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109th Congress                                            Rept. 109-215
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
                       ENERGY POLICY ACT OF 2005

                                _______
                                

                 July 29, 2005.--Ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

               DISSENTING AND ADDITIONAL DISSENTING VIEWS

                        [To accompany H.R. 1640]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1640) to ensure jobs for our future with secure 
and reliable energy, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................   169
Background and Need for Legislation..............................   170
Hearings.........................................................   172
Committee Consideration..........................................   173
Committee Votes..................................................   173
Committee Oversight Findings.....................................   206
Statement of General Performance Goals and Objectives............   206
New Budget Authority, Entitlement Authority, and Tax Expenditures   206
Committee Cost Estimate..........................................   206
Congressional Budget Office Estimate.............................   206
Federal Mandates Statement.......................................   227
Advisory Committee Statement.....................................   227
Constitutional Authority Statement...............................   227
Applicability to Legislative Branch..............................   227
Section-by-Section Analysis of the Legislation...................   228
Changes in Existing Law Made by the Bill, as Reported............   278
Dissenting Views.................................................   484
Exchange of Committee Correspondence.............................   508

                               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 ``Energy Policy Act of 
2005''.
  (b) Table of Contents.--The table of contents for the bill is as 
follows:

Sec. 1. Short title; table of contents.

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.
Sec. 102. Energy management requirements.
Sec. 103. Energy use measurement and accountability.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy Savings Performance Contracts.
Sec. 107. Voluntary commitments to reduce industrial energy intensity.
Sec. 108. Advanced Building Efficiency Testbed.
Sec. 109. Federal building performance standards.
Sec. 110. Daylight savings.

            Subtitle B--Energy Assistance and State Programs

Sec. 121. Low Income Home Energy Assistance Program.
Sec. 122. Weatherization assistance.
Sec. 123. State energy programs.
Sec. 124. Energy efficient appliance rebate programs.
Sec. 125. Energy efficient public buildings.
Sec. 126. Low income community energy efficiency pilot program.

                 Subtitle C--Energy Efficient Products

Sec. 131. Energy Star Program.
Sec. 132. HVAC maintenance consumer education program.
Sec. 133. Energy conservation standards for additional products.
Sec. 134. Energy labeling.
Sec. 135. Preemption.
Sec. 136. State consumer product energy efficiency standards.

                       Subtitle D--Public Housing

Sec. 145. Grants for energy-conserving improvements for assisted 
housing.
Sec. 147. Energy-efficient appliances.
Sec. 149. Energy strategy for HUD.

                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Insular areas energy security.
Sec. 205. Use of photovoltaic energy in public buildings.
Sec. 206. Grants to improve the commercial value of forest biomass for 
electric energy, useful heat, transportation fuels, petroleum-based 
product substitutes, and other commercial purposes.
Sec. 207. Biobased products.
Sec. 208. Renewable energy security.

                       Subtitle C--Hydroelectric

                     Part I--Alternative conditions

Sec. 231. Alternative conditions and fishways.

                     Part II--Additional hydropower

Sec. 241. Hydroelectric production incentives.
Sec. 242. Hydroelectric efficiency improvement.
Sec. 243. Small hydroelectric power projects.
Sec. 244. Increased hydroelectric generation at existing Federal 
facilities.
Sec. 245. Shift of project loads to off-peak periods.

                         TITLE III--OIL AND GAS

           Subtitle A--Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum 
Reserve and other energy programs.
Sec. 302. National Oilheat Research Alliance.
Sec. 303. Site selection.
Sec. 304. Suspension of Strategic Petroleum Reserve deliveries.

                   Subtitle B--Production Incentives

Sec. 320. Liquefaction or gasification natural gas terminals.
Sec. 327. Hydraulic fracturing.
Sec. 330. Appeals relating to pipeline construction or offshore mineral 
development projects.
Sec. 333. Natural gas market transparency.

                   Subtitle C--Access to Federal Land

Sec. 344. Consultation regarding oil and gas leasing on public land.
Sec. 346. Compliance with executive order 13211; actions concerning 
regulations that significantly affect energy supply, distribution, or 
use.
Sec. 350. Energy facility rights-of-way and corridors on Federal land.
Sec. 355. Encouraging Great Lakes oil and gas drilling ban.
Sec. 358. Federal coalbed methane regulation.

                  Subtitle D--Refining Revitalization

Sec. 371. Short title.
Sec. 372. Findings.
Sec. 373. Purpose.
Sec. 374. Designation of Refinery Revitalization Zones.
Sec. 375. Memorandum of understanding.
Sec. 376. State environmental permitting assistance.
Sec. 377. Coordination and expeditious review of permitting process.
Sec. 378. Compliance with all environmental regulations required.
Sec. 379. Definitions.

                             TITLE IV--COAL

                Subtitle A--Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.
Sec. 402. Project criteria.
Sec. 403. Report.
Sec. 404. Clean Coal Centers of Excellence.

                    Subtitle B--Clean Power Projects

Sec. 411. Coal technology loan.
Sec. 412. Coal gasification.
Sec. 414. Petroleum coke gasification.
Sec. 416. Electron scrubbing demonstration.

                 Subtitle D--Coal and Related Programs

Sec. 441. Clean air coal program.

                         TITLE V--INDIAN ENERGY

Sec. 501. Short title.
Sec. 502. Office of Indian Energy Policy and Programs.
Sec. 503. Indian energy.
Sec. 504. Four Corners transmission line project.
Sec. 505. Energy efficiency in federally assisted housing.
Sec. 506. Consultation with Indian tribes.

                       TITLE VI--NUCLEAR MATTERS

               Subtitle A--Price-Anderson Act Amendments

Sec. 601. Short title.
Sec. 602. Extension of indemnification authority.
Sec. 603. Maximum assessment.
Sec. 604. Department of Energy liability limit.
Sec. 605. Incidents outside the United States.
Sec. 606. Reports.
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors.
Sec. 609. Applicability.
Sec. 610. Prohibition on assumption by United States Government of 
liability for certain foreign incidents.
Sec. 611. Civil penalties.
Sec. 612. Financial accountability.

                  Subtitle B--General Nuclear Matters

Sec. 621. Licenses.
Sec. 622. NRC training program.
Sec. 623. Cost recovery from government agencies.
Sec. 624. Elimination of pension offset.
Sec. 625. Antitrust review.
Sec. 626. Decommissioning.
Sec. 627. Limitation on legal fee reimbursement.
Sec. 629. Report on feasibility of developing commercial nuclear energy 
generation facilities at existing Department of Energy sites.
Sec. 630. Uranium sales.
Sec. 631. Cooperative research and development and special 
demonstration projects for the uranium mining industry.
Sec. 632. Whistleblower protection.
Sec. 633. Medical isotope production.
Sec. 634. Fernald byproduct material.
Sec. 635. Safe disposal of greater-than-class c radioactive waste.
Sec. 636. Prohibition on nuclear exports to countries that sponsor 
terrorism.
Sec. 638. National uranium stockpile.
Sec. 639. Nuclear Regulatory Commission meetings.
Sec. 640. Employee benefits.

         Subtitle C--Additional Hydrogen Production Provisions

Sec. 651. Hydrogen production programs.
Sec. 652. Definitions.

                      Subtitle D--Nuclear Security

Sec. 661. Nuclear facility threats.
Sec. 662. Fingerprinting for criminal history record checks.
Sec. 663. Use of firearms by security personnel of licensees and 
certificate holders of the Commission.
Sec. 664. Unauthorized introduction of dangerous weapons.
Sec. 665. Sabotage of nuclear facilities or fuel.
Sec. 666. Secure transfer of nuclear materials.
Sec. 667. Department of Homeland Security consultation.
Sec. 668. Authorization of appropriations.

                     TITLE VII--VEHICLES AND FUELS

                     Subtitle A--Existing Programs

Sec. 701. Use of alternative fuels by dual-fueled vehicles.
Sec. 704. Incremental cost allocation.
Sec. 705. Lease condensates.
Sec. 706. Review of Energy Policy Act of 1992 programs.
Sec. 707. Report concerning compliance with alternative fueled vehicle 
purchasing requirements.

  Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

                        Part 1--Hybrid vehicles

Sec. 711. Hybrid vehicles.
Sec. 712. Hybrid retrofit and electric conversion program.

                       Part 2--Advanced vehicles

Sec. 721. Definitions.
Sec. 722. Pilot program.
Sec. 723. Reports to Congress.
Sec. 724. Authorization of appropriations.

                        Part 3--Fuel cell buses

Sec. 731. Fuel cell transit bus demonstration.

                     Subtitle C--Clean School Buses

Sec. 741. Definitions.
Sec. 742. Program for replacement of certain school buses with clean 
school buses.
Sec. 743. Diesel retrofit program.
Sec. 744. Fuel cell school buses.

                       Subtitle D--Miscellaneous

Sec. 751. Railroad efficiency.
Sec. 752. Mobile emission reductions trading and crediting.
Sec. 753. Aviation fuel conservation and emissions.
Sec. 754. Diesel fueled vehicles.
Sec. 757. Biodiesel engine testing program.
Sec. 759. Ultra-efficient engine technology for aircraft.

                   Subtitle E--Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and 
enforcement of fuel economy standards.
Sec. 772. Revised considerations for decisions on maximum feasible 
average fuel economy.
Sec. 773. Extension of maximum fuel economy increase for alternative 
fueled vehicles.
Sec. 774. Study of feasibility and effects of reducing use of fuel for 
automobiles.

                          TITLE VIII--HYDROGEN

Sec. 801. Definitions.
Sec. 802. Plan.
Sec. 803. Programs.
Sec. 804. Interagency task force.
Sec. 805. Advisory Committee.
Sec. 806. External review.
Sec. 807. Miscellaneous provisions.
Sec. 808. Savings clause.
Sec. 809. Authorization of appropriations.
Sec. 810. Solar and wind technologies.

                 TITLE IX--STUDIES AND PROGRAM SUPPORT

Sec. 901. Goals.
Sec. 902. Definitions.

                     Subtitle A--Energy Efficiency

Sec. 904. Energy efficiency.
Sec. 905. Next Generation Lighting Initiative.
Sec. 906. National Building Performance Initiative.
Sec. 907. Secondary electric vehicle battery use program.
Sec. 908. Energy efficiency study initiative.
Sec. 909. Electric motor control technology.

       Subtitle B--Distributed Energy and Electric Energy Systems

Sec. 911. Distributed energy and electric energy systems.
Sec. 913. High power density industry program.
Sec. 916. Reciprocating power.
Sec. 917. Advanced portable power devices.

                      Subtitle C--Renewable Energy

Sec. 918. Renewable energy.
Sec. 919. Bioenergy programs.
Sec. 920. Concentrating solar power study program.
Sec. 921. Miscellaneous projects.
Sec. 922. Renewable energy in public buildings.
Sec. 923. University biodiesel program.

                       Subtitle D--Nuclear Energy

Sec. 929. Alternatives to industrial radioactive sources.
Sec. 930. Geological isolation of spent fuel.

                       Subtitle E--Fossil Energy

                  Part I--Studies and program support

Sec. 931. Fossil energy.
Sec. 932. Oil and gas studies.
Sec. 933. Technology transfer.
Sec. 934. Coal mining technologies.
Sec. 935. Coal and related technologies program.
Sec. 936. Complex Well Technology Testing Facility.

   Part II--Ultra-deepwater and unconventional natural gas and other 
                          petroleum resources

Sec. 941. Program authority.
Sec. 942. Ultra-deepwater Program.
Sec. 943. Unconventional natural gas and other petroleum resources 
Program.
Sec. 944. Additional requirements for awards.
Sec. 945. Advisory committees.
Sec. 946. Limits on participation.
Sec. 947. Sunset.
Sec. 948. Definitions.
Sec. 949. Funding.

                      Subtitle F--Energy Sciences

Sec. 953. Plan for Fusion Energy Sciences Program.
Sec. 954. Spallation Neutron Source.
Sec. 962. Nitrogen fixation.

                   Subtitle G--Energy and environment

Sec. 966. Waste reduction and use of alternatives.
Sec. 967. Report on fuel cell test center.
Sec. 968. Arctic Engineering Research Center.
Sec. 970. Western Michigan demonstration project.
Sec. 971. Low-cost hydrogen propulsion and infrastructure.
Sec. 972. Carbon-based fuel cell development.

                 Subtitle H--International Cooperation

Sec. 981. United States-Israel cooperation.

                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Additional Assistant Secretary position.
Sec. 1002. Other transactions authority.
Sec. 1003. University collaboration.
Sec. 1004. Sense of Congress.

                         TITLE XII--ELECTRICITY

Sec. 1201. Short title.

                   Subtitle A--Reliability Standards

Sec. 1211. Electric reliability standards.

         Subtitle B--Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.
Sec. 1222. Third-party finance.
Sec. 1223. Transmission system monitoring.
Sec. 1224. Advanced transmission technologies.
Sec. 1225. Electric transmission and distribution programs.
Sec. 1226. Advanced Power System Technology Incentive Program.
Sec. 1227. Office of Electric Transmission and Distribution.

            Subtitle C--Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.
Sec. 1232. Sense of Congress on Regional Transmission Organizations.
Sec. 1233. Regional Transmission Organization applications progress 
report.
Sec. 1234. Federal utility participation in Regional Transmission 
Organizations.
Sec. 1235. Standard market design.
Sec. 1236. Native load service obligation.
Sec. 1237. Study on the benefits of economic dispatch.

                  Subtitle D--Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.

                    Subtitle E--Amendments to PURPA

Sec. 1251. Net metering and additional standards.
Sec. 1252. Smart metering.
Sec. 1253. Cogeneration and small power production purchase and sale 
requirements.
Sec. 1254. Interconnection.

                      Subtitle F--Repeal of PUHCA

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 1264. Federal access to books and records.
Sec. 1265. State access to books and records.
Sec. 1266. Exemption authority.
Sec. 1267. Affiliate transactions.
Sec. 1268. Applicability.
Sec. 1269. Effect on other regulations.
Sec. 1270. Enforcement.
Sec. 1271. Savings provisions.
Sec. 1272. Implementation.
Sec. 1273. Transfer of resources.
Sec. 1274. Effective date.
Sec. 1275. Service allocation.
Sec. 1276. Authorization of appropriations.
Sec. 1277. Conforming amendments to the Federal Power Act.

 Subtitle G--Market Transparency, Enforcement, and Consumer Protection

Sec. 1281. Market transparency rules.
Sec. 1282. Market manipulation.
Sec. 1283. Enforcement.
Sec. 1284. Refund effective date.
Sec. 1285. Refund authority.
Sec. 1286. Sanctity of contract.
Sec. 1287. Consumer privacy and unfair trade practices.

                       Subtitle H--Merger Reform

Sec. 1291. Merger review reform and accountability.
Sec. 1292. Electric utility mergers.

                        Subtitle I--Definitions

Sec. 1295. Definitions.

            Subtitle J--Technical and Conforming Amendments

Sec. 1297. Conforming amendments.

                     Subtitle K--Economic Dispatch

Sec. 1298. Economic dispatch.

                        TITLE XIV--MISCELLANEOUS

                      Subtitle C--Other Provisions

Sec. 1441. Continuation of transmission security order.
Sec. 1442. Review of agency determinations.
Sec. 1443. Attainment dates for downwind ozone nonattainment areas.
Sec. 1444. Energy production incentives.
Sec. 1446. Regulation of certain oil used in transformers.
Sec. 1447. Risk assessments.
Sec. 1448. Oxygen-fuel.
Sec. 1449. Petrochemical and oil refinery facility health assessment.

                   TITLE XV--ETHANOL AND MOTOR FUELS

                     Subtitle A--General Provisions

Sec. 1501. Renewable content of motor vehicle fuel.
Sec. 1502. Fuels safe harbor.
Sec. 1503. Findings and MTBE transition assistance.
Sec. 1504. Use of MTBE.
Sec. 1505. National Academy of Sciences review and presidential 
determination.
Sec. 1506. Elimination of oxygen content requirement for reformulated 
gasoline.
Sec. 1507. Analyses of motor vehicle fuel changes.
Sec. 1508. Data collection.
Sec. 1509. Reducing the proliferation of State fuel controls.
Sec. 1510. Fuel system requirements harmonization study.
Sec. 1511. Commercial byproducts from municipal solid waste and 
cellulosic biomass loan guarantee program.
Sec. 1512. Cellulosic biomass and waste-derived ethanol conversion 
assistance.
Sec. 1513. Blending of compliant reformulated gasolines.

            Subtitle B--Underground Storage Tank Compliance

Sec. 1521. Short title.
Sec. 1522. Leaking underground storage tanks.
Sec. 1523. Inspection of underground storage tanks.
Sec. 1524. Operator training.
Sec. 1525. Remediation from oxygenated fuel additives.
Sec. 1526. Release prevention, compliance, and enforcement.
Sec. 1527. Delivery prohibition.
Sec. 1528. Federal facilities.
Sec. 1529. Tanks on Tribal lands.
Sec. 1530. Additional measures to protect groundwater.
Sec. 1531. Authorization of appropriations.
Sec. 1532. Conforming amendments.
Sec. 1533. Technical amendments.

                       Subtitle C--Boutique Fuels

Sec. 1541. Reducing the proliferation of boutique fuels.

                           TITLE XVI--STUDIES

Sec. 1601. Study on inventory of petroleum and natural gas storage.
Sec. 1605. Study of energy efficiency standards.
Sec. 1606. Telecommuting study.
Sec. 1607. LIHEAP report.
Sec. 1608. Oil bypass filtration technology.
Sec. 1609. Total integrated thermal systems.
Sec. 1610. University collaboration.
Sec. 1611. Reliability and consumer protection assessment.
Sec. 1612. Report on energy integration with Latin America.
Sec. 1613. Low-volume gas reservoir study.

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.

  (a) In General.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding 
at the end the following:

``SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN CONGRESSIONAL 
                    BUILDINGS.

  ``(a) In General.--The Architect of the Capitol--
          ``(1) shall develop, update, and implement a cost-effective 
        energy conservation and management plan (referred to in this 
        section as the `plan') for all facilities administered by 
        Congress (referred to in this section as `congressional 
        buildings') to meet the energy performance requirements for 
        Federal buildings established under section 543(a)(1); and
          ``(2) shall submit the plan to Congress, not later than 180 
        days after the date of enactment of this section.
  ``(b) Plan Requirements.--The plan shall include--
          ``(1) a description of the life cycle cost analysis used to 
        determine the cost-effectiveness of proposed energy efficiency 
        projects;
          ``(2) a schedule of energy surveys to ensure complete surveys 
        of all congressional buildings every 5 years to determine the 
        cost and payback period of energy and water conservation 
        measures;
          ``(3) a strategy for installation of life cycle cost-
        effective energy and water conservation measures;
          ``(4) the results of a study of the costs and benefits of 
        installation of submetering in congressional buildings; and
          ``(5) information packages and `how-to' guides for each 
        Member and employing authority of Congress that detail simple, 
        cost-effective methods to save energy and taxpayer dollars in 
        the workplace.
  ``(c) Annual Report.--The Architect of the Capitol shall submit to 
Congress annually a report on congressional energy management and 
conservation programs required under this section that describes in 
detail--
          ``(1) energy expenditures and savings estimates for each 
        facility;
          ``(2) energy management and conservation projects; and
          ``(3) future priorities to ensure compliance with this 
        section.''.
  (b) Table of Contents Amendment.--The table of contents of the 
National Energy Conservation Policy Act is amended by adding at the end 
of the items relating to part 3 of title V the following new item:

``Sec. 552. Energy and water savings measures in congressional 
buildings.''.

  (c) Repeal.--Section 310 of the Legislative Branch Appropriations 
Act, 1999 (2 U.S.C. 1815), is repealed.
  (d) Energy Infrastructure.--The Architect of the Capitol, building on 
the Master Plan Study completed in July 2000, shall commission a study 
to evaluate the energy infrastructure of the Capital Complex to 
determine how the infrastructure could be augmented to become more 
energy efficient, using unconventional and renewable energy resources, 
in a way that would enable the Complex to have reliable utility service 
in the event of power fluctuations, shortages, or outages.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Architect of the Capitol to carry out subsection 
(d), $2,000,000 for each of fiscal years 2006 through 2010.

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.

  (a) Energy Reduction Goals.--
          (1) Amendment.--Section 543(a)(1) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended by 
        striking ``its Federal buildings so that'' and all that follows 
        through the end and inserting ``the Federal buildings of the 
        agency (including each industrial or laboratory facility) so 
        that the energy consumption per gross square foot of the 
        Federal buildings of the agency in fiscal years 2006 through 
        2015 is reduced, as compared with the energy consumption per 
        gross square foot of the Federal buildings of the agency in 
        fiscal year 2003, by the percentage specified in the following 
        table:
          (2) Reporting baseline.--The energy reduction goals and 
        baseline established in paragraph (1) of section 543(a) of the 
        National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)), 
        as amended by this subsection, supersede all previous goals and 
        baselines under such paragraph, and related reporting 
        requirements.
  (b) Review and Revision of Energy Performance Requirement.--Section 
543(a) of the National Energy Conservation Policy Act (42 U.S.C. 
8253(a)) is further amended by adding at the end the following:
  ``(3) Not later than December 31, 2014, the Secretary shall review 
the results of the implementation of the energy performance requirement 
established under paragraph (1) and submit to Congress recommendations 
concerning energy performance requirements for fiscal years 2016 
through 2025.''.
  (c) Exclusions.--Section 543(c)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking 
``An agency may exclude'' and all that follows through the end and 
inserting ``(A) An agency may exclude, from the energy performance 
requirement for a fiscal year established under subsection (a) and the 
energy management requirement established under subsection (b), any 
Federal building or collection of Federal buildings, if the head of the 
agency finds that--
          ``(i) compliance with those requirements would be 
        impracticable;
          ``(ii) the agency has completed and submitted all federally 
        required energy management reports;
          ``(iii) the agency has achieved compliance with the energy 
        efficiency requirements of this Act, the Energy Policy Act of 
        1992, Executive orders, and other Federal law; and
          ``(iv) the agency has implemented all practicable, life cycle 
        cost-effective projects with respect to the Federal building or 
        collection of Federal buildings to be excluded.
  ``(B) A finding of impracticability under subparagraph (A)(i) shall 
be based on--
          ``(i) the energy intensiveness of activities carried out in 
        the Federal building or collection of Federal buildings; or
          ``(ii) the fact that the Federal building or collection of 
        Federal buildings is used in the performance of a national 
        security function.''.
  (d) Review by Secretary.--Section 543(c)(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(2)) is amended--
          (1) by striking ``impracticability standards'' and inserting 
        ``standards for exclusion'';
          (2) by striking ``a finding of impracticability'' and 
        inserting ``the exclusion''; and
          (3) by striking ``energy consumption requirements'' and 
        inserting ``requirements of subsections (a) and (b)(1)''.
  (e) Criteria.--Section 543(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(c)) is further amended by adding at the end 
the following:
  ``(3) Not later than 180 days after the date of enactment of this 
paragraph, the Secretary shall issue guidelines that establish criteria 
for exclusions under paragraph (1).''.
  (f) Retention of Energy and Water Savings.--Section 546 of the 
National Energy Conservation Policy Act (42 U.S.C. 8256) is amended by 
adding at the end the following new subsection:
  ``(e) Retention of Energy and Water Savings.--An agency may retain 
any funds appropriated to that agency for energy expenditures, water 
expenditures, or wastewater treatment expenditures, at buildings 
subject to the requirements of section 543(a) and (b), that are not 
made because of energy savings or water savings. Except as otherwise 
provided by law, such funds may be used only for energy efficiency, 
water conservation, or unconventional and renewable energy resources 
projects.''.
  (g) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
          (1) in the subsection heading, by inserting ``the President 
        And'' before ``Congress''; and
          (2) by inserting ``President and'' before ``Congress''.
  (h) Conforming Amendment.--Section 550(d) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258b(d)) is amended in the second 
sentence by striking ``the 20 percent reduction goal established under 
section 543(a) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(a)).'' and inserting ``each of the energy reduction goals 
established under section 543(a).''.

SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

  Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 
8253) is further amended by adding at the end the following:
  ``(e) Metering of Energy Use.--
          ``(1) Deadline.--By October 1, 2012, in accordance with 
        guidelines established by the Secretary under paragraph (2), 
        all Federal buildings shall, for the purposes of efficient use 
        of energy and reduction in the cost of electricity used in such 
        buildings, be metered or submetered. Each agency shall use, to 
        the maximum extent practicable, advanced meters or advanced 
        metering devices that provide data at least daily and that 
        measure at least hourly consumption of electricity in the 
        Federal buildings of the agency. Such data shall be 
        incorporated into existing Federal energy tracking systems and 
        made available to Federal facility energy managers.
          ``(2) Guidelines.--
                  ``(A) In general.--Not later than 180 days after the 
                date of enactment of this subsection, the Secretary, in 
                consultation with the Department of Defense, the 
                General Services Administration, representatives from 
                the metering industry, utility industry, energy 
                services industry, energy efficiency industry, energy 
                efficiency advocacy organizations, national 
                laboratories, universities, and Federal facility energy 
                managers, shall establish guidelines for agencies to 
                carry out paragraph (1).
                  ``(B) Requirements for guidelines.--The guidelines 
                shall--
                          ``(i) take into consideration--
                                  ``(I) the cost of metering and 
                                submetering and the reduced cost of 
                                operation and maintenance expected to 
                                result from metering and submetering;
                                  ``(II) the extent to which metering 
                                and submetering are expected to result 
                                in increased potential for energy 
                                management, increased potential for 
                                energy savings and energy efficiency 
                                improvement, and cost and energy 
                                savings due to utility contract 
                                aggregation; and
                                  ``(III) the measurement and 
                                verification protocols of the 
                                Department of Energy;
                          ``(ii) include recommendations concerning the 
                        amount of funds and the number of trained 
                        personnel necessary to gather and use the 
                        metering information to track and reduce energy 
                        use;
                          ``(iii) establish priorities for types and 
                        locations of buildings to be metered and 
                        submetered based on cost-effectiveness and a 
                        schedule of 1 or more dates, not later than 1 
                        year after the date of issuance of the 
                        guidelines, on which the requirements specified 
                        in paragraph (1) shall take effect; and
                          ``(iv) establish exclusions from the 
                        requirements specified in paragraph (1) based 
                        on the de minimis quantity of energy use of a 
                        Federal building, industrial process, or 
                        structure.
          ``(3) Plan.--Not later than 6 months after the date 
        guidelines are established under paragraph (2), in a report 
        submitted by the agency under section 548(a), each agency shall 
        submit to the Secretary a plan describing how the agency will 
        implement the requirements of paragraph (1), including (A) how 
        the agency will designate personnel primarily responsible for 
        achieving the requirements and (B) demonstration by the agency, 
        complete with documentation, of any finding that advanced 
        meters or advanced metering devices, as defined in paragraph 
        (1), are not practicable.''.

SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

  (a) Requirements.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), as amended by section 
101, is amended by adding at the end the following:

``SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

  ``(a) Definitions.--In this section:
          ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 7902(a) of title 5, United States Code.
          ``(2) Energy star product.--The term `Energy Star product' 
        means a product that is rated for energy efficiency under an 
        Energy Star program.
          ``(3) Energy star program.--The term `Energy Star program' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act.
          ``(4) FEMP designated product.--The term `FEMP designated 
        product' means a product that is designated under the Federal 
        Energy Management Program of the Department of Energy as being 
        among the highest 25 percent of equivalent products for energy 
        efficiency.
  ``(b) Procurement of Energy Efficient Products.--
          ``(1) Requirement.--To meet the requirements of an agency for 
        an energy consuming product, the head of the agency shall, 
        except as provided in paragraph (2), procure--
                  ``(A) an Energy Star product; or
                  ``(B) a FEMP designated product.
          ``(2) Exceptions.--The head of an agency is not required to 
        procure an Energy Star product or FEMP designated product under 
        paragraph (1) if the head of the agency finds in writing that--
                  ``(A) an Energy Star product or FEMP designated 
                product is not cost-effective over the life of the 
                product taking energy cost savings into account; or
                  ``(B) no Energy Star product or FEMP designated 
                product is reasonably available that meets the 
                functional requirements of the agency.
          ``(3) Procurement planning.--The head of an agency shall 
        incorporate into the specifications for all procurements 
        involving energy consuming products and systems, including 
        guide specifications, project specifications, and construction, 
        renovation, and services contracts that include provision of 
        energy consuming products and systems, and into the factors for 
        the evaluation of offers received for the procurement, criteria 
        for energy efficiency that are consistent with the criteria 
        used for rating Energy Star products and for rating FEMP 
        designated products.
  ``(c) Listing of Energy Efficient Products in Federal Catalogs.--
Energy Star products and FEMP designated products shall be clearly 
identified and prominently displayed in any inventory or listing of 
products by the General Services Administration or the Defense 
Logistics Agency. The General Services Administration or the Defense 
Logistics Agency shall supply only Energy Star products or FEMP 
designated products for all product categories covered by the Energy 
Star program or the Federal Energy Management Program, except in cases 
where the agency ordering a product specifies in writing that no Energy 
Star product or FEMP designated product is available to meet the 
buyer's functional requirements, or that no Energy Star product or FEMP 
designated product is cost-effective for the intended application over 
the life of the product, taking energy cost savings into account.
  ``(d) Specific Products.--(1) In the case of electric motors of 1 to 
500 horsepower, agencies shall select only premium efficient motors 
that meet a standard designated by the Secretary. The Secretary shall 
designate such a standard not later than 120 days after the date of the 
enactment of this section, after considering the recommendations of 
associated electric motor manufacturers and energy efficiency groups.
  ``(2) All Federal agencies are encouraged to take actions to maximize 
the efficiency of air conditioning and refrigeration equipment, 
including appropriate cleaning and maintenance, including the use of 
any system treatment or additive that will reduce the electricity 
consumed by air conditioning and refrigeration equipment. Any such 
treatment or additive must be--
          ``(A) determined by the Secretary to be effective in 
        increasing the efficiency of air conditioning and refrigeration 
        equipment without having an adverse impact on air conditioning 
        performance (including cooling capacity) or equipment useful 
        life;
          ``(B) determined by the Administrator of the Environmental 
        Protection Agency to be environmentally safe; and
          ``(C) shown to increase seasonal energy efficiency ratio 
        (SEER) or energy efficiency ratio (EER) when tested by the 
        National Institute of Standards and Technology according to 
        Department of Energy test procedures without causing any 
        adverse impact on the system, system components, the 
        refrigerant or lubricant, or other materials in the system.
Results of testing described in subparagraph (C) shall be published in 
the Federal Register for public review and comment. For purposes of 
this section, a hardware device or primary refrigerant shall not be 
considered an additive.
  ``(e) Regulations.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall issue guidelines to 
carry out this section.''.
  (b) Conforming Amendment.--The table of contents of the National 
Energy Conservation Policy Act is further amended by inserting after 
the item relating to section 552 the following new item:

``Sec. 553. Federal procurement of energy efficient products.''.

SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.

  (a) Limitations.--
          (1) In general.--Section 801(a)(2) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by 
        adding at the end the following subparagraph:
  ``(E) All Federal agencies combined may not, after the date of 
enactment of the Energy Policy Act of 2005, enter into more than a 
total of 100 contracts under this title. Payments made by the Federal 
Government under all contracts permitted by this subparagraph combined 
shall not exceed a total of $500,000,000. Each Federal agency shall 
appoint a coordinator for Energy Savings Performance Contracts with the 
responsibility to monitor the number of such contracts for that Federal 
agency and the investment value of each contract. The coordinators for 
each Federal agency shall meet monthly to ensure that the limits 
specified in this subparagraph on the number of contracts and the 
payments made for the contracts are not exceeded.''.
          (2) Definition.--Section 804(1) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c(1)) is amended to read 
        as follows:
          ``(1) The term `Federal agency' means the Department of 
        Defense, the Department of Veterans Affairs, and the Department 
        of Energy. ''.
          (3) Validity of contracts.--The amendments made by this 
        subsection shall not affect the validity of contracts entered 
        into under title VIII of the National Energy Conservation 
        Policy Act (42 U.S.C. 8287 et seq.) before the date of 
        enactment of this Act, or of contracts described in subsection 
        (h).
  (b) Permanent Extension.--Effective October 1, 2006, section 801(c) 
of the National Energy Conservation Policy Act (42 U.S.C. 8287(c)) is 
repealed.
  (c) Review.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Energy shall complete a review of the 
Energy Savings Performance Contract program to identify statutory, 
regulatory, and administrative obstacles that prevent Federal agencies 
from fully utilizing the program. In addition, this review shall 
identify all areas for increasing program flexibility and 
effectiveness, including audit and measurement verification 
requirements, accounting for energy use in determining savings, 
contracting requirements, including the identification of additional 
qualified contractors, and energy efficiency services covered. The 
Secretary shall report these findings to Congress and shall implement 
identified administrative and regulatory changes to increase program 
flexibility and effectiveness to the extent that such changes are 
consistent with statutory authority.
  (d) Extension of Authority.--Any energy savings performance contract 
entered into under section 801 of the National Energy Conservation 
Policy Act (42 U.S.C. 8287) after October 1, 2006, and before the date 
of enactment of this Act, shall be deemed to have been entered into 
pursuant to such section 801 as amended by subsection (a) of this 
section.

SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.

  (a) Voluntary Agreements.--The Secretary of Energy is authorized to 
enter into voluntary agreements with 1 or more persons in industrial 
sectors that consume significant amounts of primary energy per unit of 
physical output to reduce the energy intensity of their production 
activities by a significant amount relative to improvements in each 
sector in recent years.
  (b) Recognition.--The Secretary of Energy, in cooperation with the 
Administrator of the Environmental Protection Agency and other 
appropriate Federal agencies, shall recognize and publicize the 
achievements of participants in voluntary agreements under this 
section.
  (c) Definition.--In this section, the term ``energy intensity'' means 
the primary energy consumed per unit of physical output in an 
industrial process.

SEC. 108. ADVANCED BUILDING EFFICIENCY TESTBED.

  (a) Establishment.--The Secretary of Energy, in consultation with the 
Administrator of General Services, shall establish an Advanced Building 
Efficiency Testbed program for the development, testing, and 
demonstration of advanced engineering systems, components, and 
materials to enable innovations in building technologies. The program 
shall evaluate efficiency concepts for government and industry 
buildings, and demonstrate the ability of next generation buildings to 
support individual and organizational productivity and health 
(including by improving indoor air quality) as well as flexibility and 
technological change to improve environmental sustainability. Such 
program shall complement and not duplicate existing national programs.
  (b) Participants.--The program established under subsection (a) shall 
be led by a university with the ability to combine the expertise from 
numerous academic fields including, at a minimum, intelligent 
workplaces and advanced building systems and engineering, electrical 
and computer engineering, computer science, architecture, urban design, 
and environmental and mechanical engineering. Such university shall 
partner with other universities and entities who have established 
programs and the capability of advancing innovative building efficiency 
technologies.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$6,000,000 for each of the fiscal years 2006 through 2008, to remain 
available until expended. For any fiscal year in which funds are 
expended under this section, the Secretary shall provide \1/3\ of the 
total amount to the lead university described in subsection (b), and 
provide the remaining \2/3\ to the other participants referred to in 
subsection (b) on an equal basis.

SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS.

  Section 305(a) of the Energy Conservation and Production Act (42 
U.S.C. 6834(a)) is amended--
          (1) in paragraph (2)(A), by striking ``CABO Model Energy 
        Code, 1992'' and inserting ``the 2003 International Energy 
        Conservation Code''; and
          (2) by adding at the end the following:
  ``(3) Revised Federal Building Energy Efficiency Performance 
Standards.--
          ``(A) In general.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary of Energy shall 
        establish, by rule, revised Federal building energy efficiency 
        performance standards that require that--
                  ``(i) if life-cycle cost-effective, for new Federal 
                buildings--
                          ``(I) such buildings be designed so as to 
                        achieve energy consumption levels at least 30 
                        percent below those of the version current as 
                        of the date of enactment of this paragraph of 
                        the ASHRAE Standard or the International Energy 
                        Conservation Code, as appropriate; and
                          ``(II) sustainable design principles are 
                        applied to the siting, design, and construction 
                        of all new and replacement buildings; and
                  ``(ii) where water is used to achieve energy 
                efficiency, water conservation technologies shall be 
                applied to the extent they are life-cycle cost 
                effective.
          ``(B) Additional revisions.--Not later than 1 year after the 
        date of approval of each subsequent revision of the ASHRAE 
        Standard or the International Energy Conservation Code, as 
        appropriate, the Secretary of Energy shall determine, based on 
        the cost-effectiveness of the requirements under the 
        amendments, whether the revised standards established under 
        this paragraph should be updated to reflect the amendments.
          ``(C) Statement on compliance of new buildings.--In the 
        budget request of the Federal agency for each fiscal year and 
        each report submitted by the Federal agency under section 
        548(a) of the National Energy Conservation Policy Act (42 
        U.S.C. 8258(a)), the head of each Federal agency shall 
        include--
                  ``(i) a list of all new Federal buildings owned, 
                operated, or controlled by the Federal agency; and
                  ``(ii) a statement concerning whether the Federal 
                buildings meet or exceed the revised standards 
                established under this paragraph.''.

SEC. 110. DAYLIGHT SAVINGS.

  (a) Repeal.--Section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 
260a(a)) is amended--
          (1) by striking ``April'' and inserting ``March''; and
          (2) by striking ``October'' and inserting ``November''.
  (b) Report to Congress.--Not later than 9 months after the date of 
enactment of this Act, the Secretary of Energy shall report to Congress 
on the impact this section on energy consumption in the United States.

            Subtitle B--Energy Assistance and State Programs

SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM.

  (a) Authorization of Appropriations.--Section 2602(b) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is 
amended by striking ``and $2,000,000,000 for each of fiscal years 2002 
through 2004'' and inserting ``and $5,100,000,000 for each of fiscal 
years 2005 through 2007''.
  (b) Renewable Fuels.--The Low-Income Home Energy Assistance Act of 
1981 (42 U.S.C. 8621 et seq.) is amended by adding at the end the 
following new section:
                           ``renewable fuels
  ``Sec. 2612. In providing assistance pursuant to this title, a State, 
or any other person with which the State makes arrangements to carry 
out the purposes of this title, may purchase renewable fuels, including 
biomass.''.
  (c) Report to Congress.--The Secretary of Energy shall report to 
Congress on the use of renewable fuels in providing assistance under 
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
seq.).

SEC. 122. WEATHERIZATION ASSISTANCE.

  (a) Authorization of Appropriations.--Section 422 of the Energy 
Conservation and Production Act (42 U.S.C. 6872) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$500,000,000 for fiscal year 2006, $600,000,000 for 
fiscal year 2007, and $700,000,000 for fiscal year 2008''.
  (b) Eligibility.--Section 412(7) of the Energy Conservation and 
Production Act (42 U.S.C. 6862(7)) is amended by striking ``125 
percent'' both places it appears and inserting ``150 percent''.

SEC. 123. STATE ENERGY PROGRAMS.

  (a) State Energy Conservation Plans.--Section 362 of the Energy 
Policy and Conservation Act (42 U.S.C. 6322) is amended by inserting at 
the end the following new subsection:
  ``(g) The Secretary shall, at least once every 3 years, invite the 
Governor of each State to review and, if necessary, revise the energy 
conservation plan of such State submitted under subsection (b) or (e). 
Such reviews should consider the energy conservation plans of other 
States within the region, and identify opportunities and actions 
carried out in pursuit of common energy conservation goals.''.
  (b) State Energy Efficiency Goals.--Section 364 of the Energy Policy 
and Conservation Act (42 U.S.C. 6324) is amended to read as follows:
                    ``state energy efficiency goals
  ``Sec. 364. Each State energy conservation plan with respect to which 
assistance is made available under this part on or after the date of 
enactment of the Energy Policy Act of 2005 shall contain a goal, 
consisting of an improvement of 25 percent or more in the efficiency of 
use of energy in the State concerned in calendar year 2012 as compared 
to calendar year 1990, and may contain interim goals.''.
  (c) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$100,000,000 for each of the fiscal years 2006 and 2007 
and $125,000,000 for fiscal year 2008''.

SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.

  (a) Definitions.--In this section:
          (1) Eligible state.--The term ``eligible State'' means a 
        State that meets the requirements of subsection (b).
          (2) Energy star program.--The term ``Energy Star program'' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act.
          (3) Residential energy star product.--The term ``residential 
        Energy Star product'' means a product for a residence that is 
        rated for energy efficiency under the Energy Star program.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
          (5) State energy office.--The term ``State energy office'' 
        means the State agency responsible for developing State energy 
        conservation plans under section 362 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6322).
          (6) State program.--The term ``State program'' means a State 
        energy efficient appliance rebate program described in 
        subsection (b)(1).
  (b) Eligible States.--A State shall be eligible to receive an 
allocation under subsection (c) if the State--
          (1) establishes (or has established) a State energy efficient 
        appliance rebate program to provide rebates to residential 
        consumers for the purchase of residential Energy Star products 
        to replace used appliances of the same type;
          (2) submits an application for the allocation at such time, 
        in such form, and containing such information as the Secretary 
        may require; and
          (3) provides assurances satisfactory to the Secretary that 
        the State will use the allocation to supplement, but not 
        supplant, funds made available to carry out the State program.
  (c) Amount of Allocations.--
          (1) In general.--Subject to paragraph (2), for each fiscal 
        year, the Secretary shall allocate to the State energy office 
        of each eligible State to carry out subsection (d) an amount 
        equal to the product obtained by multiplying the amount made 
        available under subsection (f) for the fiscal year by the ratio 
        that the population of the State in the most recent calendar 
        year for which data are available bears to the total population 
        of all eligible States in that calendar year.
          (2) Minimum allocations.--For each fiscal year, the amounts 
        allocated under this subsection shall be adjusted 
        proportionately so that no eligible State is allocated a sum 
        that is less than an amount determined by the Secretary.
  (d) Use of Allocated Funds.--The allocation to a State energy office 
under subsection (c) may be used to pay up to 50 percent of the cost of 
establishing and carrying out a State program.
  (e) Issuance of Rebates.--Rebates may be provided to residential 
consumers that meet the requirements of the State program. The amount 
of a rebate shall be determined by the State energy office, taking into 
consideration--
          (1) the amount of the allocation to the State energy office 
        under subsection (c);
          (2) the amount of any Federal or State tax incentive 
        available for the purchase of the residential Energy Star 
        product; and
          (3) the difference between the cost of the residential Energy 
        Star product and the cost of an appliance that is not a 
        residential Energy Star product, but is of the same type as, 
        and is the nearest capacity, performance, and other relevant 
        characteristics (as determined by the State energy office) to, 
        the residential Energy Star product.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of the fiscal years 2006 through 2010.

SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS.

  (a) Grants.--The Secretary of Energy may make grants to the State 
agency responsible for developing State energy conservation plans under 
section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322), 
or, if no such agency exists, a State agency designated by the Governor 
of the State, to assist units of local government in the State in 
improving the energy efficiency of public buildings and facilities--
          (1) through construction of new energy efficient public 
        buildings that use at least 30 percent less energy than a 
        comparable public building constructed in compliance with 
        standards prescribed in the most recent version of the 
        International Energy Conservation Code, or a similar State code 
        intended to achieve substantially equivalent efficiency levels; 
        or
          (2) through renovation of existing public buildings to 
        achieve reductions in energy use of at least 30 percent as 
        compared to the baseline energy use in such buildings prior to 
        renovation, assuming a 3-year, weather-normalized average for 
        calculating such baseline.
  (b) Administration.--State energy offices receiving grants under this 
section shall--
          (1) maintain such records and evidence of compliance as the 
        Secretary may require; and
          (2) develop and distribute information and materials and 
        conduct programs to provide technical services and assistance 
        to encourage planning, financing, and design of energy 
        efficient public buildings by units of local government.
  (c) Authorization of Appropriations.--For the purposes of this 
section, there are authorized to be appropriated to the Secretary of 
Energy $30,000,000 for each of fiscal years 2006 through 2010. Not more 
than 10 percent of appropriated funds shall be used for administration.

SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT PROGRAM.

  (a) Grants.--The Secretary of Energy is authorized to make grants to 
units of local government, private, non-profit community development 
organizations, and Indian tribe economic development entities to 
improve energy efficiency; identify and develop alternative, renewable, 
and distributed energy supplies; and increase energy conservation in 
low income rural and urban communities.
  (b) Purpose of Grants.--The Secretary may make grants on a 
competitive basis for--
          (1) investments that develop alternative, renewable, and 
        distributed energy supplies;
          (2) energy efficiency projects and energy conservation 
        programs;
          (3) studies and other activities that improve energy 
        efficiency in low income rural and urban communities;
          (4) planning and development assistance for increasing the 
        energy efficiency of buildings and facilities; and
          (5) technical and financial assistance to local government 
        and private entities on developing new renewable and 
        distributed sources of power or combined heat and power 
        generation.
  (c) Definition.--For purposes of this section, the term ``Indian 
tribe'' means any Indian tribe, band, nation, or other organized group 
or community, including any Alaskan Native village or regional or 
village corporation as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.
  (d) Authorization of Appropriations.--For the purposes of this 
section there are authorized to be appropriated to the Secretary of 
Energy $20,000,000 for each of fiscal years 2006 through 2008.

                 Subtitle C--Energy Efficient Products

SEC. 131. ENERGY STAR PROGRAM.

  (a) Amendment.--The Energy Policy and Conservation Act (42 U.S.C. 
6201 et seq.) is amended by inserting the following after section 324:

``SEC. 324A. ENERGY STAR PROGRAM.

  ``There is established at the Department of Energy and the 
Environmental Protection Agency a voluntary program to identify and 
promote energy-efficient products and buildings in order to reduce 
energy consumption, improve energy security, and reduce pollution 
through voluntary labeling of or other forms of communication about 
products and buildings that meet the highest energy efficiency 
standards. Responsibilities under the program shall be divided between 
the Department of Energy and the Environmental Protection Agency 
consistent with the terms of agreements between the 2 agencies. The 
Administrator and the Secretary shall--
          ``(1) promote Energy Star compliant technologies as the 
        preferred technologies in the marketplace for achieving energy 
        efficiency and to reduce pollution;
          ``(2) work to enhance public awareness of the Energy Star 
        label, including special outreach to small businesses;
          ``(3) preserve the integrity of the Energy Star label;
          ``(4) solicit comments from interested parties prior to 
        establishing or revising an Energy Star product category, 
        specification, or criterion (or effective dates for any of the 
        foregoing);
          ``(5) upon adoption of a new or revised product category, 
        specification, or criterion, provide reasonable notice to 
        interested parties of any changes (including effective dates) 
        in product categories, specifications, or criteria along with 
        an explanation of such changes and, where appropriate, 
        responses to comments submitted by interested parties; and
          ``(6) provide appropriate lead time (which shall be 9 months, 
        unless the Agency or Department determines otherwise) prior to 
        the effective date for a new or a significant revision to a 
        product category, specification, or criterion, taking into 
        account the timing requirements of the manufacturing, product 
        marketing, and distribution process for the specific product 
        addressed.''.
  (b) Table of Contents Amendment.--The table of contents of the Energy 
Policy and Conservation Act is amended by inserting after the item 
relating to section 324 the following new item:

``Sec. 324A. Energy Star program.''.

SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION PROGRAM.

  Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 
6307) is amended by adding at the end the following:
  ``(c) HVAC Maintenance.--For the purpose of ensuring that installed 
air conditioning and heating systems operate at their maximum rated 
efficiency levels, the Secretary shall, not later than 180 days after 
the date of enactment of this subsection, carry out a program to 
educate homeowners and small business owners concerning the energy 
savings resulting from properly conducted maintenance of air 
conditioning, heating, and ventilating systems. The Secretary shall 
carry out the program in a cost-shared manner in cooperation with the 
Administrator of the Environmental Protection Agency and such other 
entities as the Secretary considers appropriate, including industry 
trade associations, industry members, and energy efficiency 
organizations.
  ``(d) Small Business Education and Assistance.--The Administrator of 
the Small Business Administration, in consultation with the Secretary 
of Energy and the Administrator of the Environmental Protection Agency, 
shall develop and coordinate a Government-wide program, building on the 
existing Energy Star for Small Business Program, to assist small 
businesses to become more energy efficient, understand the cost savings 
obtainable through efficiencies, and identify financing options for 
energy efficiency upgrades. The Secretary and the Administrator of the 
Small Business Administration shall make the program information 
available directly to small businesses and through other Federal 
agencies, including the Federal Emergency Management Program and the 
Department of Agriculture.''.

SEC. 133. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL PRODUCTS.

  (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended--
          (1) in paragraph (30)(S), by striking the period and adding 
        at the end the following: ``but does not include any lamp 
        specifically designed to be used for special purpose 
        applications and that is unlikely to be used in general purpose 
        applications such as those described in subparagraph (D), and 
        also does not include any lamp not described in subparagraph 
        (D) that is excluded by the Secretary, by rule, because the 
        lamp is designed for special applications and is unlikely to be 
        used in general purpose applications.''; and
          (2) by adding at the end the following:
          ``(32) The term `battery charger' means a device that charges 
        batteries for consumer products and includes battery chargers 
        embedded in other consumer products.
          ``(33) The term `commercial refrigerators, freezers, and 
        refrigerator-freezers' means refrigerators, freezers, or 
        refrigerator-freezers that--
                  ``(A) are not consumer products regulated under this 
                Act; and
                  ``(B) incorporate most components involved in the 
                vapor-compression cycle and the refrigerated 
                compartment in a single package.
          ``(34) The term `external power supply' means an external 
        power supply circuit that is used to convert household electric 
        current into either DC current or lower-voltage AC current to 
        operate a consumer product.
          ``(35) The term `illuminated exit sign' means a sign that--
                  ``(A) is designed to be permanently fixed in place to 
                identify an exit; and
                  ``(B) consists of an electrically powered integral 
                light source that illuminates the legend `EXIT' and any 
                directional indicators and provides contrast between 
                the legend, any directional indicators, and the 
                background.
          ``(36)(A) Except as provided in subparagraph (B), the term 
        `distribution transformer' means a transformer that--
                  ``(i) has an input voltage of 34.5 kilovolts or less;
                  ``(ii) has an output voltage of 600 volts or less; 
                and
                  ``(iii) is rated for operation at a frequency of 60 
                Hertz.
          ``(B) The term `distribution transformer' does not include--
                  ``(i) transformers with multiple voltage taps, with 
                the highest voltage tap equaling at least 20 percent 
                more than the lowest voltage tap;
                  ``(ii) transformers, such as those commonly known as 
                drive transformers, rectifier transformers, auto-
                transformers, Uninterruptible Power System 
                transformers, impedance transformers, regulating 
                transformers, sealed and nonventilating transformers, 
                machine tool transformers, welding transformers, 
                grounding transformers, or testing transformers, that 
                are designed to be used in a special purpose 
                application and are unlikely to be used in general 
                purpose applications; or
                  ``(iii) any transformer not listed in clause (ii) 
                that is excluded by the Secretary by rule because--
                          ``(I) the transformer is designed for a 
                        special application;
                          ``(II) the transformer is unlikely to be used 
                        in general purpose applications; and
                          ``(III) the application of standards to the 
                        transformer would not result in significant 
                        energy savings.
          ``(37) The term `low-voltage dry-type distribution 
        transformer' means a distribution transformer that--
                  ``(A) has an input voltage of 600 volts or less;
                  ``(B) is air-cooled; and
                  ``(C) does not use oil as a coolant.
          ``(38) The term `standby mode' means the lowest power 
        consumption mode that--
                  ``(A) cannot be switched off or influenced by the 
                user; and
                  ``(B) may persist for an indefinite time when an 
                appliance is connected to the main electricity supply 
                and used in accordance with the manufacturer's 
                instructions,
        as defined on an individual product basis by the Secretary.
          ``(39) The term `torchiere' means a portable electric lamp 
        with a reflector bowl that directs light upward so as to give 
        indirect illumination.
          ``(40) The term `traffic signal module' means a standard 8-
        inch (200mm) or 12-inch (300mm) traffic signal indication, 
        consisting of a light source, a lens, and all other parts 
        necessary for operation, that communicates movement messages to 
        drivers through red, amber, and green colors.
          ``(41) The term `transformer' means a device consisting of 2 
        or more coils of insulated wire that transfers alternating 
        current by electromagnetic induction from 1 coil to another to 
        change the original voltage or current value.
          ``(42) The term `unit heater' means a self-contained fan-type 
        heater designed to be installed within the heated space, except 
        that such term does not include a warm air furnace.
          ``(43) The term `ceiling fan' means a non-portable device 
        that is suspended from a ceiling for circulating air via the 
        rotation of fan blades.
          ``(44) The term `ceiling fan light kit' means equipment 
        designed to provide light from a ceiling fan which can be--
                  ``(A) integral, such that the equipment is attached 
                to the ceiling fan prior to the time of retail sale; or
                  ``(B) attachable, such that at the time of retail 
                sale the equipment is not physically attached to the 
                ceiling fan, but may be included inside the ceiling fan 
                package at the time of sale or sold separately for 
                subsequent attachment to the fan.''.
  (b) Test Procedures.--Section 323 of the Energy Policy and 
Conservation Act (42 U.S.C. 6293) is amended--
          (1) in subsection (b), by adding at the end the following:
  ``(9) Test procedures for illuminated exit signs shall be based on 
the test method used under Version 2.0 of the Energy Star program of 
the Environmental Protection Agency for illuminated exit signs.
  ``(10) Test procedures for distribution transformers and low voltage 
dry-type distribution transformers shall be based on the `Standard Test 
Method for Measuring the Energy Consumption of Distribution 
Transformers' prescribed by the National Electrical Manufacturers 
Association (NEMA TP 2-1998). The Secretary may review and revise this 
test procedure. For purposes of section 346(a), this test procedure 
shall be deemed to be testing requirements prescribed by the Secretary 
under section 346(a)(1) for distribution transformers for which the 
Secretary makes a determination that energy conservation standards 
would be technologically feasible and economically justified, and would 
result in significant energy savings.
  ``(11) Test procedures for traffic signal modules shall be based on 
the test method used under the Energy Star program of the Environmental 
Protection Agency for traffic signal modules, as in effect on the date 
of enactment of this paragraph.
  ``(12) Test procedures for medium base compact fluorescent lamps 
shall be based on the test methods used under the August 9, 2001, 
version of the Energy Star program of the Environmental Protection 
Agency and Department of Energy for compact fluorescent lamps. Covered 
products shall meet all test requirements for regulated parameters in 
section 325(bb). However, covered products may be marketed prior to 
completion of lamp life and lumen maintenance at 40 percent of rated 
life testing provided manufacturers document engineering predictions 
and analysis that support expected attainment of lumen maintenance at 
40 percent rated life and lamp life time.
  ``(13) The Secretary shall, not later than 18 months after the date 
of enactment of this paragraph, prescribe testing requirements for 
ceiling fans and ceiling fan light kits.''; and
          (2) by adding at the end the following:
  ``(f) Additional Consumer and Commercial Products.--The Secretary 
shall, not later than 24 months after the date of enactment of this 
subsection, prescribe testing requirements for suspended ceiling fans, 
refrigerated bottled or canned beverage vending machines, and 
commercial refrigerators, freezers, and refrigerator-freezers. Such 
testing requirements shall be based on existing test procedures used in 
industry to the extent practical and reasonable. In the case of 
suspended ceiling fans, such test procedures shall include efficiency 
at both maximum output and at an output no more than 50 percent of the 
maximum output.''.
  (c) New Standards.--Section 325 of the Energy Policy and Conservation 
Act (42 U.S.C. 6295) is amended by adding at the end the following:
  ``(u) Battery Charger and External Power Supply Electric Energy 
Consumption.--
          ``(1) Initial rulemaking.--(A) The Secretary shall, within 18 
        months after the date of enactment of this subsection, 
        prescribe by notice and comment, definitions and test 
        procedures for the power use of battery chargers and external 
        power supplies. In establishing these test procedures, the 
        Secretary shall consider, among other factors, existing 
        definitions and test procedures used for measuring energy 
        consumption in standby mode and other modes and assess the 
        current and projected future market for battery chargers and 
        external power supplies. This assessment shall include 
        estimates of the significance of potential energy savings from 
        technical improvements to these products and suggested product 
        classes for standards. Prior to the end of this time period, 
        the Secretary shall hold a scoping workshop to discuss and 
        receive comments on plans for developing energy conservation 
        standards for energy use for these products.
          ``(B) The Secretary shall, within 3 years after the date of 
        enactment of this subsection, issue a final rule that 
        determines whether energy conservation standards shall be 
        issued for battery chargers and external power supplies or 
        classes thereof. For each product class, any such standards 
        shall be set at the lowest level of energy use that--
                  ``(i) meets the criteria and procedures of 
                subsections (o), (p), (q), (r), (s), and (t); and
                  ``(ii) will result in significant overall annual 
                energy savings, considering both standby mode and other 
                operating modes.
          ``(2) Review of standby energy use in covered products.--In 
        determining pursuant to section 323 whether test procedures and 
        energy conservation standards pursuant to this section should 
        be revised, the Secretary shall consider, for covered products 
        that are major sources of standby mode energy consumption, 
        whether to incorporate standby mode into such test procedures 
        and energy conservation standards, taking into account, among 
        other relevant factors, standby mode power consumption compared 
        to overall product energy consumption.
          ``(3) Rulemaking.--The Secretary shall not propose a standard 
        under this section unless the Secretary has issued applicable 
        test procedures for each product pursuant to section 323.
          ``(4) Effective date.--Any standard issued under this 
        subsection shall be applicable to products manufactured or 
        imported 3 years after the date of issuance.
          ``(5) Voluntary programs.--The Secretary and the 
        Administrator shall collaborate and develop programs, including 
        programs pursuant to section 324A (relating to Energy Star 
        Programs) and other voluntary industry agreements or codes of 
        conduct, that are designed to reduce standby mode energy use.
  ``(v) Suspended Ceiling Fans, Vending Machines, and Commercial 
Refrigerators, Freezers, and Refrigerator-Freezers.--The Secretary 
shall not later than 36 months after the date on which testing 
requirements are prescribed by the Secretary pursuant to section 
323(f), prescribe, by rule, energy conservation standards for suspended 
ceiling fans, refrigerated bottled or canned beverage vending machines, 
and commercial refrigerators, freezers, and refrigerator-freezers. In 
establishing standards under this subsection, the Secretary shall use 
the criteria and procedures contained in subsections (o) and (p). Any 
standard prescribed under this subsection shall apply to products 
manufactured 3 years after the date of publication of a final rule 
establishing such standard.
  ``(w) Illuminated Exit Signs.--Illuminated exit signs manufactured on 
or after January 1, 2006, shall meet the Version 2.0 Energy Star 
Program performance requirements for illuminated exit signs prescribed 
by the Environmental Protection Agency.
  ``(x) Torchieres.--Torchieres manufactured on or after January 1, 
2006--
          ``(1) shall consume not more than 190 watts of power; and
          ``(2) shall not be capable of operating with lamps that total 
        more than 190 watts.
  ``(y) Low Voltage Dry-Type Distribution Transformers.--The efficiency 
of low voltage dry-type distribution transformers manufactured on or 
after January 1, 2006, shall be the Class I Efficiency Levels for 
distribution transformers specified in Table 4-2 of the `Guide for 
Determining Energy Efficiency for Distribution Transformers' published 
by the National Electrical Manufacturers Association (NEMA TP-1-2002).
  ``(z) Traffic Signal Modules.--Traffic signal modules manufactured on 
or after January 1, 2006, shall meet the performance requirements used 
under the Energy Star program of the Environmental Protection Agency 
for traffic signals, as in effect on the date of enactment of this 
subsection, and shall be installed with compatible, electrically 
connected signal control interface devices and conflict monitoring 
systems.
  ``(aa) Unit Heaters.--Unit heaters manufactured on or after the date 
that is 3 years after the date of enactment of this subsection shall be 
equipped with an intermittent ignition device and shall have either 
power venting or an automatic flue damper.
  ``(bb) Medium Base Compact Fluorescent Lamps.--Bare lamp and covered 
lamp (no reflector) medium base compact fluorescent lamps manufactured 
on or after January 1, 2006, shall meet the following requirements 
prescribed by the August 9, 2001, version of the Energy Star Program 
Requirements for Compact Fluorescent Lamps, Energy Star Eligibility 
Criteria, Energy-Efficiency Specification issued by the Environmental 
Protection Agency and Department of Energy: minimum initial efficacy; 
lumen maintenance at 1000 hours; lumen maintenance at 40 percent of 
rated life; rapid cycle stress test; and lamp life. The Secretary may, 
by rule, establish requirements for color quality (CRI); power factor; 
operating frequency; and maximum allowable start time based on the 
requirements prescribed by the August 9, 2001, version of the Energy 
Star Program Requirements for Compact Fluorescent Lamps. The Secretary 
may, by rule, revise these requirements or establish other requirements 
considering energy savings, cost effectiveness, and consumer 
satisfaction.
  ``(cc) Effective Date.--Section 327 shall apply--
          ``(1) to products for which standards are to be established 
        under subsections (u) and (v) on the date on which a final rule 
        is issued by the Department of Energy, except that any State or 
        local standards prescribed or enacted for any such product 
        prior to the date on which such final rule is issued shall not 
        be preempted until the standard established under subsection 
        (u) or (v) for that product takes effect; and
          ``(2) to products for which standards are established under 
        subsections (w) through (bb) on the date of enactment of those 
        subsections, except that any State or local standards 
        prescribed or enacted prior to the date of enactment of those 
        subsections shall not be preempted until the standards 
        established under subsections (w) through (bb) take effect.
  ``(dd) Ceiling Fans.--
          ``(1) Features.--All ceiling fans manufactured on or after 
        January 1, 2006, shall have the following features:
                  ``(A) Lighting controls operate independently from 
                fan speed controls.
                  ``(B) Adjustable speed controls (either more than 1 
                speed or variable speed).
                  ``(C) The capability of reversible fan action, except 
                for fans sold for industrial applications, outdoor 
                applications, and where safety standards would be 
                violated by the use of the reversible mode. The 
                Secretary may promulgate regulations to define in 
                greater detail the exceptions provided under this 
                subparagraph but may not substantively expand the 
                exceptions.
          ``(2) Revised standards.--
                  ``(A) In general.--Notwithstanding any provision of 
                this Act, if the requirements of subsections (o) and 
                (p) are met, the Secretary may consider and prescribe 
                energy efficiency or energy use standards for 
                electricity used by ceiling fans to circulate air in a 
                room.
                  ``(B) Special consideration.--If the Secretary sets 
                such standards, the Secretary shall consider--
                          ``(i) exempting or setting different 
                        standards for certain product classes for which 
                        the primary standards are not technically 
                        feasible or economically justified; and
                          ``(ii) establishing separate exempted product 
                        classes for highly decorative fans for which 
                        air movement performance is a secondary design 
                        feature.
                  ``(C) Application.--Any air movement standard 
                prescribed under this subsection shall apply to 
                products manufactured on or after the date that is 3 
                years after the date of publication of a final rule 
                establishing the standard.''.
  (d) Residential Furnace Fans.--Section 325(f)(3) of the Energy Policy 
and Conservation Act (42 U.S.C. 6295(f)(3)) is amended by adding the 
following new subparagraph at the end:
  ``(D) Notwithstanding any provision of this Act, the Secretary may 
consider, and prescribe, if the requirements of subsection (o) of this 
section are met, energy efficiency or energy use standards for 
electricity used for purposes of circulating air through duct work.''.

