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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-177

======================================================================



 
        COMPREHENSIVE ENERGY RESEARCH AND TECHNOLOGY ACT OF 2001

                                _______
                                

 July 31, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2460]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................43
 III. Background and Need for Legislation............................44
  IV. Summary of Hearings............................................46
   V. Committee Action...............................................49
  VI. Summary of Major Provisions of the Bill........................51
 VII. Section-by-Section Analysis....................................67
VIII. Committee Views...............................................104
  IX. Cost Estimate.................................................112
   X. Congressional Budget Office Cost Estimate.....................113
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)..........115
 XII. Committee Oversight Findings and Recommendations..............115
XIII. Constitutional Authority Statement............................115
 XIV. Federal Advisory Committee Statement..........................115
  XV. Congressional Accountability Act..............................116
 XVI. Statement on Preemption of State, Local, or Tribal Law........116
XVII. Changes in Existing Law Made by the Bill, as Reported.........116
XVIII.Committee Recommendations.....................................124

 XIX. Statement of General Performance Goals and Objectives.........124
  XX. Exchange of Committee Correspondence..........................125
 XXI. Additional Views..............................................126
XXII. Proceedings of Full Committee Markup..........................127

                              I. Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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. Balance of funding priorities.

           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 Power Hybrid Energy Systems

Sec. 121. Findings.
Sec. 122. Definitions.
Sec. 123. Strategy.
Sec. 124. High power density industry program.
Sec. 125. Micro-cogeneration energy technology.
Sec. 126. Program plan.
Sec. 127. Report.
Sec. 128. Voluntary consensus standards.

           Subtitle C--Secondary Electric Vehicle Battery Use

Sec. 131. Definitions.
Sec. 132. Establishment of secondary electric vehicle battery use 
program.
Sec. 133. Authorization of appropriations.

                     Subtitle D--Green School Buses

Sec. 141. Short title.
Sec. 142. Establishment of pilot program.
Sec. 143. Fuel cell bus development and demonstration program.
Sec. 144. Authorization of appropriations.

            Subtitle E--Next Generation Lighting Initiative

Sec. 151. Short title.
Sec. 152. Definition.
Sec. 153. Next Generation Lighting Initiative.
Sec. 154. Study.
Sec. 155. Grant program.

    Subtitle F--Department of Energy Authorization of Appropriations

Sec. 161. Authorization of appropriations.

Subtitle G--Environmental Protection Agency Office of Air and Radiation 
                    Authorization of Appropriations

Sec. 171. Short title.
Sec. 172. Authorization of appropriations.
Sec. 173. Limits on use of funds.
Sec. 174. Cost sharing.
Sec. 175. Limitation on demonstration and commercial applications of 
energy technology.
Sec. 176. Reprogramming.
Sec. 177. Budget request format.
Sec. 178. Other provisions.

          Subtitle H--National Building Performance Initiative

Sec. 181. National Building Performance Initiative.

                       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. Definitions.
Sec. 224. Authorization.
Sec. 225. Authorization of appropriations.

            Subtitle C--Transmission Infrastructure Systems

Sec. 241. Transmission infrastructure systems research, development, 
demonstration, and commercial application.
Sec. 242. Program plan.
Sec. 243. Report.

    Subtitle D--Department of Energy Authorization of Appropriations

Sec. 261. 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--Advanced Fuel Recycling Technology Research and Development 
                                Program

Sec. 321. 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. Project criteria.
Sec. 407. Clean coal centers of excellence.

                        Subtitle B--Oil and Gas

Sec. 421. Petroleum-oil technology.
Sec. 422. Gas.

        Subtitle C--Ultra-Deepwater and Unconventional Drilling

Sec. 441. Short title.
Sec. 442. Definitions.
Sec. 443. Ultra-deepwater program.
Sec. 444. National Energy Technology Laboratory.
Sec. 445. Advisory Committee.
Sec. 446. Research Organization.
Sec. 447. Grants.
Sec. 448. Plan and funding.
Sec. 449. Audit.
Sec. 450. Fund.
Sec. 451. Sunset.

                         Subtitle D--Fuel Cells

Sec. 461. Fuel cells.

    Subtitle E--Department of Energy Authorization of Appropriations

Sec. 481. 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. Periodic 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.--Subject to subsection (b), in order to achieve the 
purposes of this Act under section 3, the Secretary should conduct a 
balanced energy research, development, demonstration, and commercial 
application portfolio of programs guided by the following goals to meet 
the purposes of this Act under section 3.
          (1) Energy conservation and energy efficiency.--
                  (A) For the Building Technology, State and Community 
                Sector, the program should develop technologies, 
                housing components, designs, and production methods 
                that will, by 2010--
                          (i) reduce the monthly energy cost of new 
                        housing by 20 percent, compared to the cost as 
                        of the date of the enactment of this Act;
                          (ii) cut the environmental impact and energy 
                        use of new housing by 50 percent, compared to 
                        the impact and use as of the date of the 
                        enactment of this Act; and
                          (iii) improve durability and reduce 
                        maintenance costs by 50 percent compared to the 
                        durability and costs as of the date of the 
                        enactment of this Act.
                  (B) For the Industry Sector, the program should, in 
                cooperation with the affected industries, improve the 
                energy intensity of the major energy-consuming 
                industries by at least 25 percent by 2010, compared to 
                the energy intensity as of the date of the enactment of 
                this Act.
                  (C) For Power Technologies, the program should, in 
                cooperation with the affected industries--
                          (i) develop a microturbine (40 to 300 
                        kilowatt) that is more than 40 percent more 
                        efficient by 2006, and more than 50 percent 
                        more efficient by 2010, compared to the 
                        efficiency as of the date of the enactment of 
                        this Act; and
                          (ii) develop advanced materials for 
                        combustion systems that reduce emissions of 
                        nitrogen oxides by 30 to 50 percent while 
                        increasing efficiency 5 to 10 percent by 2007, 
                        compared to such emissions as of the date of 
                        the enactment of this Act.
                  (D) For the Transportation Sector, the program 
                should, in cooperation with affected industries--
                          (i) develop a production prototype passenger 
                        automobile that has fuel economy equivalent to 
                        80 miles per gallon of gasoline by 2004;
                          (ii) develop class 7 and 8 heavy duty trucks 
                        and buses with ultra low emissions and the 
                        ability to use an alternative fuel that has an 
                        average fuel economy equivalent to--
                                  (I) 10 miles per gallon of gasoline 
                                by 2007; and
                                  (II) 13 miles per gallon of gasoline 
                                by 2010;
                          (iii) develop a production prototype of a 
                        passenger automobile with zero equivalent 
                        emissions that has an average fuel economy of 
                        100 miles per gallon of gasoline by 2010; and
                          (iv) improve, by 2010, the average fuel 
                        economy of trucks--
                                  (I) in classes 1 and 2 by 300 
                                percent; and
                                  (II) in classes 3 through 6 by 200 
                                percent,
                        compared to the fuel economy as of the date of 
                        the enactment of this Act.
          (2) Renewable energy.--
                  (A) For Hydrogen Research, to carry out the Spark M. 
                Matsunaga Hydrogen Research, Development, and 
                Demonstration Act of 1990, as amended by subtitle A of 
                title II of this Act.
                  (B) For bioenergy:
                          (i) The program should reduce the cost of 
                        bioenergy relative to other energy sources to 
                        enable the United States to triple bioenergy 
                        use by 2010.
                          (ii) For biopower systems, the program should 
                        reduce the cost of such systems to enable 
                        commercialization of integrated power-
                        generating technologies that employ gas 
                        turbines and fuel cells integrated with 
                        bioenergy gasifiers within five years after the 
                        date of the enactment of this Act.
                          (iii) For biofuels, the program should 
                        accelerate research, development, and 
                        demonstration on advanced enzymatic hydrolysis 
                        technology for making ethanol from cellulosic 
                        feedstock, with the goal that between 2010 and 
                        2015 ethanol produced from energy crops would 
                        be fully competitive in terms of price with 
                        gasoline as a neat fuel, in either internal 
                        combustion engines or fuel cell vehicles.
                  (C) For Geothermal Technology Development, the 
                program should focus on advanced concepts for the long 
                term. The first priority should be high-grade enhanced 
                geothermal systems; the second priority should be lower 
                grade, hot dry rock, and geopressured systems; and the 
                third priority should be support of field 
                demonstrations of enhanced geothermal systems 
                technology, including sites in lower grade areas to 
                demonstrate the benefits of reservoir concepts to 
                different conditions.
                  (D) For Hydropower, the program should provide a new 
                generation of turbine technologies that will increase 
                generating capacity and will be less damaging to fish 
                and aquatic ecosystems.
                  (E) For Concentrating Solar Power, the program should 
                strengthen ongoing research, development, and 
                demonstration combining high-efficiency and high-
                temperature receivers with advanced thermal storage and 
                power cycles, with the goal of making solar-only power 
                (including baseload solar power) widely competitive 
                with fossil fuel power by 2015. The program should 
                limit or halt its research and development on power-
                tower and power-trough technologies because further 
                refinements to these concepts will not further their 
                deployment, and should assess the market prospects for 
                solar dish/engine technologies to determine whether 
                continued research and development is warranted.
                  (F) For Photovoltaic Energy Systems, the program 
                should pursue research, development, and demonstration 
                that will, by 2005, increase the efficiency of thin 
                film modules from the current 7 percent to 11 percent 
                in multi-million watt production; reduce the direct 
                manufacturing cost of photovoltaic modules by 30 
                percent from the current $2.50 per watt to $1.75 per 
                watt by 2005; and establish greater than a 20-year 
                lifetime of photovoltaic systems by improving the 
                reliability and lifetime of balance-of-system 
                components and reducing recurring cost by 40 percent. 
                The program's top priority should be the development of 
                sound manufacturing technologies for thin-film modules, 
                and the program should make a concerted effort to 
                integrate fundamental research and basic engineering 
                research.
                  (G) For Solar Building Technology Research, the 
                program should complete research and development on new 
                polymers and manufacturing processes to reduce the cost 
                of solar water heating by 50 percent by 2004, compared 
                to the cost as of the date of enactment of this Act.
                  (H) For Wind Energy Systems, the program should 
                reduce the cost of wind energy to three cents per 
                kilowatt-hour at Class 6 (15 miles-per-hour annual 
                average) wind sites by 2004, and 4 cents per kilowatt-
                hour in Class 4 (13 miles-per-hour annual average) wind 
                sites by 2015, and further if required so that wind 
                power can be widely competitive with fossil-fuel-based 
                electricity in a restructured electric industry. 
                Program research on advanced wind turbine technology 
                should focus on turbulent flow studies, durable 
                materials to extend turbine life, blade efficiency, and 
                higher efficiency operation in low quality wind 
                regimes.
                  (I) For Electric Energy Systems and Storage, 
                including High Temperature Superconducting Research and 
                Development, Energy Storage Systems, and Transmission 
                Reliability, the program should develop high capacity 
                superconducting transmission lines and generators, 
                highly reliable energy storage systems, and distributed 
                generating systems to accommodate multiple types of 
                energy sources under common interconnect standards.
                  (J) For the International Renewable Energy and 
                Renewable Energy Production Incentive programs, and 
                Renewable Program Support, the program should encourage 
                the commercial application of renewable energy 
                technologies by developed and developing countries, 
                State and local governmental entities and nonprofit 
                electric cooperatives, and by the competitive domestic 
                market.
          (3) Nuclear energy.--
                  (A) For university nuclear science and engineering, 
                the program should carry out the provisions of subtitle 
                A of title III of this Act.
                  (B) For fuel cycle research, development, and 
                demonstration, the program should carry out the 
                provisions of subtitle B of title III of this Act.
                  (C) For the Nuclear Energy Research Initiative, the 
                program should accomplish the objectives of section 
                341(b) of this Act.
                  (D) For the Nuclear Energy Plant Optimization 
                Program, the program should accomplish the objectives 
                of section 342(b) of this Act.
                  (E) For Nuclear Energy Technologies, the program 
                should carry out the provisions of section 343 of this 
                Act.
                  (F) For Advanced Radioisotope Power Systems, the 
                program should ensure that the United States has 
                adequate capability to power future satellite and space 
                missions.
          (4) Fossil energy.--
                  (A) For core fossil energy research and development, 
                the program should achieve the goals outlined by the 
                Department's Vision 21 Program. This research should 
                address fuel-flexible gasification and turbines, fuel 
                cells, advanced-combustion systems, advanced fuels and 
                chemicals, advanced modeling and systems analysis, 
                materials and heat exchangers, environmental control 
                technologies, gas-stream purification, gas-separation 
                technology, and sequestration research and development 
                focused on cost-effective novel concepts for capturing, 
                reusing or storing, or otherwise mitigating carbon and 
                other greenhouse gas emissions.
                  (B) For offshore oil and natural gas resources, the 
                program should investigate and develop technologies 
                to--
                          (i) extract methane hydrates in coastal 
                        waters of the United States, in accordance with 
                        the provisions of the Methane Hydrate Research 
                        and Development Act of 2000; and
                          (ii) develop natural gas and oil reserves in 
                        the ultra-deepwater of the Central and Western 
                        Gulf of Mexico. Research and development on 
                        ultra-deepwater resource recovery shall focus 
                        on improving the safety and efficiency of such 
                        recovery and of sub-sea production technology 
                        used for such recovery, while lowering costs.
                  (C) For transportation fuels, the program should 
                support a comprehensive transportation fuels strategy 
                to increase the price elasticity of oil supply and 
                demand by focusing research on reducing the cost of 
                producing transportation fuels from natural gas and 
                indirect liquefaction of coal.
          (5) Science.--The Secretary, through the Office of Science, 
        should--
                  (A) develop and maintain a robust portfolio of 
                fundamental scientific and energy research, including 
                High Energy and Nuclear Physics, Biological and 
                Environmental Research, Basic Energy Sciences 
                (including Materials Sciences, Chemical Sciences, 
                Engineering and Geosciences, and Energy Biosciences), 
                Advanced Scientific Computing, Energy Research and 
                Analysis, Multiprogram Energy Laboratories-Facilities 
                Support, Fusion Energy Sciences, and Facilities and 
                Infrastructure;
                  (B) maintain, upgrade, and expand, as appropriate, 
                and in accordance with the provisions of this Act, the 
                scientific user facilities maintained by the Office of 
                Science, and ensure that they are an integral part of 
                the Department's mission for exploring the frontiers of 
                fundamental energy sciences; and
                  (C) ensure that its fundamental energy sciences 
                programs, where appropriate, help inform the applied 
                research and development programs of the Department.
  (b) Review and Assessment.--The Secretary shall perform an assessment 
that establishes measurable cost and performance-based goals, or that 
modifies the goals under subsection (a), as appropriate, for 2005, 
2010, 2015, and 2020 for each of the programs authorized by this Act 
that would enable each such program to meet 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.
  (c) Consultation.--In establishing the measurable cost and 
performance-based goals under subsection (b), 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.
  (d) Schedule.--The Secretary shall--
          (1) issue and publish in the Federal Register a set of draft 
        measurable cost and performance-based goals for the programs 
        authorized by this Act for public comment--
                  (A) in the case of a program established before the 
                date of the enactment of this Act, not later than 120 
                days after the date of the enactment of this Act; and
                  (B) in the case of a program not established before 
                the date of the enactment of this Act, not later than 
                120 days after the date of establishment of the 
                program;
          (2) not later than 60 days after the date of publication 
        under paragraph (1), after taking into consideration any public 
        comments received, transmit to the Congress and publish in the 
        Federal Register the final measurable 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. BALANCE OF FUNDING PRIORITIES.

  (a) Sense of Congress.--It is the sense of the 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 those programs.
  (b) Report to Congress.--If for fiscal year 2002, 2003, or 2004 the 
amounts appropriated in general appropriations Acts for the programs 
authorized in titles I through IV of this Act are not in the same 
proportion to one another as are the authorizations for such programs 
in this Act, the Secretary and the Administrator shall, within 60 days 
after the date of the enactment of the last general appropriations Act 
appropriating amounts for such programs, transmit to the appropriate 
congressional committees a report describing the programs, projects, 
and activities that would have been funded if the proportions provided 
for in this Act had been maintained in the appropriations. The amount 
appropriated for the program receiving the highest percentage of its 
authorized funding for a fiscal year shall be used as the baseline for 
calculating the proportional deficiencies of appropriations for other 
programs in that fiscal year.

           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;
                          (vi) by methanol or ethanol at no less than 
                        85 percent by volume; or
                          (vii) by propane.
                  (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.
          (3) Ultra-low sulfur diesel vehicle.--The term ``ultra-low 
        sulfur diesel vehicle'' means a vehicle powered by a heavy-duty 
        diesel engine that--
                  (A) is fueled by diesel fuel which contains sulfur at 
                not more than 15 parts per million; and
                  (B) emits not more than the lesser of--
                          (i) for vehicles manufactured in--
                                  (I) model years 2001 through 2003, 
                                3.0 grams per brake horsepower-hour of 
                                nonmethane hydrocarbons and oxides of 
                                nitrogen and .01 grams per brake 
                                horsepower-hour of particulate matter; 
                                and
                                  (II) model years 2004 through 2006, 
                                2.5 grams per brake horsepower-hour of 
                                nonmethane hydrocarbons and oxides of 
                                nitrogen and .01 grams per brake 
                                horsepower-hour of particulate matter; 
                                or
                          (ii) the emissions of nonmethane 
                        hydrocarbons, oxides of nitrogen, and 
                        particulate matter of the best performing 
                        technology of ultra-low sulfur diesel vehicles 
                        of the same type that are commercially 
                        available.

SEC. 103. PILOT PROGRAM.

  (a) Establishment.--The Secretary shall establish a 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) The acquisition of ultra-low sulfur diesel vehicles.
          (3) Infrastructure necessary to directly support an 
        alternative fuel vehicle project funded by the grant, including 
        fueling and other support equipment.
          (4) 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 or ultra-low sulfur diesel 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;
                  (G) a description of which costs of the projects 
                proposed in the application will be supported by 
                Federal assistance under this subtitle; and
                  (H) documentation to the satisfaction of the 
                Secretary that diesel fuel containing sulfur at not 
                more than 15 parts per million is available for 
                carrying out the projects, and a commitment by the 
                applicant to use such fuel in carrying out the 
                projects.
          (2) Partners.--An applicant under paragraph (1) may carry out 
        projects under the pilot program in partnership with public and 
        private entities.
  (d) Selection Criteria.--In evaluating applications under the pilot 
program, the Secretary shall consider each applicant's previous 
experience with similar projects and shall give priority consideration 
to applications that--
          (1) are most likely to maximize protection of the 
        environment;
          (2) demonstrate the greatest commitment on the part of the 
        applicant to ensure funding for the proposed projects and the 
        greatest likelihood that each project proposed in the 
        application will be maintained or expanded after Federal 
        assistance under this 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 3 months 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 6 
        months of the publication of the notice.
          (2) Selection.--Not later than 6 months after the date by 
        which applications for grants are due, the Secretary shall 
        select by competitive, peer review all applications for 
        projects to be awarded a grant under the pilot program.
  (g) Limit on Funding.--The Secretary shall provide not less than 20 
percent and not more than 25 percent of the grant funding made 
available under this section for the acquisition of ultra-low sulfur 
diesel vehicles.

SEC. 104. REPORTS TO CONGRESS.

  (a) Initial Report.--Not later than 2 months after the date grants 
are awarded under this subtitle, the Secretary shall transmit to the 
appropriate congressional committees 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 appropriate congressional committees 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 and ultra-low 
sulfur diesel 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 Power Hybrid Energy Systems

SEC. 121. FINDINGS.

  The Congress makes the following findings:
          (1) Our ability to take advantage of our renewable, 
        indigenous resources in a cost-effective manner can be greatly 
        advanced through systems that compensate for the intermittent 
        nature of these resources through distributed power hybrid 
        systems.
          (2) Distributed power hybrid systems can--
                  (A) shelter consumers from temporary energy price 
                volatility created by supply and demand mismatches;
                  (B) increase the reliability of energy supply; and
                  (C) address significant local differences in power 
                and economic development needs and resource 
                availability that exist throughout the United States.
          (3) Realizing these benefits will require a concerted and 
        integrated effort to remove market barriers to adopting 
        distributed power hybrid systems by--
                  (A) developing the technological foundation that 
                enables designing, testing, certifying, and operating 
                distributed power hybrid systems; and
                  (B) providing the policy framework that reduces such 
                barriers.
          (4) While many of the individual distributed power hybrid 
        systems components are either available or under development in 
        existing private and public sector programs, the capabilities 
        to integrate these components into workable distributed power 
        hybrid systems that maximize benefits to consumers in a safe 
        manner often are not coherently being addressed.

SEC. 122. DEFINITIONS.

  For purposes of this subtitle--
          (1) the term ``distributed power hybrid system'' means a 
        system using 2 or more distributed power sources, operated 
        together with associated supporting equipment, including 
        storage equipment, and software necessary to provide electric 
        power onsite and to an electric distribution system; and
          (2) the term ``distributed power source'' means an 
        independent electric energy source of usually 10 megawatts or 
        less located close to a residential, commercial, or industrial 
        load center, including--
                  (A) reciprocating engines;
                  (B) turbines;
                  (C) microturbines;
                  (D) fuel cells;
                  (E) solar electric systems;
                  (F) wind energy systems;
                  (G) biopower systems;
                  (H) geothermal power systems; or
                  (I) combined heat and power systems.

SEC. 123. STRATEGY.

  (a) Requirement.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall develop and transmit to the 
Congress a distributed power hybrid systems strategy showing--
          (1) needs best met with distributed power hybrid systems 
        configurations, especially systems including one or more solar 
        or renewable power sources; and
          (2) technology gaps and barriers (including barriers to 
        efficient connection with the power grid) that hamper the use 
        of distributed power hybrid systems.
  (b) Elements.--The strategy shall provide for development of--
          (1) system integration tools (including databases, computer 
        models, software, sensors, and controls) needed to plan, 
        design, build, and operate distributed power hybrid systems for 
        maximum benefits;
          (2) tests of distributed power hybrid systems, power parks, 
        and microgrids, including field tests and cost-shared 
        demonstrations with industry;
          (3) design tools to characterize the benefits of distributed 
        power hybrid systems for consumers, to reduce testing needs, to 
        speed commercialization, and to generate data characterizing 
        grid operations, including interconnection requirements;
          (4) precise resource assessment tools to map local resources 
        for distributed power hybrid systems; and
          (5) a comprehensive research, development, demonstration, and 
        commercial application program to ensure the reliability, 
        efficiency, and environmental integrity of distributed energy 
        resources, focused on filling gaps in distributed power hybrid 
        systems technologies identified under subsection (a)(2), which 
        may include--
                  (A) integration of a wide variety of advanced 
                technologies into distributed power hybrid systems;
                  (B) energy storage devices;
                  (C) environmental control technologies;
                  (D) interconnection standards, protocols, and 
                equipment; and
                  (E) ancillary equipment for dispatch and control.
  (c) Implementation and Integration.--The Secretary shall implement 
the strategy transmitted under subsection (a) and the research program 
under subsection (b)(5). Activities pursuant to the strategy shall be 
integrated with other activities of the Department's Office of Power 
Technologies.

SEC. 124. HIGH POWER DENSITY INDUSTRY PROGRAM.

  (a) In General.--The Secretary shall 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.
  (b) Areas.--In carrying out this section, the Secretary shall 
consider technologies that provide--
          (1) significant improvement in efficiency of high power 
        density facilities, and in data and telecommunications centers, 
        using advanced thermal control technologies;
          (2) significant improvements in air-conditioning efficiency 
        in facilities such as data centers and telecommunications 
        facilities;
          (3) significant advances in peak load reduction; and
          (4) advanced real time metering and load management and 
        control devices.
  (c) Implementation and Integration.--Activities pursuant to this 
program shall be integrated with other activities of the Department's 
Office of Power Technologies.

SEC. 125. MICRO-COGENERATION ENERGY TECHNOLOGY.

  The Secretary shall make competitive, merit-based grants to consortia 
of private sector entities for the development of micro-cogeneration 
energy technology. The consortia shall explore the creation of small-
scale combined heat and power through the use of residential heating 
appliances. There are authorized to be appropriated to the Secretary 
$20,000,000 to carry out this section, to remain available until 
expended.

SEC. 126. PROGRAM PLAN.

  Within 4 months after the date of enactment of this Act, the 
Secretary, in consultation with other appropriate Federal agencies, 
shall prepare and transmit to the 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, power transmission, and high power 
density industries to prioritize appropriate program areas. The 
Secretary shall 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 the 
Secretary considers appropriate.

SEC. 127. REPORT.

  Two years after date of 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.

SEC. 128. VOLUNTARY CONSENSUS STANDARDS.

  Not later than 2 years after the date of enactment of this Act, the 
Secretary, in consultation with the National Institute of Standards and 
Technology, shall work with the Institute of Electrical and Electronic 
Engineers and other standards development organizations toward the 
development of voluntary consensus standards for distributed energy 
systems for use in manufacturing and using equipment and systems for 
connection with electric distribution systems, for obtaining 
electricity from, or providing electricity to, such systems.

           Subtitle C--Secondary Electric Vehicle Battery Use

SEC. 131. DEFINITIONS.

  For purposes of this subtitle, the term--
          (1) ``battery'' means an energy storage device that 
        previously has been used to provide motive power in a vehicle 
        powered in whole or in part by electricity; and
          (2) ``associated equipment'' means equipment located at the 
        location where the batteries will be used that is necessary to 
        enable the use of the energy stored in the batteries.

SEC. 132. ESTABLISHMENT OF SECONDARY ELECTRIC VEHICLE BATTERY USE 
                    PROGRAM.

  (a) Program.--The Secretary shall establish and conduct a research, 
development, and demonstration program for the secondary use of 
batteries where the original use of such batteries was in 
transportation applications. Such program shall be--
          (1) designed to demonstrate the use of batteries in secondary 
        application, including utility and commercial power storage and 
        power quality;
          (2) structured to evaluate the performance, including 
        longevity of useful service life and costs, of such batteries 
        in field operations, and evaluate the necessary supporting 
        infrastructure, including disposal and reuse of batteries; and
          (3) coordinated with ongoing secondary battery use programs 
        underway at the national laboratories and in industry.
  (b) Solicitation.--(1) Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall solicit proposals to 
demonstrate the secondary use of batteries and associated equipment and 
supporting infrastructure in geographic locations throughout the United 
States. The Secretary may make additional solicitations for proposals 
if the Secretary determines that such solicitations are necessary to 
carry out this section.
  (2)(A) Proposals submitted in response to a solicitation under this 
section shall include--
          (i) a description of the project, including the batteries to 
        be used in the project, the proposed locations and applications 
        for the batteries, the number of batteries to be demonstrated, 
        and the type, characteristics, and estimated life-cycle costs 
        of the batteries compared to other energy storage devices 
        currently used;
          (ii) the contribution, if any, of State or local governments 
        and other persons to the demonstration project;
          (iii) the type of associated equipment to be demonstrated and 
        the type of supporting infrastructure to be demonstrated; and
          (iv) any other information the Secretary considers 
        appropriate.
  (B) If the proposal includes a lease arrangement, the proposal shall 
indicate the terms of such lease arrangement for the batteries and 
associated equipment.
  (c) Selection of Proposals.--(1)(A) The Secretary shall, not later 
than 3 months after the closing date established by the Secretary for 
receipt of proposals under subsection (b), select at least 5 proposals 
to receive financial assistance under this section.
  (B) No one project selected under this section shall receive more 
than 25 percent of the funds authorized under this section. No more 
than 3 projects selected under this section shall demonstrate the same 
battery type.
  (2) In selecting a proposal under this section, the Secretary shall 
consider--
          (A) the ability of the proposer to acquire the batteries and 
        associated equipment and to successfully manage and conduct the 
        demonstration project, including the reporting requirements set 
        forth in paragraph (3)(B);
          (B) the geographic and climatic diversity of the projects 
        selected;
          (C) the long-term technical and competitive viability of the 
        batteries to be used in the project and of the original 
        manufacturer of such batteries;
          (D) the suitability of the batteries for their intended uses;
          (E) the technical performance of the battery, including the 
        expected additional useful life and the battery's ability to 
        retain energy;
          (F) the environmental effects of the use of and disposal of 
        the batteries proposed to be used in the project selected;
          (G) the extent of involvement of State or local government 
        and other persons in the demonstration project and whether such 
        involvement will--
                  (i) permit a reduction of the Federal cost share per 
                project; or
                  (ii) otherwise be used to allow the Federal 
                contribution to be provided to demonstrate a greater 
                number of batteries; and
          (H) such other criteria as the Secretary considers 
        appropriate.
  (3) Conditions.--The Secretary shall require that--
          (A) as a part of a demonstration project, the users of the 
        batteries provide to the proposer information regarding the 
        operation, maintenance, performance, and use of the batteries, 
        and the proposer provide such information to the battery 
        manufacturer, for 3 years after the beginning of the 
        demonstration project;
          (B) the proposer provide to the Secretary such information 
        regarding the operation, maintenance, performance, and use of 
        the batteries as the Secretary may request during the period of 
        the demonstration project; and
          (C) the proposer provide at least 50 percent of the costs 
        associated with the proposal.

SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary, from 
amounts authorized under section 161(a), for purposes of this 
subtitle--
          (1) $1,000,000 for fiscal year 2002;
          (2) $7,000,000 for fiscal year 2003; and
          (3) $7,000,000 for fiscal year 2004.
Such appropriations may remain available until expended.

                     Subtitle D--Green School Buses

SEC. 141. SHORT TITLE.

  This subtitle may be cited as the ``Clean Green School Bus Act of 
2001''.

SEC. 142. ESTABLISHMENT OF PILOT PROGRAM.

  (a) Establishment.--The Secretary shall establish a pilot program for 
awarding grants on a competitive basis to eligible entities for the 
demonstration and commercial application of alternative fuel school 
buses and ultra-low sulfur diesel school buses.
  (b) Requirements.--Not later than 3 months after the date of the 
enactment of this Act, the Secretary shall establish and publish in the 
Federal register grant requirements on eligibility for assistance, and 
on implementation of the program established under subsection (a), 
including certification requirements to ensure compliance with this 
subtitle.
  (c) Solicitation.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall solicit proposals for grants 
under this section.
  (d) Eligible Recipients.--A grant shall be awarded under this section 
only--
          (1) to a local governmental entity responsible for providing 
        school bus service for one or more public school systems; or
          (2) jointly to an entity described in paragraph (1) and a 
        contracting entity that provides school bus service to the 
        public school system or systems.
  (e) Types of Grants.--
          (1) In general.--Grants under this section shall be for the 
        demonstration and commercial application of technologies to 
        facilitate the use of alternative fuel school buses and ultra-
        low sulfur diesel school buses in lieu of buses manufactured 
        before model year 1977 and diesel-powered buses manufactured 
        before model year 1991.
          (2) No economic benefit.--Other than the receipt of the 
        grant, a recipient of a grant under this section may not 
        receive any economic benefit in connection with the receipt of 
        the grant.
          (3) Priority of grant applications.--The Secretary shall give 
        priority to awarding grants to applicants who can demonstrate 
        the use of alternative fuel buses and ultra-low sulfur diesel 
        school buses in lieu of buses manufactured before model year 
        1977.
  (f) Conditions of Grant.--A grant provided under this section shall 
include the following conditions:
          (1) All buses acquired with funds provided under the grant 
        shall be operated as part of the school bus fleet for which the 
        grant was made for a minimum of 5 years.
          (2) Funds provided under the grant may only be used--
                  (A) to pay the cost, except as provided in paragraph 
                (3), of new alternative fuel school buses or ultra-low 
                sulfur diesel school buses, including State taxes and 
                contract fees; and
                  (B) to provide--
                          (i) up to 10 percent of the price of the 
                        alternative fuel buses acquired, for necessary 
                        alternative fuel infrastructure if the 
                        infrastructure will only be available to the 
                        grant recipient; and
                          (ii) up to 15 percent of the price of the 
                        alternative fuel buses acquired, for necessary 
                        alternative fuel infrastructure if the 
                        infrastructure will be available to the grant 
                        recipient and to other bus fleets.
          (3) The grant recipient shall be required to provide at least 
        the lesser of 15 percent of the total cost of each bus received 
        or $15,000 per bus.
          (4) In the case of a grant recipient receiving a grant to 
        demonstrate ultra-low sulfur diesel school buses, the grant 
        recipient shall be required to provide documentation to the 
        satisfaction of the Secretary that diesel fuel containing 
        sulfur at not more than 15 parts per million is available for 
        carrying out the purposes of the grant, and a commitment by the 
        applicant to use such fuel in carrying out the purposes of the 
        grant.
  (g) Buses.--Funding under a grant made under this section may be used 
to demonstrate the use only of new alternative fuel school buses or 
ultra-low sulfur diesel school buses--
          (1) with a gross vehicle weight of greater than 14,000 
        pounds;
          (2) that are powered by a heavy duty engine;
          (3) that, in the case of alternative fuel school buses, emit 
        not more than--
                  (A) for buses manufactured in model years 2001 and 
                2002, 2.5 grams per brake horsepower-hour of nonmethane 
                hydrocarbons and oxides of nitrogen and .01 grams per 
                brake horsepower-hour of particulate matter; and
                  (B) for buses manufactured in model years 2003 
                through 2006, 1.8 grams per brake horsepower-hour of 
                nonmethane hydrocarbons and oxides of nitrogen and .01 
                grams per brake horsepower-hour of particulate matter; 
                and
          (4) that, in the case of ultra-low sulfur diesel school 
        buses, emit not more than--
                  (A) for buses manufactured in model years 2001 
                through 2003, 3.0 grams per brake horsepower-hour of 
                nonmethane hydrocarbons and oxides of nitrogen and .01 
                grams per brake horsepower-hour of particulate matter; 
                and
                  (B) for buses manufactured in model years 2004 
                through 2006, 2.5 grams per brake horsepower-hour of 
                nonmethane hydrocarbons and oxides of nitrogen and .01 
                grams per brake horsepower-hour of particulate matter,
        except that under no circumstances shall buses be acquired 
        under this section that emit nonmethane hydrocarbons, oxides of 
        nitrogen, or particulate matter at a rate greater than the best 
        performing technology of ultra-low sulfur diesel school buses 
        commercially available at the time the grant is made.
  (h) Deployment and Distribution.--The Secretary shall seek to the 
maximum extent practicable to achieve nationwide deployment of 
alternative fuel school buses through the program under this section, 
and shall ensure a broad geographic distribution of grant awards, with 
a goal of no State receiving more than 10 percent of the grant funding 
made available under this section for a fiscal year.
  (i) Limit on Funding.--The Secretary shall provide not less than 20 
percent and not more than 25 percent of the grant funding made 
available under this section for any fiscal year for the acquisition of 
ultra-low sulfur diesel school buses.
  (j) Definitions.--For purposes of this section--
          (1) the term ``alternative fuel school bus'' means a bus 
        powered substantially by electricity (including electricity 
        supplied by a fuel cell), or by liquefied natural gas, 
        compressed natural gas, liquefied petroleum gas, hydrogen, 
        propane, or methanol or ethanol at no less than 85 percent by 
        volume; and
          (2) the term ``ultra-low sulfur diesel school bus'' means a 
        school bus powered by diesel fuel which contains sulfur at not 
        more than 15 parts per million.

SEC. 143. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM.

  (a) Establishment of Program.--The Secretary shall establish a 
program for entering into cooperative agreements with private sector 
fuel cell bus developers for the development of fuel cell-powered 
school buses, and subsequently with not less than 2 units of local 
government using natural gas-powered school buses and such private 
sector fuel cell bus developers to demonstrate the use of fuel cell-
powered school buses.
  (b) Cost Sharing.--The non-Federal contribution for activities funded 
under this section shall be not less than--
          (1) 20 percent for fuel infrastructure development 
        activities; and
          (2) 50 percent for demonstration activities and for 
        development activities not described in paragraph (1).
  (c) Funding.--No more than $25,000,000 of the amounts authorized 
under section 144 may be used for carrying out this section for the 
period encompassing fiscal years 2002 through 2006.
  (d) Reports to Congress.--Not later than 3 years after the date of 
the enactment of this Act, and not later than October 1, 2006, the 
Secretary shall transmit to the appropriate congressional committees a 
report that--
          (1) evaluates the process of converting natural gas 
        infrastructure to accommodate fuel cell-powered school buses; 
        and
          (2) assesses the results of the development and demonstration 
        program under this section.

SEC. 144. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary for carrying 
out this subtitle, to remain available until expended--
          (1) $40,000,000 for fiscal year 2002;
          (2) $50,000,000 for fiscal year 2003;
          (3) $60,000,000 for fiscal year 2004;
          (4) $70,000,000 for fiscal year 2005; and
          (5) $80,000,000 for fiscal year 2006.

            Subtitle E--Next Generation Lighting Initiative

SEC. 151. SHORT TITLE.

  This subtitle may be cited as ``Next Generation Lighting Initiative 
Act''.

SEC. 152. DEFINITION.

  In this subtitle, the term ``Lighting Initiative'' means the ``Next 
Generation Lighting Initiative'' established under section 153(a).

SEC. 153. NEXT GENERATION LIGHTING INITIATIVE.

  (a) Establishment.--The Secretary is authorized to establish a 
lighting initiative to be known as the ``Next Generation Lighting 
Initiative'' to research, develop, and conduct demonstration activities 
on advanced lighting technologies, including white light emitting 
diodes.
  (b) Research Objectives.--The research objectives of the Lighting 
Initiative shall be to develop, by 2011, advanced lighting technologies 
that, compared to incandescent and fluorescent lighting technologies as 
of the date of the enactment of this Act, are--
          (1) longer lasting;
          (2) more energy-efficient; and
          (3) cost-competitive.

SEC. 154. STUDY.

  (a) In General.--Not later than 6 months after the date of enactment 
of this Act, the Secretary, in consultation with other Federal 
agencies, as appropriate, shall complete a study on strategies for the 
development and commercial application of advanced lighting 
technologies. The Secretary shall request a review by the National 
Academies of Sciences and Engineering of the study under this 
subsection, and shall transmit the results of the study to the 
appropriate congressional committees.
  (b) Requirements.--The study shall--
          (1) develop a comprehensive strategy to implement the 
        Lighting Initiative; and
          (2) identify the research and development, manufacturing, 
        deployment, and marketing barriers that must be overcome to 
        achieve a goal of a 25 percent market penetration by advanced 
        lighting technologies into the incandescent and fluorescent 
        lighting market by the year 2012.
  (c) Implementation.--As soon as practicable after the review of the 
study under subsection (a) is transmitted to the Secretary by the 
National Academies of Sciences and Engineering, the Secretary shall 
adapt the implementation of the Lighting Initiative taking into 
consideration the recommendations of the National Academies of Sciences 
and Engineering.

SEC. 155. GRANT PROGRAM.

  (a) In General.--Subject to section 603 of this Act, the Secretary 
may make merit-based competitive grants to firms and research 
organizations that conduct research, development, and demonstration 
projects related to advanced lighting technologies.
  (b) Annual Review.--
          (1) In general.--An annual independent review of the grant-
        related activities of firms and research organizations 
        receiving a grant under this section shall be conducted by a 
        committee appointed by the Secretary under the Federal Advisory 
        Committee Act (5 U.S.C. App.), or, at the request of the 
        Secretary, a committee appointed by the National Academies of 
        Sciences and Engineering.
          (2) Requirements.--Using clearly defined standards 
        established by the Secretary, the review shall assess 
        technology advances and progress toward commercialization of 
        the grant-related activities of firms or research organizations 
        during each fiscal year of the grant program.
  (c) Technical and Financial Assistance.--The national laboratories 
and other Federal agencies, as appropriate, shall cooperate with and 
provide technical and financial assistance to firms and research 
organizations conducting research, development, and demonstration 
projects carried out under this subtitle.

    Subtitle F--Department of Energy Authorization of Appropriations

SEC. 161. AUTHORIZATION OF APPROPRIATIONS.

  (a) Operation and Maintenance.--In addition to amounts authorized to 
be appropriated under section 105, section 125, and section 144, there 
are authorized to be appropriated to the Secretary for subtitle B, 
subtitle C, subtitle E, and for Energy Conservation operation and 
maintenance (including Building Technology, State and Community Sector 
(Nongrants), Industry Sector, Transportation Sector, Power 
Technologies, and Policy and Management) $625,000,000 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 G--Environmental Protection Agency Office of Air and Radiation 
                    Authorization of Appropriations

SEC. 171. SHORT TITLE.

  This subtitle may be cited as the ``Environmental Protection Agency 
Office of Air and Radiation Authorization Act of 2001''.

SEC. 172. 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 $2,700,000 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. 173. LIMITS ON USE OF FUNDS.

  (a) 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.
  (b) 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 if the program has not been authorized by Congress.

SEC. 174. COST SHARING.

  (a) Research and Development.--Except as otherwise provided in this 
subtitle, for research and development programs carried out under this 
subtitle, the Administrator shall require a commitment from non-Federal 
sources of at least 20 percent of the cost of the project. The 
Administrator may reduce or eliminate the non-Federal requirement under 
this subsection if the Administrator determines that the research and 
development is of a basic or fundamental nature.
  (b) Demonstration and Commercial Application.--Except as otherwise 
provided in this subtitle, the Administrator shall require at least 50 
percent of the costs directly and specifically related to any 
demonstration or commercial application project under this subtitle to 
be provided from non-Federal sources. The Administrator may reduce the 
non-Federal requirement under this subsection if the Administrator 
determines that the reduction is necessary and appropriate considering 
the technological risks involved in the project and is necessary to 
meet the objectives of this subtitle.
  (c) Calculation of Amount.--In calculating the amount of the non-
Federal commitment under subsection (a) or (b), the Administrator may 
include personnel, services, equipment, and other resources.

SEC. 175. 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. 176. 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. 177. 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. 178. 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.

          Subtitle H--National Building Performance Initiative

SEC. 181. NATIONAL BUILDING PERFORMANCE INITIATIVE.

  (a) Interagency Group.--Not later than 3 months after the date of the 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall establish an Interagency Group responsible for 
the development and implementation of a National Building Performance 
Initiative to address energy conservation and research and development 
and related issues. The National Institute of Standards and Technology 
shall provide necessary administrative support for the Interagency 
Group.
  (b) Plan.--Not later than 9 months after the date of the enactment of 
this Act, the Interagency Group shall transmit to the Congress a 
multiyear implementation plan describing the Federal role in reducing 
the costs, including energy costs, of using, owning, and operating 
commercial, institutional, residential, and industrial buildings by 30 
percent by 2020. The plan shall include--
          (1) research, development, and demonstration of systems and 
        materials for new construction and retrofit, on the building 
        envelope and components; and
          (2) the collection and dissemination in a usable form of 
        research results and other pertinent information to the design 
        and construction industry, government officials, and the 
        general public.
  (c) National Building Performance Advisory Committee.--A National 
Building Performance Advisory Committee shall be established to advise 
on creation of the plan, review progress made under the plan, advise on 
any improvements that should be made to the plan, and report to the 
Congress on actions that have been taken to advance the Nation's 
capability in furtherance of the plan. The members shall include 
representatives of a broad cross-section of interests such as the 
research, technology transfer, architectural, engineering, and 
financial communities; materials and systems suppliers; State, county, 
and local governments; the residential, multifamily, and commercial 
sectors of the construction industry; and the insurance industry.
  (d) Report.--The Interagency Group shall, within 90 days after the 
end of each fiscal year, transmit a report to the Congress describing 
progress achieved during the preceding fiscal year by government at all 
levels and by the private sector, toward implementing the plan 
developed under subsection (b), and including any amendments to the 
plan.

                       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.--For research and development programs carried 
out under this section, the Secretary shall require a commitment from 
non-Federal sources of at least 20 percent of the cost of the project. 
The Secretary may reduce or eliminate the non-Federal requirement under 
this subsection if the Secretary determines that the research and 
development is of a basic or fundamental nature.''.

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 inserting ``, which shall include a fuel cell bus 
        demonstration program to address hydrogen production, storage, 
        and use in transit bus applications''; 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 forestry residues and 
        byproducts; and
          (5) protect the environment.

SEC. 223. DEFINITIONS.

  For purposes of this subtitle--
          (1) the term ``bioenergy'' means energy derived from any 
        organic matter that is available on a renewable or recurring 
        basis, including agricultural crops and trees, wood and wood 
        wastes and residues, plants (including aquatic plants), 
        grasses, residues, fibers, and animal and other organic wastes;
          (2) the term ``biofuels'' includes liquid or gaseous fuels, 
        industrial chemicals, or both;
          (3) the term ``biopower'' includes the generation of 
        electricity or process steam or both; and
          (4) the term ``integrated bioenergy research and 
        development'' includes biopower and biofuels applications.

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.

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 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, including the Plant Genome Program 
of the National Science Foundation.
  (d) Integrated Applications.--Amounts authorized to be appropriated 
under this subtitle 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

SEC. 241. TRANSMISSION INFRASTRUCTURE SYSTEMS RESEARCH, DEVELOPMENT, 
                    DEMONSTRATION, AND COMMERCIAL APPLICATION.

  (a) In General.--The Secretary shall develop and implement a 
comprehensive research, development, demonstration, and commercial 
application program to ensure the reliability, efficiency, and 
environmental integrity of electrical transmission systems. Such 
program shall include advanced energy technologies and systems, high 
capacity superconducting transmission lines and generators, advanced 
grid reliability and efficiency technologies development, technologies 
contributing to significant load reductions, advanced metering, load 
management and control technologies, and technology transfer and 
education.
  (b) Technology.--In carrying out this subtitle, the Secretary may 
include research, development, and demonstration on and commercial 
application of improved transmission technologies including the 
integration of the following technologies into improved transmission 
systems:
          (1) High temperature superconductivity.
          (2) Advanced transmission materials.
          (3) Self-adjusting equipment, processes, or software for 
        survivability, security, and failure containment.
          (4) Enhancements of energy transfer over existing lines.
          (5) Any other infrastructure technologies, as appropriate.

SEC. 242. PROGRAM PLAN.

  Within 4 months 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 
transmission infrastructure systems industry to select and prioritize 
appropriate program areas. The Secretary shall 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.

SEC. 243. REPORT.

  Two years after the date of the enactment of this Act, and at two 
year intervals thereafter, the Secretary, in consultation 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 transmission infrastructure 
technologies.

    Subtitle D--Department of Energy Authorization of Appropriations

SEC. 261. AUTHORIZATION OF APPROPRIATIONS.

  (a) Operation and Maintenance.--There are authorized to be 
appropriated to the Secretary for Renewable Energy operation and 
maintenance, including activities under subtitle C, 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, $535,000,000 for fiscal year 2002, $639,000,000 for fiscal 
year 2003, and $683,000,000 for fiscal year 2004, to remain available 
until expended.
  (b) Wave Powered Electric Generation.--Within the amounts authorized 
to be appropriated to the Secretary under subsection (a), the Secretary 
shall carry out a research program, in conjunction with other 
appropriate Federal agencies, on wave powered electric generation.
  (c) Assessment of Renewable Energy Resources.--
          (1) In general.--Using funds authorized in subsection (a), of 
        this section, the Secretary shall transmit to the Congress, 
        within one year after the date of the enactment of this Act, an 
        assessment of all renewable energy resources available within 
        the United States.
          (2) Resource assessment.--Such report shall include a 
        detailed inventory describing the available amount and 
        characteristics of solar, wind, biomass, geothermal, 
        hydroelectric, and other renewable energy sources, and an 
        estimate of the costs needed to develop each resource. The 
        report shall also include such other information as the 
        Secretary believes would be useful in siting renewable energy 
        generation, such as appropriate terrain, population and load 
        centers, nearby energy infrastructure, and location of energy 
        resources.
          (3) Availability.--The information and cost estimates in this 
        report shall be updated annually and made available to the 
        public, along with the data used to create the report.
          (4) Sunset.--This subsection shall expire at the end of 
        fiscal year 2004.
  (d) 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 will 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;
          (5) assist universities in maintaining reactor 
        infrastructure; and
          (6) 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.
  (g) Report.--Not later than 6 months after the date of the enactment 
of this Act, the Secretary shall prepare and transmit to the 
appropriate congressional committees a 5-year plan on how the programs 
authorized in this subtitle will be implemented. The plan shall include 
a review of the projected personnel needs in the fields of nuclear 
science and engineering and of the scope of nuclear science and 
engineering education programs at the Department and other Federal 
agencies.

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--Advanced Fuel Recycling Technology Research and Development 
                                Program

SEC. 321. 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 at 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 and 
        2004.

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) $20,000,000 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), 321(c), 341(c), 342(c), and 
343(e), and including Advanced Radioisotope Power Systems, Test Reactor 
Landlord, and Program Direction, $191,200,000 for fiscal year 2002, 
$199,000,000 for fiscal year 2003, and $207,000,000 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--
          (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

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 research and 
development programs, which shall include--
          (1) Innovations for Existing Plants;
          (2) Integrated Gasification Combined Cycle;
          (3) advanced combustion systems;
          (4) Turbines;
          (5) Sequestration Research and Development;
          (6) innovative technologies for demonstration;
          (7) Transportation Fuels and Chemicals;
          (8) Solid Fuels and Feedstocks;
          (9) Advanced Fuels Research; and
          (10) Advanced Research.
  (c) Limit on use of Funds.--Notwithstanding subsections (a) and (b), 
no funds may be used to carry out the activities authorized by this 
subtitle after September 30, 2002, unless the Secretary has transmitted 
to the appropriate congressional committees the report required by this 
subsection and 1 month have elapsed since that transmission. The report 
shall include--
          (1) with respect to subsection (a), a 10-year plan 
        containing--
                  (A) a detailed assessment of whether the aggregate 
                funding levels provided under subsection (a) are the 
                appropriate funding levels for that program;
                  (B) a detailed description of how proposals will be 
                solicited and evaluated, including a list of all 
                demonstration activities expected to be undertaken;
                  (C) a detailed list of technical milestones for each 
                coal and related technology that will be pursued;
                  (D) recommendations for a mechanism for recoupment of 
                Federal funding for successful commercial projects; and
                  (E) a detailed description of how the program will 
                avoid problems enumerated in General Accounting Office 
                reports on the Clean Coal Technology Program, including 
                problems that have resulted in unspent funds and 
                projects that failed either financially or 
                scientifically;
          (2) with respect to subsection (b), a plan containing--
                  (A) a detailed description of how proposals will be 
                solicited and evaluated, including a list of all 
                demonstration activities expected to be undertaken; and
                  (B) a detailed list of technical milestones for each 
                coal and related technology that will be pursued; and
          (3) a description of how the programs will be carried out 
        under subsection (a) and subsection (b) so as to complement 
        each other and not duplicate activities.
  (d) Applicability.--Subsection (c) shall not apply to any program, 
project, or activity begun before September 30, 2001.

SEC. 406. PROJECT CRITERIA.

