; (7) a university reactor research and training award program; and (8) university-DOE laboratory interactions.
Subtitle B: Advanced Fuel Recycling Technology Research and Development Program - Directs the Secretary to conduct an advanced fuel recycling technology research and development program to promote the availability of proliferation-resistant fuel recycling technologies as an alternative to aqueous reprocessing. Authorizes appropriations through FY 2004.
Subtitle C: Department of Energy Authorization of Appropriations - Directs the Secretary, through the Office of Nuclear, Energy, Science and Technology, to conduct: (1) a Nuclear Energy Research Initiative for a competitive nuclear energy research grants program; (2) a Nuclear Energy Plant Optimization research and development program (in conjunction with industry); and (3) a study of Generation IV nuclear energy systems. Authorizes appropriations through FY 2004.
(Sec. 344) Authorizes appropriations through FY 2004 for nuclear energy operation and maintenance, including Advanced Radioisotope Power Systems, Test Reactor Landlord, and Program Direction.
Bars the use of funds authorized for these programs for: (1) Nuclear Energy Isotope Support and Production; (2) Argonne National Laboratory-West Operations; (3) Fast Flux Test Facility; or (4) Nuclear Facilities Management.
Title IV: Fossil Energy - Subtitle A: Clean Coal - National Electricity and Environmental Technology Research and Development Act - Directs the Secretary to implement research and development programs pertaining to the commercial application of clean coal technologies.
(Sec. 405) Authorizes appropriations through FY 2011 for the Clean Coal Power Initiative and through FY 2004 for other coal and related technologies programs.
(Sec. 407) Directs the Secretary to award competitive, merit-based grants for the establishment of Centers of Excellence for Energy Systems of the Future to universities with a proven record of conducting clean coal technology research and development.
Subtitle B: Oil and Gas - Directs the Secretary to conduct a research, development and commercial application program on petroleum-oil technology and natural gas technologies.
Subtitle C: Ultra-Deepwater and Unconventional Drilling - Natural Gas and Other Petroleum Research, Development, and Demonstration Act of 2001 - Directs the Secretary to conduct a research, development and commercial application program on ultra-deepwater natural gas and petroleum exploration and production technologies in areas currently available for Outer Continental Shelf leasing.
(Sec. 444) Declares that, when appropriate, the National Energy Technology Laboratory and the United States Geological Survey shall implement long-term research programs into new natural gas and other petroleum exploration and production technologies, including environmental mitigation technologies for production from unconventional and ultra-deepwater resources, including methane hydrates. Requires such Laboratory to conduct a program of research, development, and demonstration of new technologies for the reduction of greenhouse gas emissions from unconventional and ultra-deepwater natural gas or other petroleum exploration and production activities, including sub-sea floor carbon sequestration technologies.
(Sec. 445) Directs the Secretary to establish an Advisory Committee (whose members are not Federal employees or contractors) to advise on the creation of a Research Organization and upon implementation of this Act.
(Sec. 446) Prescribes a procedure for selection of an entity to create the Research Organization. Requires the Research Organization to award competitive grants to research institutions, institutions of higher education, companies, and consortia of them conducting research, development, and demonstration of: (1) unconventional and ultra-deepwater natural gas or other petroleum exploration; and (2) ultra-deepwater architecture.
(Sec. 450) Establishes the Ultra-Deepwater and Unconventional Gas Research Fund (funded by loans from the Treasury and Federal oil and gas income) to pay for such grants.
Subtitle D: Fuel Cells - Directs the Secretary to: (1) conduct a fuel cell research, development, demonstration, and commercial application program; and (2) establish a demonstration program of fuel cell technologies (including fuel cell proton exchange membrane technology) for commercial, residential, and transportation applications. Authorizes appropriations through FY 2004.
Subtitle E: Department of Energy Authorization of Appropriations - Authorizes appropriations through FY 2004 for operation and maintenance for research, development and commercial application programs on: (1) petroleum-oil technology and natural gas technologies; (2) fuel cells technologies; and (3) Fossil Energy Research and Development Headquarters Program Direction, Field Program Direction, Plant and Capital Equipment, Cooperative Research and Development, Import/Export Authorization, and Advanced Metallurgical Processes.
(Sec. 481) Prohibits the use of such appropriations for: (1) Gas Hydrates; (2) Fossil Energy Environmental Restoration; or (3) research, development, demonstration, and commercial application pertaining to coal and clean coal technologies.
Title V: Science - Subtitle A: Fusion Energy Sciences - Fusion Energy Sciences Act of 2001 - Directs the Secretary to develop a plan for: (1) U.S. construction of a magnetic fusion burning plasma experiment; and (2) the Fusion Energy Sciences Program to enable such burning plasma experiments. Authorizes plan development for U.S. participation in an international burning plasma experiment if the Secretary finds that its construction is highly likely, and that Federal participation is cost effective relative to the domestic experiment.
(Sec. 505) Authorizes appropriations through FY 2003 for plan development and review of the plans under the Fusion Energy Sciences Program, but not for their implementation.
Subtitle B: Spallation Neutron Source - Authorizes appropriations through 2006 for the Spallation Neutron Source (at Oak Ridge National Laboratory, Tennessee). Authorizes appropriations through FY 2006.
Subtitle C: Facilities, Infrastructure, and User Facilities - Directs the Secretary to: (1) develop and implement a least-cost nonmilitary energy laboratory facility and infrastructure strategy; and (2) prepare and transmit to Congress a comprehensive ten-year facility maintenance, construction, and implementation plan at each nonmilitary energy laboratory.
Subtitle D: Advisory Panel on Office of Science - Requires the Director of the Office of Science and Technology Policy to establish an Advisory Panel on the Office of Science to: (1) address concerns about the status and future of scientific research supported by the Office; (2) examine alternatives to the current organizational structure of the Office within the Department, taking into consideration existing structures for the support of scientific research in other Federal agencies and the private sector; and (3) suggest actions to strengthen the scientific research supported by the Office that might be taken jointly by the Department and Congress.
Subtitle E: Department of Energy Authorization of Appropriations - Authorizes appropriations through FY 2002 for the Office of Science (including Facilities, Infrastructure, and User Facilities, High Energy Physics, Nuclear Physics, Biological and Environmental Research, Basic Energy Sciences (except for the Spallation Neutron Source), Advanced Scientific Computing Research, Energy Research Analysis, Multiprogram Energy Laboratories-Facilities Support, Facilities and Infrastructure, Safeguards and Security, and Program Direction). Allocates specified sums for research regarding precious metal catalysis, (excluding platinum, palladium, and rhodium).
(Sec. 581) Prohibits the use of such funds for construction at any national security laboratory or at any nuclear weapons production facility .
Title VI: Miscellaneous - Subtitle A: General Provisions for the Department of Energy - Sets forth general operating parameters for the authorized activities and agreements under this Act, including management and operating contracts, and cost sharing for research and development, demonstration and commercial application projects.
(Sec. 604) Restricts: (1) the Secretary's funding power to technologies or processes under this Act that can be reasonably expected to yield new, measurable benefits to cost, efficiency, or performance; and (2) the Secretary's reprogramming authority to compliance with certain reporting requirements and appropriations ceiling.
Subtitle B: Other Miscellaneous Provisions - Requires the Secretary to provide notice to the appropriate congressional committees as a prerequisite to reorganization of any environmental research or development, scientific or energy research, development, or demonstration, or commercial application of energy technology program, project, or activity of the Department.
(Sec. 612) Specifies limits upon general plant and construction projects, including the Secretary's construction design authority.
(Sec. 615) Mandates reports to the appropriate congressional committees following review of the National Energy Policy Development Group Report on: (1) energy efficiency renewable energy, and alternative energy research and development; and (2) using the Nation's energy resources more efficiently.
(Sec. 616) Directs the Secretary to: (1) enter into arrangements with the National Academies of Sciences and Engineering to ensure periodic five-year assessments of the programs authorized by this Act, as well as their measurable cost and performance-based goals, and the progress on meeting such goals; and (2) report the results of such reviews and assessments to congressional committees.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2460 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2460
To authorize appropriations for environmental research and development,
scientific and energy research, development, and demonstration, and
commercial application of energy technology programs, projects, and
activities of the Department of Energy and of the Office of Air and
Radiation of the Environmental Protection Agency, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2001
Mr. Boehlert introduced the following bill; which was referred to the
Committee on Science
_______________________________________________________________________
A BILL
To authorize appropriations for environmental research and development,
scientific and energy research, development, and demonstration, and
commercial application of energy technology programs, projects, and
activities of the Department of Energy and of the Office of Air and
Radiation of the Environmental Protection Agency, 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 ``Comprehensive
Energy Research and Technology Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Goals.
Sec. 5. Definitions.
Sec. 6. Authorizations.
Sec. 7. Sense of Congress.
TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY
Subtitle A--Alternative Fuel Vehicles
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Pilot program.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
Subtitle B--Distributed Energy Resources
Sec. 121. Distributed energy resources research, development,
demonstration, and commercial application.
Sec. 122. Program plan.
Sec. 123. Report.
Subtitle C--Department of Energy Authorization of Appropriations
Sec. 131. Authorization of appropriations.
Subtitle D--Environmental Protection Agency Office of Air and Radiation
Authorization of Appropriations
Sec. 141. Short title.
Sec. 142. Authorization of appropriations.
Sec. 143. Limits on use of funds.
Sec. 144. Cost sharing.
Sec. 145. Limitation on demonstration and commercial applications of
energy technology.
Sec. 146. Reprogramming.
Sec. 147. Budget request format.
Sec. 148. Other provisions.
TITLE II--RENEWABLE ENERGY
Subtitle A--Hydrogen
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Reports to Congress.
Sec. 205. Hydrogen research and development.
Sec. 206. Demonstrations.
Sec. 207. Technology transfer.
Sec. 208. Coordination and consultation.
Sec. 209. Advisory committee.
Sec. 210. Authorization of appropriations.
Sec. 211. Repeal.
Subtitle B--Bioenergy
Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Definition.
Sec. 224. Authorization.
Sec. 225. Authorization of appropriations.
Subtitle C--Department of Energy Authorization of Appropriations
Sec. 241. Authorization of appropriations.
TITLE III--NUCLEAR ENERGY
Subtitle A--University Nuclear Science and Engineering
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Department of Energy program.
Sec. 304. Authorization of appropriations.
Subtitle B--Spent Nuclear Fuel and Fuel Cycle Research, Development,
and Demonstration
Sec. 321. Office of Spent Nuclear Fuel Research.
Sec. 322. Advanced fuel recycling technology research and development
program.