SEC. 134. ENERGY LABELING.

  (a) Rulemaking on Effectiveness of Consumer Product Labeling.--
Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 
6294(a)(2)) is amended by adding at the end the following:
  ``(F) Not later than 3 months after the date of enactment of this 
subparagraph, the Commission shall initiate a rulemaking to consider 
the effectiveness of the current consumer products labeling program in 
assisting consumers in making purchasing decisions and improving energy 
efficiency and to consider changes to the labeling rules that would 
improve the effectiveness of consumer product labels. Such rulemaking 
shall be completed not later than 2 years after the date of enactment 
of this subparagraph.
  ``(G)(i) Not later than 18 months after date of enactment of this 
subparagraph, the Commission shall prescribe by rule, pursuant to this 
section, labeling requirements for the electricity used by ceiling fans 
to circulate air in a room.
  ``(ii) The rule prescribed under clause (i) shall apply to products 
manufactured after the later of--
          ``(I) January 1, 2009; or
          ``(II) the date that is 60 days after the final rule is 
        prescribed.''.
  (b) Rulemaking on Labeling for Additional Products.--Section 324(a) 
of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) is 
further amended by adding at the end the following:
  ``(5) The Secretary or the Commission, as appropriate, may, for 
covered products referred to in subsections (u) through (aa) of section 
325, prescribe, by rule, pursuant to this section, labeling 
requirements for such products after a test procedure has been set 
pursuant to section 323. In the case of products to which TP-1 
standards under section 325(y) apply, labeling requirements shall be 
based on the `Standard for the Labeling of Distribution Transformer 
Efficiency' prescribed by the National Electrical Manufacturers 
Association (NEMA TP-3) as in effect upon the date of enactment of this 
paragraph.''.

SEC. 135. PREEMPTION.

  Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 
6297) is amended by adding at the end the following:
  ``(h) Ceiling Fans.--Effective on January 1, 2006, this section shall 
apply to and supersede all State and local standards prescribed or 
enacted for ceiling fans and ceiling fan light kits.''.

SEC. 136. STATE CONSUMER PRODUCT ENERGY EFFICIENCY STANDARDS.

  Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 
6297) is amended by adding at the end the following new subsection:
  ``(h) Limitation on Preemption.--Subsections (a) and (b) shall not 
apply with respect to State regulation of energy consumption or water 
use of any covered product during any period of time--
          ``(1) after the date which is 3 years after a Federal 
        standard is required by law to be established or revised, but 
        has not been established or revised; and
          ``(2) before the date on which such Federal standard is 
        established or revised.''.

                       Subtitle D--Public Housing

SEC. 145. GRANTS FOR ENERGY-CONSERVING IMPROVEMENTS FOR ASSISTED 
                    HOUSING.

  Section 251(b)(1) of the National Energy Conservation Policy Act (42 
U.S.C. 8231(1)) is amended--
          (1) by striking ``financed with loans'' and inserting 
        ``assisted'';
          (2) by inserting after ``1959,'' the following: ``which are 
        eligible multifamily housing projects (as such term is defined 
        in section 512 of the Multifamily Assisted Housing Reform and 
        Affordability Act of 1997 (42 U.S.C. 1437f note)) and are 
        subject to mortgage restructuring and rental assistance 
        sufficiency plans under such Act,''; and
          (3) by inserting after the period at the end of the first 
        sentence the following new sentence: ``Such improvements may 
        also include the installation of energy and water conserving 
        fixtures and fittings that conform to the American Society of 
        Mechanical Engineers/American National Standards Institute 
        standards A112.19.2-1998 and A112.18.1-2000, or any revision 
        thereto, applicable at the time of installation.''.

SEC. 147. ENERGY-EFFICIENT APPLIANCES.

  In purchasing appliances, a public housing agency shall purchase 
energy-efficient appliances that are Energy Star products or FEMP-
designated products, as such terms are defined in section 553 of the 
National Energy Conservation Policy Act (as amended by this title), 
unless the purchase of energy-efficient appliances is not cost-
effective to the agency.

SEC. 149. ENERGY STRATEGY FOR HUD.

  The Secretary of Housing and Urban Development shall develop and 
implement an integrated strategy to reduce utility expenses through 
cost-effective energy conservation and efficiency measures and energy 
efficient design and construction of public and assisted housing. The 
energy strategy shall include the development of energy reduction goals 
and incentives for public housing agencies. The Secretary shall submit 
a report to Congress, not later than 1 year after the date of the 
enactment of this Act, on the energy strategy and the actions taken by 
the Department of Housing and Urban Development to monitor the energy 
usage of public housing agencies and shall submit an update every 2 
years thereafter on progress in implementing the strategy.

                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.

  (a) Resource Assessment.--Not later than 6 months after the date of 
enactment of this Act, and each year thereafter, the Secretary of 
Energy shall review the available assessments of renewable energy 
resources within the United States, including solar, wind, biomass, 
ocean (tidal, wave, current, and thermal), geothermal, and 
hydroelectric energy resources, and undertake new assessments as 
necessary, taking into account changes in market conditions, available 
technologies, and other relevant factors.
  (b) Contents of Reports.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Secretary shall 
publish a report based on the assessment under subsection (a). The 
report shall contain--
          (1) a detailed inventory describing the available amount and 
        characteristics of the renewable energy resources; and
          (2) such other information as the Secretary believes would be 
        useful in developing such renewable energy resources, including 
        descriptions of surrounding terrain, population and load 
        centers, nearby energy infrastructure, location of energy and 
        water resources, and available estimates of the costs needed to 
        develop each resource, together with an identification of any 
        barriers to providing adequate transmission for remote sources 
        of renewable energy resources to current and emerging markets, 
        recommendations for removing or addressing such barriers, and 
        ways to provide access to the grid that do not unfairly 
        disadvantage renewable or other energy producers.
  (c) Authorization of Appropriations.--For the purposes of this 
section, there are authorized to be appropriated to the Secretary of 
Energy $10,000,000 for each of fiscal years 2006 through 2010.

SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE.

  (a) Incentive Payments.--Section 1212(a) of the Energy Policy Act of 
1992 (42 U.S.C. 13317(a)) is amended by striking ``and which 
satisfies'' and all that follows through ``Secretary shall establish.'' 
and inserting ``. If there are insufficient appropriations to make full 
payments for electric production from all qualified renewable energy 
facilities in any given year, the Secretary shall assign 60 percent of 
appropriated funds for that year to facilities that use solar, wind, 
geothermal, or closed-loop (dedicated energy crops) biomass 
technologies to generate electricity, and assign the remaining 40 
percent to other projects. The Secretary may, after transmitting to 
Congress an explanation of the reasons therefor, alter the percentage 
requirements of the preceding sentence.''.
  (b) Qualified Renewable Energy Facility.--Section 1212(b) of the 
Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended--
          (1) by striking ``a State or any political'' and all that 
        follows through ``nonprofit electrical cooperative'' and 
        inserting ``a not-for-profit electric cooperative, a public 
        utility described in section 115 of the Internal Revenue Code 
        of 1986, a State, Commonwealth, territory, or possession of the 
        United States or the District of Columbia, or a political 
        subdivision thereof, or an Indian tribal government or 
        subdivision thereof,''; and
          (2) by inserting ``landfill gas, livestock methane, ocean 
        (tidal, wave, current, and thermal),'' after ``wind, 
        biomass,''.
  (c) Eligibility Window.--Section 1212(c) of the Energy Policy Act of 
1992 (42 U.S.C. 13317(c)) is amended by striking ``during the 10-fiscal 
year period beginning with the first full fiscal year occurring after 
the enactment of this section'' and inserting ``after October 1, 2005, 
and before October 1, 2015''.
  (d) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act 
of 1992 (42 U.S.C. 13317(e)(1)) is amended by inserting ``landfill gas, 
livestock methane, ocean (tidal, wave, current, and thermal),'' after 
``wind, biomass,''.
  (e) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42 
U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all 
that follows through ``of this section'' and inserting ``September 30, 
2025''.
  (f) Authorization of Appropriations.--Section 1212(g) of the Energy 
Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows:
  ``(g) Authorization of Appropriations.--
          ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this section for fiscal years 2005 through 2025.
          ``(2) Availability of funds.--Funds made available under 
        paragraph (1) shall remain available until expended.''.

SEC. 203. FEDERAL PURCHASE REQUIREMENT.

  (a) Requirement.--The President, acting through the Secretary of 
Energy, shall seek to ensure that, to the extent economically feasible 
and technically practicable, of the total amount of electric energy the 
Federal Government consumes during any fiscal year, the following 
amounts shall be renewable energy:
          (1) Not less than 3 percent in fiscal years 2007 through 
        2009.
          (2) Not less than 5 percent in fiscal years 2010 through 
        2012.
          (3) Not less than 7.5 percent in fiscal year 2013 and each 
        fiscal year thereafter.
  (b) Definitions.--In this section:
          (1) Biomass.--The term ``biomass'' means any solid, 
        nonhazardous, cellulosic material that is derived from--
                  (A) any of the following forest-related resources: 
                mill residues, precommercial thinnings, slash, and 
                brush, or nonmerchantable material;
                  (B) solid wood waste materials, including waste 
                pallets, crates, dunnage, manufacturing and 
                construction wood wastes (other than pressure-treated, 
                chemically-treated, or painted wood wastes), and 
                landscape or right-of-way tree trimmings, but not 
                including municipal solid waste (garbage), gas derived 
                from the biodegradation of solid waste, or paper that 
                is commonly recycled;
                  (C) agriculture wastes, including orchard tree crops, 
                vineyard, grain, legumes, sugar, and other crop by-
                products or residues, and livestock waste nutrients; or
                  (D) a plant that is grown exclusively as a fuel for 
                the production of electricity.
          (2) Renewable energy.--The term ``renewable energy'' means 
        electric energy generated from solar, wind, biomass, landfill 
        gas, ocean (tidal, wave, current, and thermal), geothermal, 
        municipal solid waste, or new hydroelectric generation capacity 
        achieved from increased efficiency or additions of new capacity 
        at an existing hydroelectric project.
  (c) Calculation.--For purposes of determining compliance with the 
requirement of this section, the amount of renewable energy shall be 
doubled if--
          (1) the renewable energy is produced and used on-site at a 
        Federal facility;
          (2) the renewable energy is produced on Federal lands and 
        used at a Federal facility; or
          (3) the renewable energy is produced on Indian land as 
        defined in title XXVI of the Energy Policy Act of 1992 (25 
        U.S.C. 3501 et. seq.) and used at a Federal facility.
  (d) Report.--Not later than April 15, 2007, and every 2 years 
thereafter, the Secretary of Energy shall provide a report to Congress 
on the progress of the Federal Government in meeting the goals 
established by this section.

SEC. 204. INSULAR AREAS ENERGY SECURITY.

  Section 604 of the Act entitled ``An Act to authorize appropriations 
for certain insular areas of the United States, and for other 
purposes'', approved December 24, 1980 (48 U.S.C. 1492), is amended--
          (1) in subsection (a)(4) by striking the period and inserting 
        a semicolon;
          (2) by adding at the end of subsection (a) the following new 
        paragraphs:
          ``(5) electric power transmission and distribution lines in 
        insular areas are inadequate to withstand damage caused by the 
        hurricanes and typhoons which frequently occur in insular areas 
        and such damage often costs millions of dollars to repair; and
          ``(6) the refinement of renewable energy technologies since 
        the publication of the 1982 Territorial Energy Assessment 
        prepared pursuant to subsection (c) reveals the need to 
        reassess the state of energy production, consumption, 
        infrastructure, reliance on imported energy, opportunities for 
        energy conservation and increased energy efficiency, and 
        indigenous sources in regard to the insular areas.'';
          (3) by amending subsection (e) to read as follows:
  ``(e)(1) The Secretary of the Interior, in consultation with the 
Secretary of Energy and the head of government of each insular area, 
shall update the plans required under subsection (c) by--
          ``(A) updating the contents required by subsection (c);
          ``(B) drafting long-term energy plans for such insular areas 
        with the objective of reducing, to the extent feasible, their 
        reliance on energy imports by the year 2012, increasing energy 
        conservation and energy efficiency, and maximizing, to the 
        extent feasible, use of indigenous energy sources; and
          ``(C) drafting long-term energy transmission line plans for 
        such insular areas with the objective that the maximum 
        percentage feasible of electric power transmission and 
        distribution lines in each insular area be protected from 
        damage caused by hurricanes and typhoons.
  ``(2) Not later than December 31, 2007, the Secretary of the Interior 
shall submit to Congress the updated plans for each insular area 
required by this subsection.''; and
          (4) by amending subsection (g)(4) to read as follows:
          ``(4) Power line grants for insular areas.--
                  ``(A) In general.--The Secretary of the Interior is 
                authorized to make grants to governments of insular 
                areas of the United States to carry out eligible 
                projects to protect electric power transmission and 
                distribution lines in such insular areas from damage 
                caused by hurricanes and typhoons.
                  ``(B) Eligible projects.--The Secretary may award 
                grants under subparagraph (A) only to governments of 
                insular areas of the United States that submit written 
                project plans to the Secretary for projects that meet 
                the following criteria:
                          ``(i) The project is designed to protect 
                        electric power transmission and distribution 
                        lines located in 1 or more of the insular areas 
                        of the United States from damage caused by 
                        hurricanes and typhoons.
                          ``(ii) The project is likely to substantially 
                        reduce the risk of future damage, hardship, 
                        loss, or suffering.
                          ``(iii) The project addresses 1 or more 
                        problems that have been repetitive or that pose 
                        a significant risk to public health and safety.
                          ``(iv) The project is not likely to cost more 
                        than the value of the reduction in direct 
                        damage and other negative impacts that the 
                        project is designed to prevent or mitigate. The 
                        cost benefit analysis required by this 
                        criterion shall be computed on a net present 
                        value basis.
                          ``(v) The project design has taken into 
                        consideration long-term changes to the areas 
                        and persons it is designed to protect and has 
                        manageable future maintenance and modification 
                        requirements.
                          ``(vi) The project plan includes an analysis 
                        of a range of options to address the problem it 
                        is designed to prevent or mitigate and a 
                        justification for the selection of the project 
                        in light of that analysis.
                          ``(vii) The applicant has demonstrated to the 
                        Secretary that the matching funds required by 
                        subparagraph (D) are available.
                  ``(C) Priority.--When making grants under this 
                paragraph, the Secretary shall give priority to grants 
                for projects which are likely to--
                          ``(i) have the greatest impact on reducing 
                        future disaster losses; and
                          ``(ii) best conform with plans that have been 
                        approved by the Federal Government or the 
                        government of the insular area where the 
                        project is to be carried out for development or 
                        hazard mitigation for that insular area.
                  ``(D) Matching requirement.--The Federal share of the 
                cost for a project for which a grant is provided under 
                this paragraph shall not exceed 75 percent of the total 
                cost of that project. The non-Federal share of the cost 
                may be provided in the form of cash or services.
                  ``(E) Treatment of funds for certain purposes.--
                Grants provided under this paragraph shall not be 
                considered as income, a resource, or a duplicative 
                program when determining eligibility or benefit levels 
                for Federal major disaster and emergency assistance.
                  ``(F) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for each fiscal year beginning 
                after the date of the enactment of this paragraph.''.

SEC. 205. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC BUILDINGS.

  (a) In General.--Part 4 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8271 et seq.) is amended by adding 
at the end the following:

``SEC. 570. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC BUILDINGS.

  ``(a) Photovoltaic Energy Commercialization Program.--
          ``(1) In general.--The Secretary may establish a photovoltaic 
        energy commercialization program for the procurement and 
        installation of photovoltaic solar electric systems for 
        electric production in new and existing public buildings.
          ``(2) Purposes.--The purposes of the program shall be to 
        accomplish the following:
                  ``(A) To accelerate the growth of a commercially 
                viable photovoltaic industry to make this energy system 
                available to the general public as an option which can 
                reduce the national consumption of fossil fuel.
                  ``(B) To reduce the fossil fuel consumption and costs 
                of the Federal Government.
                  ``(C) To attain the goal of installing solar energy 
                systems in 20,000 Federal buildings by 2010, as 
                contained in the Federal Government's Million Solar 
                Roof Initiative of 1997.
                  ``(D) To stimulate the general use within the Federal 
                Government of life-cycle costing and innovative 
                procurement methods.
                  ``(E) To develop program performance data to support 
                policy decisions on future incentive programs with 
                respect to energy.
          ``(3) Acquisition of photovoltaic solar electric systems.--
                  ``(A) In general.--The program shall provide for the 
                acquisition of photovoltaic solar electric systems and 
                associated storage capability for use in public 
                buildings.
                  ``(B) Acquisition levels.--The acquisition of 
                photovoltaic electric systems shall be at a level 
                substantial enough to allow use of low-cost production 
                techniques with at least 150 megawatts (peak) 
                cumulative acquired during the 5 years of the program.
          ``(4) Administration.--The Secretary shall administer the 
        program and shall--
                  ``(A) issue such rules and regulations as may be 
                appropriate to monitor and assess the performance and 
                operation of photovoltaic solar electric systems 
                installed pursuant to this subsection;
                  ``(B) develop innovative procurement strategies for 
                the acquisition of such systems; and
                  ``(C) transmit to Congress an annual report on the 
                results of the program.
  ``(b) Photovoltaic Systems Evaluation Program.--
          ``(1) In general.--Not later than 60 days after the date of 
        enactment of this section, the Secretary shall establish a 
        photovoltaic solar energy systems evaluation program to 
        evaluate such photovoltaic solar energy systems as are required 
        in public buildings.
          ``(2) Program requirement.--In evaluating photovoltaic solar 
        energy systems under the program, the Secretary shall ensure 
        that such systems reflect the most advanced technology.
  ``(c) Authorization of Appropriations.--
          ``(1) Photovoltaic energy commercialization program.--There 
        are authorized to be appropriated to carry out subsection (a) 
        $50,000,000 for each of fiscal years 2006 through 2010. Such 
        sums shall remain available until expended.
          ``(2) Photovoltaic systems evaluation program.--There are 
        authorized to be appropriated to carry out subsection (b) 
        $10,000,000 for each of fiscal years 2006 through 2010. Such 
        sums shall remain available until expended.''.
  (b) Conforming Amendment.--The table of sections for the National 
Energy Conservation Policy Act is amended by inserting after the item 
relating to section 569 the following:

``Sec. 570. Use of photovoltaic energy in public buildings.''.

SEC. 206. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR 
                    ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, 
                    PETROLEUM-BASED PRODUCT SUBSTITUTES, AND OTHER 
                    COMMERCIAL PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) Thousands of communities in the United States, many 
        located near Federal lands, are at risk to wildfire. 
        Approximately 190,000,000 acres of land managed by the 
        Secretary of Agriculture and the Secretary of the Interior are 
        at risk of catastrophic fire in the near future. The 
        accumulation of heavy forest fuel loads continues to increase 
        as a result of disease, insect infestations, and drought, 
        further raising the risk of fire each year.
          (2) In addition, more than 70,000,000 acres across all land 
        ownerships are at risk to higher than normal mortality over the 
        next 15 years from insect infestation and disease. High levels 
        of tree mortality from insects and disease result in increased 
        fire risk, loss of old growth, degraded watershed conditions, 
        and changes in species diversity and productivity, as well as 
        diminished fish and wildlife habitat and decreased timber 
        values.
          (3) Preventive treatments such as removing fuel loading, 
        ladder fuels, and hazard trees, planting proper species mix and 
        restoring and protecting early successional habitat, and other 
        specific restoration treatments designed to reduce the 
        susceptibility of forest land, woodland, and rangeland to 
        insect outbreaks, disease, and catastrophic fire present the 
        greatest opportunity for long-term forest health by creating a 
        mosaic of species-mix and age distribution. Such prevention 
        treatments are widely acknowledged to be more successful and 
        cost effective than suppression treatments in the case of 
        insects, disease, and fire.
          (4) The byproducts of preventive treatment (wood, brush, 
        thinnings, chips, slash, and other hazardous fuels) removed 
        from forest lands, woodlands and rangelands represent an 
        abundant supply of biomass for biomass-to-energy facilities and 
        raw material for business. There are currently few markets for 
        the extraordinary volumes of byproducts being generated as a 
        result of the necessary large-scale preventive treatment 
        activities.
          (5) The United States should--
                  (A) promote economic and entrepreneurial 
                opportunities in using byproducts removed through 
                preventive treatment activities related to hazardous 
                fuels reduction, disease, and insect infestation; and
                  (B) develop and expand markets for traditionally 
                underused wood and biomass as an outlet for byproducts 
                of preventive treatment activities.
  (b) Definitions.--In this section:
          (1) Biomass.--The term ``biomass'' means trees and woody 
        plants, including limbs, tops, needles, and other woody parts, 
        and byproducts of preventive treatment, such as wood, brush, 
        thinnings, chips, and slash, that are removed--
                  (A) to reduce hazardous fuels; or
                  (B) to reduce the risk of or to contain disease or 
                insect infestation.
          (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4(e) of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b(e)).
          (3) Person.--The term ``person'' includes--
                  (A) an individual;
                  (B) a community (as determined by the Secretary 
                concerned);
                  (C) an Indian tribe;
                  (D) a small business, micro-business, or a 
                corporation that is incorporated in the United States; 
                and
                  (E) a nonprofit organization.
          (4) Preferred community.--The term ``preferred community'' 
        means--
                  (A) any town, township, municipality, or other 
                similar unit of local government (as determined by the 
                Secretary concerned) that--
                          (i) has a population of not more than 50,000 
                        individuals; and
                          (ii) the Secretary concerned, in the sole 
                        discretion of the Secretary concerned, 
                        determines contains or is located near land, 
                        the condition of which is at significant risk 
                        of catastrophic wildfire, disease, or insect 
                        infestation or which suffers from disease or 
                        insect infestation; or
                  (B) any county that--
                          (i) is not contained within a metropolitan 
                        statistical area; and
                          (ii) the Secretary concerned, in the sole 
                        discretion of the Secretary concerned, 
                        determines contains or is located near land, 
                        the condition of which is at significant risk 
                        of catastrophic wildfire, disease, or insect 
                        infestation or which suffers from disease or 
                        insect infestation.
          (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                  (A) the Secretary of Agriculture with respect to 
                National Forest System lands; and
                  (B) the Secretary of the Interior with respect to 
                Federal lands under the jurisdiction of the Secretary 
                of the Interior and Indian lands.
  (c) Biomass Commercial Use Grant Program.--
          (1) In general.--The Secretary concerned may make grants to 
        any person that owns or operates a facility that uses biomass 
        as a raw material to produce electric energy, sensible heat, 
        transportation fuels, or substitutes for petroleum-based 
        products to offset the costs incurred to purchase biomass for 
        use by such facility.
          (2) Grant amounts.--A grant under this subsection may not 
        exceed $20 per green ton of biomass delivered.
          (3) Monitoring of grant recipient activities.--As a condition 
        of a grant under this subsection, the grant recipient shall 
        keep such records as the Secretary concerned may require to 
        fully and correctly disclose the use of the grant funds and all 
        transactions involved in the purchase of biomass. Upon notice 
        by a representative of the Secretary concerned, the grant 
        recipient shall afford the representative reasonable access to 
        the facility that purchases or uses biomass and an opportunity 
        to examine the inventory and records of the facility.
  (d) Improved Biomass Use Grant Program.--
          (1) In general.--The Secretary concerned may make grants to 
        persons to offset the cost of projects to develop or research 
        opportunities to improve the use of, or add value to, biomass. 
        In making such grants, the Secretary concerned shall give 
        preference to persons in preferred communities.
          (2) Selection.--The Secretary concerned shall select a grant 
        recipient under paragraph (1) after giving consideration to the 
        anticipated public benefits of the project, including the 
        potential to develop thermal or electric energy resources or 
        affordable energy, opportunities for the creation or expansion 
        of small businesses and micro-businesses, and the potential for 
        new job creation.
          (3) Grant amount.--A grant under this subsection may not 
        exceed $500,000.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 for each of the fiscal years 2006 through 2016 
to carry out this section.
  (f) Report.--Not later than October 1, 2012, the Secretary of 
Agriculture, in consultation with the Secretary of the Interior, shall 
submit to the Committee on Energy and Natural Resources and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate and the 
Committee on Resources, the Committee on Energy and Commerce, and the 
Committee on Agriculture of the House of Representatives a report 
describing the results of the grant programs authorized by this 
section. The report shall include the following:
          (1) An identification of the size, type, and the use of 
        biomass by persons that receive grants under this section.
          (2) The distance between the land from which the biomass was 
        removed and the facility that used the biomass.
          (3) The economic impacts, particularly new job creation, 
        resulting from the grants to and operation of the eligible 
        operations.

SEC. 207. BIOBASED PRODUCTS.

  Section 9002(c)(1) of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 8102(c)(1)) is amended by inserting ``or such items that 
comply with the regulations issued under section 103 of Public Law 100-
556 (42 U.S.C. 6914b-1)'' after ``practicable''.

SEC. 208. RENEWABLE ENERGY SECURITY.

  (a) Weatherization Assistance.--Section 415(c) of the Energy 
Conservation and Production Act (42 U.S.C. 6865(c)) is amended--
          (1) in paragraph (1), by striking ``in paragraph (3)'' and 
        inserting ``in paragraphs (3) and (4)'';
          (2) in paragraph (3), by striking ``$2,500 per dwelling unit 
        average provided in paragraph (1)'' and inserting ``dwelling 
        unit averages provided in paragraphs (1) and (4)''; and
          (3) by adding at the end the following new paragraphs:
  ``(4) The expenditure of financial assistance provided under this 
part for labor, weatherization materials, and related matters for a 
renewable energy system shall not exceed an average of $3,000 per 
dwelling unit.
  ``(5)(A) The Secretary shall by regulations--
          ``(i) establish the criteria which are to be used in 
        prescribing performance and quality standards under paragraph 
        (6)(A)(ii) or in specifying any form of renewable energy under 
        paragraph (6)(A)(i)(I); and
          ``(ii) establish a procedure under which a manufacturer of an 
        item may request the Secretary to certify that the item will be 
        treated, for purposes of this paragraph, as a renewable energy 
        system.
  ``(B) The Secretary shall make a final determination with respect to 
any request filed under subparagraph (A)(ii) within 1 year after the 
filing of the request, together with any information required to be 
filed with such request under subparagraph (A)(ii).
  ``(C) Each month the Secretary shall publish a report of any request 
under subparagraph (A)(ii) which has been denied during the preceding 
month and the reasons for the denial.
  ``(D) The Secretary shall not specify any form of renewable energy 
under paragraph (6)(A)(i)(I) unless the Secretary determines that--
          ``(i) there will be a reduction in oil or natural gas 
        consumption as a result of such specification;
          ``(ii) such specification will not result in an increased use 
        of any item which is known to be, or reasonably suspected to 
        be, environmentally hazardous or a threat to public health or 
        safety; and
          ``(iii) available Federal subsidies do not make such 
        specification unnecessary or inappropriate (in the light of the 
        most advantageous allocation of economic resources).
  ``(6) In this subsection--
          ``(A) the term `renewable energy system' means a system 
        which--
                  ``(i) when installed in connection with a dwelling, 
                transmits or uses--
                          ``(I) solar energy, energy derived from the 
                        geothermal deposits, energy derived from 
                        biomass, or any other form of renewable energy 
                        which the Secretary specifies by regulations, 
                        for the purpose of heating or cooling such 
                        dwelling or providing hot water or electricity 
                        for use within such dwelling; or
                          ``(II) wind energy for nonbusiness 
                        residential purposes;
                  ``(ii) meets the performance and quality standards 
                (if any) which have been prescribed by the Secretary by 
                regulations;
                  ``(iii) in the case of a combustion rated system, has 
                a thermal efficiency rating of at least 75 percent; and
                  ``(iv) in the case of a solar system, has a thermal 
                efficiency rating of at least 15 percent; and
          ``(B) the term `biomass' means 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 wastes, municipal wastes, and other waste 
        materials.''.
  (b) District Heating and Cooling Programs.--Section 172 of the Energy 
Policy Act of 1992 (42 U.S.C. 13451 note) is amended--
          (1) in subsection (a)--
                  (A) by striking ``and'' at the end of paragraph (3);
                  (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                  (C) by adding at the end the following new paragraph:
          ``(5) evaluate the use of renewable energy systems (as such 
        term is defined in section 415(c) of the Energy Conservation 
        and Production Act (42 U.S.C. 6865(c))) in residential 
        buildings.''; and
          (2) in subsection (b), by striking ``this Act'' and inserting 
        ``the Energy Policy Act of 2005''.
  (c) Definition of Biomass.--Section 203(2) of the Biomass Energy and 
Alcohol Fuels Act of 1980 (42 U.S.C. 8802(2)) is amended to read as 
follows:
          ``(2) The term `biomass' means 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 wastes, municipal wastes, and other waste 
        materials.''.
  (d) Rebate Program.--
          (1) Establishment.--The Secretary of Energy shall establish a 
        program providing rebates for consumers for expenditures made 
        for the installation of a renewable energy system in connection 
        with a dwelling unit or small business.
          (2) Amount of rebate.--Rebates provided under the program 
        established under paragraph (1) shall be in an amount not to 
        exceed the lesser of--
                  (A) 25 percent of the expenditures described in 
                paragraph (1) made by the consumer; or
                  (B) $3,000.
          (3) Definition.--For purposes of this subsection, the term 
        ``renewable energy system'' has the meaning given that term in 
        section 415(c)(6)(A) of the Energy Conservation and Production 
        Act (42 U.S.C. 6865(c)(6)(A)), as added by subsection (a)(3) of 
        this section.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated to the Secretary of Energy for carrying out 
        this subsection, to remain available until expended--
                  (A) $150,000,000 for fiscal year 2006;
                  (B) $150,000,000 for fiscal year 2007;
                  (C) $200,000,000 for fiscal year 2008;
                  (D) $250,000,000 for fiscal year 2009; and
                  (E) $250,000,000 for fiscal year 2010.
  (e) Renewable Fuel Inventory.--Not later than 180 days after the date 
of enactment of this Act, the Secretary of Energy shall transmit to 
Congress a report containing--
          (1) an inventory of renewable fuels available for consumers; 
        and
          (2) a projection of future inventories of renewable fuels 
        based on the incentives provided in this section

                       Subtitle C--Hydroelectric

                     PART I--ALTERNATIVE CONDITIONS

SEC. 231. ALTERNATIVE CONDITIONS AND FISHWAYS.

  (a) Federal Reservations.--Section 4(e) of the Federal Power Act (16 
U.S.C. 797(e)) is amended by inserting after ``adequate protection and 
utilization of such reservation.'' at the end of the first proviso the 
following: ``The license applicant shall be entitled to a determination 
on the record, after opportunity for an expedited agency trial-type 
hearing of any disputed issues of material fact, with respect to such 
conditions. Such hearing may be conducted in accordance with procedures 
established by agency regulation in consultation with the Federal 
Energy Regulatory Commission.''.
  (b) Fishways.--Section 18 of the Federal Power Act (16 U.S.C. 811) is 
amended by inserting after ``and such fishways as may be prescribed by 
the Secretary of Commerce.'' the following: ``The license applicant 
shall be entitled to a determination on the record, after opportunity 
for an expedited agency trial-type hearing of any disputed issues of 
material fact, with respect to such fishways. Such hearing may be 
conducted in accordance with procedures established by agency 
regulation in consultation with the Federal Energy Regulatory 
Commission.''.
  (c) Alternative Conditions and Prescriptions.--Part I of the Federal 
Power Act (16 U.S.C. 791a et seq.) is amended by adding the following 
new section at the end thereof:

``SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.

  ``(a) Alternative Conditions.--(1) Whenever any person applies for a 
license for any project works within any reservation of the United 
States, and the Secretary of the department under whose supervision 
such reservation falls (referred to in this subsection as `the 
Secretary') deems a condition to such license to be necessary under the 
first proviso of section 4(e), the license applicant may propose an 
alternative condition.
  ``(2) Notwithstanding the first proviso of section 4(e), the 
Secretary shall accept the proposed alternative condition referred to 
in paragraph (1), and the Commission shall include in the license such 
alternative condition, if the Secretary determines, based on 
substantial evidence provided by the license applicant or otherwise 
available to the Secretary, that such alternative condition--
          ``(A) provides for the adequate protection and utilization of 
        the reservation; and
          ``(B) will either--
                  ``(i) cost less to implement; or
                  ``(ii) result in improved operation of the project 
                works for electricity production,
        as compared to the condition initially deemed necessary by the 
        Secretary.
  ``(3) The Secretary shall submit into the public record of the 
Commission proceeding with any condition under section 4(e) or 
alternative condition it accepts under this section, a written 
statement explaining the basis for such condition, and reason for not 
accepting any alternative condition under this section. The written 
statement must demonstrate that the Secretary gave equal consideration 
to the effects of the condition adopted and alternatives not accepted 
on energy supply, distribution, cost, and use; flood control; 
navigation; water supply; and air quality (in addition to the 
preservation of other aspects of environmental quality); based on such 
information as may be available to the Secretary, including information 
voluntarily provided in a timely manner by the applicant and others. 
The Secretary shall also submit, together with the aforementioned 
written statement, all studies, data, and other factual information 
available to the Secretary and relevant to the Secretary's decision.
  ``(4) Nothing in this section shall prohibit other interested parties 
from proposing alternative conditions.
  ``(5) If the Secretary does not accept an applicant's alternative 
condition under this section, and the Commission finds that the 
Secretary's condition would be inconsistent with the purposes of this 
part, or other applicable law, the Commission may refer the dispute to 
the Commission's Dispute Resolution Service. The Dispute Resolution 
Service shall consult with the Secretary and the Commission and issue a 
non-binding advisory within 90 days. The Secretary may accept the 
Dispute Resolution Service advisory unless the Secretary finds that the 
recommendation will not provide for the adequate protection and 
utilization of the reservation. The Secretary shall submit the advisory 
and the Secretary's final written determination into the record of the 
Commission's proceeding.
  ``(b) Alternative Prescriptions.--(1) Whenever the Secretary of the 
Interior or the Secretary of Commerce prescribes a fishway under 
section 18, the license applicant or licensee may propose an 
alternative to such prescription to construct, maintain, or operate a 
fishway.
  ``(2) Notwithstanding section 18, the Secretary of the Interior or 
the Secretary of Commerce, as appropriate, shall accept and prescribe, 
and the Commission shall require, the proposed alternative referred to 
in paragraph (1), if the Secretary of the appropriate department 
determines, based on substantial evidence provided by the licensee or 
otherwise available to the Secretary, that such alternative--
          ``(A) will be no less protective than the fishway initially 
        prescribed by the Secretary; and
          ``(B) will either--
                  ``(i) cost less to implement; or
                  ``(ii) result in improved operation of the project 
                works for electricity production,
        as compared to the fishway initially deemed necessary by the 
        Secretary.
  ``(3) The Secretary concerned shall submit into the public record of 
the Commission proceeding with any prescription under section 18 or 
alternative prescription it accepts under this section, a written 
statement explaining the basis for such prescription, and reason for 
not accepting any alternative prescription under this section. The 
written statement must demonstrate that the Secretary gave equal 
consideration to the effects of the condition adopted and alternatives 
not accepted on energy supply, distribution, cost, and use; flood 
control; navigation; water supply; and air quality (in addition to the 
preservation of other aspects of environmental quality); based on such 
information as may be available to the Secretary, including information 
voluntarily provided in a timely manner by the applicant and others. 
The Secretary shall also submit, together with the aforementioned 
written statement, all studies, data, and other factual information 
available to the Secretary and relevant to the Secretary's decision.
  ``(4) Nothing in this section shall prohibit other interested parties 
from proposing alternative prescriptions.
  ``(5) If the Secretary concerned does not accept an applicant's 
alternative prescription under this section, and the Commission finds 
that the Secretary's prescription would be inconsistent with the 
purposes of this part, or other applicable law, the Commission may 
refer the dispute to the Commission's Dispute Resolution Service. The 
Dispute Resolution Service shall consult with the Secretary and the 
Commission and issue a non-binding advisory within 90 days. The 
Secretary may accept the Dispute Resolution Service advisory unless the 
Secretary finds that the recommendation will be less protective than 
the fishway initially prescribed by the Secretary. The Secretary shall 
submit the advisory and the Secretary's final written determination 
into the record of the Commission's proceeding.''.

                     PART II--ADDITIONAL HYDROPOWER

SEC. 241. HYDROELECTRIC PRODUCTION INCENTIVES.

  (a) Incentive Payments.--For electric energy generated and sold by a 
qualified hydroelectric facility during the incentive period, the 
Secretary of Energy (referred to in this section as the ``Secretary'') 
shall make, subject to the availability of appropriations, incentive 
payments to the owner or operator of such facility. The amount of such 
payment made to any such owner or operator shall be as determined under 
subsection (e) of this section. Payments under this section may only be 
made upon receipt by the Secretary of an incentive payment application 
which establishes that the applicant is eligible to receive such 
payment and which satisfies such other requirements as the Secretary 
deems necessary. Such application shall be in such form, and shall be 
submitted at such time, as the Secretary shall establish.
  (b) Definitions.--For purposes of this section:
          (1) Qualified hydroelectric facility.--The term ``qualified 
        hydroelectric facility'' means a turbine or other generating 
        device owned or solely operated by a non-Federal entity which 
        generates hydroelectric energy for sale and which is added to 
        an existing dam or conduit.
          (2) Existing dam or conduit.--The term ``existing dam or 
        conduit'' means any dam or conduit the construction of which 
        was completed before the date of the enactment of this section 
        and which does not require any construction or enlargement of 
        impoundment or diversion structures (other than repair or 
        reconstruction) in connection with the installation of a 
        turbine or other generating device.
          (3) Conduit.--The term ``conduit'' has the same meaning as 
        when used in section 30(a)(2) of the Federal Power Act (16 
        U.S.C. 823a(a)(2)).
The terms defined in this subsection shall apply without regard to the 
hydroelectric kilowatt capacity of the facility concerned, without 
regard to whether the facility uses a dam owned by a governmental or 
nongovernmental entity, and without regard to whether the facility 
begins operation on or after the date of the enactment of this section.
  (c) Eligibility Window.--Payments may be made under this section only 
for electric energy generated from a qualified hydroelectric facility 
which begins operation during the period of 10 fiscal years beginning 
with the first full fiscal year occurring after the date of enactment 
of this subtitle.
  (d) Incentive Period.--A qualified hydroelectric facility may receive 
payments under this section for a period of 10 fiscal years (referred 
to in this section as the ``incentive period''). Such period shall 
begin with the fiscal year in which electric energy generated from the 
facility is first eligible for such payments.
  (e) Amount of Payment.--
          (1) In general.--Payments made by the Secretary under this 
        section to the owner or operator of a qualified hydroelectric 
        facility shall be based on the number of kilowatt hours of 
        hydroelectric energy generated by the facility during the 
        incentive period. For any such facility, the amount of such 
        payment shall be 1.8 cents per kilowatt hour (adjusted as 
        provided in paragraph (2)), subject to the availability of 
        appropriations under subsection (g), except that no facility 
        may receive more than $750,000 in 1 calendar year.
          (2) Adjustments.--The amount of the payment made to any 
        person under this section as provided in paragraph (1) shall be 
        adjusted for inflation for each fiscal year beginning after 
        calendar year 2005 in the same manner as provided in the 
        provisions of section 29(d)(2)(B) of the Internal Revenue Code 
        of 1986, except that in applying such provisions the calendar 
        year 2005 shall be substituted for calendar year 1979.
  (f) Sunset.--No payment may be made under this section to any 
qualified hydroelectric facility after the expiration of the period of 
20 fiscal years beginning with the first full fiscal year occurring 
after the date of enactment of this subtitle, and no payment may be 
made under this section to any such facility after a payment has been 
made with respect to such facility for a period of 10 fiscal years.
  (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the purposes of this section 
$10,000,000 for each of the fiscal years 2006 through 2015.

SEC. 242. HYDROELECTRIC EFFICIENCY IMPROVEMENT.

  (a) Incentive Payments.--The Secretary of Energy shall make incentive 
payments to the owners or operators of hydroelectric facilities at 
existing dams to be used to make capital improvements in the facilities 
that are directly related to improving the efficiency of such 
facilities by at least 3 percent.
  (b) Limitations.--Incentive payments under this section shall not 
exceed 10 percent of the costs of the capital improvement concerned and 
not more than 1 payment may be made with respect to improvements at a 
single facility. No payment in excess of $750,000 may be made with 
respect to improvements at a single facility.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section not more than $10,000,000 for 
each of the fiscal years 2006 through 2015.

SEC. 243. SMALL HYDROELECTRIC POWER PROJECTS.

  Section 408(a)(6) of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2708(a)(6)) is amended by striking ``April 20, 1977'' 
and inserting ``March 4, 2003''.

SEC. 244. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL 
                    FACILITIES.

  (a) In General.--The Secretary of the Interior and the Secretary of 
Energy, in consultation with the Secretary of the Army, shall jointly 
conduct a study of the potential for increasing electric power 
production capability at federally owned or operated water regulation, 
storage, and conveyance facilities.
  (b) Content.--The study under this section shall include 
identification and description in detail of each facility that is 
capable, with or without modification, of producing additional 
hydroelectric power, including estimation of the existing potential for 
the facility to generate hydroelectric power.
  (c) Report.--The Secretaries shall submit to the Committees on Energy 
and Commerce, Resources, and Transportation and Infrastructure of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the findings, conclusions, and 
recommendations of the study under this section by not later than 18 
months after the date of the enactment of this Act. The report shall 
include each of the following:
          (1) The identifications, descriptions, and estimations 
        referred to in subsection (b).
          (2) A description of activities currently conducted or 
        considered, or that could be considered, to produce additional 
        hydroelectric power from each identified facility.
          (3) A summary of prior actions taken by the Secretaries to 
        produce additional hydroelectric power from each identified 
        facility.
          (4) The costs to install, upgrade, or modify equipment or 
        take other actions to produce additional hydroelectric power 
        from each identified facility and the level of Federal power 
        customer involvement in the determination of such costs.
          (5) The benefits that would be achieved by such installation, 
        upgrade, modification, or other action, including quantified 
        estimates of any additional energy or capacity from each 
        facility identified under subsection (b).
          (6) A description of actions that are planned, underway, or 
        might reasonably be considered to increase hydroelectric power 
        production by replacing turbine runners, by performing 
        generator upgrades or rewinds, or construction of pumped 
        storage facilities.
          (7) The impact of increased hydroelectric power production on 
        irrigation, fish, wildlife, Indian tribes, river health, water 
        quality, navigation, recreation, fishing, and flood control.
          (8) Any additional recommendations to increase hydroelectric 
        power production from, and reduce costs and improve efficiency 
        at, federally owned or operated water regulation, storage, and 
        conveyance facilities.

SEC. 245. SHIFT OF PROJECT LOADS TO OFF-PEAK PERIODS.

  (a) In General.--The Secretary of the Interior shall--
          (1) review electric power consumption by Bureau of 
        Reclamation facilities for water pumping purposes; and
          (2) make such adjustments in such pumping as possible to 
        minimize the amount of electric power consumed for such pumping 
        during periods of peak electric power consumption, including by 
        performing as much of such pumping as possible during off-peak 
        hours at night.
  (b) Consent of Affected Irrigation Customers Required.--The Secretary 
may not under this section make any adjustment in pumping at a facility 
without the consent of each person that has contracted with the United 
States for delivery of water from the facility for use for irrigation 
and that would be affected by such adjustment.
  (c) Existing Obligations not Affected.--This section shall not be 
construed to affect any existing obligation of the Secretary to provide 
electric power, water, or other benefits from Bureau of Reclamation 
facilities, including recreational releases.

                         TITLE III--OIL AND GAS

           Subtitle A--Petroleum Reserve and Home Heating Oil

SEC. 301. PERMANENT AUTHORITY TO OPERATE THE STRATEGIC PETROLEUM 
                    RESERVE AND OTHER ENERGY PROGRAMS.

  (a) Amendment to Title I of the Energy Policy and Conservation Act.--
Title I of the Energy Policy and Conservation Act (42 U.S.C. 6211 et 
seq.) is amended--
          (1) by striking section 166 (42 U.S.C. 6246) and inserting 
        the following:
                   ``authorization of appropriations
  ``Sec. 166. There are authorized to be appropriated to the Secretary 
such sums as may be necessary to carry out this part and part D, to 
remain available until expended.'';
          (2) by striking section 186 (42 U.S.C. 6250e); and
          (3) by striking part E (42 U.S.C. 6251; relating to the 
        expiration of title I of the Act).
  (b) Amendment to Title II of the Energy Policy and Conservation 
Act.--Title II of the Energy Policy and Conservation Act (42 U.S.C. 
6271 et seq.) is amended--
          (1) by inserting before section 273 (42 U.S.C. 6283) the 
        following:

          ``PART C--SUMMER FILL AND FUEL BUDGETING PROGRAMS'';

          (2) by striking section 273(e) (42 U.S.C. 6283(e); relating 
        to the expiration of summer fill and fuel budgeting programs); 
        and
          (3) by striking part D (42 U.S.C. 6285; relating to the 
        expiration of title II of the Act).
  (c) Technical Amendments.--The table of contents for the Energy 
Policy and Conservation Act is amended--
          (1) by amending part D of title I to read as follows:

              ``Part D--Northeast home heating oil Reserve

``Sec. 181. Establishment.
``Sec. 182. Authority.
``Sec. 183. Conditions for release; plan.
``Sec. 184. Northeast Home Heating Oil Reserve Account.
``Sec. 185. Exemptions.'';

          (2) by amending the items relating to part C of title II to 
        read as follows:

           ``Part C--Summer fill and fuel budgeting programs

``Sec. 273. Summer fill and fuel budgeting programs.''

          (3) by striking the items relating to part D of title II.
  (d) Amendment to the Energy Policy and Conservation Act.--Section 
183(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 
6250(b)(1)) is amended by striking all after ``increases'' through 
``mid-October through March'' and inserting ``by more than 60 percent 
over its 5-year rolling average for the months of mid-October through 
March (considered as a heating season average)''.
  (e) Fill Strategic Petroleum Reserve to Capacity.--The Secretary of 
Energy shall, as expeditiously as practicable, acquire petroleum in 
amounts sufficient to fill the Strategic Petroleum Reserve to the 
1,000,000,000 barrel capacity authorized under section 154(a) of the 
Energy Policy and Conservation Act (42 U.S.C. 6234(a)), consistent with 
the provisions of sections 159 and 160 of such Act (42 U.S.C. 6239, 
6240).

SEC. 302. NATIONAL OILHEAT RESEARCH ALLIANCE.

  Section 713 of the Energy Act of 2000 (42 U.S.C. 6201 note) is 
amended by striking ``4'' and inserting ``9''.

SEC. 303. SITE SELECTION.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy shall complete a proceeding to select, from sites 
that the Secretary has previously studied, sites necessary to enable 
acquisition by the Secretary of the full authorized volume of the 
Strategic Petroleum Reserve.

SEC. 304. SUSPENSION OF STRATEGIC PETROLEUM RESERVE DELIVERIES.

  The Secretary of Energy shall suspend deliveries of royalty-in-kind 
oil to the Strategic Petroleum Reserve until the price of oil falls 
below $40 per barrel for 2 consecutive weeks on the New York Mercantile 
Exchange.

                   Subtitle B--Production Incentives

SEC. 320. LIQUEFACTION OR GASIFICATION NATURAL GAS TERMINALS.