  (a) In General.--The Secretary shall not provide funding for any 
research, development, demonstration, or commercial application of coal 
and related technologies that do not advance efficiency, environmental 
performance, and cost competitiveness well beyond the level of 
technologies that are in operation or have been demonstrated as of the 
date of the enactment of this Act.
  (b) Technical Criteria for Clean Coal Power Initiative.--
          (1) Sequestration and gasification.--(A) In allocating the 
        funds authorized under section 405(a), the Secretary shall 
        ensure that at least 80 percent of the funds are used only for 
        projects on carbon sequestration, or coal-based gasification 
        technologies, including gasification combined cycle, 
        gasification fuel cells, gasification coproduction and hybrid 
        gasification/combustion.
          (B) The Secretary shall set technical milestones specifying 
        emissions levels that coal gasification projects must be 
        designed to and reasonably expected to achieve. The milestones 
        shall get more restrictive through the life of the program. The 
        milestones shall be designed to achieve by 2020 coal 
        gasification projects able--
                  (i) to remove 99 percent of sulfur dioxide;
                  (ii) to emit no more than .05 lbs of NOx per million 
                BTU;
                  (iii) to remove 95 percent of mercury; and
                  (iv) to achieve a thermal efficiency of 60 percent 
                (higher heating value).
          (2) Other projects.--For projects not described in paragraph 
        (1), the Secretary shall set technical milestones specifying 
        emissions levels that the projects must be designed to and 
        reasonably expected to achieve. The milestones shall get more 
        restrictive through the life of the program. The milestones 
        shall be designed to achieve by 2010 projects able--
                  (A) to remove 97 percent of sulfur dioxide;
                  (B) to emit no more than .08 lbs of NOx per million 
                BTU;
                  (C) to remove 90 percent of mercury; and
                  (D) to achieve a thermal efficiency of 45 percent 
                (higher heating value).
  (c) Financial Criteria.--The Secretary shall not provide a funding 
award for any research, development, demonstration, or commercial 
application of coal and related technologies unless the recipient of 
the award has documented to the satisfaction of the Secretary that--
          (1) the award recipient is financially viable without the 
        receipt of additional Federal funding;
          (2) the recipient will provide sufficient information to the 
        Secretary for the Secretary to ensure that the award funds are 
        spent efficiently and effectively; and
          (3) a market exists for the technology being demonstrated or 
        applied, as evidenced by statements of interest in writing from 
        potential purchasers of the technology.
  (d) Federal Share.--The Federal share of the cost of a coal or 
related technology project funded by the Secretary shall not exceed 50 
percent.

SEC. 407. CLEAN COAL CENTERS OF EXCELLENCE.

  As part of the program authorized in section 405(a), the Secretary 
shall award competitive, merit-based grants to universities for the 
establishment of Centers of Excellence for Energy Systems of the 
Future. Such Centers shall be located at universities with a proven 
record of conducting research on, developing, or demonstrating clean 
coal technologies. The Secretary shall provide grants to universities 
that can show the greatest potential for demonstrating new clean coal 
technologies.

                        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.

        Subtitle C--Ultra-Deepwater and Unconventional Drilling

SEC. 441. SHORT TITLE.

  This subtitle may be cited as the ``Natural Gas and Other Petroleum 
Research, Development, and Demonstration Act of 2001''.

SEC. 442. DEFINITIONS.

  For purposes of this subtitle--
          (1) the term ``deepwater'' means water depths greater than 
        200 meters but less than 1,500 meters;
          (2) the term ``Fund'' means the Ultra-Deepwater and 
        Unconventional Gas Research Fund established under section 450;
          (3) the term ``institution of higher education'' has the 
        meaning given that term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001);
          (4) the term ``Research Organization'' means the Research 
        Organization created pursuant to section 446(a);
          (5) the term ``ultra-deepwater'' means water depths greater 
        than 1,500 meters; and
          (6) the term ``unconventional'' means located in heretofore 
        inaccessible or uneconomic formations on land.

SEC. 443. ULTRA-DEEPWATER PROGRAM.

  The Secretary shall establish a program of research, development, and 
demonstration of ultra-deepwater natural gas and other petroleum 
exploration and production technologies, in areas currently available 
for Outer Continental Shelf leasing. The program shall be carried out 
by the Research Organization as provided in this subtitle.

SEC. 444. NATIONAL ENERGY TECHNOLOGY LABORATORY.

  The National Energy Technology Laboratory and the United States 
Geological Survey, when appropriate, shall carry out programs of long-
term research into new natural gas and other petroleum exploration and 
production technologies and environmental mitigation technologies for 
production from unconventional and ultra-deepwater resources, including 
methane hydrates. Such Laboratory shall also 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. ADVISORY COMMITTEE.

  (a) Establishment.--The Secretary shall, within 3 months after the 
date of the enactment of this Act, establish an Advisory Committee 
consisting of 7 members, each having extensive operational knowledge of 
and experience in the natural gas and other petroleum exploration and 
production industry who are not Federal Government employees or 
contractors. A minimum of 4 members shall have extensive knowledge of 
ultra-deepwater natural gas or other petroleum exploration and 
production technologies, a minimum of 2 members shall have extensive 
knowledge of unconventional natural gas or other petroleum exploration 
and production technologies, and at least 1 member shall have extensive 
knowledge of greenhouse gas emission reduction technologies, including 
carbon sequestration.
  (b) Function.--The Advisory Committee shall advise the Secretary on 
the selection of an organization to create the Research Organization 
and on the implementation of this subtitle.
  (c) Compensation.--Members of the Advisory Committee shall serve 
without compensation but shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States Code.
  (d) Administrative Costs.--The costs of activities carried out by the 
Secretary and the Advisory Committee under this subtitle shall be paid 
or reimbursed from the Fund.
  (e) Duration of Advisory Committee.--Section 14 of the Federal 
Advisory Committee Act shall not apply to the Advisory Committee.

SEC. 446. RESEARCH ORGANIZATION.

  (a) Selection of Research Organization.--The Secretary, within 6 
months after the date of the enactment of this Act, shall solicit 
proposals from eligible entities for the creation of the Research 
Organization, and within 3 months after such solicitation, shall select 
an entity to create the Research Organization.
  (b) Eligible Entities.--Entities eligible to create the Research 
Organization shall--
          (1) have been in existence as of the date of the enactment of 
        this Act;
          (2) be entities exempt from tax under section 501(c)(3) of 
        the Internal Revenue Code of 1986; and
          (3) be experienced in planning and managing programs in 
        natural gas or other petroleum exploration and production 
        research, development, and demonstration.
  (c) Proposals.--A proposal from an entity seeking to create the 
Research Organization shall include a detailed description of the 
proposed membership and structure of the Research Organization.
  (d) Functions.--The Research Organization shall--
          (1) award grants on a competitive basis to qualified--
                  (A) research institutions;
                  (B) institutions of higher education;
                  (C) companies; and
                  (D) consortia formed among institutions and companies 
                described in subparagraphs (A) through (C) for the 
                purpose of conducting research, development, and 
                demonstration of unconventional and ultra-deepwater 
                natural gas or other petroleum exploration and 
                production technologies; and
          (2) review activities under those grants to ensure that they 
        comply with the requirements of this subtitle and serve the 
        purposes for which the grant was made.

SEC. 447. GRANTS.

  (a) Types of Grants.--
          (1) Unconventional.--The Research Organization shall award 
        grants for research, development, and demonstration of 
        technologies to maximize the value of the Government's natural 
        gas and other petroleum resources in unconventional reservoirs, 
        and to develop technologies to increase the supply of natural 
        gas and other petroleum resources by lowering the cost and 
        improving the efficiency of exploration and production of 
        unconventional reservoirs, while improving safety and 
        minimizing environmental impacts.
          (2) Ultra-deepwater.--The Research Organization shall award 
        grants for research, development, and demonstration of natural 
        gas or other petroleum exploration and production technologies 
        to--
                  (A) maximize the value of the Federal Government's 
                natural gas and other petroleum resources in the ultra-
                deepwater areas;
                  (B) increase the supply of natural gas and other 
                petroleum resources by lowering the cost and improving 
                the efficiency of exploration and production of ultra-
                deepwater reservoirs; and
                  (C) improve safety and minimize the environmental 
                impacts of ultra-deepwater developments.
          (3) Ultra-deepwater architecture.--The Research Organization 
        shall award a grant to one or more consortia described in 
        section 446(d)(1)(D) for the purpose of developing and 
        demonstrating the next generation architecture for ultra-
        deepwater production of natural gas and other petroleum in 
        furtherance of the purposes stated in paragraph (2)(A) through 
        (C).
  (b) Conditions for Grants.--Grants provided under this section shall 
contain the following conditions:
          (1) If the grant recipient consists of more than one entity, 
        the recipient shall provide a signed contract agreed to by all 
        participating members clearly defining all rights to 
        intellectual property for existing technology and for future 
        inventions conceived and developed using funds provided under 
        the grant, in a manner that is consistent with applicable laws.
          (2) There shall be a repayment schedule for Federal dollars 
        provided for demonstration projects under the grant in the 
        event of a successful commercialization of the demonstrated 
        technology. Such repayment schedule shall provide that the 
        payments are made to the Secretary with the express intent that 
        these payments not impede the adoption of the demonstrated 
        technology in the marketplace. In the event that such impedance 
        occurs due to market forces or other factors, the Research 
        Organization shall renegotiate the grant agreement so that the 
        acceptance of the technology in the marketplace is enabled.
          (3) Applications for grants for demonstration projects shall 
        clearly state the intended commercial applications of the 
        technology demonstrated.
          (4) The total amount of funds made available under a grant 
        provided under subsection (a)(3) shall not exceed 50 percent of 
        the total cost of the activities for which the grant is 
        provided.
          (5) The total amount of funds made available under a grant 
        provided under subsection (a)(1) or (2) shall not exceed 50 
        percent of the total cost of the activities covered by the 
        grant, except that the Research Organization may elect to 
        provide grants covering a higher percentage, not to exceed 90 
        percent, of total project costs in the case of grants made 
        solely to independent producers.
          (6) An appropriate amount of funds provided under a grant 
        shall be used for the broad dissemination of technologies 
        developed under the grant to interested institutions of higher 
        education, industry, and appropriate Federal and State 
        technology entities to ensure the greatest possible benefits 
        for the public and use of government resources.
          (7) Demonstrations of ultra-deepwater technologies for which 
        funds are provided under a grant may be conducted in ultra-
        deepwater or deepwater locations.
  (c) Allocation of Funds.--Funds available for grants under this 
subtitle shall be allocated as follows:
          (1) 15 percent shall be for grants under subsection (a)(1).
          (2) 15 percent shall be for grants under subsection (a)(2).
          (3) 60 percent shall be for grants under subsection (a)(3).
          (4) 10 percent shall be for carrying out section 444.

SEC. 448. PLAN AND FUNDING.

  (a) Transmittal to Secretary.--The Research Organization shall 
transmit to the Secretary an annual plan proposing projects and funding 
of activities under each paragraph of section 447(a).
  (b) Review.--The Secretary shall have 1 month to review the annual 
plan, and shall approve the plan, if it is consistent with this 
subtitle. If the Secretary approves the plan, the Secretary shall 
provide funding as proposed in the plan.
  (c) Disapproval.--If the Secretary does not approve the plan, the 
Secretary shall notify the Research Organization of the reasons for 
disapproval and shall withhold funding until a new plan is submitted 
which the Secretary approves. Within 1 month after notifying the 
Research Organization of a disapproval, the Secretary shall notify the 
appropriate congressional committees of the disapproval.

SEC. 449. AUDIT.

  The Secretary shall retain an independent, commercial auditor to 
determine the extent to which the funds authorized by this subtitle 
have been expended in a manner consistent with the purposes of this 
subtitle. The auditor shall transmit a report annually to the 
Secretary, who shall transmit the report to the appropriate 
congressional committees, along with a plan to remedy any deficiencies 
cited in the report.

SEC. 450. FUND.

  (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Ultra-Deepwater and 
Unconventional Gas Research Fund'' which shall be available for 
obligation to the extent provided in advance in appropriations Acts for 
allocation under section 447(c).
  (b) Funding Sources.--
          (1) Loans from treasury.--There are authorized to be 
        appropriated to the Secretary $900,000,000 for the period 
        encompassing fiscal years 2002 through 2009. Such amounts shall 
        be deposited by the Secretary in the Fund, and shall be 
        considered loans from the Treasury. Income received by the 
        United States in connection with any ultra-deepwater oil and 
        gas leases shall be deposited in the Treasury and considered as 
        repayment for the loans under this paragraph.
          (2) Additional appropriations.--There are authorized to be 
        appropriated to the Secretary such sums as may be necessary for 
        the fiscal years 2002 through 2009, to be deposited in the 
        Fund.
          (3) Oil and gas lease income.--To the extent provided in 
        advance in appropriations Acts, not more than 7.5 percent of 
        the income of the United States from Federal oil and gas leases 
        may be deposited in the Fund for fiscal years 2002 through 
        2009.

SEC. 451. SUNSET.

  No funds are authorized to be appropriated for carrying out this 
subtitle after fiscal year 2009. The Research Organization shall be 
terminated when it has expended all funds made available pursuant to 
this subtitle.

                         Subtitle D--Fuel Cells

SEC. 461. FUEL CELLS.

  (a) In General.--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.
  (b) Manufacturing Production and Processes.--In addition to the 
program under subsection (a), the Secretary, in consultation other 
Federal agencies, as appropriate, shall establish a program for the 
demonstration of fuel cell technologies, including fuel cell proton 
exchange membrane technology, for commercial, residential, and 
transportation applications. The program shall specifically focus on 
promoting the application of and improved manufacturing production and 
processes for fuel cell technologies.
  (c) Authorization of Appropriations.--Within the amounts authorized 
to be appropriated under section 481(a), there are authorized to be 
appropriated to the Secretary for the purpose of carrying out 
subsection (b), $28,000,000 for each of fiscal years 2002 through 2004.

    Subtitle E--Department of Energy Authorization of Appropriations

SEC. 481. AUTHORIZATION OF APPROPRIATIONS.

  (a) Operation and Maintenance.--There are authorized to be 
appropriated to the Secretary for operation and maintenance for 
subtitle B and subtitle D, 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 
$282,000,000 for fiscal year 2002, $293,000,000 for fiscal year 2003, 
and $305,000,000 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 6 months 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 9 months 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 subtitle C, 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 $3,299,558,000 for fiscal year 2002, to remain available 
until expended.
  (b) Research Regarding Precious Metal Catalysis.--Within the amounts 
authorized to be appropriated to the Secretary under subsection (a), 
$5,000,000 for fiscal year 2002 may be used to carry out research in 
the use of precious metals (excluding platinum, palladium, and rhodium) 
in catalysis, either directly though national laboratories, or through 
the award of grants, cooperative agreements, or contracts with public 
or nonprofit entities.
  (c) 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;
          (2) $11,405,000 for fiscal year 2002 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) $18,633,000 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.
  (d) Limits on Use of Funds.--None of the funds authorized to be 
appropriated in subsection (c) 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) Inventions.--An invention conceived and developed by any person 
using funds provided through a grant under this Act shall be considered 
a subject invention for the purposes of chapter 18 of title 35, United 
States Code (commonly referred to as the Bayh-Dole Act).
  (f) Outreach.--The Secretary shall ensure that each program 
authorized by this Act includes an outreach component to provide 
information, as appropriate, to manufacturers, consumers, engineers, 
architects, builders, energy service companies, universities, facility 
planners and managers, State and local governments, and other entities.
  (g) 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.
  (h) 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) 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 2 months 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) 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.
  (c) 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 if the 
program has not been authorized by Congress.

SEC. 603. COST SHARING.

  (a) Research and Development.--Except as otherwise provided in this 
Act, for research and development programs carried out under this Act, 
the Secretary shall require a commitment from non-Federal sources of at 
least 20 percent of the cost of the project. The Secretary may reduce 
or eliminate the non-Federal requirement under this subsection if the 
Secretary determines that the research and development is of a basic or 
fundamental nature.
  (b) Demonstration and Commercial Application.--Except as otherwise 
provided in this Act, the Secretary shall require at least 50 percent 
of the costs directly and specifically related to any demonstration or 
commercial application project under this Act to be provided from non-
Federal sources. The Secretary may reduce the non-Federal requirement 
under this subsection if the Secretary determines that the reduction is 
necessary and appropriate considering the technological risks involved 
in the project and is necessary to meet the objectives of this Act.
  (c) Calculation of Amount.--In calculating the amount of the non-
Federal commitment under subsection (a) or (b), the Secretary may 
include personnel, services, equipment, and other resources.

SEC. 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 $5,000,000, 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 
$5,000,000.

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 $5,000,000.
  (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. 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 authorized by this 
Act, as well as the measurable cost and performance-based goals for 
such programs as established under section 4, and the progress on 
meeting such goals. Such reviews and assessments shall be conducted at 
least every 5 years, or more often as the Secretary considers 
necessary, and the Secretary shall transmit to the appropriate 
congressional committees reports containing the results of such reviews 
and assessments.

                        II. Purpose of the Bill

    The purpose of H.R. 2460, the Comprehensive Energy Research 
and Technology Act of 2001, is to authorize appropriations for 
environmental research and development (R&D;), scientific and 
energy research, development, and demonstration (RD&D;), and 
commercial application of energy technology programs, projects, 
and activities of the Department of Energy (DOE) and of the 
Office of Air and Radiation (OAR) of the Environmental 
Protection Agency (EPA), and for other purposes.

              III. Background and Need for the Legislation

    Affordable energy is essential to the Nation's continued 
prosperity. Volatile world oil markets, soaring natural gas and 
electricity prices, and energy shortages in a number of parts 
of the United States have replaced the relatively low energy 
prices enjoyed over most of the past two decades. In addition, 
there are increasing concerns about the environmental impacts 
of energy use, particularly with respect to climate change. 
Consequently, energy is again on the front burner of the 
Nation's agenda.
    In his second week in office, President George W. Bush 
established the National Energy Policy Development (NEPD) 
Group, chaired by Vice President Cheney, and directed it to 
develop a national energy policy designed to promote 
dependable, affordable, environmentally sound production and 
distribution of energy for the future. On May 16, 2001, the 
NEPD Group reported its more than 100 recommendations to the 
President, which he adopted and began to implement.
    Although the majority of the NEPD Group's recommendations 
are administrative in nature, a significant number of 
initiatives require congressional action. The President sent 
his legislative agenda to the Congress on June 28 stating that 
he was looking forward to working closely with Congress to 
implement critical components of a comprehensive energy plan.
    The Committee on Science has a significant role in the 
legislative implementation of the President's National Energy 
Policy. Under rule X, clause 1(n)(1) of the Rules of the House, 
the Committee on Science has jurisdiction over ``all bills, 
resolutions, and other matters relating to * * * [all] energy 
research, development, and demonstrations, and projects 
therefor,* * *'' [emphases added]. Similarly, under rule X, 
clause 1(n)(4), the Committee has jurisdiction over 
environmental R&D; under rule X, clause 1(n)(6), the Committee 
has jurisdiction over the commercial application of energy 
technology; and under rule X, clause 1(n)(14), the Committee 
has jurisdiction over scientific RD&D.;
    The areas encompassed by the Committee's jurisdiction are 
performed by a number of Federal agencies, including the 
Department of Commerce, DOE, Department of Transportation, the 
Environmental Protection Agency (EPA), the National Aeronautics 
and Space Administration (NASA), the National Institute of 
Science and Technology (NIST), the National Science Foundation, 
and the Office of Science and Technology Policy (OSTP).
    H.R. 2460 focuses primarily on DOE and EPA. DOE supports 
major energy and scientific RD&D; and commercial application 
activities, including solar and renewable energy, energy 
efficiency, fossil energy, and nuclear and fusion energy, and 
is also a major funding source for science. In addition, EPA's 
Office of Air and Radiation (OAR) conducts not only 
environmental R&D;, but also scientific and energy RD&D; and 
commercial application of energy technology programs, 
particularly in the conduct of its Climate Change Protection 
Programs.
    DOE's general authority lies in various statutes, including 
the Atomic Energy Act of 1954, as amended (P.L. 83-703), the 
Energy Reorganization Act of 1974 (P.L. 93-438), the Federal 
Nonnuclear Energy Research and Development Act of 1974 (P.L. 
93-577), and the Department of Energy Organization Act (P.L. 
95-91)--which established DOE in the Executive Branch on 
October 1, 1977, as a cabinet-level agency. Beyond this general 
authority, statutes such as the Energy Policy Act of 1992 (P.L. 
102-486) authorize numerous specific RD&D; and commercial 
application activities. However, with two exceptions--methane 
hydrate R&D; \1\ and Renewable Indian Energy Resources \2\--none 
of the existing Department's civilian programs has specific 
authorizations for fiscal year (FY) 2002 and beyond. This 
circumstance, in and of itself, dictates a compelling need for 
a comprehensive authorization bill to provide guidance and 
direction to the Department that will preserve and strengthen 
the Nation's energy future and science base.
---------------------------------------------------------------------------
    \1\ Methane hydrate research and development is authorized at $7.5 
million for FY 2002, $11.0 million for FY 2003, and at $12.0 million 
for each of FY 2004 and FY 2005 by the Methane Hydrate Research and 
Development Act of 2000 (Public Law 106-193).
    \2\ Renewable Indian Energy Resources is authorized at $30.0 
million for each of FY 2000-2003 by the Energy Conservation 
Reauthorization Act of 1998 (P.L. 105-388).
---------------------------------------------------------------------------
    EPA was established in the Executive Branch on December 2, 
1970, as an independent agency pursuant to President Nixon's 
Reorganization Plan No. 3 of July 9, 1970 (5 U.S.C. app.) to 
``integrate environmental management activities involving 
pollution control into a coordinated and comprehensive 
program.'' \3\
---------------------------------------------------------------------------
    \3\ Library of Congress. Congressional Research Service. 
Environmental Protection: An Historical Review of Legislation and 
Programs of the Environmental Protection Agency, Report No. 83-34 ENR, 
March 3, 1983, p. 1.
---------------------------------------------------------------------------
    EPA's statutory mandate for RD&D; and commercial application 
has grown from provisions of many environmental protection laws 
as enacted or amended diver the years. Congress has conferred 
on EPA the authority to conduct basic and applied research, to 
develop and demonstrate new technologies, to monitor the 
ambient environment, and to conduct diverse special studies in 
two ways: (1) in the context of at least 12 different 
environmental protection laws; \4\ and (2) in the Environmental 
Research, Development, and Demonstration Authorization Act 
(ERDDA). The Committee believes that the fact that none of the 
EPA OAR programs has specific authorizations for FY 2002 and 
beyond demonstrates the need for such legislation.
---------------------------------------------------------------------------
    \4\ Library of Congress. Congressional Research Service. 
Environmental Laws: Summaries of Statutes Administered by the 
Environmental Protection Agency, RL30798, January 4, 2001, p. 107. 
These 12 statutes include: (1) The Clean Air Act, especially sections 
103, 104, 153, and 319; (2) the Clean Water Act, especially title I, 
sections 104-11; (3) the Safe Drinking Water Act, especially sections 
1442 and 1444; (4) the Marine Protection, Research and Sanctuaries Act 
(Ocean Dumping Act), especially Title II and Title IV; (5) the Solid 
Waste Disposal Act/Resource Conservation and Recovery Act, subtitle H, 
sections 8001-8007; (6) the Federal Insecticide, Fungicide, and 
Rodenticide Act, section 20; (7) the Pesticide Research Act; (8) the 
Toxic Substances Control Act, especially section 10; (9) the Noise 
Control Act, section 14; (10) the National Environmental Policy Act, 
section 204(5); (11) the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (Superfund), section 311 as 
amended by the Superfund Amendments and Reauthorization Act of 1986 
section 209; and (12) the Acid Precipitation Act of 1980.
---------------------------------------------------------------------------
    The Committee believes this bill, H.R. 2460--which 
authorizes appropriations for environmental R&D;, scientific and 
energy RD&D;, and commercial application of energy technology 
programs, projects, and activities of the DOE and the EPA OAR--
meets the Committee's responsibilities to set priorities for a 
balanced energy and science portfolio and fundamental science 
that is vital to the Nation's future.

                        IV. Summary of Hearings

    The Full Committee on Science held 3 hearings and the 
Subcommittee on Energy held 7 hearings relevant to H.R. 2460.
    The Full Committee hearings included:
    1. February 28, 2001 hearing on The Nation's Energy Future: 
Role of Renewable Energy and Energy Efficiency to address three 
questions:
          --What are the current and projected near- and mid-
        term contributions of renewable energy and energy 
        efficiency to the Nation's energy mix?
          --Have renewable energy and energy efficiency 
        performed as expected, and if not, why not?
          --What programs and/or policies are needed to ensure 
        that renewable energy and energy efficiency achieve 
        their potential?
Witnesses were: (1) Mary J. Hutzler, Director, Office of 
Integrated Analysis and Forecasting, Energy Information 
Administration, DOE; (2) Professor John P. Holdren, Harvard 
University, Chair, President's Committee of Advisors on Science 
and Technology Energy Research and Development Panel; (3) 
Kenneth K. Humphreys, Senior Staff Engineer, Energy, Science 
and Technology Division, Pacific Northwest National Laboratory; 
and (4) Joel Darmstadter, Senior Fellow, Energy and Natural 
Resources Division, Resources for the Future.
    2. May 23, 2001 hearing on the National Energy Policy--
Report of the National Energy Policy Development Group. 
Witnesses were: (1) The Honorable William F. Martin, Chairman 
of Washington Policy and Analysis, Inc., on behalf of the 
Alliance for Energy and Economic Growth; (2) Katherine H. 
Hamilton, Co-Director of the American Bioenergy Association; 
and (3) David G. Hawkins, Director of the Natural Resources 
Defense Council Climate Center.
    3. June 21, 2001 hearing on the National Energy Policy--
Report of the National Energy Policy Development Group: 
Administration View to receive testimony from The Honorable 
Spencer Abraham, Secretary of Energy.
    The Subcommittee on Energy hearings included the following:
    1. March 22, 2001 hearing on H.R. 723: Civil Penalties for 
Nuclear Safety Violations by Nonprofit Department of Energy 
Contractors Under the Atomic Energy Act of 1954 to address 
proposed legislation that would amend the Atomic Energy Act of 
1954 to remove the exemption of nonprofit DOE contractors from 
civil penalties for violating DOE rules regulations, and orders 
relating to nuclear safety. Witnesses were: (1) Eric J. Fygi, 
DOE Acting General Counsel; (2) Gary L. Jones, Associate 
Director, Energy, Resources, and Science Issues, U.S. General 
Accounting Office; (3) Guy Cunningham, Associate General 
Counsel, Battelle Memorial Institute; and (4) Robert L. Van 
Ness, Assistant Vice President for Laboratory Administration, 
University of California. In addition, the Subcommittee 
received testimony for the record from Representative Joe 
Barton of Texas, Chairman of the House Energy and Commerce 
Subcommittee on Energy and Air Quality, and the author of H.R. 
723.
    2. April 26, 2001 hearing on the Department of Energy 
Fiscal Year 2002 Budget Request to consider the 
Administration's Fiscal Year (FY) 2002 request for the DOE. 
Administration witnesses were: (1) Dr. James F. Decker, Acting 
Director, DOE Office of Science; (2) John Sullivan, DOE Acting 
Deputy Assistant Secretary for Planning, Budget and Management 
on behalf of Dr. Abraham E. Haspel, Acting Director, DOE Office 
of Energy Efficiency and Renewable Energy; (3) Robert S. 
Kripowicz, DOE Acting Assistant Secretary for Fossil Energy, 
Office of Fossil; (4) Dr. Gail Marcus, Principal Deputy 
Director, DOE Office of Nuclear Energy, Science and Technology, 
on behalf of William D. Magwood, IV, Director, DOE Office of 
Nuclear Energy, Science and Technology; (5) Steven V. Cary, 
Acting Assistant Secretary, DOE Office of Environment, Safety 
and Health; and (6) James M. Owendoff, Deputy Assistant 
Secretary, DOE Office of Environmental Management. Outside 
witnesses were: (1) Dr. George H. Trilling, President, American 
Physical Society; (2) Dr. Scott W. Tinker, Director, Bureau of 
Economic Geology, University of Texas at Austin; (3) Dr. James 
A. Lake, President, American Nuclear Society; and (4) Michael 
L. Marvin, President, Business Council for Sustainable Energy.
    3. May 3, 2001 hearing on Energy Realities: Rates of 
Consumption, Energy Reserves, and Future Options to examine 
what advanced technology options may be available to provide 
energy in the future. Witnesses were: (1) Dr. Albert A. 
Bartlett, Professor Emeritus of Physics, University of Colorado 
at Boulder; (2) Dr. Suzanne D. Weedman, Program Coordinator, 
Energy Resources Programs, U.S. Geological Survey; (3) Dr. W. 
David Montgomery, Vice President, Charles River Associates; (4) 
Howard S. Geller, Executive Director Emeritus, American Council 
for an Energy Efficient Economy; (5) Henry A. Courtright, Vice 
President, Power Generation and Distributed Resources, Electric 
Power Research Institute; and, (6) Dr. Alexandra von Meier, 
Director, Environmental Technology Center, Sonoma State 
University.
    4. May 17, 2001 hearing on the Department of Energy Office 
of Science--Issues and Opportunities to receive testimony on 
the current status of the DOE's Office of Science programs, 
future opportunities, and major issues that confront the 
Office. Witnesses included: (1) Professor Frederick J. Gilman 
(Department of Physics Carnegie Mellon University), chair, DOE 
High Energy Physics Advisory Panel; (2) Dr. T. James Symons 
(Nuclear Sciences Division, Lawrence Berkeley National 
Laboratory), chair, DOE/NSF Nuclear Science Advisory Committee; 
(3) Dr. Geraldine L. Richmond (Department of Chemistry, 
University of Oregon), Chair, DOE Basic Energy Sciences 
Advisory Committee; (4) Dr. Keith O. Hodgson (Director, 
Stanford Synchrotron Radiation Laboratory Department of 
Chemistry, Stanford University), Chair, DOE Biological and 
Environmental Research Advisory Committee; (5) Professor 
Richard D. Hazeltine (University of Texas at Austin, Institute 
for Fusion Studies), Chair, DOE Fusion Energy Sciences Advisory 
Committee; (6) Dr. Margaret H. Wright (Bell Laboratories/Lucent 
Technologies), Chair, DOE Advanced Scientific Computing 
Advisory Committee; (7) Dr. Robert C. Richardson, Vice Provost 
for Research, Cornell University, and recipient of the 1996 
Nobel Prize in Physics; (8) Dr. Charles V. Shank, Director, 
Lawrence Berkeley National Laboratory; and (9) Professor James 
F. Drake, Institute for Plasma Research, University of 
Maryland.
    5. May 24, 2001 hearing on Energy Conservation Potential of 
Extended and Double Daylight Saving Time to examine the 
potential energy savings that may result from extending the 
months during which Daylight Saving Time (DST) is in effect and 
from ``double daylight saving time'' (DDST)--advancing clocks 
by two hours in months with long periods of daylight. Witnesses 
included: (1) The Honorable Brad Sherman, Member of Congress 
representing the Twenty-Fourth District of California; (2) 
LindaLawson, Acting Deputy Assistant Secretary for Policy, U.S. 
Department of Transportation; and (3) James C. Benfield of Bracy 
Williams & Co. In addition, the California Energy Commission and 
William R. Harris, an attorney and consultant on energy and DST, 
submitted testimony for the record.
    6. June 12, 2001 hearing on the President's National Energy 
Policy: Clean Coal Technology and Oil and Gas R&D; to examine 
the current status of coal and oil and gas technologies and R&D; 
efforts, and the extent to which technologies derived from this 
R&D; will extend the life of these resources. Witnesses 
included: (1) Robert S. Kripowicz, Acting DOE Assistant 
Secretary for Fossil Energy; (2) Ben Yamagata, Executive 
Director of the Coal Utilization Research Council; (3) James E. 
Wells, Director of Natural Resources and Environment, U.S. 
General Accounting Office; (4) Katherine Abend, Global Warming 
Associate, U.S. Public Interest Research Group; (5) John S. 
Mead, Director of the Coal Research Center, Southern Illinois 
University-Carbondale; (6) Virginia B. Lazenby, Chairman and 
CEO of Bretagne, GP, Nashville, Tennessee, on behalf of the 
Independent Petroleum Association of America; (7) Paul Cuneo, 
Vice President and Chief Information Officer of Equiva 
Services, LLC, Houston, Texas; (8) Dr. Craig W. Van Kirk, 
Professor of Petroleum Engineering and Head of the Department 
of Petroleum Engineering at the Colorado School of Mines, 
Golden, Colorado; and (9) Dr. Alan R. Huffman, Manager of 
Conoco's Seismic Imaging Technology Center, Houston, Texas.
    7. June 14, 2001 hearing on the President's National Energy 
Policy: Hydrogen and Nuclear Energy R&D; Legislation to receive 
testimony regarding legislation: (1) to reauthorize the Spark 
A. Matsunaga Hydrogen Research, Development, and Demonstration 
Act of 1990/Hydrogen Future Act of 1996; and (2) on nuclear 
energy R&D; provisions contained in H.R. 1679, the Electricity 
Supply Assurance Act of 2001, introduced by Representative 
Lindsey Graham of South Carolina and in H.R. 2126, the 
Department of Energy University Nuclear Science and Engineering 
Act, introduced by Representative Judy Biggert of Illinois. 
Witnesses included: (1) The Honorable David K. Garman, DOE 
Assistant Secretary for Energy Efficiency and Renewable Energy; 
(2) Dr. H.M. Hubbard, Chair, Committee on Programmatic Review 
of the U.S. Department of Energy's Office of Power 
Technologies, National Research Council; (3) Arthur T. 
Katsaros, Group Vice President-Engineered Systems and 
Development, Air Products and Chemicals, Inc., Lehigh Valley, 
Pennsylvania, on behalf of the National Hydrogen Association; 
(4) David P. Haberman, Chairman, DCH Technology, Inc., 
Valencia, California; and (5) Dr. Peter Lehman, Director, 
Schatz Energy Research Center, Humboldt State University, 
Arcata, California; (6) The Honorable Lindsey Graham, Member of 
Congress representing the Third District of South Carolina; (7) 
the Honorable Judy Biggert, Member of Congress representing the 
Thirteenth District of Illinois; (8) William D. Magwood, IV, 
Director, DOE Office of Nuclear Energy, Science and Technology; 
(9) Joe Colvin, President, Nuclear Energy Institute; (10) John 
Kotek, Argonne National Laboratory-West, Idaho Falls, Idaho, 
and Co-Chair, Public Policy Committee, American Nuclear 
Society; and (11) Anna Aurilio, Legislative Director, U.S. 
Public Interest Research Group.

                          V. Committee Action

    As summarized above, the Full Committee on Science heard 
testimony relevant to the programs authorized in H.R. 2460 at 
hearings held on February 28, May 23, and June 21, 2001, and 
the Subcommittee on Energy heard testimony relevant to the 
programs authorized in H.R. 2460 at hearings held on March 22, 
April 26, May 3, May 17, May 24, June 12, and June 14, 2001.
    On July 11, 2001, Chairman Sherwood L. Boehlert of the 
Committee on Science introduced H.R. 2460, the Comprehensive 
Energy Research and Technology Act of 2001, 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.
    The Subcommittee on Energy was discharged from further 
consideration of H.R. 2460 on July 17, 2001.
    The Committee on Science met to consider H.R. 2460 on 
Wednesday, July 18, 2001, and entertained the following 
amendments.
    Amendment 1.--Mr. Boehlert, Chairman of the Committee on 
Science, asked and received unanimous consent to offer en bloc 
amendments on behalf of himself and Mr. Hall of Texas, Ranking 
Minority Member of the Committee on Science. The en bloc 
amendments, which were adopted by voice vote: (1) amended 
section 4 (Goals) to set specific technology goals for programs 
and clarified that reports on the setting of goals for new 
programs are due within 120 days of the program beginning 
operation; (2) amended section 7 (Balance of Funding 
Priorities) to make clear that the Committee expects the ratios 
among the spending levels for the programs in the bill to be 
maintained and requires a report if that does not happen; (3) 
amended title I, subtitle A (Alternative Fuel Vehicles) to add 
ethanol, propane, and ultra low-sulfur diesel vehicles to the 
alternative fuel vehicle competitive grant pilot program; (4) 
amended title I, subtitle B (Distributed Energy Resources) to 
promote research on distributed power hybrid energy systems; 
(5) added four new subtitles to title I to authorize research 
on the reuse of the batteries that power electric vehicles, to 
create an Interagency Group to address energy conservation and 
research and development and related issues on building 
technologies, to demonstrate cleaner technologies for school 
buses, and to establish a next generation lighting initiative; 
(6) modified bill language on cost-sharing requirements to 
conform with existing law; (7) added definitions for bioenergy 
programs; (8) added a new subtitle to title II for RD&D; and 
commercial application of transmission infrastructure systems; 
(9) added new sections in title II (Renewable Energy) to 
require research on wave powered electric generation and an 
assessment of renewable energy resources; (10) added a 
reporting requirement to the programs on nuclear science and 
engineering authorized under, title III, subtitle A; (11) added 
language to title IV, subtitle A (Clean Coal) to ensure that 
the clean coal program funds environmental improvements and to 
establish Clean Coal Centers of Excellence; (12) added a new 
subtitle C to title IV to authorize RD&D; of ultra-deepwater 
natural gas and other petroleum exploration and production 
technologies; (13) expanded current fuel cell RD&D; programs to 
include demonstration of manufacturing production and 
processes; (14) authorized $5.0 million for FY 2002 for 
research in title V (Science) in the use of precious metals in 
catalysis; and (15) made other clarifying and technical 
amendments.
    Amendment 2.--Ms. Woolsey offered and withdrew an amendment 
to the en bloc amendments to strike section 322 of H.R. 2460, 
which authorizes an advanced fuel recycling technology research 
and development program.
    Amendment 3.--Ms. Woolsey offered an amendment to the en 
bloc amendments to reduce the FY 2002 authorization for Nuclear 
Energy Technologies in section 343(e) from $20.0 million to 
$4.5 million, and to reduce the FY 2002 authorization for 
nuclear energy operation and maintenance in section 344(a) from 
$191.2 million to $175.7 million. The amendment was rejected by 
a recorded vote of 18 ayes to 20 noes.
    Amendment 4.--Ms. Woolsey offered and withdrew an amendment 
to H.R. 2460 to add ``Subtitle E--Advanced Aeronautical 
Systems'' to Title I to authorize appropriations of $50.0 
million in FY 2002, $55.0 million in FY 2003, $60.0 million in 
FY 2004, $65.0 million in FY 2005, and $70.0 million in FY 2006 
to the Administrator of the National Aeronautics and Space 
Administration (NASA) and to direct NASA to develop: (1) 
technologies that would enable a 50 percent increase in 
aircraft engine efficiencies by 2010; and (2) air 
transportation management operation concepts and procedures 
that would enable a 25 percent increase in the energy 
efficiency of the overall air transport system, as compared to 
the efficiency as of the date of enactment of the Act.
    Amendment 5.--Ms. Jackson-Lee offered and withdrew an 
amendment to H.R. 2460 to add ``Subtitle E--Energy Pipeline 
Research and Development'' to Title IV to direct the Secretary 
of Transportation, in coordination with the Secretary of Energy 
and the Director of the National Science Foundation to develop 
and implement an accelerated cooperative program of research, 
development, and demonstration to ensure the integrity, 
reliability, safety, and security of natural gas and hazardous 
liquid pipelines.
    Amendment 6.--Mr. Hoeffel discussed, but did not offer, an 
amendment to H.R. 2460 to add ``Subtitle F--Nanoscale Science 
and Engineering'' to Title V, to authorize a multiyear 
nanoscale science and engineering program to be administered by 
the DOE Office of Science.
    Amendment 7.--Ms. Lofgren offered an amendment to the en 
bloc amendments to H.R. 2460 to insert language clarifying that 
only areas currently available for Outer Continental Shelf 
leasing may be used for ultra-deepwater natural gas and other 
petroleum exploration and production technology research, 
development and demonstration. The amendment was adopted by 
voice vote.
    Amendments 8 and 9.--Mr. Nethercutt asked for and received 
unanimous consent to offer two amendments to the en bloc 
amendments to H.R. 2460. Amendment 8 clarified language in 
section 124 relating to the High Power Density Industry 
Program, and Amendment 9 clarified language in sections 241(a) 
and (b) relating to transmission infrastructure systems 
research, development, demonstration, and commercial 
application. The amendments were adopted by voice vote.
    With a quorum present, Mr. Costello moved that the 
Committee favorably report the bill, H.R. 2460, as amended, to 
the House with the recommendation that the bill as amended do 
pass; that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes; and 
that the Chairman take all necessary steps to bring the bill 
before the House for consideration. The motion was agreed to by 
voice vote.
    Mr. Boehlert asked and received unanimous consent that: (1) 
Members have two subsequent calendar days in which to submit 
supplemental, minority or additional views on the measure; and 
(2) pursuant to clause 1 of rule XXII of the Rules of the House 
of Representatives, the Chairman may offer such motions as may 
be necessary in the House to go to conference with the Senate 
on H.R. 2460 or a similar Senate bill.

              VI. Summary of Major Provisions of the Bill

    Section 4 (Goals) sets specific technology goals for 
programs and clarifies that reports on the setting of goals for 
new programs are due within 120 days of the program beginning 
operation.
    Section 7 (Balance of Funding Priorities) makes clear that 
the Committee expects the ratios among the spending levels for 
the programs in the bill to be maintained and requires a report 
if that does not happen.
    Title I (Energy Conservation and Energy Efficiency) 
authorizes $3,134,100,000 for FY 2002-FY 2006 in six subtitles, 
as follows:
    1. A--Alternative Fuel Vehicles: $200.0 million for FY 2002 
for not more than 15 grants (with a maximum grant size of $20.0 
million) to State and local governments, or metropolitan 
transit authorities for the demonstration and commercial 
application of alternative fuel and ultra-low sulfur diesel 
vehicles.
    2. B--Distributed Power Hybrid Energy Systems: Section 125 
authorizes $20.0 million for FY 2002 for competitive, merit-
based grants for the development of micro-generation energy 
technology.
    3. C--Secondary Electric Vehicle Battery Use: $1.0 million 
for FY 2002, and $7.0 million for each of FY 2003 and FY 2004 
for an RD&D; program.
    4. D--Green School Buses: $40.0 million for FY 2002, $50.0 
million for FY 2003, $60.0 million for FY 2004, $70.0 million 
for FY 2005, and $70.0 million for FY 2006 for competitive 
grants for the demonstration and commercial application of 
alternative fuel and ultra-low sulfur diesel school buses.
    5. E--Next Generation Lighting Initiative: Authorizes the 
Secretary of Energy (Secretary) to research, develop, and 
conduct demonstration activities on advanced lighting 
technologies, including white light emitting diodes.
    6. F--DOE Authorization of Appropriations: In addition to 
the amounts authorized under subtitle A, section 125 of 
subtitle B, and subtitle D, authorizes $625.0 million for FY 
2002, $700.0 million for FY 2003, and $800.0 million for FY 
2004 for subtitles B, C, E, and the Energy Conservation 
operation and maintenance (including Building Technology, State 
and Community Sector (Nongrants), Industry Sector, 
Transportation Sector, Power Technologies, and Policy and 
Management).
    7. G--EPA OAR Authorization of Appropriations: $156.7 
million for FY 2002, $163.0 million for FY 2003, and $169.4 
million for FY 2004.
    In addition, subtitle H (National Building Performance 
Initiative) requires the Director of OSTP to establish and 
Interagency Group responsible for the development and 
implementation of a National Building Performance Initiative to 
address energy conservation and R&D; and related issues.
    Title II (Renewable Energy) authorizes $2,468,200,000 for 
FY 2002-FY 2006 in four subtitles, as follows:
    1. A--Hydrogen: $60.0 million for FY 2002, $70.0 million 
for FY 2003, $80.0 million for FY 2004, $90.0 million for FY 
2005, and $100.0 million for FY 2006.
    2. B--Bioenergy: $148.2 million for FY 2002, $162.9 million 
for FY 2003, $179.9 million for FY 2004, $199.4 million for FY 
2005, and $221.8 million for FY 2006.
    3. C--Transmission Infrastructure Systems: Directs the 
Secretary to develop and implement a comprehensive RD&D; and 
commercial application program to ensure the reliability, 
efficiency, and environmental integrity of electrical 
transmission systems.
    4. D--DOE Authorization of Appropriations: $535.0 million 
for FY 2002, $639.0 million for FY 2003, and $683.0 million for 
FY 2004, $70.0 million for FY 2005, and $70.0 million for FY 
2006, including the amounts authorized under subtitle A and 
subtitle B and for Renewable Energy operation and maintenance, 
including subtitle C, 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.
    Title III (Nuclear Energy) authorizes $724,995,000 for FY 
2002-FY 2006 in three subtitles, as follows:
    1. A--University Nuclear Science and Energy: $30.2 million 
for FY 2002, $41.0 million for FY 2003, $47.9 million for FY 
2004, $55.6 million for FY 2004, and $61.4 million for FY 2005.
    2. B--Advanced Fuel Recycling Technology R&D; Program: $10.0 
million for FY 2002, and such sums as are necessary for each of 
FY 2003 and FY 2004.
    3. C--DOE Authorization of Appropriations: $191.2 million 
for FY 2002, $199.0 million for FY 2003, and $207.0 million for 
FY 2004 for nuclear energy operation and maintenance, including 
subtitle A, the Nuclear Energy Research Initiative ($60.0 
million for FY 2002, and such sums as are necessary for each of 
FY 2003 and FY 2004), the Nuclear Energy Plant Optimization 
Program ($15.0 million for FY 2002, and such sums as are 
necessary for each of FY 2003 and FY 2004), Nuclear Energy 
Technologies ($20.0 million for FY 2002, and such sums as are 
necessary for each of FY 2003 and FY 2004), Advanced 
Radioisotope Power Systems, Test Reactor Landlord, and Program 
Direction. In addition, funds are authorized to complete two 
construction projects.
    Title IV (Fossil Energy) authorizes $7,933,000,000 for FY 
2002-FY 2011 in five subtitles, as follows:
    1. A--Clean Coal: $200.0 million for each of FY 2002-FY 
2011 for the Clean Coal Power Initiative, including the Clean 
Coal Centers of Excellence; and $172.0 million for FY 2002, 
$179.0 million for FY 2003, and $186.0 million for FY 2004 for 
other coal and related technologies programs. Also includes 
provisions to ensure that the clean coal program funds 
environmental improvements.
    2. B--Oil and Gas: Authorizes RD&D; and commercial 
application programs on petroleum-oil technology and natural 
gas technologies.
    3. C--Ultra-Deepwater and Unconventional Drilling: $4,516.0 
million for the period FY 2002-FY 2009 for RD&D; of ultra-
deepwater natural gas and other petroleum exploration and 
production technologies.
    4. D--Fuel Cells: Authorizes an RD&D; program on fuel cells, 
including $28.0 million for each of FY 2002-FY 2004 for the 
demonstration of manufacturing production and processes.
    5. E--DOE Authorization of Appropriations: $282.0 million 
for FY 2002, $293.0 million for FY 2003, and $305.0 million for 
subtitle B, subtitle D, and for Fossil Energy R&D; Headquarters 
Program Direction, Field Program Direction, Plant and Capital 
Equipment, Cooperative Research and Development, Import/Export 
Authorization, and Advanced Metallurgical Processes.
    Title V (Science) authorizes $4,541,858,000 for FY 2002-FY 
2006 in four subtitles, as follows:
    1. A--Fusion Energy Sciences: $320.0 million for FY 2002 
and $335.0 million for FY 2003.
    2. B--Spallation Neutron Source (SNS): $276.3 million for 
FY 2002, $201,571 million for FY 2003, $124.6 million for FY 
2004, $79.8 million for FY 2005, and $41.1 million for FY 2006 
for completion of construction, and $15.353 million for FY 2002 
and $103.279 million for FY 2003-FY 2006 for other project 
costs. Caps the project at $1,192.7 million for costs of 
construction, $219.0 million for other project costs, and 
$1,411.7 million for total project cost.
    3. C--Facilities, Infrastructure, and User Facilities: 
Requires the Secretary to develop and implement a least-cost 
nonmilitary energy laboratory facility and infrastructure 
strategy, and requires full and open competition for 
universities and other entities in the establishment or 
operation of a DOE user facility.
    4. E--DOE Authorization of Appropriations: $3,299,558,000 
for FY 2002 for Office of Science operation and maintenance 
(also including Fusion Energy Sciences, Spallation Neutron 
Source (SNS), subtitle C, 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), and including $5.0 million for FY 2002 for research 
in the use of precious metals in catalysts. Also authorizes 
funds to complete a number of construction projects.
    In addition, subtitle D (Advisory Panel on Office of 
Science) requires the Director of OSTP to establish an Advisory 
Panel on the DOE Office of Science.
    Title VI (Miscellaneous) contains two subtitles. Subtitle A 
(General Provisions for the Department of Energy), identifies 
current statutes that should be used for procedures and 
guidelines to carry out the Act, limits use of funds, and 
establishes cost-sharing requirements and reprogramming 
guidelines. Subtitle B (Other Miscellaneous Provisions) 
establishes limits on general plant projects and construction 
projects, provides authority for conceptual and construction 
design activities, requires that certain reports prepared 
pursuant to the NEPD Group recommendations be transmitted to 
specific congressional committees, and requires periodic 
reviews and assessments of the programs authorized by the Act.
    As shown in Table I below, H.R. 2460 authorizes a total of 
$18,802,153,000 for the period FY 2002-2011 for programs, 
projects, and activities in five titles in the bill. Table 2 
summarizes and Table 3 details the bill's authorizations for FY 
2002-FY 2004.


                    VII. Section-by-Section Analysis


Section 1. Short title, table of contents

    Subsection 1(a) cites the Act as the ``Comprehensive Energy 
Research and Technology Act of 2001,'' and subsection 1(b) 
contains the bill's table of contents.

Sec. 2. Findings

    Section 2 contains the eight findings.

Sec. 3. Purposes

    Section 3 contains the eight purposes of the Act.

Sec. 4. Goals

    Subsection 4(a) states that, subject to subsection 4(b), 
the Secretary should conduct a balanced energy RD&D; and 
commercial application portfolio of programs guided by the 
specific goals listed for each of (1) Energy Conservation and 
Energy Efficiency, (2) Renewable Energy, (3) Nuclear Energy, 
(4) Fossil Energy and (5) Science.
    Subsection 4(b) requires the Secretary of Energy, in 
consultation with others, to perform an assessment that 
establishes measurable cost and performance-based goals, or 
that modifies the goals under subsection (a), for 2005, 2010, 
2015, and 2020, for each of the programs authorized by this 
Act, that would enable each such program to meet the purposes 
under section 3. The assessment is to 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.
    In establishing the measurable cost and performance-based 
goals under subsection (b), subsection 4(c) requires the 
Secretary to consult with the private sector, institutions of 
higher learning, national laboratories, environmental 
organizations, professional and technical societies, and any 
other persons the Secretary considers appropriate.
    Subsection 4(d) requires the Secretary, within 120 days of 
the date of enactment of this Act, to issue and publish in the 
Federal Register a set of draft measurable cost and 
performance-based goals for public comment for those programs 
established before the date of enactment of this Act. (In the 
case of a program not established before the date of the 
enactment of this Act, then not later than 120 days after the 
date of establishment of the program). Not later than 60 days 
after the date of publication, after taking into consideration 
any public comments received, the Secretary is to transmit to 
the Congress and publish in the Federal Register the final 
measurable cost and performance-based goals. Such goals must be 
updated on a biennial basis.