Subtitle C--Department of Energy Authorization of Appropriations
Sec. 341. Nuclear Energy Research Initiative.
Sec. 342. Nuclear Energy Plant Optimization program.
Sec. 343. Nuclear energy technologies.
Sec. 344. Authorization of appropriations.
TITLE IV--FOSSIL ENERGY
Subtitle A--Clean Coal
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definition.
Sec. 404. Clean Coal Power Initiative.
Sec. 405. Authorization of appropriations.
Sec. 406. Limit on use of funds.
Subtitle B--Oil and Gas
Sec. 421. Petroleum-oil technology.
Sec. 422. Gas.
Sec. 423. Unconventional and ultra-deepwater natural gas and petroleum.
Subtitle C--Fuel Cells
Sec. 441. Fuel cells.
Subtitle D--Authorization of Appropriations
Sec. 461. Authorization of appropriations.
TITLE V--SCIENCE
Subtitle A--Fusion Energy Sciences
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Plan for fusion experiment.
Sec. 504. Plan for Fusion Energy Sciences Program.
Sec. 505. Authorization of appropriations.
Subtitle B--Spallation Neutron Source
Sec. 521. Definition.
Sec. 522. Authorization of appropriations.
Sec. 523. Report.
Sec. 524. Limitations.
Subtitle C--Facilities, Infrastructure, and User Facilities
Sec. 541. Definition.
Sec. 542. Facility and infrastructure support for nonmilitary energy
laboratories.
Sec. 543. User facilities.
Subtitle D--Advisory Panel on Office of Science
Sec. 561. Establishment.
Sec. 562. Report.
Subtitle E--Department of Energy Authorization of Appropriations
Sec. 581. Authorization of appropriations.
TITLE VI--MISCELLANEOUS
Subtitle A--General Provisions for the Department of Energy
Sec. 601. Research, development, demonstration, and commercial
application of energy technology programs,
projects, and activities.
Sec. 602. Limits on use of funds.
Sec. 603. Cost sharing.
Sec. 604. Limitation on demonstration and commercial application of
energy technology.
Sec. 605. Reprogramming.
Subtitle B--Other Miscellaneous Provisions
Sec. 611. Notice of reorganization.
Sec. 612. Limits on general plant projects.
Sec. 613. Limits on construction projects.
Sec. 614. Authority for conceptual and construction design.
Sec. 615. National Energy Policy Development Group mandated reports.
Sec. 616. Independent reviews and assessments.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Nation's prosperity and way of life are sustained
by energy use;
(2) the growing imbalance between domestic energy
production and consumption means that the Nation is becoming
increasingly reliant on imported energy, which has the
potential to undermine the Nation's economy, standard of
living, and national security;
(3) energy conservation and energy efficiency help maximize
the use of available energy resources, reduce energy shortages,
lower the Nation's reliance on energy imports, mitigate the
impacts of high energy prices, and help protect the environment
and public health;
(4) development of a balanced portfolio of domestic energy
supplies will ensure that future generations of Americans will
have access to the energy they need;
(5) energy efficiency technologies, renewable and
alternative energy technologies, and advanced energy systems
technologies will help diversify the Nation's energy portfolio with few
adverse environmental impacts and are vital to delivering clean energy
to fuel the Nation's economic growth;
(6) development of reliable, affordable, and
environmentally sound energy efficiency technologies, renewable
and alternative energy technologies, and advanced energy
systems technologies will require maintenance of a vibrant
fundamental scientific knowledge base and continued scientific
and technological innovations that can be accelerated by
Federal funding, whereas commercial deployment of such systems
and technologies are the responsibility of the private sector;
(7) Federal funding should focus on those programs,
projects, and activities that are long-term, high-risk,
noncommercial, and well-managed, and that provide the potential
for scientific and technological advances; and
(8) public-private partnerships should be encouraged to
leverage scarce taxpayer dollars.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) protect and strengthen the Nation's economy, standard
of living, and national security by reducing dependence on
imported energy;
(2) meet future needs for energy services at the lowest
total cost to the Nation, including environmental costs, giving
balanced and comprehensive consideration to technologies that
improve the efficiency of energy end uses and that enhance
energy supply;
(3) reduce the air, water, and other environmental impacts
(including emissions of greenhouse gases) of energy production,
distribution, transportation, and use through the development
of environmentally sustainable energy systems;
(4) consider the comparative environmental impacts of the
energy saved or produced by specific programs, projects, or
activities;
(5) maintain the technological competitiveness of the
United States and stimulate economic growth through the
development of advanced energy systems and technologies;
(6) foster international cooperation by developing
international markets for domestically produced sustainable
energy technologies, and by transferring environmentally sound,
advanced energy systems and technologies to developing
countries to promote sustainable development;
(7) provide sufficient funding of programs, projects, and
activities that are performance-based and modeled as public-
private partnerships, as appropriate; and
(8) enhance the contribution of a given program, project,
or activity to fundamental scientific knowledge.
SEC. 4. GOALS.
(a) In General.--The Secretary shall perform an assessment that
establishes cost and performance-based goals, as appropriate, for 2005,
2010, 2015, and 2020 for each of the programs, projects, and activities
authorized by this Act that would enable each such program, project, or
activity to meet to the purposes of this Act under section 3. Such
assessment shall be based on the latest scientific and technical
knowledge, and shall also take into consideration, as appropriate, the
comparative environmental impacts (including emissions of greenhouse
gases) of the energy saved or produced by specific programs, projects,
and activities.
(b) Consultation.--In establishing the cost and performance-based
goals under subsection (a), the Secretary shall consult with the
private sector, institutions of higher learning, national laboratories,
environmental organizations, professional and technical societies, and
any other persons as the Secretary considers appropriate.
(c) Schedule.--The Secretary shall--
(1) not later than 120 days after the date of the enactment
of this Act, issue and publish in the Federal Register a set of
draft cost and performance-based goals for public comment;
(2) not later than 180 days after the date of the enactment
of this Act, after taking into consideration any public
comments received, transmit to Congress and publish in the
Federal Register the final cost and performance-based goals;
and
(3) update all such cost and performance-based goals on a
biennial basis.
SEC. 5. DEFINITIONS.
For purposes of this Act, except as otherwise provided--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``appropriate congressional committees''
means--
(A) the Committee on Science and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate;
(3) the term ``Department'' means the Department of Energy;
and
(4) the term ``Secretary'' means the Secretary of Energy.
SEC. 6. AUTHORIZATIONS.
Authorizations of appropriations under this Act are for
environmental research and development, scientific and energy research,
development, and demonstration, and commercial application of energy
technology programs, projects, and activities.
SEC. 7. SENSE OF CONGRESS.
It is the sense of the Congress that the balance of funding
priorities among the various programs authorized by this Act should
remain as provided in this Act, regardless of the total amount of
funding made available for this Act.
TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY
Subtitle A--Alternative Fuel Vehicles
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Alternative Fuel Vehicle
Acceleration Act of 2001''.
SEC. 102. DEFINITIONS.
For the purposes of this subtitle, the following definitions apply:
(1) Alternative fuel vehicle.--
(A) In general.--Except as provided in subparagraph
(B), the term ``alternative fuel vehicle'' means a
motor vehicle that is powered--
(i) in whole or in part by electricity,
including electricity supplied by a fuel cell;
(ii) by liquefied natural gas;
(iii) by compressed natural gas;
(iv) by liquefied petroleum gas;
(v) by hydrogen; or
(vi) by methanol at no less than 85 percent
by volume.
(B) Exclusions.--The term ``alternative fuel
vehicle'' does not include--
(i) any vehicle designed to operate solely
on gasoline or diesel derived from fossil
fuels, regardless of whether it can also be
operated on an alternative fuel; or
(ii) 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) Pilot program.--The term ``pilot program'' means the
competitive grant program established under section 103.
SEC. 103. PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish an alternative
fuel vehicle energy demonstration and commercial application of energy
technology competitive grant pilot program to provide not more than 15
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 fuel vehicles,
including--
(A) passenger vehicles;
(B) buses used for public transportation or
transportation to and from schools;
(C) delivery vehicles for goods or services;
(D) ground support vehicles at public airports,
including vehicles to carry baggage or push airplanes
away from terminal gates; and
(E) 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) Infrastructure necessary to directly support a project
funded by the grant, including fueling and other support
equipment.
(3) 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 shall
include--
(A) at least one project to enable passengers or
goods to be transferred directly from one alternative
fuel vehicle to another in a linked transportation
system;
(B) a description of the projects proposed in the
application, including how they meet the requirements
of this subtitle;
(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; and
(G) a description of which costs of the projects
proposed in the application will be supported by
Federal assistance under this subtitle.
(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 involving alternative fuel vehicles 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 subtitle 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 achieve nationwide
deployment of alternative fuel vehicles through the pilot
program, and shall 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 90 days after the date of
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 180
days of the publication of the notice.
(2) Selection.--Not later than 180 days 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.
SEC. 104. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 60 days after the date grants
are awarded under this subtitle, the Secretary shall transmit to the
Committee on Science of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate 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 enactment
of this Act, and annually thereafter until the pilot program ends, the
Secretary shall transmit to the Committee on Science of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate 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 fuel vehicles.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$200,000,000 to carry out this subtitle, to remain available until
expended.
Subtitle B--Distributed Energy Resources
SEC. 121. DISTRIBUTED ENERGY RESOURCES RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION.
(a) In General.--The Secretary shall develop and implement a
comprehensive and cooperative research, development, demonstration, and
commercial application program to ensure the reliability, efficiency,
and environmental responsibility of distributed energy resources. Such
program shall include advanced energy technologies and systems,
advanced grid reliability technologies development, and technology
transfer and education.
(b) Areas.--(1) In carrying out this subtitle, the Secretary shall
consider research, development, and demonstration on and commercial
application of distributed energy resources, advanced systems
development, and advanced electrical grid reliability for each of the
following:
(A) Significant advancement in efficiency for distributed
energy resources technologies.
(B) Significant advancement in efficiency for thermally
activated technologies.
(C) Significant advancement in reduction of environmental
impact by deploying pollution prevention enabling technologies
(2) The program should include the following areas:
(A) Integration of the following technologies into
distributed energy resources systems:
(i) Renewable energy resources, including
bioenergy, geothermal, solar, and wind.
(ii) Fuel cells.
(iii) Combined heat and power systems.
(iv) Microturbines.
(v) Advanced natural gas turbines.
(vi) Advanced internal combustion engine
generators.
(vii) Energy storage devices.
(viii) Any other technologies, as appropriate.
(B) Interconnection standards, protocols, and equipment.