  (a) Scope of Natural Gas Act.--Section 1(b) of the Natural Gas Act 
(15 U.S.C. 717(b)) is amended by inserting ``and to the importation or 
exportation of natural gas in foreign commerce and to persons engaged 
in such importation or exportation,'' after ``such transportation or 
sale,''.
  (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) is 
amended by adding at the end the following new paragraph:
          ``(11) `Liquefaction or gasification natural gas terminal' 
        includes all facilities located onshore or in State waters that 
        are used to receive, unload, load, store, transport, gasify, 
        liquefy, or process natural gas that is imported to the United 
        States from a foreign country, exported to a foreign country 
        from the United States, or transported in interstate commerce 
        by waterborne tanker, but does not include--
                  ``(A) waterborne tankers used to deliver natural gas 
                to or from any such facility; or
                  ``(B) any pipeline or storage facility subject to the 
                jurisdiction of the Commission under section 7.''.
  (c) Authorization for Construction, Expansion, or Operation of 
Liquefaction or Gasification Natural Gas Terminals.--(1) The title for 
section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
inserting ``; liquefaction or gasification natural gas terminals'' 
after ``exportation or importation of natural gas''.
  (2) Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
adding at the end the following:
  ``(d) Authorization for Construction, Expansion, or Operation of 
Liquefaction or Gasification Natural Gas Terminals.--
          ``(1) Commission authorization required.--No person shall 
        construct, expand, or operate a liquefaction or gasification 
        natural gas terminal without an order from the Commission 
        authorizing such person to do so.
          ``(2) Authorization procedures.--
                  ``(A) Notice and hearing.--Upon the filing of any 
                application to construct, expand, or operate a 
                liquefaction or gasification natural gas terminal, the 
                Commission shall--
                          ``(i) set the matter for hearing;
                          ``(ii) give reasonable notice of the hearing 
                        to all interested persons, including the State 
                        commission of the State in which the 
                        liquefaction or gasification natural gas 
                        terminal is located;
                          ``(iii) decide the matter in accordance with 
                        this subsection; and
                          ``(iv) issue or deny the appropriate order 
                        accordingly.
                  ``(B) Designation as lead agency.--
                          ``(i) In general.--The Commission shall act 
                        as the lead agency for the purposes of 
                        coordinating all applicable Federal 
                        authorizations and for the purposes of 
                        complying with the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4312 et seq.) for 
                        a liquefaction or gasification natural gas 
                        terminal.
                          ``(ii) Other agencies.--Each Federal agency 
                        considering an aspect of the construction, 
                        expansion, or operation of a liquefaction or 
                        gasification natural gas terminal shall 
                        cooperate with the Commission and comply with 
                        the deadlines established by the Commission.
                  ``(C) Schedule.--
                          ``(i) Commission authority to set schedule.--
                        The Commission shall establish a schedule for 
                        all Federal and State administrative 
                        proceedings required under authority of Federal 
                        law to construct, expand, or operate a 
                        liquefaction or gasification natural gas 
                        terminal. In establishing the schedule, the 
                        Commission shall--
                                  ``(I) ensure expeditious completion 
                                of all such proceedings; and
                                  ``(II) accommodate the applicable 
                                schedules established by Federal law 
                                for such proceedings.
                          ``(ii) Failure to meet schedule.--If a 
                        Federal or State administrative agency does not 
                        complete a proceeding for an approval that is 
                        required before a person may construct, expand, 
                        or operate the liquefaction or gasification 
                        natural gas terminal, in accordance with the 
                        schedule established by the Commission under 
                        this subparagraph, and if--
                                  ``(I) a determination has been made 
                                by the Court pursuant to section 19(d) 
                                that such delay is unreasonable; and
                                  ``(II) the agency has failed to act 
                                on any remand by the Court within the 
                                deadline set by the Court,
                        that approval may be conclusively presumed by 
                        the Commission.
                  ``(D) Exclusive record.--The Commission shall, with 
                the cooperation of Federal and State administrative 
                agencies and officials, maintain a complete 
                consolidated record of all decisions made or actions 
                taken by the Commission or by a Federal administrative 
                agency or officer (or State administrative agency or 
                officer acting under delegated Federal authority) with 
                respect to the construction, expansion, or operation of 
                a liquefaction or gasification natural gas terminal. 
                Such record shall be the exclusive record for any 
                Federal administrative proceeding that is an appeal or 
                review of any such decision made or action taken.
                  ``(E) State and local safety considerations.--
                          ``(i) In general.--The Commission shall 
                        consult with the State commission of the State 
                        in which the liquefaction or gasification 
                        natural gas terminal is located regarding State 
                        and local safety considerations prior to 
                        issuing an order pursuant to this subsection 
                        and consistent with the schedule established 
                        under subparagraph (C).
                          ``(ii) State safety inspections.--The State 
                        commission of the State in which a liquefaction 
                        or gasification natural gas terminal is located 
                        may, after the terminal is operational, conduct 
                        safety inspections with respect to the 
                        liquefaction or gasification natural gas 
                        terminal if--
                                  ``(I) the State commission provides 
                                written notice to the Commission of its 
                                intention to do so; and
                                  ``(II) the inspections will be 
                                carried out in conformance with Federal 
                                regulations and guidelines.
                        Enforcement of any safety violation discovered 
                        by a State commission pursuant to this clause 
                        shall be carried out by Federal officials. The 
                        Commission shall take appropriate action in 
                        response to a report of a violation not later 
                        that 90 days after receiving such report.
                          ``(iii) State and local safety 
                        considerations.--For the purposes of this 
                        subparagraph, State and local safety 
                        considerations include--
                                  ``(I) the kind and use of the 
                                facility;
                                  ``(II) the existing and projected 
                                population and demographic 
                                characteristics of the location;
                                  ``(III) the existing and proposed 
                                land use near the location;
                                  ``(IV) the natural and physical 
                                aspects of the location;
                                  ``(V) the medical, law enforcement, 
                                and fire prevention capabilities near 
                                the location that can respond at the 
                                facility; and
                                  ``(VI) the feasibility of remote 
                                siting.
          ``(3) Issuance of commission order.--
                  ``(A) In general.--The Commission shall issue an 
                order authorizing, in whole or in part, the 
                construction, expansion, or operation covered by the 
                application to any qualified applicant--
                          ``(i) unless the Commission finds such 
                        actions or operations will not be consistent 
                        with the public interest; and
                          ``(ii) if the Commission has found that the 
                        applicant is--
                                  ``(I) able and willing to carry out 
                                the actions and operations proposed; 
                                and
                                  ``(II) willing to conform to the 
                                provisions of this Act and any 
                                requirements, rules, and regulations of 
                                the Commission set forth under this 
                                Act.
                  ``(B) Terms and conditions.--The Commission may by 
                its order grant an application, in whole or in part, 
                with such modification and upon such terms and 
                conditions as the Commission may find necessary or 
                appropriate.
                  ``(C) Limitations on terms and conditions to 
                commission order.--
                          ``(i) In general.--Any Commission order 
                        issued pursuant to this subsection before 
                        January 1, 2011, shall not be conditioned on--
                                  ``(I) a requirement that the 
                                liquefaction or gasification natural 
                                gas terminal offer service to persons 
                                other than the person, or any affiliate 
                                thereof, securing the order; or
                                  ``(II) any regulation of the 
                                liquefaction or gasification natural 
                                gas terminal's rates, charges, terms, 
                                or conditions of service.
                          ``(ii) Inapplicable to terminal exit 
                        pipeline.--Clause (i) shall not apply to any 
                        pipeline subject to the jurisdiction of the 
                        Commission under section 7 exiting a 
                        liquefaction or gasification natural gas 
                        terminal.
                          ``(iii) Expansion of regulated terminal.--An 
                        order issued under this paragraph that relates 
                        to an expansion of an existing liquefaction or 
                        gasification natural gas terminal, where any 
                        portion of the existing terminal continues to 
                        be subject to Commission regulation of rates, 
                        charges, terms, or conditions of service, may 
                        not result in--
                                  ``(I) subsidization of the expansion 
                                by regulated terminal users;
                                  ``(II) degradation of service to the 
                                regulated terminal users; or
                                  ``(III) undue discrimination against 
                                the regulated terminal users.
                          ``(iv) Expiration.--This subparagraph shall 
                        cease to have effect on January 1, 2021.
          ``(4) Definition.--For the purposes of this subsection, the 
        term `Federal authorization' means any authorization required 
        under Federal law in order to construct, expand, or operate a 
        liquefaction or gasification natural gas terminal, including 
        such permits, special use authorizations, certifications, 
        opinions, or other approvals as may be required, whether issued 
        by a Federal or State agency.''.
  (d) Judicial Review.--Section 19 of the Natural Gas Act (15 U.S.C. 
717r) is amended by adding at the end the following:
  ``(d) Judicial Review.--
          ``(1) In general.--The United States Court of Appeals for the 
        District of Columbia Circuit shall have original and exclusive 
        jurisdiction over any civil action--
                  ``(A) for review of any order, action, or failure to 
                act of any Federal or State administrative agency to 
                issue, condition, or deny any permit, license, 
                concurrence, or approval required under Federal law for 
                the construction, expansion, or operation of a 
                liquefaction or gasification natural gas terminal;
                  ``(B) alleging unreasonable delay, in meeting a 
                schedule established under section 3(d)(2)(C) or 
                otherwise, by any Federal or State administrative 
                agency in entering an order or taking other action 
                described in subparagraph (A); or
                  ``(C) challenging any decision made or action taken 
                by the Commission under section 3(d).
          ``(2) Commission action.--For any action described in this 
        subsection, the Commission shall file with the Court the 
        consolidated record maintained under section 3(d)(2)(D).
          ``(3) Court action.--If the Court finds under paragraph 
        (1)(A) or (B) that an order, action, failure to act, or delay 
        is inconsistent with applicable Federal law, and would prevent 
        the construction, expansion, or operation of a liquefaction or 
        gasification natural gas terminal, the order or action shall be 
        deemed to have been issued or taken, subject to any conditions 
        established by the Federal or State administrative agency upon 
        remand from the Court, such conditions to be consistent with 
        the order of the Court. If the Court remands the order or 
        action to the Federal or State agency, the Court shall set a 
        reasonable deadline for the agency to act on remand.
          ``(4) Unreasonable delay.--For the purposes of paragraph 
        (1)(B), the failure of an agency to issue a permit, license, 
        concurrence, or approval within the later of--
                  ``(A) 1 year after the date of filing of an 
                application for the permit, license, concurrence, or 
                approval; or
                  ``(B) 60 days after the date of issuance of the order 
                under section 3(d),
        shall be considered unreasonable delay unless the Court, for 
        good cause shown, determines otherwise.
          ``(5) Expedited review.--The Court shall set any action 
        brought under this subsection for expedited consideration.''.

SEC. 327. HYDRAULIC FRACTURING.

  Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 
U.S.C. 300h(d)) is amended to read as follows:
          ``(1) Underground injection.--The term `underground 
        injection'--
                  ``(A) means the subsurface emplacement of fluids by 
                well injection; and
                  ``(B) excludes--
                          ``(i) the underground injection of natural 
                        gas for purposes of storage; and
                          ``(ii) the underground injection of fluids or 
                        propping agents pursuant to hydraulic 
                        fracturing operations related to oil or gas 
                        production activities.''.

SEC. 330. APPEALS RELATING TO PIPELINE CONSTRUCTION OR OFFSHORE MINERAL 
                    DEVELOPMENT PROJECTS.

  (a) Agency of Record, Pipeline Construction Projects.--Any Federal 
administrative agency proceeding that is an appeal or review under 
section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465), as amended by this Act, related to Federal authority for an 
interstate natural gas pipeline construction project, including 
construction of natural gas storage and liquefied natural gas 
facilities, shall use as its exclusive record for all purposes the 
record compiled by the Federal Energy Regulatory Commission pursuant to 
the Commission's proceeding under sections 3 and 7 of the Natural Gas 
Act (15 U.S.C. 717b, 717f).
  (b) Sense of Congress.--It is the sense of Congress that all Federal 
and State agencies with jurisdiction over interstate natural gas 
pipeline construction activities should coordinate their proceedings 
within the timeframes established by the Federal Energy Regulatory 
Commission when the Commission is acting under sections 3 and 7 of the 
Natural Gas Act (15 U.S.C. 717b, 717f) to determine whether a 
certificate of public convenience and necessity should be issued for a 
proposed interstate natural gas pipeline.
  (c) Agency of Record, Offshore Mineral Development Projects.--Any 
Federal administrative agency proceeding that is an appeal or review 
under section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465), as amended by this Act, related to Federal authority for the 
permitting, approval, or other authorization of energy projects, 
including projects to explore, develop, or produce mineral resources in 
or underlying the outer Continental Shelf shall use as its exclusive 
record for all purposes (except for the filing of pleadings) the record 
compiled by the relevant Federal permitting agency.

SEC. 333. NATURAL GAS MARKET TRANSPARENCY.

  The Natural Gas Act (15 U.S.C 717 et seq.) is amended--
          (1) by redesignating section 24 as section 25; and
          (2) by inserting after section 23 the following:

``SEC. 24. NATURAL GAS MARKET TRANSPARENCY.

  ``(a) Authorization.--(1) Not later than 180 days after the date of 
enactment of the Energy Policy Act of 2005, the Federal Energy 
Regulatory Commission shall issue rules directing all entities subject 
to the Commission's jurisdiction as provided under this Act to timely 
report information about the availability and prices of natural gas 
sold at wholesale in interstate commerce to the Commission and price 
publishers.
  ``(2) The Commission shall evaluate the data for adequate price 
transparency and accuracy.
  ``(3) Rules issued under this subsection requiring the reporting of 
information to the Commission that may become publicly available shall 
be limited to aggregate data and transaction-specific data that are 
otherwise required by the Commission to be made public.
  ``(4) In exercising its authority under this section, the Commission 
shall not--
          ``(A) compete with, or displace from the market place, any 
        price publisher; or
          ``(B) regulate price publishers or impose any requirements on 
        the publication of information.
  ``(b) Timely Enforcement.--No person shall be subject to any penalty 
under this section with respect to a violation occurring more than 3 
years before the date on which the Federal Energy Regulatory Commission 
seeks to assess a penalty.
  ``(c) Limitation on Commission Authority.--(1) The Commission shall 
not condition access to interstate pipeline transportation upon the 
reporting requirements authorized under this section.
  ``(2) Natural gas sales by a producer that are attributable to 
volumes of natural gas produced by such producer shall not be subject 
to the rules issued pursuant to this section.
  ``(3) The Commission shall not require natural gas producers, 
processors, or users who have a de minimis market presence to 
participate in the reporting requirements provided in this section.''.

                   Subtitle C--Access to Federal Land

SEC. 344. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of the Interior and the Secretary of 
Agriculture shall enter into a memorandum of understanding regarding 
oil and gas leasing on--
          (1) public lands under the jurisdiction of the Secretary of 
        the Interior; and
          (2) National Forest System lands under the jurisdiction of 
        the Secretary of Agriculture.
  (b) Contents.--The memorandum of understanding shall include 
provisions that--
          (1) establish administrative procedures and lines of 
        authority that ensure timely processing of oil and gas lease 
        applications, surface use plans of operation, and applications 
        for permits to drill, including steps for processing surface 
        use plans and applications for permits to drill consistent with 
        the timelines established by the amendment made by section 348;
          (2) eliminate duplication of effort by providing for 
        coordination of planning and environmental compliance efforts; 
        and
          (3) ensure that lease stipulations are--
                  (A) applied consistently;
                  (B) coordinated between agencies; and
                  (C) only as restrictive as necessary to protect the 
                resource for which the stipulations are applied.
  (c) Data Retrieval System.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Interior and the 
        Secretary of Agriculture shall establish a joint data retrieval 
        system that is capable of--
                  (A) tracking applications and formal requests made in 
                accordance with procedures of the Federal onshore oil 
                and gas leasing program; and
                  (B) providing information regarding the status of the 
                applications and requests within the Department of the 
                Interior and the Department of Agriculture.
          (2) Resource mapping.--Not later than 2 years after the date 
        of enactment of this Act, the Secretary of the Interior and the 
        Secretary of Agriculture shall establish a joint Geographic 
        Information System mapping system for use in--
                  (A) tracking surface resource values to aid in 
                resource management; and
                  (B) processing surface use plans of operation and 
                applications for permits to drill.

SEC. 346. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING 
                    REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY 
                    SUPPLY, DISTRIBUTION, OR USE.

  (a) Requirement.--The head of each Federal agency shall require that 
before the Federal agency takes any action that could have a 
significant adverse effect on the supply of domestic energy resources 
from Federal public land, the Federal agency taking the action shall 
comply with Executive Order No. 13211 (42 U.S.C. 13201 note).
  (b) Guidance.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall publish guidance for purposes 
of this section describing what constitutes a significant adverse 
effect on the supply of domestic energy resources under Executive Order 
No. 13211 (42 U.S.C. 13201 note).
  (c) Memorandum of Understanding.--The Secretary of the Interior and 
the Secretary of Agriculture shall include in the memorandum of 
understanding under section 344 provisions for implementing subsection 
(a) of this section.

SEC. 350. ENERGY FACILITY RIGHTS-OF-WAY AND CORRIDORS ON FEDERAL LAND.

  (a) Report to Congress.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Agriculture and the 
        Secretary of the Interior, in consultation with the Secretary 
        of Commerce, the Secretary of Defense, the Secretary of Energy, 
        and the Federal Energy Regulatory Commission, shall submit to 
        Congress a joint report--
                  (A) that addresses--
                          (i) the location of existing rights-of-way 
                        and designated and de facto corridors for oil 
                        and gas pipelines and electric transmission and 
                        distribution facilities on Federal land; and
                          (ii) opportunities for additional oil and gas 
                        pipeline and electric transmission capacity 
                        within those rights-of-way and corridors; and
                  (B) that includes a plan for making available, on 
                request, to the appropriate Federal, State, and local 
                agencies, tribal governments, and other persons 
                involved in the siting of oil and gas pipelines and 
                electricity transmission facilities Geographic 
                Information System-based information regarding the 
                location of the existing rights-of-way and corridors 
                and any planned rights-of-way and corridors.
          (2) Consultations and considerations.--In preparing the 
        report, the Secretary of the Interior and the Secretary of 
        Agriculture shall consult with--
                  (A) other agencies of Federal, State, tribal, or 
                local units of government, as appropriate;
                  (B) persons involved in the siting of oil and gas 
                pipelines and electric transmission facilities; and
                  (C) other interested members of the public.
          (3) Limitation.--The Secretary of the Interior and the 
        Secretary of Agriculture shall limit the distribution of the 
        report and Geographic Information System-based information 
        referred to in paragraph (1) as necessary for national and 
        infrastructure security reasons, if either Secretary determines 
        that the information may be withheld from public disclosure 
        under a national security or other exception under section 
        552(b) of title 5, United States Code.
  (b) Corridor Designations.--
          (1) 11 contiguous western states.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary of 
        Agriculture, the Secretary of Commerce, the Secretary of 
        Defense, the Secretary of Energy, and the Secretary of the 
        Interior, in consultation with the Federal Energy Regulatory 
        Commission and the affected utility industries, shall jointly--
                  (A) designate, under title V of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1761 et 
                seq.) and other applicable Federal laws, corridors for 
                oil and gas pipelines and electricity transmission and 
                facilities on Federal land in the eleven contiguous 
                Western States (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702));
                  (B) perform any environmental reviews that may be 
                required to complete the designations of corridors for 
                the facilities on Federal land in the eleven contiguous 
                Western States; and
                  (C) incorporate the designated corridors into--
                          (i) the relevant departmental and agency land 
                        use and resource management plans; or
                          (ii) equivalent plans.
          (2) Other states.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary of Agriculture, the 
        Secretary of Commerce, the Secretary of Defense, the Secretary 
        of Energy, and the Secretary of the Interior, in consultation 
        with the Federal Energy Regulatory Commission and the affected 
        utility industries, shall jointly--
                  (A) identify corridors for oil and gas pipelines and 
                electricity transmission and distribution facilities on 
                Federal land in the States other than those described 
                in paragraph (1); and
                  (B) schedule prompt action to identify, designate, 
                and incorporate the corridors into the land use plan.
          (3) Ongoing responsibilities.--The Secretary of Agriculture, 
        the Secretary of Commerce, the Secretary of Defense, the 
        Secretary of Energy, and the Secretary of the Interior, with 
        respect to lands under their respective jurisdictions, in 
        consultation with the Federal Energy Regulatory Commission and 
        the affected utility industries, shall establish procedures 
        that--
                  (A) ensure that additional corridors for oil and gas 
                pipelines and electricity transmission and distribution 
                facilities on Federal land are promptly identified and 
                designated; and
                  (B) expedite applications to construct or modify oil 
                and gas pipelines and electricity transmission and 
                distribution facilities within the corridors, taking 
                into account prior analyses and environmental reviews 
                undertaken during the designation of corridors.
  (c) Considerations.--In carrying out this section, the Secretaries 
shall take into account the need for upgraded and new electricity 
transmission and distribution facilities to--
          (1) improve reliability;
          (2) relieve congestion; and
          (3) enhance the capability of the national grid to deliver 
        electricity.
  (d) Definition of Corridor.--
          (1) In general.--In this section and title V of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1761 et 
        seq.), the term ``corridor'' means--
                  (A) a linear strip of land--
                          (i) with a width determined with 
                        consideration given to technological, 
                        environmental, and topographical factors; and
                          (ii) that contains, or may in the future 
                        contain, 1 or more utility, communication, or 
                        transportation facilities;
                  (B) a land use designation that is established--
                          (i) by law;
                          (ii) by Secretarial Order;
                          (iii) through the land use planning process; 
                        or
                          (iv) by other management decision; and
                  (C) a designation made for the purpose of 
                establishing the preferred location of compatible 
                linear facilities and land uses.
          (2) Specifications of corridor.--On designation of a corridor 
        under this section, the centerline, width, and compatible uses 
        of a corridor shall be specified.

SEC. 355. ENCOURAGING GREAT LAKES OIL AND GAS DRILLING BAN.

  Congress encourages no Federal or State permit or lease to be issued 
for new oil and gas slant, directional, or offshore drilling in or 
under one or more of the Great Lakes.

SEC. 358. FEDERAL COALBED METHANE REGULATION.

  Any State currently on the list of Affected States established under 
section 1339(b) of the Energy Policy Act of 1992 (42 U.S.C. 13368(b)) 
shall be removed from the list if, not later than 3 years after the 
date of enactment of this Act, the State takes, or prior to the date of 
enactment has taken, any of the actions required for removal from the 
list under such section 1339(b).

                  Subtitle D--Refining Revitalization

SEC. 371. SHORT TITLE.

  This subtitle may be cited as the ``United States Refinery 
Revitalization Act of 2005''.

SEC. 372. FINDINGS.

  Congress finds the following:
          (1) It serves the national interest to increase petroleum 
        refining capacity for gasoline, heating oil, diesel fuel, jet 
        fuel, kerosene, and petrochemical feedstocks wherever located 
        within the United States, to bring more supply to the markets 
        for use by the American people. Nearly 50 percent of the 
        petroleum in the United States is used for the production of 
        gasoline. Refined petroleum products have a significant impact 
        on interstate commerce.
          (2) United States demand for refined petroleum products 
        currently exceeds the country's petroleum refining capacity to 
        produce such products. By 2025, United States gasoline 
        consumption is projected to rise from 8,900,000 barrels per day 
        to 12,900,000 barrels per day. Diesel fuel and home heating oil 
        are becoming larger components of an increasing demand for 
        refined petroleum supply. With the increase in air travel, jet 
        fuel consumption is projected to be 789,000 barrels per day 
        higher in 2025 than today.
          (3) The petroleum refining industry is operating at 95 
        percent of capacity. The United States is currently importing 5 
        percent of its refined petroleum products and because of the 
        stringent United States gasoline and diesel fuel 
        specifications, few foreign refiners can produce the clean 
        fuels required in the United States and the number of foreign 
        suppliers that can produce United States quality gasoline is 
        decreasing.
          (4) Refiners are subject to significant environmental and 
        other regulations and face several new Clean Air Act 
        requirements over the next decade. New Clean Air Act 
        requirements will benefit the environment but will also require 
        substantial capital investment and additional government 
        permits.
          (5) No new refinery has been built in the United States since 
        1976 and many smaller domestic refineries have become idle 
        since the removal of the Domestic Crude Oil Allocation Program 
        and because of regulatory uncertainty and generally low returns 
        on capital employed. Today, the United States has 149 
        refineries, down from 324 in 1981. Restoration of recently 
        idled refineries alone would amount to 483,570 barrels a day in 
        additional capacity, or approximately 3.3 percent of the total 
        operating capacity.
          (6) Refiners have met growing demand by increasing the use of 
        existing equipment and increasing the efficiency and capacity 
        of existing plants. But refining capacity has begun to lag 
        behind peak summer demand.
          (7) Heavy industry and manufacturing jobs have closed or 
        relocated due to barriers to investment, burdensome regulation, 
        and high costs of operation, among other reasons.
          (8) Because the production and disruption in supply of 
        refined petroleum products has a significant impact on 
        interstate commerce, it serves the national interest to 
        increase the domestic refining operating capacity.
          (10) More regulatory certainty for refinery owners is needed 
        to stimulate investment in increased refinery capacity and 
        required procedures for Federal, State, and local regulatory 
        approvals need to be streamlined to ensure that increased 
        refinery capacity can be developed and operated in a safe, 
        timely, and cost-effective manner.
          (11) The proposed Yuma Arizona Refinery, a grassroots 
        refinery facility, which only recently received its Federal air 
        quality permit after 5 years under the current regulatory 
        process, and is just now beginning its environmental impact 
        statement and local permitting process, serves as an example of 
        the obstacles a refiner would have to overcome to reopen an 
        idle refinery.

SEC. 373. PURPOSE.

  The purpose of this subtitle is to encourage the expansion of the 
United States refining capacity by providing an accelerated review and 
approval process of all regulatory approvals for certain idle 
refineries and lending corresponding legal and technical assistance to 
States with resources that may be inadequate to meet such permit review 
demands.

SEC. 374. DESIGNATION OF REFINERY REVITALIZATION ZONES.

  Not later than 90 days after the date of enactment of this Act, the 
Secretary shall designate as a Refinery Revitalization Zone any area--
          (1) that--
                  (A) has experienced mass layoffs at manufacturing 
                facilities, as determined by the Secretary of Labor; or
                  (B) contains an idle refinery; and
          (2) that has an unemployment rate that exceeds the national 
        average by at least 10 percent of the national average, as set 
        by the Department of Labor, Bureau of Labor Statistics, at the 
        time of the designation as a Refinery Revitalization Zone.

SEC. 375. MEMORANDUM OF UNDERSTANDING.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall enter into a memorandum of 
understanding with the Administrator for the purposes of this subtitle. 
The Secretary and the Administrator shall each designate a senior 
official responsible for, and dedicate sufficient other staff and 
resources to ensure, full implementation of the purposes of this 
subtitle and any regulations enacted pursuant to this subtitle.
  (b) Additional Signatories.--The Governor of any State, and the 
appropriate representative of any Indian Tribe, with jurisdiction over 
a Refinery Revitalization Zone, as designated by the Secretary pursuant 
to section 374, may be signatories to the memorandum of understanding 
under this section.

SEC. 376. STATE ENVIRONMENTAL PERMITTING ASSISTANCE.

  Not later than 30 days after a Revitalization Program Qualifying 
State becomes a signatory to the memorandum of understanding under 
section 375(b)--
          (1) the Secretary shall designate one or more employees of 
        the Department with expertise relating to the siting and 
        operation of refineries to provide legal and technical 
        assistance to that Revitalization Program Qualifying State; and
          (2) the Administrator shall designate, to provide legal and 
        technical assistance for that Revitalization Program Qualifying 
        State, one or more employees of the Environmental Protection 
        Agency with expertise on regulatory issues, relating to the 
        siting and operation of refineries, with respect to each of--
                  (A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                  (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                  (C) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                  (D) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                  (E) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                  (F) the Toxic Substances Control Act (15 U.S.C. 2601 
                et seq.);
                  (G) the National Historic Preservation Act (16 U.S.C. 
                470 et seq.); and
                  (H) the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).

SEC. 377. COORDINATION AND EXPEDITIOUS REVIEW OF PERMITTING PROCESS.

  (a) Department of Energy as Lead Agency.--Upon written request of a 
prospective applicant for Federal authorization for a refinery facility 
in a Refinery Revitalization Zone, the Department shall act as the lead 
Federal agency for the purposes of coordinating all applicable Federal 
authorizations and environmental reviews of the refining facility. To 
the maximum extent practicable under applicable Federal law, the 
Secretary shall coordinate this Federal authorization and review 
process with any Indian Tribes and State and local agencies responsible 
for conducting any separate permitting and environmental reviews of the 
refining facility.
  (b) Schedule.--
          (1) In general.--The Secretary, in coordination with the 
        agencies with authority over Federal authorizations and, as 
        appropriate, with Indian Tribes and State and local agencies 
        that are willing to coordinate their separate permitting and 
        environmental reviews with the Federal authorizations and 
        environmental reviews, shall establish a schedule with prompt 
        and binding intermediate and ultimate deadlines for the review 
        of, and Federal authorization decisions relating to, refinery 
        facility siting and operation.
          (2) Preapplication process.--Prior to establishing the 
        schedule, the Secretary shall provide an expeditious 
        preapplication mechanism for applicants to confer with the 
        agencies involved and to have each agency communicate to the 
        prospective applicant within 60 days concerning--
                  (A) the likelihood of approval for a potential 
                refinery facility; and
                  (B) key issues of concern to the agencies and local 
                community.
          (3) Schedule.--The Secretary shall consider the 
        preapplication findings under paragraph (2) in setting the 
        schedule and shall ensure that once an application has been 
        submitted with such information as the Secretary considers 
        necessary, all permit decisions and related environmental 
        reviews under all applicable Federal laws shall be completed 
        within 6 months or, where circumstances require otherwise, as 
        soon as thereafter practicable.
  (c) Consolidated Environmental Review.--
          (1) Lead agency.--In carrying out its role as the lead 
        Federal agency for environmental review, the Department shall 
        coordinate all applicable Federal actions for complying with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) and shall be responsible for preparing any 
        environmental impact statement required by section 102(2)(C) of 
        that Act (42 U.S.C. 4332(2)(C)) or such other form of 
        environmental review as is required.
          (2) Consolidation of statements.--In carrying out paragraph 
        (1), if the Department determines an environmental impact 
        statement is required, the Department shall prepare a single 
        environmental impact statement, which shall consolidate the 
        environmental reviews of all Federal agencies considering any 
        aspect of the project covered by the environmental impact 
        statement.
  (d) Other Agencies.--Each Federal agency considering an aspect of the 
siting or operation of a refinery facility in a Refinery Revitalization 
Zone shall cooperate with the Department and comply with the deadlines 
established by the Department in the preparation of any environmental 
impact statement or such other form of review as is required.
  (e) Exclusive Record.--The Department shall, with the cooperation of 
Federal and State administrative agencies and officials, maintain a 
complete consolidated record of all decisions made or actions taken by 
the Department or by a Federal administrative agency or officer (or 
State administrative agency or officer acting under delegated Federal 
authority) with respect to the siting or operation of a refinery 
facility in a Refinery Revitalization Zone. Such record shall be the 
exclusive record for any Federal administrative proceeding that is an 
appeal or review of any such decision made or action taken.
  (f) Appeals.--In the event any agency has denied a Federal 
authorization required for a refinery facility in a Refinery 
Revitalization Zone, or has failed to act by a deadline established by 
the Secretary pursuant to subsection (b) for deciding whether to issue 
the Federal authorization, the applicant or any State in which the 
refinery facility would be located may file an appeal with the 
Secretary. Based on the record maintained under subsection (e), and in 
consultation with the affected agency, the Secretary may then either 
issue the necessary Federal authorization with appropriate conditions, 
or deny the appeal. The Secretary shall issue a decision within 60 days 
after the filing of the appeal. In making a decision under this 
subsection, the Secretary shall comply with applicable requirements of 
Federal law, including each of the laws referred to in section 
376(2)(A) through (H). Any judicial appeal of the Secretary's decision 
shall be to the United States Court of Appeals for the District of 
Columbia.
  (g) Conforming Regulations.--Not later than 6 months after the date 
of enactment of this Act, the Secretary shall issue any regulations 
necessary to implement this subtitle.

SEC. 378. COMPLIANCE WITH ALL ENVIRONMENTAL REGULATIONS REQUIRED.

  Nothing in this subtitle shall be construed to waive the 
applicability of environmental laws and regulations to any refinery 
facility.

SEC. 379. DEFINITIONS.

  For the purposes of this subtitle, the term--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
          (2) ``Department'' means the Department of Energy;
          (3) ``Federal authorization'' means any authorization 
        required under Federal law (including the Clean Air Act, the 
        Federal Water Pollution Control Act, the Safe Drinking Water 
        Act, the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980, the Solid Waste Disposal Act, the 
        Toxic Substances Control Act, the National Historic 
        Preservation Act, and the National Environmental Policy Act of 
        1969) in order to site, construct, upgrade, or operate a 
        refinery facility within a Refinery Revitalization Zone, 
        including such permits, special use authorizations, 
        certifications, opinions, or other approvals as may be 
        required, whether issued by a Federal, State, or local agency;
          (4) ``idle refinery'' means any real property site that has 
        been used at any time for a refinery facility since December 
        31, 1979, that has not been in operation after April 1, 2005;
          (5) ``refinery facility'' means any facility designed and 
        operated to receive, unload, store, process and refine raw 
        crude oil by any chemical or physical process, including 
        distillation, fluid catalytic cracking, hydrocracking, coking, 
        alkylation, etherification, polymerization, catalytic 
        reforming, isomerization, hydrotreating, blending, and any 
        combination thereof;
          (6) ``Revitalization Program Qualifying State'' means a State 
        or Indian Tribe that--
                  (A) has entered into the memorandum of understanding 
                pursuant to section 375(b); and
                  (B) has established a refining infrastructure 
                coordination office that the Secretary finds will 
                facilitate Federal-State cooperation for the purposes 
                of this subtitle; and
          (7) ``Secretary'' means the Secretary of Energy.

                             TITLE IV--COAL

                Subtitle A--Clean Coal Power Initiative

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

  (a) Clean Coal Power Initiative.--There are authorized to be 
appropriated to the Secretary of Energy (referred to in this title as 
the ``Secretary'') to carry out the activities authorized by this 
subtitle $200,000,000 for each of fiscal years 2006 through 2014, to 
remain available until expended.
  (b) Report.--The Secretary shall submit to Congress the report 
required by this subsection not later than March 31, 2007. The report 
shall include, with respect to subsection (a), a 10-year plan 
containing--
          (1) a detailed assessment of whether the aggregate funding 
        levels provided under subsection (a) are the appropriate 
        funding levels for that program;
          (2) a detailed description of how proposals will be solicited 
        and evaluated, including a list of all activities expected to 
        be undertaken;
          (3) a detailed list of technical milestones for each coal and 
        related technology that will be pursued; and
          (4) a detailed description of how the program will avoid 
        problems enumerated in General Accounting Office reports on the 
        Clean Coal Technology Program, including problems that have 
        resulted in unspent funds and projects that failed either 
        financially or scientifically.

SEC. 402. PROJECT CRITERIA.

  (a) In General.--The Secretary shall not provide funding under this 
subtitle for any project that does not advance efficiency, 
environmental performance, and cost competitiveness well beyond the 
level of technologies that are in commercial service or have been 
demonstrated on a scale that the Secretary determines is sufficient to 
demonstrate that commercial service is viable as of the date of 
enactment of this Act.
  (b) Technical Criteria for Clean Coal Power Initiative.--
          (1) Gasification projects.--
                  (A) In general.--In allocating the funds made 
                available under section 401(a), the Secretary shall 
                ensure that at least 60 percent of the funds are used 
                only for projects on coal-based gasification 
                technologies, including gasification combined cycle, 
                gasification fuel cells, gasification coproduction, and 
                hybrid gasification/combustion.
                  (B) Technical milestones.--The Secretary shall 
                periodically set technical milestones specifying the 
                emission and thermal efficiency levels that coal 
                gasification projects under this subtitle shall be 
                designed, and reasonably expected, to achieve. The 
                technical milestones shall become more restrictive 
                during the life of the program. The Secretary shall set 
                the periodic milestones so as to achieve by 2020 coal 
                gasification projects able--
                          (i) to remove 99 percent of sulfur dioxide;
                          (ii) to emit not more than .05 lbs of 
                        NOx per million Btu;
                          (iii) to achieve substantial reductions in 
                        mercury emissions; and
                          (iv) to achieve a thermal efficiency of--
                                  (I) 60 percent for coal of more than 
                                9,000 Btu;
                                  (II) 59 percent for coal of 7,000 to 
                                9,000 Btu; and
                                  (III) 50 percent for coal of less 
                                than 7,000 Btu.
          (2) Other projects.--The Secretary shall periodically set 
        technical milestones and ensure that up to 40 percent of the 
        funds appropriated pursuant to section 401(a) are used for 
        projects not described in paragraph (1). The milestones shall 
        specify the emission and thermal efficiency levels that 
        projects funded under this paragraph shall be designed to and 
        reasonably expected to achieve. The technical milestones shall 
        become more restrictive during the life of the program. The 
        Secretary shall set the periodic milestones so as to achieve by 
        2010 projects able--
                  (A) to remove 97 percent of sulfur dioxide;
                  (B) to emit no more than .08 lbs of NOx 
                per million Btu;
                  (C) to achieve substantial reductions in mercury 
                emissions; and
                  (D) to achieve a thermal efficiency of--
                          (i) 45 percent for coal of more than 9,000 
                        Btu;
                          (ii) 44 percent for coal of 7,000 to 9,000 
                        Btu; and
                          (iii) 40 percent for coal of less than 7,000 
                        Btu.
          (3) Consultation.--Before setting the technical milestones 
        under paragraphs (1)(B) and (2), the Secretary shall consult 
        with the Administrator of the Environmental Protection Agency 
        and interested entities, including coal producers, industries 
        using coal, organizations to promote coal or advanced coal 
        technologies, environmental organizations, and organizations 
        representing workers.
          (4) Existing units.--In the case of projects at units in 
        existence on the date of enactment of this Act, in lieu of the 
        thermal efficiency requirements set forth in paragraph 
        (1)(B)(iv) and (2)(D), the milestones shall be designed to 
        achieve an overall thermal design efficiency improvement, 
        compared to the efficiency of the unit as operated, of not less 
        than--
                  (A) 7 percent for coal of more than 9,000 Btu;
                  (B) 6 percent for coal of 7,000 to 9,000 Btu; or
                  (C) 4 percent for coal of less than 7,000 Btu.
          (5) Permitted uses.--In carrying out this subtitle, the 
        Secretary may fund projects that include, as part of the 
        project, the separation and capture of carbon dioxide. The 
        thermal efficiency goals of paragraphs (1), (2), and (4) shall 
        not apply for projects that separate and capture at least 50 
        percent of the facility's potential emissions of carbon 
        dioxide.
  (c) Financial Criteria.--The Secretary shall not provide a funding 
award under this subtitle unless the recipient documents 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 to enable the Secretary to ensure that the award 
        funds are spent efficiently and effectively; and
          (3) a market exists for the technology being demonstrated or 
        applied, as evidenced by statements of interest in writing from 
        potential purchasers of the technology.
  (d) Financial Assistance.--The Secretary shall provide financial 
assistance to projects that meet the requirements of subsections (a), 
(b), and (c) and are likely to--
          (1) achieve overall cost reductions in the utilization of 
        coal to generate useful forms of energy;
          (2) improve the competitiveness of coal among various forms 
        of energy in order to maintain a diversity of fuel choices in 
        the United States to meet electricity generation requirements; 
        and
          (3) demonstrate methods and equipment that are applicable to 
        25 percent of the electricity generating facilities, using 
        various types of coal, that use coal as the primary feedstock 
        as of the date of enactment of this Act.
  (e) Federal Share.--The Federal share of the cost of a coal or 
related technology project funded by the Secretary under this subtitle 
shall not exceed 50 percent.
  (f) Applicability.--No technology, or level of emission reduction, 
shall be treated as adequately demonstrated for purposes of section 111 
of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of 
section 169 of that Act (42 U.S.C. 7479), or achievable in practice for 
purposes of section 171 of that Act (42 U.S.C. 7501) solely by reason 
of the use of such technology, or the achievement of such emission 
reduction, by 1 or more facilities receiving assistance under this 
subtitle.

SEC. 403. REPORT.

  Not later than 1 year after the date of enactment of this Act, and 
once every 2 years thereafter through 2014, the Secretary, in 
consultation with other appropriate Federal agencies, shall submit to 
Congress a report describing--
          (1) the technical milestones set forth in section 402 and how 
        those milestones ensure progress toward meeting the 
        requirements of subsections (b)(1)(B) and (b)(2) of section 
        402; and
          (2) the status of projects funded under this subtitle.

SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE.

  As part of the program authorized in section 401, the Secretary shall 
award competitive, merit-based grants to universities for the 
establishment of Centers of Excellence for Energy Systems of the 
Future. The Secretary shall provide grants to universities that show 
the greatest potential for advancing new clean coal technologies.

                    Subtitle B--Clean Power Projects

SEC. 411. COAL TECHNOLOGY LOAN.

  There are authorized to be appropriated to the Secretary $125,000,000 
to provide a loan to the owner of the experimental plant constructed 
under United States Department of Energy cooperative agreement number 
DE-FC-22-91PC90544 on such terms and conditions as the Secretary 
determines, including interest rates and upfront payments.

SEC. 412. COAL GASIFICATION.

  The Secretary is authorized to provide loan guarantees for a project 
to produce energy from a plant using integrated gasification combined 
cycle technology of at least 400 megawatts in capacity that produces 
power at competitive rates in deregulated energy generation markets and 
that does not receive any subsidy (direct or indirect) from ratepayers.

SEC. 414. PETROLEUM COKE GASIFICATION.

  The Secretary is authorized to provide loan guarantees for at least 5 
petroleum coke gasification projects.

SEC. 416. ELECTRON SCRUBBING DEMONSTRATION.

  The Secretary shall use $5,000,000 from amounts appropriated to 
initiate, through the Chicago Operations Office, a project to 
demonstrate the viability of high-energy electron scrubbing technology 
on commercial-scale electrical generation using high-sulfur coal.

                 Subtitle D--Coal and Related Programs

SEC. 441. CLEAN AIR COAL PROGRAM.

  (a) Amendment.--The Energy Policy Act of 1992 is amended by adding 
the following new title at the end thereof:

                  ``TITLE XXXI--CLEAN AIR COAL PROGRAM

``SEC. 3101. FINDINGS; PURPOSES; DEFINITIONS.

  ``(a) Findings.--The Congress finds that--
          ``(1) new environmental regulations present additional 
        challenges for coal-fired electrical generation in the private 
        marketplace; and
          ``(2) the Department of Energy, in cooperation with industry, 
        has already fully developed and commercialized several new 
        clean-coal technologies that will allow the clean use of coal.
  ``(b) Purposes.--The purposes of this title are to--
          ``(1) promote national energy policy and energy security, 
        diversity, and economic competitiveness benefits that result 
        from the increased use of coal;
          ``(2) mitigate financial risks, reduce the cost, and increase 
        the marketplace acceptance of the new clean coal technologies; 
        and
          ``(3) advance the deployment of pollution control equipment 
        to meet the current and future obligations of coal-fired 
        generation units regulated under the Clean Air Act (42 U.S.C. 
        7402 and following).

``SEC. 3102. AUTHORIZATION OF PROGRAM.

  ``The Secretary shall carry out a program to facilitate production 
and generation of coal-based power and the installation of pollution 
control equipment.

``SEC. 3103. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) Pollution Control Projects.--There are authorized to be 
appropriated to the Secretary $300,000,000 for fiscal year 2006, 
$100,000,000 for fiscal year 2007, $40,000,000 for fiscal year 2008, 
$30,000,000 for fiscal year 2009, and $30,000,000 for fiscal year 2010, 
to remain available until expended, for carrying out the program for 
pollution control projects, which may include--
          ``(1) pollution control equipment and processes for the 
        control of mercury air emissions;
          ``(2) pollution control equipment and processes for the 
        control of nitrogen dioxide air emissions or sulfur dioxide 
        emissions;
          ``(3) pollution control equipment and processes for the 
        mitigation or collection of more than one pollutant;
          ``(4) advanced combustion technology for the control of at 
        least two pollutants, including mercury, particulate matter, 
        nitrogen oxides, and sulfur dioxide, which may also be designed 
        to improve the energy efficiency of the unit; and
          ``(5) advanced pollution control equipment and processes 
        designed to allow use of the waste byproducts or other 
        byproducts of the equipment or an electrical generation unit 
        designed to allow the use of byproducts.
Funds appropriated under this subsection which are not awarded before 
fiscal year 2012 may be applied to projects under subsection (b), in 
addition to amounts authorized under subsection (b).
  ``(b) Generation Projects.--There are authorized to be appropriated 
to the Secretary $250,000,000 for fiscal year 2007, $350,000,000 for 
fiscal year 2008, $400,000,000 for fiscal year 2009, $400,000,000 for 
fiscal year 2010, $400,000,000 for fiscal year 2011, $400,000,000 for 
fiscal year 2012, and $300,000,000 for fiscal year 2013, to remain 
available until expended, for generation projects and air pollution 
control projects. Such projects may include--
          ``(1) coal-based electrical generation equipment and 
        processes, including gasification combined cycle or other coal-
        based generation equipment and processes;
          ``(2) associated environmental control equipment, that will 
        be cost-effective and that is designed to meet anticipated 
        regulatory requirements;
          ``(3) coal-based electrical generation equipment and 
        processes, including gasification fuel cells, gasification 
        coproduction, and hybrid gasification/combustion projects; and
          ``(4) advanced coal-based electrical generation equipment and 
        processes, including oxidation combustion techniques, ultra-
        supercritical boilers, and chemical looping, which the 
        Secretary determines will be cost-effective and could 
        substantially contribute to meeting anticipated environmental 
        or energy needs.
  ``(c) Limitation.--Funds placed at risk during any fiscal year for 
Federal loans or loan guarantees pursuant to this title may not exceed 
30 percent of the total funds obligated under this title.

``SEC. 3104. AIR POLLUTION CONTROL PROJECT CRITERIA.

  ``The Secretary shall pursuant to authorizations contained in section 
3103 provide funding for air pollution control projects designed to 
facilitate compliance with Federal and State environmental regulations, 
including any regulation that may be established with respect to 
mercury.

``SEC. 3105. CRITERIA FOR GENERATION PROJECTS.

  ``(a) Criteria.--The Secretary shall establish criteria on which 
selection of individual projects described in section 3103(b) should be 
based. The Secretary may modify the criteria as appropriate to reflect 
improvements in equipment, except that the criteria shall not be 
modified to be less stringent. These selection criteria shall include--
          ``(1) prioritization of projects whose installation is likely 
        to result in significant air quality improvements in 
        nonattainment air quality areas;
          ``(2) prioritization of projects that result in the 
        repowering or replacement of older, less efficient units;
          ``(3) documented broad interest in the procurement of the 
        equipment and utilization of the processes used in the projects 
        by electrical generator owners or operators;
          ``(4) equipment and processes beginning in 2006 through 2011 
        that are projected to achieve an thermal efficiency of--
                  ``(A) 40 percent for coal of more than 9,000 Btu per 
                pound based on higher heating values;
                  ``(B) 38 percent for coal of 7,000 to 9,000 Btu per 
                pound based on higher heating values; and
                  ``(C) 36 percent for coal of less than 7,000 Btu per 
                pound based on higher heating values,
        except that energy used for coproduction or cogeneration shall 
        not be counted in calculating the thermal efficiency under this 
        paragraph; and
          ``(5) equipment and processes beginning in 2012 and 2013 that 
        are projected to achieve an thermal efficiency of--
                  ``(A) 45 percent for coal of more than 9,000 Btu per 
                pound based on higher heating values;
                  ``(B) 44 percent for coal of 7,000 to 9,000 Btu per 
                pound based on higher heating values; and
                  ``(C) 40 percent for coal of less than 7,000 Btu per 
                pound based on higher heating values,
        except that energy used for coproduction or cogeneration shall 
        not be counted in calculating the thermal efficiency under this 
        paragraph.
  ``(b) Selection.--(1) In selecting the projects, up to 25 percent of 
the projects selected may be either coproduction or cogeneration or 
other gasification projects, but at least 25 percent of the projects 
shall be for the sole purpose of electrical generation, and priority 
should be given to equipment and projects less than 600 MW to foster 
and promote standard designs.
  ``(2) The Secretary shall give priority to projects that have been 
developed and demonstrated that are not yet cost competitive, and for 
coal energy generation projects that advance efficiency, environmental 
performance, or cost competitiveness significantly beyond the level of 
pollution control equipment that is in operation on a full scale.

``SEC. 3106. FINANCIAL CRITERIA.

  ``(a) In General.--The Secretary shall only provide financial 
assistance to projects that meet the requirements of sections 3103 and 
3104 and are likely to--
          ``(1) achieve overall cost reductions in the utilization of 
        coal to generate useful forms of energy; and
          ``(2) improve the competitiveness of coal in order to 
        maintain a diversity of domestic fuel choices in the United 
        States to meet electricity generation requirements.
  ``(b) Conditions.--The Secretary shall not provide a funding award 
under this title unless--
          ``(1) the award recipient is financially viable without the 
        receipt of additional Federal funding; and
          ``(2) the recipient provides sufficient information to the 
        Secretary for the Secretary to ensure that the award funds are 
        spent efficiently and effectively.
  ``(c) Equal Access.--The Secretary shall, to the extent practical, 
utilize cooperative agreement, loan guarantee, and direct Federal loan 
mechanisms designed to ensure that all electrical generation owners 
have equal access to these technology deployment incentives. The 
Secretary shall develop and direct a competitive solicitation process 
for the selection of technologies and projects under this title.

``SEC. 3107. FEDERAL SHARE.

  ``The Federal share of the cost of a coal or related technology 
project funded by the Secretary under this title shall not exceed 50 
percent. For purposes of this title, Federal funding includes only 
appropriated funds.

``SEC. 3108. APPLICABILITY.

  ``No technology, or level of emission reduction, shall be treated as 
adequately demonstrated for purposes of section 111 of the Clean Air 
Act (42 U.S.C. 7411), achievable for purposes of section 169 of the 
Clean Air Act (42 U.S.C. 7479), or achievable in practice for purposes 
of section 171 of the Clean Air Act (42 U.S.C. 7501) solely by reason 
of the use of such technology, or the achievement of such emission 
reduction, by one or more facilities receiving assistance under this 
title.''.
  (b) Table of Contents Amendment.--The table of contents of the Energy 
Policy Act of 1992 is amended by adding at the end the following:

                  ``TITLE XXXI--CLEAN AIR COAL PROGRAM

``Sec. 3101. Findings; purposes; definitions.
``Sec. 3102. Authorization of program.
``Sec. 3103. Authorization of appropriations.
``Sec. 3104. Air pollution control project criteria.
``Sec. 3105. Criteria for generation projects.
``Sec. 3106. Financial criteria.
``Sec. 3107. Federal share.
``Sec. 3108. Applicability.''.

                         TITLE V--INDIAN ENERGY

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Indian Tribal Energy Development and 
Self-Determination Act of 2005''.

SEC. 502. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

  (a) In General.--Title II of the Department of Energy Organization 
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:
             ``office of indian energy policy and programs
  ``Sec. 217. (a) Establishment.--There is established within the 
Department an Office of Indian Energy Policy and Programs (referred to 
in this section as the `Office'). The Office shall be headed by a 
Director, who shall be appointed by the Secretary and compensated at a 
rate equal to that of level IV of the Executive Schedule under section 
5315 of title 5, United States Code.
  ``(b) Duties of Director.--The Director, in accordance with Federal 
policies promoting Indian self-determination and the purposes of this 
Act, shall provide, direct, foster, coordinate, and implement energy 
planning, education, management, conservation, and delivery programs of 
the Department that--
          ``(1) promote Indian tribal energy development, efficiency, 
        and use;
          ``(2) reduce or stabilize energy costs;
          ``(3) enhance and strengthen Indian tribal energy and 
        economic infrastructure relating to natural resource 
        development and electrification; and
          ``(4) bring electrical power and service to Indian land and 
        the homes of tribal members located on Indian lands or 
        acquired, constructed, or improved (in whole or in part) with 
        Federal funds.''.
  (b) Conforming Amendments.--
          (1) The table of contents of the Department of Energy 
        Organization Act (42 U.S.C. prec. 7101) is amended--
                  (A) in the item relating to section 209, by striking 
                ``Section'' and inserting ``Sec.''; and
                  (B) by striking the items relating to sections 213 
                through 216 and inserting the following:

``Sec. 213. Establishment of policy for National Nuclear Security 
Administration.
``Sec. 214. Establishment of security, counterintelligence, and 
intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs.''.

          (2) Section 5315 of title 5, United States Code, is amended 
        by inserting after ``Inspector General, Department of Energy.'' 
        the following:
                  ``Director, Office of Indian Energy Policy and 
                Programs, Department of Energy.''

Sec. 503. Indian energy

  (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended to read as follows:

                      ``TITLE XXVI--INDIAN ENERGY

``SEC. 2601. DEFINITIONS.

  ``For purposes of this title:
          ``(1) The term `Director' means the Director of the Office of 
        Indian Energy Policy and Programs, Department of Energy.
          ``(2) The term `Indian land' means--
                  ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria;
                  ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                          ``(i) in trust by the United States for the 
                        benefit of an Indian tribe or an individual 
                        Indian;
                          ``(ii) by an Indian tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                          ``(iii) by a dependent Indian community; and
                  ``(C) land that is owned by an Indian tribe and was 
                conveyed by the United States to a Native Corporation 
                pursuant to the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.), or that was conveyed by the 
                United States to a Native Corporation in exchange for 
                such land.
          ``(3) The term `Indian reservation' includes--
                  ``(A) an Indian reservation in existence in any State 
                or States as of the date of enactment of this 
                paragraph;
                  ``(B) a public domain Indian allotment; and
                  ``(C) a dependent Indian community located within the 
                borders of the United States, regardless of whether the 
                community is located--
                          ``(i) on original or acquired territory of 
                        the community; or
                          ``(ii) within or outside the boundaries of 
                        any particular State.
          ``(4) The term `Indian tribe' has the meaning given the term 
        in section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b), except that the term `Indian 
        tribe', for the purpose of paragraph (11) and sections 
        2603(b)(3) and 2604, shall not include any Native Corporation.
          ``(5) The term `integration of energy resources' means any 
        project or activity that promotes the location and operation of 
        a facility (including any pipeline, gathering system, 
        transportation system or facility, or electric transmission or 
        distribution facility) on or near Indian land to process, 
        refine, generate electricity from, or otherwise develop energy 
        resources on, Indian land.
          ``(6) The term `Native Corporation' has the meaning given the 
        term in section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602).
          ``(7) The term `organization' means a partnership, joint 
        venture, limited liability company, or other unincorporated 
        association or entity that is established to develop Indian 
        energy resources.
          ``(8) The term `Program' means the Indian energy resource 
        development program established under section 2602(a).
          ``(9) The term `Secretary' means the Secretary of the 
        Interior.
          ``(10) The term `tribal energy resource development 
        organization' means an organization of 2 or more entities, at 
        least 1 of which is an Indian tribe, that has the written 
        consent of the governing bodies of all Indian tribes 
        participating in the organization to apply for a grant, loan, 
        or other assistance authorized by section 2602.
          ``(11) The term `tribal land' means any land or interests in 
        land owned by any Indian tribe, title to which is held in trust 
        by the United States or which is subject to a restriction 
        against alienation under laws of the United States.

``SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

  ``(a) Department of the Interior Program.--
          ``(1) To assist Indian tribes in the development of energy 
        resources and further the goal of Indian self-determination, 
        the Secretary shall establish and implement an Indian energy 
        resource development program to assist consenting Indian tribes 
        and tribal energy resource development organizations in 
        achieving the purposes of this title.
          ``(2) In carrying out the Program, the Secretary shall--
                  ``(A) provide development grants to Indian tribes and 
                tribal energy resource development organizations for 
                use in developing or obtaining the managerial and 
                technical capacity needed to develop energy resources 
                on Indian land, and to properly account for resulting 
                energy production and revenues;
                  ``(B) provide grants to Indian tribes and tribal 
                energy resource development organizations for use in 
                carrying out projects to promote the integration of 
                energy resources, and to process, use, or develop those 
                energy resources, on Indian land; and
                  ``(C) provide low-interest loans to Indian tribes and 
                tribal energy resource development organizations for 
                use in the promotion of energy resource development on 
                Indian land and integration of energy resources.
          ``(3) There are authorized to be appropriated to carry out 
        this subsection such sums as are necessary for each of fiscal 
        years 2006 through 2016.
  ``(b) Department of Energy Indian Energy Education Planning and 
Management Assistance Program.--
          ``(1) The Director shall establish programs to assist 
        consenting Indian tribes in meeting energy education, research 
        and development, planning, and management needs.
          ``(2) In carrying out this subsection, the Director may 
        provide grants, on a competitive basis, to an Indian tribe or 
        tribal energy resource development organization for use in 
        carrying out--
                  ``(A) energy, energy efficiency, and energy 
                conservation programs;
                  ``(B) studies and other activities supporting tribal 
                acquisitions of energy supplies, services, and 
                facilities;
                  ``(C) planning, construction, development, operation, 
                maintenance, and improvement of tribal electrical 
                generation, transmission, and distribution facilities 
                located on Indian land; and
                  ``(D) development, construction, and interconnection 
                of electric power transmission facilities located on 
                Indian land with other electric transmission 
                facilities.
          ``(3)(A) The Director may develop, in consultation with 
        Indian tribes, a formula for providing grants under this 
        subsection.
          ``(B) In providing a grant under this subsection, the 
        Director shall give priority to an application received from an 
        Indian tribe with inadequate electric service (as determined by 
        the Director).
          ``(4) The Secretary of Energy may issue such regulations as 
        necessary to carry out this subsection.
          ``(5) There are authorized to be appropriated to carry out 
        this subsection $20,000,000 for each of fiscal years 2006 
        through 2016.
  ``(c) Department of Energy Loan Guarantee Program.--
          ``(1) Subject to paragraph (3), the Secretary of Energy may 
        provide loan guarantees (as defined in section 502 of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for not more 
        than 90 percent of the unpaid principal and interest due on any 
        loan made to any Indian tribe for energy development.
          ``(2) A loan guarantee under this subsection shall be made 
        by--
                  ``(A) a financial institution subject to examination 
                by the Secretary of Energy; or
                  ``(B) an Indian tribe, from funds of the Indian 
                tribe.
          ``(3) The aggregate outstanding amount guaranteed by the 
        Secretary of Energy at any time under this subsection shall not 
        exceed $2,000,000,000.
          ``(4) The Secretary of Energy may issue such regulations as 
        the Secretary of Energy determines are necessary to carry out 
        this subsection.
          ``(5) There are authorized to be appropriated such sums as 
        are necessary to carry out this subsection, to remain available 
        until expended.
          ``(6) Not later than 1 year from the date of enactment of 
        this section, the Secretary of Energy shall report to Congress 
        on the financing requirements of Indian tribes for energy 
        development on Indian land.
  ``(d) Federal Agencies-Indian Energy Preference.--
          ``(1) In purchasing electricity or any other energy product 
        or byproduct, a Federal agency or department may give 
        preference to an energy and resource production enterprise, 
        partnership, consortium, corporation, or other type of business 
        organization the majority of the interest in which is owned and 
        controlled by 1 or more Indian tribes.
          ``(2) In carrying out this subsection, a Federal agency or 
        department shall not--
                  ``(A) pay more than the prevailing market price for 
                an energy product or byproduct; or
                  ``(B) obtain less than prevailing market terms and 
                conditions.

``SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

  ``(a) Grants.--The Secretary may provide to Indian tribes, on an 
annual basis, grants for use in accordance with subsection (b).
  ``(b) Use of Funds.--Funds from a grant provided under this section 
may be used--
          ``(1) by an Indian tribe for the development of a tribal 
        energy resource inventory or tribal energy resource on Indian 
        land;
          ``(2) by an Indian tribe for the development of a feasibility 
        study or other report necessary to the development of energy 
        resources on Indian land;
          ``(3) by an Indian tribe (other than an Indian Tribe in 
        Alaska except the Metlakatla Indian Community) for the 
        development and enforcement of tribal laws (including 
        regulations) relating to tribal energy resource development and 
        the development of technical infrastructure to protect the 
        environment under applicable law; or
          ``(4) by a Native Corporation for the development and 
        implementation of corporate policies and the development of 
        technical infrastructure to protect the environment under 
        applicable law; and
          ``(5) by an Indian tribe for the training of employees that--
                  ``(A) are engaged in the development of energy 
                resources on Indian land; or
                  ``(B) are responsible for protecting the environment.
  ``(c) Other Assistance.--In carrying out the obligations of the 
United States under this title, the Secretary shall ensure, to the 
maximum extent practicable and to the extent of available resources, 
that upon the request of an Indian tribe, the Indian tribe shall have 
available scientific and technical information and expertise, for use 
in the Indian tribe's regulation, development, and management of energy 
resources on Indian land. The Secretary may fulfill this responsibility 
either directly, through the use of Federal officials, or indirectly, 
by providing financial assistance to the Indian tribe to secure 
independent assistance.

``SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING 
                    ENERGY DEVELOPMENT OR TRANSMISSION.

  ``(a) Leases and Business Agreements.--Subject to the provisions of 
this section--
          ``(1) an Indian tribe may, at its discretion, enter into a 
        lease or business agreement for the purpose of energy resource 
        development on tribal land, including a lease or business 
        agreement for--
                  ``(A) exploration for, extraction of, processing of, 
                or other development of the Indian tribe's energy 
                mineral resources located on tribal land; and
                  ``(B) construction or operation of an electric 
                generation, transmission, or distribution facility 
                located on tribal land or a facility to process or 
                refine energy resources developed on tribal land; and
          ``(2) such lease or business agreement described in paragraph 
        (1) shall not require the approval of the Secretary under 
        section 2103 of the Revised Statutes (25 U.S.C. 81) or any 
        other provision of law, if--
                  ``(A) the lease or business agreement is executed 
                pursuant to a tribal energy resource agreement approved 
                by the Secretary under subsection (e);
                  ``(B) the term of the lease or business agreement 
                does not exceed--
                          ``(i) 30 years; or
                          ``(ii) in the case of a lease for the 
                        production of oil resources, gas resources, or 
                        both, 10 years and as long thereafter as oil or 
                        gas is produced in paying quantities; and
                  ``(C) the Indian tribe has entered into a tribal 
                energy resource agreement with the Secretary, as 
                described in subsection (e), relating to the 
                development of energy resources on tribal land 
                (including the periodic review and evaluation of the 
                activities of the Indian tribe under the agreement, to 
                be conducted pursuant to the provisions required by 
                subsection (e)(2)(D)(i)).
  ``(b) Rights-of-Way for Pipelines or Electric Transmission or 
Distribution Lines.--An Indian tribe may grant a right-of-way over 
tribal land for a pipeline or an electric transmission or distribution 
line without approval by the Secretary if--
          ``(1) the right-of-way is executed in accordance with a 
        tribal energy resource agreement approved by the Secretary 
        under subsection (e);
          ``(2) the term of the right-of-way does not exceed 30 years;
          ``(3) the pipeline or electric transmission or distribution 
        line serves--
                  ``(A) an electric generation, transmission, or 
                distribution facility located on tribal land; or
                  ``(B) a facility located on tribal land that 
                processes or refines energy resources developed on 
                tribal land; and
          ``(4) the Indian tribe has entered into a tribal energy 
        resource agreement with the Secretary, as described in 
        subsection (e), relating to the development of energy resources 
        on tribal land (including the periodic review and evaluation of 
        the Indian tribe's activities under such agreement described in 
        subparagraphs (D) and (E) of subsection (e)(2)).
  ``(c) Renewals.--A lease or business agreement entered into or a 
right-of-way granted by an Indian tribe under this section may be 
renewed at the discretion of the Indian tribe in accordance with this 
section.
  ``(d) Validity.--No lease, business agreement, or right-of-way 
relating to the development of tribal energy resources pursuant to the 
provisions of this section shall be valid unless the lease, business 
agreement, or right-of-way is authorized by the provisions of a tribal 
energy resource agreement approved by the Secretary under subsection 
(e)(2).
  ``(e) Tribal Energy Resource Agreements.--
          ``(1) On issuance of regulations under paragraph (8), an 
        Indian tribe may submit to the Secretary for approval a tribal 
        energy resource agreement governing leases, business 
        agreements, and rights-of-way under this section.
          ``(2)(A) Not later than 180 days after the date on which the 
        Secretary receives a tribal energy resource agreement submitted 
        by an Indian tribe under paragraph (1), or not later than 60 
        days after the Secretary receives a revised tribal energy 
        resource agreement submitted by an Indian tribe under paragraph 
        (4)(C), (or such later date as may be agreed to by the 
        Secretary and the Indian tribe), the Secretary shall approve or 
        disapprove the tribal energy resource agreement.
          ``(B) The Secretary shall approve a tribal energy resource 
        agreement submitted under paragraph (1) if--
                  ``(i) the Secretary determines that the Indian tribe 
                has demonstrated that the Indian tribe has sufficient 
                capacity to regulate the development of energy 
                resources of the Indian tribe;
                  ``(ii) the tribal energy resource agreement includes 
                provisions required under subparagraph (D); and
                  ``(iii) the tribal energy resource agreement includes 
                provisions that, with respect to a lease, business 
                agreement, or right-of-way under this section--
                          ``(I) ensure the acquisition of necessary 
                        information from the applicant for the lease, 
                        business agreement, or right-of-way;
                          ``(II) address the term of the lease or 
                        business agreement or the term of conveyance of 
                        the right-of-way;
                          ``(III) address amendments and renewals;
                          ``(IV) address the economic return to the 
                        Indian tribe under leases, business agreements, 
                        and rights-of-way;
                          ``(V) address technical or other relevant 
                        requirements;
                          ``(VI) establish requirements for 
                        environmental review in accordance with 
                        subparagraph (C);
                          ``(VII) ensure compliance with all applicable 
                        environmental laws;
                          ``(VIII) identify final approval authority;
                          ``(IX) provide for public notification of 
                        final approvals;
                          ``(X) establish a process for consultation 
                        with any affected States concerning off-
                        reservation impacts, if any, identified 
                        pursuant to the provisions required under 
                        subparagraph (C)(i);
                          ``(XI) describe the remedies for breach of 
                        the lease, business agreement, or right-of-way;
                          ``(XII) require each lease, business 
                        agreement, and right-of-way to include a 
                        statement that, in the event that any of its 
                        provisions violates an express term or 
                        requirement set forth in the tribal energy 
                        resource agreement pursuant to which it was 
                        executed--
                                  ``(aa) such provision shall be null 
                                and void; and
                                  ``(bb) if the Secretary determines 
                                such provision to be material, the 
                                Secretary shall have the authority to 
                                suspend or rescind the lease, business 
                                agreement, or right-of-way or take 
                                other appropriate action that the 
                                Secretary determines to be in the best 
                                interest of the Indian tribe;
                          ``(XIII) require each lease, business 
                        agreement, and right-of-way to provide that it 
                        will become effective on the date on which a 
                        copy of the executed lease, business agreement, 
                        or right-of-way is delivered to the Secretary 
                        in accordance with regulations adopted pursuant 
                        to this subsection; and
                          ``(XIV) include citations to tribal laws, 
                        regulations, or procedures, if any, that set 
                        out tribal remedies that must be exhausted 
                        before a petition may be submitted to the 
                        Secretary pursuant to paragraph (7)(B).
          ``(C) Tribal energy resource agreements submitted under 
        paragraph (1) shall establish, and include provisions to ensure 
        compliance with, an environmental review process that, with 
        respect to a lease, business agreement, or right-of-way under 
        this section, provides for--
                  ``(i) the identification and evaluation of all 
                significant environmental impacts (as compared with a 
                no-action alternative), including effects on cultural 
                resources;
                  ``(ii) the identification of proposed mitigation;
                  ``(iii) a process for ensuring that the public is 
                informed of and has an opportunity to comment on the 
                environmental impacts of the proposed action before 
                tribal approval of the lease, business agreement, or 
                right-of-way; and
                  ``(iv) sufficient administrative support and 
                technical capability to carry out the environmental 
                review process.
          ``(D) A tribal energy resource agreement negotiated between 
        the Secretary and an Indian tribe in accordance with this 
        subsection shall include--
                  ``(i) provisions requiring the Secretary to conduct a 
                periodic review and evaluation to monitor the 
                performance of the Indian tribe's activities associated 
                with the development of energy resources under the 
                tribal energy resource agreement; and
                  ``(ii) when such review and evaluation result in a 
                finding by the Secretary of imminent jeopardy to a 
                physical trust asset arising from a violation of the 
                tribal energy resource agreement or applicable Federal 
                laws, provisions authorizing the Secretary to take 
                appropriate actions determined by the Secretary to be 
                necessary to protect such asset, which actions may 
                include reassumption of responsibility for activities 
                associated with the development of energy resources on 
                tribal land until the violation and conditions that 
                gave rise to such jeopardy have been corrected.
          ``(E) The periodic review and evaluation described in 
        subparagraph (D) shall be conducted on an annual basis, except 
        that, after the third such annual review and evaluation, the 
        Secretary and the Indian tribe may mutually agree to amend the 
        tribal energy resource agreement to authorize the review and 
        evaluation required by subparagraph (D) to be conducted once 
        every 2 years.
          ``(3) The Secretary shall provide notice and opportunity for 
        public comment on tribal energy resource agreements submitted 
        for approval under paragraph (1). The Secretary's review of a 
        tribal energy resource agreement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
        be limited to the direct effects of that approval.
          ``(4) If the Secretary disapproves a tribal energy resource 
        agreement submitted by an Indian tribe under paragraph (1), the 
        Secretary shall, not later than 10 days after the date of 
        disapproval--
                  ``(A) notify the Indian tribe in writing of the basis 
                for the disapproval;
                  ``(B) identify what changes or other actions are 
                required to address the concerns of the Secretary; and
                  ``(C) provide the Indian tribe with an opportunity to 
                revise and resubmit the tribal energy resource 
                agreement.
          ``(5) If an Indian tribe executes a lease or business 
        agreement or grants a right-of-way in accordance with a tribal 
        energy resource agreement approved under this subsection, the 
        Indian tribe shall, in accordance with the process and 
        requirements set forth in the Secretary's regulations adopted 
        pursuant to paragraph (8), provide to the Secretary--
                  ``(A) a copy of the lease, business agreement, or 
                right-of-way document (including all amendments to and 
                renewals of the document); and
                  ``(B) in the case of a tribal energy resource 
                agreement or a lease, business agreement, or right-of-
                way that permits payments to be made directly to the 
                Indian tribe, information and documentation of those 
                payments sufficient to enable the Secretary to 
                discharge the trust responsibility of the United States 
                to enforce the terms of, and protect the Indian tribe's 
                rights under, the lease, business agreement, or right-
                of-way.
          ``(6)(A) For purposes of the activities to be undertaken by 
        the Secretary pursuant to this section, the Secretary shall--
                  ``(i) carry out such activities in a manner 
                consistent with the trust responsibility of the United 
                States relating to mineral and other trust resources; 
                and
                  ``(ii) act in good faith and in the best interests of 
                the Indian tribes.
          ``(B) Subject to the provisions of subsections (a)(2), (b), 
        and (c) waiving the requirement of Secretarial approval of 
        leases, business agreements, and rights-of-way executed 
        pursuant to tribal energy resource agreements approved under 
        this section, and the provisions of subparagraph (D), nothing 
        in this section shall absolve the United States from any 
        responsibility to Indians or Indian tribes, including, but not 
        limited to, those which derive from the trust relationship or 
        from any treaties, statutes, and other laws of the United 
        States, Executive Orders, or agreements between the United 
        States and any Indian tribe.
          ``(C) The Secretary shall continue to have a trust obligation 
        to ensure that the rights and interests of an Indian tribe are 
        protected in the event that--
                  ``(i) any other party to any such lease, business 
                agreement, or right-of-way violates any applicable 
                provision of Federal law or the terms of any lease, 
                business agreement, or right-of-way under this section; 
                or
                  ``(ii) any provision in such lease, business 
                agreement, or right-of-way violates any express 
                provision or requirement set forth in the tribal energy 
                resource agreement pursuant to which the lease, 
                business agreement, or right-of-way was executed.
          ``(D) Notwithstanding subparagraph (B), the United States 
        shall not be liable to any party (including any Indian tribe) 
        for any of the negotiated terms of, or any losses resulting 
        from the negotiated terms of, a lease, business agreement, or 
        right-of-way executed pursuant to and in accordance with a 
        tribal energy resource agreement approved by the Secretary 
        under paragraph (2). For the purpose of this subparagraph, the 
        term `negotiated terms' means any terms or provisions that are 
        negotiated by an Indian tribe and any other party or parties to 
        a lease, business agreement, or right-of-way entered into 
        pursuant to an approved tribal energy resource agreement.
          ``(7)(A) In this paragraph, the term `interested party' means 
        any person or entity the interests of which have sustained or 
        will sustain a significant adverse environmental impact as a 
        result of the failure of an Indian tribe to comply with a 
        tribal energy resource agreement of the Indian tribe approved 
        by the Secretary under paragraph (2).
          ``(B) After exhaustion of tribal remedies, and in accordance 
        with the process and requirements set forth in regulations 
        adopted by the Secretary pursuant to paragraph (8), an 
        interested party may submit to the Secretary a petition to 
        review compliance of an Indian tribe with a tribal energy 
        resource agreement of the Indian tribe approved by the 
        Secretary under paragraph (2).
          ``(C)(i) Not later than 120 days after the date on which the 
        Secretary receives a petition under subparagraph (B), the 
        Secretary shall determine whether the Indian tribe is not in 
        compliance with the tribal energy resource agreement, as 
        alleged in the petition.
          ``(ii) The Secretary may adopt procedures under paragraph (8) 
        authorizing an extension of time, not to exceed 120 days, for 
        making the determination under clause (i) in any case in which 
        the Secretary determines that additional time is necessary to 
        evaluate the allegations of the petition.
          ``(iii) Subject to subparagraph (D), if the Secretary 
        determines that the Indian tribe is not in compliance with the 
        tribal energy resource agreement as alleged in the petition, 
        the Secretary shall take such action as is necessary to ensure 
        compliance with the provisions of the tribal energy resource 
        agreement, which action may include--
                  ``(I) temporarily suspending some or all activities 
                under a lease, business agreement, or right-of-way 
                under this section until the Indian tribe or such 
                activities are in compliance with the provisions of the 
                approved tribal energy resource agreement; or
                  ``(II) rescinding approval of all or part of the 
                tribal energy resource agreement, and if all of such 
                agreement is rescinded, reassuming the responsibility 
                for approval of any future leases, business agreements, 
                or rights-of-way described in subsections (a) and (b).
          ``(D) Prior to seeking to ensure compliance with the 
        provisions of the tribal energy resource agreement of an Indian 
        tribe under subparagraph (C)(iii), the Secretary shall--
                  ``(i) make a written determination that describes the 
                manner in which the tribal energy resource agreement 
                has been violated;
                  ``(ii) provide the Indian tribe with a written notice 
                of the violations together with the written 
                determination; and
                  ``(iii) before taking any action described in 
                subparagraph (C)(iii) or seeking any other remedy, 
                provide the Indian tribe with a hearing and a 
                reasonable opportunity to attain compliance with the 
                tribal energy resource agreement.
          ``(E) An Indian tribe described in subparagraph (D) shall 
        retain all rights to appeal as provided in regulations issued 
        by the Secretary.
          ``(8) Not later than 1 year after the date of enactment of 
        the Indian Tribal Energy Development and Self-Determination Act 
        of 2005, the Secretary shall issue regulations that implement 
        the provisions of this subsection, including--
                  ``(A) criteria to be used in determining the capacity 
                of an Indian tribe described in paragraph (2)(B)(i), 
                including the experience of the Indian tribe in 
                managing natural resources and financial and 
                administrative resources available for use by the 
                Indian tribe in implementing the approved tribal energy 
                resource agreement of the Indian tribe;
                  ``(B) a process and requirements in accordance with 
                which an Indian tribe may--
                          ``(i) voluntarily rescind a tribal energy 
                        resource agreement approved by the Secretary 
                        under this subsection; and
                          ``(ii) return to the Secretary the 
                        responsibility to approve any future leases, 
                        business agreements, and rights-of-way 
                        described in this subsection;
                  ``(C) provisions setting forth the scope of, and 
                procedures for, the periodic review and evaluation 
                described in subparagraphs (D) and (E) of paragraph 
                (2), including provisions for review of transactions, 
                reports, site inspections, and any other review 
                activities the Secretary determines to be appropriate; 
                and
                  ``(D) provisions defining final agency actions after 
                exhaustion of administrative appeals from 
                determinations of the Secretary under paragraph (7).
  ``(f) No Effect on Other Law.--Nothing in this section affects the 
application of--
          ``(1) any Federal environment law;
          ``(2) the Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.); or
          ``(3) except as otherwise provided in this title, the Indian 
        Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.) and 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
  ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary for each of 
fiscal years 2006 through 2016 to implement the provisions of this 
section and to make grants or provide other appropriate assistance to 
Indian tribes to assist the Indian tribes in developing and 
implementing tribal energy resource agreements in accordance with the 
provisions of this section.

``SEC. 2605. INDIAN MINERAL DEVELOPMENT REVIEW.

  ``(a) In General.--The Secretary shall conduct a review of all 
activities being conducted under the Indian Mineral Development Act of 
1982 (25 U.S.C. 2101 et seq.) as of that date.
  ``(b) Report.--Not later than 1 year after the date of enactment of 
the Indian Tribal Energy Development and Self-Determination Act of 
2005, the Secretary shall submit to Congress a report that includes--
          ``(1) the results of the review;
          ``(2) recommendations to ensure that Indian tribes have the 
        opportunity to develop Indian energy resources; and
          ``(3) an analysis of the barriers to the development of 
        energy resources on Indian land (including legal, fiscal, 
        market, and other barriers), along with recommendations for the 
        removal of those barriers.''.
  (b) Conforming Amendments.--The table of contents for the Energy 
Policy Act of 1992 is amended by striking the items relating to title 
XXVI and inserting the following:

``Sec. 2601. Definitions.
``Sec. 2602. Indian tribal energy resource development.
``Sec. 2603. Indian tribal energy resource regulation.
``Sec. 2604. Leases, business agreements, and rights-of-way involving 
energy development or transmission.
``Sec. 2605. Indian mineral development review.''.

Sec. 504. Four Corners transmission line project

  The Dine Power Authority, an enterprise of the Navajo Nation, shall 
be eligible to receive grants and other assistance as authorized by 
section 217 of the Department of Energy Organization Act, as added by 
section 502 of this title, and section 2602 of the Energy Policy Act of 
1992, as amended by this title, for activities associated with the 
development of a transmission line from the Four Corners Area to 
southern Nevada, including related power generation opportunities.

Sec. 505. Energy efficiency in federally assisted housing

  (a) In General.--The Secretary of Housing and Urban Development shall 
promote energy conservation in housing that is located on Indian land 
and assisted with Federal resources through--
          (1) the use of energy-efficient technologies and innovations 
        (including the procurement of energy-efficient refrigerators 
        and other appliances);
          (2) the promotion of shared savings contracts; and
          (3) the use and implementation of such other similar 
        technologies and innovations as the Secretary of Housing and 
        Urban Development considers to be appropriate.
  (b) Amendment.--Section 202(2) of the Native American Housing and 
Self-Determination Act of 1996 (25 U.S.C. 4132(2)) is amended by 
inserting ``improvement to achieve greater energy efficiency,'' after 
``planning,''.

Sec. 506. Consultation with Indian tribes

  In carrying out this title and the amendments made by this title, the 
Secretary of Energy and the Secretary shall, as appropriate and to the 
maximum extent practicable, involve and consult with Indian tribes in a 
manner that is consistent with the Federal trust and the government-to-
government relationships between Indian tribes and the United States.

                       TITLE VI--NUCLEAR MATTERS

               Subtitle A--Price-Anderson Act Amendments

Sec. 601. Short title

   This subtitle may be cited as the ``Price-Anderson Amendments Act of 
2005'' .

Sec. 602. Extension of indemnification authority

  (a) Indemnification of Nuclear Regulatory Commission Licensees.--
Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is 
amended--
          (1) in the subsection heading, by striking ``Licenses'' and 
        inserting ``Licensees''; and
          (2) by striking ``December 31, 2003'' each place it appears 
        and inserting ``December 31, 2025''.
  (b) Indemnification of Department of Energy Contractors.--Section 170 
d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is 
amended by striking ``December 31, 2006'' and inserting ``December 31, 
2025''.
  (c) Indemnification of Nonprofit Educational Institutions.--Section 
170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended 
by striking ``August 1, 2002'' each place it appears and inserting 
``December 31, 2025''.

Sec. 603. Maximum assessment

   Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is 
amended--
          (1) in the second proviso of the third sentence of subsection 
        b.(1)--
                  (A) by striking ``$63,000,000'' and inserting 
                ``$95,800,000''; and
                  (B) by striking ``$10,000,000 in any 1 year'' and 
                inserting ``$15,000,000 in any 1 year (subject to 
                adjustment for inflation under subsection t.)''; and
          (2) in subsection t.(1)--
                  (A) by inserting ``total and annual'' after ``amount 
                of the maximum'';
                  (B) by striking ``the date of the enactment of the 
                Price-Anderson Amendments Act of 1988'' and inserting 
                ``August 20, 2003''; and
                  (C) in subparagraph (A), by striking ``such date of 
                enactment'' and inserting ``August 20, 2003''.

Sec. 604. Department of Energy liability limit

  (a) Indemnification of Department of Energy Contractors.--Section 170 
d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by 
striking paragraph (2) and inserting the following:
  ``(2) In an agreement of indemnification entered into under paragraph 
(1), the Secretary--
          ``(A) may require the contractor to provide and maintain 
        financial protection of such a type and in such amounts as the 
        Secretary shall determine to be appropriate to cover public 
        liability arising out of or in connection with the contractual 
        activity; and
          ``(B) shall indemnify the persons indemnified against such 
        liability above the amount of the financial protection 
        required, in the amount of $10,000,000,000 (subject to 
        adjustment for inflation under subsection t.), in the 
        aggregate, for all persons indemnified in connection with the 
        contract and for each nuclear incident, including such legal 
        costs of the contractor as are approved by the Secretary.''.
  (b) Contract Amendments.--Section 170 d. of the Atomic Energy Act of 
1954 (42 U.S.C. 2210(d)) is further amended by striking paragraph (3) 
and inserting the following--
  ``(3) All agreements of indemnification under which the Department of 
Energy (or its predecessor agencies) may be required to indemnify any 
person under this section shall be deemed to be amended, on the date of 
enactment of the Price-Anderson Amendments Act of 2005, to reflect the 
amount of indemnity for public liability and any applicable financial 
protection required of the contractor under this subsection.''.
  (c) Liability Limit.--Section 170 e.(1)(B) of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended--
          (1) by striking ``the maximum amount of financial protection 
        required under subsection b. or''; and
          (2) by striking ``paragraph (3) of subsection d., whichever 
        amount is more'' and inserting ``paragraph (2) of subsection 
        d.''.

Sec. 605. Incidents outside the United States

  (a) Amount of Indemnification.--Section 170 d.(5) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking 
``$100,000,000'' and inserting ``$500,000,000''.
  (b) Liability Limit.--Section 170 e.(4) of the Atomic Energy Act of 
1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and 
inserting ``$500,000,000''.

Sec. 606. Reports

   Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) 
is amended by striking ``August 1, 1998'' and inserting ``December 31, 
2021''.

Sec. 607. Inflation adjustment

   Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t)) 
is amended--
          (1) by redesignating paragraph (2) as paragraph (3); and
          (2) by inserting after paragraph (1) the following:
  ``(2) The Secretary shall adjust the amount of indemnification 
provided under an agreement of indemnification under subsection d. not 
less than once during each 5-year period following July 1, 2003, in 
accordance with the aggregate percentage change in the Consumer Price 
Index since--
          ``(A) that date, in the case of the first adjustment under 
        this paragraph; or
          ``(B) the previous adjustment under this paragraph.''.

Sec. 608. Treatment of modular reactors

   Section 170 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) 
is amended by adding at the end the following:
  ``(5)(A) For purposes of this section only, the Commission shall 
consider a combination of facilities described in subparagraph (B) to 
be a single facility having a rated capacity of 100,000 electrical 
kilowatts or more.
  ``(B) A combination of facilities referred to in subparagraph (A) is 
2 or more facilities located at a single site, each of which has a 
rated capacity of 100,000 electrical kilowatts or more but not more 
than 300,000 electrical kilowatts, with a combined rated capacity of 
not more than 1,300,000 electrical kilowatts.''.

Sec. 609. Applicability

   The amendments made by sections 603, 604, and 605 do not apply to a 
nuclear incident that occurs before the date of the enactment of this 
Act.

Sec. 610. Prohibition on assumption by United States Government of 
                    liability for certain foreign incidents

   Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is 
amended by adding at the end the following new subsection:
  ``u. Prohibition on Assumption of Liability for Certain Foreign 
Incidents.--Notwithstanding this section or any other provision of law, 
no officer of the United States or of any department, agency, or 
instrumentality of the United States Government may enter into any 
contract or other arrangement, or into any amendment or modification of 
a contract or other arrangement, the purpose or effect of which would 
be to directly or indirectly impose liability on the United States 
Government, or any department, agency, or instrumentality of the United 
States Government, or to otherwise directly or indirectly require an 
indemnity by the United States Government, for nuclear incidents 
occurring in connection with the design, construction, or operation of 
a production facility or utilization facility in any country whose 
government has been identified by the Secretary of State as engaged in 
state sponsorship of terrorist activities (specifically including any 
country the government of which, as of September 11, 2001, had been 
determined by the Secretary of State under section 620A(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of 
the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or 
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to 
have repeatedly provided support for acts of international terrorism). 
This subsection shall not apply to nuclear incidents occurring as a 
result of missions, carried out under the direction of the Secretary of 
Energy, the Secretary of Defense, or the Secretary of State, that are 
necessary to safely secure, store, transport, or remove nuclear 
materials for nuclear safety or nonproliferation purposes.''.

Sec. 611. Civil penalties

  (a) Repeal of Automatic Remission.--Section 234A b.(2) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the 
last sentence.
  (b) Limitation for not-for-Profit Institutions.--Subsection d. of 
section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(d)) is 
amended to read as follows:
  ``d.(1) Notwithstanding subsection a., in the case of any not-for-
profit contractor, subcontractor, or supplier, the total amount of 
civil penalties paid under subsection a. may not exceed the total 
amount of fees paid within any 1-year period (as determined by the 
Secretary) under the contract under which the violation occurs.
  ``(2) For purposes of this section, the term `not-for-profit' means 
that no part of the net earnings of the contractor, subcontractor, or 
supplier inures to the benefit of any natural person or for-profit 
artificial person.''.
  (c) Effective Date.--The amendments made by this section shall not 
apply to any violation of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
et seq.) occurring under a contract entered into before the date of 
enactment of this section.

Sec. 612. Financial accountability

  (a) Amendment.--Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) is amended by adding at the end the following new 
subsection:
  ``v. Financial Accountability.--(1) Notwithstanding subsection d., 
the Attorney General may bring an action in the appropriate United 
States district court to recover from a contractor of the Secretary (or 
subcontractor or supplier of such contractor) amounts paid by the 
Federal Government under an agreement of indemnification under 
subsection d. for public liability resulting from conduct which 
constitutes intentional misconduct of any corporate officer, manager, 
or superintendent of such contractor (or subcontractor or supplier of 
such contractor).
          ``(2) The Attorney General may recover under paragraph (1) an 
        amount not to exceed the amount of the profit derived by the 
        defendant from the contract.
          ``(3) No amount recovered from any contractor (or 
        subcontractor or supplier of such contractor) under paragraph 
        (1) may be reimbursed directly or indirectly by the Department 
        of Energy.
          ``(4) Paragraph (1) shall not apply to any nonprofit entity 
        conducting activities under contract for the Secretary.
          ``(5) No waiver of a defense required under this section 
        shall prevent a defendant from asserting such defense in an 
        action brought under this subsection.
          ``(6) The Secretary shall, by rule, define the terms `profit' 
        and `nonprofit entity' for purposes of this subsection. Such 
        rulemaking shall be completed not later than 180 days after the 
        date of the enactment of this subsection.''.
  (b) Effective Date.--The amendment made by this section shall not 
apply to any agreement of indemnification entered into under section 
170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) before the 
date of the enactment of this Act.

                  Subtitle B--General Nuclear Matters

Sec. 621. Licenses

   Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) 
is amended by inserting ``from the authorization to commence 
operations'' after ``forty years''.

Sec. 622. NRC training program

  (a) In General.--In order to maintain the human resource investment 
and infrastructure of the United States in the nuclear sciences, health 
physics, and engineering fields, in accordance with the statutory 
authorities of the Nuclear Regulatory Commission relating to the 
civilian nuclear energy program, the Nuclear Regulatory Commission 
shall carry out a training and fellowship program to address shortages 
of individuals with critical nuclear safety regulatory skills.
  (b) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated to 
        the Nuclear Regulatory Commission to carry out this section 
        $1,000,000 for each of fiscal years 2005 through 2009.
          (2) Availability.--Funds made available under paragraph (1) 
        shall remain available until expended.

Sec. 623. Cost recovery from government agencies

   Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) 
is amended--
          (1) by striking ``for or is issued'' and all that follows 
        through ``1702'' and inserting ``to the Commission for, or is 
        issued by the Commission, a license or certificate'';
          (2) by striking ``483a'' and inserting ``9701''; and
          (3) by striking ``, of applicants for, or holders of, such 
        licenses or certificates''.

Sec. 624. Elimination of pension offset

   Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is 
amended by adding at the end the following:
  ``y. Exempt from the application of sections 8344 and 8468 of title 
5, United States Code, an annuitant who was formerly an employee of the 
Commission who is hired by the Commission as a consultant, if the 
Commission finds that the annuitant has a skill that is critical to the 
performance of the duties of the Commission.''.

Sec. 625. Antitrust review

   Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2135(c)) 
is amended by adding at the end the following:
  ``(9) Applicability.--This subsection does not apply to an 
application for a license to construct or operate a utilization 
facility or production facility under section 103 or 104 b. that is 
filed on or after the date of enactment of this paragraph.''.

Sec. 626. Decommissioning

   Section 161 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) 
is amended--
          (1) by striking ``and (3)'' and inserting ``(3)''; and
          (2) by inserting before the semicolon at the end the 
        following: ``, and (4) to ensure that sufficient funds will be 
        available for the decommissioning of any production or 
        utilization facility licensed under section 103 or 104 b., 
        including standards and restrictions governing the control, 
        maintenance, use, and disbursement by any former licensee under 
        this Act that has control over any fund for the decommissioning 
        of the facility''.

Sec. 627. Limitation on legal fee reimbursement

   Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et 
seq.) is amended by adding at the end the following new section:
                ``limitation on legal fee reimbursement
  ``Sec. 212. The Department of Energy shall not, except as required 
under a contract entered into before the date of enactment of this 
section, reimburse any contractor or subcontractor of the Department 
for any legal fees or expenses incurred with respect to a complaint 
subsequent to--
          ``(1) an adverse determination on the merits with respect to 
        such complaint against the contractor or subcontractor by the 
        Director of the Department of Energy's Office of Hearings and 
        Appeals pursuant to part 708 of title 10, Code of Federal 
        Regulations, or by a Department of Labor Administrative Law 
        Judge pursuant to section 211 of this Act; or
          ``(2) an adverse final judgment by any State or Federal court 
        with respect to such complaint against the contractor or 
        subcontractor for wrongful termination or retaliation due to 
        the making of disclosures protected under chapter 12 of title 
        5, United States Code, section 211 of this Act, or any 
        comparable State law,
unless the adverse determination or final judgment is reversed upon 
further administrative or judicial review.''.

Sec. 629. Report on feasibility of developing commercial nuclear energy 
                    generation facilities at existing Department of 
                    Energy sites

   Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Energy shall submit to Congress a report on the 
feasibility of developing commercial nuclear energy generation 
facilities at Department of Energy sites in existence on the date of 
enactment of this Act.

Sec. 630. Uranium sales

  (a) Sales, Transfers, and Services.--Section 3112 of the USEC 
Privatization Act (42 U.S.C. 2297h-10) is amended by striking 
subsections (d), (e), and (f) and inserting the following:
  ``(3) The Secretary may transfer to the Corporation, notwithstanding 
subsections (b)(2) and (d), natural uranium in amounts sufficient to 
fulfill the Department of Energy's commitments under Article 4(B) of 
the Agreement between the Department and the Corporation dated June 17, 
2002.
  ``(d) Inventory Sales.--(1) In addition to the transfers and sales 
authorized under subsections (b) and (c) and under paragraph (5) of 
this subsection, the United States Government may transfer or sell 
uranium in any form subject to paragraphs (2), (3), and (4).
  ``(2) Except as provided in subsections (b) and (c) and paragraph (5) 
of this subsection, no sale or transfer of uranium shall be made under 
this subsection by the United States Government unless--
          ``(A) the President determines that the material is not 
        necessary for national security needs and the sale or transfer 
        has no adverse impact on implementation of existing government-
        to-government agreements;
          ``(B) the price paid to the appropriate Federal agency, if 
        the transaction is a sale, will not be less than the fair 
        market value of the material; and
          ``(C) the sale or transfer to commercial nuclear power end 
        users is made pursuant to a contract of at least 3 years' 
        duration.
  ``(3) Except as provided in paragraph (5), the United States 
Government shall not make any transfer or sale of uranium in any form 
under this subsection that would cause the total amount of uranium 
transferred or sold pursuant to this subsection that is delivered for 
consumption by commercial nuclear power end users to exceed--
          ``(A) 3,000,000 pounds of U3 O8 
        equivalent in fiscal year 2005, 2006, 2007, 2008, or 2009;
          ``(B) 5,000,000 pounds of U3O8 
        equivalent in fiscal year 2010 or 2011;
          ``(C) 7,000,000 pounds of U3O8 
        equivalent in fiscal year 2012; and
          ``(D) 10,000,000 pounds of U3O8 
        equivalent in fiscal year 2013 or any fiscal year thereafter.
  ``(4) Except for sales or transfers under paragraph (5), for the 
purposes of this subsection, the recovery of uranium from uranium 
bearing materials transferred or sold by the United States Government 
to the domestic uranium industry shall be the preferred method of 
making uranium available. The recovered uranium shall be counted 
against the annual maximum deliveries set forth in this section, when 
such uranium is sold to end users.
  ``(5) The United States Government may make the following sales and 
transfers:
          ``(A) Sales or transfers to a Federal agency if the material 
        is transferred for the use of the receiving agency without any 
        resale or transfer to another entity and the material does not 
        meet commercial specifications.
          ``(B) Sales or transfers to any person for national security 
        purposes, as determined by the Secretary.
          ``(C) Sales or transfers to any State or local agency or 
        nonprofit, charitable, or educational institution for use other 
        than the generation of electricity for commercial use.
          ``(D) Sales or transfers to the Department of Energy research 
        reactor sales program.
          ``(E) Sales or transfers, at fair market value, for emergency 
        purposes in the event of a disruption in supply to commercial 
        nuclear power end users in the United States.
          ``(F) Sales or transfers, at fair market value, for use in a 
        commercial reactor in the United States with nonstandard fuel 
        requirements.
          ``(G) Sales or transfers provided for under law for use by 
        the Tennessee Valley Authority in relation to the Department of 
        Energy's highly enriched uranium or tritium programs.
  ``(6) For purposes of this subsection, the term `United States 
Government' does not include the Tennessee Valley Authority.
  ``(e) Savings Provision.--Nothing in this subchapter modifies the 
terms of the Russian HEU Agreement.
  ``(f) Services.--Notwithstanding any other provision of this section, 
if the Secretary determines that the Corporation has failed, or may 
fail, to perform any obligation under the Agreement between the 
Department of Energy and the Corporation dated June 17, 2002, and as 
amended thereafter, which failure could result in termination of the 
Agreement, the Secretary shall notify Congress, in such a manner that 
affords Congress an opportunity to comment, prior to a determination by 
the Secretary whether termination, waiver, or modification of the 
Agreement is required. The Secretary is authorized to take such action 
as he determines necessary under the Agreement to terminate, waive, or 
modify provisions of the Agreement to achieve its purposes.''.
  (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of Energy shall report to Congress on the 
implementation of this section. The report shall include a discussion 
of available excess uranium inventories; all sales or transfers made by 
the United States Government; the impact of such sales or transfers on 
the domestic uranium industry, the spot market uranium price, and the 
national security interests of the United States; and any steps taken 
to remediate any adverse impacts of such sales or transfers.

Sec. 631. Cooperative research and development and special 
                    demonstration projects for the uranium mining 
                    industry

  (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy $10,000,000 for each of fiscal 
years 2006, 2007, and 2008 for--
          (1) cooperative, cost-shared agreements between the 
        Department of Energy and domestic uranium producers to 
        identify, test, and develop improved in situ leaching mining 
        technologies, including low-cost environmental restoration 
        technologies that may be applied to sites after completion of 
        in situ leaching operations; and
          (2) funding for competitively selected demonstration projects 
        with domestic uranium producers relating to--
                  (A) enhanced production with minimal environmental 
                impacts;
                  (B) restoration of well fields; and
                  (C) decommissioning and decontamination activities.
  (b) Domestic Uranium Producer.--For purposes of this section, the 
term ``domestic uranium producer'' has the meaning given that term in 
section 1018(4) of the Energy Policy Act of 1992 (42 U.S.C. 2296b-
7(4)), except that the term shall not include any producer that has not 
produced uranium from domestic reserves on or after July 30, 1998.
  (c) Limitation.--No activities funded under this section may be 
carried out in the State of New Mexico.

Sec. 632. Whistleblower protection

  (a) Definition of Employer.--Section 211(a)(2) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended--
          (1) in subparagraph (C), by striking ``and'' at the end;
          (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and'' and
          (3) by adding at the end the following:
                  ``(E) a contractor or subcontractor of the 
                Commission.''.
  (b) De Novo Review.--Subsection (b) of such section 211 is amended by 
adding at the end the following new paragraph:
          ``(4) If the Secretary has not issued a final decision within 
        540 days after the filing of a complaint under paragraph (1), 
        and there is no showing that such delay is due to the bad faith 
        of the person seeking relief under this paragraph, such person 
        may bring an action at law or equity for de novo review in the 
        appropriate district court of the United States, which shall 
        have jurisdiction over such an action without regard to the 
        amount in controversy.''.

Sec. 633. Medical isotope production

  Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is 
amended--
          (1) in subsection a., by striking ``a. The Commission'' and 
        inserting ``a. In General.--Except as provided in subsection 
        b., the Commission'';
          (2) by redesignating subsection b. as subsection c.; and
          (3) by inserting after subsection a. the following:
  ``b. Medical Isotope Production.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Highly enriched uranium.--The term `highly 
                enriched uranium' means uranium enriched to include 
                concentration of U-235 above 20 percent.
                  ``(B) Medical isotope.--The term `medical isotope' 
                includes Molybdenum 99, Iodine 131, Xenon 133, and 
                other radioactive materials used to produce a 
                radiopharmaceutical for diagnostic, therapeutic 
                procedures or for research and development.
                  ``(C) Radiopharmaceutical.--The term 
                `radiopharmaceutical' means a radioactive isotope 
                that--
                          ``(i) contains byproduct material combined 
                        with chemical or biological material; and
                          ``(ii) is designed to accumulate temporarily 
                        in a part of the body for therapeutic purposes 
                        or for enabling the production of a useful 
                        image for use in a diagnosis of a medical 
                        condition.
                  ``(D) Recipient country.--The term `recipient 
                country' means Canada, Belgium, France, Germany, and 
                the Netherlands.
          ``(2) Licenses.--The Commission may issue a license 
        authorizing the export (including shipment to and use at 
        intermediate and ultimate consignees specified in the license) 
        to a recipient country of highly enriched uranium for medical 
        isotope production if, in addition to any other requirements of 
        this Act (except subsection a.), the Commission determines 
        that--
                  ``(A) a recipient country that supplies an assurance 
                letter to the United States Government in connection 
                with the consideration by the Commission of the export 
                license application has informed the United States 
                Government that any intermediate consignees and the 
                ultimate consignee specified in the application are 
                required to use the highly enriched uranium solely to 
                produce medical isotopes; and
                  ``(B) the highly enriched uranium for medical isotope 
                production will be irradiated only in a reactor in a 
                recipient country that--
                          ``(i) uses an alternative nuclear reactor 
                        fuel; or
                          ``(ii) is the subject of an agreement with 
                        the United States Government to convert to an 
                        alternative nuclear reactor fuel when 
                        alternative nuclear reactor fuel can be used in 
                        the reactor.
          ``(3) Review of physical protection requirements.--
                  ``(A) In general.--The Commission shall review the 
                adequacy of physical protection requirements that, as 
                of the date of an application under paragraph (2), are 
                applicable to the transportation and storage of highly 
                enriched uranium for medical isotope production or 
                control of residual material after irradiation and 
                extraction of medical isotopes.
                  ``(B) Imposition of additional requirements.--If the 
                Commission determines that additional physical 
                protection requirements are necessary (including a 
                limit on the quantity of highly enriched uranium that 
                may be contained in a single shipment), the Commission 
                shall impose such requirements as license conditions or 
                through other appropriate means.
          ``(4) First report to congress.--
                  ``(A) NAS study.--The Secretary shall enter into an 
                arrangement with the National Academy of Sciences to 
                conduct a study to determine--
                          ``(i) the feasibility of procuring supplies 
                        of medical isotopes from commercial sources 
                        that do not use highly enriched uranium;
                          ``(ii) the current and projected demand and 
                        availability of medical isotopes in regular 
                        current domestic use;
                          ``(iii) the progress that is being made by 
                        the Department of Energy and others to 
                        eliminate all use of highly enriched uranium in 
                        reactor fuel, reactor targets, and medical 
                        isotope production facilities; and
                          ``(iv) the potential cost differential in 
                        medical isotope production in the reactors and 
                        target processing facilities if the products 
                        were derived from production systems that do 
                        not involve fuels and targets with highly 
                        enriched uranium.
                  ``(B) Feasibility.--For the purpose of this 
                subsection, the use of low enriched uranium to produce 
                medical isotopes shall be determined to be feasible 
                if--
                          ``(i) low enriched uranium targets have been 
                        developed and demonstrated for use in the 
                        reactors and target processing facilities that 
                        produce significant quantities of medical 
                        isotopes to serve United States needs for such 
                        isotopes;
                          ``(ii) sufficient quantities of medical 
                        isotopes are available from low enriched 
                        uranium targets and fuel to meet United States 
                        domestic needs; and
                          ``(iii) the average anticipated total cost 
                        increase from production of medical isotopes in 
                        such facilities without use of highly enriched 
                        uranium is less than 10 percent.
                  ``(C) Report by the secretary.--Not later than 5 
                years after the date of enactment of the Energy Policy 
                Act of 2005, the Secretary shall submit to Congress a 
                report that--
                          ``(i) contains the findings of the National 
                        Academy of Sciences made in the study under 
                        subparagraph (A); and
                          ``(ii) discloses the existence of any 
                        commitments from commercial producers to 
                        provide domestic requirements for medical 
                        isotopes without use of highly enriched uranium 
                        consistent with the feasibility criteria 
                        described in subparagraph (B) not later than 
                        the date that is 4 years after the date of 
                        submission of the report.
          ``(5) Second report to congress.--If the study of the 
        National Academy of Sciences determines under paragraph 
        (4)(A)(i) that the procurement of supplies of medical isotopes 
        from commercial sources that do not use highly enriched uranium 
        is feasible, but the Secretary is unable to report the 
        existence of commitments under paragraph (4)(C)(ii), not later 
        than the date that is 6 years after the date of enactment of 
        the Energy Policy Act of 2005, the Secretary shall submit to 
        Congress a report that describes options for developing 
        domestic supplies of medical isotopes in quantities that are 
        adequate to meet domestic demand without the use of highly 
        enriched uranium consistent with the cost increase described in 
        paragraph (4)(B)(iii).
          ``(6) Certification.--At such time as commercial facilities 
        that do not use highly enriched uranium are capable of meeting 
        domestic requirements for medical isotopes, within the cost 
        increase described in paragraph (4)(B)(iii) and without 
        impairing the reliable supply of medical isotopes for domestic 
        utilization, the Secretary shall submit to Congress a 
        certification to that effect.
          ``(7) Sunset provision.--After the Secretary submits a 
        certification under paragraph (6), the Commission shall, by 
        rule, terminate its review of export license applications under 
        this subsection.''.

Sec. 634. Fernald byproduct material

   Title III of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10221 
et seq.) is amended by adding at the end the following new section:
                      ``fernald byproduct material
  ``Sec. 307. Notwithstanding any other law, the material in the 
concrete silos at the Fernald uranium processing facility managed on 
the date of enactment of this section by the Department shall be 
considered byproduct material (as defined by section 11 e.(2) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2))). The Department may 
dispose of the material in a facility regulated by the Commission or by 
an Agreement State. If the Department disposes of the material in such 
a facility, the Commission or the Agreement State shall regulate the 
material as byproduct material under that Act. This material shall 
remain subject to the jurisdiction of the Department until it is 
received at a commercial, Commission-licensed, or Agreement State-
licensed facility, at which time the material shall be subject to the 
health and safety requirements of the Commission or the Agreement State 
with jurisdiction over the disposal site.''.

Sec. 635. Safe disposal of greater-than-class c radioactive waste

   Subtitle D of title I of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10171) is amended by adding at the end the following new 
section:
       ``safe disposal of greater-than-class c radioactive waste
  ``Sec. 152. (a) Designation of Responsibility.--The Secretary shall 
designate an Office within the Department to have the responsibility 
for activities needed to develop a new, or use an existing, facility 
for safely disposing of all low-level radioactive waste with 
concentrations of radionuclides that exceed the limits established by 
the Commission for Class C radioactive waste (referred to in this 
section as `GTCC waste').
  ``(b) Comprehensive Plan.--The Secretary shall develop a 
comprehensive plan for permanent disposal of GTCC waste which includes 
plans for a disposal facility. This plan shall be transmitted to 
Congress in a series of reports, including the following:
          ``(1) Report on short-term plan.--Not later than 180 days 
        after the date of enactment of this section, the Secretary 
        shall submit to Congress a plan describing the Secretary's 
        operational strategy for continued recovery and storage of GTCC 
        waste until a permanent disposal facility is available.
          ``(2) Update of 1987 report.--
                  ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Secretary shall 
                submit to Congress an update of the Secretary's 
                February 1987 report submitted to Congress that made 
                comprehensive recommendations for the disposal of GTCC 
                waste.
                  ``(B) Contents.--The update under this paragraph 
                shall contain--
                          ``(i) a detailed description and 
                        identification of the GTCC waste that is to be 
                        disposed;
                          ``(ii) a description of current domestic and 
                        international programs, both Federal and 
                        commercial, for management and disposition of 
                        GTCC waste;
                          ``(iii) an identification of the Federal and 
                        private options and costs for the safe disposal 
                        of GTCC waste;
                          ``(iv) an identification of the options for 
                        ensuring that, wherever possible, generators 
                        and users of GTCC waste bear all reasonable 
                        costs of waste disposal;
                          ``(v) an identification of any new statutory 
                        authority required for disposal of GTCC waste; 
                        and
                          ``(vi) in coordination with the Environmental 
                        Protection Agency and the Commission, an 
                        identification of any new regulatory guidance 
                        needed for the disposal of GTCC waste.
          ``(3) Report on cost and schedule for completion of 
        environmental impact statement and record of decision.--Not 
        later than 180 days after the date of submission of the update 
        required under paragraph (2), the Secretary shall submit to 
        Congress a report containing an estimate of the cost and 
        schedule to complete a draft and final environmental impact 
        statement and to issue a record of decision for a permanent 
        disposal facility, utilizing either a new or existing facility, 
        for GTCC waste.''.

Sec. 636. Prohibition on nuclear exports to countries that sponsor 
                    terrorism

  (a) In General.--Section 129 of the Atomic Energy Act of 1954 (42 
U.S.C. 2158) is amended--
          (1) by inserting ``a.'' before ``No nuclear materials and 
        equipment''; and
          (2) by adding at the end the following new subsection:
  ``b.(1) Notwithstanding any other provision of law, including 
specifically section 121 of this Act, and except as provided in 
paragraphs (2) and (3), no nuclear materials and equipment or sensitive 
nuclear technology, including items and assistance authorized by 
section 57 b. of this Act and regulated under part 810 of title 10, 
Code of Federal Regulations, and nuclear-related items on the Commerce 
Control List maintained under part 774 of title 15 of the Code of 
Federal Regulations, shall be exported or reexported, or transferred or 
retransferred whether directly or indirectly, and no Federal agency 
shall issue any license, approval, or authorization for the export or 
reexport, or transfer, or retransfer, whether directly or indirectly, 
of these items or assistance (as defined in this paragraph) to any 
country whose government has been identified by the Secretary of State 
as engaged in state sponsorship of terrorist activities (specifically 
including any country the government of which has been determined by 
the Secretary of State under section 620A(a) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have 
repeatedly provided support for acts of international terrorism).
  ``(2) This subsection shall not apply to exports, reexports, 
transfers, or retransfers of radiation monitoring technologies, 
surveillance equipment, seals, cameras, tamper-indication devices, 
nuclear detectors, monitoring systems, or equipment necessary to safely 
store, transport, or remove hazardous materials, whether such items, 
services, or information are regulated by the Department of Energy, the 
Department of Commerce, or the Nuclear Regulatory Commission, except to 
the extent that such technologies, equipment, seals, cameras, devices, 
detectors, or systems are available for use in the design or 
construction of nuclear reactors or nuclear weapons.
  ``(3) The President may waive the application of paragraph (1) to a 
country if the President determines and certifies to Congress that the 
waiver will not result in any increased risk that the country receiving 
the waiver will acquire nuclear weapons, nuclear reactors, or any 
materials or components of nuclear weapons and--
          ``(A) the government of such country has not within the 
        preceding 12-month period willfully aided or abetted the 
        international proliferation of nuclear explosive devices to 
        individuals or groups or willfully aided and abetted an 
        individual or groups in acquiring unsafeguarded nuclear 
        materials;
          ``(B) in the judgment of the President, the government of 
        such country has provided adequate, verifiable assurances that 
        it will cease its support for acts of international terrorism;
          ``(C) the waiver of that paragraph is in the vital national 
        security interest of the United States; or
          ``(D) such a waiver is essential to prevent or respond to a 
        serious radiological hazard in the country receiving the waiver 
        that may or does threaten public health and safety.''.
  (b) Applicability to Exports Approved for Transfer but not 
Transferred.--Subsection b. of section 129 of Atomic Energy Act of 
1954, as added by subsection (a) of this section, shall apply with 
respect to exports that have been approved for transfer as of the date 
of the enactment of this Act but have not yet been transferred as of 
that date.

Sec. 638. National uranium stockpile

  The USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended by 
adding at the end the following new section:

``SEC. 3118. NATIONAL URANIUM STOCKPILE.

  ``(a) Stockpile Creation.--The Secretary of Energy may create a 
national low-enriched uranium stockpile with the goals to--
          ``(1) enhance national energy security; and
          ``(2) reduce global proliferation threats.
  ``(b) Source of Material.--The Secretary shall obtain material for 
the stockpile from--
          ``(1) material derived from blend-down of Russian highly 
        enriched uranium derived from weapons materials; and
          ``(2) domestically mined and enriched uranium.
  ``(c) Limitation on Sales or Transfers.--Sales or transfer of 
materials in the stockpile shall occur pursuant to section 3112.''.

Sec. 639. Nuclear Regulatory Commission meetings

  If a quorum of the Nuclear Regulatory Commission gathers to discuss 
official Commission business the discussions shall be recorded, and the 
Commission shall notify the public of such discussions within 15 days 
after they occur. The Commission shall promptly make a transcript of 
the recording available to the public on request, except to the extent 
that public disclosure is exempted or prohibited by law. This section 
shall not apply to a meeting, within the meaning of that term under 
section 552b(a)(2) of title 5, United States Code.

Sec. 640. Employee benefits

  Section 3110(a) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)) 
is amended by adding at the end the following new paragraph:
  ``(8) Continuity of Benefits.--Not later than 30 days after the date 
of enactment of this paragraph, the Secretary shall implement such 
actions as are necessary to ensure that any employee who--
          ``(A) is involved in providing infrastructure or 
        environmental remediation services at the Portsmouth, Ohio, or 
        the Paducah, Kentucky, Gaseous Diffusion Plant;
          ``(B) has been an employee of the Department of Energy's 
        predecessor management and integrating contractor (or its first 
        or second tier subcontractors), or of the Corporation, at the 
        Portsmouth, Ohio, or the Paducah, Kentucky, facility; and
          ``(C) was eligible as of April 1, 2005, to participate in or 
        transfer into the Multiple Employer Pension Plan or the 
        associated multiple employer retiree health care benefit plans, 
        as defined in those plans,
shall continue to be eligible to participate in or transfer into such 
pension or health care benefit plans.''.