Sec. 5. Definitions

    Section 5 defines the terms: (1) ``Administrator'' to mean 
the Administration of the Environmental Protection Agency 
(EPA); (2) ``appropriate congressional committees'' to mean (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 ``Department'' to mean the Department of 
Energy; and (4) the ``Secretary'' to mean the Secretary of 
Energy.

Sec. 6. Authorizations

    Section 6 states that authorizations of appropriations 
under this Act are for environmental R&D;, scientific and energy 
RD&D; and commercial application of energy technology programs, 
projects, and activities. This is consistent with the Science 
Committee's jurisdiction under rule X, clause 1(n) of the Rules 
of the House.

Sec. 7. Balance of funding priorities

    Subsection 7(a) expresses the sense of the 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 those programs.
    If the amounts appropriated in general appropriations Acts 
for FY 2002, FY 2003, or FY 2004 for the programs authorized in 
titles I through IV of this Act are not in the same proportion 
to one another as are the authorizations for such programs in 
this Act, subsection 7(b) requires the Secretary and the 
Administrator, within 60 days after the date of the enactment 
of the last general appropriations Act appropriating amounts 
for such programs, to transmit to the appropriate congressional 
committees a report describing the programs, projects, and 
activities that would have been funded if the proportions 
provided for in this Act had been maintained in the 
appropriations. The amount appropriated for the program 
receiving the highest percentage of its authorized funding for 
a fiscal year shall be used as the baseline for calculating the 
proportional deficiencies of appropriations for other programs 
in that fiscal year.

           Title I--Energy Conservation and Energy Efficiency


                 subtitle a--alternative fuel vehicles

Sec. 101. Short title

    Subsection 101 cites the subtitle as the ``Alternative Fuel 
Vehicles Acceleration Act of 2001.''

Sec. 102. Definitions

    Section 102 defines the terms ``alternative fuel vehicle,'' 
``pilot program,'' and ``ultra-low sulfur diesel vehicle.''

Sec. 103. Pilot program

    Subsection 103(a) directs the Secretary to establish an 
alternative fuel and ultra-low sulfur diesel vehicle energy 
demonstration and commercial application competitive grant 
pilot program to provide not more than 15 grants to State 
governments, local governments, or metropolitantransportation 
authorities to carry out a project or projects for the purposes 
described in subsection (b).
    Subsection 103(b) defines the purposes for which the grants 
may be used.
    Subsections 103(c), (d), and (e) set out the grant 
application requirements, selection criteria, and pilot project 
requirements, respectively.
    Subsection 103(e) limits: (1) the amount of an award to any 
one applicant to not more than $20.0 million; (2) the Federal 
cost share to not more than 50 percent; and (3) the length of 
the funding period to not more than five years. It also directs 
the Secretary to assure nationwide deployment of alternative 
fuel vehicles through broad geographic distribution of project 
sites; and to establish mechanisms that ensure the 
dissemination of information gained by the pilot program 
participants to all interested parties including all other 
applicants.
    Subsection 103(f) directs the Secretary to publish in the 
Federal Register, Commerce Business Daily, and elsewhere 
requests for project grant applications under the pilot 
program, which shall be due within six months after the notice 
publication. The Secretary shall select from among the project 
grant applications by a competitive, peer review process to 
award grants under the pilot program.
    Section 103(g) mandates that the Secretary shall provide 
not less than 20 percent and not more than 25 percent of the 
grant funding for the acquisition of ultra-low sulfur diesel 
vehicles.

Sec. 104. Reports to Congress

    Section 104 requires the Secretary to transmit an initial 
report to the appropriate congressional committees within two 
months after the grants are awarded detailing the successful 
applicants' projects, a listing of the applicants and a 
description of the information dissemination mechanism under 
103(e)(5). Not later than three years after the date of 
enactment, and annually thereafter until the program ends, the 
Secretary is required to transmit a report containing an 
evaluation of the pilot program's effectiveness to the same 
committees. This evaluation report is to include 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 and ultra-
low sulfur diesel vehicles.

Sec. 104. Authorization of appropriations

    Section 105 authorizes $200.0 million for FY 2002 for the 
pilot program, to remain available until expended.

          Subtitle B--Distributed Power Hybrid Energy Systems

Sec. 121. Findings

    Section 121 lists 4 findings.

Sec. 122. Definitions

    Section 122 defines the terms ``distributed power hybrid 
system'' and ``distributed power source.''

Sec. 123. Strategy

    Under subsection 123(a), not later than one year after the 
date of the enactment of this Act, the Secretary shall develop 
and transmit to the Congress a distributed power hybrid systems 
strategy showing: (1) needs best met with distributed power 
hybrid systems configurations, especially systems including one 
or more solar or renewable power sources; and (2) technology 
gaps and barriers (including barriers to efficient connection 
with the power grid) that impede the use of distributed power 
hybrid systems.
    Subsection 123(b) specifies five elements the strategy 
should address, including a comprehensive RD&D; and commercial 
application program to ensure the reliability, efficiency, and 
environmental integrity of distributed energy resources.
    Subsection 123(c) requires the Secretary to implement the 
strategy transmitted under subsection 123(a) and the research 
program under subsection 123(b). Activities pursuant to the 
strategy are to be integrated with other activities of the 
DOE's Office of Power Technologies.

Sec. 124. High Power Density Industry Program

    Subsection 124(a) requires the Secretary to develop and 
implement a comprehensive RD&D; 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.
    Subsection 124(b) provides that in carrying out this 
section, the Secretary shall consider technologies that 
provide: (1) significant improvement in efficiency of high 
power density facilities, and in data and telecommunications 
centers, using advanced thermal control technologies; (2) 
significant improvements in air-conditioning efficiency in 
facilities such as data centers and telecommunications 
facilities; (3) significant advances in peak load reduction; 
and (4) advanced real time metering and load management and 
control devices.
    Subsection 124(c) requires that activities pursuant to this 
program be integrated with other activities of the DOE's Office 
of Power Technologies.

Sec. 125. Micro-cogeneration energy technology

    Section 125 requires the Secretary to make competitive, 
merit-based grants to consortia of private sector entities for 
the development of micro-cogeneration energy technology. The 
consortia shall explore the creation of small-scale combined 
heat and power through the use of residential heating 
appliances. The section also authorizes $20.0 million, to 
remain available until expended.

Sec. 126. Program plan

    Section 126 directs the Secretary to consult with 
appropriate representatives of the distributed energy 
resources, power transmission, and high power density 
industries, other appropriate entities, and Federal, State and 
local agencies, within four months of enactment, to present to 
Congress a five-year program plan to guide activities under 
this subtitle.

Sec. 127. Report

    Section 127 instructs the Secretary, jointly with other 
appropriate Federal agencies, to report to Congress within two 
years of enactment and every two years thereafter for the 
duration of the program on the program's progress made to 
achieve the purposes of this subtitle.

 Sec. 128. Voluntary consensus standards

    Under this section, not later than two years after the date 
of enactment of this Act, the Secretary, in consultation with 
the NIST, shall work with the Institute of Electrical and 
Electronic Engineers and other standards development 
organizations toward the development of voluntary consensus 
standards for distributed energy systems for use in 
manufacturing and using equipment and systems for connection 
with electric distribution systems, for obtaining electricity 
from, or providing electricity to, such systems.

           Subtitle C--Secondary Electric Vehicle Battery Use

Sec. 131. Definitions

    Section 131 defines the terms ``battery'' and ``associated 
equipment.''

Sec. 132. Establishment of Secondary Electric Vehicle Battery Use 
        Program

    Subsection 132(a) directs the Secretary to establish and 
carry out a RD&D; program for the secondary use of batteries 
originally used in transportation applications. The program 
should demonstrate the use of batteries in secondary 
application, including utility and commercial power storage and 
power quality and should be structured to evaluate the 
performance, including longevity of useful service life and 
costs, of such batteries in field operations, and evaluate the 
necessary supporting infrastructure, including disposal and 
reuse of batteries. The Secretary is directed to coordinate 
with ongoing secondary battery use programs underway at the 
national laboratories and in industry.
    Subsection 132(b) directs the Secretary, no later than six 
months after the date of the enactment of this Act, to solicit 
proposals to demonstrate the secondary use of batteries and 
associated equipment and supporting infrastructure in 
geographic locations through out the United States. The 
Secretary may make additional solicitations for proposals if 
the Secretary determines that such solicitations are necessary 
to carry out this section. Proposals submitted in response to a 
solicitation under this section shall include: (1) a 
description of the project, including the batteries to be used 
in the project; the proposed locations and applications for the 
batteries; the number of batteries to be demonstrated; and the 
type, characteristics, and estimated life-cycle costs of the 
batteries compared to other energy storage devices currently in 
use; (2) the contribution, if any, of State or local 
governments and other persons to the demonstration project; (3) 
the type of associated equipment to be demonstrated and the 
type of supporting infrastructure to be demonstrated; and (4) 
any other information the Secretary considers appropriate. If 
the proposal includes a lease arrangement, the proposal shall 
indicate the terms of such lease arrangement for the batteries 
and associated equipment.
    Subsection 132(c) directs the Secretary, no later than 
three months after the closing date established by the 
Secretary for receipt of proposals under subsection 132(b), to 
select at least five proposals to receive financial assistance 
under this subsection. No one project selected is permitted to 
receive more than 25 percent of the funds authorized under this 
section, and no more than three projects selected under this 
section shall demonstrate the same battery type.
    In selecting a proposal under subsection 132(c), the 
Secretary must consider:
          (1) the ability of the proposer to acquire the 
        batteries and associated equipment and to successfully 
        manage and conduct the demonstration project, including 
        the reporting requirements;
          (2) the geographic and climatic diversity of the 
        projects selected;
          (3) the long-term technical and competitive viability 
        of the batteries to be used in the project and of the 
        original manufacturer of such batteries;
          (4) the suitability of the batteries for their 
        intended uses;
          (5) the technical performance of the battery, 
        including the expected additional useful life and the 
        battery's ability to retain energy;
          (6) the environmental effects of the use of and 
        disposal of the batteries proposed to be used in the 
        project selected;
          (7) the extent of involvement of State or local 
        government and other persons in the demonstration 
        project and whether such involvement will permit a 
        reduction of the Federal cost share per project or 
        otherwise be used to allow the Federal contribution to 
        be provided to demonstrate a greater number of 
        batteries; and
          (8) such other criteria as the Secretary considers 
        appropriate.
    The Secretary must require that as a part of a 
demonstration project, the users of the batteries provide to 
the proposer information regarding the operation, maintenance, 
performance, and use of the batteries, and the proposer provide 
such information to the battery manufacturer, for three years 
after the beginning of the demonstration project. The Secretary 
must also require the proposer to provide to the Secretary 
information regarding the operation, maintenance, performance, 
and use of the batteries that the Secretary may request during 
the period of the demonstration project. The proposer must 
provide at least 50 percent of the costs associated with the 
proposal.

Sec. 133. Authorization of appropriations

    Section 133 authorizes (from amounts authorized under 
section 161(a)) for purposes of this subtitle $1.0 million for 
FY 2002, $7.0 million for FY 2003 and $7.0 million for FY 2004, 
to remain available until expended.

                     Subtitle D--Green School Buses

Sec. 141. Short title

    Section 141 cites the subtitle as the ``Clean Green School 
Bus Act of 2001.''

Sec. 142. Establishment of pilot

    Subsection 142(a) directs the Secretary to establish a 
pilot program for awarding grants on a competitive basis to 
eligible entities for the demonstration and commercial 
application of alternative fuel school buses and ultra-low 
sulfur diesel school buses.
    Subsection 142(b) requires the Secretary, no later than 
three months after the date of enactment of this Act, to 
establish and publish in the Federal Register grant 
requirements on eligibility for assistance, and on 
implementation of the program established under subsection (a), 
including certification requirements to ensure compliance with 
this subtitle.
    Subsection 142(c) requires the Secretary, no later than six 
months after the date of enactment of this Act, to solicit 
proposals for grants under this section.
    Subsection 142(d) requires that a grant be awarded, under 
this section only, to a local governmental entity responsible 
for providing school bus service for one or more public school 
systems or, jointly with a contracting entity that provides 
school bus service to the public school system or systems.
    Subsection 142(e) requires that grants under this section 
shall be for the demonstration and commercial application of 
technologies to facilitate the use of alternative fuel school 
buses and ultra-low sulfur diesel school buses in lieu of buses 
manufactured before model year 1977 and diesel-powered buses 
manufactured before model year 1991. Other than the receipt of 
the grant, a recipient of a grant under this section may not 
receive any economic benefit in connection with the receipt of 
the grant. When awarding grants, the Secretary shall give 
priority to applicants who can demonstrate the use of 
alternative fuel buses and ultra-low sulfur diesel school buses 
in lieu of buses manufactured before model year 1977.
    Subsection 142(f) requires that a grant provided under this 
section shall include the following conditions:
          (1) all buses acquired with funds provided under the 
        grant shall be operated as part of the school bus fleet 
        for which the grant was made for a minimum of five 
        years;
          (2) funds provided under the grant may only be used 
        to pay the cost, except as provided in the following 
        paragraph (3), of new alternative fuel school buses or 
        ultra-low sulfur diesel school buses, including State 
        taxes and contract fees to provide--
                  (i) up to 10 percent of the price of the 
                alternative fuel school buses acquired, for 
                necessary alternative fuel infrastructure if 
                the infrastructure will only be available to 
                the grant recipient; and
                  (ii) up to 15 percent of the price of the 
                alternative fuel school buses acquired, for 
                necessary alternative fuel infrastructure if 
                the infrastructure will be available to the 
                grant recipient and to other bus fleets;
          (3) the grant recipient shall be required to provide 
        at least the lesser of 15 percent of the total cost of 
        each bus received or $15,000 per bus;
          (4) in case of a grant recipient receiving a grant to 
        demonstrate ultra-low sulfur diesel school buses, the 
        grant recipient shall be required to provide 
        documentation to the satisfaction of the Secretary that 
        diesel fuel containing sulfur at not more than 15 parts 
        per million (PPM) is available for carrying out the 
        purposes of the grant, and a commitment by the 
        applicant to use such fuel in carrying out the purposes 
        of the grant.
    Subsection 142(g) requires that funding under a grant made 
under this section may be used to demonstrate the use only of 
new alternative fuel school buses or ultra-low sulfur diesel 
school buses:
          (1) with a gross vehicle weight of greater than 
        14,000 pounds;
          (2) that are powered by a heavy duty engine;
          (3) that, in the case of alternative fuel school 
        buses, emit not more than--
                  (A) 2.5 grams per brake horsepower-hour of 
                non-methane hydrocarbons and oxides of nitrogen 
                and 0.01 grams per brake horsepower-hour of 
                particulate matter for buses manufactured in 
                model years 2001 and 2002; and
                  (B) 1.8 grams per brake horsepower-hour of 
                non-methane hydrocarbons of oxides of nitrogen 
                and 0.01 grams per brake horsepower-hour of 
                particulate matter for buses manufactured in 
                model years 2003 through 2006; and
          (4) that, in the case of ultra-low sulfur diesel 
        school buses, emit not more than--
                  (A) 3.0 grams per brake horsepower-hour of 
                non-methane hydrocarbons and oxides of nitrogen 
                and 0.01 grams per brake horsepower-hour of 
                particulate matter for buses manufactured in 
                model years 2001 through 2003; and
                  (B) 2.5 grams per brake horsepower-hour of 
                non-methane hydrocarbons and oxides of nitrogen 
                and 0.01 grams per brake horsepower-hour of 
                particulate matter for buses manufactured in 
                model years 2004 through 2006, except that 
                under no circumstances shall buses be acquired 
                under this section that emit non-methane 
                hydrocarbons, oxides of nitrogen, or 
                particulate matter at a rate greater than the 
                best performing technology of ultra-low sulfur 
                diesel school buses commercially available at 
                the time the grant is made.
    Subsection 142(h) requires the Secretary, to the maximum 
extent practicable, to achieve nationwide deployment of 
alternative fuel school buses through the program under this 
section, and to ensure a broad geographic distribution of grant 
awards, with a goal of no State receiving more than 10 percent 
of the grant funding made available under this section for a 
fiscal year.
    Subsection 142(i) requires the Secretary to provide not 
less than 20 percent and not more than 25 percent of the grant 
funding made available under this section for any fiscal year 
for the acquisition of ultra-low sulfur diesel school buses.
    Subsection 142(j) defines the term ``alternative fuel 
school bus'' to mean a bus powered substantially by electricity 
(including electricity supplied by a fuel cell), or by 
liquefied natural gas, compressed natural gas, liquefied 
petroleum gas, hydrogen, propane, or methanol or ethanol at no 
less than 85 percent by volume. It also defines the term 
``ultra-low sulfur diesel school bus'' to mean a school bus 
powered by diesel fuel which contains not more than 15 PPM 
sulfur.

Sec. 143. Fuel Cell Development and Demonstration Program

    Subsection 143(a) requires the Secretary to establish a 
program for entering into cooperative agreements with private-
sector fuel cell bus developers for the development of fuel-
cell-powered school buses, and subsequently with not less than 
two units of local government usingnatural-gas-powered school 
buses and such private sector fuel cell bus developers to demonstrate 
the use of fuel-cell-powered school buses.
    Subsection 143(b) requires the non-Federal contribution for 
activities funded under this section to be no less than 20 
percent for fuel infrastructure development activities and no 
less than 50 percent for demonstration activities and for non-
fuel infrastructure development activities.
    Subsection 143(c) limits the amount authorized under 
section 144 that may be used for carrying out this section for 
the period encompassing FY 2002 through FY 2006 to no more than 
$25.0 million.
    Subsection 143(d) requires the Secretary, no later than 
three years after the date of enactment of this Act, and, 
again, no later than October 1, 2006, to transmit to Congress a 
report that evaluates the process of converting natural gas 
infrastructure to accommodate fuel-cell-powered school buses 
and assesses the results of the development and demonstration 
program under this section.

Sec. 144. Authorization of appropriations

    Section 144 authorizes $40.0 million for FY 2002, $50.0 
million for FY 2003, $60.0 million for FY 2004, $70.0 million 
for FY 2005, and $80.0 million for FY 2006, to remain available 
until expended, to carry out this subtitle.

                  Subtitle E--Next Generation Lighting

Sec. 151. Short title

     Section 151 cites the subtitle as ``Next Generation 
Lighting Initiative Act.''

Sec. 152. Definition

    Section 152 defines the term ``Lighting Initiative'' to 
mean the ``Next Generation Lighting Initiative'' established 
under section 153(a).

Sec. 153. Next generation lighting initiative

    Subsection 153(a) authorizes the Secretary to establish a 
Lighting Initiative to be known as the ``Next Generation 
Lighting Initiative'' to research, develop, and conduct 
demonstration activities on advanced lighting technologies, 
including white light emitting diodes.
    Subsection 153(b) states the research objectives of the 
Lighting Initiative to develop, by 2011, advanced lighting 
technologies that, compared to incandescent and fluorescent 
lighting technologies as of the date of the enactment of this 
Act, are longer lasting, more energy-efficient and cost-
competitive.

Sec. 154. Study

    Subsection 154(a) requires the Secretary, in consultation 
with other Federal agencies, as appropriate, no later than six 
months after the date of enactment of this Act, to complete a 
study on strategies for the development and commercial 
application of advanced lighting technologies. The Secretary 
shall request a review by the National Academies of Sciences 
and Engineering of the study under this subsection, and shall 
transmit the results of the study to the appropriate 
congressional committees.
    Subsection 154(b) requires that the study include the 
development of a comprehensive strategy to implement the 
Lighting Initiative and identifying the research and 
development, manufacturing, deployment, and marketing barriers 
that must be overcome to achieve a goal of a 25 percent market 
penetration by advanced lighting technologies into the 
incandescent and fluorescent lighting market by the year 2012.
    Subsection 154(c) requires the Secretary to modify the 
implementation of the Lighting Initiative, if necessary, to 
take into consideration the recommendations of the National 
Academies of Sciences and Engineering, as soon as practicable 
after the review of the study under subsection 154(a) is 
transmitted to the Secretary by the National Academies of 
Sciences and Engineering.

Sec. 155. Grant program

    Subsection 155(a) permits the Secretary to make merit-based 
competitive grants to firms and research organizations that 
conduct RD&D; projects related to advanced lighting 
technologies, subject to section 603 of this Act.
    Subsection 155(b) requires an annual independent review of 
the grant-related activities of firms and research 
organizations receiving a grant under this section to be 
conducted by a committee appointed by the Secretary under the 
Federal Advisory Committee Act (5 U.S.C. App.), or, at the 
request of the Secretary, a committee appointed by the National 
Academies of Sciences and Engineering. Using clearly defined 
standards established by the Secretary, the review shall assess 
technology advances and progress toward commercialization of 
the grant-related activities of firms or research organizations 
during each fiscal year of the grant program.
    Subsection 155(c) requires the national laboratories and 
other Federal agencies, as appropriate, to cooperate with and 
provide technical and financial assistance to firms and 
research organizations.

    Subtitle F--Department of Energy Authorization of Appropriations

Sec. 161. Authorization of appropriations

    Subsection 161(a) authorizes $625.0 million for FY 2002, 
$700.0 million for FY 2003; and (3) $800 million for FY 2004 
for Energy Conservation operation and maintenance (including 
Building Technology, State and Community Sector, Industry 
Sector, Transportation Sector, Power Technologies, and Policy 
and Management), to remain available until expended. These 
amounts are in addition to: (1) $200.0 million authorized for 
FY 2002 under section 105 for alternative fuel and ultra-low 
sulfur diesel vehicles; (2) $20.0 million for FY 2002 
authorizedunder section 125 for micro-cogeneration energy 
technology; and (3) $40.0 million for FY 2002, $50.0 million for FY 
2003, and $60.0 million for FY 2004 authorized under section 144 for 
green school buses.
    Subsection 161(b) provides that none of the funds 
authorized to be appropriated in subsection 131(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; (E) State Energy Program; or 
(2) Federal Energy Management Program.'' These limitations are 
included to preserve the Science Committee's sole jurisdiction 
over the bill since the jurisdiction of programs under this 
subsection 131(b) either resides with the Committee on Energy 
and Commerce or is shared with that Committee.

Subtitle G--Environmental Protection Agency Office of Air and Radiation 
                    Authorization of Appropriations

Sec. 171. Short title

    Section 171 cites the subtitle as the ``Environmental 
Protection Agency Office of Air and Radiation Authorization Act 
of 2001.''

Sec. 172. Authorization of appropriations

    Section 172 authorizes to be appropriated to the 
Administrator for the Office of Air and Radiation a total of 
$156.7 million for FY 2002, $163.0 million for FY 2003, and 
$169.4 million for FY 2004, to remain available until expended. 
Of these amounts, $28.3 million for FY 2002, $29.4 million for 
FY 2003, and $30.6 million for FY 2004 shall be for Science; 
and $128.4 million for FY 2002, $133.6 million for FY 2003, and 
$138.8 million for FY 2004 shall be for Climate Change 
Protection Programs, including:
          (A) $52.7 million for FY 2002, $54.8 million for FY 
        2003, and $57.0 million for FY 2004 for Buildings;
          (B) $32.4 million for FY 2002, $33.7 million for FY 
        2003, and $35.0 million for FY 2004 for Transportation;
          (C) $32.0 million for FY 2002, $33.3 million for FY 
        2003, and $34.6 million for FY 2004 for Industry;
          (D) $1.7 million for FY 2002, $1.750 million for FY 
        2003, and $1.8 million for FY 2004 for Carbon Removal;
          (E) $2.5 million for FY 2002, $2.6 million for FY 
        2003, and $2.7 million for FY 2004 for State and Local 
        Climate;
          (F) $6.3 million for FY 2002, $6.6 million for FY 
        2003, and $6.8 million for FY 2004 for International 
        Capacity Building; and
          (G) $0.8 million for FY 2002, $0.85 million for FY 
        2003, and $0.9 million for FY 2004 for Technical 
        Cooperation with Industrial and Developing Countries.

Sec. 173. Limits on use of funds

    Subsection 173(a) prohibits EPA from using funds 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.
    Subsection 173(b) prohibits EPA from using funds to prepare 
or initiate Requests for Proposals for a program if Congress 
has not authorized the program.

Sec. 174. Cost sharing

    Except as otherwise provided in this subtitle, subsection 
174(a) mandates that for R&D; programs carried out under this 
subtitle, the Administrator shall require a commitment from 
non-Federal sources of at least 20 percent of the cost of the 
project. The Administrator may reduce or eliminate the non-
Federal requirements under this subsection if the Administrator 
determines that the R&D; is of a basic or fundamental nature.
    Similarly, under subsection 174(b) the Administrator shall 
require at least 50 percent of the costs directly and 
specifically related to any demonstration or commercial 
application project under this subtitle to be provided from 
non-Federal sources. The Administrator may reduce the non-
Federal requirement under this subsection if the Administrator 
determines that the reduction is necessary and appropriate 
considering the technological risks involved in the project and 
is necessary to meet the objectives of this subtitle.
    In calculating the amount of the non-Federal commitment 
under subsection (a) or (b), subsection 174(c) permits the 
Administrator to include personnel, services, equipment, and 
other resources.

Sec. 175. Limitations on demonstrations and commercial application of 
        energy technology

    Section 175 requires the Administrator to provide funding 
only for scientific or energy demonstration or commercial 
application programs, projects or activities for technologies 
or processes that can reasonably be expected to yield new, 
measurable benefits to the cost, efficiency, or performance of 
the technology or process.

Sec. 176. Reprogramming

    Section 176 prohibits the reprogramming of funds in excess 
of 105 percent of the amount authorized for a program, project, 
or activity, or in excess of $0.25 million above the amount 
authorized for the program, project, or activity until the 
Administrator submits a report to the appropriate congressional 
committees and a period of 30 days has elapsed after the date 
on which the report is received. Such reprogramming of funds is 
limited to no more than the total amount authorized to be 
appropriated by this subtitle and such funds may not be 
reprogrammed or used for a program, project, or activity for 
which Congress has not authorized appropriation.

Sec. 177. Budget request format

    Section 177 requires the Administrator to provide to the 
appropriate congressional committees, to be transmitted at the 
same time as the EPA'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 two 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 under (2).

Sec. 178. Other provisions

    Subsection 178(a) requires the Administrator to provide 
simultaneously to the Committee on Science: (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 EPA, provided to any committee 
of Congress.
    Subsection 178(b) requires the Administrator to 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.

          Subtitle H--National Building Performance Initiative

    Not later than three months after the date of the enactment 
of this Act, subsection 181(a) requires the Director of the 
OSTP to establish an Interagency Group responsible for the 
development and implementation of a National Building 
Performance Initiative to address energy conservation and R&D; 
and related issues. The NIST shall provide necessary 
administrative support for the Interagency Group.
    Under subsection 181(b), not later than nine months after 
the date of the enactment of this Act, the Interagency Group 
shall transmit to the Congress a multiyear implementation plan 
describing the Federal role in reducing the costs, including 
energy costs, of using, owning, and operating commercial, 
institutional, residential, and industrial buildings by 30 
percent by 2020. The plan shall include: (1) R&D; of systems and 
materials for new construction and retrofit, on the building 
envelope and components; and (2) the collection and 
dissemination, in a usable form, of research results and other 
pertinent information to the design and construction industry, 
government officials, and the general public.
    Subsection 181(c) requires the establishment of a National 
Building Performance Advisory Committee to advise on creation 
of the plan, review progress made under the plan, advise on any 
improvements that should be made to the plan, and report to the 
Congress on actions that have been taken to advance the 
Nation's capability in furtherance of the plan. The members 
shall include representatives of a broad cross-section of 
interests such as the research, technology transfer, 
architectural, engineering, and financial communities; 
materials and systems suppliers; State, county, and local 
governments; the residential, multi-family, and commercial 
sectors of the construction industry; and the insurance 
industry.
    Subsection 181(d) requires the Interagency Group, within 90 
days after the end of each fiscal year, to transmit a report to 
the Congress describing progress achieved during the preceding 
fiscal year by government at all levels and by the private 
sector, toward implementing the plan developed under subsection 
(b), and including any amendments to the plan.

                       Title II--Renewable Energy


                          Subtitle A--Hydrogen

Sec. 201. Short title

    Section 201 cites the subtitle as the ``Robert S. Walker 
and George E. Brown, Jr. Hydrogen Energy Act of 2001.''

Sec. 202. Purposes

    Section 202 amends section 102(b) the Spark M. Matsunaga 
Hydrogen R&D; Act of 1990 (1990 Act) to include R&D; activities 
leading to the use of hydrogen for commercial applications, 
information dissemination and education, and development of a 
hydrogen production methodology that minimizes adverse 
environmental impacts, including efficient and cost-effective 
production from renewable and nonrenewable resources.

Sec. 203. Definitions

    Section 203 amends section 102(c) of the 1990 Act to 
include the definition of ``advisory committee.''

Sec 204. Reports to Congress

    Section 204 amends section 103 of the 1990 Act by requiring 
the Secretary to submit to Congress a detailed report on the 
status and progress of the programs and activities authorized 
under the Act within one year of its enactment, and biennially 
thereafter.

Sec. 205. Hydrogen research and development

    Section 205 amends section 104 of the 1990 Act by 
streamlining the text. Also, for the R&D; programs carried out 
under this section, the Secretary shall require a commitment 
from non-Federal sources of at least 20 percent of the cost of 
the project. The Secretary may reduce or eliminate the non-
Federal requirement under this subsection if the Secretary 
determines that the R&D; is of a basic or fundamental nature.

Sec. 206. Demonstrations

    Section 206 amends section 105 of the 1990 Act by 
eliminating the requirement that demonstration of critical 
technologies and small-scale demonstrations be conducted in or 
at ``self-contained locations.'' In addition, the small-scale 
demonstrations are to include a fuel cell bus demonstration 
program to address hydrogen production, storage, and use in 
transit bus applications.

Sec. 207. Technology transfer

    Section 207 amends section 106 of the 1990 Act by requiring 
the Secretary to conduct a hydrogen technology transfer 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 hydrogen technologies and foster global 
economic development without harmful environmental effects.

Sec. 208. Coordination and consultation

    Section 208 amends section 107 of the 1990 Act by requiring 
the Secretary to establish a central point for coordination of 
all DOE hydrogen RD&D; activities. It also requires the 
Secretary to consult with other Federal agencies, as 
appropriate, and the advisory committee established under 
section 209.

Sec. 209. Advisory committee

    Section 209 amends section 108 of the 1990 Act by requiring 
the Secretary to enter into arrangements with the National 
Academies of Sciences and Engineering to establish an advisory 
committee to replace the current Hydrogen Technical Advisory 
Panel.

Sec. 210. Authorization of appropriations

    Subsections 210 amends section 109 of the 1990 Act to 
provide authorization of appropriations for the five-year 
period, FY 2002 through FY 2006.
    Subsection 210(a) authorizes $40.0 million for FY 2002, 
$45.0 million for FY 2003, $50.0 million for FY 2004, $55.0 
million for FY 2005, and $60.0 million for FY 2006 for hydrogen 
R&D; activities and the advisory committee.
    Subsection 210(b) authorizes $20.0 million for FY 2002, 
$25.0 million for FY 2003, $30.0 million for FY 2004, $35.0 
million for FY 2005, and $40.0 million for FY 2006 for hydrogen 
demonstration activities.

Sec. 211. Repeal

    Section 211 amends the Hydrogen Future Act of 1996 to 
repeal title II containing the program relating to the 
integration of fuel cells with hydrogen production systems.

                         subtitle b--bioenergy

Sec. 221. Short title

    Section 221 cites the subtitle as the ``Bioenergy Act of 
2001.''

Sec. 222. Findings

    Section 222 lists five findings.

Sec. 223. Definitions

    Section 223 defines the terms ``bioenergy,'' ``biofuels,'' 
``biopower,'' and ``integrated bioenergy research and 
development.''

Sec. 224. Authorizations

    Section 224 authorizes the Secretary to conduct bioenergy-
related RD&D; and commercial application programs, projects, and 
activities, including: (1) biopower energy systems, (2) 
biofuels energy systems, and (3) integrated bioenergy R&D.;

Sec. 225. Authorization of appropriations

    As shown in the following table, subsections 225(a), 
225(b), and 225(c) authorizes a total of $912.2 million for 
Biopower Energy Systems, Biofuels Energy Systems, and 
Integrated Bioenergy R&D; for the five-year period, FY 2002 
through FY 2006.

                              BIOENERGY ACT OF 2001 AUTHORIZATIONS: FY 2002-FY 2006
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                       Total (FY
             Program (Subsection)                FY 2002    FY 2003    FY 2004    FY 2005    FY 2006    2002-FY
                                                                                                         2006)
----------------------------------------------------------------------------------------------------------------
Biopower (225(a)).............................     45,700     52,500     60,300     69,300     79,600    307,400
Biofuels (225(b)).............................     53,500     61,400     70,600     81,100     93,200    359,800
Integrated Bioenergy R&D; (225(c)).............     49,000     49,000     49,000     49,000     49,000    245,000
                                               -----------------------------------------------------------------
      Total...................................    148,200    162,900    179,900    199,400    221,800    912,200
----------------------------------------------------------------------------------------------------------------

    Also, Integrated Bioenergy R&D; activities funded under 
subsection 225(c) are to be coordinated with ongoing related 
programs of other Federal agencies, including the NSF Plant 
Genome Program.
    Subsection 225(d) authorizes amounts under this subtitle to 
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

Sec. 241. Transmission infrastructure systems RD&D; and commercial 
        application

    Subsection 241(a) requires the Secretary to develop and 
implement a comprehensive RD&D; and commercial application 
program to ensure the reliability, efficiency, and 
environmental integrity of electrical transmission systems. 
Such program shall include advanced energy technologies and 
systems, high capacity superconducting transmission lines and 
generators, advanced grid reliability and efficiency 
technologies development, technologies contributing to 
significant load reductions, advanced metering, load management 
and control technologies, and technology transfer and 
education.
    In carrying out this subtitle, subsection 241(b) allows the 
Secretary to include RD&D; on and commercial application of 
improved transmission technologies including the integration of 
the following technologies into improved transmission systems: 
(1) high temperature superconductivity; (2) advanced 
transmission materials; (3) self-adjusting equipment, 
processes, or software for survivability, security, and failure 
containment; (4) enhancements of energy transfer over existing 
lines; and (5) any other infrastructure technologies, as 
appropriate.

Sec. 242. Program plan

    Section 242 requires the Secretary, within four months 
after the date of the enactment of this Act and in consultation 
with other appropriate Federal agencies, to prepare and 
transmit to Congress a five-year program plan to guide 
activities under this subtitle. In preparing the program plan, 
the Secretary shall consult with appropriate representatives of 
the transmission infrastructure systems industry to select and 
prioritize appropriate program areas. The Secretary shall 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.

Sec. 243. Report

    Under section 243, two years after the date of the 
enactment of this Act, and at two year intervals thereafter, 
the Secretary, in consultation 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 transmission 
infrastructure technologies.

              Subtitle D--Authorization of Appropriations

Sec. 261. Authorization of appropriations

    Including the amounts authorized for hydrogen R&D; under 
section 210 and for bioenergy R&D; under section 225, subsection 
261(a) authorizes $535.0 million for FY 2002, $639.0 million 
for FY 2003, and $683.0 million for FY 2004 for Renewable 
Energy operation and maintenance, including subtitle C 
(Transmission Infrastructure Systems), 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, to 
remain available until expended.
    Subsection 281(b) requires the Secretary to carry out a 
research program, in conjunction with other appropriate Federal 
agencies, on wave powered electric generation within the 
amounts authorized under subsection 281(a).
    Using funds authorized in subsection 281(a), subsection 
281(c) requires the Secretary to transmit to the Congress, 
within one year after the date of the enactment of this Act, an 
assessment of all renewable energy resources available within 
the United States. The report shall include a detailed 
inventory describing the available amount and characteristics 
of solar, wind, biomass, geothermal, hydroelectric, and other 
renewable energy sources, and an estimate of the costs needed 
to develop each resource. The report shall also include such 
other information as the Secretary believes would be useful in 
siting renewable energy generation, such as appropriate 
terrain, population and load centers, nearby infrastructure, 
and location of energy resources. The information and cost 
estimates in this report shall be updated annually and made 
available to the public, along with the data used to create the 
report. This subsection shall expire at the end of FY 2004.
    Subsection 261(d) provides that none of the funds 
authorized to be appropriated in subsection 241(a) may be used 
for: ``(1) Departmental Energy Management Program; or (2) 
Renewable Indian Energy Resources.'' These limitations are 
included to preserve the Science Committee's sole jurisdiction 
over the bill, since the jurisdiction of these programs either 
resides with the Committee on Energy and Commerce, or is shared 
with that Committee.

                       Title III--Nuclear Energy


         Subtitle A--University Nuclear Science and Engineering

Sec. 301. Short title

    Section 301 cites the subtitle as the ``Department of 
Energy University Nuclear Science and Engineering Act.''

Sec. 302. Findings

    Section 302 lists three findings.

Sec. 303. Department of Energy Program

    Subsection 303(a) directs the Secretary, through the Office 
of Nuclear Energy, Science and Technology (Office) to maintain 
the Nation's human resource investment and infrastructure 
related to civilian nuclear R&D.;
    Subsection 303(b) requires the Director of the Office to: 
(1) develop to robust graduate and undergraduate program to 
attract new students; (2) develop a Junior Faculty Research 
Initiation Grant to recruit and maintain new faculty; (3) 
maintain investment in the Nuclear Engineering Education 
Research Program; (4) encourage collaborative nuclear research 
between industry, national labs and universities through 
Nuclear Energy Research Initiative (NERI); (5) support public 
outreach regarding nuclear science and engineering; and (6) 
support communication and outreach related to nuclear science 
and engineering.
    Subsection 303(c) directs the Office to provide for: (1) 
university research reactor refueling with low enriched fuels, 
operational instrumentation upgrading, and reactor sharing 
among universities; (2) assistance in relicensing and upgrading 
university training reactors as part of a student training 
program in collaboration with the U.S. nuclear industry; and 
(3) awards for reactor improvements for research, training and 
education.
    Subsection 303(d) directs the Secretary to develop as 
program in the Office for: nuclear science and technology 
sabbatical fellowships for university professors at the 
Department labs and for student fellowships at Department labs; 
and a visiting scientist program for Department lab staff to 
visit universities' nuclear science programs to work with 
faculty and staff.
    Subsection 303(e) requires the host institution to provide 
at least 50 percent of the cost of a university research 
reactor's operation when funds authorized under this subtitle 
are used to supplement operation of such research reactor.
    Subsection 303(f) requires that all grants, contracts, 
cooperative agreements or other financial assistance awards 
under this Act be made based on independent merit review.
    Subsection 303(g) requires the Secretary to prepare a 
report within six months of enactment of this Act, laying out a 
five-year plan on the programs authorized in this section. This 
report is to be delivered to the appropriate congressional 
committees.

Sec. 304. Authorization of appropriations

    Subsection 304(a) authorizes total appropriation of funds 
to carry out the purposes of this subtitle and for all funds to 
remain available until expended: $30.2 million for FY 2002; 
$41.0 million for FY 2003; $47.9 million for FY 2004; $55.6 
million for FY 2005; and $64.1 million for FY 2006.
    For the Graduate and Undergraduate Fellowships to carry out 
subsection 303(b)(1) from the funds authorized in subsection 
304(a), subsection 304(b) authorizes $3.0 million for FY 2002, 
$3.1 million for FY 2003, $3.2 million for FY 2004, $3.2 
million for FY 2005, and $3.2 million for FY 2006.
    For the Junior Faculty Research Initiation Grant Program to 
carry out subsection 303(b)(2) from the funds authorized in 
subsection 304(a), subsection 304(c) authorizes $5.0 million 
for FY 2002, $7.0 million for FY 2003, $8.0 million for FY 
2004, $9.0 million for FY 2005, and $10.0 million for FY 2006.
    For the Nuclear Engineering and Education Research Program 
to carry out subsection 303(b)(3) from the funds authorized in 
subsection 304(a), subsection 304(d) authorizes $8.0 million 
for FY 2002, $12.0 million for FY 2003, $13.0 million for FY 
2004, $15.0 million for FY 2005, and $20.0 million for FY 2006.
    For Communication and Outreach Related to Nuclear Science 
and Engineering to carry out subsection 303(b)(5) from the 
funds authorized in subsection 304(a), subsection 304(e) 
authorizes $0.2 million for each of FY 2002 and FY 2003, and 
$0.3 million for each of FY 2004 through FY 2006.
    For Refueling of Research Reactors and Instrumentation 
Upgrades to carry out section 303(c)(1) from the funds 
authorized in subsection 304(a), subsection 304(f) authorizes 
$6.0 million for FY 2002, $6.5 million for FY 2003, $7.0 
million for FY 2004, $7.5 million for FY 2005, and $8.0 million 
for FY 2006.
    For Relicensing Assistance to carry out subsection 
303(c)(2) from the funds authorized in subsection 304(a), 
subsection 304(g) authorizes $1.0 million for FY 2002, $1.1 
million for FY 2003, $1.2 million for FY 2004, and $1.3 million 
for each of FY 2005 and FY 2006.
    For the Reactor Research and Training Award Program to 
carry out subsection 303(c)(3) from the funds authorized in 
subsection 304(a), subsection 304(h) authorizes $6.0 million 
for FY 2002, $10.0 million for FY 2003, $14.0 million for FY 
2004, $18.0 million for FY 2005, and $20.0 million for FY 2006.
    For University-Department Laboratory Interactions to carry 
out subsection 303(d) from the funds authorized in subsection 
304(a), subsection 304(i) authorizes $1.0 million for FY 2002, 
$1.1 million for FY 2003, $1.2 million for FY 2004, and $1.3 
million for each of FY 2005 and FY 2006.

Subtitle B--Advanced Fuel Recycling Technology Research and Development 
                                Program

Sec. 321. Program

    Subsection 321(a) requires the Secretary, through the 
Director of the Office, to conduct an advanced fuel recycling 
technology R&D; 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.
    Subsection 321(b) requires the Secretary to report on the 
activities of the advanced fuel recycling technology R&D; 
program as part of the Department's annual budget submission.
    Subsection 321(c) authorizes: (1) $10.0 million for FY 
2002, and (2) such sums as are necessary for FY 2003 and FY 
2004.

    Subtitle C--Department of Energy Authorization of Appropriations

Sec. 341. Nuclear energy research initiative

    Subsection 341(a) requires the Secretary, through the 
Office, to conduct a Nuclear Energy Research Initiative for 
grants to be competitively awarded and subject to peer review 
for research relating to nuclear energy.
    Subsection 341(b) mandates that the program 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.
    Subsection 341(c) authorizes to be appropriated to the 
Secretary to carry out this section: (1) $60.0 million for FY 
2002; and (2) such sums as are necessary for FY 2003 and FY 
2004.

Sec. 342. Nuclear Energy Plant Optimization Program

    Subsection 342(a) requires the Secretary to conduct a 
Nuclear Energy Plant Optimization R&D; program jointly with 
industry and cost-shared by industry by at least 50 percent and 
subject to annual review by the Secretary's Nuclear Energy 
Research Advisory Committee or other independent entity, as 
appropriate.
    Subsection 342(b) states the program shall be directed 
toward accomplishing the following technical objectives: (1) 
managing long-term effects of component aging; and (2) 
improving efficiency and productivity of existing nuclear power 
stations.
    Subsection 342(c) authorizes to be appropriated to the 
Secretary to carry out this section: (1) $15.0 million for FY 
2002; and (2) such sums as are necessary for FY 2003 and FY 
2004.

Sec. 343. Nuclear energy technologies

    Subsection 343(a) requires the Secretary to conduct a study 
of Generation IV nuclear energy systems, including development 
of a technology roadmap and performance of R&D; necessary to 
make an informed technical decision regarding the most 
promising candidates for commercial application.
    Under subsection 343(b), to the extent practicable, in 
conducting the study under subsection 343(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.
    In preparing the study under subsection 343(b), subsection 
343(c) requires the Secretary to consult with appropriate 
representatives of industry, institutions of higher education, 
Federal agencies, and international, professional and technical 
organizations.
    Subsection 343(d) requires that, 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 R&D; leading to 
a public/private cooperative demonstration of one or more 
Generation IV nuclear energy systems. 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 the 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 DOE land; and (H) a recommendation for appropriate 
involvement of other Federal agencies.
    Subsection 343(e) authorizes to be appropriated to the 
Secretary to carry out this section: (1) $20.0 million for FY 
2002; and (2) such sums as are necessary for FY 2003 and FY 
2004.

Sec. 344. Authorization of appropriations

    Subsection 344(a) authorizes activities under this title 
for nuclear energy operation and maintenance, including amounts 
authorized under sections 304(a) (University Nuclear Science 
and Engineering), 321(c) (Advanced Fuel Recycling Technology 
R&D; Program), 341(c) (Nuclear Energy Research Initiative), 
342(c) (Nuclear Energy Plant Optimization Program), and 343(e) 
(Nuclear Energy Technologies), and including Advanced 
Radioisotope Power Systems, Test Reactor Landlord, and Program 
Direction, $191.2 million for FY 2002, $199.0 million for FY 
2003, and $207.0 million for FY 2004, to remain available until 
expended.
    Subsection 344(b) authorizes:
          (1) $0.95 million for FY 2002, $2.2 million for FY 
        2003, $1,246 million for FY 2004, and $1.699 million 
        for FY 2005 for completion of construction of Project 
        99-E-200, Test Reactor Area (TRA) Electric Utility 
        Upgrade, Idaho National Engineering and Environmental 
        Laboratory (INEEL); and
          (2) $0.5 million for each of FY 2002 through FY 2005 
        for completion of construction of Project 95-E-201, TRA 
        Fire and Life Safety Improvements, INEEL.
    Subsection 344(c) provides that none of the funds 
authorized to be appropriated in subsection 481(a) may be used 
for: ``(1) Nuclear Energy Isotope Support and Production; (2) 
Argonne National Laboratory-West Operations; (3) Fast Flux Test 
Facility; or (4) Nuclear Facilities Management.'' These 
limitations are included to preserve the Science Committee's 
sole jurisdiction over the bill since the jurisdiction of 
programs under this subsection either resides with the 
Committee on Energy and Commerce or is shared with that 
Committee.

                        Title IV--Fossil Energy


                         Subtitle A--Clean Coal

Sec. 401. Short title

    Section 401 cites the subtitle as the ``National 
Electricity and Environmental Technology Research and 
Development Act.''

Sec. 402. Findings

    Section 402 lists six findings.

Sec. 403. Definition

    Section 403 defines the term ``cost and performance-based 
goals'' to mean the cost and performance-based goals 
established under section 4.

Sec. 404. Clean coal power initiative

    Subsection 404(a) requires the Secretary to 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.)
    Subsection 404(b) mandates that the RD&D; and commercial 
application program described in subsection (a) be designed to 
achieve the cost and performance-based goals.

Sec. 405. Authorization of appropriations

    Except as provided in section 406, subsection 405(a) 
authorizes to be appropriated to the Secretary to carry out the 
Clean Coal Power Initiative under section 404 $200.0 million 
for each of the fiscal years 2002 through 2011, to remain 
available until expended.
    Also, except as provided in section 406, subsection 405(b) 
authorizes to be appropriated to the Secretary $172.0 million 
for FY 2002, $179.0 million for FY 2003, and $186.0 million for 
FY 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) advanced combustion systems; (4) Turbines; 
(5) Sequestration Research and Development; (6) innovative 
technologies for demonstration; (7) Transportation Fuels and 
Chemicals; (8) Solid Fuels and Feedstocks; (9) Advanced Fuels 
Research; and (10) Advanced Research.
    Notwithstanding subsections 405(a) and 405(b), subsection 
405(c) prohibits the use of funds to carry out the activities 
authorized by this subtitle after September 30, 2002, unless 
the Secretary has transmitted to the appropriate congressional 
committees the report required by this subsection and one month 
has elapsed since that transmission. With respect to the Clean 
Coal Power Initiative under subsection 405(a), the report must 
include a ten-year plan addressing five specific items: (1) a 
detailed assessment of whether the aggregate funding levels 
provided under subsection (a) are the appropriate funding 
levels for that program; (2) a detailed description of how 
proposals will be solicited and evaluated, including a list of 
all demonstration activities expected to be undertaken; (3) a 
detailed list of technical milestones for each coal and related 
technology that will be pursued; (4) recommendations for a 
mechanism for recoupment of Federal funding for successful 
commercial projects; and (5) a detailed description of how the 
program will avoid problems enumerated in General Accounting 
Office reports on the Clean Coal Technology Program, including 
problems that have resulted in unspent funds and projects that 
failed either financially or scientifically. In the case of 
other coal and related technologies programs under subsection 
405(b), the report must include a plan containing: (1) a 
detailed description of how proposals will be solicited and 
evaluated, including a list of all demonstration activities 
expected to be undertaken; and (2) a detailed list of technical 
milestones for each coal and related technology that will be 
pursued. In addition, the report must include a description of 
how the programs will be carried out under subsection 405(a) 
(the Clean Coal Power Initiative) and subsection 405(b) (other 
coal and related technologies programs) so as to complement 
each other and not duplicate activities.
    Subsection 405(d) provides that subsection 405(c) shall not 
apply to any program, project, or activity begun before 
September 30, 2001.

Sec. 406. Project criteria

    Subsection 406(a) prohibits the Secretary from providing 
funding for any RD&D;, or commercial application of coal and 
related technologies that do not advance efficiency, 
environmental performance, and cost competitiveness well beyond 
the level of technologies that are in operation or have been 
demonstrated as of the date of the enactment of this Act.
    Subsection 406(b) contains the technical criteria for the 
Clean Coal Power Initiative.
    Under subsection 406(b)(1)(A), in allocating the funds 
authorized under section 405(a), the Secretary shall ensure 
that at least 80 percent of the funds are used only for 
projects on carbon sequestration, or coal-based gasification 
technologies, including gasification combined cycle, 
gasification fuel cells, gasification coproduction and hybrid 
gasification/combustion.
    Subsection 406(b)(1)(B) requires the Secretary to set 
technical milestones specifying emissions levels that coal 
gasification projects must be designed to and reasonably 
expected to achieve. The milestones shall get more restrictive 
through the life of the program, and such milestones shall be 
designed to achieve by 2020 coal gasification projects able to: 
(1) remove 99 percent of sulfur dioxide; (2) emit no more than 
0.05 pounds (lbs) of nitrous oxides (NOX) per 
million British Thermal Unit (BTU); (3) remove 95 percent of 
mercury; and (4) achieve a thermal efficiency of 60 percent 
(higher heating value).
    For projects not described in subsection 406(b)(1)(A) or 
subsection 406(b)(1)(B), subsection 406(b)(2) requires the 
Secretary to set technical milestones specifying emissions 
levels that the projects must be designed to and reasonably 
expected to achieve. The milestones shall get more restrictive 
through the life of the program, and such milestones shall be 
designed to achieve by 2010 projects able to: (1) remove 97 
percent of sulfur dioxide; (2) emit no more than 0.08 lbs of 
NOX per million BTU; (3) remove 90 percent of 
mercury; and (4) achieve a thermal efficiency of 45 percent 
(higher heating value).
    Subsection 406(c) prohibits the Secretary from providing a 
funding award for any RD&D; or commercial application of coal 
and related technologies unless the recipient of the award has 
documented to the satisfaction of the Secretary that: (1) the 
award recipient is financially viable without the receipt of 
additional Federal funding; (2) the recipient will provide 
sufficient information to the Secretary for the Secretary to 
ensure that the award funds are spent efficiently and 
effectively; and (3) a market exists for the technology being 
demonstrated or applied, as evidenced by statements of interest 
in writing from potential purchasers of the technology.
    Subsection 406(d) limits the Federal share of the cost of a 
coal or related technology project funded by the Secretary to 
not more than 50 percent.