(C) Ancillary equipment for dispatch and control.
SEC. 122. PROGRAM PLAN.
Within 120 days 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 subtitle. In preparing the program plan, the
Secretary shall consult with appropriate representatives of the
distributed energy resources industry to select and prioritize
appropriate project proposals. The Secretary may also seek the advice
of utilities, energy services providers, manufacturers, institutions of
higher learning, other appropriate State and local agencies,
environmental organizations, professional and technical societies, and
any other persons as the Secretary considers appropriate. In order to
ensure that technologies are readily adopted by private entities, the
Secretary shall create cost-sharing programs with private entities.
SEC. 123. REPORT.
Two years after the date of the enactment of this Act, and at two
year intervals thereafter, the Secretary, jointly with other
appropriate Federal agencies, shall transmit a report to Congress
describing the progress made to achieve the purposes of this subtitle
and identifying any additional resources needed to continue the
development and commercial application of distributed energy resources.
Subtitle C--Department of Energy Authorization of Appropriations
SEC. 131. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--In addition to amounts authorized
to be appropriated under section 105 and under subtitle E, there are
authorized to be appropriated to the Secretary for subtitle B and for
Energy Conservation operation and maintenance (including Building
Technology, State and Community Sector, Industry Sector, Transportation
Sector, Power Technologies, and Policy and Management) $600,000,000 for
fiscal year 2002, $700,000,000 for fiscal year 2003, and $800,000,000
for fiscal year 2004, to remain available until expended.
(b) Limits on Use of Funds.--None of the funds authorized to be
appropriated in subsection (a) may be used for--
(1) Building Technology, State and Community Sector--
(A) Residential Building Energy Codes;
(B) Commercial Building Energy Codes;
(C) Lighting and Appliance Standards;
(D) Weatherization Assistance Program; or
(E) State Energy Program; or
(2) Federal Energy Management Program.
Subtitle D--Environmental Protection Agency Office of Air and Radiation
Authorization of Appropriations
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``Environmental Protection Agency
Office of Air and Radiation Authorization Act of 2001''.
SEC. 142. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator for
the Office of Air and Radiation $156,700,000 for fiscal year 2002,
$163,000,000 for fiscal year 2003, and $169,400,000 for fiscal year
2004 to remain available until expended, of which--
(1) $28,300,000 for fiscal year 2002, $29,400,000 for
fiscal year 2003, and $30,600,000 for fiscal year 2004 shall be
for Science; and
(2) $128,400,000 for fiscal year 2002, $133,600,000 for
fiscal year 2003, and $138,800,000 for fiscal year 2004 shall
be for Climate Change Protection Programs, of which--
(A) $52,700,000 for fiscal year 2002, $54,800,000
for fiscal year 2003, and $57,000,000 for fiscal year
2004 shall be for Buildings;
(B) $32,400,000 for fiscal year 2002, $33,700,000
for fiscal year 2003, and $35,000,000 for fiscal year
2004 shall be for Transportation;
(C) $32,000,000 for fiscal year 2002, $33,300,000
for fiscal year 2003, and $34,600,000 for fiscal year
2004 shall be for Industry;
(D) $1,700,000 for fiscal year 2002, $1,750,000 for
fiscal year 2003, and $1,800,000 for fiscal year 2004
shall be for Carbon Removal;
(E) $2,500,000 for fiscal year 2002, $2,600,000 for
fiscal year 2003, and $1,800,000 for fiscal year 2004
shall be for State and Local Climate;
(F) $6,300,000 for fiscal year 2002, $6,600,000 for
fiscal year 2003, and $6,800,000 for fiscal year 2004
shall be for International Capacity Building; and
(G) $800,000 for fiscal year 2002, $850,000 for
fiscal year 2003, and $900,000 for fiscal year 2004
shall be for Technical Cooperation with Industrial and
Developing Countries.
SEC. 143. LIMITS ON USE OF FUNDS.
(a) Federal Acquisition Regulation.--
(1) Requirement.--None of the funds authorized to be
appropriated by this subtitle may be used to award, amend, or
modify a contract of the Office of Air and Radiation in a
manner that deviates from the Federal Acquisition Regulation,
unless the Administrator grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Administrator may not
delegate the authority to grant such a waiver.
(2) Congressional notice.--At least 60 days before a
contract award, amendment, or modification for which the
Administrator intends to grant such a waiver, the Administrator
shall submit to the appropriate congressional committees a
report notifying the committees of the waiver and setting forth
the reasons for the waiver.
(b) Production or Provision of Articles or Services.--None of the
funds authorized to be appropriated by this subtitle may be used to
produce or provide articles or services for the purpose of selling the
articles or services to a person outside the Federal Government, unless
the Administrator determines that comparable articles or services are
not available from a commercial source in the United States.
(c) Requests for Proposals.--None of the funds authorized to be
appropriated by this subtitle may be used by the Environmental
Protection Agency to prepare or initiate Requests for Proposals for a
program, project, or activity if the program, project, or activity has
not been specifically authorized by Congress.
(d) Trade Associations.--None of the funds authorized to be
appropriated by this subtitle may be used either directly or indirectly
to fund a grant, contract, subcontract, or any other form of financial
assistance awarded by the Environmental Protection Agency to a trade
association on a noncompetitive basis. As part of the Environmental
Protection Agency's annual budget request submission to the Congress,
the Administrator shall submit a report to the appropriate
congressional committees that identifies--
(1) the estimated amount of funds provided by the
Environmental Protection Agency to trade associations, by trade
association, for the fiscal year of such budget submission, as
well as for the 2 previous fiscal years;
(2) the services either provided or to be provided by each
such trade association; and
(3) the sources of funds for services provided by each such
trade association.
SEC. 144. COST SHARING.
(a) Research and Development.--The Administrator shall require, for
research and development programs, projects, and activities carried out
by industry under this subtitle, a commitment from non-Federal sources
of at least 20 percent of the cost of such programs, projects, and
activities.
(b) Demonstration and Commercial Application.--The Administrator
shall require a commitment from non-Federal sources of at least 50
percent of the cost of any demonstration or commercial application
program, project, or activity conducted under this subtitle.
SEC. 145. LIMITATION ON DEMONSTRATION AND COMMERCIAL APPLICATIONS OF
ENERGY TECHNOLOGY.
The Administrator shall provide funding for scientific or energy
demonstration or commercial application of energy technology programs,
projects, or activities of the Office of Air and Radiation only for
technologies or processes that can be reasonably expected to yield new,
measurable benefits to the cost, efficiency, or performance of the
technology or process.
SEC. 146. REPROGRAMMING.
(a) Authority.--The Administrator may use amounts appropriated
under this subtitle for a program, project, or activity other than the
program, project, or activity for which such amounts were appropriated
only if--
(1) the Administrator has transmitted to the appropriate
congressional committees a report described in subsection (b)
and a period of 30 days has elapsed after such committees
receive the report;
(2) amounts used for the program, project, or activity do
not exceed--
(A) 105 percent of the amount authorized for the
program, project, or activity; or
(B) $250,000 more than the amount authorized for
the program, project, or activity,
whichever is less; and
(3) the program, project, or activity has been presented
to, or requested of, the Congress by the Administrator.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
the proposed action.
(2) In the computation of the 30-day period under subsection (a),
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) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this subtitle exceed the total amount authorized
to be appropriated by this subtitle.
(2) Funds appropriated pursuant to this subtitle may not be used
for an item for which Congress has declined to authorize funds.
SEC. 147. BUDGET REQUEST FORMAT.
The Administrator shall provide to the appropriate congressional
committees, to be transmitted at the same time as the Environmental
Protection Agency's annual budget request submission, a detailed
justification for budget authorization for the programs, projects, and
activities for which funds are authorized by this subtitle. Each such
document shall include, for the fiscal year for which funding is being
requested and for the 2 previous fiscal years--
(1) a description of, and funding requested or allocated
for, each such program, project, or activity;
(2) an identification of all recipients of funds to conduct
such programs, projects, and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
SEC. 148. OTHER PROVISIONS.
(a) Annual Operating Plan and Reports.--The Administrator shall
provide simultaneously to the Committee on Science of the House of
Representatives--
(1) any annual operating plan or other operational funding
document, including any additions or amendments thereto; and
(2) any report relating to the environmental research or
development, scientific or energy research, development, or
demonstration, or commercial application of energy technology
programs, projects, or activities of the Environmental
Protection Agency,
provided to any committee of Congress.
(b) Notice of Reorganization.--The Administrator shall provide
notice to the appropriate congressional committees not later than 15
days before any reorganization of any environmental research or
development, scientific or energy research, development, or
demonstration, or commercial application of energy technology program,
project, or activity of the Office of Air and Radiation.
TITLE II--RENEWABLE ENERGY
Subtitle A--Hydrogen
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Robert S. Walker and George E.
Brown, Jr. Hydrogen Energy Act of 2001''.
SEC. 202. PURPOSES.
Section 102(b) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``(b) Purposes.--The purposes of this Act are--
``(1) to direct the Secretary to conduct research,
development, and demonstration activities leading to the
production, storage, transportation, and use of hydrogen for
industrial, commercial, residential, transportation, and
utility applications;
``(2) to direct the Secretary to develop a program of
technology assessment, information dissemination, and education
in which Federal, State, and local agencies, members of the
energy, transportation, and other industries, and other
entities may participate; and
``(3) to develop methods of hydrogen production that
minimize adverse environmental impacts, with emphasis on
efficient and cost-effective production from renewable energy
resources.''.
SEC. 203. DEFINITIONS.
Section 102(c) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as so redesignated
by paragraph (1) of this section, the following new paragraph:
``(1) `advisory committee' means the advisory committee
established under section 108;''.
SEC. 204. REPORTS TO CONGRESS.
Section 103 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``SEC. 103. REPORTS TO CONGRESS.
``(a) Requirement.--Not later than 1 year after the date of the
enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen
Energy Act of 2001, and biennially thereafter, the Secretary shall
transmit to Congress a detailed report on the status and progress of
the programs and activities authorized under this Act.
``(b) Contents.--A report under subsection (a) shall include, in
addition to any views and recommendations of the Secretary--
``(1) an assessment of the extent to which the program is
meeting the purposes specified in section 102(b);
``(2) a determination of the effectiveness of the
technology assessment, information dissemination, and education
program established under section 106;
``(3) an analysis of Federal, State, local, and private
sector hydrogen-related research, development, and
demonstration activities to identify productive areas for
increased intergovernmental and private-public sector
collaboration; and
``(4) recommendations of the advisory committee for any
improvements needed in the programs and activities authorized
by this Act.''.