         Subtitle C--Additional Hydrogen Production Provisions

Sec. 651. Hydrogen production programs

  (a) Advanced Reactor Hydrogen Cogeneration Project.--
          (1) Project establishment.-- The Secretary is directed to 
        establish an Advanced Reactor Hydrogen Cogeneration Project.
          (2) Project definition.-- The project shall consist of the 
        research, development, design, construction, and operation of a 
        hydrogen production cogeneration research facility that, 
        relative to the current commercial reactors, enhances safety 
        features, reduces waste production, enhances thermal 
        efficiencies, increases proliferation resistance, and has the 
        potential for improved economics and physical security in 
        reactor siting. This facility shall be constructed so as to 
        enable research and development on advanced reactors of the 
        type selected and on alternative approaches for reactor-based 
        production of hydrogen.
          (3) Project management.--
                  (A) Management.--The project shall be managed within 
                the Department by the Office of Nuclear Energy, 
                Science, and Technology.
                  (B) Lead laboratory.--The lead laboratory for the 
                project, providing the site for the reactor 
                construction, shall be the Idaho National Laboratory 
                (in this subsection referred to as ``INL'').
                  (C) Steering committee.--The Secretary shall 
                establish a national steering committee with membership 
                from the national laboratories, universities, and 
                industry to provide advice to the Secretary and the 
                Director of the Office of Nuclear Energy, Science, and 
                Technology on technical and program management aspects 
                of the project.
                  (D) Collaboration.--Project activities shall be 
                conducted at INL, other national laboratories, 
                universities, domestic industry, and international 
                partners.
          (4) Project requirements.--
                  (A) Research and development.--
                          (i) In general.--The project shall include 
                        planning, research and development, design, and 
                        construction of an advanced, next-generation, 
                        nuclear energy system suitable for enabling 
                        further research and development on advanced 
                        reactor technologies and alternative approaches 
                        for reactor-based generation of hydrogen.
                          (ii) Reactor test capabilities at inl.--The 
                        project shall utilize, where appropriate, 
                        extensive reactor test capabilities resident at 
                        INL.
                          (iii) Alternatives.--The project shall be 
                        designed to explore technical, environmental, 
                        and economic feasibility of alternative 
                        approaches for reactor-based hydrogen 
                        production.
                          (iv) Industrial lead.--The industrial lead 
                        for the project shall be a company incorporated 
                        in the United States.
                  (B) International collaboration.--
                          (i) In general.--The Secretary shall seek 
                        international cooperation, participation, and 
                        financial contribution in this project.
                          (ii) Assistance from international 
                        partners.--The Secretary may contract for 
                        assistance from specialists or facilities from 
                        member countries of the Generation IV 
                        International Forum, the Russian Federation, or 
                        other international partners where such 
                        specialists or facilities provide access to 
                        cost-effective and relevant skills or test 
                        capabilities.
                          (iii) Generation iv international forum.--
                        International activities shall be coordinated 
                        with the Generation IV International Forum.
                          (iv) Generation iv nuclear energy systems 
                        program.--The Secretary may combine this 
                        project with the Generation IV Nuclear Energy 
                        Systems Program.
                  (C) Demonstration.--The overall project, which may 
                involve demonstration of selected project objectives in 
                a partner nation, must demonstrate both electricity and 
                hydrogen production and may provide flexibility, where 
                technically and economically feasible in the design and 
                construction, to enable tests of alternative reactor 
                core and cooling configurations.
                  (D) Partnerships.--The Secretary shall establish 
                cost-shared partnerships with domestic industry or 
                international participants for the research, 
                development, design, construction, and operation of the 
                research facility, and preference in determining the 
                final project structure shall be given to an overall 
                project which retains United States leadership while 
                maximizing cost sharing opportunities and minimizing 
                Federal funding responsibilities.
                  (E) Target date.--The Secretary shall select 
                technologies and develop the project to provide initial 
                testing of either hydrogen production or electricity 
                generation by 2011, or provide a report to Congress 
                explaining why this date is not feasible.
                  (F) Waiver of construction timelines.--The Secretary 
                is authorized to conduct the Advanced Reactor Hydrogen 
                Cogeneration Project without the constraints of DOE 
                Order 413.3, relating to program and project management 
                for the acquisition of capital assets, as necessary to 
                meet the specified operational date.
                  (G) Competition.--The Secretary may fund up to 2 
                teams for up to 1 year to develop detailed proposals 
                for competitive evaluation and selection of a single 
                proposal and concept for further progress. The 
                Secretary shall define the format of the competitive 
                evaluation of proposals.
                  (H) Use of facilities.--Research facilities in 
                industry, national laboratories, or universities either 
                within the United States or with cooperating 
                international partners may be used to develop the 
                enabling technologies for the research facility. 
                Utilization of domestic university-based facilities 
                shall be encouraged to provide educational 
                opportunities for student development.
                  (I) Role of nuclear regulatory commission.--
                          (i) In general.--The Nuclear Regulatory 
                        Commission shall have licensing and regulatory 
                        authority for any reactor authorized under this 
                        subsection, pursuant to section 202 of the 
                        Energy Reorganization Act of 1974 (42 U.S.C. 
                        5842).
                          (ii) Risk-based criteria.--The Secretary 
                        shall seek active participation of the Nuclear 
                        Regulatory Commission throughout the project to 
                        develop risk-based criteria for any future 
                        commercial development of a similar reactor 
                        architecture.
                  (J) Report.--The Secretary shall develop and transmit 
                to Congress a comprehensive project plan not later than 
                3 months after the date of enactment of this Act. The 
                project plan shall be updated annually with each annual 
                budget submission.
  (b) Advanced Nuclear Reactor Technologies.--The Secretary shall--
          (1) prepare a detailed roadmap for carrying out the 
        provisions in this subtitle related to advanced nuclear reactor 
        technologies and for implementing the recommendations related 
        to advanced nuclear reactor technologies that are included in 
        the report transmitted under subsection (d); and
          (2) provide for the establishment of 5 projects in geographic 
        areas that are regionally and climatically diverse to 
        demonstrate the commercial production of hydrogen at existing 
        nuclear power plants, including one demonstration project at a 
        national laboratory or institution of higher education using an 
        advanced gas-cooled reactor.
  (c) Collocation With Hydrogen Production Facility.--Section 103 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2011) is amended by adding at 
the end the following new subsection:
  ``g. The Commission shall give priority to the licensing of a 
utilization facility that is collocated with a hydrogen production 
facility. The Commission shall issue a final decision approving or 
disapproving the issuance of a license to construct and operate a 
utilization facility not later than the expiration of 3 years after the 
date of the submission of such application, if the application 
references a Commission-certified design and an early site permit, 
unless the Commission determines that the applicant has proposed 
material and substantial changes to the design or the site design 
parameters.''.
  (d) Report.--The Secretary shall transmit to the Congress not later 
than 120 days after the date of enactment of this Act a report 
containing detailed summaries of the roadmaps prepared under subsection 
(b)(1), descriptions of the Secretary's progress in establishing the 
projects and other programs required under this section, and 
recommendations for promoting the availability of advanced nuclear 
reactor energy technologies for the production of hydrogen.
  (e) Authorization of Appropriations.--For the purpose of supporting 
research programs related to the development of advanced nuclear 
reactor technologies under this section, there are authorized to be 
appropriated to the Secretary--
          (1) $65,000,000 for fiscal year 2006;
          (2) $74,750,000 for fiscal year 2007;
          (3) $85,962,500 for fiscal year 2008;
          (4) $98,856,875 for fiscal year 2009;
          (5) $113,685,406 for fiscal year 2010;
          (6) $130,738,217 for fiscal year 2011;
          (7) $150,348,950 for fiscal year 2012;
          (8) $172,901,292 for fiscal year 2013;
          (9) $198,836,486 for fiscal year 2014; and
          (10) $228,661,959 for fiscal year 2015.

Sec. 652. Definitions

  For purposes of this subtitle--
          (1) the term ``advanced nuclear reactor technologies'' 
        means--
                  (A) technologies related to advanced light water 
                reactors that may be commercially available in the 
                near-term, including mid-sized reactors with passive 
                safety features, for the generation of electric power 
                from nuclear fission and the production of hydrogen; 
                and
                  (B) technologies related to other nuclear reactors 
                that may require prototype demonstration prior to 
                availability in the mid-term or long-term, including 
                high-temperature, gas-cooled reactors and liquid metal 
                reactors, for the generation of electric power from 
                nuclear fission and the production of hydrogen;
          (2) the term ``institution of higher education'' has the 
        meaning given to that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)); and
          (3) the term ``Secretary'' means the Secretary of Energy.

                      Subtitle D--Nuclear Security

Sec. 661. Nuclear facility threats

  (a) Study.--The President, in consultation with the Nuclear 
Regulatory Commission (referred to in this subtitle as the 
``Commission'') and other appropriate Federal, State, and local 
agencies and private entities, shall conduct a study to identify the 
types of threats that pose an appreciable risk to the security of the 
various classes of facilities licensed by the Commission under the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Such study shall 
take into account, but not be limited to--
          (1) the events of September 11, 2001;
          (2) an assessment of physical, cyber, biochemical, and other 
        terrorist threats;
          (3) the potential for attack on facilities by multiple 
        coordinated teams of a large number of individuals;
          (4) the potential for assistance in an attack from several 
        persons employed at the facility;
          (5) the potential for suicide attacks;
          (6) the potential for water-based and air-based threats;
          (7) the potential use of explosive devices of considerable 
        size and other modern weaponry;
          (8) the potential for attacks by persons with a sophisticated 
        knowledge of facility operations;
          (9) the potential for fires, especially fires of long 
        duration;
          (10) the potential for attacks on spent fuel shipments by 
        multiple coordinated teams of a large number of individuals;
          (11) the adequacy of planning to protect the public health 
        and safety at and around nuclear facilities, as appropriate, in 
        the event of a terrorist attack against a nuclear facility; and
          (12) the potential for theft and diversion of nuclear 
        materials from such facilities.
  (b) Summary and Classification Report.--Not later than 180 days after 
the date of the enactment of this Act, the President shall transmit to 
Congress and the Commission a report--
          (1) summarizing the types of threats identified under 
        subsection (a); and
          (2) classifying each type of threat identified under 
        subsection (a), in accordance with existing laws and 
        regulations, as either--
                  (A) involving attacks and destructive acts, including 
                sabotage, directed against the facility by an enemy of 
                the United States, whether a foreign government or 
                other person, or otherwise falling under the 
                responsibilities of the Federal Government; or
                  (B) involving the type of risks that Commission 
                licensees should be responsible for guarding against.
  (c) Federal Action Report.--Not later than 90 days after the date on 
which a report is transmitted under subsection (b), the President shall 
transmit to Congress a report on actions taken, or to be taken, to 
address the types of threats identified under subsection (b)(2)(A), 
including identification of the Federal, State, and local agencies 
responsible for carrying out the obligations and authorities of the 
United States. Such report may include a classified annex, as 
appropriate.
  (d) Regulations.--Not later than 180 days after the date on which a 
report is transmitted under subsection (b), the Commission may revise, 
by rule, the design basis threats issued before the date of enactment 
of this section as the Commission considers appropriate based on the 
summary and classification report.
  (e) Physical Security Program.--The Commission shall establish an 
operational safeguards response evaluation program that ensures that 
the physical protection capability and operational safeguards response 
for sensitive nuclear facilities, as determined by the Commission 
consistent with the protection of public health and the common defense 
and security, shall be tested periodically through Commission approved 
or designed, observed, and evaluated force-on-force exercises to 
determine whether the ability to defeat the design basis threat is 
being maintained. For purposes of this subsection, the term ``sensitive 
nuclear facilities'' includes at a minimum commercial nuclear power 
plants and category I fuel cycle facilities.
  (f) Control of Information.--Notwithstanding any other provision of 
law, the Commission may undertake any rulemaking under this subtitle in 
a manner that will fully protect safeguards and classified national 
security information.
  (g) Federal Security Coordinators.--
          (1) Regional offices.--Not later than 18 months after the 
        date of enactment of this Act, the Commission shall assign a 
        Federal security coordinator, under the employment of the 
        Commission, to each region of the Commission.
          (2) Responsibilities.--The Federal security coordinator shall 
        be responsible for--
                  (A) communicating with the Commission and other 
                Federal, State, and local authorities concerning 
                threats, including threats against such classes of 
                facilities as the Commission determines to be 
                appropriate;
                  (B) ensuring that such classes of facilities as the 
                Commission determines to be appropriate maintain 
                security consistent with the security plan in 
                accordance with the appropriate threat level; and
                  (C) assisting in the coordination of security 
                measures among the private security forces at such 
                classes of facilities as the Commission determines to 
                be appropriate and Federal, State, and local 
                authorities, as appropriate.
  (h) Training Program.--The President shall establish a program to 
provide technical assistance and training to Federal agencies, the 
National Guard, and State and local law enforcement and emergency 
response agencies in responding to threats against a designated nuclear 
facility.

Sec. 662. Fingerprinting for criminal history record checks

  (a) In General.--Subsection a. of section 149 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2169(a)) is amended--
          (1) by striking ``a. The Nuclear'' and all that follows 
        through ``section 147.'' and inserting the following:
  ``a. In General.--
          ``(1) Requirements.--
                  ``(A) In general.--The Commission shall require each 
                individual or entity--
                          ``(i) that is licensed or certified to engage 
                        in an activity subject to regulation by the 
                        Commission;
                          ``(ii) that has filed an application for a 
                        license or certificate to engage in an activity 
                        subject to regulation by the Commission; or
                          ``(iii) that has notified the Commission, in 
                        writing, of an intent to file an application 
                        for licensing, certification, permitting, or 
                        approval of a product or activity subject to 
                        regulation by the Commission,
                to fingerprint each individual described in 
                subparagraph (B) before the individual is permitted 
                unescorted access or access, whichever is applicable, 
                as described in subparagraph (B).
                  ``(B) Individuals required to be fingerprinted.--The 
                Commission shall require to be fingerprinted each 
                individual who--
                          ``(i) is permitted unescorted access to--
                                  ``(I) a utilization facility; or
                                  ``(II) radioactive material or other 
                                property subject to regulation by the 
                                Commission that the Commission 
                                determines to be of such significance 
                                to the public health and safety or the 
                                common defense and security as to 
                                warrant fingerprinting and background 
                                checks; or
                          ``(ii) is permitted access to safeguards 
                        information under section 147.'';
          (2) by striking ``All fingerprints obtained by a licensee or 
        applicant as required in the preceding sentence'' and inserting 
        the following:
          ``(2) Submission to the attorney general.--All fingerprints 
        obtained by an individual or entity as required in paragraph 
        (1)'';
          (3) by striking ``The costs of any identification and records 
        check conducted pursuant to the preceding sentence shall be 
        paid by the licensee or applicant.'' and inserting the 
        following:
          ``(3) Costs.--The costs of any identification and records 
        check conducted pursuant to paragraph (1) shall be paid by the 
        individual or entity required to conduct the fingerprinting 
        under paragraph (1)(A).''; and
          (4) by striking ``Notwithstanding any other provision of law, 
        the Attorney General may provide all the results of the search 
        to the Commission, and, in accordance with regulations 
        prescribed under this section, the Commission may provide such 
        results to the licensee or applicant submitting such 
        fingerprints.'' and inserting the following:
          ``(4) Provision to individual or entity required to conduct 
        fingerprinting.--Notwithstanding any other provision of law, 
        the Attorney General may provide all the results of the search 
        to the Commission, and, in accordance with regulations 
        prescribed under this section, the Commission may provide such 
        results to the individual or entity required to conduct the 
        fingerprinting under paragraph (1)(A).''.
  (b) Administration.--Subsection c. of section 149 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2169(c)) is amended--
          (1) by striking ``, subject to public notice and comment, 
        regulations--'' and inserting ``requirements--''; and
          (2) by striking, in paragraph (2)(B), ``unescorted access to 
        the facility of a licensee or applicant'' and inserting 
        ``unescorted access to a utilization facility, radioactive 
        material, or other property described in subsection a.(1)(B)''.
  (c) Biometric Methods.--Subsection d. of section 149 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2169(d)) is redesignated as subsection 
e., and the following is inserted after subsection c.:
  ``d. Use of Other Biometric Methods.--The Commission may satisfy any 
requirement for a person to conduct fingerprinting under this section 
using any other biometric method for identification approved for use by 
the Attorney General, after the Commission has approved the alternative 
method by rule.''.

Sec. 663. Use of firearms by security personnel of licensees and 
                    certificate holders of the Commission

   Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is 
amended by adding at the end the following subsection:
          ``(z)(1) notwithstanding section 922(o), (v), and (w) of 
        title 18, United States Code, or any similar provision of any 
        State law or any similar rule or regulation of a State or any 
        political subdivision of a State prohibiting the transfer or 
        possession of a handgun, a rifle or shotgun, a short-barreled 
        shotgun, a short-barreled rifle, a machinegun, a semiautomatic 
        assault weapon, ammunition for the foregoing, or a large 
        capacity ammunition feeding device, authorize security 
        personnel of licensees and certificate holders of the 
        Commission (including employees of contractors of licensees and 
        certificate holders) to receive, possess, transport, import, 
        and use 1 or more of those weapons, ammunition, or devices, if 
        the Commission determines that--
                  ``(A) such authorization is necessary to the 
                discharge of the security personnel's official duties; 
                and
                  ``(B) the security personnel--
                          ``(i) are not otherwise prohibited from 
                        possessing or receiving a firearm under Federal 
                        or State laws pertaining to possession of 
                        firearms by certain categories of persons;
                          ``(ii) have successfully completed 
                        requirements established through guidelines 
                        implementing this subsection for training in 
                        use of firearms and tactical maneuvers;
                          ``(iii) are engaged in the protection of--
                                  ``(I) facilities owned or operated by 
                                a Commission licensee or certificate 
                                holder that are designated by the 
                                Commission; or
                                  ``(II) radioactive material or other 
                                property owned or possessed by a person 
                                that is a licensee or certificate 
                                holder of the Commission, or that is 
                                being transported to or from a facility 
                                owned or operated by such a licensee or 
                                certificate holder, and that has been 
                                determined by the Commission to be of 
                                significance to the common defense and 
                                security or public health and safety; 
                                and
                          ``(iv) are discharging their official duties.
          ``(2) Such receipt, possession, transportation, importation, 
        or use shall be subject to--
                  ``(A) chapter 44 of title 18, United States Code, 
                except for section 922(a)(4), (o), (v), and (w);
                  ``(B) chapter 53 of title 26, United States Code, 
                except for section 5844; and
                  ``(C) a background check by the Attorney General, 
                based on fingerprints and including a check of the 
                system established under section 103(b) of the Brady 
                Handgun Violence Prevention Act (18 U.S.C. 922 note) to 
                determine whether the person applying for the authority 
                is prohibited from possessing or receiving a firearm 
                under Federal or State law.
          ``(3) This subsection shall become effective upon the 
        issuance of guidelines by the Commission, with the approval of 
        the Attorney General, to govern the implementation of this 
        subsection.
          ``(4) In this subsection, the terms `handgun', `rifle', 
        `shotgun', `firearm', `ammunition', `machinegun', 
        `semiautomatic assault weapon', `large capacity ammunition 
        feeding device', `short-barreled shotgun', and `short-barreled 
        rifle' shall have the meanings given those terms in section 
        921(a) of title 18, United States Code.''.

Sec. 664. Unauthorized introduction of dangerous weapons

   Section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

Sec. 665. Sabotage of nuclear facilities or fuel

  (a) In General.--Section 236 a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2284(a)) is amended--
          (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
          (2) in paragraph (3)--
                  (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                  (B) by striking ``or'' at the end;
          (3) in paragraph (4)--
                  (A) by striking ``facility licensed'' and inserting 
                ``, uranium conversion, or nuclear fuel fabrication 
                facility licensed or certified''; and
                  (B) by striking the comma at the end and inserting a 
                semicolon; and
          (4) by inserting after paragraph (4) the following:
          ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, uranium 
        conversion, or nuclear fuel fabrication facility subject to 
        licensing or certification under this Act during construction 
        of the facility, if the destruction or damage caused or 
        attempted to be caused could adversely affect public health and 
        safety during the operation of the facility;
          ``(6) any primary facility or backup facility from which a 
        radiological emergency preparedness alert and warning system is 
        activated; or
          ``(7) any radioactive material or other property subject to 
        regulation by the Nuclear Regulatory Commission that, before 
        the date of the offense, the Nuclear Regulatory Commission 
        determines, by order or regulation published in the Federal 
        Register, is of significance to the public health and safety or 
        to common defense and security,''.
  (b) Penalties.--Section 236 of the Atomic Energy Act of 1954 (42 
U.S.C. 2284) is amended by striking ``$10,000 or imprisoned for not 
more than 20 years, or both, and, if death results to any person, shall 
be imprisoned for any term of years or for life'' both places it 
appears and inserting ``$1,000,000 or imprisoned for up to life without 
parole''.

Sec. 666. Secure transfer of nuclear materials

  (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201-2210b) is amended by adding at the end the following new 
section:

``SEC. 170C. SECURE TRANSFER OF NUCLEAR MATERIALS.

  ``a. The Nuclear Regulatory Commission shall establish a system to 
ensure that materials described in subsection b., when transferred or 
received in the United States by any party pursuant to an import or 
export license issued pursuant to this Act, are accompanied by a 
manifest describing the type and amount of materials being transferred 
or received. Each individual receiving or accompanying the transfer of 
such materials shall be subject to a security background check 
conducted by appropriate Federal entities.
  ``b. Except as otherwise provided by the Commission by regulation, 
the materials referred to in subsection a. are byproduct materials, 
source materials, special nuclear materials, high-level radioactive 
waste, spent nuclear fuel, transuranic waste, and low-level radioactive 
waste (as defined in section 2(16) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(16))).''.
  (b) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, and from time to time thereafter as it considers 
necessary, the Nuclear Regulatory Commission shall issue regulations 
identifying radioactive materials or classes of individuals that, 
consistent with the protection of public health and safety and the 
common defense and security, are appropriate exceptions to the 
requirements of section 170C of the Atomic Energy Act of 1954, as added 
by subsection (a) of this section.
  (c) Effective Date.--The amendment made by subsection (a) shall take 
effect upon the issuance of regulations under subsection (b), except 
that the background check requirement shall become effective on a date 
established by the Commission.
  (d) Effect on Other Law.--Nothing in this section or the amendment 
made by this section shall waive, modify, or affect the application of 
chapter 51 of title 49, United States Code, part A of subtitle V of 
title 49, United States Code, part B of subtitle VI of title 49, United 
States Code, and title 23, United States Code.
  (e) Table of Sections Amendment.--The table of sections for chapter 
14 of the Atomic Energy Act of 1954 is amended by adding at the end the 
following new item:

``Sec. 170C. Secure transfer of nuclear materials.''.

Sec. 667. Department of Homeland Security consultation

   Before issuing a license for a utilization facility, the Nuclear 
Regulatory Commission shall consult with the Department of Homeland 
Security concerning the potential vulnerabilities of the location of 
the proposed facility to terrorist attack.

Sec. 668. Authorization of appropriations

  (a) In General.--There are authorized to be appropriated such sums as 
are necessary to carry out this subtitle and the amendments made by 
this subtitle.
  (b) Nuclear Regulatory Commission User Fees and Annual Charges.--
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 
U.S.C. 2214) is amended--
          (1) in subsection (a)--
                  (A) by striking ``Except as provided in paragraph 
                (3), the'' and inserting ``The'' in paragraph (1); and
                  (B) by striking paragraph (3); and
          (2) in subsection (c)--
                  (A) by striking ``and'' at the end of paragraph 
                (2)(A)(i);
                  (B) by striking the period at the end of paragraph 
                (2)(A)(ii) and inserting a semicolon;
                  (C) by adding at the end of paragraph (2)(A) the 
                following new clauses:
                          ``(iii) amounts appropriated to the 
                        Commission for the fiscal year for 
                        implementation of section 3116 of the Ronald W. 
                        Reagan National Defense Authorization Act for 
                        Fiscal Year 2005; and
                          ``(iv) amounts appropriated to the Commission 
                        for homeland security activities of the 
                        Commission for the fiscal year, except for the 
                        costs of fingerprinting and background checks 
                        required by section 149 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2169) and the costs of 
                        conducting security inspections.''; and
                  (D) by amending paragraph (2)(B)(v) to read as 
                follows:
                          ``(v) 90 percent for fiscal year 2005 and 
                        each fiscal year thereafter.''.
  (c) Repeal.--Section 7601 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (42 U.S.C. 2213) is repealed.

                     TITLE VII--VEHICLES AND FUELS

                     Subtitle A--Existing Programs

Sec. 701. Use of alternative fuels by dual-fueled vehicles

  Section 400AA(a)(3)(E) of the Energy Policy and Conservation Act (42 
U.S.C. 6374(a)(3)(E)) is amended to read as follows:
  ``(E)(i) Dual fueled vehicles acquired pursuant to this section shall 
be operated on alternative fuels unless the Secretary determines that 
an agency qualifies for a waiver of such requirement for vehicles 
operated by the agency in a particular geographic area in which--
          ``(I) the alternative fuel otherwise required to be used in 
        the vehicle is not reasonably available to retail purchasers of 
        the fuel, as certified to the Secretary by the head of the 
        agency; or
          ``(II) the cost of the alternative fuel otherwise required to 
        be used in the vehicle is unreasonably more expensive compared 
        to gasoline, as certified to the Secretary by the head of the 
        agency.
  ``(ii) The Secretary shall monitor compliance with this subparagraph 
by all such fleets and shall report annually to Congress on the extent 
to which the requirements of this subparagraph are being achieved. The 
report shall include information on annual reductions achieved from the 
use of petroleum-based fuels and the problems, if any, encountered in 
acquiring alternative fuels.''.

Sec. 704. Incremental cost allocation

  Section 303(c) of the Energy Policy Act of 1992 (42 U.S.C. 13212(c)) 
is amended by striking ``may'' and inserting ``shall''.

Sec. 705. Lease condensates

  (a) Lease Condensate Fuels.--Section 301 of the Energy Policy Act of 
1992 (42 U.S.C. 13211) is amended--
          (1) in paragraph (2), by inserting ``mixtures containing 50 
        percent or more by volume of lease condensate or fuels 
        extracted from lease condensate;'' after ``liquefied petroleum 
        gas;'';
          (2) in paragraph (13), by striking ``and'' at the end;
          (3) in paragraph (14)--
                  (A) by inserting ``mixtures containing 50 percent or 
                more by volume of lease condensate or fuels extracted 
                from lease condensate,'' after ``liquefied petroleum 
                gas,''; and
                  (B) by striking the period and inserting ``; and'';
          (4) by adding at the end the following:
          ``(15) the term `lease condensate' means a mixture, primarily 
        of pentanes and heavier hydrocarbons, that is recovered as a 
        liquid from natural gas in lease separation facilities.''.
  (b) Lease Condensate Use Credits.--
          (1) In general.--Title III of the Energy Policy Act of 1992 
        (42 U.S.C. 13211 et seq.) is amended by adding at the end the 
        following:

``SEC. 313. LEASE CONDENSATE USE CREDITS.

  ``(a) In General.--Subject to subsection (d), the Secretary shall 
allocate 1 credit under this section to a fleet or covered person for 
each qualifying volume of the lease condensate component of fuel 
containing at least 50 percent lease condensate, or fuels extracted 
from lease condensate, after the date of enactment of this section for 
use by the fleet or covered person in vehicles owned or operated by the 
fleet or covered person that weigh more than 8,500 pounds gross vehicle 
weight rating.
  ``(b) Requirements.--A credit allocated under this section--
          ``(1) shall be subject to the same exceptions, authority, 
        documentation, and use of credits that are specified for 
        qualifying volumes of biodiesel in section 312; and
          ``(2) shall not be considered a credit under section 508.
  ``(c) Regulation.--
          ``(1) In general.--Subject to subsection (d), not later than 
        January 1, 2006, after the collection of appropriate 
        information and data that consider usage options, uses in other 
        industries, products, or processes, potential volume 
        capacities, costs, air emissions, and fuel efficiencies, the 
        Secretary shall issue a regulation establishing requirements 
        and procedures for the implementation of this section.
          ``(2) Qualifying volume.--The regulation shall include a 
        determination of an appropriate qualifying volume for lease 
        condensate, except that in no case shall the Secretary 
        determine that the qualifying volume for lease condensate is 
        less than 1,125 gallons.
  ``(d) Applicability.--This section applies unless the Secretary finds 
that the use of lease condensate as an alternative fuel would adversely 
affect public health or safety or ambient air quality or the 
environment.''.
          (2) Table of contents amendment.--The table of contents of 
        the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is 
        amended by adding at the end of the items relating to title III 
        the following:

``Sec. 313. Lease condensate use credits.''.

  (c) Emergency Exemption.--Section 301 of the Energy Policy Act of 
1992 (42 U.S.C. 13211) is amended in paragraph (9)(E) by inserting 
before the semicolon at the end ``, including vehicles directly used in 
the emergency repair of transmission lines and in the restoration of 
electricity service following power outages, as determined by the 
Secretary''.

Sec. 706. Review of Energy Policy Act of 1992 programs

  (a) In General.--Not later than 180 days after the date of enactment 
of this section, the Secretary of Energy shall complete a study to 
determine the effect that titles III, IV, and V of the Energy Policy 
Act of 1992 (42 U.S.C. 13211 et seq.) have had on--
          (1) the development of alternative fueled vehicle technology;
          (2) the availability of that technology in the market; and
          (3) the cost of alternative fueled vehicles.
  (b) Topics.--As part of the study under subsection (a), the Secretary 
shall specifically identify--
          (1) the number of alternative fueled vehicles acquired by 
        fleets or covered persons required to acquire alternative 
        fueled vehicles;
          (2) the quantity, by type, of alternative fuel actually used 
        in alternative fueled vehicles acquired by fleets or covered 
        persons;
          (3) the quantity of petroleum displaced by the use of 
        alternative fuels in alternative fueled vehicles acquired by 
        fleets or covered persons;
          (4) the direct and indirect costs of compliance with 
        requirements under titles III, IV, and V of the Energy Policy 
        Act of 1992 (42 U.S.C. 13211 et seq.), including--
                  (A) vehicle acquisition requirements imposed on 
                fleets or covered persons;
                  (B) administrative and recordkeeping expenses;
                  (C) fuel and fuel infrastructure costs;
                  (D) associated training and employee expenses; and
                  (E) any other factors or expenses the Secretary 
                determines to be necessary to compile reliable 
                estimates of the overall costs and benefits of 
                complying with programs under those titles for fleets, 
                covered persons, and the national economy;
          (5) the existence of obstacles preventing compliance with 
        vehicle acquisition requirements and increased use of 
        alternative fuel in alternative fueled vehicles acquired by 
        fleets or covered persons; and
          (6) the projected impact of amendments to the Energy Policy 
        Act of 1992 made by this title.
  (c) Report.--Upon completion of the study under this section, the 
Secretary shall submit to Congress a report that describes the results 
of the study and includes any recommendations of the Secretary for 
legislative or administrative changes concerning the alternative fueled 
vehicle requirements under titles III, IV and V of the Energy Policy 
Act of 1992 (42 U.S.C. 13211 et seq.).

Sec. 707. Report concerning compliance with alternative fueled vehicle 
                    purchasing requirements

  Section 310(b)(1) of the Energy Policy Act of 1992 (42 U.S.C. 
13218(b)(1)) is amended by striking ``1 year after the date of 
enactment of this subsection'' and inserting ``February 15, 2006''.

  Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

                        PART 1--HYBRID VEHICLES

Sec. 711. Hybrid vehicles

  The Secretary of Energy shall accelerate efforts directed toward the 
improvement of batteries and other rechargeable energy storage systems, 
power electronics, hybrid systems integration, and other technologies 
for use in hybrid vehicles.

Sec. 712. Hybrid retrofit and electric conversion program

  (a) Establishment.--The Administrator of the Environmental Protection 
Agency, in consultation with the Secretary, shall establish a program 
for awarding grants on a competitive basis to entities for the 
installation of hybrid retrofit and electric conversion technologies 
for combustion engine vehicles.
  (b) Eligible Recipients.--A grant shall be awarded under this section 
only--
          (1) to a local or State governmental entity;
          (2) to a for-profit or nonprofit corporation or other person; 
        or
          (3) to 1 or more contracting entities that service combustion 
        engine vehicles for an entity described in paragraph (1) or 
        (2).
  (c) Awards.--
          (1) In general.--The Administrator shall seek, to the maximum 
        extent practicable, to ensure a broad geographic distribution 
        of grants under this section.
          (2) Preferences.--In making awards of grants under this 
        section, the Administrator shall give preference to proposals 
        that--
                  (A) will achieve the greatest reductions in emissions 
                per proposal or per vehicle; or
                  (B) involve the use of emissions control retrofit or 
                conversion technology.
  (d) Conditions of Grant.--A grant shall be provided under this 
section on the conditions that--
          (1) combustion engine vehicles on which hybrid retrofit or 
        conversion technology are to be demonstrated--
                  (A) with the retrofit or conversion technology 
                applied will achieve low-emission standards consistent 
                with the Voluntary National Low Emission Vehicle 
                Program for Light-Duty Vehicles and Light-Duty Trucks 
                (40 CFR Part 86) without model year restrictions; and
                  (B) will be used for a minimum of 3 years;
          (2) grant funds will be used for the purchase of hybrid 
        retrofit or conversion technology, including State taxes and 
        contract fees; and
          (3) grant recipients will provide at least 15 percent of the 
        total cost of the retrofit or conversion, including the 
        purchase of hybrid retrofit or conversion technology and all 
        necessary labor for installation of the retrofit or conversion.
  (e) Verification.--Not later than 90 days after the date of enactment 
of this Act, the Administrator shall publish in the Federal Register 
procedures to verify--
          (1) the hybrid retrofit or conversion technology to be 
        demonstrated; and
          (2) that grants are administered in accordance with this 
        section.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended--
          (1) $20,000,000 for fiscal year 2005;
          (2) $35,000,000 for fiscal year 2006;
          (3) $45,000,000 for fiscal year 2007; and
          (4) such sums as are necessary for each of fiscal years 2008 
        and 2009.

                       PART 2--ADVANCED VEHICLES

Sec. 721. Definitions

  In this part:
          (1) Alternative fueled vehicle.--
                  (A) In general.--The term ``alternative fueled 
                vehicle'' means a vehicle propelled solely on an 
                alternative fuel (as defined in section 301 of the 
                Energy Policy Act of 1992 (42 U.S.C. 13211)).
                  (B) Exclusion.--The term ``alternative fueled 
                vehicle'' does not include a vehicle that the Secretary 
                determines, by regulation, does not yield substantial 
                environmental benefits over a vehicle operating solely 
                on gasoline or diesel derived from fossil fuels.
          (2) Fuel cell vehicle.--The term ``fuel cell vehicle'' means 
        a vehicle propelled by an electric motor powered by a fuel cell 
        system that converts chemical energy into electricity by 
        combining oxygen (from air) with hydrogen fuel that is stored 
        on the vehicle or is produced onboard by reformation of a 
        hydrocarbon fuel. Such fuel cell system may or may not include 
        the use of auxiliary energy storage systems to enhance vehicle 
        performance.
          (3) Hybrid vehicle.--The term ``hybrid vehicle'' means a 
        medium or heavy duty vehicle propelled by an internal 
        combustion engine or heat engine using any combustible fuel and 
        an onboard rechargeable energy storage device.
          (4) Neighborhood electric vehicle.--The term ``neighborhood 
        electric vehicle'' means a motor vehicle that--
                  (A) meets the definition of a low-speed vehicle (as 
                defined in part 571 of title 49, Code of Federal 
                Regulations);
                  (B) meets the definition of a zero-emission vehicle 
                (as defined in section 86.1702-99 of title 40, Code of 
                Federal Regulations);
                  (C) meets the requirements of Federal Motor Vehicle 
                Safety Standard No. 500; and
                  (D) has a maximum speed of not greater than 25 miles 
                per hour.
          (5) Pilot program.--The term ``pilot program'' means the 
        competitive grant program established under section 722.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
          (7) Ultra-low sulfur diesel vehicle.--The term ``ultra-low 
        sulfur diesel vehicle'' means a vehicle manufactured in any of 
        model years 2004 through 2006 powered by a heavy-duty diesel 
        engine that--
                  (A) is fueled by diesel fuel that contains sulfur at 
                not more than 15 parts per million; and
                  (B) emits not more than the lesser of--
                          (i) for vehicles 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; or
                          (ii) the quantity of emissions of nonmethane 
                        hydrocarbons, oxides of nitrogen, and 
                        particulate matter of the best-performing 
                        technology of ultra-low sulfur diesel vehicles 
                        of the same class and application that are 
                        commercially available.

Sec. 722. Pilot program

  (a) Establishment.--The Secretary, in consultation with the Secretary 
of Transportation, shall establish a competitive grant pilot program, 
to be administered through the Clean Cities Program of the Department 
of Energy, to provide not more than 15 geographically dispersed project 
grants to State governments, local governments, or metropolitan 
transportation authorities to carry out a project or projects for the 
purposes described in subsection (b).
  (b) Grant Purposes.--A grant under this section may be used for the 
following purposes:
          (1) The acquisition of alternative fueled vehicles or fuel 
        cell vehicles, including--
                  (A) passenger vehicles (including neighborhood 
                electric vehicles); and
                  (B) motorized 2-wheel bicycles, scooters, or other 
                vehicles for use by law enforcement personnel or other 
                State or local government or metropolitan 
                transportation authority employees.
          (2) The acquisition of alternative fueled vehicles, hybrid 
        vehicles, or fuel cell vehicles, including--
                  (A) buses used for public transportation or 
                transportation to and from schools;
                  (B) delivery vehicles for goods or services; and
                  (C) ground support vehicles at public airports 
                (including vehicles to carry baggage or push or pull 
                airplanes toward or away from terminal gates).
          (3) The acquisition of ultra-low sulfur diesel vehicles.
          (4) Installation or acquisition of infrastructure necessary 
        to directly support an alternative fueled vehicle, fuel cell 
        vehicle, or hybrid vehicle project funded by the grant, 
        including fueling and other support equipment.
          (5) Operation and maintenance of vehicles, infrastructure, 
        and equipment acquired as part of a project funded by the 
        grant.
  (c) Applications.--
          (1) Requirements.--
                  (A) In general.--The Secretary shall issue 
                requirements for applying for grants under the pilot 
                program.
                  (B) Minimum requirements.--At a minimum, the 
                Secretary shall require that an application for a 
                grant--
                          (i) be submitted by the head of a State or 
                        local government or a metropolitan 
                        transportation authority, or any combination 
                        thereof, and a registered participant in the 
                        Clean Cities Program of the Department of 
                        Energy; and
                          (ii) include--
                                  (I) a description of the project 
                                proposed in the application, including 
                                how the project meets the requirements 
                                of this part;
                                  (II) an estimate of the ridership or 
                                degree of use of the project;
                                  (III) an estimate of the air 
                                pollution emissions reduced and fossil 
                                fuel displaced as a result of the 
                                project, and a plan to collect and 
                                disseminate environmental data, related 
                                to the project to be funded under the 
                                grant, over the life of the project;
                                  (IV) a description of how the project 
                                will be sustainable without Federal 
                                assistance after the completion of the 
                                term of the grant;
                                  (V) a complete description of the 
                                costs of the project, including 
                                acquisition, construction, operation, 
                                and maintenance costs over the expected 
                                life of the project;
                                  (VI) a description of which costs of 
                                the project will be supported by 
                                Federal assistance under this part; and
                                  (VII) 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 project, 
                                and a commitment by the applicant to 
                                use such fuel in carrying out the 
                                project.
          (2) Partners.--An applicant under paragraph (1) may carry out 
        a project under the pilot program in partnership with public 
        and private entities.
  (d) Selection Criteria.--In evaluating applications under the pilot 
program, the Secretary shall--
          (1) consider each applicant's previous experience with 
        similar projects; and
          (2) give priority consideration to applications that--
                  (A) are most likely to maximize protection of the 
                environment;
                  (B) demonstrate the greatest commitment on the part 
                of the applicant to ensure funding for the proposed 
                project and the greatest likelihood that the project 
                will be maintained or expanded after Federal assistance 
                under this part is completed; and
                  (C) exceed the minimum requirements of subsection 
                (c)(1)(B)(ii).
  (e) Pilot Project Requirements.--
          (1) Maximum amount.--The Secretary shall not provide more 
        than $20,000,000 in Federal assistance under the pilot program 
        to any applicant.
          (2) Cost sharing.--The Secretary shall not provide more than 
        50 percent of the cost, incurred during the period of the 
        grant, of any project under the pilot program.
          (3) Maximum period of grants.--The Secretary shall not fund 
        any applicant under the pilot program for more than 5 years.
          (4) Deployment and distribution.--The Secretary shall seek to 
        the maximum extent practicable to ensure a broad geographic 
        distribution of project sites.
          (5) Transfer of information and knowledge.--The Secretary 
        shall establish mechanisms to ensure that the information and 
        knowledge gained by participants in the pilot program are 
        transferred among the pilot program participants and to other 
        interested parties, including other applicants that submitted 
        applications.
  (f) Schedule.--
          (1) Publication.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register, Commerce Business Daily, and elsewhere as 
        appropriate, a request for applications to undertake projects 
        under the pilot program. Applications shall be due not later 
        than 180 days after the date of publication of the notice.
          (2) Selection.--Not later than 180 days after the date by 
        which applications for grants are due, the Secretary shall 
        select by competitive, peer reviewed proposal, 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 
nor more than 25 percent of the grant funding made available under this 
section for the acquisition of ultra-low sulfur diesel vehicles.

Sec. 723. Reports to Congress

  (a) Initial Report.--Not later than 60 days after the date on which 
grants are awarded under this part, the Secretary shall submit to 
Congress a report containing--
          (1) an identification of the grant recipients and a 
        description of the projects to be funded;
          (2) an identification of other applicants that submitted 
        applications for the pilot program; and
          (3) a description of the mechanisms used by the Secretary to 
        ensure that the information and knowledge gained by 
        participants in the pilot program are transferred among the 
        pilot program participants and to other interested parties, 
        including other applicants that submitted applications.
  (b) Evaluation.--Not later than 3 years after the date of enactment 
of this Act, and annually thereafter until the pilot program ends, the 
Secretary shall submit to Congress a report containing an evaluation of 
the effectiveness of the pilot program, including--
          (1) an assessment of the benefits to the environment derived 
        from the projects included in the pilot program; and
          (2) an estimate of the potential benefits to the environment 
        to be derived from widespread application of alternative fueled 
        vehicles and ultra-low sulfur diesel vehicles.

Sec. 724. Authorization of appropriations

  There are authorized to be appropriated to the Secretary to carry out 
this part $200,000,000, to remain available until expended.

                        PART 3--FUEL CELL BUSES

Sec. 731. Fuel cell transit bus demonstration

  (a) In General.--The Secretary of Energy, in consultation with the 
Secretary of Transportation, shall establish a transit bus 
demonstration program to make competitive, merit-based awards for 5-
year projects to demonstrate not more than 25 fuel cell transit buses 
(and necessary infrastructure) in 5 geographically dispersed 
localities.
  (b) Preference.--In selecting projects under this section, the 
Secretary of Energy shall give preference to projects that are most 
likely to mitigate congestion and improve air quality.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$10,000,000 for each of fiscal years 2006 through 2010.

                     Subtitle C--Clean School Buses

Sec. 741. Definitions

  In this subtitle:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          (2) Alternative fuel.--The term ``alternative fuel'' means 
        liquefied natural gas, compressed natural gas, liquefied 
        petroleum gas, hydrogen, propane, or methanol or ethanol at no 
        less than 85 percent by volume.
          (3) Alternative fuel school bus.--The term ``alternative fuel 
        school bus'' means a school bus that meets all of the 
        requirements of this subtitle and is operated solely on an 
        alternative fuel.
          (4) Emissions control retrofit technology.--The term 
        ``emissions control retrofit technology'' means a particulate 
        filter or other emissions control equipment that is verified or 
        certified by the Administrator or the California Air Resources 
        Board as an effective emission reduction technology when 
        installed on an existing school bus.
          (5) Idling.--The term ``idling'' means operating an engine 
        while remaining stationary for more than approximately 15 
        minutes, except that the term does not apply to routine 
        stoppages associated with traffic movement or congestion.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
          (7) Ultra-low sulfur diesel fuel.--The term ``ultra-low 
        sulfur diesel fuel'' means diesel fuel that contains sulfur at 
        not more than 15 parts per million.
          (8) Ultra-low sulfur diesel fuel school bus.--The term 
        ``ultra-low sulfur diesel fuel school bus'' means a school bus 
        that meets all of the requirements of this subtitle and is 
        operated solely on ultra-low sulfur diesel fuel.

Sec. 742. Program for replacement of certain school buses with clean 
                    school buses

  (a) Establishment.--The Administrator, in consultation with the 
Secretary and other appropriate Federal departments and agencies, shall 
establish a program for awarding grants on a competitive basis to 
eligible entities for the replacement of existing school buses 
manufactured before model year 1991 with alternative fuel school buses 
and ultra-low sulfur diesel fuel school buses.
  (b) Requirements.--
          (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator 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 
        instructions for the submission of grant applications and 
        certification requirements to ensure compliance with this 
        subtitle.
          (2) Application deadlines.--The requirements established 
        under paragraph (1) shall require submission of grant 
        applications not later than--
                  (A) in the case of the first year of program 
                implementation, the date that is 180 days after the 
                publication of the requirements in the Federal 
                Register; and
                  (B) in the case of each subsequent year, June 1 of 
                the year.
  (c) Eligible Recipients.--A grant shall be awarded under this section 
only--
          (1) to 1 or more local or State governmental entities 
        responsible for providing school bus service to 1 or more 
        public school systems or responsible for the purchase of school 
        buses;
          (2) to 1 or more contracting entities that provide school bus 
        service to 1 or more public school systems, if the grant 
        application is submitted jointly with the 1 or more school 
        systems to be served by the buses, except that the application 
        may provide that buses purchased using funds awarded shall be 
        owned, operated, and maintained exclusively by the 1 or more 
        contracting entities; or
          (3) to a nonprofit school transportation association 
        representing private contracting entities, if the association 
        has notified and received approval from the 1 or more school 
        systems to be served by the buses.
  (d) Award Deadlines.--
          (1) In general.--Subject to paragraph (2), the Administrator 
        shall award a grant made to a qualified applicant for a fiscal 
        year--
                  (A) in the case of the first fiscal year of program 
                implementation, not later than the date that is 90 days 
                after the application deadline established under 
                subsection (b)(2); and
                  (B) in the case of each subsequent fiscal year, not 
                later than August 1 of the fiscal year.
          (2) Insufficient number of qualified grant applications.--If 
        the Administrator does not receive a sufficient number of 
        qualified grant applications to meet the requirements of 
        subsection (i)(1) for a fiscal year, the Administrator shall 
        award a grant made to a qualified applicant under subsection 
        (i)(2) not later than September 30 of the fiscal year.
  (e) Types of Grants.--
          (1) In general.--A grant under this section shall be used for 
        the replacement of school buses manufactured before model year 
        1991 with alternative fuel school buses and ultra-low sulfur 
        diesel fuel school buses.
          (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 Administrator shall 
        give priority to applicants that propose to replace school 
        buses manufactured before model year 1977.
  (f) Conditions of Grant.--A grant provided under this section shall 
include the following conditions:
          (1) School bus fleet.--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) Use of funds.--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 fuel school buses, including State taxes 
                and contract fees associated with the acquisition of 
                such buses; and
                  (B) to provide--
                          (i) up to 20 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 25 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) Grant recipient funds.--The grant recipient shall be 
        required to provide at least--
                  (A) in the case of a grant recipient described in 
                paragraph (1) or (3) of subsection (c), the lesser of--
                          (i) an amount equal to 15 percent of the 
                        total cost of each bus received; or
                          (ii) $15,000 per bus; and
                  (B) in the case of a grant recipient described in 
                subsection (c)(2), the lesser of--
                          (i) an amount equal to 20 percent of the 
                        total cost of each bus received; or
                          (ii) $20,000 per bus.
          (4) Ultra-low sulfur diesel fuel.--In the case of a grant 
        recipient receiving a grant for ultra-low sulfur diesel fuel 
        school buses, the grant recipient shall be required to provide 
        documentation to the satisfaction of the Administrator 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.
          (5) Timing.--All alternative fuel school buses, ultra-low 
        sulfur diesel fuel school buses, or alternative fuel 
        infrastructure acquired under a grant awarded under this 
        section shall be purchased and placed in service as soon as 
        practicable.
  (g) Buses.--
          (1) In general.--Except as provided in paragraph (2), funding 
        under a grant made under this section for the acquisition of 
        new alternative fuel school buses or ultra-low sulfur diesel 
        fuel school buses shall only be used to acquire school buses--
                  (A) with a gross vehicle weight of greater than 
                14,000 pounds;
                  (B) that are powered by a heavy duty engine;
                  (C) in the case of alternative fuel school buses 
                manufactured in model years 2004 through 2006, that 
                emit not more than 1.8 grams per brake horsepower-hour 
                of nonmethane hydrocarbons and oxides of nitrogen and 
                .01 grams per brake horsepower-hour of particulate 
                matter; and
                  (D) in the case of ultra-low sulfur diesel fuel 
                school buses manufactured in model years 2004 through 
                2006, that emit not more than 2.5 grams per brake 
                horsepower-hour of nonmethane hydrocarbons and oxides 
                of nitrogen and .01 grams per brake horsepower-hour of 
                particulate matter.
          (2) Limitations.--A bus shall not be acquired under this 
        section that emits nonmethane hydrocarbons, oxides of nitrogen, 
        or particulate matter at a rate greater than the best 
        performing technology of the same class of ultra-low sulfur 
        diesel fuel school buses commercially available at the time the 
        grant is made.
  (h) Deployment and Distribution.--The Administrator shall--
          (1) seek, to the maximum extent practicable, to achieve 
        nationwide deployment of alternative fuel school buses and 
        ultra-low sulfur diesel fuel school buses through the program 
        under this section; and
          (2) 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) Allocation of Funds.--
          (1) In general.--Subject to paragraph (2), of the amount of 
        grant funding made available to carry out this section for any 
        fiscal year, the Administrator shall use--
                  (A) 70 percent for the acquisition of alternative 
                fuel school buses or supporting infrastructure; and
                  (B) 30 percent for the acquisition of ultra-low 
                sulfur diesel fuel school buses.
          (2) Insufficient number of qualified grant applications.--
        After the first fiscal year in which this program is in effect, 
        if the Administrator does not receive a sufficient number of 
        qualified grant applications to meet the requirements of 
        subparagraph (A) or (B) of paragraph (1) for a fiscal year, 
        effective beginning on August 1 of the fiscal year, the 
        Administrator shall make the remaining funds available to other 
        qualified grant applicants under this section.
  (j) Reduction of School Bus Idling.--Each local educational agency 
(as defined in section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801)) that receives Federal funds under the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
is encouraged to develop a policy, consistent with the health, safety, 
and welfare of students and the proper operation and maintenance of 
school buses, to reduce the incidence of unnecessary school bus idling 
at schools when picking up and unloading students.
  (k) Annual Report.--
          (1) In general.--Not later than January 31 of each year, the 
        Administrator shall transmit to Congress a report evaluating 
        implementation of the programs under this section and section 
        743.
          (2) Components.--The reports shall include a description of--
                  (A) the total number of grant applications received;
                  (B) the number and types of alternative fuel school 
                buses, ultra-low sulfur diesel fuel school buses, and 
                retrofitted buses requested in grant applications;
                  (C) grants awarded and the criteria used to select 
                the grant recipients;
                  (D) certified engine emission levels of all buses 
                purchased or retrofitted under the programs under this 
                section and section 743;
                  (E) an evaluation of the in-use emission level of 
                buses purchased or retrofitted under the programs under 
                this section and section 743; and
                  (F) any other information the Administrator considers 
                appropriate.
  (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended--
          (1) $45,000,000 for fiscal year 2005;
          (2) $65,000,000 for fiscal year 2006;
          (3) $90,000,000 for fiscal year 2007; and
          (4) such sums as are necessary for each of fiscal years 2008 
        and 2009.

Sec. 743. Diesel retrofit program

  (a) Establishment.--The Administrator, in consultation with the 
Secretary, shall establish a program for awarding grants on a 
competitive basis to entities for the installation of retrofit 
technologies for diesel school buses.
  (b) Eligible Recipients.--A grant shall be awarded under this section 
only--
          (1) to a local or State governmental entity responsible for 
        providing school bus service to 1 or more public school 
        systems;
          (2) to 1 or more contracting entities that provide school bus 
        service to 1 or more public school systems, if the grant 
        application is submitted jointly with the 1 or more school 
        systems that the buses will serve, except that the application 
        may provide that buses purchased using funds awarded shall be 
        owned, operated, and maintained exclusively by the 1 or more 
        contracting entities; or
          (3) to a nonprofit school transportation association 
        representing private contracting entities, if the association 
        has notified and received approval from the 1 or more school 
        systems to be served by the buses.
  (c) Awards.--
          (1) In general.--The Administrator shall seek, to the maximum 
        extent practicable, to ensure a broad geographic distribution 
        of grants under this section.
          (2) Preferences.--In making awards of grants under this 
        section, the Administrator shall give preference to proposals 
        that--
                  (A) will achieve the greatest reductions in emissions 
                of nonmethane hydrocarbons, oxides of nitrogen, or 
                particulate matter per proposal or per bus; or
                  (B) involve the use of emissions control retrofit 
                technology on diesel school buses that operate solely 
                on ultra-low sulfur diesel fuel.
  (d) Conditions of Grant.--A grant shall be provided under this 
section on the conditions that--
          (1) buses on which retrofit emissions-control technology are 
        to be demonstrated--
                  (A) will operate on ultra-low sulfur diesel fuel 
                where such fuel is reasonably available or required for 
                sale by State or local law or regulation;
                  (B) were manufactured in model year 1991 or later; 
                and
                  (C) will be used for the transportation of school 
                children to and from school for a minimum of 5 years;
          (2) grant funds will be used for the purchase of emission 
        control retrofit technology, including State taxes and contract 
        fees; and
          (3) grant recipients will provide at least 15 percent of the 
        total cost of the retrofit, including the purchase of emission 
        control retrofit technology and all necessary labor for 
        installation of the retrofit.
  (e) Verification.--Not later than 90 days after the date of enactment 
of this Act, the Administrator shall publish in the Federal Register 
procedures to verify--
          (1) the retrofit emissions-control technology to be 
        demonstrated;
          (2) that buses powered by ultra-low sulfur diesel fuel on 
        which retrofit emissions-control technology are to be 
        demonstrated will operate on diesel fuel containing not more 
        than 15 parts per million of sulfur; and
          (3) that grants are administered in accordance with this 
        section.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended--
          (1) $20,000,000 for fiscal year 2005;
          (2) $35,000,000 for fiscal year 2006;
          (3) $45,000,000 for fiscal year 2007; and
          (4) such sums as are necessary for each of fiscal years 2008 
        and 2009.

Sec. 744. Fuel cell school buses

  (a) Establishment.--The Secretary shall establish a program for 
entering into cooperative agreements--
          (1) with private sector fuel cell bus developers for the 
        development of fuel cell-powered school buses; and
          (2) 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) Reports to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall transmit to Congress a 
report that--
          (1) evaluates the process of converting natural gas 
        infrastructure to accommodate fuel cell-powered school buses; 
        and
          (2) assesses the results of the development and demonstration 
        program under this section.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $25,000,000 for 
the period of fiscal years 2005 through 2007.

                       Subtitle D--Miscellaneous

Sec. 751. Railroad efficiency

  (a) Establishment.--The Secretary of Energy shall, in cooperation 
with the Secretary of Transportation and the Administrator of the 
Environmental Protection Agency, establish a cost-shared, public-
private research partnership involving the Federal Government, railroad 
carriers, locomotive manufacturers and equipment suppliers, and the 
Association of American Railroads, to develop and demonstrate railroad 
locomotive technologies that increase fuel economy, reduce emissions, 
and lower costs of operation.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section--
          (1) $25,000,000 for fiscal year 2006;
          (2) $35,000,000 for fiscal year 2007; and
          (3) $50,000,000 for fiscal year 2008.

Sec. 752. Mobile emission reductions trading and crediting

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall submit to Congress a report on the experience of the 
Administrator with the trading of mobile source emission reduction 
credits for use by owners and operators of stationary source emission 
sources to meet emission offset requirements within a nonattainment 
area.
  (b) Contents.--The report shall describe--
          (1) projects approved by the Administrator that include the 
        trading of mobile source emission reduction credits for use by 
        stationary sources in complying with offset requirements, 
        including a description of--
                  (A) project and stationary sources location;
                  (B) volumes of emissions offset and traded;
                  (C) the sources of mobile emission reduction credits; 
                and
                  (D) if available, the cost of the credits;
          (2) the significant issues identified by the Administrator in 
        consideration and approval of trading in the projects;
          (3) the requirements for monitoring and assessing the air 
        quality benefits of any approved project;
          (4) the statutory authority on which the Administrator has 
        based approval of the projects;
          (5) an evaluation of how the resolution of issues in approved 
        projects could be used in other projects; and
          (6) any other issues that the Administrator considers 
        relevant to the trading and generation of mobile source 
        emission reduction credits for use by stationary sources or for 
        other purposes.

Sec. 753. Aviation fuel conservation and emissions

  (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
and the Administrator of the Environmental Protection Agency shall 
jointly initiate a study to identify--
          (1) the impact of aircraft emissions on air quality in 
        nonattainment areas; and
          (2) ways to promote fuel conservation measures for aviation 
        to--
                  (A) enhance fuel efficiency; and
                  (B) reduce emissions.
  (b) Focus.--The study under subsection (a) shall focus on how air 
traffic management inefficiencies, such as aircraft idling at airports, 
result in unnecessary fuel burn and air emissions.
  (c) Report.--Not later than 1 year after the date of the initiation 
of the study under subsection (a), the Administrator of the Federal 
Aviation Administration and the Administrator of the Environmental 
Protection Agency shall jointly submit to the Committee on Energy and 
Commerce and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and Transportation of the 
Senate a report that--
          (1) describes the results of the study; and
          (2) includes any recommendations on ways in which unnecessary 
        fuel use and emissions affecting air quality may be reduced--
                  (A) without adversely affecting safety and security 
                and increasing individual aircraft noise; and
                  (B) while taking into account all aircraft emissions 
                and the impact of the emissions on human health.