Sec. 407. Clean Coal Centers of Excellence

    As part of the program authorized in subsection 405(a), 
section 107 requires the Secretary to award competitive, merit-
based grants to universities for the establishment of Centers 
of Excellence for Energy Systems of the Future. Such centers 
shall be located at universities with a proven record of 
conducting research on, developing, or demonstrating clean coal 
technologies. The Secretary shall provide grants to 
universities that can show the greatest potential for 
demonstrating new clean coal technologies.

                        Subtitle B--Oil and Gas

Sec. 421. Petroleum-oil technology

    Section 421 directs the Secretary to conduct a RD&D; and 
commercial application program 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

    Section 422 directs the Secretary to conduct a program of 
RD&D; and commercial application on natural gas technologies. 
The program shall address: (1) Exploration and Production; (2) 
Infrastructure; and (3) Effective Environmental Protection.

        Subtitle C--Ultra-Deepwater and Unconventional Drilling

Sec. 441. Short title

    Section 441 cites the subtitle as the ``Natural Gas and 
Other Petroleum Research, Development, and Demonstration Act of 
2001.''

Sec. 442. Definitions

    Section 442 defines six terms, including the terms 
``deepwater'' to mean water depths greater than 200 meters but 
less than 1,500 meters, ``ultra-deepwater'' to mean water 
depths greater than 1,500 meters, and ``unconventional'' to 
mean located in heretofore inaccessible or uneconomic 
formations on land.

Sec. 443. Ultra-deepwater program

    Section 443 requires the Secretary to establish a program 
of RD&D; of ultra-deepwater natural gas and other petroleum 
exploration and production technologies, in areas currently 
available for Outer Continental Shelf leasing. The program 
shall be carried out by the Research Organization as provided 
in this subtitle.

Sec. 444. National Energy Technology Laboratory

    The National Energy Technology Laboratory (NETL) and the 
U.S. Geological Survey (USGS), when appropriate, shall carry 
out programs of long-term research into new natural gas and 
other petroleum exploration and production technologies and 
environmental mitigation technologies for production from 
unconventional and ultra-deepwater resources, including methane 
hydrates. NETL shall conduct a program of RD&D; 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. Advisory committee

    Within six months after the date of the enactment of this 
Act, subsection 445(a) requires the Secretary to establish an 
Advisory Committee consisting of seven members, each having 
extensive operational knowledge of and experience in the 
natural gas and other petroleum exploration and production 
industry who are not Federal Government employees or 
contractors. A minimum of four members shall have extensive 
knowledge of ultra-deepwater natural gas or other petroleum 
exploration and production technologies, a minimum of two 
members shall have extensive knowledge of unconventional 
natural gas or other petroleum exploration and production 
technologies, and at least one member shall have extensive 
knowledge of greenhouse gas emission reduction technologies, 
including carbon sequestration.
    Subsection 445(b) defines the function of the Advisory 
Committee to be to advise the Secretary on the selection of an 
organization to create the Research Organization and on the 
implementation of this subtitle.
    Under subsection 445(c), members of the Advisory Committee 
shall serve without compensation but shall receive travel 
expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of 
chapter 57 of title 5, United States Code.
    Subsection 445(d) provides that the costs of activities 
carried out by the Secretary and the Advisory Committee under 
this subtitle shall be paid or reimbursed from the Fund 
established in section 450.
    Under subsection 455(e), Section 14 of the Federal Advisory 
Committee Act shall not apply to the Advisory Committee.

Sec. 446. Research organization

    Subsection 446(a) requires the Secretary, within six months 
after the date of the enactment of this Act, to solicit 
proposals from eligible entities for the creation of the 
Research Organization, and within three months after such 
solicitation, to select an entity to create the Research 
Organization.
    Under subsection 446(b), entities eligible to create the 
Research Organization shall: (1) have been in existence as of 
the date of the enactment of this Act; (2) be entities exempt 
from tax under section 501(c)(3) of the Internal Revenue Code 
of 1986; and (3) be experienced in planning and managing 
programs in natural gas or other petroleum exploration and 
production RD&D.;
    Subsection 446(c) requires that a proposal from an entity 
seeking to create the Research Organization shall include a 
detailed description of the proposed membership and structure 
of the Research Organization.
    The functions of the Research Organization, as defined in 
subsection 446(c) are to: (1) award grants on a competitive 
basis to qualified research institutions, institutions of 
higher education, companies, and consortia of same for the 
purpose of conducting RD&D; of unconventional and ultra-
deepwater natural gas or other petroleum exploration and 
production technologies; and (2) review activities under those 
grants to ensure that they comply with the requirements of this 
subtitle and serve the purposes for which the grants were made.

Sec. 447. Grants

    Subsection 447(a) provides for three types of grants: (1) 
unconventional, for RD&D; of technologies aimed at 
unconventional reservoirs; (2) ultra-deepwater, for R&D; of 
technologies aimed at ultra-deepwater areas; and (3) ultra-
deepwater architecture. In the case of ultra-deepwater 
architecture, the Research Organization shall award a grant to 
one or more consortia for the purpose of developing and 
demonstrating the next generation architecture for ultra-
deepwater production of natural gas and other petroleum.
    Subsection 447(b) provides that grants under this section 
shall contain seven specific conditions:
    1. If the grant recipient consists of more than one entity, 
the recipient shall provide a signed contract agreed to by all 
participating members clearly defining all rights to 
intellectual property for existing technology and for future 
inventions conceived and developed using funds provided under 
the grant, in a manner that is consistent with applicable laws.
    2. There shall be a repayment schedule for Federal dollars 
provided for demonstration projects under the grant in the 
event of a successful commercialization of the demonstrated 
technology. Such repayment schedule shall provide that the 
payments are made to the Secretary with the express intent that 
these payments not impede the adoption of the demonstrated 
technology in the marketplace. In the event that such impedance 
occurs due to market forces or other factors, the Research 
Organization shall renegotiate the grant agreement so that the 
acceptance of the technology in the marketplace is enabled.
    3. Applications for grants for demonstration projects shall 
clearly state the intended commercial applications of the 
technology demonstrated.
    4. The total amount of funds made available under a grant 
provided under subsection (a)(3) for ultra-deepwater 
architecture shall not exceed 50 percent of the total cost of 
the activities for which the grant is provided.
    5. The total amount of funds made available under a grant 
provided either under subsection (a)(1) for unconventional 
reservoirs or under subsection (a)(2) for ultra-deepwater areas 
shall not exceed 50 percent of the total cost of the activities 
covered by the grant, except that the Research Organization may 
elect to provide grants covering a higher percentage, not to 
exceed 90 percent, of total projects costs in the case of 
grants made solely to independent producers.
    6. An appropriate amount of funds provided under a grant 
shall be used for the broad dissemination of technologies 
developed under the grant to interested institutions of higher 
education, industry, and appropriate Federal and State 
technology entities to ensure the greatest possible benefits 
for the public and use of government resources.
    7. Demonstrations of ultra-deepwater technologies for which 
funds are provided under a grant may be conducted in ultra-
deepwater or deepwater locations.
    Subsection 447(c) requires that funds available for grants 
under this subtitle be allocated as follows: (1) 15 percent 
shall be for grants under subsection 447(a)(1) for 
unconventional reservoirs; (2) 15 percent shall be for grants 
under subsection 447(a)(2) for ultra-deepwater areas; (3) 60 
percent shall be for grants under subsection 447(a)(3) for 
ultra-deepwater architecture; and (4) 10 percent be for the 
NETL and the USGS, when appropriate, for carrying out section 
444.

Sec. 448. Plan and funding

    Subsection 448(a) requires the Research Organization to 
transmit to the Secretary an annual plan proposing projects and 
funding of activities under each paragraph of section 447(a).
    Under subsection 448(b), the Secretary shall have one month 
to review the annual plan, and shall approve the plan, if it is 
consistent with this subtitle. If the Secretary approves the 
plan, the Secretary shall provide funding as proposed in the 
plan. If the Secretary does not approve the plan, subsection 
448(c) provides that the Secretary shall notify the Research 
Organization of the reasons for disapproval and shall withhold 
funding until a new plan is submitted which the Secretary 
approves. Within one month after notifying the Research 
Organization of a disapproval, the Secretary shall notify the 
appropriate congressional committees of the disapproval.

Sec. 449. Audit

    Section 449 requires the Secretary to retain an 
independent, commercial auditor to determine the extent to 
which the funds authorized by this subtitle have been expended 
in a manner consistent with the purposes of this subtitle. The 
auditor must transmit a report annually to the Secretary, who 
shall transmit the report to the appropriate congressional 
committees, along with a plan to remedy any deficiencies cited 
in the report.

Sec. 450. Fund

    Subsection 450(a) establishes a fund to be known as the 
``Ultra-Deepwater and Unconventional Gas Research Fund'' (Fund) 
in the United States Treasury (Treasury), which shall be 
available for obligation to the extent provided in advance in 
appropriations Acts for allocation under section 447(c) above.
    Subsection 450(b) specifies the Fund's three funding 
sources:
    1. Loans from the Treasury--Subsection 450(b)(1) authorizes 
to be appropriated to the Secretary $900.0 million for the 
period encompassing FY 2002 through FY 2009. Such amounts shall 
be deposited by the Secretary in the Fund, and shall be 
considered loans from the Treasury. Income received by the 
United States in connection with any ultra-deepwater oil and 
gas leases shall be deposited in the Treasury and considered as 
repayment for the loans under this paragraph.
    2. Additional Appropriations--Subsection 450(b)(2) 
authorizes to be appropriated to the Secretary such sums as may 
be necessary for FY 2002 through FY 2009, to be deposited in 
the Fund.
    3. Oil and Gas Lease Income--To the extent provided in 
advance in appropriations Acts, not more than 7.5 percent of 
the income of the United States from Federal oil and gas leases 
may be deposited in the Fund for FY 2002 through FY 2009. The 
Congressional Budget Office estimates these amounts to total 
$3.616 billion.

Sec. 451. Sunset

    Under section 451, no funds are authorized to be 
appropriated for carrying out this subtitle after FY 2009, and 
the Research Organization is terminated when it has expended 
all funds made available pursuant to this subtitle.

                         Subtitle D--Fuel Cells

Sec. 461. Fuel cells

    Section 461(a) requires the Secretary to conduct a program 
of research, development, RD&D; and commercial application on 
fuel cells. The program shall address: (1) Advanced Research; 
(2) Systems Development; (3) Vision 21-Hybrids; and (4) 
Innovative Concepts.
    In addition to the program under subsection (a), subsection 
461(b) requires the Secretary, in consultation with other 
Federal agencies, as appropriate, to establish a program for 
the demonstration of fuel cell technologies, including fuel 
cell proton exchange membrane technology, for commercial, 
residential, and transportation applications. The program shall 
specifically focus on promoting the application of improved 
manufacturing production and processes for fuel cell 
technologies.
    Under subsection 461(c), within the amounts authorized to 
be appropriated under subsection 481(a), there are authorized 
to be appropriated to the Secretary for the purpose of carrying 
out subsection (b) $28.0 million for each of FY 2002, 2003, and 
2004.

            Subtitle E--DOE Authorization of Appropriations

Sec. 481. Authorization of appropriations

    Subsection 481(a) authorizes appropriations for subtitle B 
(Oil and Gas) and subtitle D (Fuel Cells), 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 $282.0 
million for FY 2002, $293.0 million for FY 2003, and $305.0 
million for FY 2004.
    Subsection 481(b) provides that none of the funds 
authorized to be appropriated in subsection 481(a) may be used 
for: ``(1) Gas Hydrates; (2) Fossil Energy Environmental 
Restoration; or (3) RD&D; and commercial application on coal and 
related technologies, including activities under subtitle A. 
The first limitation is imposed because the Methane Hydrate Act 
of 2000 has been recently enacted and has its own separate 
authorization. The second limitation is included to preserve 
the Science Committee's sole jurisdiction over the bill, since 
the jurisdiction of Fossil Energy Environmental Restoration is 
shared with the Committee on Energy and Commerce. The third 
limitation is imposed to limit the amount of coal funding to 
that contained in subtitle A.

                            Title V--Science


                   Subtitle A--Fusion Energy Sciences

Sec. 501. Short title

    Section 501 cites the subtitle as the ``Fusion Energy 
Sciences Act of 2001.''

Sec. 502. Findings

    Section 502 lists nine findings.

Sec. 503. Plan for fusion experiment

    Subsection 503(a) requires the Secretary, in full 
consultation with the Fusion Energy Sciences Advisory Committee 
and the Secretary of Energy Advisory Board as appropriate, to 
develop a plan for construction in the United States of a 
magnetic fusion burning plasma experiment for the purpose of 
accelerating scientific understanding of fusion plasmas. The 
Secretary shall request a review of the plan by the National 
Academy of Sciences (NAS), and shall transmit the Department 
plan and the NAS review to the Congress by July 1, 2004.
    Subsection 503(b) requires the plan to: (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 identifying 
potential construction sites.
    Subsection 503(c) authorizes the Secretary, in full 
consultation with the Fusion Energy Sciences Advisory Committee 
and the Secretary of Energy Advisory Board as appropriate, to 
develop a plan for the United States participation in an 
international burning plasma experiment for the purpose of 
accelerating scientific understanding of fusion plasmas, whose 
construction is found by the Secretary to be highly likely and 
where the United States participation is cost effective 
relative to the cost and scientific benefits of a domestic 
experiment described in subsection 503(a). If the Secretary 
elects to develop a plan under this subsection, the Secretary 
shall include the information described in subsection 503(b), 
and an estimate of the cost of United States participation in 
such an international experiment. The Secretary shall request a 
review by the NAS of any such plan, shall transmit the plan and 
the review to the Congress by July 1, 2004.
    Subsection 503(d) authorizes the Secretary, through the 
Department's Fusion Energy Sciences Program, to conduct any 
RD&D; necessary to fully develop the plans described in this 
section.

Sec. 504. Plan for Fusion Energy Sciences Program

    Section 504 requires that within six months after the 
enactment of this Act, the Secretary, in full consultation with 
the Fusion Energy Sciences Advisory Committee, to 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 burning plasma experiment described in 
section 503. Such plan shall ensure: (1) that existing fusion 
research facilities and equipment are more fully utilized with 
appropriate measurements and control tools; (2) a strengthened 
fusion science theory and computational base; (3) that the 
selection of and funding for new magnetic and inertial fusion 
research facilities is based on scientific innovation and cost 
effectiveness; (4) improvement in the communication of 
scientific results and methods between the fusion science 
community and the wider scientific community; (5) that adequate 
support is provided to optimize the design of the magnetic 
fusion burning plasma experiment referred to in section 503; 
(6) that inertial confinement fusion facilities are utilized to 
the extent practicable for the purpose of inertial fusion 
energy R&D; (7) the development of 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) the establishment of several new centers of 
excellence, selected through a competitive peer-review process 
and devoted to exploring the frontiers of fusion science; (9) 
that the NSF, and other agencies, as appropriate, play a role 
in extending the reach of fusion science and in sponsoring 
general plasma science; and (10) 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

    Section 505 authorizes--for ongoing activities in 
Department's Fusion Energy Sciences Program and for the purpose 
of planning activities under section 503, but not for 
implementation of such plans--$320.0 million for FY 2002 and 
$335.0 million for FY 2003 of which up to $15 million for each 
of FY 2002 and FY 2003 may be used to establish several new 
centers of excellence under section 504(8).

                 Subtitle B--Spallation Neutron Source

Sec. 521. Definition

    Section 521 defines the term ``Spallation Neutron Source'' 
to mean Department Project 99-E-334, Oak Ridge National 
Laboratory, Oak Ridge, Tennessee.

Sec. 522. Authorization of appropriations

    Subsection 522(a) authorizes to be appropriated to the 
Secretary for construction of the Spallation Neutron Source 
(SNS): (1) $276.3 million for FY 2002, (2) $210.471 million for 
FY 2003, (3) $124.6 million for FY 2004, (4) $79.8 million for 
FY 2005, and (5) $41.1 million for FY 2006 for completion of 
construction.
    Subsection 522(b) authorizes appropriation for other SNS 
project costs (including R&D; necessary to complete the project, 
preoperations costs, and capital equipment not related to 
construction) $15.353 million for FY 2002 and $103.279 million 
for FY 2003 through 2006, to remain available until expended 
through September 30, 2006.

Sec. 523. Report

    Section 523 requires the Secretary to report on the SNS as 
part of 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

    Section 524 limits the total amount obligated for the SNS 
by the Department, including prior year appropriations, to not 
more than: (1) $1,192.7 million for costs of construction; (2) 
$219.0 million for other project costs; and (3) $1,411.7 
million for total project cost.

      Subtitle C--Facilities, Infrastructure, and User Facilities

Sec. 541. Definitions

    Subsection 541(1) defines the term ``nonmilitary energy 
laboratory'' to mean: (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.
    Subsection 541(2) defines the term ``user facility'' to 
mean: (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

    Subsection 542(a) requires the Secretary to 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.
    Subsection 542(b) requires the Secretary to prepare a 
comprehensive ten-year plan for conducting future facility 
maintenance, making repairs, modifications, and new additions, 
and constructing new facilities at each nonmilitary energy 
laboratory. Such plan is to 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; and (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.
    Subsection 542(c) requires the Secretary to prepare and 
transmit to the appropriate congressional committees a report 
containing the plan prepared under subsection 542(b) within one 
year after the date of the enactment of this Act. For each 
nonmilitary energy laboratory, the report is to contain: (1) 
the current priority list of proposed facilities and 
infrastructure projects, including cost and schedule 
requirements; (2) 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; (3) the total current budget for all 
facilities and infrastructure funding; and (4) the current 
status of each facilities and infrastructure project compared 
to the original baseline cost, schedule, and scope.
    The report shall also: (1) 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 for 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; (2) address the coordination of modernization 
and consolidation of facilities among the nonmilitary energy 
laboratories in order to meet changing mission requirements; 
and (3) provide for annual reports to the appropriate 
congressional committees on accomplishments, conformance to 
schedules, commitments, and expenditures.

Sec. 543. User facilities

    Under subsection 543(a), 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.
    Subsection 543(b) requires the Department to employ full 
and open competition in selecting participants when the 
Department considers the participation of a university or other 
potential user in the establishment or operation of a user 
facility.
    Section 543(c) prohibits the Department from redesignating 
a user facility, as defined by section 541(b) as something 
other than a user facility to avoid the requirements of 
subsections (a) and (b).

            Subtitle D--Advisory Panel on Office of Science

Sec. 561. Establishment

    Section 561 requires the Director of the Office of Science 
and Technology Policy, in consultation with the Secretary, to 
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 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

    Under section 562, within six months 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 
nine months after the date of the enactment of this Act.

    Subtitle E--Department of Energy Authorization of Appropriations

Sec. 581. Authorization of appropriations

    Including the amounts authorized to be appropriated for FY 
2002 under section 505 for Fusion Energy Sciences and under 
subsection 522(b) for the SNS, subsection 581(a) authorizes to 
be appropriated to the Secretary for the Office of Science 
(also including subtitle C--Facilities, Infrastructure, and 
User Facilities, High Energy Physics, Nuclear Physics, 
Biological and Environmental Research, Basic Energy Sciences 
(except for the SNS authorization under subsection 522(b)), 
Advanced Scientific Computing Research, Energy Research 
Analysis, Multiprogram Energy Laboratories-Facilities Support, 
Facilities and Infrastructure, Safeguards and Security, and 
Program Direction) operation and maintenance $3,399.558 million 
for FY 2002, to remain available until expended.
    Subsection 581(b) provides that within the amounts 
authorized under subsection (a), $5.0 million for FY 2002 may 
be used to carry out research in the use of precious metals 
(excluding platinum, palladium, and rhodium) in catalysis, 
either directly though national laboratories, or through the 
award of grants, cooperative agreements, or contracts with 
public or nonprofit entities.
    Subsection 581(c) provides that in addition to the amounts 
authorized under subsection 522(a) for SNS construction, 
subsection 581(b) authorizes:
          (1) $11.4 million for FY 2002 for completion of 
        construction of Project 98-G-304, Neutrinos at the Main 
        Injector, Fermi National Accelerator Laboratory;
          (2) $11.405 million for FY 2002 for completion of 
        construction of Project 01-E-300, Laboratory for 
        Comparative and Functional Genomics, Oak Ridge National 
        Laboratory;
          (3) $4.0 million for FY 2002, $8.0 million for FY 
        2003, and $2.0 million for FY 2004 for completion of 
        construction of Project 02-SC-002, Project Engineering 
        Design (PED), Various Locations;
          (4) $3.183 million for FY 2002 for completion of 
        construction of Project 02-SC-002, Multiprogram Energy 
        Laboratories Infrastructure Project Engineering Design 
        (PED), Various Locations; and
          (5) $18.633 million for FY 2002 and $13.029 million 
        for FY 2003 for completion of construction of Project 
        MEL-001, Multiprogram Energy Laboratories, 
        Infrastructure, Various Locations.
    Subsection 581(d) provides that none of the funds 
authorized to be appropriated in subsection 581(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 2000 (50 U.S.C. 
2471(2)). This limitation is included to preserve the Science 
Committee's sole jurisdiction over the bill, since the 
jurisdiction of these laboratories and facilities reside with 
the Committee on Armed Services.

                        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

    Subsection 601(a) requires that RD&D; and commercial 
application programs, projects, and activities authorized under 
this Act 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, only to the extent the Secretary is authorized to 
carry out such activities under each Act and except as 
otherwise provided in this Act.
    Subsection 601(b) authorizes the Secretary to use grants, 
joint ventures, and any other form of agreement available to 
the Secretary to the extent authorized under applicable 
provisions of law, contracts, cooperative agreements, 
cooperative R&D; agreements under the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), 
except as otherwise provided in this Act, to carry out RD&D; and 
commercial application programs, projects, and activities.
    Subsection 601(c) defines the term ``joint venture'' for 
the purpose of this section to have 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 
applies to RD&D; and commercial application of energy technology 
joint ventures.
    Subsection 601(d) requires that 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, 
willapply to RD&D; and commercial application of energy technology 
programs, projects, and activities under this Act.
    Under subsection 601(e), an invention conceived and 
developed by any person using funds provided through a grant 
under this Act shall be considered a subject invention for the 
purposes of chapter 18 of title 35, United States Code 
(commonly referred to as the Bayh-Dole Act).
    Subsection 601(f) requires the Secretary to ensure that 
each program authorized by this Act includes an outreach 
component to provide information, as appropriate, to 
manufacturers, consumers, engineers, architects, builders, 
energy service companies, universities, facility planners and 
managers, State and local governments, and other entities.
    Subsection 601(g) requires the Secretary to provide 
guidelines and procedures for the transition of energy 
technologies from research through development and 
demonstration to commercial application of energy technology 
where appropriate. Nothing in this section precludes the 
Secretary from: (1) entering into a contract, cooperative 
agreement, cooperative R&D; 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 RD&D; and 
commercial application of energy technology; or (2) extending a 
contract, cooperative agreement, cooperative R&D; 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 RD&D; to cover commercial 
application of energy technology.
    Subsection 601(h) states that this section shall not apply 
to any contract, cooperative agreement, cooperative R&D; 
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

    Subsection 602(a) prohibits the use of funds authorized by 
this Act 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. 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.
    Subsection 602(b) prohibits the Secretary from using funds 
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.
    Subsection 602(c) prohibits the Secretary from using funds 
to prepare or initiate Requests for Proposals for a program if 
Congress has not authorized the program.

Sec. 603. Cost sharing

    Except as otherwise provided in this subtitle, subsection 
603(a) mandates that for R&D; programs carried out under this 
subtitle, the Secretary shall require a commitment from non-
Federal sources of at least 20 percent of the cost of the 
project. The Secretary may reduce or eliminate the non-Federal 
requirement under this subsection if the Secretary determines 
that the R&D; is of a basic or fundamental nature.
    Similarly, under subsection 603(b) the Secretary shall 
require at least 50 percent of the costs directly and 
specifically related to any demonstration or commercial 
application project under this subtitle to be provided from 
non-Federal sources. The Secretary may reduce the non-Federal 
requirement under this subsection if the Secretary determines 
that the reduction is necessary and appropriate considering the 
technological risks involved in the project and is necessary to 
meet the objectives of this subtitle.
    In calculating the amount of the non-Federal commitment 
under subsection (a) or (b), the Secretary may include 
personnel, services, equipment, and other resources.

Sec. 604. Limitations on demonstrations and commercial application of 
        energy technology

    Section 604 requires the Secretary to provide funding only 
for scientific or energy demonstration and commercial 
application of energy technology programs, projects or 
activities for technologies or processes that can reasonably be 
expected to yield new, measurable benefits to the cost, 
efficiency, or performance of the technology or process.

Sec. 605. Reprogramming

    Section 605 prohibits the reprogramming of funds in excess 
of 105 percent of the amount authorized for a program, project, 
or activity, or in excess of $0.25 million above the amount 
authorized for the program, project, or activity until the 
Secretary submits a report to the appropriate congressional 
committees and a period of 30 days has elapsed after the date 
on which the report is received. The report shall be a full and 
complete statement of the proposed reprogramming and the facts 
and circumstances in support of the proposed reprogramming. 
This section prohibits the Secretary from obligating funds in 
excess of the total amount authorized to be appropriated to the 
Secretary by this Act and prohibits the Secretary from using 
funds for any use for which Congress has declined to authorize 
funds.

               Subtitle B--Other Miscellaneous Provisions

Sec. 611. Notice of reorganization

    Section 611 requires the Secretary to provide notice to the 
appropriate congressional committees not later than 15 days 
before any reorganization of 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

    Section 612 requires the Secretary to halt the construction 
of a civilian environmental research, development, or 
demonstration, or commercial application of energy technology 
``general plant project'' if the estimated cost of the project 
(including any revisions) exceeds $5.0million 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

    Section 613 prohibits construction on a civilian 
environmental R&D;, scientific or energy RD&D;, or commercial 
application of energy technology project for which funding has 
been specifically authorized by law to be initiated and 
continued if the estimated cost for the project exceeds 110 
percent of the higher of: (1) the amount authorized of the 
project; or (2) the most recent total estimated cost presented 
to Congress as budget justification for such project. To exceed 
such limits, the Secretary must report in detail to the 
appropriate congressional committees on the related 
circumstances and the report must be before the appropriate 
congressional committees for 30 legislative days (excluding any 
day on which either House of Congress is not in session because 
of an adjournment of more than three days to a day certain). 
This section shall not apply to any construction project that 
has a current estimated cost of less than $5.0 million.

Sec. 614. Authority for conceptual and construction design

    Section 614 limits the Secretary's authority to request 
construction funding in excess of $5.0 million for a civilian 
environmental R&D;, scientific or energy research, development, 
or demonstration, or commercial application of energy 
technology program, project, or activity until the Secretary 
has completed a conceptual design for that project. 
Furthermore, if the estimated cost of completing a conceptual 
design for the construction project exceeds $0.75 million, the 
Secretary must submit a request to Congress for funds for the 
conceptual design before submitting a request for the 
construction project. In addition, the subsection allows the 
Secretary to carry out construction design (including 
architectural and engineering services) in connection with any 
proposed construction project that is in support of a civilian 
environmental R&D;, 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 $0.25 
million; if the total estimated cost for construction design 
exceeds $0.25 million, funds for such design must be 
specifically authorized by law.

Sec. 615. National Energy Policy Group mandated reports

    Subsection 615(a) requires that upon completion of the 
Secretary's review of current funding and historic performances 
in the Department's energy efficiency, renewable energy, and 
alternative energy R&D; 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.
    Subsection 615(b) requires that upon completion of the 
Office of Science and Technology Policy and the President's 
Council on Advisors on Science and Technology reviewing and 
making recommendations on using the Nation's energy resources 
more efficiency, in response to the recommendations of the May 
16, 2001, Report of the National 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

    Section 616 requires the Secretary to enter into 
appropriate arrangements with the National Academies of 
Sciences and Engineering to ensure that there be periodic 
reviews and assessments of the programs authorized by this Act, 
as well as the goals for such programs as established under 
section 4. Such reviews and assessments shall be conducted at 
least every five years, and the Secretary shall transmit to the 
appropriate congressional committees reports containing the 
results of these reviews and assessments.

                         VIII. Committee Views


Sec. 4. Goals

    The cost and performance-based goals in section 4 guide and 
unify the RD&D; and commercial application programs authorized 
in this Act. The Secretary must refine and update measurable 
cost and performance-based goals in furtherance of the Act's 
purposes in section 3 on a biennial basis. As provided in 
section 616, the Secretary must enter into arrangements with 
the National Academies of Sciences and Engineering for periodic 
reviews and assessments of the programs in the Act and the 
goals established under section 4.

           Title I--Energy Conservation and Energy Efficiency


                 subtitle a--alternative fuel vehicles

    In selecting applicants and project sites, the Secretary 
should, consistent with subsection 103(d)(1), give special 
consideration to proposals that address environmental needs in 
actual and potential Clean Air Act nonattainment areas like the 
Washington, DC metropolitan region and in communities seeking 
to meet zero air emission goals, like Santa Clara County, 
California.
    The Committee considers the United States Postal Service 
(USPS) a ``partner'' or entity eligible for funding under the 
alternative fuel vehicle program. The Committee commends the 
USPS for taking a leadership role in the conversion of its 
aging fleet to more environmentally sound electric vehicles. 
Over the next five years, some 6,000 Long-Life Vehicles will 
replace an aging fleet of trucks in southern California, New 
York, and the Washington, DC metropolitan area. It is estimated 
that over three million gallons of fuel will be saved, and 
170,000 tons of carbon dioxide will be removed from the 
environment as a result of the effort. The Committee encourages 
the USPS to continue this important procurement and, in doing 
so, show leadership to other governmental entities considering 
the advancement and deployment of alternative fuel vehicles.

          subtitle b--distributed power hybrid energy systems

    The Committee notes that the National Renewable Energy 
Laboratory (NREL) currently performs certain duties of this 
subtitle, especially with regard to performing and 
integratingRD&D; activities related to distributed power hybrid systems, 
and expects NREL to continue and expand these activities.
    The Committee encourages the Secretary to solicit proposals 
from institutions of higher education for sharing costs of 
acquisitions, installation, instrumentation, data acquisition, 
and data analysis and reporting for building cooling/heating 
and power systems, district energy systems, and other 
distributed energy resources. In this regard, the Secretary 
should consider proposals emphasizing installations using 
emerging technologies, developed with the support of the 
Department, that offer energy efficiency and/or environmental 
benefits. The Committee also encourages the Department to 
require performance reports back from recipients of these 
awards detailing steps taken, efficiency gains achieved, and 
educational benefits realized. These reports would constitute 
``case studies'' demonstrating the viability of these systems. 
Should the Secretary require such reports, funding for the 
reporting should be included in the grant or contract.

Sec. 123. Strategy, Sec. 124. High Power Density Industry Program

    Subsection 123(b)(5) describes a RD&D; and commercial 
application program to be implemented as part of the 
Distributed Power Hybrid Systems Strategy. Subsection 124(b) 
identifies areas that should be considered in carrying out the 
program to improve energy efficiency, reliability, and 
environmental responsibility in high power density industries. 
Existing programs are already researching real-time performance 
monitoring, conserving and optimizing energy systems, 
simulation and analysis of power systems, and utilization of 
power generation byproducts in an environmentally friendly 
manner. This work can become a base for implementing the 
Distributed Power Hybrid Systems Strategy and the High Power 
Density Industry Program. The Secretary should rely on research 
and technology development work already begun at State Centers 
of Excellence such as the Center for Electric Power at 
Tennessee Technological University to accelerate implementation 
of sections 123 and 124.

Sec. 125. Micro-cogeneration energy technology

    Section 125 is intended to help realize the potential of 
cogeneration technology as a clean source of energy for a 
variety of applications. Many believe the space heating 
industry is often overlooked in the development of such 
distributed cogeneration systems. The Committee believes that, 
with further research and development, cogeneration of electric 
power as a byproduct of building heating system operation could 
provide significant environmental benefits at low cost and high 
reliability and that the heating appliance industry is uniquely 
positioned to provide reliable electricity using 
environmentally friendly cogeneration power with practical 
technology.

                     Subtitle D--Green School Buses

    The Committee directs the Secretary to ensure that grants 
under this subtitle will demonstrate the use of alternative 
fuel school buses and, as a result, lead to the replacement of 
pre-1977 (model year) diesel and gas buses and pre-1991 (model 
year) diesel buses and, in limited situations (such as in low 
income areas), the expansion of existing fleets using 
conventional fuel buses with new, alternative fuel buses. In 
providing grants under this subtitle, the Secretary shall 
ensure that recipients of assistance certify that replaced 
buses are crushed or otherwise appropriately disposed of in 
accordance with law.

Coordination of alternative fuel bus programs

    H.R. 2460 contains various authorities relating to 
alternative fuel buses, such as subtitle A (Alternative Fuel 
Vehicles), Subtitle D (Green School Buses), section 206(2) 
(fuel cell bus demonstrations under the Spark M. Matsunaga 
Hydrogen RD&D; Act of 1990), and relating to transportation 
applications for fuel cells (subsection 461(b)). The Committee 
intends that the Secretary will coordinate implementation of 
the various provisions to maximize their integration and 
effectiveness.

            Subtitle F--DOE Authorization of Appropriations

    The Committee directs the Department to continue RD&D; on 
Smart Window technologies including electro-chromics and other 
advanced technologies in energy-efficient windows, doors, and 
skylights.
    The Committee is aware of the potential of optical/
graphical programming for driving, controlling, and improving 
virtually all types of electric motors. Successful development 
of a simple, low cost, and generic solution for the intelligent 
control of electric motors could significantly improve the 
energy efficiency of electric motors. Such technology could 
have tremendous impact on the heating, ventilation, and air 
conditioning industry, among others. In FY 2001, the DOE, 
through the Office of Industrial Technologies, invested in 
several promising energy efficient technologies, including the 
development of an optical programming system for intelligent 
control of electric air conditioning motors. The Committee 
strongly encourages the Department to further increase its 
investment in optical/graphical programming technologies.
    The Committee is aware of various engine technologies, 
including an axial piston OX2 engine, which have numerous 
potential advantages over the design of conventional internal 
combustion engines. The Secretary should, where appropriate, 
support efforts by universities and the private sector to 
continue, and expand, development and testing of technologies 
that provide environmental advantages over current conventional 
engines, such as improved power-to-weight rations, improved 
fuel efficiencies, and reduced air emissions.

     Subtitle G--EPA Office of Air and Radiation Authorization of 
                             Appropriations

Sec. 175. Limitation on demonstration and commercial applications of 
        energy technology

    The phrase ``measurable benefits to the cost, efficiency, 
or performance of the technology or process'' in section 175 
includes environmental considerations. The Committee does not 
intend for this provision to curtail the demonstration or 
commercial application of energy technologies that are 
efficient, effective, and environmentally beneficial. The 
Committee believes this interpretation regarding EPA 
technologies should also apply to section 604, relating to DOE 
technologies.

                       Title II--Renewable Energy


                          Subtitle A--Hydrogen

    Section 206 amends the Spark M. Matsunaga Hydrogen RD&D; Act 
of 1990 to establish a fuel cell bus demonstration program to 
address hydrogen production, storage, and use in transit bus 
applications. The Committee recognizes that fuel cell 
technology could significantly contribute to improving the cost 
effectiveness and environmental impact of mass transit options, 
particularly in municipal buses and in shuttle buses such as 
those operating at large airports. However, more research needs 
to be done to address a number of issues related to this 
technology. This demonstration program should specifically 
address all aspects of the introduction of this new technology, 
including the following components:
          (1) Development, installation, and operation of a 
        hydrogen delivery system located on-site at transit bus 
        terminals.
          (2) Development, installation, and operation of on-
        site storage associated with the hydrogen delivery 
        systems as well as storage tank systems incorporated 
        into the bus itself.
          (3) Demonstration of use of hydrogen as a practical, 
        safe, renewable energy source in a highly efficient, 
        zero-emission power system for buses.
          (4) Development of a hydrogen proton exchange 
        membrane fuel cell power system that is confirmed and 
        verified as being compatible with transit bus 
        application requirements.
          (5) Durability testing of the fuel cell bus.
          (6) Identification and implementation of necessary 
        codes and standards for the safe use of hydrogen as a 
        fuel suitable for bus application, including the fuel 
        cell power system and related operational facilities.
          (7) Identification and implementation of maintenance 
        and overhaul requirements for hydrogen proton exchange 
        membrane fuel cell transit buses.
          (8) Completion of fleet vehicle evaluation program by 
        bus operators along normal transit routes, providing 
        equipment manufacturers and transit operators with the 
        necessary analyses to enable operation of the hydrogen 
        proton exchange membrane fuel cell bus under a range of 
        operating environments.
    The Committee is aware that the Department of 
Transportation is currently developing and funding a number of 
Bus Rapid Transit (BRT) demonstration programs around the 
country. The Committee believes that the BRT program is 
structured in a way that would facilitate the execution of this 
fuel cell bus demonstration program, as well as reducing 
redundancy in interagency research, and recommends the 
Secretary consider integrating this fuel cell demonstration 
with existing BRT initiatives where there is local support to 
do so.

                         Subtitle B--Bioenergy

Sec. 225. Authorization of appropriations

    Subsection 225(b) authorizes funds for biofuels energy 
systems. The Committee is aware of a proposal to establish a 
biofuels processing facility in New York to convert cellulose 
materials into levulinic acid for multiple applications. As 
part of the proposal, the State University of New York College 
of Environmental Science and Forestry would also develop a 
Bioenergy and Bioproducts Technology Center, focusing on 
biofuels from lignocellulosic biomaterial. The Committee 
strongly encourages the Secretary to consider providing 
substantial financial assistance for this biofuels proposal.
    Subsection 225(d) authorizes the Secretary to provide 
assistance for an integrated rice straw project in Gridley, 
California, to convert rice straw into ethanol, electric power, 
and silica, and an ethanol production facility in Maryland to 
convert barley grain into ethanol for use in motor vehicles or 
other uses.

            Subtitle D--DOE Authorization of Appropriations

Sec. 261. Authorization of appropriations

    As pointed out in a recent National Research Council 
review, geothermal energy research at the DOE may be 
undervalued in light of the significant U.S. and international 
resource base.
    DOE should consider establishing a national geothermal 
research center with the resources necessary to lead an 
expanded multi-laboratory geothermal research effort in the 
years ahead. DOE should also continue to build upon its past 
efforts to involve industry, university researchers and the 
national laboratories in strategic planning for the geothermal 
energy program as it moves this program forward.
    The Committee is aware of the promise of emerging 
geothermal energy systems. Within the Department's budget for 
geothermal research, the committee urges on-going support for 
university research on enhanced geothermal systems. University 
research programs, such as the Energy & Geoscience Institute 
(EGI) at the University of Utah and the ``Geothermal of the 
West'' program, offer the promise of tapping into underutilized 
geothermal resources. This program has specific relevance for 
electrical power in the West, including the Great Basin, 
Northern California Coast and Cascade Range. Continued 
investment by DOE in the research into these promising 
geothermal systems may dramatically reduce dependence on other 
energy sources and improve the sustainability of existing 
geothermal energy systems.
    The Committee is aware of the capabilities of Texas 
Southern University's (TSU) Photovoltaic Laboratory, which has 
experience in demonstrating the potential of using commercially 
available photovoltaic equipment to generate electric power for 
electrically isolated applications in the small commercial 
sector. The Committee urges the Department to consider using 
the capabilities of the TSU laboratory in testing and 
demonstrating components in the RD&D; phase as well as those 
already commercialized.
    Subsection 261(b) directs the Secretary to carry out a 
research program, in conjunction with ``other appropriate 
Federal agencies'' on wave powered electric generation. The 
Committee intends the term ``other appropriate Federal 
agencies'' to mean the Office of Naval Research.

                       Title III--Nuclear Energy


         Subtitle A--University Nuclear Science and Engineering

Sec. 303. Department of Energy Program

    The Committee is aware of concerns within the university 
nuclear research reactor community that DOE may be considering 
downscaling its support for numerous universityreactors. The 
Committee's authorization of Nuclear Education Programs stands as a 
strong signal of our desire to see the Department continue to maintain, 
and even expand, its support of the existing research reactor 
infrastructure. Institutions such as the University of Utah Nuclear 
Engineering Program run robust nuclear research reactor centers. 
Without their involvement, and the maintenance of their reactor 
infrastructure, necessary expertise on nuclear safety and storage would 
be lost to the Western region, at the exact time that nuclear waste 
products may arrive within the region. The Committee believes that a 
balanced approach to nuclear power must include on-going support for 
nuclear research reactors throughout the various regions of the United 
States.

                        Title IV--Fossil Energy


                         Subtitle A--Clean Coal

    Subtitle C of H.R. 2460, the National Electricity and 
Environmental Technology Research and Development Act, funds 
coal programs at the level requested by the Administration, 
most notably providing $2 billion over 10 years for the Clean 
Coal Power Initiative. Like the Administration, the Committee 
believes that coal is likely to continue to be a significant 
source of electric power in the U.S. for years to come, given 
its domestic abundance. However, if that is to be the case, 
coal must become a far more efficient and cleaner fuel. Such 
improvements will require, among other actions, government 
investment in research, development, demonstration and 
commercial application of truly advanced coal technologies. 
Neither the taxpayers nor the coal industry will be well served 
in the long run if governmental investments were made in 
technologies that do not ``push the envelope.'' Moreover, a 
concerted effort will be needed to strengthen the management of 
clean coal programs.
    With those concerns in mind, H.R. 2460 places a number of 
requirements and restrictions on coal programs, particularly on 
the Clean Coal Power Initiative.
    First, the Committee is requiring a detailed report on how 
the Initiative will be organized and implemented. The Committee 
is disturbed that at Committee hearings, the Administration 
could neither explain how the $2 billion figure was arrived at 
nor how the money would be spent. Given the priority the 
Administration has placed on the Initiative, the Committee will 
allow the Initiative to begin. However, no new projects can be 
started as of October 1, 2003, unless the Administration has 
submitted the detailed report required by this Act and it has 
been before the Congress for 30 days.
    The report must be specific in explaining how the $2 
billion figure was developed, the scope of the Initiative, how 
the Initiative will operate, what technical milestones will be 
established and how they will be achieved, and how the 
Initiative can be guided or informed by the successes and 
failures of past clean coal efforts. The report must also 
include recommendations for recoupment of federal funds for 
successful projects. Moreover, the Act requires a more limited 
review of the Department's other coal programs, which the Act 
limits to research and development activities.
    The Act also establishes strict, environmental standards 
that projects must be designed to meet and reasonably be 
expected to achieve in order to receive funding. Moreover, at 
least 80 percent of the funding must be devoted to projects 
related to gasification and/or sequestration, technologies that 
are furthest from development and promise the greatest 
environmental benefit among economically viable technologies, 
and, therefore, the ones most deserving of government support.
    The Committee intends that the Secretary set strict, 
achievable, specific environmental milestones to ensure that 
the projects comply with section 406. The environmental 
criteria in this Act, which are taken from industry's own 
technology roadmap, are not mere advisory guidelines. They are 
precise requirements that the Initiative must be designed to 
meet.
    The Committee intends that the efficiency requirements 
refer to generation efficiency and that the efficiency numbers 
apply to plants that are exclusively generating power. The 
Secretary should issue equivalent efficiency numbers for plants 
involved in the production of industrial chemicals or other 
activities.
    The Act also sets strict financial criteria for 
participants in the Initiative. These criteria are absolutely 
essential to the success of the program. The Committee intends 
that the Secretary require specific, written documentation and 
audits from the participants to meet the requirements of 
subsection 406(c). For example, a market should exist for the 
technology being demonstrated or applied, as evidenced by 
statements of interest in writing from potential purchasers of 
technology.
    The Committee recommends that the Secretary consult with 
objective, outside experts in developing the report, including 
those from the National Academies of Science and Engineering 
(who will eventually be reviewing the Initiative, pursuant to 
section 616 of this Act) and the General Accounting Office. The 
Committee also recommends that, in writing the report and 
carrying out the program, the Secretary consult with 
environmental groups and other environmental experts (as a 
primary goal of the program is making coal a more 
environmentally benign fuel), the coal industry, the utility 
industry, and the coal equipment manufacturing industry.
    The Committee is aware of a proposed dry coal cleaning 
technology demonstration involving a pulverizer and dry 
separator operating together to remove impurities from coal and 
other minerals. The Committee encourages the Secretary to 
provide assistance for demonstration of such innovative 
magnetic separator technologies.

Sec. 407. Clean Coal Centers of Excellence

    Section 407 directs the Secretary to provide grants to 
universities for the establishment of clean coal centers of 
excellence. Based on the Subcommittee on Energy's June 12, 2001 
hearing on Clean Coal Technology and subsequent discussions and 
materials, the Committee strongly encourages the Secretary to 
consider as potential recipients Southern Illinois University, 
the University of Pittsburgh, Carnegie-Mellon University, and 
the Center for Electric Power at Tennessee Technological 
University.

        Subtitle C--Ultra-Deepwater and Unconventional Drilling

    Subtitle C of H.R. 2460, the Natural Gas and Other 
Petroleum Research, Development, and Demonstration Act of 2001, 
authorizes a new, ten-year program at the Department for 
research, development and demonstration of ultra-deepwater 
natural gas and other petroleum exploration technologies. For 
purposes of this program, ultra-deepwater is defined to be in 
excess of 1,500 meters, or approximately 5,000 feet, below the 
surface of the ocean. The Committee is hopeful that this 
technology will enable the U.S. to increase the supplies of oil 
and gas from the middle and western Gulf of Mexico and other 
areas already open to drilling.
    The Department is to carry out the program through a non-
profit research organization. The Committee based this model on 
the highly successful example of SEMATECH, which guided 
jointly-funded efforts of the Department of Defense and the 
semiconductor industry.
    The Committee intends that the Secretary exercise 
continuing oversight over the Research Organization. It is the 
Secretary's responsibility to ensure that the public interest 
is being served by the Research Organization's projects, that 
the projects are making the desired technical progress, and the 
public's money is being properly spent. The Act requires that 
the Secretary receive and review a specific research plan from 
the Research Organization each year, and allows the Secretary 
to withhold the Research Organization's funding for the year 
until the research plan is satisfactory. The Act also requires 
annual audits by an independent, outside auditing firm. Such 
audits were also required of SEMATECH.
    The Act provides specific allocations for each of the types 
of activities enumerated. However, in running the program, the 
Secretary may find that these allocations are preventing the 
most efficient and effective expenditure of funds. The 
Secretary should notify the Committee if the allocations prove 
problematic.
    The Act requires that all the projects undertaken under 
this program have among their major goals the improvement of 
safety and the limiting of environmental impacts. The Committee 
expects the Secretary to carefully monitor the program to 
ensure that safety and environmental impacts are specifically 
addressed in the projects funded through the Research 
Organization.
    This program of RD&D; would only be applicable in certain 
areas. Section 443 prohibits activities through the RD&D; 
provisions of this Act or through any new technologies 
developed under this section (or any other part of subtitle C) 
in any offshore areas that are currently under federal 
moratoria, such as areas off the coasts of California or North 
Carolina.

                         subtitle d--fuel cells

    The Committee notes that the three separate sections of the 
bill authorize fuel cell RD&D; and commercial application: 
section 143(c) pertaining to fuel-cell school buses, section 
206(2) pertaining to fuel cell bus demonstration programs, and 
section 461 pertaining to fuel cells. The Committee intends 
that the Secretary will coordinate implementations of these 
three provisions to maximize their integration and 
effectiveness.
    The Committee also recognizes that local organizations, 
such as the Houston-Galveston Area Council, are well equipped 
to assist the Federal government in demonstrating the benefits 
from research on fuel cell technologies used for low-emission 
mass transit vehicles.

                            Title V--Science


            subtitle e--doe authorization of appropriations

    The Committee is concerned about practices employed by the 
Department to enforce security at DOE scientific laboratories 
funded under this section. The Committee notes that the 
perception of racial profiling may have fostered a hostile work 
environment and may be discouraging certain employees and 
potential employees from working at DOE facilities. The 
Committee is concerned that such loss of talent at DOE would 
endanger DOE's missions to remain technologically competitive 
and to protect national security.

                           IX. Cost Estimate

    Rule XIII, clause 3(c)(2) of the Rules of the House of 
Representatives requires each committee report on a measure 
approved by the committee to include: (1) an estimate by the 
committee of the costs that would be incurred in carrying out 
the bill or joint resolution in the fiscal year in which it is 
reported and in each of the five fiscal years following that 
fiscal year (or for the authorized duration of any program 
authorized by the bill or joint resolution if less than five 
years); (2) a comparison of the estimate of costs described in 
subparagraph (1) of this paragraph made by the committee with 
any estimate of such costs made by a Government agency and 
submitted to such committee; and (3) when practicable, a 
comparison of the total estimated funding level for the 
relevant programs with the appropriate levels under current 
law. However, House Rule XIII, clause 3(d)(3)(B) provides that 
this requirement does not apply when a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and included in the report pursuant to House Rule XIII, 
clause 3(c)(3). A cost estimate and comparison prepared by the 
Director of the Congressional Budget Office under section 402 
of the Congressional Budget Act of 1974 has been timely 
submitted to the Committee on Science prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    Rule XIII, clause 3(c)(2) of the House of Representatives 
requires each committee report that accompanies a measure 
providing new budget authority (other than continuing 
appropriations), new spending authority, or new credit 
authority, or charges in revenues or tax expenditures to 
contain a cost estimate, as required by section 308(a)(1) of 
the Congressional Budget Act of 1974 and, when practicable with 
respect to estimates of new budget authority, a comparison of 
the total estimated funding level for the relevant program (or 
programs) to the appropriate levels under current law. H.R. 
2460 does not contain any new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
2460 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 25, 2001.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2460, the 
Comprehensive Energy Research and Technology Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Melissa 
Zimmerman, Lisa Cash Driskill, and Kathleen Gramp.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2460--Comprehensive Energy Research and Technology Act of 2001

    Summary: H.R. 2460 would authorize the appropriation of 
about $18.5 billion over the 2002-2011 period to the Department 
of Energy (DOE), the Environmental Protection Agency (EPA), and 
the Office of Science and Technology Policy (OSTP) in the 
Executive Office of the President for a variety of energy 
research, development, and demonstration programs and to 
promote the commercial application of energy technologies.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 2460 would cost $14.8 billion 
over the 2002-2006 period and an additional $3.4 billion over 
the 2007-2011 period. The bill would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply.
    H.R. 2460 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs incurred by state, local, or tribal governments as a 
result of this legislation would result from complying with 
conditions of aid.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2460 is shown in the following table. 
The costs of this legislation fall in budget functions 250 
(general science, space, and technology), 270 (energy), and 300 
(natural resources and the environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2001      2002      2003      2004      2005      2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\............................     5,276         0         0         0         0         0
    Estimated outlays...............................     4,849     2,883       341        92         0         0
Proposed Changes:
    Estimated authorization level...................         0     6,776     3,307     3,335     1,271     1,248
    Estimated outlays...............................         0     3,016     4,568     3,213     2,432     1,550
Spending Under H.R. 2460:
    Estimated authorization level \1\...............     5,276     6,776     3,307     3,335     1,271     1,248
    Estimated outlays...............................     4,849     5,899     4,909     3,505     2,432     1,550
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the estimated amount appropriated for that year to DOE for programs related to energy
  research, development, and demonstration and to EPA for science and climate change projects.