SEC. 205. HYDROGEN RESEARCH AND DEVELOPMENT.
Section 104 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.
``(a) Establishment of Program.--The Secretary shall conduct a
hydrogen research and development program relating to production,
storage, transportation, and use of hydrogen, with the goal of enabling
the private sector to demonstrate the technical feasibility of using
hydrogen for industrial, commercial, residential, transportation, and
utility applications.
``(b) Elements.--In conducting the program authorized by this
section, the Secretary shall--
``(1) give particular attention to developing an
understanding and resolution of critical technical issues
preventing the introduction of hydrogen as an energy carrier
into the marketplace;
``(2) initiate or accelerate existing research and
development in critical technical issues that will contribute
to the development of more economical hydrogen production,
storage, transportation, and use, including critical technical
issues with respect to production (giving priority to those
production techniques that use renewable energy resources as
their primary source of energy for hydrogen production),
liquefaction, transmission, distribution, storage, and use
(including use of hydrogen in surface transportation); and
``(3) survey private sector and public sector hydrogen
research and development activities worldwide, and take steps
to ensure that research and development activities under this
section do not--
``(A) duplicate any available research and
development results; or
``(B) displace or compete with the privately funded
hydrogen research and development activities of United
States industry.
``(c) Evaluation of Technologies.--The Secretary shall evaluate,
for the purpose of determining whether to undertake or fund research
and development activities under this section, any reasonable new or
improved technology that could lead or contribute to the development of
economical hydrogen production, storage, transportation, and use.
``(d) Research and Development Support.--The Secretary is
authorized to arrange for tests and demonstrations and to disseminate
to researchers and developers information, data, and other materials
necessary to support the research and development activities authorized
under this section and other efforts authorized under this Act,
consistent with section 106 of this Act.
``(e) Competitive Peer Review.--The Secretary shall carry out or
fund research and development activities under this section only on a
competitive basis using peer review.
``(f) Cost Sharing.--The Secretary shall require, for research and
development activities carried out by industry under this section, a
commitment from non-Federal sources of at least 20 percent of the cost
of the project.''.
SEC. 206. DEMONSTRATIONS.
Section 105 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
(1) in subsection (a), by striking ``, preferably in self-
contained locations,'';
(2) in subsection (b), by striking ``at self-contained
sites''; and
(3) in subsection (c), by inserting ``Non-Federal Funding
Requirement.--'' after ``(c)''.
SEC. 207. TECHNOLOGY TRANSFER.
Section 106 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND
EDUCATION PROGRAM.
``(a) Program.--The Secretary shall, in consultation with the
advisory committee, conduct a program designed to accelerate wider
application of hydrogen production, storage, transportation, and use
technologies, including application in foreign countries to increase
the global market for the technologies and foster global economic
development without harmful environmental effects.
``(b) Information.--The Secretary, in carrying out the program
authorized by subsection (a), shall--
``(1) undertake an update of the inventory and assessment,
required under section 106(b)(1) of this Act as in effect
before the date of the enactment of the Robert S. Walker and
George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen
technologies and their commercial capability to economically
produce, store, transport, or use hydrogen in industrial,
commercial, residential, transportation, and utility sector;
and
``(2) develop, with other Federal agencies as appropriate
and industry, an information exchange program to improve
technology transfer for hydrogen production, storage,
transportation, and use, which may consist of workshops,
publications, conferences, and a database for the use by the
public and private sectors.''.
SEC. 208. COORDINATION AND CONSULTATION.
Section 107 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
(1) by amending paragraph (1) of subsection (a) to read as
follows:
``(1) shall establish a central point for the coordination
of all hydrogen research, development, and demonstration
activities of the Department; and''; and
(2) by amending subsection (c) to read as follows:
``(c) Consultation.--The Secretary shall consult with other Federal
agencies as appropriate, and the advisory committee, in carrying out
the Secretary's authorities pursuant to this Act.''.
SEC. 209. ADVISORY COMMITTEE.
Section 108 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``SEC. 108. ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall enter into appropriate
arrangements with the National Academies of Sciences and Engineering to
establish an advisory committee consisting of experts drawn from
domestic industry, academia, Governmental laboratories, and financial,
environmental, and other organizations, as appropriate, to review and
advise on the progress made through the programs and activities
authorized under this Act.
``(b) Cooperation.--The heads of Federal agencies shall cooperate
with the advisory committee in carrying out this section and shall
furnish to the advisory committee such information as the advisory
committee reasonably deems necessary to carry out this section.
``(c) Review.--The advisory committee shall review and make any
necessary recommendations to the Secretary on--
``(1) the implementation and conduct of programs and
activities authorized under this Act; and
``(2) the economic, technological, and environmental
consequences of the deployment of hydrogen production, storage,
transportation, and use systems.
``(d) Responsibilities of the Secretary.--The Secretary shall
consider, but need not adopt, any recommendations of the advisory
committee under subsection (c). The Secretary shall provide an
explanation of the reasons that any such recommendations will not be
implemented and include such explanation in the report to Congress
under section 103(a) of this Act.''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
``(a) Research and Development; Advisory Committee.--There are
authorized to be appropriated to the Secretary to carry out sections
104 and 108--
``(1) $40,000,000 for fiscal year 2002;
``(2) $45,000,000 for fiscal year 2003;
``(3) $50,000,000 for fiscal year 2004;
``(4) $55,000,000 for fiscal year 2005; and
``(5) $60,000,000 for fiscal year 2006.
``(b) Demonstration.--There are authorized to be appropriated to
the Secretary to carry out section 105--
``(1) $20,000,000 for fiscal year 2002;
``(2) $25,000,000 for fiscal year 2003;
``(3) $30,000,000 for fiscal year 2004;
``(4) $35,000,000 for fiscal year 2005; and
``(5) $40,000,000 for fiscal year 2006.''.
SEC. 211. REPEAL.
(a) Repeal.--Title II of the Hydrogen Future Act of 1996 is
repealed.
(b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of
1996 is amended by striking ``titles II and III'' and inserting ``title
III''.
Subtitle B--Bioenergy
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Bioenergy Act of 2001''.
SEC. 222. FINDINGS.
Congress finds that bioenergy has potential to help--
(1) meet the Nation's energy needs;
(2) reduce reliance on imported fuels;
(3) promote rural economic development;
(4) provide for productive utilization of agricultural
residues and waste materials; and
(5) protect the environment.
SEC. 223. DEFINITION.
For purposes of this subtitle the term ``biofuels'' includes
production of industrial chemicals.
SEC. 224. AUTHORIZATION.
The Secretary is authorized to conduct environmental research and
development, scientific and energy research, development, and
demonstration, and commercial application of energy technology
programs, projects, and activities related to bioenergy, including
biopower energy systems, biofuels energy systems, and integrated
bioenergy research and development (including biofuels).
SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
(a) Biopower Energy Systems.--There are authorized to be
appropriated to the Secretary for Biopower Energy Systems programs,
projects, and activities--
(1) $45,700,000 for fiscal year 2002;
(2) $52,500,000 for fiscal year 2003;
(3) $60,300,000 for fiscal year 2004;
(4) $69,300,000 for fiscal year 2005; and
(5) $79,600,000 for fiscal year 2006.
(b) Biofuels Energy Systems.--There are authorized to be
appropriated to the Secretary for biofuels energy systems programs,
projects, and activities--
(1) $53,500,000 for fiscal year 2002;
(2) $61,400,000 for fiscal year 2003;
(3) $70,600,000 for fiscal year 2004;
(4) $81,100,000 for fiscal year 2005; and
(5) $93,200,000 for fiscal year 2006.
(c) Integrated Bioenergy Research and Development.--There are
authorized to be appropriated to the Secretary for integrated bioenergy
research and development (including biofuels) programs, projects, and
activities, $49,000,000 for each of the fiscal years 2002 through 2006.
Activities funded under this subsection shall be coordinated with
ongoing related programs of other Federal agencies.
Subtitle C--Department of Energy Authorization of Appropriations
SEC. 241. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--There are authorized to be
appropriated to the Secretary for Renewable Energy operation and
maintenance, including Geothermal Technology Development, Hydropower,
Concentrating Solar Power, Photovoltaic Energy Systems, Solar Building
Technology Research, Wind Energy Systems, High Temperature
Superconducting Research and Development, Energy Storage Systems,
Transmission Reliability, International Renewable Energy Program,
Renewable Energy Production Incentive Program, Renewable Program
Support, National Renewable Energy Laboratory, and Program Direction,
and including amounts authorized under the amendment made by section
210 and amounts authorized under section 225, $475,000,000 for fiscal
year 2002, $585,000,000 for fiscal year 2003, and $620,000,000 for
fiscal year 2004, to remain available until expended.
(b) Limits on Use of Funds.--None of the funds authorized to be
appropriated in subsection (a) may be used for--
(1) Departmental Energy Management Program; or
(2) Renewable Indian Energy Resources.
TITLE III--NUCLEAR ENERGY
Subtitle A--University Nuclear Science and Engineering
SEC. 301. SHORT TITLE.
This subtitle may be cited as ``Department of Energy University
Nuclear Science and Engineering Act''.
SEC. 302. FINDINGS.
The Congress finds the following:
(1) United States university nuclear science and
engineering programs are in a state of serious decline, with nuclear
engineering enrollment at a 35-year low. Since 1980, the number of
nuclear engineering university programs has declined nearly 40 percent,
and over two-thirds of the faculty in these programs are 45 years of
age or older. Also, since 1980, the number of university research and
training reactors in the United States has declined by over 50 percent.
Most of these reactors were built in the late 1950s and 1960s with 30-
year to 40-year operating licenses, and many require relicensing in the
next several years.
(2) A decline in a competent nuclear workforce, and the
lack of adequately trained nuclear scientists and engineers,
will affect the ability of the United States to solve future
nuclear waste storage issues, operate existing and design
future fission reactors in the United States, respond to future
nuclear events worldwide, help stem the proliferation of
nuclear weapons, and design and operate naval nuclear reactors.
(3) The Department of Energy's Office of Nuclear Energy,
Science and Technology, a principal Federal agency for civilian
research in nuclear science and engineering, is well suited to
help maintain tomorrow's human resource and training investment
in the nuclear sciences and engineering.
SEC. 303. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary, through the Office of Nuclear
Energy, Science and Technology, shall support a program to maintain the
Nation's human resource investment and infrastructure in the nuclear
sciences and engineering consistent with the Department's statutory
authorities related to civilian nuclear research, development, and
demonstration and commercial application of energy technology.