Sec. 754. Diesel fueled vehicles

  (a) Definition of Tier 2 Emission Standards.--In this section, the 
term ``tier 2 emission standards'' means the motor vehicle emission 
standards that apply to passenger cars, light trucks, and larger 
passenger vehicles manufactured after the 2003 model year, as issued on 
February 10, 2000, by the Administrator of the Environmental Protection 
Agency under sections 202 and 211 of the Clean Air Act (42 U.S.C. 7521, 
7545).
  (b) Diesel Combustion and After-Treatment Technologies.--The 
Secretary of Energy shall accelerate efforts to improve diesel 
combustion and after-treatment technologies for use in diesel fueled 
motor vehicles.
  (c) Goals.--The Secretary shall carry out subsection (b) with a view 
toward achieving the following goals:
          (1) Developing and demonstrating diesel technologies that, 
        not later than 2010, meet the following standards:
                  (A) Tier 2 emission standards.
                  (B) The heavy-duty emissions standards of 2007 that 
                are applicable to heavy-duty vehicles under regulations 
                issued by the Administrator of the Environmental 
                Protection Agency as of the date of enactment of this 
                Act.
          (2) Developing the next generation of low-emission, high 
        efficiency diesel engine technologies, including homogeneous 
        charge compression ignition technology.

Sec. 757. Biodiesel engine testing program

  (a) In General.--Not later that 180 days after the date of enactment 
of this Act, the Secretary shall initiate a partnership with diesel 
engine, diesel fuel injection system, and diesel vehicle manufacturers 
and diesel and biodiesel fuel providers, to include biodiesel testing 
in advanced diesel engine and fuel system technology.
  (b) Scope.--The program shall provide for testing to determine the 
impact of biodiesel from different sources on current and future 
emission control technologies, with emphasis on--
          (1) the impact of biodiesel on emissions warranty, in-use 
        liability, and antitampering provisions;
          (2) the impact of long-term use of biodiesel on engine 
        operations;
          (3) the options for optimizing these technologies for both 
        emissions and performance when switching between biodiesel and 
        diesel fuel; and
          (4) the impact of using biodiesel in these fueling systems 
        and engines when used as a blend with 2006 Environmental 
        Protection Agency-mandated diesel fuel containing a maximum of 
        15-parts-per-million sulfur content.
  (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall provide an interim report to Congress on 
the findings of the program, including a comprehensive analysis of 
impacts from biodiesel on engine operation for both existing and 
expected future diesel technologies, and recommendations for ensuring 
optimal emissions reductions and engine performance with biodiesel.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.
  (e) Definition.--For purposes of this section, the term ``biodiesel'' 
means a diesel fuel substitute produced from nonpetroleum renewable 
resources that meets the registration requirements for fuels and fuel 
additives established by the Environmental Protection Agency under 
section 211 of the Clean Air Act (42 U.S.C. 7545) and that meets the 
American Society for Testing and Materials D6751-02a Standard 
Specification for Biodiesel Fuel (B100) Blend Stock for Distillate 
Fuels.

Sec. 759. Ultra-efficient engine technology for aircraft

  (a) Ultra-Efficient Engine Technology Partnership.--The Secretary of 
Energy shall enter into a cooperative agreement with the National 
Aeronautics and Space Administration for the development of ultra-
efficient engine technology for aircraft.
  (b) Performance Objective.--The Secretary of Energy shall establish 
the following performance objectives for the program set forth in 
subsection (a):
          (1) A fuel efficiency increase of 10 percent.
          (2) A reduction in the impact of landing and takeoff nitrogen 
        oxides emissions on local air quality of 70 percent.
  (c) Authorization of Appropriations .--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$45,000,000 for each of the fiscal years 2006, 2007, 2008, 2009, and 
2010.

                   Subtitle E--Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and 
                    enforcement of fuel economy standards

  In addition to any other funds authorized by law, there are 
authorized to be appropriated to the National Highway Traffic Safety 
Administration to carry out its obligations with respect to average 
fuel economy standards $2,000,000 for each of fiscal years 2006 through 
2010.

Sec. 772. Revised considerations for decisions on maximum feasible 
                    average fuel economy

  Section 32902(f) of title 49, United States Code, is amended to read 
as follows:
  ``(f) Considerations for Decisions on Maximum Feasible Average Fuel 
Economy.--When deciding maximum feasible average fuel economy under 
this section, the Secretary of Transportation shall consider the 
following matters:
          ``(1) Technological feasibility.
          ``(2) Economic practicability.
          ``(3) The effect of other motor vehicle standards of the 
        Government on fuel economy.
          ``(4) The need of the United States to conserve energy.
          ``(5) The effects of fuel economy standards on passenger 
        automobiles, nonpassenger automobiles, and occupant safety.
          ``(6) The effects of compliance with average fuel economy 
        standards on levels of automobile industry employment in the 
        United States.''.

Sec. 773. Extension of maximum fuel economy increase for alternative 
                    fueled vehicles

  (a) Manufacturing Incentives.--Section 32905 of title 49, United 
States Code, is amended--
          (1) in each of subsections (b) and (d), by striking ``1993-
        2004'' and inserting ``1993-2010'';
          (2) in subsection (f), by striking ``2001'' and inserting 
        ``2007''; and
          (3) in subsection (f)(1), by striking ``2004'' and inserting 
        ``2010''.
  (b) Maximum Fuel Economy Increase.--Subsection (a)(1) of section 
32906 of title 49, United States Code, is amended--
          (1) in subparagraph (A), by striking ``the model years 1993-
        2004'' and inserting ``model years 1993-2010''; and
          (2) in subparagraph (B), by striking ``the model years 2005-
        2008'' and inserting ``model years 2011-2014''.

Sec. 774. Study of feasibility and effects of reducing use of fuel for 
                    automobiles

  (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the National Highway 
Traffic Safety Administration shall initiate a study of the feasibility 
and effects of reducing by model year 2014, by a significant 
percentage, the amount of fuel consumed by automobiles.
  (b) Subjects of Study.--The study under this section shall include--
          (1) examination of, and recommendation of alternatives to, 
        the policy under current Federal law of establishing average 
        fuel economy standards for automobiles and requiring each 
        automobile manufacturer to comply with average fuel economy 
        standards that apply to the automobiles it manufactures;
          (2) examination of how automobile manufacturers could 
        contribute toward achieving the reduction referred to in 
        subsection (a);
          (3) examination of the potential of fuel cell technology in 
        motor vehicles in order to determine the extent to which such 
        technology may contribute to achieving the reduction referred 
        to in subsection (a); and
          (4) examination of the effects of the reduction referred to 
        in subsection (a) on--
                  (A) gasoline supplies;
                  (B) the automobile industry, including sales of 
                automobiles manufactured in the United States;
                  (C) motor vehicle safety; and
                  (D) air quality.
  (c) Report.--The Administrator shall submit to Congress a report on 
the findings, conclusion, and recommendations of the study under this 
section by not later than 1 year after the date of the enactment of 
this Act.

                          TITLE VIII--HYDROGEN

Sec. 801. Definitions

  In this title:
          (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Hydrogen Technical and Fuel Cell Advisory Committee 
        established under section 805.
          (2) Department.--The term ``Department'' means the Department 
        of Energy.
          (3) Fuel cell.--The term ``fuel cell'' means a device that 
        directly converts the chemical energy of a fuel and an oxidant 
        into electricity by an electrochemical process taking place at 
        separate electrodes in the device.
          (4) Infrastructure.--The term ``infrastructure'' means the 
        equipment, systems, or facilities used to produce, distribute, 
        deliver, or store hydrogen.
          (5) Light duty vehicle.--The term ``light duty vehicle'' 
        means a car or truck classified by the Department of 
        Transportation as a Class I or IIA vehicle.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.

Sec. 802. Plan

  Not later than 6 months after the date of enactment of this Act, the 
Secretary shall transmit to Congress a coordinated plan for the 
programs described in this title and any other programs of the 
Department that are directly related to fuel cells or hydrogen. The 
plan shall describe, at a minimum--
          (1) the agenda for the next 5 years for the programs 
        authorized under this title, including the agenda for each 
        activity enumerated in section 803(a);
          (2) the types of entities that will carry out the activities 
        under this title and what role each entity is expected to play;
          (3) the milestones that will be used to evaluate the programs 
        for the next 5 years;
          (4) the most significant technical and nontechnical hurdles 
        that stand in the way of achieving the goals described in 
        section 803(b), and how the programs will address those 
        hurdles; and
          (5) the policy assumptions that are implicit in the plan, 
        including any assumptions that would affect the sources of 
        hydrogen or the marketability of hydrogen-related products.

Sec. 803. Programs

  (a) Activities.--The Secretary, in partnership with the private 
sector, shall conduct programs to address--
          (1) production of hydrogen from diverse energy sources, 
        including--
                  (A) fossil fuels, which may include carbon capture 
                and sequestration;
                  (B) hydrogen-carrier fuels (including ethanol and 
                methanol);
                  (C) renewable energy resources, including biomass; 
                and
                  (D) nuclear energy;
          (2) use of hydrogen for commercial, industrial, and 
        residential electric power generation;
          (3) safe delivery of hydrogen or hydrogen-carrier fuels, 
        including--
                  (A) transmission by pipeline and other distribution 
                methods; and
                  (B) convenient and economic refueling of vehicles 
                either at central refueling stations or through 
                distributed on-site generation;
          (4) advanced vehicle technologies, including--
                  (A) engine and emission control systems;
                  (B) energy storage, electric propulsion, and hybrid 
                systems;
                  (C) automotive materials; and
                  (D) other advanced vehicle technologies;
          (5) storage of hydrogen or hydrogen-carrier fuels, including 
        development of materials for safe and economic storage in 
        gaseous, liquid, or solid form at refueling facilities and 
        onboard vehicles;
          (6) development of safe, durable, affordable, and efficient 
        fuel cells, including fuel-flexible fuel cell power systems, 
        improved manufacturing processes, high-temperature membranes, 
        cost-effective fuel processing for natural gas, fuel cell stack 
        and system reliability, low temperature operation, and cold 
        start capability;
          (7) development, after consultation with the private sector, 
        of necessary codes and standards (including international codes 
        and standards and voluntary consensus standards adopted in 
        accordance with OMB Circular A-119) and safety practices for 
        the production, distribution, storage, and use of hydrogen, 
        hydrogen-carrier fuels, and related products;
          (8) a public education program to develop improved knowledge 
        and acceptability of hydrogen-based systems; and
          (9) the ability of domestic automobile manufacturers to 
        manufacture commercially available competitive hybrid vehicle 
        technologies in the United States.
  (b) Program Goals.--
          (1) Vehicles.--For vehicles, the goals of the program are--
                  (A) to enable a commitment by automakers no later 
                than year 2015 to offer safe, affordable, and 
                technically viable hydrogen fuel cell vehicles in the 
                mass consumer market; and
                  (B) to enable production, delivery, and acceptance by 
                consumers of model year 2020 hydrogen fuel cell and 
                other hydrogen-powered vehicles that will have--
                          (i) a range of at least 300 miles;
                          (ii) improved performance and ease of 
                        driving;
                          (iii) safety and performance comparable to 
                        vehicle technologies in the market; and
                          (iv) when compared to light duty vehicles in 
                        model year 2003--
                                  (I) fuel economy that is 
                                substantially higher;
                                  (II) substantially lower emissions of 
                                air pollutants; and
                                  (III) equivalent or improved vehicle 
                                fuel system crash integrity and 
                                occupant protection.
          (2) Hydrogen energy and energy infrastructure.--For hydrogen 
        energy and energy infrastructure, the goals of the program are 
        to enable a commitment not later than 2015 that will lead to 
        infrastructure by 2020 that will provide--
                  (A) safe and convenient refueling;
                  (B) improved overall efficiency;
                  (C) widespread availability of hydrogen from domestic 
                energy sources through--
                          (i) production, with consideration of 
                        emissions levels;
                          (ii) delivery, including transmission by 
                        pipeline and other distribution methods for 
                        hydrogen; and
                          (iii) storage, including storage in surface 
                        transportation vehicles;
                  (D) hydrogen for fuel cells, internal combustion 
                engines, and other energy conversion devices for 
                portable, stationary, and transportation applications; 
                and
                  (E) other technologies consistent with the 
                Department's plan.
          (3) Fuel cells.--The goals for fuel cells and their portable, 
        stationary, and transportation applications are to enable--
                  (A) safe, economical, and environmentally sound 
                hydrogen fuel cells;
                  (B) fuel cells for light duty and other vehicles; and
                  (C) other technologies consistent with the 
                Department's plan.
  (c) Demonstration.--In carrying out the programs under this section, 
the Secretary shall fund a limited number of demonstration projects, 
consistent with a determination of the maturity, cost-effectiveness, 
and environmental impacts of technologies supporting each project. In 
selecting projects under this subsection, the Secretary shall, to the 
extent practicable and in the public interest, select projects that--
          (1) involve using hydrogen and related products at existing 
        facilities or installations, such as existing office buildings, 
        military bases, vehicle fleet centers, transit bus authorities, 
        or units of the National Park System;
          (2) depend on reliable power from hydrogen to carry out 
        essential activities;
          (3) lead to the replication of hydrogen technologies and draw 
        such technologies into the marketplace;
          (4) include vehicle, portable, and stationary demonstrations 
        of fuel cell and hydrogen-based energy technologies;
          (5) address the interdependency of demand for hydrogen fuel 
        cell applications and hydrogen fuel infrastructure;
          (6) raise awareness of hydrogen technology among the public;
          (7) facilitate identification of an optimum technology among 
        competing alternatives;
          (8) address distributed generation using renewable sources; 
        and
          (9) address applications specific to rural or remote 
        locations, including isolated villages and islands, the 
        National Park System, and tribal entities.
The Secretary shall give preference to projects which address multiple 
elements contained in paragraphs (1) through (9).
  (d) Deployment.--In carrying out the programs under this section, the 
Secretary shall, in partnership with the private sector, conduct 
activities to facilitate the deployment of hydrogen energy and energy 
infrastructure, fuel cells, and advanced vehicle technologies.
  (e) Funding.--
          (1) In general.--The Secretary shall carry out the programs 
        under this section using a competitive, merit-based review 
        process and consistent with the generally applicable Federal 
        laws and regulations governing awards of financial assistance, 
        contracts, or other agreements.
          (2) Research centers.--Activities under this section may be 
        carried out by funding nationally recognized university-based 
        or Federal laboratory research centers.
  (f) Cost Sharing.--
          (1) Research and development.--Except as otherwise provided 
        in this title, for research and development programs carried 
        out under this title the Secretary shall require a commitment 
        from non-Federal sources of at least 20 percent of the cost of 
        the project. The Secretary may reduce or eliminate the non-
        Federal requirement under this paragraph if the Secretary 
        determines that the research and development is of a basic or 
        fundamental nature or involves technical analyses or 
        educational activities.
          (2) Demonstration and commercial application.--Except as 
        otherwise provided in this title, the Secretary shall require 
        at least 50 percent of the costs directly and specifically 
        related to any demonstration or commercial application project 
        under this title to be provided from non-Federal sources. The 
        Secretary may reduce the non-Federal requirement under this 
        paragraph if the Secretary determines that the reduction is 
        necessary and appropriate considering the technological risks 
        involved in the project and is necessary to meet the objectives 
        of this title.
          (3) Calculation of amount.--In calculating the amount of the 
        non-Federal commitment under paragraph (1) or (2), the 
        Secretary may include personnel, services, equipment, and other 
        resources.
          (4) Size of non-federal share.--The Secretary may consider 
        the size of the non-Federal share in selecting projects.
  (g) Disclosure.--Section 623 of the Energy Policy Act of 1992 (42 
U.S.C. 13293) relating to the protection of information shall apply to 
projects carried out through grants, cooperative agreements, or 
contracts under this title.

Sec. 804. Interagency task force

  (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the President shall establish an interagency 
task force chaired by the Secretary with representatives from each of 
the following:
          (1) The Office of Science and Technology Policy within the 
        Executive Office of the President.
          (2) The Department of Transportation.
          (3) The Department of Defense.
          (4) The Department of Commerce (including the National 
        Institute of Standards and Technology).
          (5) The Department of State.
          (6) The Environmental Protection Agency.
          (7) The National Aeronautics and Space Administration.
          (8) Other Federal agencies as the Secretary determines 
        appropriate.
  (b) Duties.--
          (1) Planning.--The interagency task force shall work toward--
                  (A) a safe, economical, and environmentally sound 
                fuel infrastructure for hydrogen and hydrogen-carrier 
                fuels, including an infrastructure that supports buses 
                and other fleet transportation;
                  (B) fuel cells in government and other applications, 
                including portable, stationary, and transportation 
                applications;
                  (C) distributed power generation, including the 
                generation of combined heat, power, and clean fuels 
                including hydrogen;
                  (D) uniform hydrogen codes, standards, and safety 
                protocols; and
                  (E) vehicle hydrogen fuel system integrity safety 
                performance.
          (2) Activities.--The interagency task force may organize 
        workshops and conferences, may issue publications, and may 
        create databases to carry out its duties. The interagency task 
        force shall--
                  (A) foster the exchange of generic, nonproprietary 
                information and technology among industry, academia, 
                and government;
                  (B) develop and maintain an inventory and assessment 
                of hydrogen, fuel cells, and other advanced 
                technologies, including the commercial capability of 
                each technology for the economic and environmentally 
                safe production, distribution, delivery, storage, and 
                use of hydrogen;
                  (C) integrate technical and other information made 
                available as a result of the programs and activities 
                under this title;
                  (D) promote the marketplace introduction of 
                infrastructure for hydrogen fuel vehicles; and
                  (E) conduct an education program to provide hydrogen 
                and fuel cell information to potential end-users.
  (c) Agency Cooperation.--The heads of all agencies, including those 
whose agencies are not represented on the interagency task force, shall 
cooperate with and furnish information to the interagency task force, 
the Advisory Committee, and the Department.

Sec. 805. Advisory Committee

  (a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory 
Committee is established to advise the Secretary on the programs and 
activities under this title.
  (b) Membership.--
          (1) Members.--The Advisory Committee shall be comprised of 
        not fewer than 12 nor more than 25 members. The members shall 
        be appointed by the Secretary to represent domestic industry, 
        academia, professional societies, government agencies, Federal 
        laboratories, previous advisory panels, and financial, 
        environmental, and other appropriate organizations based on the 
        Department's assessment of the technical and other 
        qualifications of committee members and the needs of the 
        Advisory Committee.
          (2) Terms.--The term of a member of the Advisory Committee 
        shall not be more than 3 years. The Secretary may appoint 
        members of the Advisory Committee in a manner that allows the 
        terms of the members serving at any time to expire at spaced 
        intervals so as to ensure continuity in the functioning of the 
        Advisory Committee. A member of the Advisory Committee whose 
        term is expiring may be reappointed.
          (3) Chairperson.--The Advisory Committee shall have a 
        chairperson, who is elected by the members from among their 
        number.
  (c) Review.--The Advisory Committee shall review and make 
recommendations to the Secretary on--
          (1) the implementation of programs and activities under this 
        title;
          (2) the safety, economical, and environmental consequences of 
        technologies for the production, distribution, delivery, 
        storage, or use of hydrogen energy and fuel cells; and
          (3) the plan under section 802.
  (d) Response.--
          (1) Consideration of recommendations.--The Secretary shall 
        consider, but need not adopt, any recommendations of the 
        Advisory Committee under subsection (c).
          (2) Biennial report.--The Secretary shall transmit a biennial 
        report to Congress describing any recommendations made by the 
        Advisory Committee since the previous report. The report shall 
        include a description of how the Secretary has implemented or 
        plans to implement the recommendations, or an explanation of 
        the reasons that a recommendation will not be implemented. The 
        report shall be transmitted along with the President's budget 
        proposal.
  (e) Support.--The Secretary shall provide resources necessary in the 
judgment of the Secretary for the Advisory Committee to carry out its 
responsibilities under this title.

Sec. 806. External review

  (a) Plan.--The Secretary shall enter into an arrangement with the 
National Academy of Sciences to review the plan prepared under section 
802, which shall be completed not later than 6 months after the Academy 
receives the plan. Not later than 45 days after receiving the review, 
the Secretary shall transmit the review to Congress along with a plan 
to implement the review's recommendations or an explanation of the 
reasons that a recommendation will not be implemented.
  (b) Additional Review.--The Secretary shall enter into an arrangement 
with the National Academy of Sciences under which the Academy will 
review the programs under section 803 during the fourth year following 
the date of enactment of this Act. The Academy's review shall include 
the research priorities and technical milestones, and evaluate the 
progress toward achieving them. The review shall be completed not later 
than 5 years after the date of enactment of this Act. Not later than 45 
days after receiving the review, the Secretary shall transmit the 
review to Congress along with a plan to implement the review's 
recommendations or an explanation for the reasons that a recommendation 
will not be implemented.

Sec. 807. Miscellaneous provisions

  (a) Representation.--The Secretary may represent the United States 
interests with respect to activities and programs under this title, in 
coordination with the Department of Transportation, the National 
Institute of Standards and Technology, and other relevant Federal 
agencies, before governments and nongovernmental organizations 
including--
          (1) other Federal, State, regional, and local governments and 
        their representatives;
          (2) industry and its representatives, including members of 
        the energy and transportation industries; and
          (3) in consultation with the Department of State, foreign 
        governments and their representatives including international 
        organizations.
  (b) Regulatory Authority.--Nothing in this title shall be construed 
to alter the regulatory authority of the Department.

Sec. 808. Savings clause

  Nothing in this title shall be construed to affect the authority of 
the Secretary of Transportation that may exist prior to the date of 
enactment of this Act with respect to--
          (1) research into, and regulation of, hydrogen-powered 
        vehicles fuel systems integrity, standards, and safety under 
        subtitle VI of title 49, United States Code;
          (2) regulation of hazardous materials transportation under 
        chapter 51 of title 49, United States Code;
          (3) regulation of pipeline safety under chapter 601 of title 
        49, United States Code;
          (4) encouragement and promotion of research, development, and 
        deployment activities relating to advanced vehicle technologies 
        under section 5506 of title 49, United States Code;
          (5) regulation of motor vehicle safety under chapter 301 of 
        title 49, United States Code;
          (6) automobile fuel economy under chapter 329 of title 49, 
        United States Code; or
          (7) representation of the interests of the United States with 
        respect to the activities and programs under the authority of 
        title 49, United States Code.

Sec. 809. Authorization of appropriations

  There are authorized to be appropriated to the Secretary to carry out 
this title, in addition to any amounts made available for these 
purposes under other Acts--
          (1) $546,000,000 for fiscal year 2006;
          (2) $750,000,000 for fiscal year 2007;
          (3) $850,000,000 for fiscal year 2008;
          (4) $900,000,000 for fiscal year 2009; and
          (5) $1,000,000,000 for fiscal year 2010.

Sec. 810. Solar and wind technologies

  (a) Solar Energy Technologies.--The Secretary shall--
          (1) prepare a detailed roadmap for carrying out the 
        provisions in this subtitle related to solar energy 
        technologies and for implementing the recommendations related 
        to solar energy technologies that are included in the report 
        transmitted under subsection (c);
          (2) provide for the establishment of 5 projects in geographic 
        areas that are regionally and climatically diverse to 
        demonstrate the production of hydrogen at solar energy 
        facilities, including one demonstration project at a national 
        laboratory or institution of higher education;
          (3) establish a research and development program--
                  (A) to develop optimized concentrating solar power 
                devices that may be used for the production of both 
                electricity and hydrogen; and
                  (B) to evaluate the use of thermochemical cycles for 
                hydrogen production at the temperatures attainable with 
                concentrating solar power devices;
          (4) coordinate with activities sponsored by the Department of 
        Energy's Office of Nuclear Energy, Science, and Technology on 
        high-temperature materials, thermochemical cycles, and economic 
        issues related to solar energy;
          (5) provide for the construction and operation of new 
        concentrating solar power devices or solar power cogeneration 
        facilities that produce hydrogen either concurrently with, or 
        independently of, the production of electricity;
          (6) support existing facilities and research programs 
        dedicated to the development and advancement of concentrating 
        solar power devices; and
          (7) establish a program--
                  (A) to research and develop methods that use 
                electricity from photovoltaic devices for the onsite 
                production of hydrogen, such that no intermediate 
                transmission or distribution infrastructure is required 
                or used and future demand growth may be accommodated;
                  (B) to evaluate the economics of small-scale 
                electrolysis for hydrogen production; and
                  (C) to research the potential of modular photovoltaic 
                devices for the development of a hydrogen 
                infrastructure, the security implications of a hydrogen 
                infrastructure, and the benefits potentially derived 
                from a hydrogen infrastructure.
  (b) Wind Energy Technologies.--The Secretary shall--
          (1) prepare a detailed roadmap for carrying out the 
        provisions in this subtitle related to wind energy technologies 
        and for implementing the recommendations related to wind energy 
        technologies that are included in the report transmitted under 
        subsection (c); and
          (2) provide for the establishment of 5 projects in geographic 
        areas that are regionally and climatically diverse to 
        demonstrate the production of hydrogen at existing wind energy 
        facilities, including one demonstration project at a national 
        laboratory or institution of higher education.
  (c) Program Support.--The Secretary shall support research programs 
at institutions of higher education for the development of solar energy 
technologies and wind energy technologies for the production of 
hydrogen. The research programs supported under this subsection shall--
          (1) enhance fellowship and faculty assistance programs;
          (2) provide support for fundamental research;
          (3) encourage collaborative research among industry, national 
        laboratories, and institutions of higher education;
          (4) support communication and outreach; and
          (5) to the greatest extent possible--
                  (A) be located in geographic areas that are 
                regionally and climatically diverse; and
                  (B) be located at part B institutions, minority 
                institutions, and institutions of higher education 
                located in States participating in the Experimental 
                Program to Stimulate Competitive Research of the 
                Department of Energy.
  (d) Institutions of Higher Education and National Laboratory 
Interactions.--In conjunction with the programs supported under this 
section, the Secretary shall develop sabbatical, fellowship, and 
visiting scientist programs to encourage national laboratories and 
institutions of higher education to share and exchange personnel.
  (e) Definitions.--For purposes of this section--
          (1) the term ``concentrating solar power devices'' means 
        devices that concentrate the power of the sun by reflection or 
        refraction to improve the efficiency of a photovoltaic or 
        thermal generation process;
          (2) the term ``institution of higher education'' has the 
        meaning given to that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a));
          (3) the term ``minority institution'' has the meaning given 
        to that term in section 365 of the Higher Education Act of 1965 
        (20 U.S.C. 1067k);
          (4) the term ``part B institution'' has the meaning given to 
        that term in section 322 of the Higher Education Act of 1965 
        (20 U.S.C. 1061); and
          (5) the term ``photovoltaic devices'' means devices that 
        convert light directly into electricity through a solid-state, 
        semiconductor process.

                 TITLE IX--STUDIES AND PROGRAM SUPPORT

Sec. 901. Goals

  (a) In General.--The Secretary shall conduct a balanced set of 
programs of study to support Federal energy policy and programs by the 
Department. Such programs shall be focused on--
          (1) increasing the efficiency of all energy intensive sectors 
        through conservation and improved technologies;
          (2) promoting diversity of energy supply;
          (3) decreasing the Nation's dependence on foreign energy 
        supplies;
          (4) improving United States energy security; and
          (5) decreasing the environmental impact of energy-related 
        activities.
  (b) Goals.--The Secretary shall publish measurable 5-year cost and 
performance-based goals with each annual budget submission in at least 
the following areas:
          (1) Energy efficiency for buildings, energy-consuming 
        industries, and vehicles.
          (2) Electric energy generation (including distributed 
        generation), transmission, and storage.
          (3) Renewable energy technologies including wind power, 
        photovoltaics, solar thermal systems, geothermal energy, 
        hydrogen-fueled systems, biomass-based systems, biofuels, and 
        hydropower.
          (4) Fossil energy including power generation, onshore and 
        offshore oil and gas resource recovery, and transportation.
          (5) Nuclear energy including programs for existing and 
        advanced reactors and education of future specialists.
  (c) Public Comment.--The Secretary shall provide mechanisms for input 
on the annually published goals from industry, university, and other 
public sources.
  (d) Effect of Goals.--
          (1) No new authority or requirement.--Nothing in subsection 
        (a) or the annually published goals shall--
                  (A) create any new--
                          (i) authority for any Federal agency; or
                          (ii) requirement for any other person;
                  (B) be used by a Federal agency to support the 
                establishment of regulatory standards or regulatory 
                requirements; or
                  (C) alter the authority of the Secretary to make 
                grants or other awards.
          (2) No limitation.--Nothing in this subsection shall be 
        construed to limit the authority of the Secretary to impose 
        conditions on grants or other awards based on the goals in 
        subsection (a) or any subsequent modification thereto.

Sec. 902. Definitions

  For purposes of this title:
          (1) Department.--The term ``Department'' means the Department 
        of Energy.
          (2) Departmental mission.--The term ``departmental mission'' 
        means any of the functions vested in the Secretary of Energy by 
        the Department of Energy Organization Act (42 U.S.C. 7101 et 
        seq.) or other law.
          (3) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given that term in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)).
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.

                     Subtitle A--Energy Efficiency

Sec. 904. Energy efficiency

  (a) In General.--The following sums are authorized to be appropriated 
to the Secretary for energy efficiency and conservation activities, 
including activities authorized under this subtitle:
          (1) For fiscal year 2006, $616,000,000.
          (2) For fiscal year 2007, $695,000,000.
          (3) For fiscal year 2008, $772,000,000.
          (4) For fiscal year 2009, $865,000,000.
          (5) For fiscal year 2010, $920,000,000.
  (b) Allocations.--From amounts authorized under subsection (a), the 
following sums are authorized:
          (1) For activities under section 905--
                  (A) for fiscal year 2006, $20,000,000;
                  (B) for fiscal year 2007, $30,000,000;
                  (C) for fiscal year 2008, $50,000,000;
                  (D) for fiscal year 2009, $50,000,000; and
                  (E) for fiscal year 2010, $50,000,000.
          (2) For activities under section 907--
                  (A) for fiscal year 2006, $4,000,000; and
                  (B) for each of fiscal years 2007 through 2010, 
                $7,000,000.
          (3) For activities under section 908--
                  (A) for fiscal year 2006, $20,000,000;
                  (B) for fiscal year 2007, $25,000,000;
                  (C) for fiscal year 2008, $30,000,000;
                  (D) for fiscal year 2009, $35,000,000; and
                  (E) for fiscal year 2010, $40,000,000.
          (4) For activities under section 909, $2,000,000 for each of 
        fiscal years 2007 through 2010.
  (c) Extended Authorization.--There are authorized to be appropriated 
to the Secretary for activities under section 905, $50,000,000 for each 
of fiscal years 2011 through 2015.
  (d) Limitation on Use of Funds.--None of the funds authorized to be 
appropriated under this section may be used for--
          (1) the issuance and implementation of energy efficiency 
        regulations;
          (2) the Weatherization Assistance Program under part A of 
        title IV of the Energy Conservation and Production Act (42 
        U.S.C. 6861 et seq.);
          (3) the State Energy Program under part D of title III of the 
        Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); or
          (4) the Federal Energy Management Program under part 3 of 
        title V of the National Energy Conservation Policy Act (42 
        U.S.C. 8251 et seq.).

Sec. 905. Next Generation Lighting Initiative

  (a) In General.--The Secretary shall carry out a Next Generation 
Lighting Initiative in accordance with this section to support 
activities related to advanced solid-state lighting technologies based 
on white light emitting diodes.
  (b) Objectives.--The objectives of the initiative shall be to develop 
advanced solid-state organic and inorganic lighting technologies based 
on white light emitting diodes that, compared to incandescent and 
fluorescent lighting technologies, are longer lasting; more energy-
efficient; and cost-competitive, and have less environmental impact.
  (c) Industry Alliance.--The Secretary shall, not later than 3 months 
after the date of enactment of this section, competitively select an 
Industry Alliance to represent participants that are private, for-
profit firms which, as a group, are broadly representative of United 
States solid state lighting expertise as a whole.
  (d) Study.--
          (1) In general.--The Secretary shall carry out the activities 
        of the Next Generation Lighting Initiative through 
        competitively awarded grants, including to Industry Alliance 
        participants, National Laboratories, and institutions of higher 
        education.
          (2) Assistance from the industry alliance.--The Secretary 
        shall annually solicit from the Industry Alliance--
                  (A) comments to identify solid-state lighting 
                technology needs;
                  (B) assessment of the progress of the Initiative's 
                research activities; and
                  (C) assistance in annually updating solid-state 
                lighting technology roadmaps.
          (3) Availability of information and roadmaps.--The 
        information and roadmaps under paragraph (2) shall be available 
        to the public and public response shall be solicited by the 
        Secretary.
  (e) Intellectual Property.--The Secretary may require, in accordance 
with the authorities provided in section 202(a)(ii) of title 35, United 
States Code, section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 
2182), and section 9 of the Federal Nonnuclear Energy Research and 
Development Act of 1974 (42 U.S.C. 5908), that--
          (1) for any new invention resulting from activities under 
        subsection (d)--
                  (A) the Industry Alliance members that are active 
                participants in research, development, and 
                demonstration activities related to the advanced solid-
                state lighting technologies that are the subject of 
                this section shall be granted first option to negotiate 
                with the invention owner nonexclusive licenses and 
                royalties for uses of the invention related to solid-
                state lighting on terms that are reasonable under the 
                circumstances; and
                  (B)(i) for 1 year after a United States patent is 
                issued for the invention, the patent holder shall not 
                negotiate any license or royalty with any entity that 
                is not a participant in the Industry Alliance described 
                in subparagraph (A); and
                  (ii) during the year described in clause (i), the 
                invention owner shall negotiate nonexclusive licenses 
                and royalties in good faith with any interested 
                participant in the Industry Alliance described in 
                subparagraph (A); and
          (2) such other terms as the Secretary determines are required 
        to promote accelerated commercialization of inventions made 
        under the Initiative.
  (f) National Academy Review.--The Secretary shall enter into an 
arrangement with the National Academy of Sciences to conduct periodic 
reviews of the Next Generation Lighting Initiative. The Academy shall 
review the priorities, technical milestones, and plans for technology 
transfer and progress towards achieving them. The Secretary shall 
consider the results of such reviews in evaluating the information 
obtained under subsection (d)(2).
  (g) Definitions.--As used in this section:
          (1) Advanced solid-state lighting.--The term ``advanced 
        solid-state lighting'' means a semiconducting device package 
        and delivery system that produces white light using externally 
        applied voltage.
          (2) Industry alliance.--The term ``Industry Alliance'' means 
        an entity selected by the Secretary under subsection (c).
          (3) White light emitting diode.--The term ``white light 
        emitting diode'' means a semiconducting package, utilizing 
        either organic or inorganic materials, that produces white 
        light using externally applied voltage.

Sec. 906. National Building Performance Initiative

  (a) Interagency Group.--Not later than 90 days after the date of 
enactment of this Act, the President shall establish an interagency 
group to develop, in coordination with the advisory committee 
established under subsection (e), a National Building Performance 
Initiative (in this section referred to as the ``Initiative''). The 
interagency group shall be co-chaired by appropriate officials of the 
Department and the Department of Commerce, who shall jointly arrange 
for the provision of necessary administrative support to the group.
  (b) Integration of Efforts.--The Initiative, working with the 
National Institute of Building Sciences, shall integrate Federal, 
State, and voluntary private sector efforts to reduce the costs of 
construction, operation, maintenance, and renovation of commercial, 
industrial, institutional, and residential buildings.
  (c) Department of Energy Role.--Within the Federal portion of the 
Initiative, the Department shall be the lead agency for all aspects of 
building performance related to use and conservation of energy.
  (d) Advisory Committee.--
          (1) Establishment.--The Secretary, in consultation with the 
        Secretary of Commerce and the Director of the Office of Science 
        and Technology Policy, shall establish an advisory committee 
        to--
                  (A) analyze and provide recommendations on potential 
                private sector roles and participation in the 
                Initiative; and
                  (B) review and provide recommendations on the plan 
                described in subsection (c).
          (2) Membership.--Membership of the advisory committee shall 
        include representatives with a broad range of appropriate 
        expertise, including expertise in--
                  (A) building technology;
                  (B) architecture, engineering, and building materials 
                and systems; and
                  (C) the residential, commercial, and industrial 
                sectors of the construction industry.
  (e) Construction.--Nothing in this section provides any Federal 
agency with new authority to regulate building performance.

Sec. 907. Secondary electric vehicle battery use program

  (a) Definitions.--For purposes of this section:
          (1) Associated equipment.--The term ``associated equipment'' 
        means equipment located where the batteries will be used that 
        is necessary to enable the use of the energy stored in the 
        batteries.
          (2) Battery.--The term ``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.
  (b) Program.--The Secretary shall establish and conduct a program of 
study for the secondary use of batteries if the Secretary finds that 
there are sufficient numbers of such batteries to support the program. 
The program shall be--
          (1) designed to demonstrate the use of batteries in secondary 
        applications, including utility and commercial power storage 
        and power quality;
          (2) structured to evaluate the performance, including useful 
        service life and costs, of such batteries in field operations, 
        and the necessary supporting infrastructure, including reuse 
        and disposal of batteries; and
          (3) coordinated with ongoing secondary battery use programs 
        at the National Laboratories and in industry.
  (c) Solicitation.--Not later than 180 days after the date of 
enactment of this Act, if the Secretary finds under subsection (b) that 
there are sufficient numbers of batteries to support the program, 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.
  (d) Selection of Proposals.--
          (1) In general.--The Secretary shall, not later than 90 days 
        after the closing date established by the Secretary for receipt 
        of proposals under subsection (c), select up to 5 proposals 
        which may receive financial assistance under this section, 
        subject to the availability of appropriations.
          (2) Diversity; environmental effect.--In selecting proposals, 
        the Secretary shall consider diversity of battery type, 
        geographic and climatic diversity, and life-cycle environmental 
        effects of the approaches.
          (3) Limitation.--No 1 project selected under this section 
        shall receive more than 25 percent of the funds authorized for 
        the program under this section.
          (4) Optimization of federal resources.--The Secretary shall 
        consider the extent of involvement of State or local government 
        and other persons in each demonstration project to optimize use 
        of Federal resources.
          (5) Other criteria.--The Secretary may consider such other 
        criteria as the Secretary considers appropriate.
  (e) Conditions.--The Secretary shall require that--
          (1) relevant information be provided to the Department, the 
        users of the batteries, the proposers, and the battery 
        manufacturers;
          (2) the proposer provide at least 50 percent of the costs 
        associated with the proposal; and
          (3) the proposer provide to the Secretary such information 
        regarding the disposal of the batteries as the Secretary may 
        require to ensure that the proposer disposes of the batteries 
        in accordance with applicable law.

Sec. 908. Energy efficiency study initiative

  (a) Establishment.--The Secretary shall establish an Energy 
Efficiency Science Initiative to be managed by the Assistant Secretary 
in the Department with responsibility for energy conservation under 
section 203(a)(9) of the Department of Energy Organization Act (42 
U.S.C. 7133(a)(9)), in consultation with the Director of the Office of 
Science, for grants to be competitively awarded and subject to peer 
review for studies relating to energy efficiency.
  (b) Report.--The Secretary shall submit to Congress, along with the 
President's annual budget request under section 1105(a) of title 31, 
United States Code, a report on the activities of the Energy Efficiency 
Science Initiative, including a description of the process used to 
award the funds and an explanation of how the studies relate to energy 
efficiency.

Sec. 909. Electric motor control technology

  The Secretary shall conduct a program of study on advanced control 
devices to improve the energy efficiency of electric motors used in 
heating, ventilation, air conditioning, and comparable systems.

       Subtitle B--Distributed Energy and Electric Energy Systems

Sec. 911. Distributed energy and electric energy systems

  (a) In General.--The following sums are authorized to be appropriated 
to the Secretary for distributed energy and electric energy systems 
activities, including activities authorized under this subtitle:
          (1) For fiscal year 2006, $190,000,000.
          (2) For fiscal year 2007, $200,000,000.
          (3) For fiscal year 2008, $220,000,000.
          (4) For fiscal year 2009, $240,000,000.
          (5) For fiscal year 2010, $260,000,000.
  (b) Micro-Cogeneration Energy Technology.--From amounts authorized 
under subsection (a), $20,000,000 for each of fiscal years 2006 and 
2007 is authorized for activities under section 914.

Sec. 913. High power density industry program

   The Secretary shall establish a comprehensive program of study to 
improve energy efficiency of high power density facilities, including 
data centers, server farms, and telecommunications facilities. Such 
program shall consider technologies that provide significant 
improvement in thermal controls, metering, load management, peak load 
reduction, or the efficient cooling of electronics.

Sec. 916. Reciprocating power

   The Secretary shall conduct a program of study regarding fuel system 
optimization and emissions reduction after-treatment technologies for 
industrial reciprocating engines. Such after-treatment technologies 
shall use processes that reduce emissions by recirculating exhaust 
gases and shall be designed to be retrofitted to any new or existing 
diesel or natural gas engine used for power generation, peaking power 
generation, combined heat and power, or compression.

Sec. 917. Advanced portable power devices

  (a) Program.--The Secretary shall--
          (1) establish a program to develop working models of small 
        scale portable power devices; and
          (2) to the fullest extent practicable, identify and utilize 
        the resources of universities that have shown expertise with 
        respect to advanced portable power devices for either civilian 
        or military use.
  (b) Organization.--The universities identified and utilized under 
subsection (a)(2) are authorized to establish an organization to 
promote small scale portable power devices.
  (c) Definition.--For purposes of this section, the term ``small scale 
portable power device'' means a field deployable portable mechanical or 
electromechanical device that can be used for applications such as 
communications, computation, mobility enhancement, weapons systems, 
optical devices, cooling, sensors, medical devices and active 
biological agent detection systems.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $8,000,000 
for the period encompassing fiscal years 2006 through 2010.

                      Subtitle C--Renewable Energy

Sec. 918. Renewable energy

  (a) In General.--The following sums are authorized to be appropriated 
to the Secretary for renewable energy activities, including activities 
authorized under this subtitle:
          (1) For fiscal year 2006, $480,000,000.
          (2) For fiscal year 2007, $550,000,000.
          (3) For fiscal year 2008, $610,000,000.
          (4) For fiscal year 2009, $659,000,000.
          (5) For fiscal year 2010, $710,000,000.
  (b) Bioenergy.--From the amounts authorized under subsection (a), the 
following sums are authorized to be appropriated to carry out section 
919:
          (1) For fiscal year 2006, $135,425,000.
          (2) For fiscal year 2007, $155,600,000.
          (3) For fiscal year 2008, $167,650,000.
          (4) For fiscal year 2009, $180,000,000.
          (5) For fiscal year 2010, $192,000,000.
  (c) Concentrating Solar Power.--From amounts authorized under 
subsection (a), the following sums are authorized to be appropriated to 
carry out section 920:
          (1) For fiscal year 2006, $20,000,000.
          (2) For fiscal year 2007, $40,000,000.
          (3) For each of fiscal years 2008, 2009, and 2010, 
        $50,000,000.
  (d) Public Buildings.--From the amounts authorized under subsection 
(a), $30,000,000 for each of the fiscal years 2006 through 2010 are 
authorized to be appropriated to carry out section 922.
  (e) Limits on Use of Funds.--
          (1) No funds for renewable support and implementation.--None 
        of the funds authorized to be appropriated under this section 
        may be used for Renewable Support and Implementation.
          (2) Grants.--Of the funds authorized under subsection (b), 
        not less than $5,000,000 for each fiscal year shall be made 
        available for grants to Historically Black Colleges and 
        Universities, Tribal Colleges, and Hispanic-Serving 
        Institutions.
          (3) Regional field verification program.--Of the funds 
        authorized under subsection (a), not less than $4,000,000 for 
        each fiscal year shall be made available for the Regional Field 
        Verification Program of the Department.
          (4) Off-stream pumped storage hydropower.--Of the funds 
        authorized under subsection (a), such sums as may be necessary 
        shall be made available for demonstration projects of off-
        stream pumped storage hydropower.
  (f) Consultation.--In carrying out this subtitle, the Secretary, in 
consultation with the Secretary of Agriculture, shall demonstrate the 
use of advanced wind power technology, including combined use with coal 
gasification; biomass; geothermal energy systems; and other renewable 
energy technologies to assist in delivering electricity to rural and 
remote locations.

Sec. 919. Bioenergy programs

  (a) Definitions.--For the purposes of this section:
          (1) The term ``agricultural byproducts'' includes waste 
        products, including poultry fat and poultry waste.
          (2) The term ``cellulosic biomass'' means any portion of a 
        crop containing lignocellulose or hemicellulose, including 
        barley grain, grapeseed, forest thinnings, rice bran, rice 
        hulls, rice straw, soybean matter, and sugarcane bagasse, or 
        any crop grown specifically for the purpose of producing 
        cellulosic feedstocks.
  (b) Program.--The Secretary shall conduct a program of study for 
bioenergy, including--
          (1) biopower energy systems;
          (2) biofuels;
          (3) bio-based products;
          (4) integrated biorefineries that may produce biopower, 
        biofuels, and bio-based products;
          (5) cross-cutting research and development in feedstocks and 
        enzymes; and
          (6) economic analysis.
  (c) Biofuels and Bio-Based Products.--The goals of the biofuels and 
bio-based products programs shall be to promote, in partnership with 
industry--
          (1) advanced biochemical and thermochemical conversion 
        technologies capable of making biofuels that are price-
        competitive with gasoline or diesel in either internal 
        combustion engines or fuel cell-powered vehicles, and bio-based 
        products from a variety of feedstocks, including grains, 
        cellulosic biomass, and other agricultural byproducts; and
          (2) advanced biotechnology processes capable of making 
        biofuels and bio-based products with emphasis on development of 
        biorefinery technologies using enzyme-based processing systems.

Sec. 920. Concentrating solar power study program

  (a) In General.--The Secretary shall conduct a program of study to 
evaluate the potential of concentrating solar power for hydrogen 
production, including cogeneration approaches for both hydrogen and 
electricity. Such program shall take advantage of existing facilities 
to the extent possible and shall include--
          (1) development of optimized technologies that are common to 
        both electricity and hydrogen production;
          (2) evaluation of thermochemical cycles for hydrogen 
        production at the temperatures attainable with concentrating 
        solar power;
          (3) evaluation of materials issues for the thermochemical 
        cycles described in paragraph (2);
          (4) system architectures and economics studies; and
          (5) coordination with activities in the Advanced Reactor 
        Hydrogen Cogeneration Project on high temperature materials, 
        thermochemical cycles, and economic issues.
  (b) Assessment.--In carrying out the program under this section, the 
Secretary shall--
          (1) assess conflicting guidance on the economic potential of 
        concentrating solar power for electricity production received 
        from the National Research Council report entitled ``Renewable 
        Power Pathways: A Review of the U.S. Department of Energy's 
        Renewable Energy Programs'' in 2000 and subsequent Department-
        funded reviews of that report; and
          (2) provide an assessment of the potential impact of the 
        technology before, or concurrent with, submission of the fiscal 
        year 2008 budget.
  (c) Report.--Not later than 5 years after the date of enactment of 
this Act, the Secretary shall provide a report to Congress on the 
economic and technical potential for electricity or hydrogen 
production, with or without cogeneration, with concentrating solar 
power.

Sec. 921. Miscellaneous projects

  The Secretary may conduct studies for--
          (1) ocean energy, including wave energy; and
          (2) the combined use of renewable energy technologies with 
        one another and with other energy technologies, including the 
        combined use of wind power and coal gasification technologies.

Sec. 922. Renewable energy in public buildings

  (a) Technology Transfer Program.--The Secretary shall establish a 
program for the transfer of innovative technologies for solar and other 
renewable energy sources in buildings owned or operated by a State or 
local government, and for the dissemination of information resulting 
from an assessment of such program to interested parties.
  (b) Limit on Federal Funding.--The Secretary shall provide under this 
section no more than 40 percent of the incremental costs of the solar 
or other renewable energy source project funded.
  (c) Requirement.--As part of the application for awards under this 
section, the Secretary shall require all applicants--
          (1) to demonstrate a continuing commitment to the use of 
        solar and other renewable energy sources in buildings they own 
        or operate; and
          (2) to state how they expect any award to further their 
        transition to the significant use of renewable energy.

Sec. 923. University biodiesel program

  (a) In General.--The Secretary shall establish a program regarding 
the feasibility of the operation of diesel electric power generators, 
using biodiesel fuels, with ratings as high as B100 at a university 
electric generation facility. The program shall examine--
          (1) heat rates of diesel fuels with large quantities of 
        cellulosic content;
          (2) the reliability of operation of various fuel blends;
          (3) performance in cold or freezing weather;
          (4) stability of fuel after extended storage; and
          (5) other criteria, as determined by the Secretary.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $400,000 to carry out subsection (a). 
Such funds shall remain available until expended.

                       Subtitle D--Nuclear Energy

Sec. 929. Alternatives to industrial radioactive sources

  (a) Study.--The Secretary shall conduct a study and provide a report 
to Congress not later than August 1, 2006. The study shall--
          (1) survey industrial applications of large radioactive 
        sources, including well-logging sources;
          (2) review current domestic and international Department, 
        Department of Defense, Department of State, and commercial 
        programs to manage and dispose of radioactive sources;
          (3) discuss disposal options and practices for currently 
        deployed or future sources and, if deficiencies are noted in 
        existing disposal options or practices for either deployed or 
        future sources, recommend options to remedy deficiencies; and
          (4) develop a program plan for research and development to 
        develop alternatives to large industrial sources that reduce 
        safety, environmental, or proliferation risks to either workers 
        using the sources or the public.
  (b) Program.--The Secretary shall establish a research and 
development program to implement the program plan developed under 
subsection (a)(4). The program shall include miniaturized particle 
accelerators for well-logging or other industrial applications and 
portable accelerators for production of short-lived radioactive 
materials at an industrial site.

Sec. 930. Geological isolation of spent fuel

  The Secretary shall conduct a study to determine the feasibility of 
deep borehole disposal of spent nuclear fuel and high-level radioactive 
waste. The study shall emphasize geological, chemical, and hydrological 
characterization of, and design of engineered structures for, deep 
borehole environments. Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit the study to 
Congress.

                       Subtitle E--Fossil Energy

                  PART I--STUDIES AND PROGRAM SUPPORT

Sec. 931. Fossil energy

  (a) In General.--The following sums are authorized to be appropriated 
to the Secretary for fossil energy activities, including activities 
authorized under this part:
          (1) For fiscal year 2006, $530,000,000.
          (2) For fiscal year 2007, $556,000,000.
          (3) For fiscal year 2008, $583,000,000.
          (4) For fiscal year 2009, $611,000,000.
          (5) For fiscal year 2010, $626,000,000.
  (b) Allocations.--From amounts authorized under subsection (a), the 
following sums are authorized:
          (1) For activities under section 932(b)(2), $28,000,000 for 
        each of the fiscal years 2006 through 2010.
          (2) For activities under section 934--
                  (A) for fiscal year 2006, $12,000,000;
                  (B) for fiscal year 2007, $15,000,000; and
                  (C) for each of fiscal years 2008 through 2010, 
                $20,000,000.
          (3) For activities under section 935--
                  (A) for fiscal year 2006, $259,000,000;
                  (B) for fiscal year 2007, $272,000,000;
                  (C) for fiscal year 2008, $285,000,000;
                  (D) for fiscal year 2009, $298,000,000; and
                  (E) for fiscal year 2010, $308,000,000.
          (4) For the Office of Arctic Energy under section 3197 of the 
        Floyd D. Spence National Defense Authorization Act for Fiscal 
        Year 2001 (42 U.S.C. 7144d), $25,000,000 for each of fiscal 
        years 2006 through 2010.
          (5) For activities under section 933, $4,000,000 for fiscal 
        year 2006 and $2,000,000 for each of fiscal years 2007 through 
        2010.
  (c) Extended Authorization.--There are authorized to be appropriated 
to the Secretary for the Office of Arctic Energy under section 3197 of 
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 
2001 (42 U.S.C. 7144d), $25,000,000 for each of fiscal years 2009 
through 2012.
  (d) Limits on Use of Funds.--
          (1) No funds for certain programs.--None of the funds 
        authorized under this section may be used for Fossil Energy 
        Environmental Restoration or Import/Export Authorization.
          (2) Institutions of higher education.--Of the funds 
        authorized under subsection (b)(2), not less than 20 percent of 
        the funds appropriated for each fiscal year shall be dedicated 
        to activities carried out at institutions of higher education.

Sec. 932. Oil and gas studies

  (a) Oil and Gas Studies.--The Secretary shall conduct a program of 
studies on oil and gas, including--
          (1) exploration and production;
          (2) gas hydrates;
          (3) reservoir life and extension;
          (4) transportation and distribution infrastructure;
          (5) ultraclean fuels;
          (6) heavy oil and oil shale;
          (7) related environmental research; and
          (8) compressed natural gas marine transport.
  (b) Fuel Cells.--
          (1) In general.--The Secretary shall conduct a program of 
        studies on fuel cells for low-cost, high-efficiency, fuel-
        flexible, modular power systems.
          (2) Improved manufacturing production and processes.--The 
        studies under paragraph (1) shall include fuel cell technology 
        for commercial, residential, and transportation applications, 
        and distributed generation systems, utilizing improved 
        manufacturing production and processes.
  (c) Natural Gas and Oil Deposits Report.--Not later than 2 years 
after the date of enactment of this Act, and every 2 years thereafter, 
the Secretary of the Interior, in consultation with other appropriate 
Federal agencies, shall transmit a report to Congress of the latest 
estimates of natural gas and oil reserves, reserves growth, and 
undiscovered resources in Federal and State waters off the coast of 
Louisiana and Texas.
  (d) Integrated Clean Power and Energy.--
          (1) National center or consortium of excellence.--The 
        Secretary shall establish a national center or consortium of 
        excellence in clean energy and power generation to address the 
        Nation's critical dependence on energy and the need to reduce 
        emissions.
          (2) Program.--The center or consortium shall conduct a 
        program integrating the following focus areas:
                  (A) Efficiency and reliability of gas turbines for 
                power generation.
                  (B) Reduction in emissions from power generation.
                  (C) Promotion of energy conservation issues.
                  (D) Effectively utilizing alternative fuels and 
                renewable energy.
                  (E) Advanced materials technology for oil and gas 
                exploration and utilization in harsh environments.
                  (F) Education on energy and power generation issues.

Sec. 933. Technology transfer

  The Secretary shall establish a competitive program to award a 
contract to a nonprofit entity for the purpose of transferring 
technologies developed with public funds. The entity selected under 
this section shall have experience in offshore oil and gas technology 
management, in the transfer of technologies developed with public funds 
to the offshore and maritime industry, and in management of an offshore 
and maritime industry consortium. The program consortium selected under 
section 942 shall not be eligible for selection under this section. 
When appropriate, the Secretary shall consider utilizing the entity 
selected under this section when implementing the activities authorized 
by section 975.

Sec. 934. Coal mining technologies

  (a) Establishment.--The Secretary shall carry out a program of 
studies on coal mining technologies. The Secretary shall cooperate with 
appropriate Federal agencies, coal producers, trade associations, 
equipment manufacturers, institutions of higher education with mining 
engineering departments, and other relevant entities.
  (b) Program.--The activities carried out under this section shall--
          (1) be guided by the mining priorities identified by the 
        Mining Industry of the Future Program and in the 
        recommendations from relevant reports of the National Academy 
        of Sciences on mining technologies; and
          (2) include activities exploring minimization of contaminants 
        in mined coal that contribute to environmental concerns.