    Basis of estimate: Title I would authorize the 
appropriation of funds to conduct energy conservation 
activities, including programs to encourage the use of 
alternative fuel vehicles, research and climate change projects 
that would be administered by the Office of Air and Radiation 
in EPA, an initiative to reduce energy use in buildings that 
would be administered by OSTP, and a variety of energy 
conservation grants and projects that would be administered by 
DOE. Title II would authorize funds to be appropriated to DOE 
for renewable energy research activities, and title III would 
authorize the appropriation of funds for nuclear energy 
research. Title IV would authorize appropriations to DOE for 
oil, gas, and coal research and development, fuel cell 
research, and other energy technology research programs. Title 
IV also would authorize the appropriation of funds for research 
and demonstration projects involving drilling for hydrocarbons 
in ultra-deep water regions. Title V would authorize 
appropriations for fusion energy research, for construction and 
operation of the Spallation Neutron Source in Tennessee, and 
for the management of various research facilities administered 
by DOE.
    For this estimate, CBO assumes that the amounts authorized 
by H.R. 2460 will be appropriated for each year and that 
spending will follow historical patterns for ongoing or similar 
activities.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 2460 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Any costs incurred by state, local, or tribal 
governments as a result of this legislation would result from 
complying with conditions of aid. The bill would benefit state 
and local governments, including local school districts and 
public universities, by authorizing appropriations for energy-
related pilot programs and studies. However, it would require 
these governments to match some of those federal funds. Any 
such expenditures would be voluntary.
    Estimate prepared by: Federal costs: Melissa Zimmerman, 
Lisa Cash Driskill, and Kathleen Gramp; impact on State, local, 
and tribal governments: Elyse Goldman; impact on the private 
sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 2460 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    Rule XIII, clause 3(c)(1) of the Rules of the House of 
Representatives requires each committee report on a measure 
approved by the committee to include oversight findings and 
recommendations required pursuant to clause 2(b)(1) of rule X. 
The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

                XIII. Constitutional Authority Statement

    Rule XIII, clause 3(d)(1) of the Rules of the House of 
Representatives requires that each report of a committee on a 
public bill or public joint resolution shall contain a 
statement citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by the bill or joint 
resolution. Article I, section 8 of the Constitution of the 
United States grants Congress the authority to enact H.R. 2460.

               XIV. Federal Advisory Committee Statement

    H.R. 2460 creates four advisory committees within the 
meaning of section 5(b) of the Federal Advisory Committee Act:
    1. Section 181 requires the Director of the OSTP to 
establish an Interagency Group responsible for the development 
and implementation of a National Building Performance 
Initiative to address energy conservation and R&D; and related 
issues.
    2. Section 209 amends section 108 the Spark M. Matsunaga 
Hydrogen Research, Development, and Demonstration Act of 1990 
by replacing the existing Hydrogen Technical Advisory Panel 
with 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 the Act.
    3. Section 445 requires the Secretary of Energy to 
establish an Advisory Committee consisting of 7 members, each 
having extensive operational knowledge of and experience in the 
natural gas and other petroleum exploration and production 
industry who are not Federal Government employees or 
contractors, to advise the Secretary on the implementation of 
title IV, subtitle C--Ultra-Deepwater and Unconventional 
Drilling, and other related matters.
    4. Section 561 requires the Director of the OSTP, in 
consultation with the Secretary of Energy, to establish an 
Advisory Panel on the DOE 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.
    The functions of these entities as defined in H.R. 2460 are 
not currently being performed nor could they be performed by 
one or more agencies or by an advisory committee already in 
existence, or by enlarging the mandate or an existing advisory 
committee.

                  XV. Congressional Accountability Act

    The Committee finds that H.R. 2460 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVI. Statement on Preemption of State, Local, or Tribal Law

    H.R. 2460 is not intended to preempt any State, local, or 
Tribal law.

      XVII. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SPARK M. MATSUNAGA HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
ACT OF 1990

           *       *       *       *       *       *       *



SEC. 102. FINDING, PURPOSES, AND DEFINITION.

  (a) * * *
  [(b) Purposes.--The purposes of this Act are--
  [(1) to direct the Secretary of Energy to conduct a research, 
development, and demonstration program leading to the 
production, storage, transport, and use of hydrogen for 
industrial, residential, transportation, and utility 
applications;
          [(2) to direct the Secretary to develop a technology 
        assessment and information transfer program among the 
        Federal agencies and aerospace, transportation, energy, 
        and other entities; and
          [(3) to develop renewable energy resources as a 
        primary source of energy for the production of 
        hydrogen.]
  (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.
  (c) Definition.--As used in this Act, the term:
          (1) ``advisory committee'' means the advisory 
        committee established under section 108;
          [(1)] (2) ``critical technology'' (or ``critical 
        technical issue'') means a technology (or issue) that, 
        in the opinion of the Secretary, requires understanding 
        and development in order to take the next needed step 
        in the development of hydrogen as an economic fuel or 
        storage medium;
          [(2)] (3) ``Department'' means the Department of 
        Energy; and
          [(3)] (4) ``Secretary'' means the Secretary of 
        Energy.

[Sec. 103. Report to Congress

  [(a) Not later than January 1, 1999, the Secretary shall 
transmit to Congress a detailed report on the status and 
progress of the programs authorized under this Act.
  [(b) A report under subsection (a) shall include, in addition 
to any views and recommendations of the Secretary--
          [(1) an analysis of the effectiveness of the programs 
        authorized under this chapter, to be prepared and 
        submitted to the Secretary by the Hydrogen Technical 
        Advisory Panel established under section 108 of this 
        Act; and
          [(2) recommendations of the Hydrogen Technical 
        Advisory Panel for any improvements in the program that 
        are needed, including recommendations for additional 
        legislation.

[Sec. 104. Hydrogen research and development

  [(a) 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, residential, transportation, and 
utility applications.
  [(b) 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 into the 
        marketplace;
          [(2) initiate or accelerate existing research in 
        critical 
        technical issues that will contribute to the 
        development of more economic hydrogen production and 
        use, including, but not limited to, 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 hydrogen activities and 
        take steps to ensure that research and development 
        activities under this section do not displace or 
        compete with the privately funded hydrogen research and 
        development activities of United States industry.
  [(c) The Secretary is authorized to evaluate any reasonable 
new or improved technology, including basic research on highly 
innovative energy technologies, that could lead or contribute 
to the development of economic hydrogen production, storage, 
and utilization.
  [(d) The Secretary is authorized to evaluate any reasonable 
new or improved technology that could lead or contribute to, or 
demonstrate the use of, advanced renewable energy systems or 
hybrid systems for use in isolated communities that currently 
import diesel fuel as the primary fuel for electric power 
production.
  [(e) 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 chapter, 
consistent with section 106 of this Act.
  [(f) The Secretary shall carry out the research and 
development activities authorized under this section only 
through the funding of research and development proposals 
submitted by interested persons according to such procedures as 
the Secretary may require and evaluate on a competitive basis 
using peer review. Such funding shall be in the form of a grant 
agreement, procurement contract, or cooperative agreement (as 
those terms are used in chapter 63 of title 31, United States 
Code).
  [(g) The Secretary shall not consider a proposal submitted by 
a person from industry unless the proposal contains a 
certification that reasonable efforts to obtain non-Federal 
funding for the entire cost of the project have been made, and 
that such non-Federal funding could not be reasonably obtained. 
As appropriate, the Secretary shall require a commitment from 
non-Federal sources of at least 50 percent of the cost of the 
development portion of such a proposal.
  [(h) The Secretary shall not carry out any activities under 
this section that unnecessarily duplicate activities carried 
out elsewhere by the Federal Government or industry.
  [(i) The Secretary shall establish, after consultation with 
other Federal agencies, terms and conditions under which 
Federal funding will be provided under this chapter that are 
consistent with the Agreement on Subsidies and Countervailing 
Measures referred to in section 101(d)(12) of the Uruguay Round 
Agreement Act (19 U.S.C. 3511(d)(12)).]

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. 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.--For research and development programs 
carried out under this section, the Secretary shall require a 
commitment from non-Federal sources of at least 20 percent of 
the cost of the project. The Secretary may reduce or eliminate 
the non-Federal requirement under this subsection if the 
Secretary determines that the research and development is of a 
basic or fundamental nature.

SEC. 105. DEMONSTRATIONS.

  (a) Requirement.--The Secretary shall conduct demonstrations 
of critical technologies[, preferably in self-contained 
locations,] so that technical and non-technical parameters can 
be evaluated to best determine commercial applicability of the 
technology.
  (b) Small-Scale Demonstrations.--Concurrently with activities 
conducted pursuant to section 104, the Secretary shall conduct 
small-scale demonstrations of hydrogen technology [at self-
contained sites] , which shall include a fuel cell bus 
demonstration program to address hydrogen production, storage, 
and use in transit bus applications.
  (c) Non-Federal Funding Requirement.--The Secretary shall 
require a commitment from non-Federal sources of at least 50 
percent of the cost of any demonstration conducted under this 
section.

[SEC. 106. TECHNOLOGY TRANSFER PROGRAM.

  [(a) Program.--The Secretary shall conduct a program designed 
to accelerate wider application of hydrogen production, 
storage, utilization, and other technologies available in near 
term as a result of aerospace experience as well as other 
research progress by transferring critical technologies to the 
private sector. The Secretary shall direct the program with the 
advice and assistance of the Hydrogen Technical Advisory Panel 
established under section 108. The objective in seeking this 
advice is to increase participation of private industry in the 
demonstration of near commercial applications through 
cooperative research and development arrangements, joint 
ventures or other appropriate arrangements involving the 
private sector.
  [(b) Information.--The Secretary, in carrying out the program 
authorized by subsection (a), shall--
          [(1) undertake an inventory and assessment of 
        hydrogen technologies and their commercial capability 
        to economically produce, store, or utilize hydrogen in 
        aerospace, transportation, electric utilities, 
        petrochemical, chemical, merchant hydrogen, and other 
        industrial sectors; and
          [(2) develop a National Aeronautics Space 
        Administration, Department of Energy, and industry 
        information exchange program to improve technology 
        transfer for--
                  [(A) application of aerospace experience by 
                industry;
                  [(B) application of research progress by 
                industry and aerospace;
                  [(C) application of commercial capability of 
                industry by aerospace; and
                  [(D) expression of industrial needs to 
                research organizations.
The information exchange program may consist of workshops, 
publications, conferences, and a data base for the use by the 
public and private sectors. The Secretary shall also foster the 
exchange of generic, nonproprietary information and technology, 
developed pursuant to this chapter, among industry, academia, 
and the Federal Government, to help the United States economy 
attain the economic benefits of this information and 
technology.]

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. 107. COORDINATION AND CONSULTATION.

  (a) Secretary's Responsibility.--The Secretary shall have 
overall management responsibility for carrying out programs 
under this Act. In carrying out such programs, the Secretary, 
consistent with such overall management responsibility--
          [(1) shall use the expertise of the National 
        Aeronautics and Space Administration and the Department 
        of Transportation; and]
          (1) shall establish a central point for the 
        coordination of all hydrogen research, development, and 
        demonstration activities of the Department; and

           *       *       *       *       *       *       *

  [(c) Consultation.--The Secretary shall consult with the 
Administrator of the National Aeronautics and Space 
Administration, the Administrator of the Environmental 
Protection Agency, the Secretary of Transportation, and the 
Hydrogen Technical Advisory Panel established under section 108 
in carrying out his authorities pursuant to this Act.]
  (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. 108. TECHNICAL PANEL.

  [(a) Establishment.--There is hereby established the Hydrogen 
Technical Advisory Panel (the ``technical panel''), to advise 
the Secretary on the programs under this Act.
  [(b) Membership.--The technical panel shall be appointed by 
the Secretary and shall be comprised of such representatives 
from domestic industry, universities, professional societies, 
Government laboratories, financial, environmental, and other 
organizations as the Secretary deems appropriate based on his 
assessment of the technical and other qualifications of such 
representatives. Appointments to the technical panel shall be 
made within 90 days after the enactment of this Act. The 
technical panel shall have a chairman, who shall be elected by 
the members from among their number.
  [(c) Cooperation.--The heads of the departments, agencies, 
and instrumentalities of the Executive branch of the Federal 
Government shall cooperate with the technical panel in carrying 
out the requirements of this section and shall furnish to the 
technical panel such information as the technical panel deems 
necessary to carry out this section.
  [(d) Review.--The technical panel shall review and make any 
necessary recommendations to the Secretary on the following 
items--
          [(1) the implementation and conduct of programs under 
        this Act; and
          [(2) the economic, technological, and environmental 
        consequences of the deployment of hydrogen production 
        and use systems.
  [(e) Support.--The Secretary shall provide such staff, funds 
and other support as may be necessary to enable the technical 
panel to carry out the functions described in this section.

[SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

  [There is hereby authorized to be appropriated to carry out 
the purposes of this Act (in addition to any amounts made 
available for such purposes under other Acts)--
          [(1) $3,000,000 for the fiscal year 1992;
          [(2) $7,000,000 for the fiscal year 1993;
          [(3) $10,000,000 for the fiscal year 1994;
          [(4) $14,500,000 for fiscal year 1996;
          [(5) $20,000,000 for fiscal year 1997;
          [(6) $25,000,000 for fiscal year 1998;
          [(7) $30,000,000 for fiscal year 1999;
          [(8) $35,000,000 for fiscal year 2000; and
          [(9) $40,000,000 for fiscal year 2001.]

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. 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.

           *       *       *       *       *       *       *

                              ----------                              


                     HYDROGEN FUTURE ACT OF 1996

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

  For purposes of [titles II and III] title III--
          (1) the term ``Department'' means the Department of 
        Energy; and
          (2) the term ``Secretary'' means the Secretary of 
        Energy.

           *       *       *       *       *       *       *


                         [TITLE II--FUEL CELLS

[SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN 
                    PRODUCTION SYSTEMS.

  [(a) Not later than 180 days after the date of enactment of 
this section, and subject to the availability of appropriations 
made specifically for this section, the Secretary of Energy 
shall solicit proposals for projects to prove the feasibility 
of integrating fuel cells with--
          [(1) photovoltaic systems for hydrogen production; or
          [(2) systems for hydrogen production from solid waste 
        via gasification or steam reforming.
  [(b) Each proposal submitted in response to the solicitation 
under this section shall be evaluated on a competitive gas is 
using peer review. The Secretary is not required to make an 
award under this section in the absence of a meritorious 
proposals.
  [(c) The Secretary shall give preference, in making an award 
under this section, to proposals that--
          [(1) are submitted jointly from consortia including 
        academic institutions, industry, State or local 
        governments, and Federal laboratories; and
          [(2) reflect proven experience and capability with 
        technologies relevant to the systems described in 
        subsections (a)(1) and (a)(2).
  [(d) In the case of a proposal involving development or 
demonstration, the Secretary shall require a commitment from 
non-Federal sources of at least 50 percent of the cost of the 
development or demonstration portion of the proposal.
  [(e) The Secretary shall establish, after consultation with 
other Federal agencies, terms and conditions under which 
Federal funding will be provided under this title that are 
consistent with the Agreement on Subsidies and Countervailing 
Measures referred to in section 101(d)(12) of the Uruguay Round 
Agreement Act (19 U.S.C. 3511(d)(12)).

[SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated, for activities 
under this section, a total of $50,000,000 for fiscal years 
1997 and 1998, to remain available until September 30, 1999.]

           *       *       *       *       *       *       *


                    XVIII. Committee Recommendations

    On July 18, 2001, a quorum being present, the Committee 
favorably reported H.R. 2460, the Comprehensive Energy Research 
and Technology Act of 2001, as amended, by a voice vote, and 
recommended its enactment.

       XIX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c) of House Rule XIII, the outcome-
related goals of H.R. 2460, as enumerated in Section 4, are to 
be used to guide the conduct of a balanced energy research, 
development, demonstration, and commercial application 
portfolio of programs in order to meet the purposes of H.R. 
2460 under Section 3.

                XX. Exchange of Committee Correspondence

                          House of Representatives,
                          Committee on Energy and Commerce,
                                     Washington, DC, June 25, 2001.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science, House of Representatives, Rayburn House 
        Office Building, Washington, DC.
    Dear Chairman Boehlert: I am writing with regard to H.R. 
2460, the Comprehensive Energy Research and Technology Act of 
2001.
    In light of the House Leadership's desire to bring 
comprehensive energy legislation to the House floor, I will not 
exercise the Committee's right to a referral. By agreeing to 
waive its consideration of the bill, however, the Energy and 
Commerce Committee does not waive its jurisdiction over H.R. 
2460 or similar legislation. In addition, the Energy and 
Commerce Committee reserves its authority to seek conferees on 
any provisions of this or similar legislation that are within 
its jurisdiction during any House-Senate conference that may be 
convened. I ask for your commitment to support any request by 
the Energy and Commerce Committee for conferees on H.R. 2460 or 
similar legislation.
    I request that you include this letter as a part of the 
Committee's report on H.R. 2460. Thank you for your attention 
to these matters, and I look forward to working with you as we 
bring comprehensive energy legislation to the Floor.
            Sincerely,
                                     W.J. ``Billy'' Tauzin,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                      Committee on Science,
                                     Washington, DC, July 27, 2001.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Chairman Tauzin: Thank you for your July 25th letter 
regarding H.R. 2460, the ``Comprehensive Energy Research and 
Technology Act of 2001.'' H.R. 2460 was introduced on July 11, 
2001 and referred exclusively to the Committee on Science. The 
Committee on Science held a mark-up session of H.R. 2460 on 
July 18, 2001 and ordered the bill reported.
    If, during deliberations of H.R. 2460, the bill is altered 
to include subject matter falling within the Energy and 
Commerce Committee's jurisdiction, we will work with your 
Committee to address those issues of concern, including the 
honoring of your request for conferees should any version 
contain a provision that falls within your jurisdiction.
    I will include the exchange of letters between our 
Committees as part of the record. Thank you for your 
cooperation in this matter.
            Sincerely,
                                      Sherwood L. Boehlert,
                                                          Chairman.

                         XXI. ADDITIONAL VIEWS

    Overall this bill represents a solid statement by the 
Science Committee that reflects a bipartisan consensus of its 
priorities for our nation's energy future. The Chairman is to 
be commended for his efforts to produce a bipartisan bill that 
incorporates many of the initiatives important to Committee 
Members from both parties. This bill was strengthened by a 
clarifying amendment accepted by the Committee that clearly 
states R&D; for the Ultra-Deepwater natural gas and petroleum 
provision does not apply to areas currently protected by a 
federal moratorium from offshore drilling.
    In particular, the bill authorizes aggressive funding 
levels for bioenergy and hydrogen renewable energy R&D.; It also 
includes an additional $177 million over three years for the 
Department of Energy to step up R&D; on other renewable energy 
initiatives, including solar, wind and geothermal. These 
increased levels are key for an energy future that relies more 
on energy sources that are renewable and minimizes impacts on 
our environment.
    Of disagreement, however, are provisions in the bill that 
authorize new commitments in the nuclear energy field. 
Explicitly, the bill includes language authorizing R&D; for 
pyroprocessing as well as authorizes new funding for the 
Nuclear Energy Technology account for a study on Generation IV 
nuclear reactor technologies.
    As written, the pyroprocessing program established in the 
bill funds R&D; over three years at approximately $30 million. 
The research for advanced fuel cycle technologies comes with no 
conditions on whether that technology is cheaper, safer, or 
more proliferation resistant that our current reactors. This 
initiative also goes against a longstanding U.S. policy to not 
engage in this type of nuclear waste ``recycling.'' The 
Committee's authorization does not limit the activities of the 
program to paper studies and roadmaps, but rather makes this a 
full-fledged R&D; program. Certainly resolving the nuclear waste 
issue is of great concern to many Members. However, while 
pyroprocessing may reduce the volume and radioactivity of the 
waste material, the process remains dangerously waste-
intensive, and continues to call for reprocessed waste to be 
eliminated or otherwise dealt with by some method of permanent 
disposal resulting in high volumes of spent fuel that requires 
requiring storage both before and after reprocessing--in more 
than one repository. There is also the continuing uncertainty 
that these technologies both produce more plutonium and reduce 
the United States' international standing in efforts to stop 
other countries from exploring pyroprocessing techniques or 
breeder reactors. Developing dangerous and costly technologies, 
reversing a U.S. policy that has been in place for almost a 
quarter century, with no solid Committee record, apparent 
justification or quantifiable payoff, is unjustified.
    Concerning the Nuclear Energy Technology account, the bill 
authorizes approximately $60 million over three years for a 
study on the next generation of nuclear reactors. The 
President's FY02 budget request for the Department of Energy is 
absolutely crystal clear that the Nuclear Energy Technology 
account needs just $4.5 million to complete its technology 
roadmap study on Generation IV nuclear reactor technologies. 
Not the $50 million as was in the base bill or the $20 million 
as is in the bill as amended. According to the budget request, 
the study is the final step for this account. Future work and 
requests are contingent, presumably, upon what the plan 
proposes.
    Considering this, there is no justifiable reason for this 
bill to authorize $15.5 million more than the President, or the 
House Appropriations Committee, states this account needs in FY 
2002. The prudent procedure is to give the Department the money 
they need to finish their report, but no more than that. After 
the report is delivered, the Committee can assess further 
needs. For an issue this complex and far reaching as to how to 
proceed with Generation IV nuclear reactor efforts, the 
Committee should have a full Committee record on the merits of 
this initiative, which this program certainly does not. More 
perplexing are the out-year funds for 2003 and 2004. The 
language of the bill is quite explicit that the Committee is 
only authorizing a study. Despite a comment by Majority staff 
to the contrary, the language of the bill authorizes a study 
and specifies what kinds of information should be included in 
that report. However, that report is due December 31, 2001. As 
a consequence, we remain skeptical that the Department can 
productively utilize the total $60 million authorization and 
perplexed at the Committee's intentions.
    Aside from disagreement on these two subjects, this bill 
otherwise represents the hard work of all involved to find 
common ground on the breadth and depth of our interests.

                                   Lynn Woolsey.
                                   Lynn N. Rivers.
                                   Joe Hoeffel.
                                   Michael Honda.
                                   Mark Udall.

               XXII. Proceedings of Full Committee Markup

 h.r. 2460, comprehensive energy research and technology act of 2001, 
                             july 18, 2001

    Chairman Boehlert. We will now consider H.R. 2460.
    I want to welcome everyone here for the Markup of the 
Science Committee's piece of the House comprehensive energy 
package. I think we have done what we set out to do. We have 
come up with a bill that is balanced, comprehensive and 
bipartisan. And let me stress all three. It is a balanced 
approach, it is comprehensive, and it carries a bipartisan 
effort. With just about every single Member of the Full 
Committee contributing in one way or another to the final 
package we present here for your consideration today.
    The bill truly emphasizes conservation and renewable energy 
sources, while also creating a stringent clean coal program and 
authorizing oil, gas and nuclear research. The bill recognizes 
that environmental considerations, including those related to 
climate change, must be an integral part of any energy 
strategy. And the bill is bipartisan, reflecting lengthy 
negotiations that have gone well into the night and concluded 
only shortly before this markup.
    I want to thank all the Members on both sides of the aisle 
for their spirited participation in crafting this bill, which 
reflects the ideas of many Members on and off this Committee. 
The bipartisan managers' amendment, which I will offer with Mr. 
Hall, is the vehicle for including many of those ideas.
    I also want to thank Tim Brown, of the Legislative 
Counsel's office, for his hard work on this over many days and 
into the night, especially since he was also working on the 
Energy and Commerce bill at the same time. I'm sure he 
appreciates our bill more, but he is not at liberty to say 
that.
    Let me also say that the professional staff, once again, on 
both sides, rose to the occasion and proved what Capitol Hill 
is, its people are some of the most capable and professional 
and dedicated staff people in any institution in any place in 
this country. They worked long and hard to bring us to this 
point, and they deserve our congratulations.
    Congratulations.
    [Statement of Congressman Boehlert follows:]
              Opening Statement of Hon. Sherwood Boehlert
    I want to welcome everyone here today for the mark-up of the 
Science Committee's piece of the House comprehensive energy package. I 
think we have done what we set out to do. We have come up with a bill 
that is balanced, comprehensive and bipartisan.
    The bill truly emphasizes conservation and renewable energy 
sources, while also creating a stringent clean coal program and 
authorizing oil, gas and nuclear research. The bill recognizes that 
environmental considerations, including those related to climate 
change, must be an integral part of any energy strategy. And the bill 
is bipartisan, reflecting lengthy negotiations that have gone well into 
the night and concluded only shortly before this markup.
    I want to thank all the members on both sides of the aisle for 
their spirited participation in crafting this bill, which reflects the 
ideas of many Members on and off this Committee. The bipartisan 
managers' amendment, which I will offer with Mr. Hall, is the vehicle 
for including many of those ideas.
    I also want to thank Tim Brown of the Legislative Counsel's office 
for his hard work on this over many days and into the night, especially 
since he was also working on the Energy and Commerce bill at the same 
time. I'm sure he appreciates our bill more, but he's not at liberty to 
say.

    Chairman Boehlert. We will now consider the Bill H.R. 2460.
    I yield the remainder of my time to the Chair of the 
Subcommittee on Energy, Mr. Bartlett, to explain the details. 
Mr. Bartlett?
    Mr. Bartlett. Thank you, Chairman Boehlert. Today we are 
marking up H.R. 2460, the Comprehensive Energy Research and 
Technology Act of 2001, as introduced.
    I would like to thank my colleagues for their interest in 
this important legislative effort and look forward to a very 
fruitful markup.
    Special thanks to Congressman Boehlert and my Ranking 
Member, and very special thanks to the staff for their hard 
work in the negotiations on section 4, which is the clean coal 
technology. And thanks to Mr. Costello, whose original bill 
this was, for helping to make sure that this was a bipartisan 
bill that will advance the use of coal, while still protecting 
our environment.
    We are marking up H.R. 2460 as part of a Congress-wide 
effort to advance this Nation's energy security both now and in 
the future. As I have said repeatedly, the future of this 
country depends heavily on the availability of cheap, abundant, 
and sustainable energy. It is incumbent upon this Committee to 
assure that our energy security and that the bulk of our 
sources of energy be made environmentally sound and sustainable 
as rapidly as possible.
    I am pleased that the legislation we consider today moves 
us down the road towards sustainability and environmental 
soundness, while maintaining balance with traditional sources 
of energy. I will briefly describe each title of the bill 
before we proceed with today's action.
    Title I provides for energy conservation and energy 
efficiency. Subtitle A, authored by Mr. Boehlert and co-
sponsored in its original form by Mr. Udall and Mr. Grucci, 
provides funding to accelerate the use of vehicles running on 
alternative fuels.
    This pilot program will demonstrate the feasibility of more 
widespread adoption of transportation fuels and systems that 
begin to draw on our country's vast supply of cleaner fuels, 
such as natural gas and renewable forms of energy.
    Subtitle B provides funding for research into distributed 
energy resources. Distributed energy can offer greater 
reliability for consumers and will be heavily derived from 
sustainable sources of energy.
    Subtitle C makes funds available for Energy Conservation 
operations and maintenance at the Department of Energy. 
Subtitle D authorizes funding for the Office of Air and 
Radiation at EPA for energy efficiency technology programs. 
These programs are designed to move technologies into the 
marketplace that are not only energy efficient, but also reduce 
emissions.
    Title II provides for another critical piece of the energy 
puzzle: renewable energy. Subtitle A, authored by Mr. Calvert 
and cosponsored by Ms. Woolsey, provides for the acceleration 
of research, development and demonstration of promising 
hydrogen technologies. Much work remains to be done before we 
can move toward greater use of hydrogen. This funding authority 
may bring that date closer.
    Subtitle B, authored by myself and co-sponsored by Chairman 
Boehlert, Ms. Morella, Mr. Udall, and Ms. Jackson Lee in its 
original form, authorizes funding for bioenergy. Bioenergy and 
biofuels are derived from renewable agricultural waste and 
other sources of biomass. It solves two problems at the same 
time, making use of our Nation's bountiful biomass and 
providing a new source of renewable energy as well as producing 
biochemicals that could replace petrochemicals in the future.
    Subtitle B makes available funding for biopower and 
biofuels energy systems programs, projects, and activities. 
This subtitle further authorizes funding for integrated 
bioenergy research and development.
    Subtitle C provides for numerous renewable energy programs, 
including the National Renewable Energy Lab.
    Title III covers nuclear energy. Subtitle A, authored by 
Ms. Biggert and co-sponsored by myself, Mr. Costello, Mr. 
Ehlers and Mr. Calvert, moves to bolster nuclear science and 
engineering education at our nation's universities.
    Subtitle B, authored by Mr. Graham and co-sponsored by Ms. 
Biggert and Ms. Hart, provides for research and development on 
advanced fuel recycling technologies.
    Subtitle C, also by Mr. Graham, provides authorization for 
the Nuclear Energy Research Initiative, NERI, and the Nuclear 
Energy Plant Optimization, NEPO, programs as well as for 
research into new nuclear technologies. NEPO will help us make 
our existing nuclear plants operate more efficiently for longer 
periods of time and with greater safety. NERI bolsters our 
position in nuclear engineering and helps maintain our U.S. 
nuclear science and engineering infrastructure.
    Title IV covers research and development for fossil energy 
resources. Subtitle A, authored primarily by Mr. Costello, 
covers clean coal technology. Coal is our most abundant fossil 
fuel resource. Improving the efficiency and reducing hazardous 
emissions from coal, particularly plentiful, low-quality coal 
will help ensure that coal willbe an important component of our 
electricity generation in the future. Clean coal also holds promise for 
transportation fuel and as a feedstock for the chemical industry. This 
subtitle authorizes the President's Clean Coal Initiative. Subtitle B 
provides funding for research on oil and gas. As we heard in testimony 
before the Energy Subcommittee, oil and gas research can extend 
domestic production and has already characterized significant new 
reserves.
    Subtitle C, by Mr. Larson, provides for the DOE to perform 
additional research and development on fuel cell systems and 
innovative concepts.
    Subtitle D authorizes funds for other programs within DOE's 
fossil energy research not authorized elsewhere in this 
section.
    Title V authorizes funding for programs within DOE's Office 
of Science.
    Subtitle A, authored by my colleague, Ms. Lofgren, and co-
sponsored by a number of Members of this committee, strengthens 
our fusion energy research program. Fusion holds great 
potential for the future, but to get to that future, we need to 
continue to invest heavily today. This bill directs the energy 
for the Fusion Energy Sciences Program at DOE to initiate a 
magnetic fusion burning plasma experiment, capable of producing 
substantial fusion power output and providing key information 
for the advancement of fusion science.
    Subtitle B authorizes the Spallation Neutron Source at Oak 
Ridge National Lab. This authorized level matches the 
Administration request and sets an expenditure cap for the 
total project cost. I believe that this is a prudent way to 
provide a needed science facility, while setting strict 
spending caps to protect the taxpayer.
    Subtitle C requires the Secretary of Energy to develop and 
implement a facility and infrastructure plan for non-military 
facilities within the DOE lab structure.
    Subtitle D requires the establishment of an Advisory Panel 
to report on the activities of the Office of Science and how 
they may be improved.
    Subtitle E authorizes funding for various programs within 
the Office of Science.
    I believe that today's markup will refine and clarify the 
contents of H.R. 2460. This has truly been a bipartisan effort, 
and I believe that at the end of the day we will have a strong 
bill to report to the floor of the House.
    Finally, I would like to thank the Chair for yielding this 
time to me, and thank the Chair and the committee Members, many 
of them authored portions of this bill, and for participating 
in today's markup.
    [Statement of Roscoe Bartlett follows:]
                   Statement of Hon. Roscoe Bartlett
    Thank you, Chairman Boehlert. Today we are marking up H.R. 2460, 
The Comprehensive Energy Research and Technology Act of 2001, as 
introduced. I would like to thank my colleagues for their interest in 
this important legislative effort and look forward to a very fruitful 
markup. We are marking up H.R. 2460 as part of a Congress-wide effort 
to advance this Nation's energy security both now and in the future. As 
I have said repeatedly, the future of this country depends heavily on 
the availability of cheap, abundant, and sustainable energy. It is 
incumbent upon this Committee to assure our energy security and that 
the bulk of our sources of energy be made environmentally sound and 
sustainable as rapidly as possible.
    I am pleased that the legislation we consider today moves us down 
the road toward sustainability and environmental soundness, while 
maintaining balance with traditional sources of energy. I will briefly 
describe each title of the bill before we proceed with today's action.
    Title I provides for energy conservation and energy efficiency. 
Subtitle A, authored by Mr. Boehlert and cosponsored in its original 
form by Mr. Udall and Mr. Grucci, provides funding to accelerate the 
use of vehicles running on alternative fuels. This pilot program will 
demonstrate the feasibility of more widespread adoption of 
transportation fuels and systems that begin to draw on our country's 
vast supply of cleaner fuels, such as natural gas and renewable forms 
of energy.
    Subtitle B, provides funding for research into distributed energy 
resources. Distributed energy can offer greater reliability for 
consumers and will be heavily derived from sustainable sources of 
energy. Subtitle C makes funds available for Energy Conservation 
operations andmaintenance at the Department of Energy. Subtitle D 
authorizes funding for the Office of Air and Radiation at EPA for 
energy efficiency technology programs. These programs are designed to 
move technologies into the marketplace that are not only energy 
efficient, but also reduce emissions.
    Title II provides for another critical piece of the energy puzzle: 
renewable energy. Subtitle A, authored by Mr. Calvert and cosponsored 
by Ms. Woolsey, provides for the acceleration of research, development 
and demonstration of promising hydrogen technologies. Much work remains 
to be done before we can move toward greater use of hydrogen. This 
funding authority may bring that date closer.
    Subtitle B, authored by myself and cosponsored by Chairman 
Boehlert, Ms. Morella, Mr. Udall and Ms. Jackson-Lee in its original 
form, authorizes funding for bioenergy. Bioenergy and biofuels are 
derived from renewable agricultural waste and other sources of biomass. 
It solves two problems at the same time--making use of our nation's 
bountiful biomass and providing a new source of renewable energy as 
well as producing biochemicals that could replace petrochemicals in the 
future. Subtitle B makes available funding for biopower and biofuels 
energy systems programs, projects, and activities. This subtitle 
further authorizes funding for integrated bioenergy research and 
development.
    Subtitle C provides for numerous renewable energy programs, 
including the National Renewable Energy Lab.
    Title III covers nuclear energy. Subtitle A, authored by Ms. 
Biggert and cosponsored by myself, Mr. Costello, Mr. Ehlers and Mr. 
Calvert, moves to bolster nuclear science and engineering education at 
our nation's universities. Subtitle B, authored by Mr. Graham and 
cosponsored by Mr. Biggert and Ms. Hart, provides for research and 
development on advanced fuel recycling technologies. Subtitle C, also 
by Mr. Graham, provides authorization for the Nuclear Energy Research 
Initiative (NERI) and the Nuclear Energy Plant Optimization (NEPO) 
programs as well as for research into new nuclear technologies. NEPO 
will help us make our existing nuclear plants operate more efficiently 
for longer periods of time and with greater safety. NERI bolsters our 
position in nuclear engineering and helps maintain our U.S. nuclear 
science and engineering infrastructure.
    Title IV covers research and development for fossil energy 
resources. Subtitle A authored primarily by Mr. Costello, covers clean 
coal technology. Coal is our most abundant fossil fuel resource. 
Improving the efficiency and reducing hazardous emissions from coal, 
particularly plentiful, low-quality coal will help assure that coal 
will be an important component of our electricity generation in the 
future. Clean coal also holds promise for transportation fuel and as a 
feedstock for the chemical industry. This Subtitle authorizes the 
President's Clean Coal Initiative. Subtitle B provides funding for 
research on oil and gas. As we heard in testimony before the Energy 
Subcommittee, oil and gas research can extend domestic production and 
has already characterized significant new reserves. Subtitle C by Mr. 
Larson provides for the DOE to perform additional research and 
development on fuel cell systems and innovative concepts. Subtitle D 
authorizes funds for other programs within DOE's fossil energy research 
not authorized elsewhere in this section.
    Title V authorizes funding for programs within DOE's Office of 
Science. Subtitle A, authored by my colleague Ms. Lofgren and 
cosponsored by a number of members of this committee, strengthens our 
fusion energy research program. Fusion holds great potential for the 
future, but to get to that future, we need to continue to invest 
heavily today. The bill directs the Fusion Energy Sciences Program at 
DOE to initiate a magnetic fusion burning plasma experiment, capable of 
producing substantial fusion power output and providing key information 
for the advancement of fusion science.
    Subtitle B authorizes for the Spallation Neutron Source at Oak 
Ridge National Lab. The authorized level matches the Administration 
request and sets an expenditure cap for the total project cost. I 
believe that this is a prudent way to provide a needed science facility 
while setting strict spending caps to protect the taxpayer. Subtitle C 
requires the Secretary of Energy to develop and implement a facility 
and infrastructure plan for nonmilitary facilities within the DOE lab 
structure. Subtitle D requires the establishment of an Advisory Panel 
to report on the activities of the Office of Science and how they may 
be improved. Subtitle E authorizes funding for various programs within 
the Office of Science.
    I believe that today's markup will refine and clarify the contents 
of H.R. 2460. This has truly been a bipartisan effort and I believe 
that at the end of the day we will have a strong bill to report to the 
floor of the House. Finally, I would like to thank the Chair for 
yielding this time to me and thank the Chair and the committee members 
for participating in today's markup. I yield back my time.

    Mr. Bartlett. I yield back my time.
    Chairman Boehlert. The Chair now recognizes Mr. Hall.
    Mr. Hall. Mr. Chairman, I thank you, and I thank you and 
your staff and others that have worked with us to ensure that 
this will go a long way. I want to take this opportunity also 
to thank natural gas, resources, huge quantities of natural 
gas, increasing demand for natural gas sharply, we don't have 
any choice. I would yield back my time. I'd like to yield back 
the balance of my time to Mrs. Woolsey for any remarks that she 
may have, and I will yield back the last 30 minutes of my time.
    Chairman Boehlert. The gentlewoman from California is 
recognized for the balance of Mr. Hall's time.
    Ms. Woolsey. Thank you, Mr. Chairman. Today we are 
addressing the future direction of our country, and the future 
direction of DOE's research and development program. Every one 
of us has a different vision of what we want our energy future 
to look like. But it is very clear from what we have come up 
with that this committee is obviously together in, one, our own 
districts, and two, this Nation. And I thank you for making 
this bill positive, and I thank Chairman Barlett for working so 
well with me on this. And I thank the staff. You were all 
terrific, and thank you very, very much.
    As a Californian, and a Member of one of the most 
environmentally conscious districts in the country, my time in 
Congress has focused on an energy future that relies 
increasingly on the energy resources that are both renewable 
and minimize impact on our environment. That is why I 
introduced H.R. 2324, which is the Fuel Energy and Energy 
Emissions Act. This bill sets a goal that 20% of our energy in 
the U.S. be generated of non-hydro renewable energy sources by 
the year 2020.
    I have been concerned about the base bill and about the 
President's bill in this regard, but I want to compliment the 
committee for working together. We are very close to reaching 
the goals of H.R. 2324, and I look forward to discussing it 
further. With the amendment, I think you should approve it, 
overall. Thank you.
    Chairman Boehlert. Thank you very much, and without 
objection, all members may place opening statements in the 
record at this point.

                Opening Statement of Hon. Ralph M. Hall

    Mr. Chairman and Members of the Committee, today is a day 
that comes around infrequently in this committee--that is, a 
day in which we will report an authorization bill for the 
research and development programs for the Department of Energy. 
Many times we have reported energy authorization bills, only to 
see them flounder along the way.
    This year is different. The leadership is pushing the 
committees to report their bills as soon as possible. While I 
wish we had more time to work on these bills, this is the 
schedule we have to meet, and I believe we've done the best we 
could in the time allowed.
    I want to thank you, Mr. Chairman and your staff, for 
working with our side to ensure the consensus that I believe we 
have here today.
    I also want to take this opportunity to thank you for 
working with us on the development of the provision in the bill 
that I believe is especially important--the establishment of 
the ultra-deepwater natural gas research and development 
program. Extraordinary times demand extraordinary measures to 
achieve their objectives. This crash program, I believe, will 
develop and demonstrate the technologies necessarily to drill 
and produce the huge quantities of natural gas that are below 
some of the deepest waters in the Gulf of Mexico in the 
fastest, most efficient way possible. With increasing demand 
for natural gas and sharply lower production in the U.S., we 
have no choice but to go after these supplies as possible.
    With that, Mr. Chairman I yield back the balance of my 
time.
                                ------                                  


              Opening Statement of Hon. Constance Morella
    Mr. Chairman, we have before us today two important pieces of 
legislation, a voting technology bill and the Science Committee's 
portion of the national energy policy. I want to thank you for moving 
this legislation to the top of the Science Committee's agenda.
    With all that happened at last year's presidential election, 
electoral reform needs to be addressed. However, despite the obvious 
problems, there are no obvious solutions. We have neglected our 
electoral system for far too long, but we cannot simply replace our 
neglect with knee-jerk regulation and one-size-fits-all policies. A 
haphazard guess is not a policy vehicle.
    Recent studies have highlighted the difficulties of our current 
practices as well as warned us of potential future problems if we act 
too rashly. This bill addresses these concerns. It calls for objective 
standards and creates a mechanism for a formal review of our electoral 
process and our voting equipment. Under the auspices of NIST, our 
premier developer of measurements and standards, we will soon have the 
prescriptions for our voting ills.
    As for energy, the administration has laid out a broad plan and 
this bill represents the piece we have jurisdiction over. We have 
augmented the president's proposal with important research and 
development efforts to environmentally friendly areas such as hydrogen, 
biomass, and other renewable technologies. It has been a difficult 
struggle to bring together the various competing interests, but we have 
forged a bill that fairly balances the concerns of the environment with 
our all-to-real energy needs. I believe that the final product deserves 
our support.
    I strongly urge my colleagues to pass both of these measures.
                                 ______
                                 
                  Opening Statement of Hon. Nick Smith
    Mr. Chairman, I rise in support of this bill, as amended by 
Chairman Boehlert and the Ranking Minority Member Mr. Hall.
    America has a serious energy problem. After many years of being 
accustomed to abundant and very affordable energy, we have been caught 
short.
    Skyrocketing prices for gasoline, natural gas, and electricity, 
rolling blackouts in California, and predictions of shortages and 
outages in other parts of the country have focused the minds of 
consumers, manufacturers, farmers, and small businesses on something we 
once took for granted--affordable and reliable energy.
    As a member of the Presidential Oil Policy Commission during the 
Arab oil crisis of the early 1970s, I have seen how supply disruptions 
and high prices can take an economic toll on the country. I played a 
role in the decision to implement price controls and some other policy 
decisions that clearly did not work. I am determined that the mistakes 
of the past are not repeated again.
    Modern economies depend on energy to sustain growth. For example, 
much of the economic growth in the past decade has been driven by 
information and networking technologies. But this equipment requires 
tremendous amounts of electric power. Without adequate generating 
capacity, we will be unable to capitalize fully on these new 
technologies that improve our lives in countless ways.
    The fact is, future energy demand is going to significantly 
outstrip supply unless we take action now to produce more energy 
domestically. This will be critically important for Michigan, which 
ranks ninth in the country in energy consumption. The Science Committee 
has a critical role to play by authorizing the research and development 
programs that create the technologies necessary to improve the 
efficiency, environmental footprint, and economics of a broad range of 
energy options.
    For too long, the country has been without an energy policy. The 
President's Energy Policy came at a crucial time and recognized that 
there are not quick fixes to America's energy shortage. Critics of the 
President's plan say that Americans already use too much energy and 
believe conservation can solve the problem. Conservation will be an 
integral part of the solution, but it cannot do it alone, and it cannot 
be done without research and development.
    President Bush's comprehensive energy plan incorporates 
conservation, R&D; into new technologies, regulatory reform, and other 
measures to ensure that Americans have access toreliable, affordable, 
and clean energy. With this legislation, we take the first steps toward 
implementing the President's plan. Research and development into 
alternate energy sources and new technologies will play a significant 
role in making our energy supplies cleaner, cheaper, and more efficient 
and in enabling a variety of energy options for the future. There is no 
reason why we cannot increase our supplies of energy through new 
technologies that conserve energy and protect the environment. Through 
a coordinated program of R&D;, outlined in this legislation, we can 
achieve these goals without sacrificing economic growth.
    Currently, alternate and renewable sources of energy account for 
about 7 percent of energy use in the United States, and about 4 to 5 
percent in Michigan. Michigan is also home to over 18,000 alternative-
fueled vehicles. The research included in the Chairman's bill will 
advance these energy options and make them more competitive. Some of 
the promising avenues of research include biofuels and biodiesel, 
photovoltaics, wind energy, and fuel cells, each of which has 
tremendous future potential.
    As Chairman of the Science Committee's Research Subcommittee, I 
have been looking at ways to unleash the best scientific minds to 
realize the full potential of alternate technologies. For example, I 
believe that crop plants can play a greater role in meeting the 
Nation's energy needs by providing increased supplies of clean, 
renewable fuels and offering new opportunities for America's farmers. 
That is why I am very pleased that this legislation supports increases 
for the science and enabling technologies that will advance this 
important energy option and that it also recognizes the important role 
that plant genomics can play in making bioenergy work.
    Research authorized in this legislation will also continue to 
improve the efficiency and reduce the environmental impact of existing 
technologies. In my home state of Michigan, 80 percent of our 
electricity needs are currently supplied by coal. Coal has many 
benefits, but it also has environmental drawbacks. I am particularly 
pleased that the chairman's bill contains a ten-year authorization for 
clean coal technologies. America has abundant reserves of coal--enough 
for hundreds of years. We need to figure out how to tap into this 
resource in the way that protects the environment and keeps energy 
affordable.
    Nuclear power--which accounts for 20 percent of the nation's 
electricity generation--is an important energy source that produces 
nearly zero greenhouse gas emissions but generates waste that 
constitutes a serious, long-term, environmental and health concern. 
Research, such as that supported in this legislation, may significantly 
reduce this concern and help us to achieve the full potential of 
nuclear power. I am concerned that the U.S. is in danger of losing 
international leadership in nuclear technologies and the research 
capabilities needed to regain that leadership. As of 2001, the supply 
of four-year trained nuclear scientists is at a 35 year low, with only 
28 U.S. universities operating research and training reactors. Within 
the next five years, 25 to 30 percent of the Nation's nuclear workforce 
are eligible to retire (76% at the National Labs), and half of those 28 
research reactors' licenses will expire. That is why I am very please 
to note the strong support in this legislation for nuclear R&D; and for 
the education and training of the next generation of nuclear scientists 
and engineers.
    This legislation supports the President's vision for a broad 
portfolio of energy options for the future by making traditional 
sources of energy more efficient and less polluting, by making 
renewable sources of energy more competitive, and by educating and 
training the next generations of scientists and engineers who will keep 
us moving forward.
    I am pleased to have contributed to this legislation, I am pleased 
to support this legislation, and I urge my colleagues to support it as 
well.
                                 ______
                                 
                 Opening Statement of Hon. Judy Biggert
    Thank you, Mr. Chairman. I appreciate this opportunity to help 
shape a very important portion of much-needed comprehensive energy 
legislation. H.R. 2460, the Comprehensive Energy Research and 
Technology Act is certainly a step in the right direction.
    This committee's consideration of this legislation is quite timely. 
Just yesterday, the news media in Chicago and around the nation was 
questioning the need for a national energy policy in light of declining 
gas prices nationwide and fewer rolling blackouts in California.
    Fortunately, I had an opportunity to address that and many other 
energy issues this week at a townhall meeting in my district that was 
attended by Energy Secretary Spencer Abraham.
    Our answer? A National Energy Policy is still urgently needed.
    Our energy demand has increased 47% over the past 30 years, and yet 
we have half as many oil refineries, static pipeline capacity, and 12 
different blends of gasoline in Illinois alone. We haven't built a 
large refinery in about 20 years and our current refineries are 
operating at 95 percent capacity. Fifty-two percent of the oil consumed 
in America has to be imported. Ninety-seven percent of the power plants 
currently under construction use the same fuel--natural gas.
    Unless we begin to address some of these fundamental problems, 
we're going to experience high and volatile energy prices every year 
into perpetuity.
    That's why we need a national energy policy, and that's why we need 
to pass this bill.
    I also want to thank you, Chairman Boehlert, the sponsor of this 
bill, for including in this comprehensive legislation provisions of my 
bill, H.R. 2126, the DOE University Nuclear Science and Engineering 
Act.
    Regardless of what you think about nuclear power, no one can say 
that we don't need nuclear scientists and engineers. For too long the 
perception has been that nuclear scientists and engineers are only 
needed to operate power plants. That couldn't be further from the 
truth.
    Nuclear science and engineering is a discipline vital not only to 
nuclear power generation, but to the nuclear navy, nonproliferation and 
national security, and the medical, biological, and industrial 
applications of radiation.
    The legislation I introduced takes a number of different approaches 
recommended by reports from the National Research Council, the 
Department of Energy, and its Nuclear Energy Research Advisory 
Committee. It strengthens four components essential to strong nuclear 
science and engineering programs--students, faculty, facilities and 
equipment, and research. Most importantly, this bill is bipartisan and 
bicameral, and similar to legislation introduced in the Senate by the 
Chairman of the Energy and Natural Resources Committee, Senator Jeff 
Bingaman.
    As a strong supporter of the DOE Office of Science, I also am very 
pleased that this bill contains a significant increase in the 
authorization for this important office. The DOE Office of Science is 
the nation's primary supporter of the physical sciences, providing an 
important partner and key user facilities in the areas of biological 
sciences, physics, chemistry, basic energy sciences, environmental 
science, mathematics, computing, and engineering. This federal R&D; 
funding goes to scientists and students not just at our national labs, 
but at our colleges and universities as well.
    I've been coordinating a letter of support to appropriators in 
support of the DOE Office of Science. Many of you on this committee 
have signed, and those of you who haven't, you still have time. Our 
hope is to increase funding for the DOE Office of Science in fiscal 
year 2002 closer to levels authorized in this legislation, which help 
us make the case.
    In closing, I want to again thank the chairman for providing me the 
opportunity to shape the nation's long-term energy policy.
    Thank you, Mr. Chairman. I yield back my time.
                                 ______
                                 