(b) Duties of the Office of Nuclear Energy, Science and
Technology.--In carrying out the program under this subtitle, the
Director of the Office of Nuclear Energy, Science and Technology
shall--
(1) develop a robust graduate and undergraduate fellowship
program to attract new and talented students;
(2) assist universities in recruiting and retaining new
faculty in the nuclear sciences and engineering through a
Junior Faculty Research Initiation Grant Program;
(3) maintain a robust investment in the fundamental nuclear
sciences and engineering through the Nuclear Engineering
Education Research Program;
(4) encourage collaborative nuclear research among
industry, national laboratories, and universities through the
Nuclear Energy Research Initiative; and
(5) support communication and outreach related to nuclear
science and engineering.
(c) Maintaining University Research and Training Reactors and
Associated Infrastructure.--The Secretary, through the Office of
Nuclear Energy, Science and Technology, shall provide for the following
university research and training reactor infrastructure maintenance and
research activities:
(1) Refueling of university research reactors with low
enriched fuels, upgrade of operational instrumentation, and
sharing of reactors among universities.
(2) In collaboration with the United States nuclear
industry, assistance, where necessary, in relicensing and
upgrading university training reactors as part of a student
training program.
(3) A university reactor research and training award
program that provides for reactor improvements as part of a
focused effort that emphasizes research, training, and
education.
(d) University-DOE Laboratory Interactions.--The Secretary, through
the Office of Nuclear Energy, Science and Technology, shall develop--
(1) a sabbatical fellowship program for university faculty
to spend extended periods of time at Department of Energy
laboratories in the areas of nuclear science and technology;
and
(2) a visiting scientist program in which laboratory staff
can spend time in academic nuclear science and engineering
departments.
The Secretary may under subsection (b)(1) provide for fellowships for
students to spend time at Department of Energy laboratories in the
areas of nuclear science and technology under the mentorship of
laboratory staff.
(e) Operations and Maintenance.--To the extent that the use of a
university research reactor is funded under this subtitle, funds
authorized under this subtitle may be used to supplement operation of
the research reactor during the investigator's proposed effort. The
host institution shall provide at least 50 percent of the cost of the
reactor's operation.
(f) Merit Review Required.--All grants, contracts, cooperative
agreements, or other financial assistance awards under this subtitle
shall be made only after independent merit review.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary, to remain available until expended, for
the purposes of carrying out this subtitle:
(1) $30,200,000 for fiscal year 2002.
(2) $41,000,000 for fiscal year 2003.
(3) $47,900,000 for fiscal year 2004.
(4) $55,600,000 for fiscal year 2005.
(5) $64,100,000 for fiscal year 2006.
(b) Graduate and Undergraduate Fellowships.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(b)(1):
(1) $3,000,000 for fiscal year 2002.
(2) $3,100,000 for fiscal year 2003.
(3) $3,200,000 for fiscal year 2004.
(4) $3,200,000 for fiscal year 2005.
(5) $3,200,000 for fiscal year 2006.
(c) Junior Faculty Research Initiation Grant Program.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(b)(2):
(1) $5,000,000 for fiscal year 2002.
(2) $7,000,000 for fiscal year 2003.
(3) $8,000,000 for fiscal year 2004.
(4) $9,000,000 for fiscal year 2005.
(5) $10,000,000 for fiscal year 2006.
(d) Nuclear Engineering Education Research Program.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(b)(3):
(1) $8,000,000 for fiscal year 2002.
(2) $12,000,000 for fiscal year 2003.
(3) $13,000,000 for fiscal year 2004.
(4) $15,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(e) Communication and Outreach Related to Nuclear Science and
Engineering.--Of the funds authorized by subsection (a), the following
sums are authorized to be appropriated to carry out section 303(b)(5):
(1) $200,000 for fiscal year 2002.
(2) $200,000 for fiscal year 2003.
(3) $300,000 for fiscal year 2004.
(4) $300,000 for fiscal year 2005.
(5) $300,000 for fiscal year 2006.
(f) Refueling of University Research Reactors and Instrumentation
Upgrades.--Of the funds authorized by subsection (a), the following
sums are authorized to be appropriated to carry out section 303(c)(1):
(1) $6,000,000 for fiscal year 2002.
(2) $6,500,000 for fiscal year 2003.
(3) $7,000,000 for fiscal year 2004.
(4) $7,500,000 for fiscal year 2005.
(5) $8,000,000 for fiscal year 2006.
(g) Relicensing Assistance.--Of the funds authorized by subsection
(a), the following sums are authorized to be appropriated to carry out
section 303(c)(2):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
(h) Reactor Research and Training Award Program.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(c)(3):
(1) $6,000,000 for fiscal year 2002.
(2) $10,000,000 for fiscal year 2003.
(3) $14,000,000 for fiscal year 2004.
(4) $18,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(i) University-DOE Laboratory Interactions.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(d):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
Subtitle B--Spent Nuclear Fuel and Fuel Cycle Research, Development,
and Demonstration
SEC. 321. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) Definition.--In this section the term ``Associate Director''
means the Associate Director of the Office of Spent Nuclear Fuel
Research established by subsection (b).
(b) Establishment.--There is established an Office of Spent Nuclear
Fuel Research within the Office of Nuclear Energy, Science and
Technology of the Department.
(c) Head of Office.--The Office of Spent Nuclear Fuel Research
shall be headed by the Associate Director, who shall be a member of the
Senior Executive Service appointed by the Director of the Office of
Nuclear Energy, Science and Technology, and compensated at a rate
determined by applicable law.
(d) Duties of the Associate Director.--
(1) Participation.--The Associate Director shall coordinate
the participation of national laboratories, other Department
facilities, universities, the commercial nuclear industry, and
other organizations in the research, development, and
demonstration of technologies for the treatment, recycling, and
disposal of spent nuclear fuel and high-level radioactive
waste.
(2) Activities.--The Associate Director shall--
(A) develop a research plan to provide
recommendations to the Secretary by 2015;
(B) identify promising technologies for the
treatment, recycling, and disposal of spent nuclear
fuel and high-level radioactive waste;
(C) conduct research, development, and
demonstration activities for promising technologies;
(D) ensure that all activities include as key
objectives minimization of proliferation concerns and
risk to health of the general public and site workers,
as well as development of cost-effective technologies;
(E) require research on both reactor-based and
accelerator-based transmutation systems;
(F) require research on advanced processing and
separations;
(G) include participation of international
collaborators in research efforts, and provide funding
to a collaborator that brings unique capabilities not
available in the United States if the country in which
the collaborator is located is unable to provide
support; and
(H) ensure that research efforts are coordinated
with research on advanced fuel cycles and reactors
conducted by the Office of Nuclear Energy, Science and
Technology.
(e) Grant and Contract Authority.--The Secretary may make grants,
or enter into contracts, for the purposes of the activities described
in subsection (d)(2).
(f) Report.--The Secretary shall report on the activities and
expenditures of the Office, describing the progress being made in the
activities described in subsection (d)(2), as part of the Department's
annual budget submission.
SEC. 322. ADVANCED FUEL RECYCLING TECHNOLOGY RESEARCH AND DEVELOPMENT
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 further
the availability of proliferation-resistant fuel recycling technologies
as an alternative to aqueous reprocessing 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.
(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.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year 2003 and
fiscal year 2004.
Subtitle C--Department of Energy Authorization of Appropriations
SEC. 341. NUCLEAR ENERGY RESEARCH INITIATIVE.
(a) Program.--The Secretary, through the Office of Nuclear Energy,
Science and Technology, shall conduct a Nuclear Energy Research
Initiative for grants to be competitively awarded and subject to peer
review for research relating to nuclear energy.
(b) Objectives.--The program shall be directed toward accomplishing
the objectives of--
(1) developing advanced concepts and scientific
breakthroughs in nuclear fission and reactor technology to
address and overcome the principal technical and scientific
obstacles to the expanded use of nuclear energy in the United
States;
(2) advancing the state of nuclear technology to maintain a
competitive position in foreign markets and a future domestic
market;
(3) promoting and maintaining a United States nuclear
science and engineering infrastructure to meet future technical
challenges;
(4) providing an effective means to collaborate on a cost-
shared basis with international agencies and research
organizations to address and influence nuclear technology
development worldwide; and
(5) promoting United States leadership and partnerships in
bilateral and multilateral nuclear energy research.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $60,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year 2003 and
fiscal year 2004.
SEC. 342. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.
(a) Program.--The Secretary, through the Office of Nuclear Energy,
Science and Technology, shall conduct a Nuclear Energy Plant
Optimization research and development program jointly with industry and
cost-shared by industry by least 50 percent and subject to annual
review by the Secretary's Nuclear Energy Research Advisory Committee or
other independent entity, as appropriate.
(b) Objectives.--The program shall be directed toward accomplishing
the objectives of--
(1) managing long-term effects of component aging; and
(2) improving the efficiency and productivity of existing
nuclear power stations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $15,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
SEC. 343. NUCLEAR ENERGY TECHNOLOGIES.
(a) In General.--The Secretary, through the Office of Nuclear
Energy, Science and Technology, shall conduct a study of Generation IV
nuclear energy systems, including development of a technology roadmap
and performance of research and development necessary to make an
informed technical decision regarding the most promising candidates for
commercial application.
(b) Reactor Characteristics.--To the extent practicable, in
conducting the study under subsection (a), the Secretary shall study
nuclear energy systems that offer the highest probability of achieving
the goals for Generation IV nuclear energy systems, including--
(1) economics competitive with any other generators;
(2) enhanced safety features, including passive safety
features;
(3) substantially reduced production of high-level waste,
as compared with the quantity of waste produced by reactors in
operation on the date of enactment of this Act;
(4) highly proliferation-resistant fuel and waste;
(5) sustainable energy generation including optimized fuel
utilization; and
(6) substantially improved thermal efficiency, as compared
with the thermal efficiency of reactors in operation on the
date of enactment of this Act.
(c) Consultation.--In conducting the study under subsection (a),
the Secretary shall consult with appropriate representatives of
industry, institutions of higher education, Federal agencies, and
international, professional, and technical organizations.
(d) Report.--
(1) In general.--Not later than December 31, 2002, the
Secretary shall transmit to the appropriate congressional
committees a report describing the activities of the Secretary
under this section, and plans for research and development
leading to a public/private cooperative demonstration of one or
more Generation IV nuclear energy systems.