Sec. 935. Coal and related technologies program

  (a) In General.--In addition to the programs authorized under title 
IV, the Secretary shall conduct a program of technology to study coal 
and power systems, including programs to facilitate production and 
generation of coal-based power through--
          (1) innovations for existing plants;
          (2) integrated gasification combined cycle;
          (3) advanced combustion systems;
          (4) turbines for synthesis gas derived from coal;
          (5) carbon capture and sequestration;
          (6) coal-derived transportation fuels and chemicals;
          (7) solid fuels and feedstocks;
          (8) advanced studies;
          (9) advanced separation technologies; and
          (10) a joint project for permeability enhancement in coals 
        for natural gas production and carbon dioxide sequestration.
  (b) Cost and Performance Goals.--In carrying out programs authorized 
by this section, the Secretary shall identify cost and performance 
goals for coal-based technologies that would permit the continued cost-
competitive use of coal for electricity generation, as chemical 
feedstocks, and as transportation fuel in 2007, 2015, and the years 
after 2020. In establishing such cost and performance goals, the 
Secretary shall--
          (1) consider activities and studies undertaken to date by 
        industry in cooperation with the Department in support of such 
        assessment;
          (2) consult with interested entities, including coal 
        producers, industries using coal, organizations to promote coal 
        and advanced coal technologies, environmental organizations, 
        and organizations representing workers;
          (3) not later than 120 days after the date of enactment of 
        this Act, publish in the Federal Register proposed draft cost 
        and performance goals for public comments; and
          (4) not later than 180 days after the date of enactment of 
        this Act and every 4 years thereafter, submit to Congress a 
        report describing final cost and performance goals for such 
        technologies that includes a list of technical milestones as 
        well as an explanation of how programs authorized in this 
        section will not duplicate the activities authorized under the 
        Clean Coal Power Initiative authorized under subtitle A of 
        title IV.

Sec. 936. Complex Well Technology Testing Facility

  The Secretary, in coordination with industry leaders in extended 
research drilling technology, shall establish a Complex Well Technology 
Testing Facility at the Rocky Mountain Oilfield Testing Center to 
increase the range of extended drilling technologies.

   PART II--ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER 
                          PETROLEUM RESOURCES

Sec. 941. Program authority

  (a) In General.--The Secretary shall carry out a program under this 
part regarding technologies for ultra-deepwater and unconventional 
natural gas and other petroleum resource exploration and production, 
including addressing the technology challenges for small producers, 
safe operations, and environmental mitigation (including reduction of 
greenhouse gas emissions and sequestration of carbon).
  (b) Program Elements.--The program under this part shall address the 
following areas, including improving safety and minimizing 
environmental impacts of activities within each area:
          (1) Ultra-deepwater technology, including drilling to 
        formations in the Outer Continental Shelf to depths greater 
        than 15,000 feet.
          (2) Ultra-deepwater architecture.
          (3) Unconventional natural gas and other petroleum resource 
        exploration and production technology, including the technology 
        challenges of small producers.
  (c) Limitation on Location of Field Activities.--Field activities 
under the program under this part shall be carried out only--
          (1) in--
                  (A) areas in the territorial waters of the United 
                States not under any Outer Continental Shelf moratorium 
                as of September 30, 2002;
                  (B) areas onshore in the United States on public land 
                administered by the Secretary of the Interior available 
                for oil and gas leasing, where consistent with 
                applicable law and land use plans; and
                  (C) areas onshore in the United States on State or 
                private land, subject to applicable law; and
          (2) with the approval of the appropriate Federal or State 
        land management agency or private land owner.
  (d) Consultation With Secretary of the Interior.--In carrying out 
this part, the Secretary shall consult regularly with the Secretary of 
the Interior.

Sec. 942. Ultra-deepwater Program

  (a) In General.--The Secretary shall carry out the activities under 
section 941(a), to maximize the use of the ultra-deepwater natural gas 
and other petroleum resources of the United States by increasing the 
supply of such resources, through reducing the cost and increasing the 
efficiency of exploration for and production of such resources, while 
improving safety and minimizing environmental impacts.
  (b) Role of the Secretary.--The Secretary shall have ultimate 
responsibility for, and oversight of, all aspects of the program under 
this section.
  (c) Role of the Program Consortium.--
          (1) In general.--The Secretary may contract with a consortium 
        to--
                  (A) manage awards pursuant to subsection (f)(4);
                  (B) make recommendations to the Secretary for project 
                solicitations;
                  (C) disburse funds awarded under subsection (f) as 
                directed by the Secretary in accordance with the annual 
                plan under subsection (e); and
                  (D) carry out other activities assigned to the 
                program consortium by this section.
          (2) Limitation.--The Secretary may not assign any activities 
        to the program consortium except as specifically authorized 
        under this section.
          (3) Conflict of interest.--
                  (A) Procedures.--The Secretary shall establish 
                procedures--
                          (i) to ensure that each board member, 
                        officer, or employee of the program consortium 
                        who is in a decision-making capacity under 
                        subsection (f)(3) or (4) shall disclose to the 
                        Secretary any financial interests in, or 
                        financial relationships with, applicants for or 
                        recipients of awards under this section, 
                        including those of his or her spouse or minor 
                        child, unless such relationships or interests 
                        would be considered to be remote or 
                        inconsequential; and
                          (ii) to require any board member, officer, or 
                        employee with a financial relationship or 
                        interest disclosed under clause (i) to recuse 
                        himself or herself from any review under 
                        subsection (f)(3) or oversight under subsection 
                        (f)(4) with respect to such applicant or 
                        recipient.
                  (B) Failure to comply.--The Secretary may disqualify 
                an application or revoke an award under this section if 
                a board member, officer, or employee has failed to 
                comply with procedures required under subparagraph 
                (A)(ii).
  (d) Selection of the Program Consortium.--
          (1) In general.--The Secretary shall select the program 
        consortium through an open, competitive process.
          (2) Members.--The program consortium may include 
        corporations, trade associations, institutions of higher 
        education, National Laboratories, or other research 
        institutions. After submitting a proposal under paragraph (4), 
        the program consortium may not add members without the consent 
        of the Secretary.
          (3) Tax status.--The program consortium shall be an entity 
        that is exempt from tax under section 501(c)(3) of the Internal 
        Revenue Code of 1986.
          (4) Schedule.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall solicit proposals 
        from eligible consortia to perform the duties in subsection 
        (c)(1), which shall be submitted not later than 360 days after 
        the date of enactment of this Act. The Secretary shall select 
        the program consortium not later than 18 months after such date 
        of enactment.
          (5) Application.--Applicants shall submit a proposal 
        including such information as the Secretary may require. At a 
        minimum, each proposal shall--
                  (A) list all members of the consortium;
                  (B) fully describe the structure of the consortium, 
                including any provisions relating to intellectual 
                property; and
                  (C) describe how the applicant would carry out the 
                activities of the program consortium under this 
                section.
          (6) Criterion.--The Secretary shall consider the amount of 
        the fee an applicant proposes to receive under subsection (g) 
        in selecting a consortium under this section.
  (e) Annual Plan.--
          (1) In general.--The program under this section shall be 
        carried out pursuant to an annual plan prepared by the 
        Secretary in accordance with paragraph (2).
          (2) Development.--
                  (A) Solicitation of recommendations.--Before drafting 
                an annual plan under this subsection, the Secretary 
                shall solicit specific written recommendations from the 
                program consortium for each element to be addressed in 
                the plan, including those described in paragraph (4). 
                The Secretary may request that the program consortium 
                submit its recommendations in the form of a draft 
                annual plan.
                  (B) Submission of recommendations; other comment.--
                The Secretary shall submit the recommendations of the 
                program consortium under subparagraph (A) to the Ultra-
                Deepwater Advisory Committee established under section 
                945(a) for review, and such Advisory Committee shall 
                provide to the Secretary written comments by a date 
                determined by the Secretary. The Secretary may also 
                solicit comments from any other experts.
                  (C) Consultation.--The Secretary shall consult 
                regularly with the program consortium throughout the 
                preparation of the annual plan.
          (3) Publication.--The Secretary shall transmit to Congress 
        and publish in the Federal Register the annual plan, along with 
        any written comments received under paragraph (2)(A) and (B).
          (4) Contents.--The annual plan shall describe the ongoing and 
        prospective activities of the program under this section and 
        shall include--
                  (A) a list of any solicitations for awards that the 
                Secretary plans to issue to carry out research, 
                development, demonstration, or commercial application 
                activities, including the topics for such work, who 
                would be eligible to apply, selection criteria, and the 
                duration of awards; and
                  (B) a description of the activities expected of the 
                program consortium to carry out subsection (f)(4).
          (5) Estimates of increased royalty receipts.--The Secretary, 
        in consultation with the Secretary of the Interior, shall 
        provide an annual report to Congress with the President's 
        budget on the estimated cumulative increase in Federal royalty 
        receipts (if any) resulting from the implementation of this 
        part. The initial report under this paragraph shall be 
        submitted in the first President's budget following the 
        completion of the first annual plan required under this 
        subsection.
  (f) Awards.--
          (1) In general.--The Secretary shall make awards to carry out 
        activities under the program under this section. The program 
        consortium shall not be eligible to receive such awards, but 
        members of the program consortium may receive such awards.
          (2) Proposals.--The Secretary shall solicit proposals for 
        awards under this subsection in such manner and at such time as 
        the Secretary may prescribe, in consultation with the program 
        consortium.
          (3) Review.--The Secretary shall make awards under this 
        subsection through a competitive process, which shall include a 
        review by individuals selected by the Secretary. Such 
        individuals shall include, for each application, Federal 
        officials, the program consortium, and non-Federal experts who 
        are not board members, officers, or employees of the program 
        consortium or of a member of the program consortium.
          (4) Oversight.--
                  (A) In general.--The program consortium shall oversee 
                the implementation of awards under this subsection, 
                consistent with the annual plan under subsection (e), 
                including disbursing funds and monitoring activities 
                carried out under such awards for compliance with the 
                terms and conditions of the awards.
                  (B) Effect.--Nothing in subparagraph (A) shall limit 
                the authority or responsibility of the Secretary to 
                oversee awards, or limit the authority of the Secretary 
                to review or revoke awards.
                  (C) Provision of information.--The Secretary shall 
                provide to the program consortium the information 
                necessary for the program consortium to carry out its 
                responsibilities under this paragraph.
  (g) Administrative Costs.--
          (1) In general.--To compensate the program consortium for 
        carrying out its activities under this section, the Secretary 
        shall provide to the program consortium funds sufficient to 
        administer the program. This compensation may include a 
        management fee consistent with Department of Energy contracting 
        practices and procedures.
          (2) Advance.--The Secretary shall advance funds to the 
        program consortium upon selection of the consortium, which 
        shall be deducted from amounts to be provided under paragraph 
        (1).
  (h) Audit.--The Secretary shall retain an independent, commercial 
auditor to determine the extent to which funds provided to the program 
consortium, and funds provided under awards made under subsection (f), 
have been expended in a manner consistent with the purposes and 
requirements of this part. The auditor shall transmit a report annually 
to the Secretary, who shall transmit the report to Congress, along with 
a plan to remedy any deficiencies cited in the report.

Sec. 943. Unconventional natural gas and other petroleum resources 
                    Program

  (a) In General.--The Secretary shall carry out activities under 
subsection 941(b)(3), to maximize the use of the onshore unconventional 
natural gas and other petroleum resources of the United States, by 
increasing the supply of such resources, through reducing the cost and 
increasing the efficiency of exploration for and production of such 
resources, while improving safety and minimizing environmental impacts.
  (b) Awards.--
          (1) In general.--The Secretary shall carry out this section 
        through awards to consortia made through an open, competitive 
        process. As a condition of award of funds, qualified consortia 
        shall--
                  (A) demonstrate capability and experience in 
                unconventional onshore natural gas or other petroleum 
                technologies;
                  (B) provide a research plan that demonstrates how 
                additional natural gas or oil production will be 
                achieved; and
                  (C) at the request of the Secretary, provide 
                technical advice to the Secretary for the purposes of 
                developing the annual plan required under subsection 
                (e).
          (2) Production potential.--The Secretary shall seek to ensure 
        that the number and types of awards made under this subsection 
        have reasonable potential to lead to additional oil and natural 
        gas production on Federal lands.
          (3) Schedule.--To carry out this subsection, not later than 
        180 days after the date of enactment of this Act, the Secretary 
        shall solicit proposals from consortia, which shall be 
        submitted not later than 360 days after the date of enactment 
        of this Act. The Secretary shall select the first group of 
        research consortia to receive awards under this subsection not 
        later than 18 months after such date of enactment.
  (c) Audit.--The Secretary shall retain an independent, commercial 
auditor to determine the extent to which funds provided under awards 
made under this section have been expended in a manner consistent with 
the purposes and requirements of this part. The auditor shall transmit 
a report annually to the Secretary, who shall transmit the report to 
Congress, along with a plan to remedy any deficiencies cited in the 
report.
  (d) Focus Areas for Awards.--
          (1) Unconventional resources.--Awards from allocations under 
        section 949(d)(2) shall focus on areas including advanced 
        coalbed methane, deep drilling, natural gas production from 
        tight sands, natural gas production from gas shales, stranded 
        gas, innovative exploration and production techniques, enhanced 
        recovery techniques, and environmental mitigation of 
        unconventional natural gas and other petroleum resources 
        exploration and production.
          (2) Small producers.--Awards from allocations under section 
        949(d)(3) shall be made to consortia consisting of small 
        producers or organized primarily for the benefit of small 
        producers, and shall focus on areas including complex geology 
        involving rapid changes in the type and quality of the oil and 
        gas reservoirs across the reservoir; low reservoir pressure; 
        unconventional natural gas reservoirs in coalbeds, deep 
        reservoirs, tight sands, or shales; and unconventional oil 
        reservoirs in tar sands and oil shales.
  (e) Annual Plan.--
          (1) In general.--The program under this section shall be 
        carried out pursuant to an annual plan prepared by the 
        Secretary in accordance with paragraph (2).
          (2) Development.--
                  (A) Written recommendations.--Before drafting an 
                annual plan under this subsection, the Secretary shall 
                solicit specific written recommendations from the 
                consortia receiving awards under subsection (b) and the 
                Unconventional Resources Technology Advisory Committee 
                for each element to be addressed in the plan, including 
                those described in subparagraph (D).
                  (B) Consultation.--The Secretary shall consult 
                regularly with the consortia throughout the preparation 
                of the annual plan.
                  (C) Publication.--The Secretary shall transmit to 
                Congress and publish in the Federal Register the annual 
                plan, along with any written comments received under 
                subparagraph (A).
                  (D) Contents.--The annual plan shall describe the 
                ongoing and prospective activities under this section 
                and shall include a list of any solicitations for 
                awards that the Secretary plans to issue to carry out 
                activities, including the topics for such work, who 
                would be eligible to apply, selection criteria, and the 
                duration of awards.
          (3) Estimates of increased royalty receipts.--The Secretary, 
        in consultation with the Secretary of the Interior, shall 
        provide an annual report to Congress with the President's 
        budget on the estimated cumulative increase in Federal royalty 
        receipts (if any) resulting from the implementation of this 
        part. The initial report under this paragraph shall be 
        submitted in the first President's budget following the 
        completion of the first annual plan required under this 
        subsection.

Sec. 944. Additional requirements for awards

  (a) Demonstration Projects.--An application for an award under this 
part for a demonstration project shall describe with specificity the 
intended commercial use of the technology to be demonstrated.
  (b) Flexibility in Locating Demonstration Projects.--Subject to the 
limitation in section 941(c), a demonstration project under this part 
relating to an ultra-deepwater technology or an ultra-deepwater 
architecture may be conducted in deepwater depths.
  (c) Intellectual Property Agreements.--If an award under this part is 
made to a consortium (other than the program consortium), the 
consortium shall provide to the Secretary a signed contract agreed to 
by all members of the consortium describing the rights of each member 
to intellectual property used or developed under the award.
  (d) Technology Transfer.--2.5 percent of the amount of each award 
made under this part shall be designated for technology transfer and 
outreach activities under this title.
  (e) Cost Sharing Reduction for Independent Producers.--In applying 
the cost sharing requirements under section 972 to an award under this 
part the Secretary may reduce or eliminate the non-Federal requirement 
if the Secretary determines that the reduction is necessary and 
appropriate considering the technological risks involved in the 
project.

Sec. 945. Advisory committees

  (a) Ultra-Deepwater Advisory Committee.--
          (1) Establishment.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall establish an 
        advisory committee to be known as the Ultra-Deepwater Advisory 
        Committee.
          (2) Membership.--The advisory committee under this subsection 
        shall be composed of members appointed by the Secretary 
        including--
                  (A) individuals with extensive experience or 
                operational knowledge of offshore natural gas and other 
                petroleum exploration and production;
                  (B) individuals broadly representative of the 
                affected interests in ultra-deepwater natural gas and 
                other petroleum production, including interests in 
                environmental protection and safe operations;
                  (C) no individuals who are Federal employees; and
                  (D) no individuals who are board members, officers, 
                or employees of the program consortium.
          (3) Duties.--The advisory committee under this subsection 
        shall--
                  (A) advise the Secretary on the development and 
                implementation of programs under this part related to 
                ultra-deepwater natural gas and other petroleum 
                resources; and
                  (B) carry out section 942(e)(2)(B).
          (4) Compensation.--A member of the advisory committee under 
        this subsection shall serve without compensation but shall 
        receive travel expenses in accordance with applicable 
        provisions under subchapter I of chapter 57 of title 5, United 
        States Code.
  (b) Unconventional Resources Technology Advisory Committee.--
          (1) Establishment.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall establish an 
        advisory committee to be known as the Unconventional Resources 
        Technology Advisory Committee.
          (2) Membership.--The advisory committee under this subsection 
        shall be composed of members appointed by the Secretary 
        including--
                  (A) a majority of members who are employees or 
                representatives of independent producers of natural gas 
                and other petroleum, including small producers;
                  (B) individuals with extensive research experience or 
                operational knowledge of unconventional natural gas and 
                other petroleum resource exploration and production;
                  (C) individuals broadly representative of the 
                affected interests in unconventional natural gas and 
                other petroleum resource exploration and production, 
                including interests in environmental protection and 
                safe operations; and
                  (D) no individuals who are Federal employees.
          (3) Duties.--The advisory committee under this subsection 
        shall advise the Secretary on the development and 
        implementation of activities under this part related to 
        unconventional natural gas and other petroleum resources.
          (4) Compensation.--A member of the advisory committee under 
        this subsection shall serve without compensation but shall 
        receive travel expenses in accordance with applicable 
        provisions under subchapter I of chapter 57 of title 5, United 
        States Code.
  (c) Prohibition.--No advisory committee established under this 
section shall make recommendations on funding awards to particular 
consortia or other entities, or for specific projects.

Sec. 946. Limits on participation

  An entity shall be eligible to receive an award under this part only 
if the Secretary finds--
          (1) that the entity's participation in the program under this 
        part would be in the economic interest of the United States; 
        and
          (2) that either--
                  (A) the entity is a United States-owned entity 
                organized under the laws of the United States; or
                  (B) the entity is organized under the laws of the 
                United States and has a parent entity organized under 
                the laws of a country that affords--
                          (i) to United States-owned entities 
                        opportunities, comparable to those afforded to 
                        any other entity, to participate in any 
                        cooperative research venture similar to those 
                        authorized under this part;
                          (ii) to United States-owned entities local 
                        investment opportunities comparable to those 
                        afforded to any other entity; and
                          (iii) adequate and effective protection for 
                        the intellectual property rights of United 
                        States-owned entities.

Sec. 947. Sunset

  The authority provided by this part shall terminate on September 30, 
2014.

Sec. 948. Definitions

  In this part:
          (1) Deepwater.--The term ``deepwater'' means a water depth 
        that is greater than 200 but less than 1,500 meters.
          (2) Independent producer of oil or gas.--
                  (A) In general.--The term ``independent producer of 
                oil or gas'' means any person that produces oil or gas 
                other than a person to whom subsection (c) of section 
                613A of the Internal Revenue Code of 1986 does not 
                apply by reason of paragraph (2) (relating to certain 
                retailers) or paragraph (4) (relating to certain 
                refiners) of section 613A(d) of such Code.
                  (B) Rules for applying paragraphs (2) and (4) of 
                section 613a(d).--For purposes of subparagraph (A), 
                paragraphs (2) and (4) of section 613A(d) of the 
                Internal Revenue Code of 1986 shall be applied by 
                substituting ``calendar year'' for ``taxable year'' 
                each place it appears in such paragraphs.
          (3) Program consortium.--The term ``program consortium'' 
        means the consortium selected under section 942(d).
          (4) Remote or inconsequential.--The term ``remote or 
        inconsequential'' has the meaning given that term in 
        regulations issued by the Office of Government Ethics under 
        section 208(b)(2) of title 18, United States Code.
          (5) Small producer.--The term ``small producer'' means an 
        entity organized under the laws of the United States with 
        production levels of less than 1,000 barrels per day of oil 
        equivalent.
          (6) Ultra-deepwater.--The term ``ultra-deepwater'' means a 
        water depth that is equal to or greater than 1,500 meters.
          (7) Ultra-deepwater architecture.--The term ``ultra-deepwater 
        architecture'' means the integration of technologies for the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at ultra-deepwater depths.
          (8) Ultra-deepwater technology.--The term ``ultra-deepwater 
        technology'' means a discrete technology that is specially 
        suited to address 1 or more challenges associated with the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at ultra-deepwater depths.
          (9) Unconventional natural gas and other petroleum 
        resource.--The term ``unconventional natural gas and other 
        petroleum resource'' means natural gas and other petroleum 
        resource located onshore in an economically inaccessible 
        geological formation, including resources of small producers.

Sec. 949. Funding

  (a) In General.--
          (1) Oil and gas lease income.--For each of fiscal years 2005 
        through 2014, from any Federal royalties, rents, and bonuses 
        derived from Federal onshore and offshore oil and gas leases 
        issued under the Outer Continental Shelf Lands Act and the 
        Mineral Leasing Act which are deposited in the Treasury, and 
        after distribution of any such funds as described in subsection 
        (c), $50,000,000 shall be deposited into the Ultra-Deepwater 
        and Unconventional Natural Gas and Other Petroleum Research 
        Fund (in this section referred to as the Fund). For purposes of 
        this section, the term ``royalties'' excludes proceeds from the 
        sale of royalty production taken in kind and royalty production 
        that is transferred under section 27(a)(3) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1353(a)(3)).
          (2) Authorization of appropriations.--In addition to amounts 
        described in paragraph (1), there are authorized to be 
        appropriated to the Secretary, to be deposited in the Fund, 
        $150,000,000 for each of the fiscal years 2005 through 2014, to 
        remain available until expended.
  (b) Obligational Authority.--Monies in the Fund shall be available to 
the Secretary for obligation under this part without fiscal year 
limitation, to remain available until expended.
  (c) Prior Distributions.--The distributions described in subsection 
(a) are those required by law--
          (1) to States and to the Reclamation Fund under the Mineral 
        Leasing Act (30 U.S.C. 191(a)); and
          (2) to other funds receiving monies from Federal oil and gas 
        leasing programs, including--
                  (A) any recipients pursuant to section 8(g) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));
                  (B) the Land and Water Conservation Fund, pursuant to 
                section 2(c) of the Land and Water Conservation Fund 
                Act of 1965 (16 U.S.C. 4601-5(c));
                  (C) the Historic Preservation Fund, pursuant to 
                section 108 of the National Historic Preservation Act 
                (16 U.S.C. 470h); and
                  (D) the Secure Energy Reinvestment Fund.
  (d) Allocation.--Amounts obligated from the Fund under this section 
in each fiscal year shall be allocated as follows:
          (1) 50 percent shall be for activities under section 942.
          (2) 35 percent shall be for activities under section 
        943(d)(1).
          (3) 10 percent shall be for activities under section 
        943(d)(2).
          (4) 5 percent shall be for research under section 941(d).
  (e) Fund.--There is hereby established in the Treasury of the United 
States a separate fund to be known as the ``Ultra-Deepwater and 
Unconventional Natural Gas and Other Petroleum Research Fund''.

                      Subtitle F--Energy Sciences

Sec. 953. Plan for Fusion Energy Sciences Program

  (a) Declaration of Policy.--It shall be the policy of the United 
States to conduct a program of activities to ensure that the United 
States is competitive with other nations in providing fusion energy for 
its own needs and the needs of other nations.
  (b) Planning.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall present to Congress 
        a plan, with proposed cost estimates, budgets, and potential 
        international partners, for the implementation of the policy 
        described in subsection (a).
          (2) Costs and schedules.--Such plan shall also address the 
        status of and, to the degree possible, costs and schedules 
        for--
                  (A) the design and implementation of international or 
                national facilities for the testing of fusion 
                materials; and
                  (B) the design and implementation of international or 
                national facilities for the testing and development of 
                key fusion technologies.

Sec. 954. Spallation Neutron Source

  (a) Definition.--For the purposes of this section, the term 
``Spallation Neutron Source'' means Department Project 99-E-334, Oak 
Ridge National Laboratory, Oak Ridge, Tennessee.
  (b) 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.
  (c) Limitations.--The total amount obligated by the Department, 
including prior year appropriations, for the Spallation Neutron Source 
shall 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.

Sec. 962. Nitrogen fixation

  The Secretary shall conduct studies on biological nitrogen fixation, 
including plant genomics research relevant to the development of 
commercial crop varieties with enhanced nitrogen fixation efficiency 
and ability.

                   Subtitle G--Energy and Environment

Sec. 966. Waste reduction and use of alternatives

  (a) Grant Authority.--The Secretary may make a single grant to a 
qualified institution to examine burning post-consumer carpet in cement 
kilns as an alternative energy source. The purposes of the grant shall 
include determining--
          (1) how post-consumer carpet can be burned without disrupting 
        kiln operations;
          (2) the extent to which overall kiln emissions may be 
        reduced;
          (3) the emissions of air pollutants and other relevant 
        environmental impacts; and
          (4) how this process provides benefits to both cement kiln 
        operations and carpet suppliers.
  (b) Qualified Institution.--For the purposes of subsection (a), a 
qualified institution is an institution of higher education with 
demonstrated expertise in the fields of fiber recycling and logistical 
modeling of carpet waste collection and preparation.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $500,000.

Sec. 967. Report on fuel cell test center

  (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of a study of the establishment of a test center for next-
generation fuel cells at an institution of higher education that has 
available a continuous source of hydrogen and access to the electric 
transmission grid. Such report shall include a conceptual design for 
such test center and a projection of the costs of establishing the test 
center.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $500,000.

Sec. 968. Arctic Engineering Research Center

  (a) In General.--The Secretary of Energy (referred to in this section 
as the ``Secretary'') in consultation with the Secretary of 
Transportation and the United States Arctic Research Commission shall 
provide annual grants to a university located adjacent to the Arctic 
Energy Office of the Department of Energy, to establish and operate a 
university research center to be headquartered in Fairbanks and to be 
known as the ``Arctic Engineering Research Center'' (referred to in 
this section as the ``Center'').
  (b) Purpose.--The purpose of the Center shall be to conduct research 
on, and develop improved methods of, construction and use of materials 
to improve the overall performance of roads, bridges, residential, 
commercial, and industrial structures, and other infrastructure in the 
Arctic region, with an emphasis on developing--
          (1) new construction techniques for roads, bridges, rail, and 
        related transportation infrastructure and residential, 
        commercial, and industrial infrastructure that are capable of 
        withstanding the Arctic environment and using limited energy 
        resources as efficiently as possible;
          (2) technologies and procedures for increasing road, bridge, 
        rail, and related transportation infrastructure and 
        residential, commercial, and industrial infrastructure safety, 
        reliability, and integrity in the Arctic region;
          (3) new materials and improving the performance and energy 
        efficiency of existing materials for the construction of roads, 
        bridges, rail, and related transportation infrastructure and 
        residential, commercial, and industrial infrastructure in the 
        Arctic region; and
          (4) recommendations for new local, regional, and State 
        permitting and building codes to ensure transportation and 
        building safety and efficient energy use when constructing, 
        using, and occupying such infrastructure in the Arctic region.
  (c) Objectives.--The Center shall carry out--
          (1) basic and applied research in the subjects described in 
        subsection (b), the products of which shall be judged by peers 
        or other experts in the field to advance the body of knowledge 
        in road, bridge, rail, and infrastructure engineering in the 
        Arctic region; and
          (2) an ongoing program of technology transfer that makes 
        research results available to potential users in a form that 
        can be implemented.
  (d) Amount of Grant.--For each of fiscal years 2005 through 2010, the 
Secretary shall provide a grant in the amount of $3,000,000 to the 
institution specified in subsection (a) to carry out this section.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2005 through 2010.

Sec. 970. Western Michigan demonstration project

  The Administrator of the Environmental Protection Agency, in 
consultation with the State of Michigan and affected local officials, 
shall conduct a demonstration project to address the effect of 
transported ozone and ozone precursors in Southwestern Michigan. The 
demonstration program shall address projected nonattainment areas in 
Southwestern Michigan that include counties with design values for 
ozone of less than .095 based on years 2000 to 2002 or the most current 
3-year period of air quality data. The Administrator shall assess any 
difficulties such areas may experience in meeting the 8 hour national 
ambient air quality standard for ozone due to the effect of transported 
ozone or ozone precursors into the areas. The Administrator shall work 
with State and local officials to determine the extent of ozone and 
ozone precursor transport, to assess alternatives to achieve compliance 
with the 8 hour standard apart from local controls, and to determine 
the timeframe in which such compliance could take place. The 
Administrator shall complete this demonstration project no later than 2 
years after the date of enactment of this section and shall not impose 
any requirement or sanction that might otherwise apply during the 
pendency of the demonstration project.

Sec. 971. Low-cost hydrogen propulsion and infrastructure

  (a) Program.--The Secretary of Energy shall--
          (1) establish a program with respect to the feasibility of 
        using hydrogen propulsion in light-weight vehicles and the 
        integration of the associated hydrogen production 
        infrastructure using off-the-shelf components; and
          (2) identify universities and institutions that--
                  (A) have expertise in operating and testing vehicles 
                fueled by hydrogen, methane, and other fuels;
                  (B) have expertise in integrating off-the-shelf 
                components to minimize cost; and
                  (C) within two years can test a vehicle based on an 
                existing commercially available platform with a curb 
                weight of not less than 2,000 pounds before 
                modifications, that--
                          (i) operates solely on hydrogen gas;
                          (ii) can travel a minimum of 300 miles under 
                        normal road conditions; and
                          (iii) uses hydrogen produced from water using 
                        only solar energy.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$200,000 for fiscal year 2006. Such sums shall remain available until 
expended.

Sec. 972. Carbon-based fuel cell development

  (a) Grant Authority.--The Secretary of Energy is authorized to make a 
single grant to a qualified institution to design and fabricate a 5-
kilowatt prototype coal-based fuel cell with the following performance 
objectives:
          (1) A current density of 600 milliamps per square centimeter 
        at a cell voltage of 0.8 volts.
          (2) An operating temperature range not to exceed 900 degrees 
        celsius.
  (b) Qualified Institution.--For the purposes of subsection (a), a 
qualified institution is a research-intensive institution of higher 
education with demonstrated expertise in the development of carbon-
based fuel cells allowing the direct use of high sulfur content coal as 
fuel, and which has produced a laboratory-scale carbon-based fuel cell 
with a proven current density of 100 milliamps per square centimeter at 
a voltage of 0.6 volts.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$850,000 for fiscal year 2006.

                 Subtitle H--International Cooperation

Sec. 981. United States-Israel cooperation

  (a) Findings.--The Congress finds that--
          (1) on February 1, 1996, United States Secretary of Energy 
        Hazel R. O'Leary and Israeli Minister of Energy and 
        Infrastructure Gonen Segev signed the Agreement between the 
        Department of Energy of the United States of America and the 
        Ministry of Energy and Infrastructure of Israel Concerning 
        Energy Cooperation, to establish a framework for collaboration 
        between the United States and Israel in energy research and 
        development activities;
          (2) the Agreement entered into force in February 2000;
          (3) in February 2005, the Agreement was automatically renewed 
        for one additional 5-year period pursuant to Article X of the 
        Agreement; and
          (4) under the Agreement, the United States and Israel may 
        cooperate in energy research and development in a variety of 
        alternative and advanced energy sectors.
  (b) Report to Congress.--(1) The Secretary of Energy shall report to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate on--
          (A) how the United States and Israel have cooperated on 
        energy research and development activities under the Agreement;
          (B) projects initiated pursuant to the Agreement; and
          (C) plans for future cooperation and joint projects under the 
        Agreement.
  (2) The report shall be submitted no later than three months after 
the date of enactment of this Act.
  (c) Sense of Congress.--It is the sense of the Congress that energy 
cooperation between the Governments of the United States and Israel is 
mutually beneficial in the development of energy technology.

                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Additional Assistant Secretary position

  (a) Additional Assistant Secretary Position to Enable Improved 
Management of Nuclear Energy Issues.--
          (1) In general.--Section 203(a) of the Department of Energy 
        Organization Act (42 U.S.C. 7133(a)) is amended by striking 
        ``six Assistant Secretaries'' and inserting ``7 Assistant 
        Secretaries''.
          (2) Sense of congress.--It is the sense of Congress that the 
        leadership for departmental missions in nuclear energy should 
        be at the Assistant Secretary level.
  (b) Technical and Conforming Amendments.--
          (1) Title 5.--Section 5315 of title 5, United States Code, is 
        amended by striking ``Assistant Secretaries of Energy (6)'' and 
        inserting ``Assistant Secretaries of Energy (7)''.
          (2) Department of energy organization act.--The table of 
        contents for the Department of Energy Organization Act (42 
        U.S.C. 7101 note) is amended--
                  (A) by striking ``Section 209'' and inserting ``Sec. 
                209'';
                  (B) by striking ``213.'' and inserting ``Sec. 213.'';
                  (C) by striking ``214.'' and inserting ``Sec. 214.'';
                  (D) by striking ``215.'' and inserting ``Sec. 215.''; 
                and
                  (E) by striking ``216.'' and inserting ``Sec. 216.''.

Sec. 1002. Other transactions authority

  Section 646 of the Department of Energy Organization Act (42 U.S.C. 
7256) is amended by adding at the end the following:
  ``(g)(1) In addition to other authorities granted to the Secretary 
under law, the Secretary may enter into other transactions on such 
terms as the Secretary may deem appropriate in furtherance of research, 
development, or demonstration functions vested in the Secretary. Such 
other transactions shall not be subject to the provisions of section 9 
of the Federal Nonnuclear Energy Research and Development Act of 1974 
(42 U.S.C. 5908) or section 152 of the Atomic Energy Act of 1954 (42 
U.S.C. 2182).
  ``(2)(A) The Secretary shall ensure that--
          ``(i) to the maximum extent the Secretary determines 
        practicable, no transaction entered into under paragraph (1) 
        provides for research, development, or demonstration that 
        duplicates research, development, or demonstration being 
        conducted under existing projects carried out by the 
        Department;
          ``(ii) to the extent the Secretary determines practicable, 
        the funds provided by the Government under a transaction 
        authorized by paragraph (1) do not exceed the total amount 
        provided by other parties to the transaction; and
          ``(iii) to the extent the Secretary determines practicable, 
        competitive, merit-based selection procedures shall be used 
        when entering into transactions under paragraph (1).
  ``(B) A transaction authorized by paragraph (1) may be used for a 
research, development, or demonstration project only if the Secretary 
makes a written determination that the use of a standard contract, 
grant, or cooperative agreement for the project is not feasible or 
appropriate.
  ``(3)(A) The Secretary shall protect from disclosure, including 
disclosure under section 552 of title 5, United States Code, for up to 
5 years after the date the information is received by the Secretary--
          ``(i) a proposal, proposal abstract, and supporting documents 
        submitted to the Department in a competitive or noncompetitive 
        process having the potential for resulting in an award under 
        paragraph (1) to the party submitting the information; and
          ``(ii) a business plan and technical information relating to 
        a transaction authorized by paragraph (1) submitted to the 
        Department as confidential business information.
  ``(B) The Secretary may protect from disclosure, for up to 5 years 
after the information was developed, any information developed pursuant 
to a transaction under paragraph (1) which developed information is of 
a character that it would be protected from disclosure under section 
552(b)(4) of title 5, United States Code, if obtained from a person 
other than a Federal agency.
  ``(4) Not later than 90 days after the date of enactment of this 
subsection, the Secretary shall prescribe guidelines for using other 
transactions authorized by paragraph (1). Such guidelines shall be 
published in the Federal Register for public comment under rulemaking 
procedures of the Department.
  ``(5) The authority of the Secretary under this subsection may be 
delegated only to an officer of the Department who is appointed by the 
President by and with the advice and consent of the Senate and may not 
be delegated to any other person.
  ``(6)(A) Not later than September 31, 2006, the Comptroller General 
of the United States shall report to Congress on the Department's use 
of the authorities granted under this section, including the ability to 
attract nontraditional government contractors and whether additional 
safeguards are needed with respect to the use of such authorities.
  ``(B) In this section, the term `nontraditional Government 
contractor' has the same meaning as the term `nontraditional defense 
contractor' as defined in section 845(e) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 
2371 note).''.

Sec. 1003. University collaboration

  Not later than 2 years after the date of enactment of this Act, the 
Secretary of Energy shall transmit to the Congress a report that 
examines the feasibility of promoting collaborations between major 
universities and other colleges and universities in grants, contracts, 
and cooperative agreements made by the Secretary for energy projects. 
For purposes of this section, major universities are schools listed by 
the Carnegie Foundation as Doctoral Research Extensive Universities. 
The Secretary shall also consider providing incentives to increase the 
inclusion of small institutions of higher education, including 
minority-serving institutions, in energy grants, contracts, and 
cooperative agreements.

Sec. 1004. Sense of Congress

   It is the sense of the Congress that--
          (1) the Secretary of Energy should develop and implement more 
        stringent procurement and inventory controls, including 
        controls on the purchase card program, to prevent waste, fraud, 
        and abuse of taxpayer funds by employees and contractors of the 
        Department of Energy; and
          (2) the Department's Inspector General should continue to 
        closely review purchase card purchases and other procurement 
        and inventory practices at the Department.

                         TITLE XII--ELECTRICITY

Sec. 1201. Short title

  This title may be cited as the ``Electric Reliability Act of 2005''.

                   Subtitle A--Reliability Standards

Sec. 1211. Electric reliability standards

  (a) In General.--Part II of the Federal Power Act (16 U.S.C 824 et 
seq.) is amended by adding at the end the following:

``SEC. 215. ELECTRIC RELIABILITY.

  ``(a) Definitions.--For purposes of this section:
          ``(1) The term `bulk-power system' means--
                  ``(A) facilities and control systems necessary for 
                operating an interconnected electric energy 
                transmission network (or any portion thereof); and
                  ``(B) electric energy from generation facilities 
                needed to maintain transmission system reliability.
        The term does not include facilities used in the local 
        distribution of electric energy.
          ``(2) The terms `Electric Reliability Organization' and `ERO' 
        mean the organization certified by the Commission under 
        subsection (c) the purpose of which is to establish and enforce 
        reliability standards for the bulk-power system, subject to 
        Commission review.
          ``(3) The term `reliability standard' means a requirement, 
        approved by the Commission under this section, to provide for 
        reliable operation of the bulk-power system. The term includes 
        requirements for the operation of existing bulk-power system 
        facilities, including cybersecurity protection, and the design 
        of planned additions or modifications to such facilities to the 
        extent necessary to provide for reliable operation of the bulk-
        power system, but the term does not include any requirement to 
        enlarge such facilities or to construct new transmission 
        capacity or generation capacity.
          ``(4) The term `reliable operation' means operating the 
        elements of the bulk-power system within equipment and electric 
        system thermal, voltage, and stability limits so that 
        instability, uncontrolled separation, or cascading failures of 
        such system will not occur as a result of a sudden disturbance, 
        including a cybersecurity incident, or unanticipated failure of 
        system elements.
          ``(5) The term `Interconnection' means a geographic area in 
        which the operation of bulk-power system components is 
        synchronized such that the failure of 1 or more of such 
        components may adversely affect the ability of the operators of 
        other components within the system to maintain reliable 
        operation of the facilities within their control.
          ``(6) The term `transmission organization' means a Regional 
        Transmission Organization, Independent System Operator, 
        independent transmission provider, or other transmission 
        organization finally approved by the Commission for the 
        operation of transmission facilities.
          ``(7) The term `regional entity' means an entity having 
        enforcement authority pursuant to subsection (e)(4).
          ``(8) The term `cybersecurity incident' means a malicious act 
        or suspicious event that disrupts, or was an attempt to 
        disrupt, the operation of those programmable electronic devices 
        and communication networks including hardware, software and 
        data that are essential to the reliable operation of the bulk 
        power system.
  ``(b) Jurisdiction and Applicability.--(1) The Commission shall have 
jurisdiction, within the United States, over the ERO certified by the 
Commission under subsection (c), any regional entities, and all users, 
owners and operators of the bulk-power system, including but not 
limited to the entities described in section 201(f), for purposes of 
approving reliability standards established under this section and 
enforcing compliance with this section. All users, owners and operators 
of the bulk-power system shall comply with reliability standards that 
take effect under this section.
  ``(2) The Commission shall issue a final rule to implement the 
requirements of this section not later than 180 days after the date of 
enactment of this section.
  ``(c) Certification.--Following the issuance of a Commission rule 
under subsection (b)(2), any person may submit an application to the 
Commission for certification as the Electric Reliability Organization. 
The Commission may certify 1 such ERO if the Commission determines that 
such ERO--
          ``(1) has the ability to develop and enforce, subject to 
        subsection (e)(2), reliability standards that provide for an 
        adequate level of reliability of the bulk-power system; and
          ``(2) has established rules that--
                  ``(A) assure its independence of the users and owners 
                and operators of the bulk-power system, while assuring 
                fair stakeholder representation in the selection of its 
                directors and balanced decisionmaking in any ERO 
                committee or subordinate organizational structure;
                  ``(B) allocate equitably reasonable dues, fees, and 
                other charges among end users for all activities under 
                this section;
                  ``(C) provide fair and impartial procedures for 
                enforcement of reliability standards through the 
                imposition of penalties in accordance with subsection 
                (e) (including limitations on activities, functions, or 
                operations, or other appropriate sanctions);
                  ``(D) provide for reasonable notice and opportunity 
                for public comment, due process, openness, and balance 
                of interests in developing reliability standards and 
                otherwise exercising its duties; and
                  ``(E) provide for taking, after certification, 
                appropriate steps to gain recognition in Canada and 
                Mexico.
        The total amount of all dues, fees, and other charges collected 
        by the ERO in each of the fiscal years 2006 through 2015 and 
        allocated under subparagraph (B) shall not exceed $50,000,000.
  ``(d) Reliability Standards.--(1) The Electric Reliability 
Organization shall file each reliability standard or modification to a 
reliability standard that it proposes to be made effective under this 
section with the Commission.
  ``(2) The Commission may approve, by rule or order, a proposed 
reliability standard or modification to a reliability standard if it 
determines that the standard is just, reasonable, not unduly 
discriminatory or preferential, and in the public interest. The 
Commission shall give due weight to the technical expertise of the 
Electric Reliability Organization with respect to the content of a 
proposed standard or modification to a reliability standard and to the 
technical expertise of a regional entity organized on an 
Interconnection-wide basis with respect to a reliability standard to be 
applicable within that Interconnection, but shall not defer with 
respect to the effect of a standard on competition. A proposed standard 
or modification shall take effect upon approval by the Commission.
  ``(3) The Electric Reliability Organization shall rebuttably presume 
that a proposal from a regional entity organized on an Interconnection-
wide basis for a reliability standard or modification to a reliability 
standard to be applicable on an Interconnection-wide basis is just, 
reasonable, and not unduly discriminatory or preferential, and in the 
public interest.
  ``(4) The Commission shall remand to the Electric Reliability 
Organization for further consideration a proposed reliability standard 
or a modification to a reliability standard that the Commission 
disapproves in whole or in part.
  ``(5) The Commission, upon its own motion or upon complaint, may 
order the Electric Reliability Organization to submit to the Commission 
a proposed reliability standard or a modification to a reliability 
standard that addresses a specific matter if the Commission considers 
such a new or modified reliability standard appropriate to carry out 
this section.
  ``(6) The final rule adopted under subsection (b)(2) shall include 
fair processes for the identification and timely resolution of any 
conflict between a reliability standard and any function, rule, order, 
tariff, rate schedule, or agreement accepted, approved, or ordered by 
the Commission applicable to a transmission organization. Such 
transmission organization shall continue to comply with such function, 
rule, order, tariff, rate schedule or agreement accepted approved, or 
ordered by the Commission until--
          ``(A) the Commission finds a conflict exists between a 
        reliability standard and any such provision;
          ``(B) the Commission orders a change to such provision 
        pursuant to section 206 of this part; and
          ``(C) the ordered change becomes effective under this part.
If the Commission determines that a reliability standard needs to be 
changed as a result of such a conflict, it shall order the ERO to 
develop and file with the Commission a modified reliability standard 
under paragraph (4) or (5) of this subsection.
  ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph (2), 
a penalty on a user or owner or operator of the bulk-power system for a 
violation of a reliability standard approved by the Commission under 
subsection (d) if the ERO, after notice and an opportunity for a 
hearing--
          ``(A) finds that the user or owner or operator has violated a 
        reliability standard approved by the Commission under 
        subsection (d); and
          ``(B) files notice and the record of the proceeding with the 
        Commission.
  ``(2) A penalty imposed under paragraph (1) may take effect not 
earlier than the 31st day after the ERO files with the Commission 
notice of the penalty and the record of proceedings. Such penalty shall 
be subject to review by the Commission, on its own motion or upon 
application by the user, owner or operator that is the subject of the 
penalty filed within 30 days after the date such notice is filed with 
the Commission. Application to the Commission for review, or the 
initiation of review by the Commission on its own motion, shall not 
operate as a stay of such penalty unless the Commission otherwise 
orders upon its own motion or upon application by the user, owner or 
operator that is the subject of such penalty. In any proceeding to 
review a penalty imposed under paragraph (1), the Commission, after 
notice and opportunity for hearing (which hearing may consist solely of 
the record before the ERO and opportunity for the presentation of 
supporting reasons to affirm, modify, or set aside the penalty), shall 
by order affirm, set aside, reinstate, or modify the penalty, and, if 
appropriate, remand to the ERO for further proceedings. The Commission 
shall implement expedited procedures for such hearings.
  ``(3) On its own motion or upon complaint, the Commission may order 
compliance with a reliability standard and may impose a penalty against 
a user or owner or operator of the bulk-power system if the Commission 
finds, after notice and opportunity for a hearing, that the user or 
owner or operator of the bulk-power system has engaged or is about to 
engage in any acts or practices that constitute or will constitute a 
violation of a reliability standard.
  ``(4) The Commission shall issue regulations authorizing the ERO to 
enter into an agreement to delegate authority to a regional entity for 
the purpose of proposing reliability standards to the ERO and enforcing 
reliability standards under paragraph (1) if--
          ``(A) the regional entity is governed by--
                  ``(i) an independent board;
                  ``(ii) a balanced stakeholder board; or
                  ``(iii) a combination independent and balanced 
                stakeholder board.
          ``(B) the regional entity otherwise satisfies the provisions 
        of subsection (c)(1) and (2); and
          ``(C) the agreement promotes effective and efficient 
        administration of bulk-power system reliability.
The Commission may modify such delegation. The ERO and the Commission 
shall rebuttably presume that a proposal for delegation to a regional 
entity organized on an Interconnection-wide basis promotes effective 
and efficient administration of bulk-power system reliability and 
should be approved. Such regulation may provide that the Commission may 
assign the ERO's authority to enforce reliability standards under 
paragraph (1) directly to a regional entity consistent with the 
requirements of this paragraph.
  ``(5) The Commission may take such action as is necessary or 
appropriate against the ERO or a regional entity to ensure compliance 
with a reliability standard or any Commission order affecting the ERO 
or a regional entity.
  ``(6) Any penalty imposed under this section shall bear a reasonable 
relation to the seriousness of the violation and shall take into 
consideration the efforts of such user, owner, or operator to remedy 
the violation in a timely manner.
  ``(f) Changes in Electric Reliability Organization Rules.--The 
Electric Reliability Organization shall file with the Commission for 
approval any proposed rule or proposed rule change, accompanied by an 
explanation of its basis and purpose. The Commission, upon its own 
motion or complaint, may propose a change to the rules of the ERO. A 
proposed rule or proposed rule change shall take effect upon a finding 
by the Commission, after notice and opportunity for comment, that the 
change is just, reasonable, not unduly discriminatory or preferential, 
is in the public interest, and satisfies the requirements of subsection 
(c).
  ``(g) Reliability Reports.--The ERO shall conduct periodic 
assessments of the reliability and adequacy of the bulk-power system in 
North America.
  ``(h) Coordination With Canada and Mexico.--The President is urged to 
negotiate international agreements with the governments of Canada and 
Mexico to provide for effective compliance with reliability standards 
and the effectiveness of the ERO in the United States and Canada or 
Mexico.
  ``(i) Savings Provisions.--(1) The ERO shall have authority to 
develop and enforce compliance with reliability standards for only the 
bulk-power system.
  ``(2) This section does not authorize the ERO or the Commission to 
order the construction of additional generation or transmission 
capacity or to set and enforce compliance with standards for adequacy 
or safety of electric facilities or services.
  ``(3) Nothing in this section shall be construed to preempt any 
authority of any State to take action to ensure the safety, adequacy, 
and reliability of electric service within that State, as long as such 
action is not inconsistent with any reliability standard, except that 
the State of New York may establish rules that result in greater 
reliability within that State, as long as such action does not result 
in lesser reliability outside the State than that provided by the 
reliability standards.
  ``(4) Within 90 days of the application of the Electric Reliability 
Organization or other affected party, and after notice and opportunity 
for comment, the Commission shall issue a final order determining 
whether a State action is inconsistent with a reliability standard, 
taking into consideration any recommendation of the ERO.
  ``(5) The Commission, after consultation with the ERO and the State 
taking action, may stay the effectiveness of any State action, pending 
the Commission's issuance of a final order.
  ``(j) Regional Advisory Bodies.--The Commission shall establish a 
regional advisory body on the petition of at least \2/3\ of the States 
within a region that have more than \1/2\ of their electric load served 
within the region. A regional advisory body shall be composed of 1 
member from each participating State in the region, appointed by the 
Governor of each State, and may include representatives of agencies, 
States, and provinces outside the United States. A regional advisory 
body may provide advice to the Electric Reliability Organization, a 
regional entity, or the Commission regarding the governance of an 
existing or proposed regional entity within the same region, whether a 
standard proposed to apply within the region is just, reasonable, not 
unduly discriminatory or preferential, and in the public interest, 
whether fees proposed to be assessed within the region are just, 
reasonable, not unduly discriminatory or preferential, and in the 
public interest and any other responsibilities requested by the 
Commission. The Commission may give deference to the advice of any such 
regional advisory body if that body is organized on an Interconnection-
wide basis.
  ``(k) Alaska and Hawaii.--The provisions of this section do not apply 
to Alaska or Hawaii.''.
  (b) Status of ERO.--The Electric Reliability Organization certified 
by the Federal Energy Regulatory Commission under section 215(c) of the 
Federal Power Act and any regional entity delegated enforcement 
authority pursuant to section 215(e)(4) of that Act are not 
departments, agencies, or instrumentalities of the United States 
Government.
  (c) Limitation on Annual Appropriations.--There is authorized to be 
appropriated not more than $50,000,000 per year for fiscal years 2006 
through 2015 for all activities under the amendment made by subsection 
(a).