               Opening Statement of Hon. J. Randy Forbes
    Mr. Chairman, I would like to express my support for both bills 
before out Committee today--the Comprehensive Energy Research and 
Technology Act and the Voting Technology Standards Act.
    Given the events of last November in certain areas of Florida, 
there's hardly a state in the nation that is not looking for ways to 
ensure that their voting technologies are up-to-date and their voters 
know how to use them. The Voting Technology Standards Act would give 
the states some independent and expert guidance during this exercise. 
That guidance will come from a commission that draws on the experiences 
of state and local election officials as well as the expertise of those 
involved with the emerging voting technologies. Most important, 
perhaps, is that the decision on what to do with this advice and 
guidance is left to the states, so that they may fit the standards to 
the needs of their voters.
    The same commission would also develop technical testing 
specifications for labs to use in certifying that voting systems meet 
the standards. A recent study by a team of scientists from the 
Massachusetts Institute of Technology (MIT) and the California 
Institute of Technology (Caltech) determined that there are a variety 
of technical problems that continue to plague many of our voting 
systems. And, as more and more states rely upon computer-based systems 
or other advanced systems for voting, it becomes increasingly important 
that we stay out in front of the technologies to ensure that we can 
meet problems head-on before, or at least as, they occur.
    I also want to express my support for the Comprehensive Energy 
Research and Technology Act. Though energy literally makes the engines 
of our economy run and literally ensures our national security, we have 
been for far too long without a comprehensive and long-term national 
energy policy. Earlier this year, the Vice President and a panel from 
the President's Cabinet released a thorough package of recommendations 
to establish a national energy policy.
    The plan's list of 105 recommendations includes a sensible balance 
of proposals to improve conservation, to increase our domestic supply 
of energy, and to strengthen our international energy sources. It is a 
fair and responsible proposal, and I am pleased that this Committee 
could be a part of it by passing the Comprehensive Energy Research and 
Technology Act.
    This bill includes provisions to improve our research efforts on a 
variety of fronts, including renewables, clean coal, biomass, and 
nuclear power. It also helps localities to purchase alternative fuel 
vehicles and encourages conservation programs. It is a sound bill that 
leaves no stone unturned in our national search for a comprehensive 
energy policy.
                                 ______
                                 
                 Opening Statement of Hon. Lynn Woolsey
    Mr. Chairman, today we have an opportunity to address the future 
energy needs of our country, and determine the direction of DOE's 
research, development and demonstration programs must take. Those 
around this dais have varying visions of what they want our energy 
future to look like.
    As a Californian, and a Member from one of the most environmentally 
conscious districts in the country, my time in Congress has focused on 
an energy future that relies increasingly on energy sources that are 
renewable and minimize impacts on our environment.
    That's why I introduced H.R. 2324, the Renewable Energy and Energy 
Efficiency Act. H.R. 2324 lays out the goal that DOE R&D; programs 
enable 20 percent of the energy in the U.S. to be generated from non-
hydro renewable energy sources by 2020.
    My concern with President Bush's budget, and the base bill we're 
marking up today, is that they did not adequately fund renewable 
programs as aggressively as we need to in order to meet this 20/20 
goal. Also, I've expressed concern about the funding balance between 
renewable sources because it's important that we make new investments 
in all renewables. And, because you and I--as well as Subcommittee 
Chairman Bartlett--have long agreed on the crucial role of renewables 
in our energy future, I'm very pleased that our discussions were able 
to result on the higher funding levels that are a part of this 
Manager's amendment.
    Also, Mr. Chairman, your interest and support--again, as well as 
Chairman Bartlett's--is much appreciated toward making the funding 
priorities for energy efficiency and conservation measures a reality. 
One area I wish we had been able to reach agreement on is the area of 
aeronautic R&D; on energy efficiency. However, my amendment will lay out 
my concerns about this. But please know I am excited that the Manager's 
amendment does include the initiative for the next generation of 
advanced lighting technologies. This represents a great opportunity to 
lower our energy consumption.
    However, Mr. Chairman, I must state for the record that I have an 
overarching concern about the increased level of funding in today's 
bill for nuclear R&D.; I'm concerned about this Committee making an 
industry many believe we should move away from a priority. While the 
industry claims that nuclear power is safe, the fact remains that 
people are skeptical--especially if it's in their backyard, or 
transported through their community. Despite massive financial and 
scientific investments--not to mention a new PR campaign--the facts 
about nuclear power are unchanged. It's dangerous, expensive and has 
not delivered on decades-old promises of energy security and 
independence.
    The time has come to move away from nuclear power for many reasons: 
the danger of radioactive contamination; the unsolved problem of 
nuclear waste; the threat of an accident; the threat of air and water 
pollution; resource depletion; and nuclear proliferation. The two 
amendments I have at the desk further address my concerns about the 
pyroprocessing provision and the funding for Generation Four nuclear 
technologies in the bill.
    Mr. Chairman, despite my disagreement on this bill's funding levels 
for nuclear energy, overall I commend you for working with our 
Democratic Members on the Committee to find common ground on the 
breadth and depth of our interests. That's why I support this Manager's 
Amendment and favorably reporting this bill out of Committee. I urge my 
colleagues to as well.
    With that, thank you. I yield back the balance of my time.
                                 ______
                                 
                 Opening Statement of Hon. Zoe Lofgren
    Chairman Boehlert and Ranking Member Hall, I commend you for your 
bipartisan teamwork that has brought our committee to today's markup of 
the Comprehensive Energy Research and Technology Act (H.R. 2460).
    This legislation addresses the nation's short-term and long-term 
energy research and development needs.
    H.R. 2460 reflects our view that there is no single solution to 
providing safe, affordable energy that is benign to the environment. 
This bill seeks to advance conservation and renewable energy as well as 
to make fossil fuels more efficient.
    With the energy challenges in California and the West, it is my 
hope that this legislation will lead to some future relief for my 
constituents who currently worry about rolling blackouts and have 
little confidence in the reliability of the electric grid.
    I am particularly grateful to Chairman Boehlert and Representative 
Hall for their support and inclusion of the Fusion Energy Sciences Act 
(H.R. 1781) into the legislation that we are making up.
    Rep. George Nethercutt and I introduced this bipartisan bill in 
May. Forty-seven House Members, including 15 Science Committee Members 
have cosponsored our bill.
    This legislation will provide the Department of Energy's Fusion 
Energy Sciences program with the resources it needs to continue the 
advancement of fusion from the laboratory to the electric powerhouse.
    This process will take several decades, but our bill expedites 
fusion research and development and is goal-oriented by requiring the 
Energy Secretary to draft a plan for a ``burning plasma experiment.''
    The Secretary's Energy Advisory Board (SEAB), Fusion Energy 
Sciences Advisory Committee (FESAC) and National Research Council have 
been active in making recommendations to promote fusion research. Our 
legislation adopts several of these recommendations--including making a 
greater federal investment in fusion and broadening fusion's scientific 
base.
    In another matter, I have reviewed the Managers' amendment as it 
applies to offshore drilling.
    It is my understanding that the language applies to offshore 
drilling technology only and does not open up any new drilling sites 
off the U.S. Coast.
    While that may be the author's intent, I will offer an amendment to 
clarify the language so there will be no mistake that it applies to 
drilling technology only and does not open new offshore drilling sites 
beyond what is now permitted.
    It is my hope that all Members will support my clarifying 
amendment. I look forward to this markup and to a favorable outcome 
that provides adequate support and direction for energy research and 
development.
                                 ______
                                 
                Opening Statement of Hon. Bob Etheridge
    Mr. Chairman, I have an amendment to offer.
    I want to offer this amendment to raise an issue of great concern 
to the people of my district, indeed to all the people of North 
Carolina--oil and gas exploration off the coast of my state.
    When the Cheney Task Force issued its report, Chapter Five included 
a recommendation that the Bush Administration re-examine the ``current 
federal legal policy regime'' to determine if changes are needed 
regarding energy-related activities and the siting of energy facilities 
in the coastal zone and on the Outer Continental Shelf (OCS).''
    To the people of North Carolina, this sounded like a proposal to 
consider drilling off the coast of North Carolina.
    Last month in this very room, I asked Energy Secretary Spencer 
Abraham to clear up any confusion regarding the Administration's 
intentions for oil and gas exploration off North Carolina's coast.
    I was pleased by his statement that the Administration would not 
risk fouling the pristine beaches of the Outer Banks by lifting the 
moratorium on oil and gas drilling in the Atlantic.
    Today we have a bill to promote energy research, a laudable goal. 
The bill includes a section dealing with research in oil and natural 
gas exploration and production, again a laudable goal.
    However, my amendment would prohibit any funds under this bill from 
being used toward the goal of drilling for oil or gas off the coast of 
North Carolina.
    The people of North Carolina do not want drilling. We want to avoid 
that at all costs. We don't want to wake up to oil lapping up on the 
beaches in the shadow of the Cape Hatteras Lighthouse.
    This amendment seeks to prevent that disaster.
    I understand the Chairman and Ranking Member would prefer to 
address this issue on a more appropriate legislative vehicle, and I 
respect that.
    For that reason, Mr. Chairman, I will agree to your request and ask 
unanimous consent to withdraw my amendment.
    I thank the Chairman for his indulgence and yield back the balance 
of my time.
                                  _____
                                 
                  Opening Statement of Hon. Mark Udall
    Mr. Chairman, I rise in support of the manager's amendment and this 
legislation.
    After all the sharp rhetoric we've been hearing on the topic of 
energy in recent months, I am glad that we have this opportunity today 
to rise above recrimination and get to the heart of the problem.
    We all know part of the problem involves an over-dependence on a 
single energy source--fossil fuels--to the detriment of our 
environment, our national security, and our economy. If there is a 
silver lining to the ``crisis'' we're experiencing, it is that we are 
being forced to think about balancing our energy portfolio and 
increasing the contributions of alternative energy sources.
    As the chairman knows, clean energy is something that is important 
to me, and it is the reason I took on the responsibilities of lead co-
chair of the House Renewable Energy and Energy Efficiency Caucus in 
this Congress.
    So I am very pleased with the generous authorization levels 
included in the manager's amendment for renewable energy and energy 
efficiency R&D.; I hope we will all work hard to retain these funding 
levels as the bill makes its way through the House.
    Mr. Chairman, I want to commend you for the way you and your staff 
worked with me and other Democratic Members to shape the bill and this 
manager's amendment. Like you, I believe that working in a bipartisan 
manner is critical to the development of good public policy.
    It was in this bipartisan spirit, Mr. Chairman, that you and I 
drafted H.R. 2518, the Clean Green School Bus Act. I am very glad that 
it is included as part of this manager's amendment.
    There are nearly half a million school buses in this country. Most 
of them are aging diesel vehicles. And studies show that children 
riding inside those buses risk inhaling too much toxic diesel exhaust.
    The health of our children should be our overriding concern. But 
our school districts have a problem because money needed for new and 
cleaner buses is also needed for school programs. Schools shouldn't be 
forced to choose between a quality education and the health of our 
children.
    That's why I support authorizing a federal investment in these 
alternative fuel buses. This provision of the manager's amendment 
authorizes grants to help school districts replace aging diesel 
vehicles with clean, alternative fuel buses. This program will not only 
benefit school districts, but even more importantly, it will benefit 
the health of our children and the environment.
    I am also pleased that the manager's amendment includes my bill, 
the Distributed Power Hybrid Energy Act and adds to it good provisions 
developed by Chairman Boehlert, Mr. Nethercutt, and Mr. Wu.
    My bill would direct the Secretary of Energy to develop and 
implement a strategy for research, development, demonstration, and 
commercial application of distributed power hybrid energy systems.
    Distributed power can avoid the need for and cost of additional 
transmission lines and pipelines, reduce associated delivery losses, 
and increase energy efficiency. In addition, distributed power can 
provide insurance against energy disruptions and expand the available 
energy service choices for consumers.
    ``Hybrid'' distributed power systems--systems that combine two or 
more renewable source or a renewable and a fossil source--enable us to 
offset the weaknesses of our technology with the strengths of another. 
For example, in a hybrid system, the intermittence of wind power can be 
offset by the reliability and affordability of power generated by a 
microturbine. The additional benefit of such a combination is cleaner 
generating capacity. So two or more systems working together can 
provide synergistic benefits that one system alone cannot.
    Distributed generation represents the most significant 
technological change in the electric industry in decades. Knowing this, 
it makes sense to focus our R&D; priorities on distributed power hybrid 
systems that can both help improve power reliability and affordability 
and bring more efficiency and cleaner energy resources into the mix.
    So again, I thank the Chairman, the Committee staff, and my 
colleagues who contributed provisions to this amendment for working 
with me to include this important distributed energy subtitle.
    I'll conclude by noting that this bill isn't perfect. No bill can 
be perfect for everyone. I have strong reservations about some 
provisions in the bill, such as those related to new nuclear research 
and clean coal. But on balance, I believe this bill is a good product 
that deserves the support of the Committee.
    Thank you, Mr. Chairman.
                                 ______
                                 
                   Opening Statement of Hon. David Wu
    Mr. Chairman, I would like to commend both you and Ms. Woolsey on 
working together to bring this bipartisan bill this far. Both you and 
Chairman Boehlert have been incredibly accommodating during the process 
and helpful in accepting many of our ideas. This committee can address 
a technical, but very important energy problem. While this committee 
has worked on important issues such as renewable energy research and 
how best to promote energy efficiency, this issue is a technical but 
important one.
    When a power generator or a power marketer wants to place power on 
or take power off of any of the national energy systems, it can be 
difficult because there is no national standard on the equipment used 
to connect to the grid. In essence, this is like the maker of every nut 
and bolt in America choosing their own pitch angle--no two sets of nuts 
and bolts would work with each other. Imagine the chaos, and costs. The 
IEEE (Institute of Electrical and Electronics Engineers) has been 
working for two years on creating a national standard. While its close, 
the time is now for the National Institute for Standards and Technology 
to act.
    My amendment, which has been accepted by the Chairman, instructs 
NIST to consult with the IEEE to create a national equipment standard 
in the next two years. By standardizing the equipment used, we can 
increase efficiency, thus lowering the cost of energy generation and 
transmission and give another incentive for independent energy 
generators. The lack of an equipment standard is just one piece of the 
problem.
    I would also like to urge my colleagues on the Energy and Commerce 
Committee, who have jurisdiction over the Federal Energy Regulatory 
Commission to encourage FERC to establish a national contractual 
standard on how to connect to the grid. Once both of these pieces are 
dealt with, our national systems will be more efficient and more 
productive.
    Again, thank you, Mr. Chairman, for including my amendment in the 
manager's amendment and I yield back the balance of my time.
                                 ______
                                 
                 Opening Statement of Hon. Jim Matheson
    Mr. Chairman, I want to commend this committee for the excellent 
bipartisan bill that we are considering today. This is an example of 
the sort of balanced, bipartisan approach we must take on all aspects 
of energy policy, and I am glad to have been a part of this process.
    The legislation we are considering today fills a critical role in 
national energy policy. No approach to energy policy would be forward-
thinking if it failed to focus on energy research and development. No 
energy policy can meet the long-term demands that will be faced across 
the nation without making investments today in research. Perhaps even 
more notably, we cannot meet those long-term demands with a narrowly 
focused or skewed approach.
    This bill continues research in fossil fuels--it encourages the 
development of cleaner, safer, and more efficient technologies. It 
focuses on renewable energy sources, with new, rigorous goals and 
increased funding. It also furthers research into potential fuel 
sources and methods for energy distribution that may hold promise in 
the future. It provides for demonstration projects and greater 
commercial application of energy efficiency technologies. And, it 
includes research into the development of distributed energy 
generation.
    I am particularly pleased that this amendment includes my provision 
to enhance research and development in transmission technologies and 
efficiency. No matter what energy source we depend upon in the future, 
our ability to transmit the energy produced to consumers in an 
efficient and responsible manner will be critical. Increased efficiency 
can decrease the line loss associated with our current transmission 
system. Improvements in transmission technology, transmission 
efficiency, and transmission infrastructures will be essential to a 
comprehensive national energy policy.
    Again, I want to applaud the efforts of this committee to craft 
energy legislation focused on the essential role of research and 
development and balanced between multiple sources and technologies.

    Chairman Boehlert. The bill is now open for discussion.
    I ask unanimous consent that the bill be considered as read 
and open to amendment at any point. I ask the members to 
proceed with the amendments in the order of the roster.
    The bill is now open for amendments.
    The first amendment on the roster is an amendment offered 
by Mr. Hall. I ask unanimous consent that the amendment be 
considered en bloc.
    The Clerk will report the amendment.
    The Clerk. The en bloc amendment to H.R. 2460, offered by 
Mr. Boehlert and Mr. Hall of Texas.
    [En Bloc Amendment to H.R. 2460 follows:]
    
    
    Chairman Boehert. I ask unanimous consent to dispense with 
the readings. Without objection, so ordered.
    I will now ask Dr. Watson, staff director of the Energy 
Subcommittee, to explain the amendment. Dr. Watson, the 
microphone is yours.
    Dr. Watson. Thank you, Mr. Chairman. The first 14 pages, 
roughly, of the en block amendment is to replace the goal 
section that the bill was introduced. The idea here is to set 
more explicit goals for each of the programs, so that the 
taxpayers will be sure of getting their money's worth out of 
the programs.
    The second, new section 7, replaces the old section 7, 
which address the balance of funding priorities, and is 
basically a sense of Congress that the ratios among the various 
R&D; programs that are established in this bill should be 
maintained, and in the out years, we ask the Secretary of 
Energy and the Administrator of EPA to send us a report and 
tell us what the result was if the programs got out of balance.
    The third, the next page, there are some, two amendments, 
to the alternative fuel vehicle bill, which is Subtitle A, and 
Title I. It has expanded the definition of alternative fuel 
vehicles to accommodate ethanol, propane, and there is also a 
provision in here which allows ultra-low sulfur diesel vehicles 
to become part of the program.
    There is a, with regard to the ultra-low sulfur diesel fuel 
vehicles, there is a minimum of 20%, and grant funding and no 
more than 25% goes to the diesel vehicles.
    Subtitle D is, or the next section, on page 18, is a 
replacement for the current distributed power hybrid energy 
systems, distributed energy resources provisions as the bill 
was introduced. It basically expands and elaborates on what we 
said, what was in the bill as it was introduced.
    There is a new Subtitle C, beginning on page 25, through 
page 32 of the en bloc amendment. It basically provides our 
research and development demonstration. It establishes a 
research and development demonstration program through the 
secondary use of batteries that are used as transportation for 
primarily electric cars and buses.
    We will go now to page 33, we inserted the new Subtitle E, 
the National Building Performance Initiative. It requires the 
director of the Office of Science and Technology Policy, to 
establish an interagency group to address energy conservation 
R&D; and related issues, with regard to buildings.
    Subtitle F is a new title, Green School Buses, which 
essentially establishes a five year, 300 million dollar total 
grant program for school buses, for alternative fuel school 
buses and ultra-low sulfur diesel school buses, to replace the 
current fleet of school buses throughout the Nation's schools.
    Beginning on page 42 of the en bloc, we have a new subtitle 
G, the Next Generation Lighting Initiative, which is to 
establish a research and development program, primarily on 
innovative lighting technologies, and particularly it addressed 
some of the new developments in solid state lighting, such as 
light emitting diodes.
    We have, on page 46, there are a few amendments to the 
bioenergy provision of the bill. We have further elaborated the 
definitions of bioenergy, biofuel, biopower, et cetera. We have 
also included, as a--specifically that the program should 
consult with the National Science Foundation, with regard to 
Plant Genome Program.
    We have introduced, beginning on page 47, a new subtitle C, 
Transmission Infrastructure Systems, which basically authorizes 
some, and better defines some ongoing programs in the 
Department of Energy with regard to superconductivity, 
transmission lines, generators, grid reliability, et cetera.
    We have also, page 49, we have increased the authorizations 
for fiscal years 2002 through 2004. The original bill had $475 
million, in 2002. This has been increased to $535 million.
    There was a $585 million for 2003, that has been increased 
to $639 million, and we have gone in 2004 from $620 million to 
$683 million. We have also included, within the renewables, a 
section to carry out a research program on wave power electric 
generation. We have also established a new program----
    Chairman Boehlert. Well, this is an important subject 
matter, I just wanted to make sure everyone feels comfortable 
in this. A lot of work has gone into it.
    Would you move to waive the balance of the reading?
    Mr. Hall. Mr. Chairman, I would move that we waive the 
balance of the reading.
    Chairman Boehlert. Any objection?
    Dr. Watson. Oh, thank you.
    Chairman Boehlert. The Chair recognizes Mr. Costello for 
five minutes.
    Mr. Costello. Mr. Chairman, I would like to discuss the 
clean coal portion of the manager's amendment and to thank 
Chairman Boehlert for developing this language with me. I am a 
strong supporter of the President's decision to fund a 10-year 
clean coal commercial demonstration program and have introduced 
legislation to implement that decision. Before my negotiations 
with the Chairman, I had planned to introduce that legislation 
as an amendment to this bill. However, I feel we have reached a 
reasonable compromise in the manager's amendment and no longer 
plan to offer my amendment today.
    In 1998, the Coal Utilization Research Council, CURC, 
developed a technology roadmap that established cost, 
efficiency, and environmental performance targets for coal 
generation through the year 2020.
    That roadmap is currently the definitive statement on what 
we can expect from coal through an aggressive program of 
research, development, and commercial demonstration. Our 
compromise language brings the legislation before us into 
conformity with industry expectations and capabilities and 
recognizes the changes in coal technology expected over the 
next two decades.
    As in the CURC report, our bill now allocates 80 percent of 
funding under the clean coal program to advanced coal 
gasification and carbon sequestration technologies. The 
legislation expects that as the years pass, newly funded 
projects in this category will meet more stringent standards on 
a trajectory to achieve the CURC report's goals for 2020 on a 
timely basis. The remainder of the funds will be used for 
conventional clean coal projects, on a similar trajectory 
designed to reach the CURC report's 2010 goals on time.
    Since this is a commercial demonstration rather than a 
research program, I feel that it is most appropriate for us to 
be using the industry's best estimates of its future 
capabilities, and I applaud the Chairman for his concurrence in 
this decision, and others on the committee who have worked with 
us in reaching this agreement.
    So, Mr. Chairman, I want to thank you and your staff for 
your cooperation and your understanding. Your staff and our 
staff, I know in the last couple of evenings, worked until the 
wee hours of the morning, trying to reach this agreement, and I 
want to thank the staff and personally thank the Chairman, and 
I want to say that this is a good bill, and I intend to support 
it.
    [Statement of Jerry Costello follows:]
               Prepared Statement of Hon. Jerry Costello
    Mr. Chairman, I would like to discuss the clean coal portion of the 
manager's amendment and to thank Chairman Boehlert for developing this 
language with me. I am a strong supporter of the President's decision 
to fund a 10 year clean coal commercial demonstration program and have 
introduced legislation to implement that decision. Before my 
negotiations with the Chairman, I had planned to introduce that 
legislation as an amendment to this bill. However, I feel we have 
reached a reasonable compromise in the manager's amendment and no 
longer plan to offer my amendment today.
     In 1998, the Coal Utilization Research Council (CURC) developed a 
technology roadmap that established cost, efficiency, and environmental 
performance targets for coal generation through the year 2020. That 
roadmap is currently the definitive statement on what we can expect 
from coal through an aggressive program of research, development, and 
commercial demonstration. Our compromise language brings the 
legislation before us into conformit and industry expectations and 
capabilities and recognizes the changes in coal technology expected 
over the next two decades. As in the CURC report, our bill now 
allocates 80 percent of funding under the clean coal program to 
advanced coal gasification and carbon sequestration technologies. The 
legislation expects that as the years pass, newly funded projects in 
this category will meet more stringent standards on a trajectory to 
achieve of the funds will be used for conventional clean coal projects, 
on a similar trajectory designed to reach the CURC report's 2010 goals 
on time. Since this is a commercial demonstration rather than a 
research program, I feel that it is most appropriate for us to be using 
the industry's best estimate of its future capabilities, and I applaud 
the Chairman for his concurrence in this decision.

    Chairman. Boehlert. Thank you very much. Anyone else care 
to be recognized?
    Ms. Woolsey. I don't want to be left out.
    Chairman Boehlert. Miss Woolsey.
    Ms. Woolsey. Well, Mr. Chairman, before we vote on the en 
bloc, I want to make sure that my amendment will be discussed, 
and I won't know if it is before the en bloc or afterwards.
    Chairman Boehlert. After.
    Ms. Woolsey. That is, okay. All right, thank you.
    Chairman Boehlert. Anyone else in rebuttal?
    Mr. Lampson.
    Mr. Lampson. Thank you, Mr. Chairman. I move to strike the 
last word, Mr. Chairman.
    Chairman Boehlert. No objection, so ordered, you are 
recognized for five minutes.
    Mr. Lampson. Thank you, Mr. Chairman. I was prepared to 
offer a responsible energy research and development 
demonstration program authorization and amendment today, to 
raise authorization levels; but instead, I am pleased that we 
were able to work together, and that you, Mr. Chairman, saw the 
wisdom of putting these programs on a healthy authorization 
path.
    And I wanted to take a moment to thank you for accepting my 
language. We now have authorization numbers for research and 
development programs restored to adequate levels, and 
authorizations in out years will now provide additional light. 
Funding levels will put oil and gas research programs on a path 
that will enable them to be increasingly productive in the 
years ahead.
    It is a part that the United States have a balanced energy 
research and development and demonstration program to enhance 
fossil energy. The research should aim for an increased 
efficiency, and provide cycles, using high temperature fuel 
cells, advanced gasification technologies and coal, and biomass 
to produce power and clean fuels.
    For offshore oil and natural gas resources we should 
investigate and develop technologies to extract methane 
hydrates in our Nation's coastal waters, and develop natural 
gas and oil reserves in the ultra-deep water of the central and 
western Gulf of Mexico.
    Research and development on ultra-deep water resource 
recovery should focus on improving the safety and efficiency of 
recovery and of sub-sea production technology used for 
recovery, while lowering costs.
    Once again, Mr. Chairman, I thank you for working with you, 
and I look forward to working with you for development of it 
still.
                Prepared Statement of Hon. Nick Lampson
    Thank you, Mr. Chairman. I was prepared to offer a fossil energy 
resource, development, and demonstration program authorization 
amendment today to raise authorization levels, but instead am pleased 
that we were able to work together and that you, Mr. Chairman, saw the 
wisdom in putting these programs on a healthy authorization path. I 
wanted to take a moment to thank you for accepting my language.
    We now have authorization numbers for research and development 
programs restored to adequate levels and authorizations in outyears 
will now provide additional money. Funding levels will put oil and gas 
research programs on a path that will enable them to be increasingly 
productive in years ahead.
    It is important that the United States have a balanced energy 
research, development, and demonstration program to enhance fossil 
energy. Research should aim toward increased efficiency of combined 
cycles using high temperature fuel cells, advanced gasification 
technologies for coal, and biomass to produce power and clean fuels. 
For offshore oil and natural gas resources, we should investigate and 
develop technologies to extract methane hydrates in our nation's 
coastal waters; and develop natural gas and oil reserves in the ultra-
deepwater of the Central and Western Gulf of Mexico. Research and 
development on ultra-deepwater resource recovery should focus on 
improving the safety and efficiency of recovery and of sub-sea 
production technology used for recovery, while lowering costs.
    Once again, thank you Mr. Chairman. I look forward to working with 
you through the development of this bill.

    Chairman Boehlert. Thank you very much. The Chair 
recognizes Miss Hart.
    Ms. Hart. Thank you very much. I have questions, but before 
I ask the questions, let me just say that I think that there is 
much of value in what we put together, and I support most of 
it, maybe all of it, but my two questions relate to off-shore 
oil drilling.
    On page 10 of this en bloc amendment, there is a provision 
relative to drilling in the coastal waters of the United 
States, as well as, specifically, central western Gulf of 
Mexico, and on page 7, subtitle C, it relates to ultra-deep 
water. My inquiry relates to whether, by removing these 
provisions, we would be expanding or advancing beyond where we 
are today, the state of ultra oil drilling. And we had an 
answer, but----
    Chairman Boehlert. You came to the right place, Dr. Watson, 
could you answer that?.
    Dr. Watson. Yes it is our understanding, it was not to 
expand, but rather to improve the technology. But it has 
nothing to do with expanding the area.
    Chairman Boehlert. Miss Hart? It is still not working yet, 
so----
    Ms. Hart. I'll shout.
    Thank you, Mr. Chairman. I want to congratulate you. As to 
the amendment, I was sort of part of it. I know a lot of 
members had a lot to add. I think it improved on what our goals 
are. It included a lot of what we said on Monday. We focused 
on, not only important things in my area, but important things 
in all.
    Chairman Boehlert. Thank you very much. The Chair 
recognizes Miss Jackson Lee.
    [Statement of Ms. Jackson Lee follows:]
             Prepared Statement of Hon. Sheila Jackson-Lee
    Chairman Boehlert and Ranking Member Hall, I would like to thank 
you for this opportunity for the House Science Committee to contribute 
in a substantive way to our country's National Energy Plan.
    I have prepared for consideration an amendment for inclusion into 
H.R. 2460, the Comprehensive Energy Research and Technology Act of 
2001. My amendment would create a new subtitle, and make necessary 
changes to subsequent subtitles in order to create a Secondary Electric 
Vehicle Battery Use Program in the Department of Energy.
    This new program is designed to demonstrate the use of batteries 
previously only used in transportation applications in secondary 
applications, including utility and commercial power storage and power 
quality. The program would also evaluate the performance of these 
batteries, including their longevity of useful service life and costs, 
as well as the required supporting infrastructure to support their 
widespread use.
    I found that at the ``end-of-useful-life'' of a battery system that 
is used in an electric vehicle (EV), that battery system still retains 
80% of its initial capacity. However, the battery system is no longer 
useful in the EV because it has lost power capabilities that are 
required to run the vehicle effectively. In many electric utility 
applications, only the capacity from a battery, not capability, is 
required. This situation presents an opportunity for furthering the use 
of electric vehicles while finding a secondary market for the batteries 
used for transportation purposes.
    The high vehicle prices for the initial series of electric 
vehicles, along with a lack of consumer familiarity and limited driving 
range, have greatly restricted consumer acceptance and prevent 
successful market penetration. In turn, manufacturers refuse to produce 
greater numbers of EVs, having reached conclusions that the costs are 
too high and the market too limited. The cycle of high costs and 
limited sales is broken only if costs are reduced and/or volume is 
increased dramatically. While it is estimated that prices for batteries 
begin to fall when the volume reaches 10,000 packs per year, auto 
manufacturers believe that volume alone cannot address the prohibitive 
costs of advanced technology batteries necessary to create consumer 
demand for EVs because the materials needed for such batteries (e.g., 
nickel) are expensive. Currently, there are a total of approximately 
4,000 EVs on U.S. roads.
    To assure volume sales of EVs, a dramatic reduction in the cost of 
batteries is required. An innovative approach to addressing this issue 
may be to ``extend'' the life--or value--of the batteries beyond 
vehicular use. Once the batteries have been ``used'' in a vehicle, 
there is an opportunity to refurbish, then ``re-use'' the batteries in 
a stationary application. For example, electric utilities could ``re-
use'' EV battery packs in peak shaving, transmission deferral, back-up 
power and transmission quality improvement applications. If 
successfully demonstrated for secondary, stationary-use applications, 
the effective price of battery systems are projected to make EVs more 
competitive.
    Preliminary studies have shown that if a secondary market is 
created that pays $100 to $200/kWh for EV batteries, the costs of such 
batteries for use in the first application, which was a vehicle, could 
be reduced to $100 to $150/kWh. This change in cost would bring the 
price point to where auto manufacturers believe is necessary to assure 
an affordable EV. The combination of values for the vehicular and 
stationary source uses likely would cover the cost of the battery pack, 
even at low volume production (estimated at $400kWh).
    I thank the Chair and Ranking member for their consideration of 
this amendment and look forward to working with the committee as we 
work to bring this legislation before the full House for consideration. 
Thank you.

    Ms. Jackson Lee. Thank you very much, Mr. Chairman. I was 
intending to offer an amendment dealing with the secondary 
electric vehicle battery unit. I believe as the Science 
Committee, we have the opportunity to look at all aspects of 
enhancing the Nation's energy policies. One of the issues that 
I raise and I, again, am not being redundant, want to add to my 
appreciation for the bipartisan efforts that we have tried to 
raise in this Committee that I think is in Board of Consensus 
on the National Energy Policy. Although minute, let me suggest 
to you that this particular provision that is now included in 
the odd block, deals with a secondary electric battery--vehicle 
battery program in the Department of Energy. This new program 
is designed to demonstrate the use of batteries previously only 
used in transportation applications and secondary applications 
including utilities and commercial power storage and power 
quality. The program would also evaluate the performance of 
these batteries, including their longevity of useful life and 
costs, as well as the required supporting infrastructure to 
support their widespread use.
    And I have found that at the end of useful life of a 
battery system that is used in an electric vehicle that the 
battery system still retained 80 percent of it's initial 
capacity. However, the battery system is no longer useful in 
the EV because it has lost power capabilities that are required 
to run the vehicle effectively. In many electric utility 
applications, only the capacity of the battery, not capability 
is required. This situation presents an opportunity for 
furthering the use of electric vehicles while finding a 
secondary market for the batteries used for transportation 
purposes.
    Now, I am not going to vision today because I have not done 
the research, Mr. Chairman. But as you well know, I live in a 
community that suffered 36 inches of rain in the last 2 months. 
In that, we saw many of our medical facilities shut down. I 
believe there is need to look for every opportunity to have 
alternative resources of energy before these kinds of crisis.
    Let me conclude by simply saying that--it was an important 
edition to the en bloc. And I also want to support the idea of 
opportunities for research in the fossil fuel area, which is 
included in the en bloc amendment. But I think that, again, the 
focus of the consensus is an energy plan. I yield back the 
balance of my time.
    Chairman Boehlert. Thank you very much. The Chair is 
pleased to announce that the wonders of modern science never 
cease. The microphones are now back on. Just in time for Mr. 
Etheridge's outstanding comments.
    Mr. Etheridge. Thank you, Mr. Chairman. I am grateful for 
the mikes and the comment. As you know, I had planned to offer 
an amendment, also, and I want to comment on it just briefly 
and then I think we can clear that up. It really deals with the 
amendment that Ms. Lofgren talked about a minute ago, a section 
in the bill. It deals with one of some concern to our folks 
because they were concerned about only glass-gas exploration 
off the coast of North Carolina. If you remember, we talked 
about when the Cheney task force issued a report just recently, 
in Chapter 5 of that report, it talked about the administration 
re-examining ``current federal legal policy regime to determine 
if changes are needed regarding energy related activities and 
deciding of energy facilities in the coastal zones and on the 
outer continental shelf.'' And to the people of North Carolina, 
that sounded like a proposal to start drilling off the coast of 
Eastern North Carolina. That has been a very contentious thing 
for a long time. In this very room last month, Energy 
Secretary, Spencer Abraham, at a question I raised, helped 
clear up any confusion, I think, regarding the administration's 
contention or intention on oil and gas exploration in North 
Carolina. I am very pleased with his comment that the 
administration did not plan to lift the moratorium to drill in 
the pristine waters off North Carolina's Outer Banks. Today in 
this bill, as we just talked, and I want to make sure that I 
understand it because I think the Energy Research is a very 
laudable goal, which I support. And it includes a section 
dealing with research in oil and natural gas exploration and 
production. Again, a goal which I think is a very laudable 
goal. However, the amendment that I had proposed to offer would 
make sure it did not happen off the pristine coast of North 
Carolina and the Continental Shelf. And I hope, understand, Mr. 
Chairman, that that--from the comment I just heard, that is not 
the case.
    Chairman Boehlert. That is exactly right.
    Mr. Etheridge. Thank you, Mr. Chairman.
    Chairman Boehlert. My understanding is the same as yours, 
as a result of Secretary Abraham's testimony before this 
Committee and subsequent statements by Secretary Norton. Who 
else seeks recognition? Mr. Udall?
    Mr. Udall. Thank you, Mr. Chairman. I would ask unanimous 
consent to include my entire statement in the record and I 
will----
    Chairman Boehlert. Without objection, so ordered.
    Mr. Udall [continuing]. Shorten my statement.
    [Statement of Mark Udall follows:]
                 Prepared Statement of Hon. Mark Udall
    Mr. Chairman, I rise in support of the manager's amendment and this 
legislation.
    After all the sharp rhetoric we've been hearing on the topic of 
energy in recent months, I am glad that we have this opportunity today 
to rise above recrimination and get to the heart of the problem.
    As we all know, part of the problem involves an over-dependence on 
a single energy source--fossil fuels--to the detriment of our 
environment, our national security, and our economy. If there is a 
silver lining to the ``crisis'' we're experiencing, it is that we are 
being forced to think about balancing our energy portfolio and 
increasing the contributions of alternative energy sources.
    As the chairman knows, clean energy is something that is important 
to me, and it is the reason I took on the responsibilities of lead co-
chair of the House Renewable Energy and Energy Efficiency Caucus in 
this Congress.
    So I am very pleased with the generous authorization levels 
included in the manager's amendment for renewable energy and energy 
efficiency R&D.; I hope we will all work hard to retain these funding 
levels as the bill makes its way through the House.
    Mr. Chairman, I want to commend you for the way you and your staff 
worked with me and other Democratic Members to shape the bill and this 
manager's amendment. Like you, I believe that working in a bipartisan 
manner is critical to the development of good public policy.
    It was in this bipartisan spirit, Mr. Chairman, that you and I 
drafted H.R. 2518, the Clean Green School Bus Act, I am very glad that 
it is included as part of this manager's amendment.
    There are nearly half a million school buses in this country. Most 
of them are aging diesel vehicles. And studies show that children 
riding inside those buses risk inhaling too much toxic diesel exhaust.
    The health of our children should be our overriding concern. But 
our school districts have a problem because money needed for new and 
cleaner buses is also needed for school programs. Schools shouldn't be 
forced to choose between a quality education and the health of our 
children.
    That's why I support authorizing a federal investment in these 
alternative fuel buses. This provision of the manager's amendment 
authorizes grants to help school districts replace aging diesel 
vehicles with clean, alternative fuel buses. This program will not only 
benefit school districts, but even more importantly, it will benefit 
the health of our children and the environment.
    I am also pleased that the manager's amendment includes my bill, 
the Distributed Power Hybrid Energy Act, and adds to it good provisions 
developed by Chairman Boehlert, Mr. Nethercutt, and Mr. Wu.
    My bill would direct the Secretary of Energy to develop and 
implement a strategy for research, development, demonstration, and 
commercial application of distributed power hybrid energy systems.
    Distributed power can avoid the need for and cost of additional 
transmission lines and pipelines, reduce associated delivery losses, 
and increase energy efficiency. In addition, distributed power can 
provide insurance against energy disruptions and expand the available 
energy service choices for consumers.
    ``Hybrid'' distributed power systems--systems that combine two or 
more renewable sources or a renewable and a fossil source--enable us to 
offset the weaknesses of one technology with the strengths of another. 
For example, in a hybrid system, the intermittency of wind power can be 
offset by the reliability and affordability of power generated by a 
microturbine.
    The additional benefit of such a combination is cleaner generating 
capacity. So two or more systems working together can provide 
synergistic benefits that one system alone cannot.
    Distributed generation represents the most significant 
technological change in the electric industry in decades. Knowing this, 
it makes sense to focus our R&D; priorities on distributed power hybrid 
systems that can both help improve power reliability and affordability 
and bring more efficiency and cleaner energy resources into the mix.
    So again, I thank the Chairman, the Committee staff, and my 
colleagues who contributed provisions to this amendment for working 
with me to include this important distributed energy subtitle.
    I'll conclude by noting that this bill isn't perfect. No bill can 
be perfect for everyone. I have strong reservations about some 
provisions in the bill, such as those related to new nuclear research 
and clean coal. But on balance, I believe this bill is a good product 
that deserves the support of the Committee.
    Thank you, Mr. Chairman.

    Mr. Udall. I wanted to also join my colleagues on both 
sides of the aisle saying thanking you and congratulating you 
in working together with all of us to craft, I think, a very 
important and significant piece of legislation. In particular, 
I wanted to acknowledge the so-called Clean Green School Bus 
Act and--that you and I drafted and introduced just separately. 
And I am glad it is included in this Manager's Amendment. And 
when we talk about Clean Green, we are not talking about the 
color of the school buses, but we are talking about the 
performance characteristics we hope that future school buses 
will have. And this is in large part, not only about the 
environment, but it is about the health of our children, who we 
have learned they are exposed to some pretty toxic fumes from 
the school buses that are now on the roads. And this would make 
significant investment in changing the characteristics of those 
school buses.
    Chairman Boehlert. It is an outstanding program. I was 
pleased to work cooperatively with you on it.
    Mr. Udall. And we both, I know, think this is something 
that will be good for our children and good for the 
environment. Secondly, I want to mention the Distributed Power 
Hybrid Energy Act, which is a bill I introduced and it has 
been, I think, improved by provisions that you have introduced 
and Mr. Nethercutt and Mr. Wu. And it would direct the 
Secretary of Energy to develop and implement a strategy for 
research, development, demonstration and commercial application 
of distributed power hybrid energy systems. Hybrid systems 
combine 2 or more renewable sources or a fossil fuel source and 
a renewable source and it lets us offset the weakness of one 
technology with the strengths of another. So a good example is 
if you have a wind power system and you have a micro turbine 
that backs it up, you have a system that compliments itself 
when one system is down or not able to be utilized.
    So in the end, I want to thank you again for your good work 
and I want to express my support for this important Manager's 
Amendment. I yield back my time.
    Chairman Boehlert. The Chair recognizes Mr. Baird.
    Mr. Baird. Thank you, Mr. Chair. I think my question was 
answered in the response to Mr. Etheridge. But I would share 
his concern. The language of this seems somewhat vague and it 
talks about developing resources, but I--if it is a research 
enterprise, I am comfortable with it. But if it is to expand 
development, I would have some concerns. Thank you very much.
    Ms. Lofgren. Would the gentleman yield?
    Chairman Boehlert. Ms. Lofgren?
    Ms. Lofgren. I wonder--and I thank the gentleman for 
yielding. Whether it might be possible--I mean, we know what we 
mean in this room today because we are talking about it. But 
whether we might by unanimous consent put together some saving 
clause or clarification in the body of the bill so that when 
the bill leaves this wonderful chambers, everyone will know 
what we all agree on today and I would ask the Chairman at a 
suitable time whether he might consider that.
    Chairman Boehlert. We can deal with that, I think, 
adequately in the report. Counsel on your side advises that. I 
think we have a clear understanding. We will make it crystal 
clear in black and white in the Committee Report. Mr. Matheson?
    Mr. Matheson. Thank you, Mr. Chairman. I really want to 
commend the Committee for this excellent bipartisan bill. And I 
think this is an example of what we need to do in the House in 
general in terms of tackling this energy issue, a balanced 
bipartisan approach really is the best path, I think, to 
finding some good solutions. And this legislation we are 
looking at today really fills a critical role because no 
approach to energy policy is going to be complete and have a 
long-term component without an emphasis on good research and 
development.
    And I am particularly pleased this amendment that we are 
looking at right now includes a provision that I had talked 
about, the enhanced research and development in electric 
transmission technologies and efficiency. No matter what energy 
source we depend upon in our future, our ability to transmit 
the electricity to consumers in an efficient, responsible 
manner will be critical. And increased efficiency will decrease 
line losses, it will improve our efficiency. I think it is 
critical that we look at any potential improvements to our 
transmission infrastructure. So this is one that may be a 
little bit below the radar screen compared to some of the other 
things we have been talking about. But I am pleased it is part 
of this amendment and I just wanted to yield back the balance 
of my time, but also thank the Chairman for this bill.
    Chairman Boehlert. Mr. Weiner.
    Mr. Weiner. Thank you, Mr. Chairman. And I, too, want to 
join in commending you and the Minority Members and staff. But 
if you were giving the--there appears to be no section by 
section summary of what the en bloc is. And I know we had 
stopped the reading of it. And frankly, the reading of it, I 
wasn't understanding terribly well as it was going, anyway. 
Would it be possible, given the fact that this was created in 
the final form very recently, to get sometype of a summary of 
what is in it for those of us who weren't working as actively on in the 
Subcommittee? Because it seems--and people I respect a great deal on 
this Committee are praising it, so by association, it is obviously an 
excellent bill. But given the many instances in the en bloc amendment 
that reference the base bill, would it be possible, perhaps, to get a 
little bit of what is in here?
    Chairman Boehlert. Yeah. And I think we can do that. Let me 
ask counsel. Just a moment. Let me point out that it was active 
participation, active participation on both sides. And on all 
sides of the various subjects under discussion. So let me--
Staff Director, is it possible for you to collaborate with--
    Mr. Weiner. Given how enthusiastic so many members are, I 
don't want to burden them with having to sit through a tutorial 
on this, but I mean, this document isn't terribly old, is my 
understanding. Right? And----
    Chairman Boehlert. About 20 minutes. How does that do?
    Mr. Weiner. Yeah. So I am--that means I am about 25 minutes 
behind everyone else. And, again, Mr. Chairman, I--as I said, I 
have got complete confidence in you and the minority members 
who worked on this. I wasn't as actively involved and I would--
great. Thank you.
    Chairman Boehlert. Mr. Staff Director, with Mr. Palmer 
looking over your shoulder, can you develop something in a 
hurry? Is there anyone else that seeks recognition? Because we 
would like to get on with the bill. If not, no further 
discussion, then all those in favor of the Manager's Amendment 
say aye. Aye. Those opposed, say no. The ayes have it. The 
Amendment is agreed to. The next amendment on the roster is an 
amendment by Ms. Woolsey. Amendment number 2.
 Amendment to En Bloc Amendment to H.R. 2460 Offered by Ms. Woolsey of 
                               California
    On page xx in the item related to page 51, line 13, strike ``page 
53, line 24, strike section 321, and redesignate the subsequent section 
accordingly'' and insert ``page 54, line 23, strike section 321 and 
322''.