(2) Contents.--The report shall contain--
(A) an assessment of all available technologies;
(B) a summary of actions needed for the most
promising candidates to be considered as viable
commercial options within the five to ten years after
the date of the report, with consideration of
regulatory, economic, and technical issues;
(C) a recommendation of not more than three
promising Generation IV nuclear energy system concepts
for further development;
(D) an evaluation of opportunities for public/
private partnerships;
(E) a recommendation for structure of a public/
private partnership to share in development and
construction costs;
(F) a plan leading to the selection and conceptual
design, by September 30, 2004, of at least one
Generation IV nuclear energy system concept recommended
under subparagraph (C) for demonstration through a
public/private partnership;
(G) an evaluation of opportunities for siting
demonstration facilities on Department of Energy land;
and
(H) a recommendation for appropriate involvement of
other Federal agencies.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section and to carry
out the recommendations in the report transmitted under subsection
(d)--
(1) $50,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year 2003 and
fiscal year 2004.
SEC. 344. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--There are authorized to be
appropriated to the Secretary to carry out activities authorized under
this title for nuclear energy operation and maintenance, including
amounts authorized under sections 304(a), 322(c), 341(c), 342(c), and
343(e), and including Advanced Radioisotope Power Systems, Test Reactor
Landlord, and Program Direction, $221,000,000 for fiscal year 2002,
$230,000,000 for fiscal year 2003, and $240,000,000 for fiscal year
2004, to remain available until expended.
(b) Construction.--There are authorized to be appropriated to the
Secretary--
(1) $950,000 for fiscal year 2002, $2,200,000 for fiscal
year 2003, $1,246,000 for fiscal year 2004, and $1,699,000 for
fiscal year 2005 for completion of construction of Project 99-
E-200, Test Reactor Area Electric Utility Upgrade, Idaho
National Engineering and Environmental Laboratory; and
(2) $500,000 for fiscal year 2002, $500,000 for fiscal year
2003, $500,000 for fiscal year 2004, and $500,000 for fiscal
year 2005, for completion of construction of Project 95-E-201,
Test Reactor Area Fire and Life Safety Improvements, Idaho
National Engineering and Environmental Laboratory.
(c) Limits on Use of Funds.--None of the funds authorized to be
appropriated in subsection (a) may be used for Nuclear Energy Isotope
Support and Production, Argonne National Laboratory-West Operations,
Fast Flux Test Facility, or Nuclear Facilities Management.
TITLE IV--FOSSIL ENERGY
Subtitle A--Clean Coal
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ``National Electricity and
Environmental Technology Research and Development Act''.
SEC. 402. FINDINGS.
Congress finds that--
(1) reliable, affordable, increasingly clean electricity
will continue to power the growing United States economy;
(2) an increasing use of electrotechnologies, the desire
for continuous environmental improvement, a more competitive
electricity market, and concerns about rising energy prices add
importance to the need for reliable, affordable, increasingly
clean electricity;
(3) coal, which, as of the date of enactment of this Act,
accounts for more than \1/2\ of all electricity generated in
the United States, is the most abundant fossil energy resource
of the United States;
(4) coal comprises more than 85 percent of all fossil
resources in the United States and exists in quantities
sufficient to supply the United States for 250 years at current
usage rates;
(5) investments in electricity generating facility
emissions control technology over the past 30 years have
reduced the aggregate emissions of pollutants from coal-based
generating facilities by 21 percent, even as coal use for
electricity generation has nearly tripled; and
(6) continued environmental improvement in coal-based
generation through continued research, development, and
demonstration toward an ultimate goal of near-zero emissions is
important and desirable.
SEC. 403. DEFINITION.
In this subtitle, the term ``cost and performance-based goals''
means the cost and performance-based goals established under section 4.
SEC. 404. CLEAN COAL POWER INITIATIVE.
(a) In General.--The Secretary shall carry out a program of
research on and development, demonstration, and commercial application
of clean coal technologies under--
(1) this subtitle;
(2) the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801
et seq.); and
(4) title XIII of the Energy Policy Act of 1992 (42 U.S.C.
13331 et seq.).
(b) Conditions.--The research, development, demonstration, and
commercial application program described in subsection (a) shall be
designed to achieve the cost and performance-based goals.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) Clean Coal Power Initiative.--Except as provided in section
406, there are authorized to be appropriated to the Secretary to carry
out the Clean Coal Power Initiative under section 404 $200,000,000 for
each of the fiscal years 2002 through 2011, to remain available until
expended.
(b) Other Coal and Related Technologies Programs.--Except as
provided in section 406, there are authorized to be appropriated to the
Secretary $172,000,000 for fiscal year 2002, $179,000,000 for fiscal
year 2003, and $186,000,000 for fiscal year 2004, to remain available
until expended, for other coal and related technologies programs, which
shall include--
(1) Innovations for Existing Plants;
(2) Integrated Gasification Combined Cycle;
(3) Pressurized Fluidized Bed Systems;
(4) Turbines;
(5) Sequestration Research and Development;
(6) Transportation Fuels and Chemicals;
(7) Solid Fuels and Feedstocks;
(8) Advanced Fuels Research; and
(9) Advanced Research.
SEC. 406. LIMIT ON USE OF FUNDS.
Notwithstanding section 405, no funds may be used to carry out the
activities authorized by this subtitle until 30 days after the
Secretary transmits a report to the appropriate congressional
committees that includes a detailed 10-year plan on implementation,
Federal and non-Federal funding profiles, and provisions for
recoupment of Federal funding, and that addresses in detail how the
Department intends to avoid management problems encountered in the
administration of the Clean Coal Technology Program.
Subtitle B--Oil and Gas
SEC. 421. PETROLEUM-OIL TECHNOLOGY.
The Secretary shall conduct a program of research, development,
demonstration, and commercial application on petroleum-oil technology.
The program shall address--
(1) Exploration and Production Supporting Research;
(2) Oil Technology Reservoir Management/Extension; and
(3) Effective Environmental Protection.
SEC. 422. GAS.
The Secretary shall conduct a program of research, development,
demonstration, and commercial application on natural gas technologies.
The program shall address--
(1) Exploration and Production;
(2) Infrastructure; and
(3) Effective Environmental Protection.
SEC. 423. UNCONVENTIONAL AND ULTRA-DEEPWATER NATURAL GAS AND PETROLEUM.
The Secretary shall conduct a program of research, development, and
demonstration of unconventional and ultra-deepwater natural gas and
petroleum exploration and production technologies.
Subtitle C--Fuel Cells
SEC. 444. FUEL CELLS.
The Secretary shall conduct a program of research, development,
demonstration, and commercial application on fuel cells. The program
shall address--
(1) Advanced Research;
(2) Systems Development;
(3) Vision 21-Hybrids; and
(4) Innovative Concepts.
Subtitle D--Authorization of Appropriations
SEC. 461. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--There are authorized to be
appropriated to the Secretary for operation and maintenance for
subtitles B and C, and for Fossil Energy Research and Development
Headquarters Program Direction, Field Program Direction, Plant and
Capital Equipment, Cooperative Research and Development, Import/Export
Authorization, and Advanced Metallurgical Processes $238,000,000 for
fiscal year 2002, $247,000,000 for fiscal year 2003, and $257,000,000
for fiscal year 2004, to remain available until expended.
(b) Limits on Use of Funds.--None of the funds authorized to be
appropriated in subsection (a) may be used for--
(1) Gas Hydrates.
(2) Fossil Energy Environmental Restoration; or
(3) research, development, demonstration, and commercial
application on coal and related technologies, including
activities under subtitle A.
TITLE V--SCIENCE
Subtitle A--Fusion Energy Sciences
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ``Fusion Energy Sciences Act of
2001''.
SEC. 502. FINDINGS.
The Congress finds that--
(1) economic prosperity is closely linked to an affordable
and ample energy supply;
(2) environmental quality is closely linked to energy
production and use;
(3) population, worldwide economic development, energy
consumption, and stress on the environment are all expected to
increase substantially in the coming decades;
(4) the few energy options with the potential to meet
economic and environmental needs for the long-term future
should be pursued as part of a balanced national energy plan;
(5) fusion energy is an attractive long-term energy source
because of the virtually inexhaustible supply of fuel, and the
promise of minimal adverse environmental impact and inherent
safety;
(6) the National Research Council, the President's
Committee of Advisers on Science and Technology, and the
Secretary of Energy Advisory Board have each recently reviewed
the Fusion Energy Sciences Program and each strongly supports
the fundamental science and creative innovation of the program,
and has confirmed that progress toward the goal of producing
practical fusion energy has been excellent, although much
scientific and engineering work remains to be done;
(7) each of these reviews stressed the need for a magnetic
fusion burning plasma experiment to address key scientific
issues and as a necessary step in the development of fusion
energy;
(8) the National Research Council has also called for a
broadening of the Fusion Energy Sciences Program research base
as a means to more fully integrate the fusion science community
into the broader scientific community; and
(9) the Fusion Energy Sciences Program budget is inadequate
to support the necessary science and innovation for the present
generation of experiments, and cannot accommodate the cost of a
burning plasma experiment constructed by the United States, or
even the cost of key participation by the United States in an
international effort.
SEC. 503. PLAN FOR FUSION EXPERIMENT.
(a) Plan for United States Fusion Experiment.--The Secretary, on
the basis of full consultation with the Fusion Energy Sciences Advisory
Committee and the Secretary of Energy Advisory Board, as appropriate,
shall develop a plan for United States construction of a magnetic
fusion burning plasma experiment for the purpose of accelerating
scientific understanding of fusion plasmas. The Secretary shall request
a review of the plan by the National Academy of Sciences, and shall
transmit the plan and the review to the Congress by July 1, 2004.
(b) Requirements of Plan.--The plan described in subsection (a)
shall--
(1) address key burning plasma physics issues; and
(2) include specific information on the scientific
capabilities of the proposed experiment, the relevance of these
capabilities to the goal of practical fusion energy, and the
overall design of the experiment including its estimated cost
and potential construction sites.
(c) United States Participation in an International Experiment.--In
addition to the plan described in subsection (a), the Secretary, on the
basis of full consultation with the Fusion Energy Sciences Advisory
Committee and the Secretary of Energy Advisory Board, as appropriate,
may also develop a plan for United States participation in an
international burning plasma experiment for the same purpose, whose
construction is found by the Secretary to be highly likely and where
United States participation is cost effective relative to the cost and
scientific benefits of a domestic experiment described in subsection
(a). If the Secretary elects to develop a plan under this subsection,
he shall include the information described in subsection (b), and an
estimate of the cost of United States participation in such an
international experiment. The Secretary shall request a review by the
National Academies of Sciences and Engineering of a plan developed
under this subsection, and shall transmit the plan and the review to
the Congress not later than July 1, 2004.