    Ms. Woolsey. Mr. Chairman, I have an amendment at the desk. 
Shall I speak while it is being handed out? This is the Nuclear 
Spent Fuel----
    Chairman Boehlert. The Clerk will--let me just say the 
Clerk will report the amendment. And the unanimous consent to 
dispense with the reading. And without objection, so ordered. 
The gentle lady from California is recognized for 5 minutes.
    Ms. Woolsey. Mr. Chairman, this is a straight-forward 
amendment that would strike Section 322 from the bill. Let me 
begin by saying that my opposition to the Section 322 can't be 
whittled down to a nuclear versus anti-nuclear stance. One can 
support Title 3 and the ideals behind nuclear energy research 
initiative, nuclear energy technologies and the university 
nuclear science and engineering effort, but not support Section 
322.
    In essence, Section 322 has the potential for developing 
dangerous and costly technologies with no apparent 
justification or payoff. On an issue this complex and far 
reaching, I can't agree with a proposal that allows development 
of reprocessing technologies to move forward unchecked.
    As proposed, this program would fund R and D on advanced 
fuel cycle technologies with no conditions on whether that 
technology is cheaper, safer or more proliferation resistant 
than current reactors. As written, Section 322 does not limit 
the activities of the program to paper studies and roadmaps. 
That makes this a full-fledged R & D program dedicated to 
recycling spent nuclear fuel.
    What alarms me is that Section 322 opens the door for 2 
reprocessing or recycling technologies, pyroprocessing and the 
transmutation of waste. Unfortunately, these two promising 
technologies still face the same problems as traditional 
reprocessing.
    First of all, these technologies are not cost effective. 
Both are too costly now and indications are they will remain so 
for the foreseeable future.
    Secondly, while these reprocessing techniques may reduce 
the volume of radioactivity of the waste material, theprocesses 
are still very waste intensive. Processes which continue to call for 
reprocess waste to be eliminated or otherwise dealt with by some method 
of permanent disposal. This means that if we decide to reprocess high 
volumes of spent fuel, we will need storage both before and after 
reprocessing in different repositories.
    The energy challenges we are facing should not mean that we 
are open to supporting risky technologies. Instead, we need to 
invest in smart proven, cost effective energy technologies like 
renewables. Technologies that don't threaten our environment.
    I am certainly one who hopes that one day, we will be able 
to find a solution to the nuclear waste problem. However, I 
believe that this section would lead us down the path where we 
would have to deal with waste disposal and transportation 
nightmares. This is what makes Americans skeptical of nuclear 
energy. Just ask our friends in Nevada. And it does nothing to 
prevent the risk of the ultimate cost of advancing nuclear 
energy, namely a nuclear accident.
    I urge my colleagues to support my amendment. And I thank 
you and yield back the balance of my time.
    Chairman Boehlert. The Chair recognizes Dr. Ehlers.
    Mr. Ehlers. Thank you, Mr. Chairman. I am not a great fan 
of nuclear power, but I think it does have it's place in the 
future. I am also----I don't profess to be an expert on 
reprocessing. But I am not willing to reject it out of hand. As 
you well know, some other nations engage in nuclear 
reprocessing and obviously, they wouldn't do it if it didn't 
make sense. The reason we don't is that we had a previous 
President who just issued a blanket requirement that we not 
engage in any reprocessing.
    There are some things where reprocessing might be 
worthwhile. For example, reducing the intensity of the waste or 
perhaps the volume of waste. Or separating the waste into 
different half-life elements so that the 2 different wastes 
could be treated in different fashions and thereby increase or 
pardon me, decrease the cost.
    So I am not willing to simply say we shouldn't do any 
reprocessing at all. I think we have something to learn by 
looking at it. And looking at the chemistry of it and see 
whether or not we can't develop some reprocessing that is 
useful in this country for various purposes. I yield back.
    Ms. Woolsey. Would the gentleman yield? Oh. I am sorry. I 
had my microphone.
    Mr. Hoeffel. Thank you, Mr. Chairman. I would like to 
support the Woolsey amendment. I share the gentle lady's 
concern that this language would reverse a 24 year prohibition 
in this country against reprocessing reactor waste.
    When you reprocess reactor waste, that can create 
plutonium. And plutonium is, of course, the raw material of 
nuclear weapons. For 24 years, under 2 different Presidential 
directives, we have not permitted reprocessing. It is a policy 
that if we are going to change it, I think requires more notice 
and more debate than a small amendment and a very large energy 
bill coming through this Committee.
    The gentle lady's concerns about pyroprocessing are also on 
target because that suggests a return to breeder technology. 
The use of so called fast reactors that actually create more 
plutonium than they use. And the reason that we, for 24 years, 
have not allowed breeder research or reprocessing is because of 
the threat to the proliferation of nuclear weapons.
    This amendment has implications far beyond the scope of 
this bill or this committee. We are trying mightily around the 
world to stop the proliferation of nuclear weapons. If we are 
through this measure sort of unknowingly or in a back-handed 
way creating even more plutonium in the world market, we, I 
think, will be working against our efforts to stop 
proliferation of weapons around the world.
    I would urge support for the Woolsey amendment.
    Chairman Boehlert. The Chair recognizes Dr. Bartlett. The 
Chair will be prepared to have a statement and bring the matter 
to a vote.
    Mr. Bartlett. Thank you, Mr. Chairman. I would first like 
to note that there is nothing in this section of the bill that 
requires or implies that we are going to change our national 
policy. All this does is to authorize some research and 
development which would make us better able to make that 
informed decision in the future when the time comes to discuss 
that. We are not discussing now changing that policy. We are 
simply discussing whether or not we ought to proceed with this 
research and development.
    We face a very uncertain energy future. We have only 2 
percent of the known reserves of oil in the world. We use 25 
percent of the world's oil. We now import about 56 percent of 
the oil which we use.
    To give you some idea of how important nuclear is, when you 
leave today, note that every 5th house you pass, every 5th farm 
you pass and every 5th industry you pass would not have 
electricity tomorrow if we shut down our nuclear plants today. 
20 percent doesn't sound like much, but every 5th one really 
sends it home to you that we really need nuclear.
    Now, I think that it would be irresponsible for us not to 
proceed with this R and D because it leaves open to us options 
in the future that we would not have if we had notpursued this 
R and D.
    Mr. Calvert. Would the gentleman yield.
    Mr. Bartlett. The--prove the correct thing to do.
    Mr. Calvert. Will the gentleman yield to me?
    Mr. Bartlett. I would. I will yield.
    Mr. Calvert. I just want to also point out and agree with 
Chairman Bartlett that this is extremely important. In fact, 
this new technology can reduce waste streams and also enhance 
proliferation resistance, which I think is also very important. 
Technology has changed since President Carter made a 
determination 20 some odd years ago. And the United States has 
advanced very far in the types of technology we use for 
reprocessing nuclear waste and certainly the so called 
technology called pyroprocessing. So I would certainly oppose 
my friend from California's amendment. I think we should move 
forward with this technology and I thank the gentleman for 
yielding.
    Mr. Hoeffel. Would the gentleman yield?
    Chairman Boehlert. Yes, sir?
    Mr. Hoeffel. Perhaps the problem here is with the unclear 
language or the vague language in the amendment. I certainly 
salute the knowledge of both gentlemen who have just spoken. 
But the Section 322 talks about recycling technology research, 
which seems to suggest reprocessing. Because that is what 
reprocessing is, recycling. And it talks about alternative 
national strategies, which would certainly be the two that the 
gentle lady identified, pyroprocessing and the other.
    Mr. Bartlett. Again, reclaiming my time, I think that all 
this section of the bill does is to authorize research and 
development, which would provide information technologies. It 
would make us better able to make a decision in the future. We, 
here, make no decisions about where we are going in the future 
with this technology. But we don't know now where we could go 
unless we do this R and D. So I think it is entirely prudent 
that we do this and reserve for another day the very important 
discussions whether this is a road we should travel or not.
    Mr. Rohrabacher. Would the gentleman yield?
    Mr. Bartlett. We are not starting down this road.
    Mr. Rohrabacher. Would the gentleman yield?
    Mr. Bartlett. Yes.
    Mr. Rohrabacher. Let me just note that for the last 25 
years, we keep hearing these arguments against nuclear energy. 
And especially, you know, what are we going to do with the 
waste? Well, it is a little--isn't it a little bit hypocritical 
to say we can't even use research dollars to try to find a 
solution to that problem? We are just going to write off this 
energy source altogether at a time when we are so dependent on 
overseas energy to keep our country going? Are we just going to 
write off that as an alternative? Not even going to study it 
for the possibility that we might come up with an answer to the 
problem?
    Mr. Hoeffel. Would the gentleman yield?
    Mr. Rohrabacher. I don't have--I cannot----
    Mr. Hoeffel. Yield. Who has to yield?
    Mr. Rohrabacher. I would yield back my time to----
    Chairman Boehlert. Dr. Bartlett is controlling the time. He 
has 55 seconds.
    Mr. Bartlett. I will yield 50 of those 55.
    Mr. Hoeffel. I thank the gentleman very much. The problem 
here is that we are appropriating $10 million for the 
research----
    Chairman Boehlert. We authorize.
    Mr. Hoeffel. Thank you. We are authorizing $10 million. And 
that, I think, is changing national policy without the kind of 
national debate we ought to have. I thank the gentleman for his 
yielding and his cooperation.
    Mr. Bartlett. Okay. Reclaiming the time, I would just like 
to note that in the grand scheme of things, $10 million is 
probably too little to provide the information we need to make 
a considered judgment as to where we ought to go in the future. 
Mr. Chairman, thank you very much for recognizing me.
    Chairman Boehlert. Listen. Let the Chair state that I have 
some legitimate concerns about nuclear waste disposal and the 
potential for proliferation in general. I believe nuclear 
power, quite frankly, is and should remain a part of a balanced 
national energy policy. And a responsible nuclear energy policy 
must include adequate science research and development 
activities. That is what we are all about in this Committee. 
Just as the Department of Energy must have adequate resources 
to carry out it's mission. I mean, we are talking about $10 
million for an R and D program related to proliferation 
resistant fuel--nuclear fuel recycling programs. So I think 
Section 322 is a responsible authorization, one that is 
intended to promote the next generation technologies and reduce 
proliferation threats. And, therefore, I would urge my 
colleagues to oppose the gentle lady's amendment, as much as I 
like it, respect--
    Ms. Woolsey. Will the Chairman yield?
    Chairman Boehlert. The Chairman will yield. But I don't 
want to prolong this discussion all evening.
    Ms. Woolsey. Well, we have one more person besides myself 
that I think that wants to speak. But, Mr. Chairman, could we--
before rules, sit down and take some of what Dr.Ehlers was 
talking about to make this language clearer, exactly what we are 
talking about instead of making it look like we are going down a path 
that we don't--really, Americans don't want us to go down?
    Chairman Boehlert. Well, let the Chair state that the Chair 
is always willing, as is Dr. Ehlers and Dr. Bartlett, to work 
to clarify our intent as we go about our important business. No 
problem there. We can talk some more. We will be glad to do so. 
But I think we have to deal with the amendment right now in a 
timely fashion. And we will talk to the gentle lady about 
report language with as much specificity as we can muster.
    Ms. Woolsey. Thank you, Mr. Chairman
    Chairman Boehlert. Okay. Ms. Rivers? And then this will 
be--unless everybody feels compelled to say the same thing over 
again, this will be the last thing before the vote. Ms. Rivers?
    Ms. Rivers. Thank you, Mr. Chair. Someone mentioned a few 
minutes ago that this is a different world than it was 25 years 
ago. And that is true. But radioactive materials are still just 
as dangerous as they were 25 years ago. Public skepticism 
remains as high as it did 25 years ago. And the difficulty of 
finding waste repositories is every bit as hard as it was 25 
years ago. So we cannot avoid many of the problems that we have 
struggled with for the last 25 years.
    I understand that it is the intent of this particular 
Committee to limit this research to a particular kind and that 
ultimately would produce technology that we shouldn't be 
frightened of. But there are certainly other plans in existence 
out there. And I refer to a Washington Post article which ran 
just 2 weeks ago on the 2nd of July that talks about a 
strategic alliance with Russia for reprocessing of nuclear 
materials. Talks about private subsidization at Duke Power in 
South Carolina so that they can do reprocessing. And this--
these are troubling reports. Troubling reports for foreign 
affairs reasons. Troubling reports for this Committee, who has 
in many times, spoken out strenuously that we should not be 
paying private industry to do things that they would normally 
do on their own. And so I think there are lots of reasons to be 
concerned about this. And while I recognize that Mr. Bartlett 
is being very straightforward, when he says we don't have to 
worry about what the Committee wants to have happen, I am 
concerned about what the administration might want to have 
happen or what agreements may have already been made between us 
and other countries or between us and private industry. And, 
you know, there is an old saying, I only know what I read in 
the newspaper. And this particular article in the newspaper 
gives me great pause about this particular technology. And 
the----
    Mr. Ehlers. Will the gentlewoman yield?
    Ms. Rivers. In one moment, I will. And to go back to how I 
started my comments, it may be a different world in some 
respects, but when it comes to the production and the handling 
of radioactive materials, there are just as many problems today 
as there were 25 years ago. And we should not hurry ourselves 
past those problems in an effort to reassure ourselves we can 
somehow eliminate our reliance on foreign energy supplies. 
Because it is not going to happen. I will yield to my friend 
from Michigan.
    Mr. Ehlers. I thank the gentleman for yielding. Just let me 
clarify something. It is a more dangerous world, but not 
because of anything related to reprocessing, it is because of 
the downfall of the former Soviet Union. And the greatest--if 
you are going to worry about plutonium and stay awake at night, 
think about their plutonium and not about anything in this 
country. They have tons, literally tons of plutonium around the 
country. Not very much safeguarded. And it is a constant worry 
to me and to most people in the United States.
    The agreement with Russia that you are talking about, 
unless it is something different than we have been doing for 
the past few years is trying to take their plutonium and 
reprocess it, bring it back to this country and safeguard it.
    Ms. Rivers. Claiming my time.
    Mr. Ehlers. As they dismantle their nuclear warhead.
    Ms. Rivers. Reclaiming my time. According to The Washington 
Post, the agreement provides for both countries to engage in 
reprocessing. So it is not simply a matter of the United States 
picking up the waste and handling it here within our borders 
only.
    Mr. Ehlers. If I--if the gentlewoman will yield. Let me 
just clarify--finish my statement. Clarify it. We have been 
doing it for a long time. We are now going to try to train them 
to do the same thing. As they continue to dismantle their 
nuclear weapons.
    Ms. Rivers. So as I said, we are moving toward an agreement 
where this kind of technology will be used both in the United 
States and in Russia. Thank you, Mr. Chair.
    Chairman Boehlert. Thank you very much. And for the final 
comment, the Chair is pleased to recognize Ms. Biggert.
    Ms. Biggert. Thank you, Mr. Chairman. From some of the 
conversation, it sounds like we have not been doing this at 
all. And I happen--I would like to invite you all to come to 
Argonne National Laboratory where there has been a 
researcheffort to--and it has successfully reduced the toxicity of 
spent fuel from an experimental reactor. And right now, we are looking 
into some commercial uses of this technology. And 3 times, we in the 
Congress have voted not to eliminate this research and development. So 
I think that we need to continue to--with this type of process. And I 
can't emphasize enough that what we are talking about is only the R and 
D. And that is how we find in the future how we are going to deal with 
this. And I think that something like the EMT, if you want to come and 
see that at Argonne, I think that you will see that this is a way to 
deal with the nuclear waste and to solve our energy problem.
    Chairman Boehlert. Thank you very much. And I just would 
reiterate that Section 322 deals with research and development. 
And that is the mission that this Committee is most interested 
in. I have as many reservations for some of the very reasons 
outlined by Ms. Rivers about nuclear energy and spent fuel and 
all related to it. But the fact of the matter is, I think in 
terms of a balance program, we have to deal with the reality of 
today and we also have to deal with the necessity for 
conducting important research and development.
    Before I call a final vote, let me point out that staff is 
passing out a summary of the highlights of the en bloc 
amendment. Mr. Weiner, I hope that will be helpful to you.
    [The Summary of highlights of en bloc amendment follows:]
               Summary of Highlights of En Bloc Amendment

               (Page numbers refer to en bloc amendment)

    Pages 1 through 12, rewrites the section in the bill on goals (sec. 
4) to set specific technology goals for programs. Adapted from Ms. 
Woolsey's bill.
    Page 13, clarifies that reports on to set goals for new programs 
are due within 120 days of the program beginning operation.
    Page 14, rewrites sec. 7 of the bill to make clear that the 
Committee expects the ratios among the spending levels for the programs 
in the bill to be maintained. Requires a report if that does not 
happen.
    Pages 15 through 18, amends Subtitle I A of the bill to add ultra 
low-sulfur diesel vehicles to the alternative vehicle grants program.
    Pages 19 through 25, adds a new Subtitle to the bill to promote 
research on distributed energy systems. Based on bills by Mr. 
Nethercutt, Mr. Udall and others.
    Pages 25 through 30, adds a new Subtitle to the bill to authorize 
research on the reuse of the batteries that power electric vehicles. 
Adapted fro Ms. Sheila Jackson-Lee's bill.
    Pages 31 and 32, clarifies the language in the bill on cost-sharing 
requirements. Based on current law.
    Pages 33 and 34, adds a new Subtitle to create an interagency 
Committee on building technologies.
    Pages 35 through 46, adds a new Subtitle to create a program to 
demonstrate cleaner technologies for school buses. Based on a bill by 
Mr. Boehlert and Mr. Udall.
    Page 46, adds definitions for bipower programs.
    Pages 47 and 48, adds a new Subtitle on research on transmission 
systems. Based on a bill by Mr. Matheson.
    Pages 49 and 50, adds a new section to require an assessment of 
renewable energy resources. Based on a provision by Ms. Woolsey.
    Page 51, adds a reporting requirement to the programs on nuclear 
education.
    Pages 52 through 57, adds language reflecting a compromise between 
Mr. Costello and Mr. Boehlert to ensure that the clean coal program 
funds environmental improvements.
    Pages 57 through 68, adds a new Subtitle to authorize research on 
drilling for oil and gas in deep waters. Adapted from a bill by Mr. 
Hall.
    Remainder are primarily clarifying amendments.

    Chairman Boehlert. And we also have--pardon me?
    Ms. Woolsey. Big words. Mr. Chairman?
    Chairman Boehlert. Now, let us call--the Chair calls----
    Ms. Woolsey. Mr. Chairman.
    Chairman Boehlert. Yes?
    Ms. Woolsey. I would like to withdrawal this amendment 
until we have had a chance to sit down and see if we can do 
something about the wording. And then we will----
    Chairman Boehlert. Without objection, so ordered. Let us 
move to the next----
    Ms. Woolsey [continuing]. Talk about it at the----
    Chairman Boehlert. Fine.
    Ms. Woolsey [continuing]. On the floor.
    Chairman Boehlert. Next--the second Woolsey amendment. The 
gentlelady is recognized. Well, let us see. The Clerk will 
report the amendment.
    The Clerk. Amendment to en bloc amendment to H.R. 2460, 
offered by Ms. Woolsey of California.
 Amendment to En Bloc Amendment to H.R. 2460 Offered by Ms. Woolsey of 
                               California
    On page xx (near 19, a couple of pages after Green Buses), in the 
item related to page 60, line 5, strike ``$20,000,000'' and insert 
``$4,500,000''.
    On page xx in the item related to page 60, line 16, strike 
``$191,200,000'' and insert ``$175,700,000''.

    Chairman Boehlert. The gentlelady is recognized for 5 
minutes.
    Ms. Woolsey. Thank you, Mr. Chairman. This amendment would 
reduce the funding in the amended bill from $20 million to $4.5 
million. The President's budget request is absolutely crystal 
clear that the nuclear energy technology account needs just 
$4.5 million to complete a technology roadmap study on 
generation 4 nuclear reactor technologies. Not $50 million, as 
was the base bill or $20 million, as in the bill as amended. 
The goal of the $4.5 million study is to finish a technology 
roadmap report and deliver it to Congress for review. According 
to the budget request, that is the final step for this account. 
Future work and requests are contingent presumably upon what 
the plan proposes. I can find no reason to authorize $15.5 
million more than the President says he needs. Apparently, the 
House Appropriations Committee couldn't, either, because last 
month, they appropriated just $4.5 million for this account.
    That is why, Mr. Chairman, I am asking members to support a 
good government amendment to strike the unnecessary funds from 
the bill. I think that the proper procedure is to give the 
department the money they need to finish their report, but no 
more than that. After the report is delivered, then we can go 
on from there. Please know I am not trying to block the study. 
Whether you love or hate nuclear energy isn't my point. The 
point is, we should have a clear purpose for the sums we 
authorize tied to either a request from the administration or a 
strong Committee record. Unfortunately, we have neither in this 
instance. I hope my colleagues can support this amendment. And 
I thank you, Mr. Chairman.
    Chairman Boehlert. Let me point out to the gentlelady that 
the Chair looked at this, too, and had some real questions 
about the opening figure. And the opening figure was $50 
million. We cut it down to $20 million. Would counsel care to 
shed any further light on the difference between--I know what 
the difference is between 4.5 and 20. Pretty good at math, at 
least up to the 5th grade level. After that, I am challenged. 
But--counsel? Dr. Watson, do you have any comment?
    Dr. Watson. Yes, Mr. Chairman. We agreed to further look at 
the program that perhaps the $50 million was a bit ambitious. 
That the Department, however, has provided information that 
justifies R&D; that can support the roadmapping activities and 
the implementation of that road mapping activities. We have, in 
detail, a $20 million R&D; program which would be in addition to 
the $4.5 million required to complete the roadmap. And so we 
are actually short-changing things that could be done.
    Chairman Boehlert. Care to speak to the amendment? Mr. 
Calvert.
    Mr. Calvert. I, again, I hate to oppose my goodfriend from 
California, but again, as we are looking for solutions to the future 
for new energy, as has been pointed out by the Chairman and others here 
that nuclear power has to be part of that solution. 20 percent of the 
electric base load power of the United States comes from nuclear power. 
And as we proceed down the road--and this is R and D money, to come up 
with a standardized design for light water reactor that we can build in 
this country that people feel confident and will provide safe and 
reliable base load energy to the United States.
    And by the way, if you do believe in global warming and I 
have been to--I was at Kyoto and several other of the COPs, if 
you believe that that, in fact, is a problem in the world, that 
nuclear power is probably one of the best solutions to a 
potential problem. So, again, I would oppose this amendment, 
Mr. Chairman. I would encourage that the R and D take place and 
that we move toward a standardized design for a nuclear 
component to our energy solution. Thank you.
    Chairman Boehlert. Recognizes Ms. Rivers. Do I sense a 
pattern emerging here? Or should we confine this to a 
discussion within the California delegation of both sides? Ms. 
Rivers.
    Ms. Rivers. Thank you, Mr. Chair. I am looking at a 
document the Generation 4 nuclear energy systems initiative. My 
staff brought it back to my office yesterday. I believe it was 
handed out to staff when questions were raised about the 
initiative--where the--emphasis for this funding. Can anybody 
tell me who wrote it?
    Chairman Boehlert. Dr. Watson.
    Dr. Watson. It is my understanding this is a condensation 
of the Nuclear Energy Research Advisory Committee work. It has 
already been underway on the roadmap.
    Ms. Rivers. So it came from where?
    Dr. Watson. It came from the Department of Energy.
    Ms. Rivers. Department of Energy. Okay.
    Dr. Watson. Yes. Which was a summary, as they say, of----
    Ms. Rivers. It has no date, no name, no agency on it. 
Nothing.
    Chairman Boehlert. We didn't distribute it.
    Ms. Rivers. Who did distribute it? It came--it was given 
out as an answer to the question how the $20 million request 
was generated.
    Chairman Boehlert. Dr. Watson, is this from staff?
    Dr. Watson. Yes. This was during our staff discussions.
    Ms. Rivers. But came----
    Dr. Watson. Staff was seeking clarification. So it was----
    Chairman Boehlert. So we got it from Department of Energy?
    Ms. Rivers. It came from the----
    Dr. Watson. During our discussions.
    Chairman Boehlert. But it came from Department of Energy?
    Dr. Watson. Yes. Yes, sir.
    Ms. Rivers. Okay.
    Chairman Boehlert. And just in future--and I agree with Ms. 
Rivers. In the future, obviously, we should identify the source 
of any material passed out so we all know----
    Ms. Rivers. I look at this proposal and I understand that 
the DOE, now that you tell me the DOE has put this together. 
What did the OMB decide on this kind of request?
    Dr. Watson. Excuse me. It was $4.5 million was in the 
President's request.
    Ms. Rivers. Right. So you are saying that the OMB agreed 
that $4.5 million was appropriate and that $20 or $50 million 
probably was not?
    Dr. Watson. That is correct.
    Ms. Rivers. Okay. Do you have any idea why the OMB would 
have taken that position?
    Dr. Watson. I----
    Chairman Boehlert. Well, if you can figure out why OMB 
takes a lot of positions, you can sit in the Chair.
    Ms. Rivers. And since we are approving or at least we are 
contemplating approving this first portion of funding, I see 
that the full funding for this program is $108 million. Is the 
Committee in--for $180 million? Is the Committee endorsing that 
kind of an expenditure on this research over the period of time 
contemplated in this document? This is on page 3 of the 
document. There is a summary table. It shows the funding over, 
I think----
    Chairman Boehlert. I clarify, we did not pass this out.
    Ms. Rivers. But you did.
    Chairman Boehlert. No we didn't. I mean, this was a 
document--in discussions between majority--minority staff, 
apparently this was a document that was used--one document was 
given to the minority staff and apparently the minority staff 
passed it out. We didn't.
    Ms. Rivers. It was--my understanding and I--you can correct 
me. My understanding is that this document was given to explain 
the Committee's recommendation that we should fundthese 
programs at $50 million.
    Chairman Boehlert. No. No. This was--right. During the 
discussion between majority and minority staff----
    Ms. Rivers. Um-hum.
    Chairman Boehlert. --and minority staff asked where did the 
figure $20 million come from.
    Ms. Rivers. No. I think the question was, why are you 
recommending $50 million or $20 million?
    Chairman Boehlert. We are not. We are cutting from $50 to 
$20 million.
    Ms. Rivers. Okay. Why are we recommending $20 million----
    Chairman Boehlert. Dr. Watson, do you want to address that?
    Ms. Rivers [continuing]. Given that OMB didn't support it?
    Chairman Boehlert. Well, but OMB doesn't support a lot of 
things that you and I strongly agree with. And so we fight OMB 
every step of the way. We just think it is more prudent to go 
with a little higher figure. We thought the $50 million was too 
ambitious. So we went back to $20 million. Let us say--let us 
move to a vote.
    Ms. Rivers. One further question.
    Chairman Boehlert. Sure.
    Ms. Rivers. Because I think I still have time. Which is, is 
there a Committee record on this? Is there a Hearing record? Is 
there some sort of record of discussion taking place to make 
this recommendation that is so far in excess of what the 
President recommended and OMB approved?
    Chairman Boehlert. Dr. Watson.
    Mr. Watson. Yes. We received testimony from Representative 
Graham on his bill, which had the $50 million figure in it, 
during our examination of legislation. I can't remember the 
exact date.
    Mr. Bartlett. Mr. Chairman? Down at this end.
    Chairman Boehlert. Dr. Bartlett.
    Mr. Bartlett. Oh, thank you. I thought I heard you say that 
the President's request was for $4.5 million, the 
administration request for $4.5 million to finish the roadmap. 
Then this $20 million includes that and R&D.; Is that correct?
    Chairman Boehlert. Yes, sir.
    Mr. Bartlett. Okay. So this is not blowing the $4.5 million 
up to $20 million. This is really trying to squeeze the $4.5 
million into a very small $20 million that is there for R&D.;
    Ms. Rivers. Well, would the gentleman yield?
    Mr. Bartlett. Yes.
    Ms. Rivers. R&D; for what? The roadmap is supposed to--the 
$4.5 million is to decide the roadmap. Why are we deciding now 
that we are going to invest in something that we haven't even 
gotten a report on?
    Mr. Bartlett. Well, I think if you know that----
    Ms. Rivers. Haven't been given to.
    Mr. Bartlett [continuing]. I think if you know that you are 
going somewhere, it would be nice to get started, and I think 
that is what this does.
    Ms. Rivers. We may not get started depending what they say.
    Mr. Bartlett. Thank you, for yielding, Mr. Chairman.
    Chairman Boehlert. I think both sides had ample opportunity 
to be heard. Let us move to a vote. The vote is on the 
amendment. All in favor say aye. Opposed, no. In the opinion of 
the Chair the no's----
    Ms. Rivers. Mr. Chairman----
    Chairman Boehlert [continuing]. Have it.
    Ms. Rivers [continuing]. I would like a recorded vote, 
please.
    Chairman Boehlert. The clerk will call the roll.
    The Clerk. Mr. Boehlert.
    Chairman Boehlert. No.
    The Clerk. Mr. Boehlert votes no. Mr. Smith.
    Mr. Smith. No.
    The Clerk. No. Mrs. Morella.
    Ms. Morella. Aye.
    The Clerk. Mrs. Morella votes yes. Mr. Shays. Mr. Curt 
Weldon. Mr. Rohrabacher.
    Mr. Rohrabacher. No.
    The Clerk. Mr. Barton. Mr. Calvert.
    Mr. Calvert. No.
    The Clerk. Mr. Smith.
    Mr. Smith. No.
    The Clerk. Mr. Bartlett.
    Mr. Bartlett. No.
    The Clerk. Mr. Ehlers. No. Mr. Dave Weldon.
    Mr. Weldon. No.
    The Clerk. Mr. Gutknecht.
    Mr. Gutknecht. No.
    The Clerk. Mr. Cannon.
    Mr. Cannon. No.
    The Clerk. Mr. Cannon votes no. Mr. Nethercutt.
    Mr. Nethercutt. No.
    The Clerk. Mr. Lucas.
    Mr. Lucas. No.
    The Clerk. Mr. Miller. Mrs. Biggert.
    Ms. Biggert. No.
    The Clerk. Mr. Gilchrest.
    Mr. Gilchrest. No.
    The Clerk. Mr. Akin.
    Mr. Akin. No.
    The Clerk. Mr. Johnson.
    Mr. Johnson. No.
    The Clerk. Mr. Pence. Mr. Grucci.
    Mr. Grucci. No.
    The Clerk. Ms. Hart.
    Ms. Hart. No.
    The Clerk. Mr. Forbes.
    Mr. Forbes. No.
    The Clerk. Mr. Hall. Mr. Gordon. Mr. Costello.
    Mr. Costello. Yes.
    The Clerk. Mr. Barcia. Ms. Johnson.
    Ms. Johnson. Aye.
    The Clerk. Ms. Woolsey.
    Ms. Woolsey. Aye.
    The Clerk. Ms. Rivers.
    Ms. Rivers. Aye.
    The Clerk. Ms. Lofgren.
    Ms. Lofgren. Aye.
    The Clerk. Ms. Jackson Lee.
    Ms. Jackson Lee. Aye.
    The Clerk. Mr. Etheridge.
    Mr. Etheridge. Aye.
    The Clerk. Mr. Lampson.
    Mr. Lampson. Aye.
    The Clerk. Mr. Larson.
    Mr. Larson. No.
    The Clerk. Mr. Udall.
    Mr. Udall. Aye.
    The Clerk. Mr. Wu. Mr. Weiner.
    Mr. Weiner. Aye.
    The Clerk. Mr. Baird.
    Mr. Baird. Aye.
    The Clerk. Mr. Hoeffel.
    Mr. Hoeffel. Yes.
    The Clerk. Mr. Baca.
    Mr. Baca. Aye.
    The Clerk. Mr. Matheson.
    Mr. Matheson. Aye.
    The Clerk. Mr. Israel.
    Mr. Israel. Aye.
    The Clerk. Mr. Moore.
    Mr. Moore. Aye.
    The Clerk. Mr. Honda.
    Mr. Honda. Aye.
    Chairman Boehlert. Clerk will report.
    The Clerk. Mr. Chairman, yes, 18, no, 20.
    
    
    Chairman Boehlert. The no's have it, and the amendment is 
defeated.
    Number 4. First of all, Ms. Woolsey is recognized.
    
    
    Ms. Woolsey. Thank you, Mr. Chairman. I actually am going 
to withdraw this but I would like to have a little dialogue 
about it. This amendment based on Section 105 of my bill, H.R. 
2324, is intended to call all of our attention to the fact that 
if we are truly serious about having a comprehensive approach 
to energy efficiency and conservation, we can't afford to 
ignore air transportation.
    According to the Energy Information Administration air 
passenger and freight operations account for approximately 7 
percent of the total energy expended on transportation in this 
nation. That is a significant level by any standard, and we all 
know air transportation is on the increase. And I believe we 
should act to make air transportation more efficient, and that 
is why I propose that this Committee include words that will 
have NASA do two things. First, develop technologies that will 
enable 50 percent of air transportation system--oh, no. 50 
percent--a 50 percent increase in aircraft engine efficiencies 
by 2010 and secondly, to develop air transportation system 
management operation concepts and procedures that will enable a 
25 percent increase in the energy efficiency of the overall 
U.S. air transportation system on a per-flight basis by 2010.
    Mr. Chairman, I am not going to go on and on. You will tell 
me that NASA already has these programs but their programs need 
to be built upon. They are too passive. We have to go forward, 
and air transportation is a great opportunity to start working 
on efficiency.
    Chairman Boehlert. I couldn't agree more, gentlelady, and 
let me applaud her for the amendment. We are moving the same 
direction, and we will revisit that issue I am sure several 
times in the months and years ahead to insure that we are 
getting the desired result. You have touched a sensitive cord 
here, and I look forward to working with you and with NASA and 
FAA to monitor the progress on developing a more efficient air 
transportation system, one, because I am concerned of my own 
hide but two, I think we ought to be concerned with everybody. 
And that is exactly why the amendment is good in spirit. I 
applaud it, and I thank her for agreeing to withdraw it, and we 
will be talking----
    Ms. Woolsey. Okay.
    Chairman Boehlert [continuing]. A lot more about this in 
the future.
    Ms. Woolsey. I count on that, Mr. Chairman.
    Chairman Boehlert. And without objection of gentlelady's 
unanimous consent request to withdraw the amendment is honored. 
It is withdrawn.
    The next amendment is amendment number 5 by Ms. Jackson 
Lee. Clerk will report.
    The Clerk. Amendment to H.R. 2460 offered by Ms. Jackson 
Lee of Texas.


    Chairman Boehlert. The gentlelady is recognized for five 
minutes.
    Ms. Jackson Lee. I thank you very much, Mr. Chairman. I 
think as I indicated when we were discussing the legislation 
dealing with election reform, and I might add that I might have 
failed to acknowledge Congresswoman Eddie Bernice Johnson 
chairing the Congressional Black Caucus, and the enormous work 
that we have done on that issue, I said that it was important 
for the Science Committee to be a stakeholder in the question 
of election reform. Likewise, I am gratified that we are a 
stakeholder in a consensus energy reform or an energy plan for 
the nation.
    My amendment deals with an important opportunity, a 
research opportunity for our nation's need to construct more 
gas and oil pipelines but do it safely. Unfortunately, many in 
my community work steadfastly on a pipeline safety initiative 
in the last session of Congress, and it did not reach its 
fruition for a variety of reasons.
    I would like to have this Committee stake its interest in 
pipeline safety as it relates to research. There are about 2 
million miles of pipeline in the United States, and I grant you 
a great deal of which are located in the State of Texas. 
Millions of miles of pipeline carry the vast majority of oil 
and natural gas across the nation.
    As we look to become less dependent on foreign oil we will 
look for opportunities to be safe, we will look for 
opportunities to produce domestic energy in a way that brings 
about a consensus.
    Over the past decade more than 2,200 pipeline accidents 
have occurred resulting in 200 deaths, thousands of serious 
injuries, and an estimated 700 million in damage to property. 
Last August 12 members of a family camping in New Mexico were 
killed when a natural gas pipeline exploded, of course, 
focusing all of us on that issue.
    Upon inspection by the National Transportation Safety Board 
the section of pipeline that was involved in the explosion was 
judged to have never been examined with an internal inspection 
tool or undergone hydrostatic testing since it was installed in 
1952. What a solvable problem.
    Much of the danger with pipelines is caused by their age. 
An estimated 24 percent of gas pipelines alone are more than 50 
years old, and the particular pipeline in New Mexico was almost 
50 years old and was found to have experienced substantial 
internal corrosion. Another factor is increased suburbanization 
into previously rural areas and therefore, density problems as 
well.
    I believe that we can produce safe pipelines, and I think 
the Science Committee can be part of the solution. The Sandia 
National Laboratories have produced a pipeline safety white 
paper titled, ``Capabilities and Area of Research and 
Development to Enhance Pipeline Safety in the United States.'' 
This lab is a national security lab operated by the U.S. 
Department of Energy by the Sandia Corporation and Lockheed 
Martin.
    A Sandia team has worked with the natural gas industry, 
regulators, and oil companies to adapt commercially-available 
laser-imaging tools to detect low-pressure leaks in urban gas 
distribution lines and in oil refineries.
    Mr. Chairman, what I am asking is that this amendment be 
included to get us, if you will, in the mix in dealing with the 
research aspect to provide the opportunities for safe 
pipelines, get us above the fray and above the political 
aspects of it and engage the Department of Energy and the 
laboratories in this kind of research.
    [Statement of Ms. Jackson Lee follows:]
             Prepared Statement of Hon. Sheila Jackson Lee
    Chairman Boehlert and Ranking Member Hall, I would like to thank 
you for this opportunity for the House Science Committee to contribute 
in a substantive way to our country's National Energy Plan.
    I have an amendment that I would like to offer which will provide 
important research opportunities for our nation's need to construct 
more gas and oil pipelines.
    There are about 2 million miles of pipeline in the United States, 
and I grant you, a great deal of which is located in the State of 
Texas. These millions of miles of pipeline carry the vast majority of 
oil and natural gas across the nation.
    Over the past decade, more than 2,200 pipeline accidents have 
occurred, resulting in more than 200 deaths, thousands of serious 
injuries and an estimated $700 million in damage to property. Last 
August 12 members of a family camping near Carlsbad, New Mexico were 
killed when a natural gas pipeline exploded. This accident became the 
deadliest pipeline accident in the United States in nearly a quarter of 
a century.
    Upon inspection by the National Transportation and Safety Board, 
the section of pipeline that was involved in the explosion was judged 
to have never been examined with an internal inspection tool or 
undergone hydrostatic testing since it was installed in 1952.
    Much of the danger with pipelines is caused by their age; an 
estimated 24% of gas pipelines alone are more than 50 years old (the 
section of pipeline involved in the Carlsbad explosion was almost 50 
years old and was found to have experienced substantial internal 
corrosion). Another factor is increased suburbanization into previously 
rural areas, which bring residents closer to oil and gas pipelines.
    Federal regulation of pipeline safety is the responsibility of the 
Office of Pipeline Safety (OPS) within the Transportation Department. 
However, that office does not have the necessary purview to provide 
research and development options for improving pipeline safety. In the 
late 1980s, the National Transportation Safety Board (NTSB), the 
independent federal agency, which investigates transportation 
accidents, including major pipeline accidents, and makes safety 
recommendations to prevent their recurrence, recommended that major oil 
and gas pipelines be regularly inspected.
    The current state of knowledge regarding pipeline safety is lacking 
in the creativity and focus that a federally assisted research and 
development pipeline safety program would engender.
    Sandia National Laboratories has produced a pipeline safety white 
paper titled ``Capabilities and Area of Research and Development to 
Enhance Pipeline Safety in the US.'' Sandia National Laboratories is a 
national security laboratory operated for the US Department of Energy 
by the Sandia Corporation and Lockheed Martin.
    A Sandia team has worked with the natural gas industry, regulators, 
and oil companies to adapt commercially available laser-imaging tools 
to detect low-pressure leaks in urban gas distribution lines and at oil 
refineries. One exciting test that demonstrated the importance of this 
type of research was conducted in 1997. A van was driven through the 
streets of Atlanta using a van-mounted laser-imaging system designed to 
detect methane. The van monitoring system detected one potentially 
dangerous gas leak in a manhole.
    The white paper produced by Sandia suggested several areas of 
research that could revolutionize pipeline safety in the United States: 
advanced robotic and remote sensor technology, improved inspection 
protocols, and ranking of pipeline safety priorities.
    The research I am proposing would improve our nation's pipeline 
infrastructure and create better opportunities for energy distribution, 
while minimizing risks to communities. Thank you.

    Ms. Jackson Lee. With that, Mr. Chairman, I am holding my 
time for an able response from the Committee.
    Chairman Boehlert. Well, thank you very much, and I tell 
the gentlelady I support the efforts to improve the pipeline 
safety R&D; and as a matter of fact, the Senate has done 
something in its bill that will get the conference to work with 
them. They were also working with the Transportation Committee, 
Mr. Young, because I think it is a very important subject, and 
you are absolutely right. We have to address it. A lot of it is 
in Texas but let me tell you it is up in our neck of the woods, 
too, and all across this country. It is a very important 
subject. I think we have to deal with it at the right time and 
the right place. I don't think this particular bill in view of 
what Young is saying, and they have principle responsibility. 
We have the R&D; portion so I think we can all work together, 
with the Gentle Lady, with our colleagues in the Senate who 
recognize and appreciate what you are saying to be true, and 
with Chairman Young who wants to deal with it separate from the 
total energy package.
    Ms. Jackson Lee. Would the gentleman--would the Chairman 
yield?
    Chairman Boehlert. It is your time.
    Ms. Jackson Lee. I thank you very much. What I would ask 
the Chairman, and I appreciate his interest in the issue, as we 
coordinate with the Transportation Committee, would the 
Chairman offer for us to have hearings in this Committee 
dealing with the R&D; aspect of pipeline safety?
    Chairman Boehlert. Sure. Quite frankly I put that down as a 
no-brainer. I mean, I think we are all interested, and we have 
got to put more into R&D.; The question is how much and of 
course, the hearings would be very appropriate.
    Ms. Jackson Lee. Mr. Chairman, what I want and what I think 
all of us would like to have would be solutions. I think the 
deaths are tragic. I think the issues will continue to be a 
problem as the country becomes more dense, and I will withdraw 
this amendment so that we can collaborate but I would look 
forward to our hearings to be scheduled and for us to work on 
the research and development aspect.
    It certainly seems shameful to have work by the national 
labs that could save lives and that we have not been able to 
move forward.
    Chairman Boehlert. Thank you very much. Without objection 
the gentlelady asks permission to withdraw her amendment. 
Without objection, so ordered.
    The Chair recognizes Mr. Hoeffel.
    Mr. Hoeffel. Thank you, Mr. Chairman. I had intended to 
offer an amendment to this point to authorize funding for the 
Department for a nanoscale science and engineering research and 
development. Nanotechnology is an amazing new technology. 
Scientists are now able to see at the molecular level and 
therefore, able to build structures as they see fit, wholly new 
structures. There is a good deal of private sector research and 
academic research happening in this field. I know in California 
and also very much in the Philadelphia area but my staff tells 
me, Mr. Chairman, that you are very interested in this as well, 
and that you intend to pursue a free-standing bill in the area 
of nanotechnology, so I would withdraw this amendment, and to 
tell you I would love to work with you on that bill, and thank 
you for your cooperation.


    Chairman Boehlert. Thank you very much. We are going to do 
a major inter-agency bill. Nanotechnology is very important to 
all of us. I am particularly close to it with the center, 
nanotechnology center at the State University of New York in 
Albany. Not in my district but in my state and that is 
something we should all be very interested in, and we will work 
together with the gentleman.
    The Chair recognizes----
    Unidentified Speaker. Are there any further amendments and 
recognize----
    Ms. Lofgren. Mr. Chairman.
    Chairman Boehlert. Ms. Lofgren.
    Ms. Lofgren. Mr. Chairman, I have an amendment at the desk, 
and I would ask unanimous consent that it be considered as 
read. It is my understanding after consultation between the two 
staffs that there is agreement that we would rather be 
redundant than sorry, and so this would memorialize our 
understanding relative to the scope of the drilling. And I 
appreciate the Chairman's indulgence for my anxiety.
    Chairman Boehlert. Would you just explain it so that 
everybody will know what is going on? We have had discussions 
with staff.
    Ms. Lofgren. It is on page 58 in the manager's amendment, 
there is the section, and I am struggling to find it here, the 
section relative to ultra-deep water unconventional drilling. 
And the amendment which the staff has drafted would after the 
word technology on line 20 on page 58 note that the 
technologies in areas currently available for outer-continental 
shelf leasing, which would limit the scope of what we are doing 
here to what currently is permitted, which is our 
understanding----
    Chairman Boehlert. It is a perfecting----
    Ms. Lofgren [continuing]. On both sides of the aisle.
    Chairman Boehlert [continuing]. Of the amendment.
    Ms. Lofgren. Exactly.
Amendment to the En Bloc Amendment to H.R. 2460 Offered by Ms. Lofgren 
                             of California
    On page 58, line 20, delete ``technologies'' and insert 
``technologies, in areas currently available for Outer Continental 
Shelf leasing.''

    Chairman Boehlert. It makes it absolutely clear, and the 
Chair is prepared to accept it.
    Ms. Lofgren. I appreciate that very much, Mr. Chairman.
    Chairman Boehlert. Is there anyone who has any--without 
objection the Chair accepts the amendment and puts the 
amendment to the vote. All in favor, say aye. Opposed, nay. The 
ayes have it.
    Mr. Nethercutt. Mr. Chairman.
    Chairman Boehlert. Mr. Nethercutt.
    Mr. Nethercutt. I have two amendments, Mr. Chairman, that 
are not controversial. They are more technical in nature. I 
would ask that they--unanimous consent that they be considered 
en bloc.
    Chairman Boehlert. And the gentleman is recognized for five 
minutes to explain the amendments.
    Mr. Nethercutt. Thank you, Mr. Chairman. The first 
amendment is found on page 23 of the en bloc amendments that 
were approved by the Chairman and by the Committee. Under 
Section 124, High Power Density Industry Program, we add 
language that just is consistent with the prior section that is 
implementing an integration language so it is an addition of 
language that duplicates the preceding section, makes clear 
that the High Power Density Industry Program authorized in this 
section is to be funded through the Distributed Energy Office.
    The second amendment is found on page 47 under sub-title C. 
It adds on--I should say page 48, pardon me. It is under sub-
title C. We add a Section 3 and 4 that adds two promising 
approaches to electricity transmission. Mr. Gutknecht in 
particular is supportive of these amendments, and it also 
identifies two new goals and outcomes expected from this 
research activity, and I would ask that----
         Nethercutt Amendment to High Density Industry Program
    Insert the following, as appropriate:
    (c) Implementation and integration.--Activities pursuant to this 
program shall be integrated with other activities of the Department's 
Office of Distributed Energy Resources.
                                 ______
                                 
                    Nethercutt Amendment to En Bloc
    Page 47, on line 19 after ``technologies development,'' insert 
``technologies contributing to significant load reductions, advanced 
metering and load management and control technologies,''
    Page 48, on line 2, after the period insert the following, and 
renumber as appropriate:
    ``(3) Self-adjusting equipment, processes or software for 
survivability, security and failure containment
    (4) Enhancements of energy transfers over existing lines''