(d) Authorization of Research and Development.--The Secretary,
through the Fusion Energy Sciences Program, may conduct any research
and development necessary to fully develop the plans described in this
section.
SEC. 504. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.
Not later than 6 months after the date of the enactment of this
Act, the Secretary, in full consultation with FESAC, shall develop and
transmit to the Congress a plan for the purpose of ensuring a strong
scientific base for the Fusion Energy Sciences Program and to enable
the experiments described in section 503. Such plan shall include as
its objectives--
(1) to ensure that existing fusion research facilities and
equipment are more fully utilized with appropriate measurements
and control tools;
(2) to ensure a strengthened fusion science theory and
computational base;
(3) to ensure that the selection of and funding for new
magnetic and inertial fusion research facilities is based on
scientific innovation and cost effectiveness;
(4) to improve the communication of scientific results and
methods between the fusion science community and the wider
scientific community;
(5) to ensure that adequate support is provided to optimize
the design of the magnetic fusion burning plasma experiments
referred to in section 503;
(6) to ensure that inertial confinement fusion facilities
are utilized to the extent practicable for the purpose of
inertial fusion energy research and development;
(7) to develop a roadmap for a fusion-based energy source
that shows the important scientific questions, the evolution of
confinement configurations, the relation between these two
features, and their relation to the fusion energy goal;
(8) to establish several new centers of excellence,
selected through a competitive peer-review process and devoted
to exploring the frontiers of fusion science;
(9) to ensure that the National Science Foundation, and
other agencies, as appropriate, play a role in extending the
reach of fusion science and in sponsoring general plasma
science; and
(10) to ensure that there be continuing broad assessments
of the outlook for fusion energy and periodic external reviews
of fusion energy sciences.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for the
development and review, but not for implementation, of the plans
described in this subtitle and for activities of the Fusion Energy
Sciences Program $320,000,000 for fiscal year 2002 and $335,000,000 for
fiscal year 2003, of which up to $15,000,000 for each of fiscal year
2002 and fiscal year 2003 may be used to establish several new centers
of excellence, selected through a competitive peer-review process and
devoted to exploring the frontiers of fusion science.
Subtitle B--Spallation Neutron Source
SEC. 521. DEFINITION.
For the purposes of this subtitle, the term ``Spallation Neutron
Source'' means Department Project 99-E-334, Oak Ridge National
Laboratory, Oak Ridge, Tennessee.
SEC. 522. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Construction Funding.--There are authorized to
be appropriated to the Secretary for construction of the Spallation
Neutron Source--
(1) $276,300,000 for fiscal year 2002;
(2) $210,571,000 for fiscal year 2003;
(3) $124,600,000 for fiscal year 2004;
(4) $79,800,000 for fiscal year 2005; and
(5) $41,100,000 for fiscal year 2006 for completion of
construction.
(b) Authorization of Other Project Funding.--There are authorized
to be appropriated to the Secretary for other project costs (including
research and development necessary to complete the project,
preoperations costs, and capital equipment not related to construction)
of the Spallation Neutron Source $15,353,000 for fiscal year 2002 and
$103,279,000 for the period encompassing fiscal years 2003 through
2006, to remain available until expended through September 30, 2006.
SEC. 523. 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. 524. 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.
Subtitle C--Facilities, Infrastructure, and User Facilities
SEC. 541. DEFINITION.
For purposes of this subtitle--
(1) the term ``nonmilitary energy laboratory'' means--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator 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;
or
(K) any other facility of the Department that the
Secretary, in consultation with the Director, Office of
Science and the appropriate congressional committees,
determines to be consistent with the mission of the
Office of Science; and
(2) the term ``user facility'' means--
(A) an Office of Science facility at a nonmilitary
energy laboratory that provides special scientific and
research capabilities, including technical expertise
and support as appropriate, to serve the research needs
of the Nation's universities, industry, private
laboratories, Federal laboratories, and others,
including research institutions or individuals from
other nations where reciprocal accommodations are
provided to United States research institutions and
individuals or where the Secretary considers such
accommodation to be in the national interest; and
(B) any other Office of Science funded facility
designated by the Secretary as a user facility.
SEC. 542. FACILITY AND INFRASTRUCTURE SUPPORT FOR NONMILITARY ENERGY
LABORATORIES.
(a) Facility Policy.--The Secretary shall develop and implement a
least-cost nonmilitary energy laboratory facility and infrastructure
strategy for--
(1) maintaining existing facilities and infrastructure, as
needed;
(2) closing unneeded facilities;
(3) making facility modifications; and
(4) building new facilities.
(b) Plan.--The Secretary shall prepare a comprehensive 10-year plan
for conducting future facility maintenance, making repairs,
modifications, and new additions, and constructing new facilities at
each nonmilitary energy laboratory. Such plan shall provide for
facilities work in accordance with the following priorities:
(1) Providing for the safety and health of employees,
visitors, and the general public with regard to correcting
existing structural, mechanical, electrical, and environmental
deficiencies.
(2) Providing for the repair and rehabilitation of existing
facilities to keep them in use and prevent deterioration, if
feasible.
(3) Providing engineering design and construction services
for those facilities that require modification or additions in
order to meet the needs of new or expanded programs.
(c) Report.--
(1) Transmittal.--Within 1 year after the date of the
enactment of this Act, the Secretary shall prepare and transmit
to the appropriate congressional committees a report containing
the plan prepared under subsection (b).
(2) Contents.--For each nonmilitary energy laboratory, 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.
(3) Additional elements.--The report shall also--
(A) include a plan for new facilities and facility
modifications at each nonmilitary energy laboratory
that will be required to meet the Department's changing
missions of the twenty-first century, including
schedules and estimates for implementation, and
including a section outlining long-term funding
requirements consistent with anticipated budgets and
annual authorization of appropriations;
(B) address the coordination of modernization and
consolidation of facilities among the nonmilitary
energy laboratories in order to meet changing mission
requirements; and
(C) provide for annual reports to the appropriate
congressional committees on accomplishments,
conformance to schedules, commitments, and
expenditures.
SEC. 543. USER FACILITIES.
(a) Notice Requirement.--When the Department makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of
such availability or such need for input to universities and other
potential users.
(b) Competition Requirement.--When the Department considers the
participation of a university or other potential user in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a participant.
(c) Prohibition.--The Department may not redesignate a user
facility, as defined by section 541(b) as something other than a user
facility for avoid the requirements of subsections (a) and (b).
Subtitle D--Advisory Panel on Office of Science
SEC. 561. ESTABLISHMENT.
The Director of the Office of Science and Technology Policy, in
consultation with the Secretary, shall establish an Advisory Panel on
the Office of Science comprised of knowledgeable individuals to--
(1) address concerns about the current status and the
future of scientific research supported by the Office;
(2) examine alternatives to the current organizational
structure of the Office within the Department, taking into
consideration existing structures for the support of scientific
research in other Federal agencies and the private sector; and
(3) suggest actions to strengthen the scientific research
supported by the Office that might be taken jointly by the
Department and Congress.
SEC. 562. REPORT.
Within 180 days after the date of the enactment of this Act, the
Advisory Panel shall transmit its findings and recommendations in a
report to the Director of the Office of Science and Technology Policy
and the Secretary. The Director and the Secretary shall jointly--
(1) consider each of the Panel's findings and
recommendations, and comment on each as they consider
appropriate; and
(2) transmit the Panel's report and the comments of the
Director and the Secretary on the report to the appropriate
congressional committees within 270 days after the date of the
enactment of this Act.
Subtitle E--Department of Energy Authorization of Appropriations
SEC. 581. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--Including the amounts authorized to
be appropriated for fiscal year 2002 under section 505 for Fusion
Energy Sciences and under section 522(b) for the Spallation Neutron
Source, there are authorized to be appropriated to the Secretary for
the Office of Science (also including High Energy Physics, Nuclear
Physics, Biological and Environmental Research, Basic Energy Sciences
(except for the Spallation Neutron Source), Advanced Scientific
Computing Research, Energy Research Analysis, Multiprogram Energy
Laboratories-Facilities Support, Facilities and Infrastructure,
Safeguards and Security, and Program Direction) operation and
maintenance $3,296,076,000 for fiscal year 2002, to remain available
until expended.
(b) Construction.--In addition to the amounts authorized to be
appropriated under section 522(a) for construction of the Spallation
Neutron Source, there are authorized to be appropriated to the
Secretary for Science--
(1) $11,400,000 for fiscal year 2002 for completion of
construction of Project 98-G-304, Neutrinos at the Main
Injector, Fermi National Accelerator Laboratory Project;
(2) $10,000,000 for fiscal year 2002 and $1,405,000 for
fiscal year 2003 for completion of construction of Project 01-
E-300, Laboratory for Comparative and Functional Genomics, Oak
Ridge National Laboratory;
(3) $4,000,000 for fiscal year 2002, $8,000,000 for fiscal
year 2003, and $2,000,000 for fiscal year 2004 for completion
of construction of Project 02-SC-002, Project Engineering
Design (PED), Various Locations;
(4) $3,183,000 for fiscal year 2002 for completion of
construction of Project 02-SC-002, Multiprogram Energy
Laboratories Infrastructure Project Engineering Design (PED),
Various Locations; and
(5) $18,133,000 for fiscal year 2002 and $13,029,000 for
fiscal year 2003 for completion of construction of Project MEL-
001, Multiprogram Energy Laboratories, Infrastructure, Various
Locations.
(c) Limits on Use of Funds.--None of the funds authorized to be
appropriated in subsection (b) may be used for construction at any
national security laboratory as defined in section 3281(1) of the
National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C.
2471(1)) or at any nuclear weapons production facility as defined in
section 3281(2) of the National Defense Authorization Act for Fiscal
Year 2000 (50 U.S.C. 2471(2)).
TITLE VI--MISCELLANEOUS
Subtitle A--General Provisions for the Department of Energy
SEC. 601. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
APPLICATION OF ENERGY TECHNOLOGY PROGRAMS, PROJECTS, AND
ACTIVITIES.
(a) Authorized Activities.--Except as otherwise provided in this
Act, research, development, demonstration, and commercial application
programs, projects, and activities for which appropriations are
authorized under this Act may be carried out under the procedures of
the Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5901 et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.), or any other Act under which the Secretary is authorized to
carry out such programs, projects, and activities, but only to the
extent the Secretary is authorized to carry out such activities under
each such Act.
(b) Authorized Agreements.--Except as otherwise provided in this
Act, in carrying out research, development, demonstration, and
commercial application programs, projects, and activities for which
appropriations are authorized under this Act, the Secretary may use, to
the extent authorized under applicable provisions of law, contracts,
cooperative agreements, cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), grants, joint ventures, and any other form of agreement
available to the Secretary.
(c) Definition.--For purposes of this section, 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), except that such term may apply under this section to research,
development, demonstration, and commercial application of energy
technology joint ventures.
(d) Protection of Information.--Section 12(c)(7) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)),
relating to the protection of information, shall apply to research,
development, demonstration, and commercial application of energy
technology programs, projects, and activities for which appropriations
are authorized under this Act.
(e) Guidelines and Procedures.--The Secretary shall provide
guidelines and procedures for the transition, where appropriate, of
energy technologies from research through development and demonstration
to commercial application of energy technology. Nothing in this section
shall preclude the Secretary from--
(1) entering into a contract, cooperative agreement,
cooperative research and development agreement under the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), grant, joint venture, or any other form of
agreement available to the Secretary under this section that
relates to research, development, demonstration, and commercial
application of energy technology; or
(2) extending a contract, cooperative agreement,
cooperative research and development agreement under the
Stevenson-Wydler Technology Innovation Act of 1980, grant,
joint venture, or any other form of agreement available to the
Secretary that relates to research, development, and
demonstration to cover commercial application of energy
technology.
(f) Application of Section.--This section shall not apply to any
contract, cooperative agreement, cooperative research and development
agreement under the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.), grant, joint venture, or any other form of
agreement available to the Secretary that is in effect as of the date
of enactment of this Act.
SEC. 602. LIMITS ON USE OF FUNDS.
(a) Federal Acquisition Regulation.--
(1) Requirement.--None of the funds authorized to be
appropriated to the Secretary by this Act may be used to award,
amend, or modify a contract of the Department in a manner that
deviates from the Federal Acquisition Regulation, unless 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.
(2) Congressional notice.--At least 60 days before a
contract award, amendment, or modification for which the
Secretary intends to grant such a waiver, the Secretary shall
submit to the appropriate congressional committees a report
notifying the committees of the waiver and setting forth the
reasons for the waiver.
(b) Management and Operating Contracts.--
(1) Competitive procedure requirement.--None of the funds
authorized to be appropriated to the Secretary by this Act may
be used to award a management and operating contract for a
federally owned or operated nonmilitary energy laboratory of
the Department unless such contract is awarded using
competitive procedures 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.
(2) Congressional notice.--At least 60 days before a
contract award, amendment, or modification for which the
Secretary intends to grant such a waiver, the Secretary shall
submit to the appropriate congressional committees a report
notifying the committees of the waiver and setting forth the
reasons for the waiver.
(c) Production or Provision of Articles or Services.--None of the
funds authorized to be appropriated to the Secretary by this Act may be
used to produce or provide articles or services for the purpose of
selling the articles or services to a person outside the Federal
Government, unless the Secretary determines that comparable articles or
services are not available from a commercial source in the United
States.
(d) Requests for Proposals.--None of the funds authorized to be
appropriated to the Secretary by this Act may be used by the Department
to prepare or initiate Requests for Proposals for a program, project,
or activity if the program, project, or activity has not been
specifically authorized by Congress.
(e) Trade Associations.--None of the funds authorized to be
appropriated to the Secretary by this Act may be used either directly
or indirectly to fund a grant, contract, subcontract, or any other form
of financial assistance awarded by the Department to a trade
association on a noncompetitive basis. As part of the Department's
annual budget request submission to the Congress, the Secretary shall
submit a report to the appropriate congressional committees that
identifies--
(1) the estimated amount of funds provided by the
Department to trade associations, by trade association, for the
fiscal year of such budget submission, as well as for the 2
previous fiscal years;
(2) the services either provided or to be provided by each
such trade association; and
(3) the sources of funds for services provided by each such
trade association.
SEC. 603. COST SHARING.
(a) Research and Development.--Except as otherwise provided in this
Act, the Secretary shall require, for research and development
programs, projects, and activities carried out by industry under this
Act, a commitment from non-Federal sources of at least 20 percent of
the cost of such programs, projects, and activities.
(b) Demonstration and Commercial Application.--Except as otherwise
provided in this Act, the Secretary shall require a commitment from
non-Federal sources of at least 50 percent of the cost of any
demonstration or commercial application program, project, or activity
conducted under this Act.
SEC. 604. LIMITATION ON DEMONSTRATION AND COMMERCIAL APPLICATION OF
ENERGY TECHNOLOGY.
Except as otherwise provided in this Act, the Secretary shall
provide funding for scientific or energy demonstration and commercial
application of energy technology programs, projects, or activities only
for technologies or processes that can be reasonably expected to yield
new, measurable benefits to the cost, efficiency, or performance of the
technology or process.
SEC. 605. REPROGRAMMING.
(a) Authority.--The Secretary may use amounts appropriated under
this Act for a program, project, or activity other than the program,
project, or activity for which such amounts were appropriated only if--
(1) the Secretary has transmitted to the appropriate
congressional committees a report described in subsection (b)
and a period of 30 days has elapsed after such committees
receive the report;
(2) amounts used for the program, project, or activity do
not exceed--
(A) 105 percent of the amount authorized for the
program, project, or activity; or
(B) $250,000 more than the amount authorized for
the program, project, or activity,
whichever is less; and
(3) the program, project, or activity has been presented
to, or requested of, the Congress by the Secretary.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
the proposed action.
(2) In the computation of the 30-day period under subsection (a),
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) Limitations.--(1) In no event may the total amount of funds
obligated by the Secretary pursuant to this Act exceed the total amount
authorized to be appropriated to the Secretary by this Act.
(2) Funds appropriated to the Secretary pursuant to this Act may
not be used for an item for which Congress has declined to authorize
funds.
Subtitle B--Other Miscellaneous Provisions
SEC. 611. NOTICE OF REORGANIZATION.
The Secretary shall provide notice to the appropriate congressional
committees not later than 15 days before any reorganization of any
environmental research or development, scientific or energy research,
development, or demonstration, or commercial application of energy
technology program, project, or activity of the Department.
SEC. 612. LIMITS ON GENERAL PLANT PROJECTS.
If, at any time during the construction of a civilian environmental
research and development, scientific or energy research, development,
or demonstration, or commercial application of energy technology
project of the Department for which no specific funding level is
provided by law, the estimated cost (including any revision thereof) of
the project exceeds $2,000,000, the Secretary may not continue such
construction unless the Secretary has furnished a complete report to
the appropriate congressional committees explaining the project and the
reasons for the estimate or revision.
SEC. 613. LIMITS ON CONSTRUCTION PROJECTS.
(a) Limitation.--Except as provided in subsection (b), construction
on a civilian environmental research and development, scientific or
energy research, development, or demonstration, or commercial
application of energy technology project of the Department for which
funding has been specifically provided by law may not be started, and
additional obligations may not be incurred in connection with the
project above the authorized funding amount, whenever the current
estimated cost of the construction project exceeds by more than 10
percent the higher of--
(1) the amount authorized for the project, if the entire
project has been funded by the Congress; or
(2) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(b) Notice.--An action described in subsection (a) may be taken
if--
(1) the Secretary has submitted to the appropriate
congressional committees a report on the proposed actions and
the circumstances making such actions necessary; and
(2) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(c) Exclusion.--In the computation of the 30-day period described
in subsection (b)(2), 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.
(d) Exception.--Subsections (a) and (b) shall not apply to any
construction project that has a current estimated cost of less than
$2,000,000.
SEC. 614. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph
(2) and except as provided in paragraph (3), before submitting to
Congress a request for funds for a construction project that is in
support of a civilian environmental research and development,
scientific or energy research, development, or demonstration, or
commercial application of energy technology program, project, or
activity of the Department, the Secretary shall complete a conceptual
design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $750,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds for a construction project, the total estimated cost of which
is less than $2,000,000.
(b) Authority for Construction Design.--(1) The Secretary may carry
out construction design (including architectural and engineering
services) in connection with any proposed construction project that is
in support of a civilian environmental research and development,
scientific or energy research, development, and demonstration, or
commercial application of energy technology program, project, or
activity of the Department if the total estimated cost for such design
does not exceed $250,000.
(2) If the total estimated cost for construction design in
connection with any construction project described in paragraph (1)
exceeds $250,000, funds for such design must be specifically authorized
by law.
SEC. 615. NATIONAL ENERGY POLICY DEVELOPMENT GROUP MANDATED REPORTS.
(a) The Secretary's Review of Energy Efficiency Renewable Energy,
and Alternative Energy Research and Development.--Upon completion of
the Secretary's review of current funding and historic performance of
the Department's energy efficiency, renewable energy, and alternative
energy research and development programs in response to the
recommendations of the May 16, 2001, Report of the National Energy
Policy Development Group, the Secretary shall transmit a report
containing the results of such review to the appropriate congressional
committees.
(b) Review and Recommendations on Using the Nation's Energy
Resources More Efficiently.--Upon completion of the Office of Science
and Technology Policy and the President's Council of Advisors on
Science and Technology reviewing and making recommendations on using
the Nation's energy resources more efficiently, in response to the
recommendation of the May 16, 2001, Report of the National Energy
Policy Development Group, the Director of the Office of Science and
Technology Policy shall transmit a report containing the results of
such review and recommendations to the appropriate congressional
committees.
SEC. 616. INDEPENDENT REVIEWS AND ASSESSMENTS.
(a) Periodic Reviews and Assessments.--The Secretary shall enter
into appropriate arrangements with the National Academies of Sciences
and Engineering to ensure that there be periodic reviews and
assessments of the programs, projects, and activities authorized by
this Act, as well as the goals for such programs, projects, and
activities as established under section 4. Such reviews and assessments
shall be conducted at least biennially, and the Secretary shall
transmit to the appropriate congressional committees reports containing
the results of such reviews and assessments.
(b) Independent Assessment of Accomplishments.--Not later than 180
days after the date of the enactment of this Act, the Administrator and
the Secretary shall jointly prepare and transmit to the appropriate
congressional committees a report on the Environmental Protection
Agency Office of Air and Radiation programs authorized under this Act,
all programs of the Office of Energy Efficiency and Renewable Energy,
and any programs of other appropriate offices of the Department that
may duplicate the programs of those 2 offices, that delineates the
similarities and differences between the programs. Such report shall
also provide for an independent, peer-reviewed assessment of the
performance goals of these programs, the progress being made in meeting
those goals, and the accomplishments of these programs.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science.
Referred to the Subcommittee on Energy.
Subcommittee on Energy Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Science. H. Rept. 107-177.
Reported (Amended) by the Committee on Science. H. Rept. 107-177.
Placed on the Union Calendar, Calendar No. 106.
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