    Chairman Boehlert. Thank you. They are straight-forward and 
non-controversial. The Chair recognizes Mr. Costello.
    Mr. Costello. Mr. Chairman, we have no objection to this 
amendment and accept it.
    Chairman Boehlert. Any further questions? If not, the vote 
is on the amendment, amendments en bloc. All in favor, say aye. 
Nay.
    Mr. Nethercutt. Thank you, Mr.----
    Chairman Boehlert. With that the amendment is passed. Who 
seeks--Mr. Weiner.
    Mr. Weiner. I move to strike the last word. Mr. Chairman--
--
    Chairman Boehlert. The gentleman is recognized five 
minutes.
    Mr. Weiner. I do so just to clarify a couple of points on 
an earlier amendment that Ms. Lofgren raised about deep-water 
drilling for oil and gas, something that gives many of us 
pause. And if you will indulge me just to ask a couple of brief 
questions, why is it that the way the grants are administered 
are through something that is refereed to in the bill called 
the research organization. And a research organization is 
defined in the en bloc amendment as an organization that among 
other things has to be a tax-exempt organization, has to be in 
existence from the date of the act, and it has to be 
experienced in planning and managing programs in natural gas or 
other petroleum exploration and production research, 
development, and demonstration. It sounds like what we are 
going to be doing is hiring an organization whose business it 
is to do development to give us advice on how to do 
development. Why are we not just letting the Department of 
Energy, who has perhaps a more balanced approach, in this 
Administration who knows, but who gets paid already by the 
taxpayers to give us this kind of counsel, why are we going to 
an outside organization to do that?
    Chairman Boehlert. I will let--I point out that this is Mr. 
Hall's interest, and the same question was asked by staff. 
Adequate answer. Dr. Watson.
    Dr. Watson. Quite frankly I was not deeply involved in 
these discussions. I believe Mr. Cook, however, could explain 
the issue in detail.
    Chairman Boehlert. The Chair recognizes the minority side.
    Mr. Cook Thank you very much. Congressman, the rationale 
behind the structure in the bill is actually a rough model of 
the SEMATECH Organization that was put together roughly ten 
years ago, 15 years ago to assist the semiconductor industry in 
developing new technologies to make them competitive, keep them 
competitive with the Asians, particularly the Japanese. The 
need is to put this organization--to put together an 
organization that has demonstrated capabilities to pull 
together and manage research programs on a crash basis, and 
that the belief is that such an organization will be able to 
manage these programs in such a way that the research will be 
done better in essence, better, more completely, and on a 
faster timetable so that they can be deployed in commercial 
exploration and development programs.
    Mr. Weiner. Well, if I could, I mean, I am not sure I am 
comforted by that.
    Chairman Boehlert. Let me try to add to your comfort level. 
The Chair would recognize without objection--who has worked 
with all concerned on this.
    Mr. Goldston. Let me add just one point to what Mr. Cook 
said. Because of some of the very concerns that you are 
bringing up there are two sections that were--one that was 
clarified and one that was added to make sure that the 
Department itself has the ability to look out for the 
taxpayers' interests even as this consortium takes care of sort 
of the day-to-day operation, which is, again, notunprecedented, 
number one, the Secretary has to review their plan annually and 
withhold money, their annual payment if he is--he or she is not 
satisfied with the plan. And number two based again on the SEMATECH 
language that Charlie mentioned there is an annual audit to make sure 
that the money is being spent in accordance with the Department's 
wishes.
    Mr. Weiner. Well, not to belabor this, the difference is it 
seems to me when you set up an organization like this, it is 
almost a foregone conclusion that they are going to determine 
that they, A, want to do these things, they can be done safely, 
and the government should fund them. It seems we have also in 
the bill section 45 that establishes a very balanced advisory 
committee made up of experts in all different walks of the 
industry, and then after we establish the advisory committee, 
later on in the bill we establish this research organization 
that goes to great pains. I don't see anyone that can do this 
research except someone who is self-interested by this bill. I 
mean, experienced in planning and managing programs in natural 
gas or other petroleum exploration and production, we are 
establishing a program to have an organization by the 
explanation of staff go on a crash program to, you know, that 
is probably a bad use of words, go on a crash program to come 
up with technologies that I am not sure many of us agree are 
necessarily worth coming up with. And I am not sure if----
    Mr. Calvert. Will the gentleman yield?
    Mr. Weiner. Certainly.
    Mr. Calvert. Will the gentleman yield?
    Mr. Weiner. Sure. I don't know to whom but yes.
    Mr. Calvert. Over here.
    Unknown Speaker. Mr. Calvert.
    Mr. Calvert. The--I think it has been made pretty clear 
based upon Ms. Lofgren's language that areas in the United 
States or the continental shelf of the United States where 
states do not want to have offshore exploration or drilling 
will not have it. But areas in the United States, such off the 
coast of Texas and Louisiana that have offshore drilling, if, 
in fact, there are methologies to go after those resources in a 
safe way and a more credible way, especially deep-water 
exploration, we ought to explore those ways of doing it. And a 
methology in which to come up with types of technologies has 
been brought out by both the minority and the majority, and I 
think we should support that.
    We could not sustain the energy we have in this country 
without the oil that has been produced off the gulf and off of 
Louisiana.
    Mr. Weiner. Mr. Chairman.
    Mr. Calvert. And so I----
    Mr. Weiner. Mr. Calvert, if I can just reclaim my time just 
for the purpose of clarification, you support offshore drilling 
for gas and for other things and----
    Mr. Calvert. In the areas in which those states and those 
areas have agreed to it.
    Mr. Weiner. Okay. Well, there are some of us who are 
concerned about it going on period, and there are some of us 
who are concerned about the presumption in this bill that has 
been negotiated among people who I think support offshore 
drilling to come up with a mechanism to do what was described 
by staff as a crash course to come up with this. This is the 
equivalent of supporting funding for the semi-conductor, the 
supercolliding semi-smashing thing, whatever we did in the 
'80s.
    Chairman Boehlert. Superconducting----
    Mr. Calvert. That had nothing to do with----
    Chairman Boehlert. I know that very well.
    Mr. Weiner. Right. But it would be the equivalent of giving 
it to a--of saying that although I might not think that is a 
great idea, let us go out and give a contract to the very guys 
who are going to ultimately build it. And I would further say 
if you go further into the bill and look at who gets the 
grants, again, in there is another--it seems another grant 
program for the industry. On page 62 and 63 it describes on who 
is going to be able to get the grants. One type of grant for 
research, development, and demonstration of technologies to 
maximize the value of the Government's natural gas.
    Section 2 is ultra-deepwater research, grants for research 
development and demonstration, and then the third one refers 
back to 486(c)(1)(D) that talks about a consortium among the 
industry, and it gives them--we don't evenly divide the grants. 
It goes 15, 15, and then 60 for that subsection. I mean, it 
strikes me, Mr. Chairman, that if you are someone like myself 
who kind of has some qualms about this, what we are voting on 
here at least with this section, is a dramatic expansion of 
grants going to industry that does this work that is going to 
be decided on not by the Government but by the industry-created 
arm. And it really does give me great pause and perhaps, I 
don't know, Mr. Chairman, you have been great on this issue. 
Maybe you can clarify that some.
    Mr. Calvert. Mr. Chairman, strike that last word.
    Chairman Boehlert. Mr. Calvert.
    Mr. Calvert. Again, you know, I would point out that this 
section of the bill has been negotiated by--with the majority 
and the minority to look at research and development, something 
we were talking about earlier.Research and development in ways 
that can safely and with confidence extract oil in areas in which 
states and localities have agreed to offshore extraction of oil. It has 
nothing to do with California or Florida or areas in which offshore oil 
drilling presently is not agreed to in those locations.
    Mr. Weiner. Would the gentleman yield on that point?
    Mr. Calvert. I would be happy to.
    Mr. Weiner. In point of fact the bill speaks to 
demonstration.
    Mr. Calvert. Claiming back my--reclaiming my time.
    Mr. Weiner. Sure.
    Mr. Calvert. Unless the areas in which you are referring 
to, I mean, alleged areas, unless they agree to those 
demonstrations then those projects will not take place because 
under existing law, whether in California or elsewhere, those 
areas must agree to those demonstrations taking place. It has 
nothing to do with areas such as Louisiana and Texas. And by 
the way I will say this once again. This country could not 
sustain itself, the oil that we receive out of the gulf. If the 
Gentleman would like to see us not receive any additional oil 
out of the Gulf of Mexico or offshore, we cannot sustain this 
country as we are presently doing. And we can extract that oil 
in areas in which those states are supportive of that type of 
extraction, and I would support this bill as it is constructed, 
and move on.
    Unidentified Speaker. Mr. Chairman.
    Chairman Boehlert. Mr. Weiner, your time has expired.
    Mr. Bartlett. Mr. Chairman.
    Chairman Boehlert. Dr. Bartlett, are you seeking 
recognition?
    Mr. Bartlett. I am, sir.
    Chairman Boehlert. Well, just let the Chair interject here 
at this point. Mr. Weiner, you and I have voted alike on 
several amendments, high-profile amendments in recent weeks on 
the floor, and I am not one that is anxious for pell-mell 
expansion of offshore oil drilling. This is only for existing, 
already approved oil drilling, and this is engaging in R&D; to 
make it even safer and better. That is the essence of the whole 
amendment.
    With that I recognize Dr. Bartlett.
    Mr. Bartlett. Mr. Chairman, I am opposed to offshore 
drilling. I am opposed to drilling in ANWR not for 
environmental reasons but simply because if you have only 2 
percent of the known reserves of oil it doesn't make any sense 
to me to rush out and find and pump that oil. If you pumped it 
all tomorrow, what would you do the day after tomorrow?
    But I am still strongly supportive of this language because 
one day when it is a rainier day than we have today we are 
going to have to pump that oil, and when we do it, I want to do 
it in the best possible way, and this is simply R&D; to be 
prepared so that when we need to go out there, we will do it in 
the best possible way.
    I am opposed to drilling now but I am not opposed to R&D; so 
that when it--when we have to do it, we will do it right.
    Chairman Boehlert. Well, that about sums up----
    Ms. Woolsey. Mr. Chairman.
    Chairman Boehlert. Yes. Ms. Woolsey.
    Ms. Woolsey. Very quickly. Mr. Weiner, you--see if I am 
hearing you right. One of the concerns is this is a great deal 
of money. We aren't putting that much into renewable energy 
sources. We are helping an industry that pretty much could help 
itself, and I think that has a lot to do with our concerns on 
this side.
    Mr. Weiner. Would the gentleman yield----
    Ms. Woolsey. Yes, I will.
    Mr. Weiner [continuing]. For a moment? I appreciate what 
you are saying, Mr. Chairman, and I have great confidence in 
your not guiding us down any path that is unwise here. I must 
say that I have yet to hear an explanation on the merits 
besides precedent for why it is the industry should be not only 
getting the grants but in charge of coming up with an 
organization to decide who gets the grants.
    Saying that it is expeditious, that they know the business, 
well, apparently great care went into drafting the advisory 
panel language here that talks in great length about the 
expertise we want the advisory committee to have.
    Chairman Boehlert. Mr. Weiner----
    Mr. Weiner. Yes, sir.
    Chairman Boehlert. Businesses loan money. Your five minutes 
have expired. I mean----
    Ms. Woolsey. It is my time.
    Mr. Weiner. I was actually on a yield----
    Chairman Boehlert. Your five minutes----
    Mr. Weiner [continuing]. And I would yield back.
    Ms. Lofgren. Mr. Chairman.
    Chairman Boehlert. We have debated this endlessly. This is 
loan money. There is a recoupment provision. This is something 
that has been worked out with both sides. Let me tell you 
something. I stand with you, and I have stood with you on the 
floor and have argued the case against expansion of offshore 
oil drilling off the coast of Florida, in the Great Lakes, and 
in my bathroom for that matter. Imean, there is some people 
that want to drill any place they can find a place to drill.
    But this deals only with those drilling that has already 
been approved. This is not expanding it. It is----
    Ms. Lofgren. Mr. Chairman, would you just----
    Unidentified Speaker. Would the gentle----
    Unidentified Speaker. One more moment, please.
    Chairman Boehlert. I have listened to several people make a 
request. I would recognize only one. Mr. Weiner.
    Mr. Weiner. I am actually on the gentlewoman's yielded 
time. To say that it has been worked out, that gives me 
comfort. It does. Can someone give me a substantive reason why 
the industry gets to decide, an industry-created panel that is 
going to give grants to the industry about how to further the 
industry when we have a governmental agency and----
    Ms. Jackson Lee. Mr. Chairman, can----
    Unidentified Speaker. Wait.
    Unidentified Speaker. Chairman, it is called penal review. 
We do it everywhere in the government.
    Ms. Jackson Lee. Mr. Chairman, I think the gentleman does 
deserve an answer, and I will reflect back on some of the 
efforts made by the Clinton Administration with respect to 
paper, aluminum, and steel where they collaborated with 
industries to be able to do research. But let me say that it 
does not preclude academic institutions, and I guess I rise to 
support it based on the fact that it is research and 
development, and that institutions, academic institutions I 
hope nationwide can be part of this so that whether you are pro 
or con we can get pure research that tells us which direction 
we can go in oil and gas.
    But we have had a history of collaboration, and it is a 
loan, and it will be paid back through the royalties, and I 
yield back, Mr. Chairman.
    Chairman Boehlert. Ms. Lofgren.
    Ms. Lofgren. I just wanted to make a brief comment because 
if the model is SEMATECH, that really is an excellent model, 
and I don't know if everybody on the Science Committee is aware 
what happened at that time but as I think back and the 
semiconductor industry was destroyed. I mean, it was on the 
verge of going away completely to Japan, and the late and 
absolutely totally great, Bob Noise, stepped down from Intel to 
head up SEMATECH, which was a consortium of semiconductor 
companies. It was very controversial at the time because there 
were loans involved, and there were grants just as this model 
is, grants made to academic entities and to other institutes. 
And basically they saved the semiconductor industry for America 
for which I am very grateful.
    Now, obviously, this is a different mission, which is to 
use technology, and you could argue whether or not we want to 
do that with the loan program but I can say that really the 
semi model was a very effective approach. And I thank the 
Chairman for allowing me to speak.
    Chairman Boehlert. Thank you for that intervention. Ms. 
Rivers.
    Ms. Rivers. Thank you, Mr. Chair. I just want to raise an 
issue of consistency because I have spent many an hour in this 
particular hearing room listening to people attack the Advanced 
Technology Program, listening to people attack the Department 
of Energy Grant Program, and essentially saying that the 
Government should absolutely not under any circumstances ever 
be funding anything that private industry can fund on its own.
    Now, I happen to think there are very good reasons to 
invest in R&D; efforts through private industry but I am very 
unhappy when I hear people who argue vigorously against doing 
that because they don't agree with particular programs.
    And I would hope that we would take a consistent position 
that it is good to have allies in private industry. It is good 
to work within existing infrastructure. It is good to invest in 
research and development and not pick and choose our friends 
and the programs that are important to our country.
    Chairman Boehlert. Particularly well-said. Thank you so 
much. Are there any other amendments? If none, then----
    Mr. Baird. Mr. Chair. This will be brief.
    Chairman Boehlert. Who seeks--Mr. Baird.
    Mr. Baird. Move to strike the last word. I wonder if in the 
process I have great respect for the Chair and respect his 
position on a variety of issues of concern here, the 
environment and others and so this is not meant to criticize 
the Chair per se, and I understand the pressures that have 
moved with some expediency to bring this hearing and this mark-
up to the floor or to the body.
    I have some concern about the tendency here to move things 
very rapidly without adequate debate or discussion or hearings, 
and I think we may have seen that a little bit. I see a lot of 
folks reading through the bill, et cetera. One fundamental 
question that I would like to ask counsel on this before 
proceeding would be could you give us two things. One, some 
simple, thumbnail sketch of net money being spent on renewables 
and conservation as opposed to nuclear and petroleum in this 
bill.
    Chairman Boehlert. The Chair recognizes counsel as he is 
grabbing--
    Dr. Watson.
    Dr. Watson. I have a chart here. Yes.
    Chairman Boehlert. You have a chart that has been 
distributed to all members?
    Dr. Watson. Yes.
    Chairman Boehlert. It is in the members' packets.
    Dr. Watson. No. This is a revised----
    Chairman Boehlert. But Mr. Baird makes a good point, and I 
would suggest, and you know, everybody has been working so hard 
day and night and trying to work everything out but it would be 
nice to have a thumbnail sketch summary with dollar, you know, 
without the section by section, 25-page analysis. We didn't 
want to delay this mark-up, you know, until tomorrow with the 
potential for a very busy schedule tomorrow, interruptions 48 
times, and then we would be carried over to next week. We 
wanted to get it finished with, and everybody, both sides, 
worked diligently to work out the differences, and now we have 
them worked out. We are paying somewhat of a penalty by going 
forward. We don't have some of the things that members really 
have every right to ask for. It is a very reasonable request. 
The Chair has the same request, only I was a little bit more 
silent about it. Dr. Ehlers has an observation relating to 
your----
    Mr. Baird. Actually, another request, Mr. Chairman, because 
I am fully supportive of what we are doing here, and I like the 
original bill, we have gone through a number of amendments, 
particularly the en bloc amendment. I think we should just 
realize that we have another bite out of the apple when we hit 
the floor. But another concern of mine is how is--how this will 
mesh with the other bills on energy being produced by other 
committees. Therefore, my request is that if the staff could 
assemble the final version of this bill, excuse me, as amended 
as soon as possible and distribute it to us so that we can read 
it and begin preparing for floor debate, and particularly use 
it as a reference when looking at the bills that are coming out 
of the other committees.
    Chairman Boehlert. Legislative counsel will be doing that, 
and let me suggest, I mean, we all know each other quite well 
those of us who have been around more than a couple of hours. I 
would suggest that this is going to be probably the most 
positive portion of a comprehensive bill where I have a number 
of problems and as many of my colleagues do on both sides of 
the aisle.
    Are there any other----
    Unidentified Speaker. If the gentleman would yield.
    Mr. Baird. Mr. Chair, I am not sure I finished my time.
    Chairman Boehlert. All right.
    Mr. Baird. That is all right.
    Chairman Boehlert. The gentleman is recognized for----
    Mr. Baird. I have got----
    Chairman Boehlert [continuing]. Three minutes and 40 
seconds.
    Mr. Baird. Thanks, Mr. Chair. I timed it pretty close to 
that. I have--this is the problem with sort of hurrying things 
through but I have got the Democratic Staff's version of H.R. 
2460, and as I look at say renewable energy under Democratic 
Staff, and I will ask Democratic Staff to help me here, and it 
may be without the en bloc admittedly, I am seeing numbers on 
renewable energy that are substantially different than staff 
counsel's, and I am just trying to reconcile those.
    Chairman Boehlert. Mr.--Dr. Watson, can you----
    Dr. Watson. I will not voucher the absoluteness of my 
numbers. I am operating under a little sleep deficit.
    Mr. Baird. We understand that.
    Dr. Watson. I may----
    Mr. Baird. Well, let me ask you----
    Chairman Boehlert. Do both sides agree with the numbers 
that are appearing some place?
    Unidentified Speaker. Yeah.
    Chairman Boehlert. Mr. Baird, do you have those numbers?
    Mr. Baird. Yeah. I think it may have been explained.
    Dr. Watson. I assume it is just the difference between the 
en bloc amendment we added. The numbers changed again last 
night.
    Chairman Boehlert. Well, the chart he has does not have the 
numbers from----
    Mr. Baird. I think I have got them, Mr. Chair. I think it 
has been explained. Let me ask then with my remaining 14.56 
seconds----
    Chairman Boehlert. All right.
    Mr. Baird [continuing]. And nanoseconds I am sure, I see a 
fairly substantial expenditure here for fusion energy, and I am 
curious as to how much this country has spent on fusion energy 
over the last two decades, and how much energy it has produced 
relative to how much we have spent on solar energy and how much 
energy is produced. I don't expect you to have that number but 
I would just point out for the record that we are spending 
annually tremendous amounts of money on fusion without a 
kilowatt of energy being produced relative to what we spend on 
other----
    Chairman Boehlert. It has great potential. Ms. Lofgren, you 
might want to address that subject.
    Ms. Lofgren. Thank you, Mr. Chairman. I would loveto, and 
fusion, the gentleman is correct that fusion has not yet achieved its 
potential, however, we--it is a science project. It is not an 
electricity-generation project, and we have cut the budget for fusion 
research by 40 percent since I became a member of Congress.
    This is an effort, and I am joined I think by 39 members of 
the House and I think 15 members of the Science Committee in 
putting together a comprehensive measure that will get us to 
where we need to be to a burning plasma experiment, which is 
the next step to see whether or not, and we believe actually we 
are now moving forward, we have produced energy. It is just we 
can't sustain it so that we know that fusion is possible but 
without the investment in science by mid-century we will be out 
of fossil fuels without a source of energy that will serve us 
for the remainder of the century.
    Mr. Nethercutt. Will gentlelady yield?
    Ms. Lofgren. Certainly.
    Mr. Nethercutt. I think the gentlelady is absolutely right. 
You know, we spend millions of dollars on cancer research, 
diabetes research, and a lot of research. We haven't cured 
cancer or diabetes yet. So I would say to my friend from 
Washington, you know, be patient. This is well-spent money. It 
is going to be I think a long-term, very beneficial solution 
for all of us. It is clean energy but it is not going to happen 
tomorrow. We have to keep at it.
    Mr. Baird. Well, my friend from Washington----
    Mr. Nethercutt. It is not my time. I yield back.
    Ms. Lofgren. I would certainly yield to the gentleman.
    Mr. Baird. I appreciate that but we have been--my point is 
that we have been spending this on a distant promise. Of course 
fusion is possible. The sun is a fusion reactor but--and hot. 
We have been doing this for 20 years. My original question was 
this, and I will reiterate it because I think the comments, 
though well taken, are not particularly germane. My original 
question was to what extent have we generated actual kilowatt 
hours for the dollars invested by solar energy and other 
renewables versus actual kilowatt hours for the dollars 
invested in fusion. And I understand, I have been tracking this 
since the early days of tokamak but I don't see that we are 
getting the return on investment. And if I had to prioritize 
our expenditures, if we have a crisis, if we don't have a 
crisis, then what is the point of accelerating the mark-up 
today, if we have a crisis, it seems to me you invest your 
first dollars most immediately and where you get an actual 
return on energy investment. And we have gotten no net energy 
return on investment. That is the point----
    Ms. Lofgren. If I may reclaim my time, the--this bill I 
think is a mix of approaches. Some are for today, some of them 
are for the near term, the next several years or a decade, and 
some are for our long-term future as a planet. And if we are 
serious about global climate change, the only piece of the 
energy mix that is going to provide that solution is the 
investment that we are making in fusion energy.
    Now, there has not been commercial electricity generated by 
fusion energy, and no one has suggested that that has yet 
occurred or will happen in any likelihood in the next ten 
years. But if we fail to take the long-term view on--to secure 
the safety of our environment and to avert global climate 
change, I think we will all regret that. We may not live to 
regret it but certainly our children will----
    Chairman Boehlert. The gentlelady's time----
    Ms. Lofgren [continuing]. And I thank you----
    Chairman Boehlert [continuing]. Has expired.
    Ms. Lofgren [continuing]. Chairman for----
    Chairman Boehlert. She has ended on a positive note. All 
time has expired. No further amendments. Hearing none the 
question is on the bill H.R. 2460, Comprehensive Energy 
Research and Technology Act of 2001 as amended. All those in 
favor, say aye. Opposed, no. In the opinion of the Chair the 
ayes have it.
    I now will recognize Mr. Costello for a motion.
    Mr. Costello. Mr. Chairman, in Mr. Hall's absence I would 
move that the Committee favorably report H.R. 2460 as amended 
to the House with the recommendation that the bill is amended 
as passed. Furthermore, I move that staff be instructed to 
prepare the legislative report and make necessary technical and 
conforming changes, and that the Chairman take all necessary 
steps to bring the bill before the House for consideration.
    Chairman Boehlert. The Chair notes the presence of a 
reporting quorum. The question is on the motion to report the 
bill favorably. Those in favor of the motion will signify by 
saying aye. Opposed, no.
    I thank everybody here for their indulgence today. I move 
that the Members have two subsequent calendar days in which to 
submit supplementary, minority, or additional views on the 
measure. I move pursuant to Clause 1 of rule 22 of the Rules of 
the House that the Committee authorize the Chairman to offer 
such motions as may be necessary in the House to go to 
conference with the Senate on the bill H.R. 2460 or a similar 
Senate bill.
    This concludes our Committee Markup. Thank you all very 
much.
    [Whereupon, at 7:30 p.m., the Committee was adjourned.]

  H.R. 2460--Comprehensive Energy Research and Technology Act of 2001 
                      Section-by-Section Analysis

                      (To H.R. 2460 as Introduced)

Section 1. Short title; table of contents
    Subsection 1(a) cites the Act as the ``Comprehensive Energy 
Research and Technology Act of 2001,'' and subsection 1(b) contains the 
bill's Table of Contents.
Sec. 2. Findings
    Section 2 contains the 8 findings.
Sec. 3. Purposes
    Section 3 contains the 8 purposes of the Act.
Sec. 4. Goals
    Section 4 requires the Secretary of Energy, in consultation with 
others, to perform an assessment that establishes measurable cost and 
performance-based goals, for 2005, 2010, 2015, and 2020 for each of the 
programs authorized by this Act that would enable each such program the 
purposes of under section 3. The assessment is to be based on the 
latest scientific and technical knowledge, and shall also take into 
consideration, as appropriate, the comparative environmental impacts 
(including emission of greenhouse gases) of the energy saved or 
produced by specific programs. Within 120 days of the date of enactment 
of this Act, the Secretary is to issue--and publish in the Federal 
Register--a set of draft goals for public comment, and within 180 days, 
after taking into consideration any public comments received, to 
transmit to Congress and publish in the Federal Register the final 
goals. These goals must be updated on a biennial basis.
Sec 5. Definitions
    Secton 5 defines the terms: (1) ``Administrator'' to mean the 
Administrator of the Environmental Protection Agency (EPA); (2) 
``appropriate congressional committees'' to mean--(A) the Committee on 
Science and the Committee on Appropriations of the House; and (B) the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate; (3) the ``Department'' to mean the 
Department of Energy; and (4) the ``Secretary'' to mean the Secretary 
of Energy.
Sec. 6. Authorizations
    Section 6 states that authorizations of appropriations under this 
Act are for environmental research and development, scientific and 
energy research, development, and commercial applications of energy 
technology programs, projects, and activities. This is consistent with 
the Science Committee's jurisdiction under rule X, clause 1(n) of the 
Rules of the House.
Sec. 7. Sense of Congress
    Section 7 addresses funding balance by expressing 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
    Subtitle A directs the Secretary to establish an alternative fuel 
vehicle energy demonstration and commercial application of energy 
technology competitive grant pilot program. The $200.0 pilot program is 
to award not more than 15 grants, limited to a maximum of $20.0 
million, to State governments, local governments, or metropolitan 
transportation authorities to acquire alternative fuel vehicles.
Sec. 101. Short title
    Subsection 101 cites the subtitle as the ``Alternative Fuel Vehicle 
Acceleration Act of 2001.'' Act as the ``Comprehensive Energy Research 
and Technology Act of 2001.'' and subsection.
Sec. 102. Definitions
    Section 102 defines the terms ``alternative fuel vehicle'' and 
``pilot program.''
Sec. 103. Pilot program
    Subsection 103(a) directs the Secretary to 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).
    Subsection 103(b) defines the purposes for which the grants may be 
used, as follows:
          ``(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.''
    Subsections 103(c), (d), and (e) set out the grant applications 
requirements, selection criteria, and pilot project requirements, 
respectively. Subsection 103(e) limits: (1) the amount of an award to 
any one applicant to not more than $20.0 million; (2) the Federal cost 
share to not more than 50 percent; and (3) the length of the funding 
period to not more than 5 years.
Sec. 104. Report
    Section 104 requires the Secretary to transmit an initial report to 
the Committee on Science and to the Senate Committee on Energy and 
Natural Resources within 60 days after the grants are awarded, and a 
report containing an evaluation of the pilot program's effectiveness 
not later than 3 years after the date of enactment to the same 
Committees. The evaluation report is to include ``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,'' and is to be updated annually until the program ends.
Sec. 105. Authoritization of appropriations
    Section 105 authorizes $200.0 million for the pilot program, to 
remain available until expended.
                subtitle b--distributed enery resources
Sec. 121. Distributed energy resources research, development, 
        demonstration, and commercial application
    Section 121 directs the Secretary to develop and implement a 
comprehensive and cooperative research, development, and demonstration, 
and commercial application program to ensure the reliability, 
efficiency and environmental responsibility of distributed energy 
resources. The program is to address advanced energy technologies and 
systems, advanced grid reliability technologies, development, and 
technology transfer and education. It is to include the integration of 
renewable energy resources, fuel cells, combined heat and power 
systems, microturbines, advanced natural gas turbines, advanced 
internal combustion engine generators, energy storage devices, any 
other technologies, as appropriate, interconnection standards, 
protocols, and equipment, and ancillary equipment for dispatch and 
control.
Sec. 122. Program plan
    Section 122 requires the Secretary, in consultation with other 
appropriate Federal agencies, within 120 days of enactment, to present 
to Congress a 5 year program plan to guide activities under this 
subtitle, including the creation of cost-sharing programs with private 
entities.
Sec. 123. Report
    Section 123 instructs Secretary to report to Congress every two 
years on the program's progress.
    subtitle c--department of energy authorization of appropriations
Sec. 131. Authorization of appropriations
    In addition to the $200.0 million authorized in section 105 for the 
alternative fuel vehicle grant pilot program, subsection 131(a) 
authorizes $600.0 million for fiscal year (FY) 2002, $700.0 million for 
FY 2003; and (3) $800 million for FY 2004 for Energy Conservation 
operation and maintenance (including Building Technology, State and 
Community Sector, Industry Sector, Transportation Sector, Power 
Technologies, and Policy and Management), to remain available until 
expended.
    Subsection 131(b) provides that none of the funds authorized to be 
appropriated in subsection 131(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.'' This limitation is 
included to preserve the Science Committee's sole jurisdiction over the 
bill, since the jurisdiction of these programs either resides with the 
Committee on Energy and Commerce, or is shared with that Committee.
subtitle d--environmental protection agency office of air and radiation 
                    authorization of appropriations
Sec. 141. Short title
    Section 141 cites the subtitle as the ``Environmental Protection 
Agency Office of Air and Radiation Authorization Act of 2001.''
Sec. 142. Authorization of appropriations
    Section 142 authorizes to be appropriated to the EPA Administrator 
for the Office of Air and Radiation a total of $156.7 million for FY 
2002; $163.0 million for FY 20993, and $169.4million for FY 2004, to 
remain available until expended. Of these amounts, $28.3 million for FY 
2902, $29.4 million for FY 2993, and $30.6 million for FY 2004 shall be 
for Science; and $128.4 million for FY 2002, $133.6 million for FY 
2003, and $138.8 million for FY 2004 shall be for Climate Change 
Protection Programs, including--
          (A) $52.7 million for FY 2002, $54.8 million for FY 2003, and 
        $57.0 million for FY 2004 for Buildings;
          (B) $32.4 million for FY 2002, $33.7 million for FY 2003, and 
        $35.0 million for FY 2004 for Transportation;
          (C) $32.0 million FY 2002, $33.3 million for FY 2003, and 
        $34.6 million for FY 2004 for Industry;
          (D) $1.7 million for FY 2002, $1.750 million FY 2003, and 
        $1.8 million for FY 2004 for Carbon Removal;
          (E) $2.5 million for FY 2002, $2.6 million for FY 2003, and 
        $1.8 million for FY 2004 for State and Local Climate;
          (F) $6.3 million for FY 2002, $6.6 million for FY 2003, and 
        $6.8 million for FY 2004 for International Capacity Building; 
        and
          (G) $0.8 million for FY 2002, $0.85 million FY 2003, and $0.9 
        million for FY 2004 for Technical Cooperation with Industrial 
        and Developing Countries.
Sec. 143. Limits on use of funds
    Subsection 143(a) prohibits the use of funds authorized by this Act 
to award, amend, or modify a contract of the EPA 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. It also requires that 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 congressional committees a report 
notifying the committees of the waiver and setting forth the reasons 
for the waiver.
    Subsection 143(b) prohibits EPA from using of funds 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.
    Subsection 143(c) prohibits EPA from using funds to initiate 
Requests for Proposals (RFPs) for unauthorized programs, projects, or 
activities.
    Subsection 143(d) prohibits EPA from using funds, either directly 
or indirectly, to fund a grant, contract, subcontract or any other form 
of financial assistance awarded by the Agency to a trade association on 
a noncompetitive basis.
Sec. 144. Cost sharing
    Section 144 requires non-Federal cost-sharing of at least: (a) 20 
percent for R&D; carried out by industry; and (b) 50 percent of any 
demonstration or commercial application program, project, or activity.
Sec. 145. Limitations on demonstrations and commercial application of 
        energy technology
    Section 145 requires the Administrator to provide funding only for 
demonstration or commercial application programs, projects and 
activities for technologies or processes that can reasonably be 
expected to yield new, measurable benefits to the cost, efficiency, or 
performance of the technology or process.
Sec. 146. Reprogramming
    Section 146 prohibits the reprogramming of funds in excess of 105 
percent of the amount authorized for a program, project, or activity, 
or in excess of $0.25 million above the amount authorized for the 
program, program, project, or activity until the Administrator submits 
a report to the appropriate congressional committees and a period of 30 
days has elapsed after the date on which the report is received.
Sec. 147. Budget request format
    Section 147 requires the Administrator to provide to the 
appropriate congressional committees, to be transmitted at the same 
time as the EPA'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 two 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.
Sec. 148. Other provisions
    Subsection 148(a) requires the Administrator to provide 
simultaneously to the Science Committee: (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 ordevelopment, scientific or energy research, development, or 
demonstration, or commercial application of energy technology programs, 
projects, or activities of the EPA, provided to any committee of 
Congress.
    Subsection 148(b) requires the Administrator to 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
    Subsection 201 cites the subtitle as the ``Robert S. Walker and 
George E. Brown, Jr. Hydrogen Energy Act of 2001.''
Sec. 202. Purposes
Sec. 203. Definitions
Sec. 204. Reports to Congress
Sec. 205. Hydrogen research and development
Sec. 206. Technology transfer
Sec. 208. Coordination and consultation
Sec. 209. Advisory committee
Sec. 210. Authorization of appropriations
    Sections 202 through 210 amend sections 102(b), 102(c) and 103 
through 108 of the Spark M. Matsunaga Hydrogen Research, Development, 
and Demonstration Act of 1990. These include changes to revise its 
purposes to include R&D; activities leading to the use of hydrogen for 
commercial applications, and the development of a hydrogen production 
methodology that minimizes adverse environmental impacts, including 
efficient and cost-effective production from renewable and nonrenewable 
resources. The subtitle also amends as a purpose the development of 
renewable energy resources as a primary source of energy for hydrogen 
production. It also instructs the Secretary to report annually to 
Congress on programs and activities authorized under the Act, conduct a 
hydrogen technology transfer program designed to accelerate wider 
application in foreign countries, increase the global market for 
hydrogen technologies, and foster global economic development without 
harmful environmental effects and enter into arrangements with the 
National Academies of Sciences and Engineering to establish an advisory 
committee to replace the current Hydrogen Technical Advisory Panel.
Sec. 210. Authorization of appropriations
    Subsection 210 amends Section 109 of Spark M. Matsunaga Hydrogen 
Research, Development, and Demonstration Act of 1990 to provide 
authorization of appropriations for the 5-year period, FY 2002-FY 2006.
    Subsection 210(a) authorizes $40.0 million for FY 2002, $45.0 
million for FY 2003, $50.0 million for FY 2003, $55.0 million for FY 
2005, and $60.0 million for FY 2006 for hydrogen research and 
development (R&D;) activities and the advisory committee.
    Subsection 210(b) authorizes $20.0 million for FY 2002, $25.0 
million for FY 2003, $30.0 million for FY 2003, $35.0 million for FY 
2005, and $40.0 million for FY 2006 for hydrogen development 
activities.
Sec. 211. Repeal
    Section 211 amends the Hydrogen Future Act of 1996 to repeal the 
program relating to the integration of fuel cells with hydrogen 
production systems.
                         subtitle b--bioenergy
Section 221. Short title
    Section 221 cites the Act as the ``Bioenergy Act of 2001.''
Sec. 222. Findings
    Section 222 lists five findings.
Sec. 223. Definitions
    Section 223 defines the term ``biofuels'' to include the production 
of industrial chemicals.
Sec. 224. Authorizations
    Section 224 authorizes the Secretary to conduct bioenergy-related 
research, development, demonstration, and commercial application 
programs, projects, and activities, including: (1) biopower energy 
systems, (2) biofuels energy systems, and (3) integrated bioenergy R&D.;
Sec. 225. Authorization of appropriations
    As shown in the following table, section 225 authorizes a total of 
$912.2 million for Biopower Energy Systems, Biofuels Energy Systems, 
and Integrated Bioenergy R&D; for the 5-year period, FY 2002-FY 2006. 
Also shown in the table is the current (i.e., FY 2001) funding for 
these programs.

                              BIOENERGY ACT OF 2001 AUTHORIZATIONS: FY 2002-FY 2006
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Total (FY02-
             Program                FY 2001    FY 2002    FY 2003    FY 2004    FY 2005    FY 2006      FY06)
----------------------------------------------------------------------------------------------------------------
Biopower.........................     39,742     45,700     52,500     60,300     69,300     79,600      307,400
Biofuels.........................     46,526     53,500     61,400     70,600     81,100     93,200      359,800
Integrated Bioenergy R&D.........;          0     49,000     49,000     49,000     49,000     49,000      245,000
                                  ------------------------------------------------------------------------------
      Total......................     86,268    148,200    162,900    179,900    199,400    221,800      912,200
----------------------------------------------------------------------------------------------------------------

              subtitle c--authorization of appropriations
Sec. 241. Authorization of appropriations
    Including the amounts authorized for hydrogen under section 201 and 
for bioenergy under section 225, subsection 241(a) authorizes $475.0 
million for FY 2002, $585.0 million for FY 2003, and $620.0 million for 
FY 2004 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, to remain available until expended.
    Subsection 241(b) provides that none of the funds authorized to be 
appropriated in subsection 131(a) may be used for: ``(1) Departmental 
Energy Management Program; or (2) Renewable Indian Energy Program.'' 
This limitation is included to preserve the Science Committee's sole 
jurisdiction over the bill, since the jurisdiction of these programs 
either resides with the Committee on Energy and Commerce, or is shared 
with that Committee.

                       Title III--Nuclear Energy

         subtitle a--university nuclear science and engineering
Section 301. Short title
    Section 301 cites the Act as the ``Department of Energy University 
Nuclear Science and Engineering Act.''
Sec. 302. Findings
    Section 302 lists three findings.
Sec. 303. Department of Energy Program
    Subsection 303(a) directs the Secretary of Energy, through the 
Office of Nuclear Energy, Science and Technology (Office) to maintain 
the Nation's human resource investment and infrastructure related to 
civilian nuclear R&D.;
    Subsection 303(b) requires the Director of the Office: (1) develop 
a robust graduate and undergraduate program to attract new students; 
(2) develop a Junior Faculty Research Initiation Grant to recruit and 
maintain new faculty; (3) maintain investment in the Nuclear 
Engineering Education Research Program; (4) encourage collaborative 
nuclear research between industry, national labs and universities 
through Nuclear Energy Research Initiative; and (5) support public 
outreach regarding nuclear science and engineering.
    Subsection 303(c) directs the Office to provide for: (1) university 
research and training reactor refueling, upgrade of operational 
instrumentation upgrading, reactor sharing, relicensing collaboration 
with industry, awards for reactor improvements for research, training 
and education.
    Subsection 303(d) directs the Secretary to develop a program in the 
Office of Nuclear Energy, Science and Technology for: nuclear science 
and technology sabbatical fellowship for university professors at the 
DOE labs; visiting scientist program for DOE lab staff to visit 
universities' nuclear science programs to work with faculty and staff.
    Subsection 303(e) requires cost sharing in the reactor's operation 
costs by investigator and the host institution.
    Subsection 303(f) requires that all grants, contracts, cooperative 
agreements or other financial assistance awards under this act be made 
based on independent merit review.
Sec. 304. Authorization of appropriations
    Subsection 304(a) authorizes total appropriation of funds to carry 
out the purposes of the act and for all funds to remain available until 
expended, $30.2 million for FY 2002; $42.0 millionfor FY 2003; $47.9 
million for FY 2004; $55.6 million for FY 2005; and $64.1 million for 
FY 2006.
    For the Junior Faculty Research Initiation Grant Program to carry 
out subsection 303(b)(2) for the funds authorized in subsection 304(a), 
subsection 304(c) authorizes $50.0 million for FY 2002, $7.0 million 
for FY 2003; $8.0 million for FY 2004; $9.0 million for FY 2005; and 
$10.0 million for FY 2006.
    For the Nuclear Engineering and Education Research Program to carry 
out subsection 303(b)(3) from the funds authorized in subsection 
304(a), subsection 304(d) authorizes $8.0 million for FY 2002, $12.0 
million for FY 2003; $13.0 million for FY 2004; $15.0 million for FY 
2005; and $20.0 million for FY 2006.
    For Communication and Outreach Related to Nuclear Science and 
Engineering to carry out subsection 303(b)(5) from the funds authorized 
in subsection 304(a), subsection 304(e) authorizes $0.2 million for 
each of FY 2002 and FY 2003, and $0.3 million for each of FY 2004-FY 
2006.
    For Refueling of Research Reactors and Instrumentation Upgrades to 
carry out section 303(c)(1) from the funds authorizes in subsection 
304(a), subsection 304(f) authorizes $6.0 million for FY 2002, $6.5 
million for FY 2003; $7.0 million for FY 2004; $7.5 million for FY 
2005; and $8.0 million for FY 2006.
    For Re-Licensing Assistance to carry out subsection 303(c)(2) from 
the funds authorized in subsection 304(a), subsection 304(g) authorizes 
$1.9 million for FY 2002, $1.1 million for FY 2003; $1.2 million for FY 
2004; and $1.3 million for each of FY 2005 and FY 2006.
    For the Reactor Research and Training Award Program to carry out 
subsection 303(c)(3) from the funds authorized in subsection 304(a) 
subsection 304(h) authorizes $6.0 million for FY 2002, $10.0 million 
for FY 2003; $14.0 million for FY 2004; $18.0 million for FY 2005; and 
$20.0 million for FY 2006.
    For University-DOE Laboratory Interactions to carry out subsection 
303(c)(3) from the funds authorized in subsection 304(d), subsection 
304(i) authorizes $1.0 million for FY 2002, $1.1 million for FY 2003; 
$1.2 million for FY 2004; and 41.3 million for each of FY 2005 and FY 
2006.
 subtitle b--spent nuclear fuel and fuel cycle research, development, 
                           and demonstration
Sec. 321. Office of Spent Nuclear Fuel Research
    Subsection 321(a) defines the term ``Associate Director'' to mean 
the Associate Director of the Office of Spent Nuclear Fuel Research 
established by subsection 321(b).
    Subsection 321(b) establishes an Office of Spent Nuclear Research 
within the Office of Nuclear Energy, Science and Technology of the 
Department.
    Subsection 321(c) specifies that the Office 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.
    Subsection 321(d) defines the duties of the Associate Director. The 
Associate Director shall coordinate the participation of national 
laboratories, other DOE facilities, universities, the commercial 
nuclear industry, and other organizations in the research, development, 
and demonstration (RD&D;) of technologies for the treatment, recycling, 
and disposal of spent nuclear fuel and high-level radioactive waste. 
The Associate Director shall also: (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 RD&D; 
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 or 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.
    Subsection 321(e) permits the Secretary to make grants, or enter 
into contracts, for the purposes of the activities described in 
subsection 321(d)(2).
    Subsection 321(f) requires the Secretary shall annually submit to 
the appropriate congressional committees a report on the activities and 
expenditures of the Office that describes the progress being made in 
the activities described in subsection 321(d)(2).
Sec. 322. Advanced fuel recycling technology research and development 
        program
    Section 322(a) requires the Secretary, through the Director of the 
Office of Nuclear Energy, Science and Technology, to conduct an 
advanced fuel recycling technology R&D; program tofurther 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.
    Section 322(b) directs the Secretary shall report on the activities 
of the advanced fuel recycling technology R&D; program, as part of the 
Department's annual budget submission.
    Section 322(c) authorizes $10.0 million for FY 2002; and (2) such 
sums as are necessary for FY 2003 and FY 2004.
    subtitle c--department of energy authorization of appropriations
Sec. 341. Nuclear research initiative
    Subsection 341(a) requires the Secretary, through the Office of 
Nuclear Energy, Science and Technology, to conduct a Nuclear Energy 
Research Initiative for grants to be competitively awarded and subject 
to peer review for research relating to nuclear energy.
    Subsection 341(b) mandates that the program 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 development worldwide; and (5) promoting United 
States leadership and partnerships in bilateral and multilateral 
nuclear energy research.
    Subsection 341(c) authorizes to be appropriated to the Secretary to 
carry out this section: (1) $60.0 million for FY 2002; and (2) such 
sums as are necessary for FY 2003 and FY 2004.
Sec. 342. Nuclear Energy Plant Optimization Program
    Subsection 342(a) requires the Secretary to conduct a Nuclear 
Energy Plant Optimization R&D; 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.
    Subsection 342(b) states the program shall be directed toward 
accomplishing the following technical objectives: (1) managing long-
term effects of component aging; and (2) improving efficiency and 
productivity of existing nuclear power stations.
    Subsection 342(c) authorizes to be appropriated to the Secretary to 
carry out this section: (1) $15.0 million for FY 2002; and (2) such 
sums as are necessary for FY 2003 and FY 2004.
Sec. 343. Nuclear energy technologies
    Subsection 343(a) requires the Secretary to conduct a study of 
Generation IV nuclear energy systems, including development of a 
technology roadmap and performance of R&D; necessary to make an informed 
technical decision regarding the most promising candidates for 
commercial application.
    Under subsection 343(b), to the extent practicable, in conducting 
the study under subsection 343(a), the Secretary shall study nuclear 
energy systems that offer the highest possibility 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.
    In preparing the study under subsection 343(b), subsection 343(c) 
requires the Secretary to consult with appropriate representatives of 
industry, institutions of higher education, Federal agencies, and 
international, professional and technical organizations.
    Subsection 343(d) requires that, not later than December 31, 2002, 
the Secretary shall transmit to appropriate congressional committees a 
report describing the activities of the Secretary under this section, 
and plans for R&D; leading to a public/private cooperative demonstration 
of one or more Generation IV nuclear energy systems. 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 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.
    Subsection 343(e) authorizes to be appropriated to the Secretary to 
carry out this section: (1) $50.0 million for FY 2002; and (2) such 
sums as are necessary for FY 2003 and FY 2004.
Sec. 344. Authorization of appropriations
    Subsection 344(a) authorizes to carry out activities authorized 
under this title for nuclear energy operation and maintenance, 
including amounts authorized under sections 304(a) (University Nuclear 
Science and Engineering), 322(c) (Advanced Fuel Recycling Technology 
R&D; Program), 341(c) (Nuclear Energy Research Initiative), 342(c) 
(Nuclear Energy Plant Optimization Program), and 343(e) (Nuclear 
Technologies), and including Advanced Radioisotope Power Systems, Test 
Reactor Landlord, and Program Direction, $221.0 million for FY 2002, 
$230.0 million for FY 2003, and $240.0 million for FY 2004, to remain 
available until expended.

                        Title IV--Fossil Energy

                         subtitle a--clean coal
Section 401. Short title
    Section 401 cites the subtitle as the ``National Electricity and 
Environmental Technology Research and Development Act.''
Sec. 402. Findings
    Section 402 lists six findings.
Sec. 403. Definition
    Section 403 defines the term ``cost and performance-based goals'' 
to mean the cost and performance-based goals established under section 
4.
Sec. 404. Clean coal power initiative
    Subsection 404 requires the Secretary 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 14 U.S.C. 5801 
et seq.); and (4) title XIII of the Energy Policy Act of 1992 (42 
U.S.C. 13331 et seq.).
    Subsection 404(b) mandates that 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
    Except as provided in section 406, subsection 405(a) authorizes to 
be appropriated to the Secretary to carry out the Clean Coal Power 
Initiative under section 404 $200.0 million for each of the fiscal 
years 2003 through 2011, to remain available until expended.
    Also, except as provided in section 406, subsection 405(b) 
authorizes to be appropriated to the Secretary $172.0 million for FY 
2002, $179.0 million for FY 2003, and $186.0 million for FY 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.
                        subtitle b--oil and gas
Sec. 421. Petroleum-oil technology
    Section 421 directs the Secretary to conduct a program to conduct a 
program of research, development, and demonstration, and commercial 
application on petroleum, natural gas, and unconventional and ultra-
deepwater natural gas petroleum. The program shall address: (1) 
Exploration and Production Supporting Research; (2) Oil Technology 
Reservoir Management/Extension; and (3) Effective Environmental 
Protection.
Sec. 422. Gas
    Section 422 directs the Secretary to conduct a program to conduct a 
program of research, development, demonstration, and commercial 
application on natural gas technologies. The program shall address: (1) 
Exploration and Production; (2) Infrastructure; (3) Effective 
Environmental Protection.
Sec. 423. Unconventional and ultra-deepwater natural gas and petroleum
    Section 423 directs the Secretary to conduct a program of RD&D; of 
unconventional and ultra-deepwater natural gas and petroleum 
exploration and production technologies.
                         subtitle c--fuel cells
    Section 441 directs the Secretary to conduct a program of research, 
development, 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
    Subsection 461(a) authorizes appropriations for subtitles B (Oil 
and Gas) and C (Fuel Cells), 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 
$238.0 million for FY 2002, $247.0 million for FY 2003, and $257.0 
million for FY 2004.
    Subsection 461(b) provides that none of the funds authorized to be 
appropriated in subsection 461(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 [Clean Coal 
Power Initiative].'' The first limitation is imposed because the 
Methane Hydrate Act of 2000 has been recently enacted and has its own 
separate authorization. The second limitation is limitation is included 
to preserve the Science Committee's sole jurisdiction over the bill, 
since the jurisdiction of Fossil Energy Environmental Restoration is 
shared with the Committee on Energy and Commerce. The third limitation 
is imposed to limit the amount of coal funding to that contained in 
Subtitle A.

                            Title V--Science

                   subtitle a--fusion energy sciences
Section 501. Short title
    Section 501 cites the subtitle as the ``Fusion Energy Sciences Act 
of 2001.''
Sec. 502. Findings.
    Section 502 lists nine findings
Sec. 503. Plan for fusion experiment
    Subsection 503(a) requires the Secretary--in full consultation with 
the Fusion Energy Sciences Advisory Committee and the Secretary of 
Energy Advisory Board--to develop a plan for United States (U.S.) 
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 (NAS), and shall transmit the plan and the NAS review to the 
Congress by July 1, 2004.
    Subsection 503(b) requires the plan to: (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.
    Subsection 503(c) authorizes the Secretary--in full consultation 
with the Fusion Energy Sciences Advisory Committee and the Secretary of 
Energy Advisory Board--to develop a plan for U.S. participation in an 
international burning plasma experiment for the purpose of accelerating 
scientific understanding of fusion plasma, whose construction is found 
by the Secretary to be highly likely, and where U.S. participation is 
cost effective relative to the cost and scientific benefits of a 
domestic experiment described in subsection 503(a). If the Secretary 
elects to develop a plan under this subsection, the Secretary shall 
include the information described in subsection 503(b), and an estimate 
of the cost of U.S. participation in such an international experiment. 
The Secretary shall request a review by the NAS of any such plan, shall 
transmit the plan and the review to the Congress by July 1, 2004.
    Subsection 503(d) authorizes the Secretary, through the Department 
of Energy's (DOE's) Fusion Energy Sciences Program, to conduct any R&D; 
necessary to fully develop the plans described in this section.
Sec. 504. Plan for Fusion Energy Sciences Program
    Section 504 requires that within six months of the enactment of 
this Act, the Secretary--in full consultation with the Fusion Energy 
Sciences Advisory Committee--to 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 burning plasma 
experiment described in Section 503. Such plan shall insure: (1) that 
existing fusion research facilities and equipment are more fully 
utilized with appropriate measurements and control tools; (2) a 
strengthened fusion science theory and computational base; (3) that the 
selection of and funding for new magnetic and inertial fusion research 
facilities is based on scientific innovation and cost effectiveness; 
(4) improvement in the communication of scientific results and methods 
between the fusion science community and the wider scientific 
community; (5) that adequate support is provided to optimize the design 
of the magnetic fusion burning plasma experiment referred to in Section 
503; (6) 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
    Section 505 authorizes--for ongoing activities in DOE's Fusion 
Energy Sciences Program and for the purpose of planning activities 
under Section 503, but not for implementation of such plans--$320.0 
million for FY 2002 and $335.0 million for FY 2003.
                 subtitle b--spallation neutron source
Sec. 521. Definition
    Section 521 defines the term ``Spallation Neutron Source'' to mean 
Department Project 99-E-334, Oak Ridge National Laboratory, Oak Ridge, 
Tennessee.
Sec. 522. Authorization of appropriations
    Section 522(a) authorizes for construction of the Spallation 
Neutron Source (SNS): (1) $276.3 million for FY 2002, (2) $210.571 
million for FY 2003; (3) $124.6 million for FY 2004; (4) $79.8 million 
for FY 2005; and (5) $41.1 million for FY 2006 for completion of 
construction.
    Subsection 522(b) authorizes for other SNS project costs (including 
R&D; necessary to complete the project, pre-operations costs, and 
capital equipment not related to construction) $15.353 million for FY 
2002 and $103.279 million for FY 2003-2006, to remain available until 
expended.
Sec. 523. Report
    Section 523 requires the Secretary to report on the SNS as part of 
DOE'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
    Section 524 limits the total amount obligated for the SNS by the 
Department, including prior year appropriations, to not more than (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
    Subsection 541(1) defines the term ``nonmilitary energy 
laboratory'' to mean: (1) Ames Laboratory; (2) 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.
    Subsection 541(2) defines the term ``user facillity'' to mean: (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
    Subsection 542(a) requires the Secretary to 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.
    Subsection 542(b) requires 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 is to 
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; and (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.
    Subsection 542(c) requires the Secretary to prepare and transmit to 
the appropriate congressional committees a report containing the plan 
prepared under subsection (b) within 1 year after the date of the 
enactment of this Act. For each nonmilitary energy laboratory, the 
report is to 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.
    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; (C) provide for annual 
reports to the appropriate congressional committees on accomplishments, 
conformance to schedules, commitments, and expenditures.
Sec. 543. User facilities
    Under subsection 543(a), 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.
    Subsection 543(b) requires the Department to employ full and open 
competition in selecting participants when the Department considers the 
participation of a university or other potential user in the 
establishment or operation of a user facility.
    Section 543(c) prohibits the Department from redesignating 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
    Section 561 requires the Director of the Office of Science and 
Technology Policy, in consultation with the Secretary, to 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 
fro the support of scientific research in other Federal agencies and 
the private sector; and (3) suggest actions to strengthen the 
scientific research by the Office that might be taken jointly by the 
Department and Congress.
Sec. 562. Report
    Under Section 562, 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 appropriate congressional committees within 270 
days after the date of the enactment of this Act.
    subtitle d--department of energy authorization of appropriations
Sec. 581. Authorization of appropriations
    Including the amounts authorized to be appropriated for FY 2002 
under section 505 for Fusion Energy Sciences and under subsection 
522(b) for the Spallation Neutron Source, subsection 581(a) authorizes 
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 FY 
2002, to remain available until expended.
    In addition to the amounts authorized under subsection 522(a) for 
construction of the Spallation Neutron Source, subsection 581(b) 
authorizes:
          (1) $11,400,000 for FY 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 FY 2002 and $1,405,000 for FY 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 FY 2002, $8,000,000 for FY 2003, and 
        $2,000,000 for FY 2004 for completion of construction of 
        Project 02-SC-002, Project Engineering Design (PED), Various 
        Locations;
          (4) $3,183,000 for FY 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 FY 2002 and $13,029,000 for FY 2002 for 
        completion of construction of Project MEL-001 Multiprogram 
        Energy Laboratories, Infrastructure, Various Locations.
    Subsection 581(c) provides that none of the funds authorized to be 
appropriated in section 581(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 DefenseAuthorization Act for Fiscal 
Year 2000 (50 U.S.C. 2471(2)). This limitation is included to preserve 
the Science Committee's sole jurisdiction over the bill, since the 
jurisdiction of thee laboratories and facilities reside with the 
Committee on Armed Services.

                        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
    Subsection 601 requires that research development and demonstration 
activities be carried out under the procedures of the Federal 
Nonnuclear Energy Research and Development Act of 1974, Atomic Energy 
Act of 1954, or any other Act the Secretary is authorized to carry out 
such programs. It also authorizes the Secretary to use provisions of 
the Stevenson-Wydler technology Innovation Act of 1980.
Sec. 602. Limits on use of funds
    Subsection 602(a) prohibits the use of funds authorized by this Act 
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. It also requires that 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 congressional committees a 
report notifying the committees of the waiver and setting forth the 
reasons for the waiver.
    Subsection 602(c) prohibits DOE from using of funds 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.
    Subsection 602(d) prohibits DOE from using funds to initiate 
Requests for Proposals (RFPs) for unauthorized programs, projects, or 
activities.
    Subsection 602(e) prohibits DOE from using funds, 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.
Sec. 603. Cost sharing
    Section 603 requires non-Federal cost-sharing of at least: (a) 20 
percent of R&D; carried out by industry; and (b) 50 percent of any 
demonstration of commercial application program, project, or activity.
Sec. 604. Limitations on demonstrations and commercial application of 
        energy technology
    Section 604 requires the Secretary to provide funding only for 
demonstration or commercial application programs, projects and 
activities for technologies or processes that can reasonably be 
expected to yield new, measurable benefits to the cost, efficiency, or 
performance of the technology or process.
Sec. 605. Reprogramming
    Section 605 prohibits the reprogramming of funds in excess of 105 
percent of the amount authorized for a program, project, or activity, 
or in excess of $0.25 million above the amount authorized for the 
program, program, project, or activity until the Secretary submits a 
report to the appropriate congressional committees and a period of 30 
days has elapsed after the date on which the report is received.
               subtitle b--other miscellaneous provisions
Sec. 611. Notice of reorganization
    Section 611 requires the Secretary to provide notice to Congress 
not later than 15 days before any reorganization of certain research 
projects.
Sec. 612. Limits on general plant projects
    Section 612 requires the Secretary to halt the construction of a 
civilian energy or scientific research, development, or demonstration 
or related commercial application of energy technology ``general plant 
project'' if the estimated cost of the project (including any 
revisions) exceeds $2,000,000 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
    Section 613 prohibits construction on a civilian energy or 
scientific research, development, or demonstration or related 
commercial application of energy technology construction project for 
which funding has been specifically authorized by law to be initiated 
and continued if the estimated cost for the project exceeds 110 percent 
of the higher of: (1) the amount authorized for the project, or (2) the 
most recent total estimated cost presented to the Congress as 
justification for such project. To exceed such limits, the Secretary 
must report in detail to the appropriate congressional committees and 
the report must be before the committees for 30 legislative days 
(excluding 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). This 
section shall not apply to any construction project that has a current 
estimated cost of less than $2,000,000.
Sec. 614. Authority for conceptual design
    Section 614 limits the Secretary's authority to request 
construction funding in excess of $2,000,000 for a civilian energy or 
scientific research, development, or demonstration or related 
commercial application of energy technology construction project until 
the Secretary has completed a conceptual design for that project. 
Furthermore, if the estimated cost of completing a conceptual design 
for the construction project exceeds $750,000, the Secretary must 
submit a request to Congress for funds for the conceptual design before 
submitting a request for the construction project. In addition, the 
subsection allows the Secretary to carry out construction design 
(including architectural and engineering services) in connection with 
any proposed construction project that is in support of a civilian 
energy or scientific research, development, or demonstration or related 
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; if the total estimated cost for construction 
design exceeds $250,000, funds for such design must be specifically 
authorized by law.
Sec. 615. National Energy Policy Group mandated reports
    Section 615 requires that upon completion of the Secretary's review 
of current funding and historic performance of the Department's energy 
efficiency, renewable energy, and alternative energy R&D; 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.
    It also requires that 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 
recommendations of same report, 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
    Subsection 616(a) requires the Secretary to 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. 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.
    Under subsection 616(b), 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.