         Subtitle B--Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities

  (a) Amendment of Federal Power Act.--Part II of the Federal Power Act 
is amended by adding at the end the following:

``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

  ``(a) Designation of National Interest Electric Transmission 
Corridors.--
          ``(1) Transmission congestion study.--Within 1 year after the 
        enactment of this section, and every 3 years thereafter, the 
        Secretary of Energy, in consultation with affected States, 
        shall conduct a study of electric transmission congestion. 
        After considering alternatives and recommendations from 
        interested parties, including an opportunity for comment from 
        affected States, the Secretary shall issue a report, based on 
        such study, which may designate any geographic area 
        experiencing electric energy transmission capacity constraints 
        or congestion that adversely affects consumers as a national 
        interest electric transmission corridor. The Secretary shall 
        conduct the study and issue the report in consultation with any 
        appropriate regional entity referenced in section 215 of this 
        Act.
          ``(2) Considerations.--In determining whether to designate a 
        national interest electric transmission corridor referred to in 
        paragraph (1) under this section, the Secretary may consider 
        whether--
                  ``(A) the economic vitality and development of the 
                corridor, or the end markets served by the corridor, 
                may be constrained by lack of adequate or reasonably 
                priced electricity;
                  ``(B)(i) economic growth in the corridor, or the end 
                markets served by the corridor, may be jeopardized by 
                reliance on limited sources of energy; and
                  ``(ii) a diversification of supply is warranted;
                  ``(C) the energy independence of the United States 
                would be served by the designation;
                  ``(D) the designation would be in the interest of 
                national energy policy; and
                  ``(E) the designation would enhance national defense 
                and homeland security.
  ``(b) Construction Permit.--Except as provided in subsection (i), the 
Commission is authorized, after notice and an opportunity for hearing, 
to issue a permit or permits for the construction or modification of 
electric transmission facilities in a national interest electric 
transmission corridor designated by the Secretary under subsection (a) 
if the Commission finds that--
          ``(1)(A) a State in which the transmission facilities are to 
        be constructed or modified is without authority to--
                  ``(i) approve the siting of the facilities; or
                  ``(ii) consider the interstate benefits expected to 
                be achieved by the proposed construction or 
                modification of transmission facilities in the State;
          ``(B) the applicant for a permit is a transmitting utility 
        under this Act but does not qualify to apply for a permit or 
        siting approval for the proposed project in a State because the 
        applicant does not serve end-use customers in the State; or
          ``(C) a State commission or other entity that has authority 
        to approve the siting of the facilities has--
                  ``(i) withheld approval for more than 1 year after 
                the filing of an application pursuant to applicable law 
                seeking approval or 1 year after the designation of the 
                relevant national interest electric transmission 
                corridor, whichever is later; or
                  ``(ii) conditioned its approval in such a manner that 
                the proposed construction or modification will not 
                significantly reduce transmission congestion in 
                interstate commerce or is not economically feasible;
          ``(2) the facilities to be authorized by the permit will be 
        used for the transmission of electric energy in interstate 
        commerce;
          ``(3) the proposed construction or modification is consistent 
        with the public interest;
          ``(4) the proposed construction or modification will 
        significantly reduce transmission congestion in interstate 
        commerce and protects or benefits consumers; and
          ``(5) the proposed construction or modification is consistent 
        with sound national energy policy and will enhance energy 
        independence.
  ``(c) Permit Applications.--Permit applications under subsection (b) 
shall be made in writing to the Commission. The Commission shall issue 
rules setting forth the form of the application, the information to be 
contained in the application, and the manner of service of notice of 
the permit application upon interested persons.
  ``(d) Comments.--In any proceeding before the Commission under 
subsection (b), the Commission shall afford each State in which a 
transmission facility covered by the permit is or will be located, each 
affected Federal agency and Indian tribe, private property owners, and 
other interested persons, a reasonable opportunity to present their 
views and recommendations with respect to the need for and impact of a 
facility covered by the permit.
  ``(e) Rights-of-way.--In the case of a permit under subsection (b) 
for electric transmission facilities to be located on property other 
than property owned by the United States or a State, if the permit 
holder cannot acquire by contract, or is unable to agree with the owner 
of the property to the compensation to be paid for, the necessary 
right-of-way to construct or modify such transmission facilities, the 
permit holder may acquire the right-of-way by the exercise of the right 
of eminent domain in the district court of the United States for the 
district in which the property concerned is located, or in the 
appropriate court of the State in which the property is located. The 
practice and procedure in any action or proceeding for that purpose in 
the district court of the United States shall conform as nearly as may 
be with the practice and procedure in similar action or proceeding in 
the courts of the State where the property is situated.
  ``(f) State Law.--Nothing in this section shall preclude any person 
from constructing or modifying any transmission facility pursuant to 
State law.
  ``(g) Compensation.--Any exercise of eminent domain authority 
pursuant to this section shall be considered a taking of private 
property for which just compensation is due. Just compensation shall be 
an amount equal to the full fair market value of the property taken on 
the date of the exercise of eminent domain authority, except that the 
compensation shall exceed fair market value if necessary to make the 
landowner whole for decreases in the value of any portion of the land 
not subject to eminent domain. Any parcel of land acquired by eminent 
domain under this subsection shall be transferred back to the owner 
from whom it was acquired (or his heirs or assigns) if the land is not 
used for the construction or modification of electric transmission 
facilities within a reasonable period of time after the acquisition. 
Other than construction, modification, operation, or maintenance of 
electric transmission facilities and related facilities, property 
acquired under subsection (e) may not be used for any purpose 
(including use for any heritage area, recreational trail, or park) 
without the consent of the owner of the parcel from whom the property 
was acquired (or the owner's heirs or assigns).
  ``(h) Coordination of Federal Authorizations for Transmission and 
Distribution Facilities.--
          ``(1) Lead agency.--If an applicant, or prospective 
        applicant, for a Federal authorization related to an electric 
        transmission or distribution facility so requests, the 
        Department of Energy (DOE) shall act as the lead agency for 
        purposes of coordinating all applicable Federal authorizations 
        and related environmental reviews of the facility. For purposes 
        of this subsection, the term `Federal authorization' means any 
        authorization required under Federal law in order to site a 
        transmission or distribution facility, including but not 
        limited to such permits, special use authorizations, 
        certifications, opinions, or other approvals as may be 
        required, whether issued by a Federal or a State agency. To the 
        maximum extent practicable under applicable Federal law, the 
        Secretary of Energy shall coordinate this Federal authorization 
        and review process with any Indian tribes, multi-State 
        entities, and State agencies that are responsible for 
        conducting any separate permitting and environmental reviews of 
        the facility, to ensure timely and efficient review and permit 
        decisions.
          ``(2) Authority to set deadlines.--As lead agency, the 
        Department of Energy, in consultation with agencies responsible 
        for Federal authorizations and, as appropriate, with Indian 
        tribes, multi-State entities, and State agencies that are 
        willing to coordinate their own separate permitting and 
        environmental reviews with the Federal authorization and 
        environmental reviews, shall establish prompt and binding 
        intermediate milestones and ultimate deadlines for the review 
        of, and Federal authorization decisions relating to, the 
        proposed facility. The Secretary of Energy shall ensure that 
        once an application has been submitted with such data as the 
        Secretary considers necessary, all permit decisions and related 
        environmental reviews under all applicable Federal laws shall 
        be completed within 1 year or, if a requirement of another 
        provision of Federal law makes this impossible, as soon 
        thereafter as is practicable. The Secretary of Energy also 
        shall provide an expeditious pre-application mechanism for 
        prospective applicants to confer with the agencies involved to 
        have each such agency determine and communicate to the 
        prospective applicant within 60 days of when the prospective 
        applicant submits a request for such information concerning--
                  ``(A) the likelihood of approval for a potential 
                facility; and
                  ``(B) key issues of concern to the agencies and 
                public.
          ``(3) Consolidated environmental review and record of 
        decision.--As lead agency head, the Secretary of Energy, in 
        consultation with the affected agencies, shall prepare a single 
        environmental review document, which shall be used as the basis 
        for all decisions on the proposed project under Federal law. 
        The document may be an environmental assessment or 
        environmental impact statement under the National Environmental 
        Policy Act of 1969 if warranted, or such other form of analysis 
        as may be warranted. The Secretary of Energy and the heads of 
        other agencies shall streamline the review and permitting of 
        transmission and distribution facilities within corridors 
        designated under section 503 of the Federal Land Policy and 
        Management Act (43 U.S.C. 1763) by fully taking into account 
        prior analyses and decisions relating to the corridors. Such 
        document shall include consideration by the relevant agencies 
        of any applicable criteria or other matters as required under 
        applicable laws.
          ``(4) Appeals.--In the event that any agency has denied a 
        Federal authorization required for a transmission or 
        distribution facility, or has failed to act by the deadline 
        established by the Secretary pursuant to this section for 
        deciding whether to issue the authorization, the applicant or 
        any State in which the facility would be located may file an 
        appeal with the Secretary, who shall, in consultation with the 
        affected agency, review the denial or take action on the 
        pending application. Based on the overall record and in 
        consultation with the affected agency, the Secretary may then 
        either issue the necessary authorization with any appropriate 
        conditions, or deny the application. The Secretary shall issue 
        a decision within 90 days of the filing of the appeal. In 
        making a decision under this paragraph, the Secretary shall 
        comply with applicable requirements of Federal law, including 
        any requirements of the Endangered Species Act, the Clean Water 
        Act, the National Forest Management Act, the National 
        Environmental Policy Act of 1969, and the Federal Land Policy 
        and Management Act.
          ``(5) Conforming regulations and memoranda of 
        understanding.--Not later than 18 months after the date of 
        enactment of this section, the Secretary of Energy shall issue 
        any regulations necessary to implement this subsection. Not 
        later than 1 year after the date of enactment of this section, 
        the Secretary and the heads of all Federal agencies with 
        authority to issue Federal authorizations shall enter into 
        Memoranda of Understanding to ensure the timely and coordinated 
        review and permitting of electricity transmission and 
        distribution facilities. The head of each Federal agency with 
        authority to issue a Federal authorization shall designate a 
        senior official responsible for, and dedicate sufficient other 
        staff and resources to ensure, full implementation of the DOE 
        regulations and any Memoranda. Interested Indian tribes, multi-
        State entities, and State agencies may enter such Memoranda of 
        Understanding.
          ``(6) Duration and renewal.--Each Federal land use 
        authorization for an electricity transmission or distribution 
        facility shall be issued--
                  ``(A) for a duration, as determined by the Secretary 
                of Energy, commensurate with the anticipated use of the 
                facility, and
                  ``(B) with appropriate authority to manage the right-
                of-way for reliability and environmental protection.
        Upon the expiration of any such authorization (including an 
        authorization issued prior to enactment of this section), the 
        authorization shall be reviewed for renewal taking fully into 
        account reliance on such electricity infrastructure, 
        recognizing its importance for public health, safety and 
        economic welfare and as a legitimate use of Federal lands.
          ``(7) Maintaining and enhancing the transmission 
        infrastructure.--In exercising the responsibilities under this 
        section, the Secretary of Energy shall consult regularly with 
        the Federal Energy Regulatory Commission (FERC), FERC-approved 
        electric reliability organizations (including related regional 
        entities), and FERC-approved Regional Transmission 
        Organizations and Independent System Operators.
  ``(i) Interstate Compacts.--The consent of Congress is hereby given 
for 3 or more contiguous States to enter into an interstate compact, 
subject to approval by Congress, establishing regional transmission 
siting agencies to facilitate siting of future electric energy 
transmission facilities within such States and to carry out the 
electric energy transmission siting responsibilities of such States. 
The Secretary of Energy may provide technical assistance to regional 
transmission siting agencies established under this subsection. Such 
regional transmission siting agencies shall have the authority to 
review, certify, and permit siting of transmission facilities, 
including facilities in national interest electric transmission 
corridors (other than facilities on property owned by the United 
States). The Commission shall have no authority to issue a permit for 
the construction or modification of electric transmission facilities 
within a State that is a party to a compact, unless the members of a 
compact are in disagreement and the Secretary makes, after notice and 
an opportunity for a hearing, the finding described in subsection 
(b)(1)(C).
  ``(j) Savings Clause.--Nothing in this section shall be construed to 
affect any requirement of the environmental laws of the United States, 
including, but not limited to, the National Environmental Policy Act of 
1969. Subsection (h)(4) of this section shall not apply to any 
Congressionally-designated components of the National Wilderness 
Preservation System, the National Wild and Scenic Rivers System, or the 
National Park system (including National Monuments therein).
  ``(k) ERCOT.--This section shall not apply within the area referred 
to in section 212(k)(2)(A).''.
  (b) Reports to Congress on Corridors and Rights of Way on Federal 
Lands.--The Secretary of the Interior, the Secretary of Energy, the 
Secretary of Agriculture, and the Chairman of the Council on 
Environmental Quality shall, within 90 days of the date of enactment of 
this subsection, submit a joint report to Congress identifying each of 
the following:
          (1) All existing designated transmission and distribution 
        corridors on Federal land and the status of work related to 
        proposed transmission and distribution corridor designations 
        under Title V of the Federal Land Policy and Management Act (43 
        U.S.C. 1761 et. Seq.), the schedule for completing such work, 
        any impediments to completing the work, and steps that Congress 
        could take to expedite the process.
          (2) The number of pending applications to locate transmission 
        and distribution facilities on Federal lands, key information 
        relating to each such facility, how long each application has 
        been pending, the schedule for issuing a timely decision as to 
        each facility, and progress in incorporating existing and new 
        such rights-of-way into relevant land use and resource 
        management plans or their equivalent.
          (3) The number of existing transmission and distribution 
        rights-of-way on Federal lands that will come up for renewal 
        within the following 5, 10, and 15 year periods, and a 
        description of how the Secretaries plan to manage such 
        renewals.

Sec. 1222. Third-party finance

  (a) Existing Facilities.--The Secretary of Energy (hereinafter in 
this section referred to as the ``Secretary''), acting through the 
Administrator of the Western Area Power Administration (hereinafter in 
this section referred to as ``WAPA''), or through the Administrator of 
the Southwestern Power Administration (hereinafter in this section 
referred to as ``SWPA''), or both, may design, develop, construct, 
operate, maintain, or own, or participate with other entities in 
designing, developing, constructing, operating, maintaining, or owning, 
an electric power transmission facility and related facilities 
(``Project'') needed to upgrade existing transmission facilities owned 
by SWPA or WAPA if the Secretary of Energy, in consultation with the 
applicable Administrator, determines that the proposed Project--
          (1)(A) is located in a national interest electric 
        transmission corridor designated under section 216(a) of the 
        Federal Power Act and will reduce congestion of electric 
        transmission in interstate commerce; or
          (B) is necessary to accommodate an actual or projected 
        increase in demand for electric transmission capacity;
          (2) is consistent with--
                  (A) transmission needs identified, in a transmission 
                expansion plan or otherwise, by the appropriate 
                Regional Transmission Organization or Independent 
                System Operator (as defined in the Federal Power Act), 
                if any, or approved regional reliability organization; 
                and
                  (B) efficient and reliable operation of the 
                transmission grid; and
          (3) would be operated in conformance with prudent utility 
        practice.
  (b) New Facilities.--The Secretary, acting through WAPA or SWPA, or 
both, may design, develop, construct, operate, maintain, or own, or 
participate with other entities in designing, developing, constructing, 
operating, maintaining, or owning, a new electric power transmission 
facility and related facilities (``Project'') located within any State 
in which WAPA or SWPA operates if the Secretary, in consultation with 
the applicable Administrator, determines that the proposed Project--
          (1)(A) is located in an area designated under section 216(a) 
        of the Federal Power Act and will reduce congestion of electric 
        transmission in interstate commerce; or
          (B) is necessary to accommodate an actual or projected 
        increase in demand for electric transmission capacity;
          (2) is consistent with--
                  (A) transmission needs identified, in a transmission 
                expansion plan or otherwise, by the appropriate 
                Regional Transmission Organization or Independent 
                System Operator, if any, or approved regional 
                reliability organization; and
                  (B) efficient and reliable operation of the 
                transmission grid;
          (3) will be operated in conformance with prudent utility 
        practice;
          (4) will be operated by, or in conformance with the rules of, 
        the appropriate (A) Regional Transmission Organization or 
        Independent System Operator, if any, or (B) if such an 
        organization does not exist, regional reliability organization; 
        and
          (5) will not duplicate the functions of existing transmission 
        facilities or proposed facilities which are the subject of 
        ongoing or approved siting and related permitting proceedings.
  (c) Other Funds.--
          (1) In general.--In carrying out a Project under subsection 
        (a) or (b), the Secretary may accept and use funds contributed 
        by another entity for the purpose of carrying out the Project.
          (2) Availability.--The contributed funds shall be available 
        for expenditure for the purpose of carrying out the Project--
                  (A) without fiscal year limitation; and
                  (B) as if the funds had been appropriated 
                specifically for that Project.
          (3) Allocation of costs.--In carrying out a Project under 
        subsection (a) or (b), any costs of the Project not paid for by 
        contributions from another entity shall be collected through 
        rates charged to customers using the new transmission 
        capability provided by the Project and allocated equitably 
        among these project beneficiaries using the new transmission 
        capability.
  (d) Relationship to Other Laws.--Nothing in this section affects any 
requirement of--
          (1) any Federal environmental law, including the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
          (2) any Federal or State law relating to the siting of energy 
        facilities; or
          (3) any existing authorizing statutes.
  (e) Savings Clause.--Nothing in this section shall constrain or 
restrict an Administrator in the utilization of other authority 
delegated to the Administrator of WAPA or SWPA.
  (f) Secretarial Determinations.--Any determination made pursuant to 
subsections (a) or (b) shall be based on findings by the Secretary 
using the best available data.
  (g) Maximum Funding Amount.--The Secretary shall not accept and use 
more than $100,000,000 under subsection (c)(1) for the period 
encompassing fiscal years 2006 through 2015.

Sec. 1223. Transmission system monitoring

  Within 6 months after the date of enactment of this Act, the 
Secretary of Energy and the Federal Energy Regulatory Commission shall 
study and report to Congress on the steps which must be taken to 
establish a system to make available to all transmission system owners 
and Regional Transmission Organizations (as defined in the Federal 
Power Act) within the Eastern and Western Interconnections real-time 
information on the functional status of all transmission lines within 
such Interconnections. In such study, the Commission shall assess 
technical means for implementing such transmission information system 
and identify the steps the Commission or Congress must take to require 
the implementation of such system.

Sec. 1224. Advanced transmission technologies

  (a) Authority.--The Federal Energy Regulatory Commission, in the 
exercise of its authorities under the Federal Power Act and the Public 
Utility Regulatory Policies Act of 1978, shall encourage the deployment 
of advanced transmission technologies.
  (b) Definition.--For the purposes of this section, the term 
``advanced transmission technologies'' means technologies that increase 
the capacity, efficiency, or reliability of existing or new 
transmission facilities, including, but not limited to--
          (1) high-temperature lines (including superconducting 
        cables);
          (2) underground cables;
          (3) advanced conductor technology (including advanced 
        composite conductors, high-temperature low-sag conductors, and 
        fiber optic temperature sensing conductors);
          (4) high-capacity ceramic electric wire, connectors, and 
        insulators;
          (5) optimized transmission line configurations (including 
        multiple phased transmission lines);
          (6) modular equipment;
          (7) wireless power transmission;
          (8) ultra-high voltage lines;
          (9) high-voltage DC technology;
          (10) flexible AC transmission systems;
          (11) energy storage devices (including pumped hydro, 
        compressed air, superconducting magnetic energy storage, 
        flywheels, and batteries);
          (12) controllable load;
          (13) distributed generation (including PV, fuel cells, 
        microturbines);
          (14) enhanced power device monitoring;
          (15) direct system state sensors;
          (16) fiber optic technologies;
          (17) power electronics and related software (including real 
        time monitoring and analytical software); and
          (18) any other technologies the Commission considers 
        appropriate.
  (c) Obsolete or Impracticable Technologies.--The Commission is 
authorized to cease encouraging the deployment of any technology 
described in this section on a finding that such technology has been 
rendered obsolete or otherwise impracticable to deploy.

Sec. 1225. Electric transmission and distribution programs

  (a) Electric Transmission and Distribution Program.--The Secretary of 
Energy (hereinafter in this section referred to as the ``Secretary'') 
acting through the Director of the Office of Electric Transmission and 
Distribution shall establish a comprehensive research, development, 
demonstration and commercial application program to promote improved 
reliability and efficiency of electrical transmission and distribution 
systems. This program shall include--
          (1) advanced energy delivery and storage technologies, 
        materials, and systems, including new transmission 
        technologies, such as flexible alternating current transmission 
        systems, composite conductor materials and other technologies 
        that enhance reliability, operational flexibility, or power-
        carrying capability;
          (2) advanced grid reliability and efficiency technology 
        development;
          (3) technologies contributing to significant load reductions;
          (4) advanced metering, load management, and control 
        technologies;
          (5) technologies to enhance existing grid components;
          (6) the development and use of high-temperature 
        superconductors to--
                  (A) enhance the reliability, operational flexibility, 
                or power-carrying capability of electric transmission 
                or distribution systems; or
                  (B) increase the efficiency of electric energy 
                generation, transmission, distribution, or storage 
                systems;
          (7) integration of power systems, including systems to 
        deliver high-quality electric power, electric power 
        reliability, and combined heat and power;
          (8) supply of electricity to the power grid by small scale, 
        distributed and residential-based power generators;
          (9) the development and use of advanced grid design, 
        operation and planning tools;
          (10) any other infrastructure technologies, as appropriate; 
        and
          (11) technology transfer and education.
  (b) Program Plan.--Not later than 1 year after the date of the 
enactment of this legislation, the Secretary, in consultation with 
other appropriate Federal agencies, shall prepare and transmit to 
Congress a 5-year program plan to guide activities under this section. 
In preparing the program plan, the Secretary may consult with 
utilities, energy services providers, manufacturers, institutions of 
higher education, other appropriate State and local agencies, 
environmental organizations, professional and technical societies, and 
any other persons the Secretary considers appropriate.
  (c) Implementation.--The Secretary shall consider implementing this 
program using a consortium of industry, university and national 
laboratory participants.
  (d) Report.--Not later than 2 years after the transmittal of the plan 
under subsection (b), the Secretary shall transmit a report to Congress 
describing the progress made under this section and identifying any 
additional resources needed to continue the development and commercial 
application of transmission and distribution infrastructure 
technologies.
  (e) Power Delivery Research Initiative.--
          (1) In general.--The Secretary shall establish a research, 
        development, demonstration, and commercial application 
        initiative specifically focused on power delivery utilizing 
        components incorporating high temperature superconductivity.
          (2) Goals.--The goals of this initiative shall be to--
                  (A) establish facilities to develop high temperature 
                superconductivity power applications in partnership 
                with manufacturers and utilities;
                  (B) provide technical leadership for establishing 
                reliability for high temperature superconductivity 
                power applications including suitable modeling and 
                analysis;
                  (C) facilitate commercial transition toward direct 
                current power transmission, storage, and use for high 
                power systems utilizing high temperature 
                superconductivity; and
                  (D) facilitate the integration of very low impedance 
                high temperature superconducting wires and cables in 
                existing electric networks to improve system 
                performance, power flow control and reliability.
          (3) Requirements.--The initiative shall include--
                  (A) feasibility analysis, planning, research, and 
                design to construct demonstrations of superconducting 
                links in high power, direct current and controllable 
                alternating current transmission systems;
                  (B) public-private partnerships to demonstrate 
                deployment of high temperature superconducting cable 
                into testbeds simulating a realistic transmission grid 
                and under varying transmission conditions, including 
                actual grid insertions; and
                  (C) testbeds developed in cooperation with national 
                laboratories, industries, and universities to 
                demonstrate these technologies, prepare the 
                technologies for commercial introduction, and address 
                cost or performance roadblocks to successful commercial 
                use.
          (4) Authorization of appropriations.--For purposes of 
        carrying out this subsection, there are authorized to be 
        appropriated--
                  (A) for fiscal year 2006, $15,000,000;
                  (B) for fiscal year 2007, $20,000,000;
                  (C) for fiscal year 2008, $30,000,000;
                  (D) for fiscal year 2009, $35,000,000; and
                  (E) for fiscal year 2010, $40,000,000.

Sec. 1226. Advanced Power System Technology Incentive Program

  (a) Program.--The Secretary of Energy is authorized to establish an 
Advanced Power System Technology Incentive Program to support the 
deployment of certain advanced power system technologies and to improve 
and protect certain critical governmental, industrial, and commercial 
processes. Funds provided under this section shall be used by the 
Secretary to make incentive payments to eligible owners or operators of 
advanced power system technologies to increase power generation through 
enhanced operational, economic, and environmental performance. Payments 
under this section may only be made upon receipt by the Secretary of an 
incentive payment application establishing an applicant as either--
          (1) a qualifying advanced power system technology facility; 
        or
          (2) a qualifying security and assured power facility.
  (b) Incentives.--Subject to availability of funds, a payment of 1.8 
cents per kilowatt-hour shall be paid to the owner or operator of a 
qualifying advanced power system technology facility under this section 
for electricity generated at such facility. An additional 0.7 cents per 
kilowatt-hour shall be paid to the owner or operator of a qualifying 
security and assured power facility for electricity generated at such 
facility. Any facility qualifying under this section shall be eligible 
for an incentive payment for up to, but not more than, the first 
10,000,000 kilowatt-hours produced in any fiscal year.
  (c) Eligibility.--For purposes of this section:
          (1) Qualifying advanced power system technology facility.--
        The term ``qualifying advanced power system technology 
        facility'' means a facility using an advanced fuel cell, 
        turbine, or hybrid power system or power storage system to 
        generate or store electric energy.
          (2) Qualifying security and assured power facility.--The term 
        ``qualifying security and assured power facility'' means a 
        qualifying advanced power system technology facility determined 
        by the Secretary of Energy, in consultation with the Secretary 
        of Homeland Security, to be in critical need of secure, 
        reliable, rapidly available, high-quality power for critical 
        governmental, industrial, or commercial applications.
  (d) Authorization.--There are authorized to be appropriated to the 
Secretary of Energy for the purposes of this section, $10,000,000 for 
each of the fiscal years 2006 through 2012.

Sec. 1227. Office of Electric Transmission and Distribution

  (a) Creation of an Office of Electric Transmission and 
Distribution.--Title II of the Department of Energy Organization Act 
(42 U.S.C. 7131 et seq.) (as amended by section 502(a) of this Act) is 
amended by inserting the following after section 217, as added by title 
V of this Act:

``SEC. 218. OFFICE OF ELECTRIC TRANSMISSION AND DISTRIBUTION.

  ``(a) Establishment.--There is established within the Department an 
Office of Electric Transmission and Distribution. This Office shall be 
headed by a Director, subject to the authority of the Secretary. The 
Director shall be appointed by the Secretary. The Director shall be 
compensated at the annual rate prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
  ``(b) Director.--The Director shall--
          ``(1) coordinate and develop a comprehensive, multi-year 
        strategy to improve the Nation's electricity transmission and 
        distribution;
          ``(2) implement or, where appropriate, coordinate the 
        implementation of, the recommendations made in the Secretary's 
        May 2002 National Transmission Grid Study;
          ``(3) oversee research, development, and demonstration to 
        support Federal energy policy related to electricity 
        transmission and distribution;
          ``(4) grant authorizations for electricity import and export 
        pursuant to section 202(c), (d), (e), and (f) of the Federal 
        Power Act (16 U.S.C. 824a);
          ``(5) perform other functions, assigned by the Secretary, 
        related to electricity transmission and distribution; and
          ``(6) develop programs for workforce training in power and 
        transmission engineering.''.
  (b) Conforming Amendments.--(1) The table of contents of the 
Department of Energy Organization Act (42 U.S.C. 7101 note) is amended 
by inserting after the item relating to section 217 the following new 
item:

``Sec. 218. Office of Electric Transmission and Distribution.''.

  (2) Section 5315 of title 5, United States Code, is amended by 
inserting after the item relating to ``Inspector General, Department of 
Energy.'' the following:
          ``Director, Office of Electric Transmission and Distribution, 
        Department of Energy.''.

            Subtitle C--Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access

  Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by inserting after section 211 the following new section:

``SEC. 211A. OPEN ACCESS BY UNREGULATED TRANSMITTING UTILITIES.

  ``(a) Transmission Services.--Subject to section 212(h), the 
Commission may, by rule or order, require an unregulated transmitting 
utility to provide transmission services--
          ``(1) at rates that are comparable to those that the 
        unregulated transmitting utility charges itself; and
          ``(2) on terms and conditions (not relating to rates) that 
        are comparable to those under which such unregulated 
        transmitting utility provides transmission services to itself 
        and that are not unduly discriminatory or preferential.
  ``(b) Exemption.--The Commission shall exempt from any rule or order 
under this section any unregulated transmitting utility that--
          ``(1) sells no more than 4,000,000 megawatt hours of 
        electricity per year; or
          ``(2) does not own or operate any transmission facilities 
        that are necessary for operating an interconnected transmission 
        system (or any portion thereof); or
          ``(3) meets other criteria the Commission determines to be in 
        the public interest.
  ``(c) Local Distribution Facilities.--The requirements of subsection 
(a) shall not apply to facilities used in local distribution.
  ``(d) Exemption Termination.--Whenever the Commission, after an 
evidentiary hearing held upon a complaint and after giving 
consideration to reliability standards established under section 215, 
finds on the basis of a preponderance of the evidence that any 
exemption granted pursuant to subsection (b) unreasonably impairs the 
continued reliability of an interconnected transmission system, it 
shall revoke the exemption granted to that transmitting utility.
  ``(e) Application to Unregulated Transmitting Utilities.--The rate 
changing procedures applicable to public utilities under subsections 
(c) and (d) of section 205 are applicable to unregulated transmitting 
utilities for purposes of this section.
  ``(f) Remand.--In exercising its authority under paragraph (1) of 
subsection (a), the Commission may remand transmission rates to an 
unregulated transmitting utility for review and revision where 
necessary to meet the requirements of subsection (a).
  ``(g) Other Requests.--The provision of transmission services under 
subsection (a) does not preclude a request for transmission services 
under section 211.
  ``(h) Limitation.--The Commission may not require a State or 
municipality to take action under this section that would violate a 
private activity bond rule for purposes of section 141 of the Internal 
Revenue Code of 1986 (26 U.S.C. 141).
  ``(i) Transfer of Control of Transmitting Facilities.--Nothing in 
this section authorizes the Commission to require an unregulated 
transmitting utility to transfer control or operational control of its 
transmitting facilities to an RTO or any other Commission-approved 
independent transmission organization designated to provide 
nondiscriminatory transmission access.
  ``(j) Definition.--For purposes of this section, the term 
`unregulated transmitting utility' means an entity that--
          ``(1) owns or operates facilities used for the transmission 
        of electric energy in interstate commerce; and
          ``(2) is an entity described in section 201(f).''.

Sec. 1232. Sense of Congress on Regional Transmission Organizations

  It is the sense of Congress that, in order to promote fair, open 
access to electric transmission service, benefit retail consumers, 
facilitate wholesale competition, improve efficiencies in transmission 
grid management, promote grid reliability, remove opportunities for 
unduly discriminatory or preferential transmission practices, and 
provide for the efficient development of transmission infrastructure 
needed to meet the growing demands of competitive wholesale power 
markets, all transmitting utilities in interstate commerce should 
voluntarily become members of Regional Transmission Organizations as 
defined in section 3 of the Federal Power Act.

Sec. 1233. Regional Transmission Organization applications progress 
                    report

  Not later than 120 days after the date of enactment of this section, 
the Federal Energy Regulatory Commission shall submit to Congress a 
report containing each of the following:
          (1) A list of all regional transmission organization 
        applications filed at the Commission pursuant to subpart F of 
        part 35 of title 18, Code of Federal Regulations (in this 
        section referred to as ``Order No. 2000''), including an 
        identification of each public utility and other entity included 
        within the proposed membership of the regional transmission 
        organization.
          (2) A brief description of the status of each pending 
        regional transmission organization application, including a 
        precise explanation of how each fails to comply with the 
        minimal requirements of Order No. 2000 and what steps need to 
        be taken to bring each application into such compliance.
          (3) For any application that has not been finally approved by 
        the Commission, a detailed description of every aspect of the 
        application that the Commission has determined does not conform 
        to the requirements of Order No. 2000.
          (4) For any application that has not been finally approved by 
        the Commission, an explanation by the Commission of why the 
        items described pursuant to paragraph (3) constitute material 
        noncompliance with the requirements of the Commission's Order 
        No. 2000 sufficient to justify denial of approval by the 
        Commission.
          (5) For all regional transmission organization applications 
        filed pursuant to the Commission's Order No. 2000, whether 
        finally approved or not--
                  (A) a discussion of that regional transmission 
                organization's efforts to minimize rate seams between 
                itself and--
                          (i) other regional transmission 
                        organizations; and
                          (ii) entities not participating in a regional 
                        transmission organization;
                  (B) a discussion of the impact of such seams on 
                consumers and wholesale competition; and
                  (C) a discussion of minimizing cost-shifting on 
                consumers.

Sec. 1234. Federal utility participation in Regional Transmission 
                    Organizations

  (a) Definitions.--For purposes of this section--
          (1) Appropriate federal regulatory authority.--The term 
        ``appropriate Federal regulatory authority'' means--
                  (A) with respect to a Federal power marketing agency 
                (as defined in the Federal Power Act), the Secretary of 
                Energy, except that the Secretary may designate the 
                Administrator of a Federal power marketing agency to 
                act as the appropriate Federal regulatory authority 
                with respect to the transmission system of that Federal 
                power marketing agency; and
                  (B) with respect to the Tennessee Valley Authority, 
                the Board of Directors of the Tennessee Valley 
                Authority.
          (2) Federal utility.--The term ``Federal utility'' means a 
        Federal power marketing agency or the Tennessee Valley 
        Authority.
          (3) Transmission system.--The term ``transmission system'' 
        means electric transmission facilities owned, leased, or 
        contracted for by the United States and operated by a Federal 
        utility.
  (b) Transfer.--The appropriate Federal regulatory authority is 
authorized to enter into a contract, agreement or other arrangement 
transferring control and use of all or part of the Federal utility's 
transmission system to an RTO or ISO (as defined in the Federal Power 
Act), approved by the Federal Energy Regulatory Commission. Such 
contract, agreement or arrangement shall include--
          (1) performance standards for operation and use of the 
        transmission system that the head of the Federal utility 
        determines necessary or appropriate, including standards that 
        assure recovery of all the Federal utility's costs and expenses 
        related to the transmission facilities that are the subject of 
        the contract, agreement or other arrangement; consistency with 
        existing contracts and third-party financing arrangements; and 
        consistency with said Federal utility's statutory authorities, 
        obligations, and limitations;
          (2) provisions for monitoring and oversight by the Federal 
        utility of the RTO's or ISO's fulfillment of the terms and 
        conditions of the contract, agreement or other arrangement, 
        including a provision for the resolution of disputes through 
        arbitration or other means with the regional transmission 
        organization or with other participants, notwithstanding the 
        obligations and limitations of any other law regarding 
        arbitration; and
          (3) a provision that allows the Federal utility to withdraw 
        from the RTO or ISO and terminate the contract, agreement or 
        other arrangement in accordance with its terms.
Neither this section, actions taken pursuant to it, nor any other 
transaction of a Federal utility using an RTO or ISO shall confer upon 
the Federal Energy Regulatory Commission jurisdiction or authority over 
the Federal utility's electric generation assets, electric capacity or 
energy that the Federal utility is authorized by law to market, or the 
Federal utility's power sales activities.
  (c) Existing Statutory and Other Obligations.--
          (1) System operation requirements.--No statutory provision 
        requiring or authorizing a Federal utility to transmit electric 
        power or to construct, operate or maintain its transmission 
        system shall be construed to prohibit a transfer of control and 
        use of its transmission system pursuant to, and subject to all 
        requirements of subsection (b).
          (2) Other obligations.--This subsection shall not be 
        construed to--
                  (A) suspend, or exempt any Federal utility from, any 
                provision of existing Federal law, including but not 
                limited to any requirement or direction relating to the 
                use of the Federal utility's transmission system, 
                environmental protection, fish and wildlife protection, 
                flood control, navigation, water delivery, or 
                recreation; or
                  (B) authorize abrogation of any contract or treaty 
                obligation.
          (3) Repeal.--Section 311 of title III of Appendix B of the 
        Act of October 27, 2000 (P.L. 106-377, section 1(a)(2); 114 
        Stat. 1441, 1441A-80; 16 U.S.C. 824n) is repealed.

Sec. 1235. Standard market design

  (a) Remand.--The Commission's proposed rulemaking entitled 
``Remedying Undue Discrimination through Open Access Transmission 
Service and Standard Electricity Market Design'' (Docket No. RM01-12-
000) (``SMD NOPR'') is remanded to the Commission for reconsideration. 
No final rule mandating a standard electricity market design pursuant 
to the proposed rulemaking, including any rule or order of general 
applicability within the scope of the proposed rulemaking, may be 
issued before October 31, 2006, or take effect before December 31, 
2006. Any final rule issued by the Commission pursuant to the proposed 
rulemaking shall be preceded by a second notice of proposed rulemaking 
issued after the date of enactment of this Act and an opportunity for 
public comment.
  (b) Savings Clause.--This section shall not be construed to modify or 
diminish any authority or obligation the Commission has under this Act, 
the Federal Power Act, or other applicable law, including, but not 
limited to, any authority to--
          (1) issue any rule or order (of general or particular 
        applicability) pursuant to any such authority or obligation; or
          (2) act on a filing or filings by 1 or more transmitting 
        utilities for the voluntary formation of a Regional 
        Transmission Organization or Independent System Operator (as 
        defined in the Federal Power Act) (and related market 
        structures or rules) or voluntary modification of an existing 
        Regional Transmission Organization or Independent System 
        Operator (and related market structures or rules).

Sec. 1236. Native load service obligation

  Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 217. NATIVE LOAD SERVICE OBLIGATION.

  ``(a) Meeting Service Obligations.--(1) Any load-serving entity that, 
as of the date of enactment of this section--
          ``(A) owns generation facilities, markets the output of 
        Federal generation facilities, or holds rights under 1 or more 
        wholesale contracts to purchase electric energy, for the 
        purpose of meeting a service obligation, and
          ``(B) by reason of ownership of transmission facilities, or 1 
        or more contracts or service agreements for firm transmission 
        service, holds firm transmission rights for delivery of the 
        output of such generation facilities or such purchased energy 
        to meet such service obligation,
is entitled to use such firm transmission rights, or, equivalent 
tradable or financial transmission rights, in order to deliver such 
output or purchased energy, or the output of other generating 
facilities or purchased energy to the extent deliverable using such 
rights, to the extent required to meet its service obligation.
  ``(2) To the extent that all or a portion of the service obligation 
covered by such firm transmission rights or equivalent tradable or 
financial transmission rights is transferred to another load-serving 
entity, the successor load-serving entity shall be entitled to use the 
firm transmission rights or equivalent tradable or financial 
transmission rights associated with the transferred service obligation. 
Subsequent transfers to another load-serving entity, or back to the 
original load-serving entity, shall be entitled to the same rights.
  ``(3) The Commission shall exercise its authority under this Act in a 
manner that facilitates the planning and expansion of transmission 
facilities to meet the reasonable needs of load-serving entities to 
satisfy their service obligations, and enables load-serving entities to 
secure firm transmission rights (or equivalent tradable or financial 
rights) on a long term basis for long term power supply arrangements 
made, or planned, to meet such needs.
  ``(b) Allocation of Transmission Rights.--Nothing in subsections 
(a)(1) and (a) (2) of this section shall affect any existing or future 
methodology employed by an RTO or ISO for allocating or auctioning 
transmission rights if such RTO or ISO was authorized by the Commission 
to allocate or auction financial transmission rights on its system as 
of January 1, 2005, and the Commission determines that any future 
allocation or auction is just, reasonable and not unduly discriminatory 
or preferential, provided, however, that if such an RTO or ISO never 
allocated financial transmission rights on its system that pertained to 
a period before January 1, 2005, with respect to any application by 
such RTO or ISO that would change its methodology the Commission shall 
exercise its authority in a manner consistent with the Act and the 
policies expressed in subsections (a)(1) and (a)(2) as applied to firm 
transmission rights held by a load serving entity as of January 1, 
2005, to the extent the associated generation ownership or power 
purchase arrangements remain in effect.
  ``(c) Certain Transmission Rights.--The Commission may exercise 
authority under this Act to make transmission rights not used to meet 
an obligation covered by subsection (a) available to other entities in 
a manner determined by the Commission to be just, reasonable, and not 
unduly discriminatory or preferential.
  ``(d) Obligation to Build.--Nothing in this Act shall relieve a load-
serving entity from any obligation under State or local law to build 
transmission or distribution facilities adequate to meet its service 
obligations.
  ``(e) Contracts.--Nothing in this section shall provide a basis for 
abrogating any contract or service agreement for firm transmission 
service or rights in effect as of the date of the enactment of this 
subsection. If an ISO in the Western Interconnection had allocated 
financial transmission rights prior to the date of enactment of this 
section but had not done so with respect to one or more load-serving 
entities' firm transmission rights held under contracts to which the 
preceding sentence applies (or held by reason of ownership of 
transmission facilities), such load-serving entities may not be 
required, without their consent, to convert such firm transmission 
rights to tradable or financial rights, except where the load-serving 
entity has voluntarily joined the ISO as a participating transmission 
owner (or its successor) in accordance with the ISO tariff.
  ``(f) Water Pumping Facilities.--The Commission shall ensure that any 
entity described in section 201(f) that owns transmission facilities 
used predominately to support its own water pumping facilities shall 
have, with respect to such facilities, protections for transmission 
service comparable to those provided to load-serving entities pursuant 
to this section.
  ``(g) FERC Rulemaking on Long-Term Transmission Rights in Organized 
Markets.--Within one year after the date of enactment of this section 
and after notice and an opportunity for comment, the Commission shall 
by rule or order implement subsection (a)(3) in Commission-approved 
RTOs and ISOs with organized electricity markets.
  ``(h) ERCOT.--This section shall not apply within the area referred 
to in section 212(k)(2)(A).
  ``(i) Jurisdiction.--This section does not authorize the Commission 
to take any action not otherwise within its jurisdiction.
  ``(j) Effect of Exercising Rights.--An entity that lawfully exercises 
rights granted under subsection (a) shall not be considered by such 
action as engaging in undue discrimination or preference under this 
Act.
  ``(k) TVA Area.--For purposes of subsection (a)(1)(B), a load-serving 
entity that is located within the service area of the Tennessee Valley 
Authority and that has a firm wholesale power supply contract with the 
Tennessee Valley Authority shall be deemed to hold firm transmission 
rights for the transmission of such power.
  ``(l) Definitions.--For purposes of this section:
          ``(1) The term `distribution utility' means an electric 
        utility that has a service obligation to end-users or to a 
        State utility or electric cooperative that, directly or 
        indirectly, through 1 or more additional State utilities or 
        electric cooperatives, provides electric service to end-users.
          ``(2) The term `load-serving entity' means a distribution 
        utility or an electric utility that has a service obligation.
          ``(3) The term `service obligation' means a requirement 
        applicable to, or the exercise of authority granted to, an 
        electric utility under Federal, State or local law or under 
        long-term contracts to provide electric service to end-users or 
        to a distribution utility.
          ``(4) The term `State utility' means a State or any political 
        subdivision of a State, or any agency, authority, or 
        instrumentality of any 1 or more of the foregoing, or a 
        corporation which is wholly owned, directly or indirectly, by 
        any 1 or more of the foregoing, competent to carry on the 
        business of developing, transmitting, utilizing or distributing 
        power.''.

Sec. 1237. Study on the benefits of economic dispatch

  (a) Study.--The Secretary of Energy, in coordination and consultation 
with the States, shall conduct a study on--
          (1) the procedures currently used by electric utilities to 
        perform economic dispatch;
          (2) identifying possible revisions to those procedures to 
        improve the ability of nonutility generation resources to offer 
        their output for sale for the purpose of inclusion in economic 
        dispatch; and
          (3) the potential benefits to residential, commercial, and 
        industrial electricity consumers nationally and in each state 
        if economic dispatch procedures were revised to improve the 
        ability of nonutility generation resources to offer their 
        output for inclusion in economic dispatch.
  (b) Definition.--The term ``economic dispatch'' when used in this 
section means the operation of generation facilities to produce energy 
at the lowest cost to reliably serve consumers, recognizing any 
operational limits of generation and transmission facilities.
  (c) Report to Congress and the States.--Not later than 90 days after 
the date of enactment of this Act, and on a yearly basis following, the 
Secretary of Energy shall submit a report to Congress and the States on 
the results of the study conducted under subsection (a), including 
recommendations to Congress and the States for any suggested 
legislative or regulatory changes.

                  Subtitle D--Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment

  Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 218. TRANSMISSION INFRASTRUCTURE INVESTMENT.

  ``(a) Rulemaking Requirement.--Within 1 year after the enactment of 
this section, the Commission shall establish, by rule, incentive-based 
(including, but not limited to performance-based) rate treatments for 
the transmission of electric energy in interstate commerce by public 
utilities for the purpose of benefiting consumers by ensuring 
reliability and reducing the cost of delivered power by reducing 
transmission congestion. Such rule shall--
          ``(1) promote reliable and economically efficient 
        transmission and generation of electricity by promoting capital 
        investment in the enlargement, improvement, maintenance and 
        operation of facilities for the transmission of electric energy 
        in interstate commerce;
          ``(2) provide a return on equity that attracts new investment 
        in transmission facilities (including related transmission 
        technologies);
          ``(3) encourage deployment of transmission technologies and 
        other measures to increase the capacity and efficiency of 
        existing transmission facilities and improve the operation of 
        such facilities; and
          ``(4) allow recovery of all prudently incurred costs 
        necessary to comply with mandatory reliability standards issued 
        pursuant to section 215 of this Act.
The Commission may, from time to time, revise such rule.
  ``(b) Additional Incentives for RTO Participation.--In the rule 
issued under this section, the Commission shall, to the extent within 
its jurisdiction, provide for incentives to each transmitting utility 
or electric utility that joins a Regional Transmission Organization or 
Independent System Operator. Incentives provided by the Commission 
pursuant to such rule shall include--
          ``(1) recovery of all prudently incurred costs to develop and 
        participate in any proposed or approved RTO, ISO, or 
        independent transmission company;
          ``(2) recovery of all costs previously approved by a State 
        commission which exercised jurisdiction over the transmission 
        facilities prior to the utility's participation in the RTO or 
        ISO, including costs necessary to honor preexisting 
        transmission service contracts, in a manner which does not 
        reduce the revenues the utility receives for transmission 
        services for a reasonable transition period after the utility 
        joins the RTO or ISO;
          ``(3) recovery as an expense in rates of the costs prudently 
        incurred to conduct transmission planning and reliability 
        activities, including the costs of participating in RTO, ISO 
        and other regional planning activities and design, study and 
        other precertification costs involved in seeking permits and 
        approvals for proposed transmission facilities;
          ``(4) a current return in rates for construction work in 
        progress for transmission facilities and full recovery of 
        prudently incurred costs for constructing transmission 
        facilities;
          ``(5) formula transmission rates; and
          ``(6) a maximum 15 year accelerated depreciation on new 
        transmission facilities for rate treatment purposes.
The Commission shall ensure that any costs recoverable pursuant to this 
subsection may be recovered by such utility through the transmission 
rates charged by such utility or through the transmission rates charged 
by the RTO or ISO that provides transmission service to such utility.
  ``(c) Just and Reasonable Rates.--All rates approved under the rules 
adopted pursuant to this section, including any revisions to such 
rules, are subject to the requirement of sections 205 and 206 that all 
rates, charges, terms, and conditions be just and reasonable and not 
unduly discriminatory or preferential.''.

                    Subtitle E--Amendments to PURPA

Sec. 1251. Net metering and additional standards

  (a) Adoption of Standards.--Section 111(d) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by 
adding at the end the following:
          ``(11) Net metering.--Each electric utility shall make 
        available upon request net metering service to any electric 
        consumer that the electric utility serves. For purposes of this 
        paragraph, the term `net metering service' means service to an 
        electric consumer under which electric energy generated by that 
        electric consumer from an eligible on-site generating facility 
        and delivered to the local distribution facilities may be used 
        to offset electric energy provided by the electric utility to 
        the electric consumer during the applicable billing period.
          ``(12) Fuel sources.--Each electric utility shall develop a 
        plan to minimize dependence on 1 fuel source and to ensure that 
        the electric energy it sells to consumers is generated using a 
        diverse range of fuels and technologies, including renewable 
        technologies.
          ``(13) Fossil fuel generation efficiency.--Each electric 
        utility shall develop and implement a 10-year plan to increase 
        the efficiency of its fossil fuel generation.''.
  (b) Compliance.--
          (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
  ``(3)(A) Not later than 2 years after the enactment of this 
paragraph, each State regulatory authority (with respect to each 
electric utility for which it has ratemaking authority) and each 
nonregulated electric utility shall commence the consideration referred 
to in section 111, or set a hearing date for such consideration, with 
respect to each standard established by paragraphs (11) through (13) of 
section 111(d).
  ``(B) Not later than 3 years after the date of the enactment of this 
paragraph, each State regulatory authority (with respect to each 
electric utility for which it has ratemaking authority), and each 
nonregulated electric utility, shall complete the consideration, and 
shall make the determination, referred to in section 111 with respect 
to each standard established by paragraphs (11) through (13) of section 
111(d).''.
          (2) Failure to comply.--Section 112(c) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended 
        by adding at the end the following:
``In the case of each standard established by paragraphs (11) through 
(13) of section 111(d), the reference contained in this subsection to 
the date of enactment of this Act shall be deemed to be a reference to 
the date of enactment of such paragraphs (11) through (13).''.
          (3) Prior state actions.--
                  (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) is 
                amended by adding at the end the following:
  ``(d) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standards established by paragraphs (11) through 
(13) of section 111(d) in the case of any electric utility in a State 
if, before the enactment of this subsection--
          ``(1) the State has implemented for such utility the standard 
        concerned (or a comparable standard);
          ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility; or
          ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such 
        utility.''.
                  (B) Cross reference.--Section 124 of such Act (16 
                U.S.C. 2634) is amended by adding the following at the 
                end thereof: ``In the case of each standard established 
                by paragraphs (11) through (13) of section 111(d), the 
                reference contained in this subsection to the date of 
                enactment of this Act shall be deemed to be a reference 
                to the date of enactment of such paragraphs (11) 
                through (13).''.

SEC. 1252. SMART METERING.

  (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
end the following:
          ``(14) Time-based metering and communications.--
                  ``(A) Not later than 18 months after the date of 
                enactment of this paragraph, each electric utility 
                shall offer each of its customer classes, and provide 
                individual customers upon customer request, a time-
                based rate schedule under which the rate charged by the 
                electric utility varies during different time periods 
                and reflects the variance, if any, in the utility's 
                costs of generating and purchasing electricity at the 
                wholesale level. The time-based rate schedule shall 
                enable the electric consumer to manage energy use and 
                cost through advanced metering and communications 
                technology.
                  ``(B) The types of time-based rate schedules that may 
                be offered under the schedule referred to in 
                subparagraph (A) include, among others--
                          ``(i) time-of-use pricing whereby electricity 
                        prices are set for a specific time period on an 
                        advance or forward basis, typically not 
                        changing more often than twice a year, based on 
                        the utility's cost of generating and/or 
                        purchasing such electricity at the wholesale 
                        level for the benefit of the consumer. Prices 
                        paid for energy consumed during these periods 
                        shall be pre-established and known to consumers 
                        in advance of such consumption, allowing them 
                        to vary their demand and usage in response to 
                        such prices and manage their energy costs by 
                        shifting usage to a lower cost period or 
                        reducing their consumption overall;
                          ``(ii) critical peak pricing whereby time-of-
                        use prices are in effect except for certain 
                        peak days, when prices may reflect the costs of 
                        generating and/or purchasing electricity at the 
                        wholesale level and when consumers may receive 
                        additional discounts for reducing peak period 
                        energy consumption;
                          ``(iii) real-time pricing whereby electricity 
                        prices are set for a specific time period on an 
                        advanced or forward basis, reflecting the 
                        utility's cost of generating and/or purchasing 
                        electricity at the wholesale level, and may 
                        change as often as hourly; and
                          ``(iv) credits for consumers with large loads 
                        who enter into pre-established peak load 
                        reduction agreements that reduce a utility's 
                        planned capacity obligations.
                  ``(C) Each electric utility subject to subparagraph 
                (A) shall provide each customer requesting a time-based 
                rate with a time-based meter capable of enabling the 
                utility and customer to offer and receive such rate, 
                respectively.
                  ``(D) For purposes of implementing this paragraph, 
                any reference contained in this section to the date of 
                enactment of the Public Utility Regulatory Policies Act 
                of 1978 shall be deemed to be a reference to the date 
                of enactment of this paragraph.
                  ``(E) In a State that permits third-party marketers 
                to sell electric energy to retail electric consumers, 
                such consumers shall be entitled to receive the same 
                time-based metering and communications device and 
                service as a retail electric consumer of the electric 
                utility.
                  ``(F) Notwithstanding subsections (b) and (c) of 
                section 112, each State regulatory authority shall, not 
                later than 18 months after the date of enactment of 
                this paragraph conduct an investigation in accordance 
                with section 115(i) and issue a decision whether it is 
                appropriate to implement the standards set out in 
                subparagraphs (A) and (C).''.
  (b) State Investigation of Demand Response and Time-Based Metering.--
Section 115 of the Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2625) is amended as follows:
          (1) By inserting in subsection (b) after the phrase ``the 
        standard for time-of-day rates established by section 
        111(d)(3)'' the following: ``and the standard for time-based 
        metering and communications established by section 
        111(d)(14)''.
          (2) By inserting in subsection (b) after the phrase ``are 
        likely to exceed the metering'' the following: ``and 
        communications''.
          (3) By adding the at the end the following:
  ``(i) Time-Based Metering and Communications.--In making a 
determination with respect to the standard established by section 
111(d)(14), the investigation requirement of section 111(d)(14)(F) 
shall be as follows: Each State regulatory authority shall conduct an 
investigation and issue a decision whether or not it is appropriate for 
electric utilities to provide and install time-based meters and 
communications devices for each of their customers which enable such 
customers to participate in time-based pricing rate schedules and other 
demand response programs.''.
  (c) Federal Assistance on Demand Response.--Section 132(a) of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2642(a)) is 
amended by striking ``and'' at the end of paragraph (3), striking the 
period at the end of paragraph (4) and inserting ``; and'', and by 
adding the following at the end thereof:
          ``(5) technologies, techniques, and rate-making methods 
        related to advanced metering and communications and the use of 
        these technologies, techniques and methods in demand response 
        programs.''.
  (d) Federal Guidance.--Section 132 of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2642) is amended by adding the 
following at the end thereof:
  ``(d) Demand Response.--The Secretary shall be responsible for--
          ``(1) educating consumers on the availability, advantages, 
        and benefits of advanced metering and communications 
        technologies, including the funding of demonstration or pilot 
        projects;
          ``(2) working with States, utilities, other energy providers 
        and advanced metering and communications experts to identify 
        and address barriers to the adoption of demand response 
        programs; and
          ``(3) not later than 180 days after the date of enactment of 
        the Energy Policy Act of 2005, providing Congress with a report 
        that identifies and quantifies the national benefits of demand 
        response and makes a recommendation on achieving specific 
        levels of such benefits by January 1, 2007.''.
  (e) Demand Response and Regional Coordination.--
          (1) In general.--It is the policy of the United States to 
        encourage States to coordinate, on a regional basis, State 
        energy policies to provide reliable and affordable demand 
        response services to the public.
          (2) Technical assistance.--The Secretary of Energy shall 
        provide technical assistance to States and regional 
        organizations formed by 2 or more States to assist them in--
                  (A) identifying the areas with the greatest demand 
                response potential;
                  (B) identifying and resolving problems in 
                transmission and distribution networks, including 
                through the use of demand response;
                  (C) developing plans and programs to use demand 
                response to respond to peak demand or emergency needs; 
                and
                  (D) identifying specific measures consumers can take 
                to participate in these demand response programs.
          (3) Report.--Not later than 1 year after the date of 
        enactment of the Energy Policy Act of 2005, the Commission 
        shall prepare and publish an annual report, by appropriate 
        region, that assesses demand response resources, including 
        those available from all consumer classes, and which identifies 
        and reviews--
                  (A) saturation and penetration rate of advanced 
                meters and communications technologies, devices and 
                systems;
                  (B) existing demand response programs and time-based 
                rate programs;
                  (C) the annual resource contribution of demand 
                resources;
                  (D) the potential for demand response as a 
                quantifiable, reliable resource for regional planning 
                purposes;
                  (E) steps taken to ensure that, in regional 
                transmission planning and operations, demand resources 
                are provided equitable treatment as a quantifiable, 
                reliable resource relative to the resource obligations 
                of any load-serving entity, transmission provider, or 
                transmitting party; and
                  (F) regulatory barriers to improved customer 
                participation in demand response, peak reduction and 
                critical period pricing programs.
  (f) Federal Encouragement of Demand Response Devices.--It is the 
policy of the United States that time-based pricing and other forms of 
demand response, whereby electricity customers are provided with 
electricity price signals and the ability to benefit by responding to 
them, shall be encouraged, the deployment of such technology and 
devices that enable electricity customers to participate in such 
pricing and demand response systems shall be facilitated, and 
unnecessary barriers to demand response participation in energy, 
capacity and ancillary service markets shall be eliminated. It is 
further the policy of the United States that the benefits of such 
demand response that accrue to those not deploying such technology and 
devices, but who are part of the same regional electricity entity, 
shall be recognized.
  (g) Time Limitations.--Section 112(b) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by 
adding at the end the following:
          ``(4)(A) Not later than 1 year after the enactment of this 
        paragraph, each State regulatory authority (with respect to 
        each electric utility for which it has ratemaking authority) 
        and each nonregulated electric utility shall commence the 
        consideration referred to in section 111, or set a hearing date 
        for such consideration, with respect to the standard 
        established by paragraph (14) of section 111(d).
          ``(B) Not later than 2 years after the date of the enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority), and each nonregulated electric utility, shall 
        complete the consideration, and shall make the determination, 
        referred to in section 111 with respect to the standard 
        established by paragraph (14) of section 111(d).''.
  (h) Failure to Comply.--Section 112(c) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by 
adding at the end the following:
``In the case of the standard established by paragraph (14) of section 
111(d), the reference contained in this subsection to the date of 
enactment of this Act shall be deemed to be a reference to the date of 
enactment of such paragraph (14).''.
  (i) Prior State Actions Regarding Smart Metering Standards.--
          (1) In general.--Section 112 of the Public Utility Regulatory 
        Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at 
        the end the following:
  ``(e) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (14) of 
section 111(d) in the case of any electric utility in a State if, 
before the enactment of this subsection--
          ``(1) the State has implemented for such utility the standard 
        concerned (or a comparable standard);
          ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility within the previous 
        3 years; or
          ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such utility 
        within the previous 3 years.''.
          (2) Cross reference.--Section 124 of such Act (16 U.S.C. 
        2634) is amended by adding the following at the end thereof: 
        ``In the case of the standard established by paragraph (14) of 
        section 111(d), the reference contained in this subsection to 
        the date of enactment of this Act shall be deemed to be a 
        reference to the date of enactment of such paragraph (14).''.

SEC. 1253. COGENERATION AND SMALL POWER PRODUCTION PURCHASE AND SALE 
                    REQUIREMENTS.

  (a) Termination of Mandatory Purchase and Sale Requirements.--Section 
210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
824a-3) is amended by adding at the end the following:
  ``(m) Termination of Mandatory Purchase and Sale Requirements.--
          ``(1) Obligation to purchase.--After the date of enactment of 
        this subsection, no electric utility shall be required to enter 
        into a new contract or obligation to purchase electric energy 
        from a qualifying cogeneration facility or a qualifying small 
        power production facility under this section if the Commission 
        finds that the qualifying cogeneration facility or qualifying 
        small power production facility has nondiscriminatory access 
        to--
                  ``(A)(i) independently administered, auction-based 
                day ahead and real time wholesale markets for the sale 
                of electric energy; and (ii) wholesale markets for 
                long-term sales of capacity and electric energy; or
                  ``(B)(i) transmission and interconnection services 
                that are provided by a Commission-approved regional 
                transmission entity and administered pursuant to an 
                open access transmission tariff that affords 
                nondiscriminatory treatment to all customers; and (ii) 
                competitive wholesale markets that provide a meaningful 
                opportunity to sell capacity, including long-term and 
                short-term sales, and electric energy, including long-
                term, short-term and real-time sales, to buyers other 
                than the utility to which the qualifying facility is 
                interconnected. In determining whether a meaningful 
                opportunity to sell exists, the Commission shall 
                consider, among other factors, evidence of transactions 
                within the relevant market; or
                  ``(C) wholesale markets for the sale of capacity and 
                electric energy that are, at a minimum, of comparable 
                competitive quality as markets described in 
                subparagraphs (A) and (B).
          ``(2) Revised purchase and sale obligation for new 
        facilities.--(A) After the date of enactment of this 
        subsection, no electric utility shall be required pursuant to 
        this section to enter into a new contract or obligation to 
        purchase from or sell electric energy to a facility that is not 
        an existing qualifying cogeneration facility unless the 
        facility meets the criteria for qualifying cogeneration 
        facilities established by the Commission pursuant to the 
        rulemaking required by subsection (n).
          ``(B) For the purposes of this paragraph, the term `existing 
        qualifying cogeneration facility' means a facility that--
                  ``(i) was a qualifying cogeneration facility on the 
                date of enactment of subsection (m); or
                  ``(ii) had filed with the Commission a notice of 
                self-certification, self recertification or an 
                application for Commission certification under 18 
                C.F.R. 292.207 prior to the date on which the 
                Commission issues the final rule required by subsection 
                (n).
          ``(3) Commission review.--Any electric utility may file an 
        application with the Commission for relief from the mandatory 
        purchase obligation pursuant to this subsection on a service 
        territory-wide basis. Such application shall set forth the 
        factual basis upon which relief is requested and describe why 
        the conditions set forth in subparagraphs (A), (B) or (C) of 
        paragraph (1) of this subsection have been met. After notice, 
        including sufficient notice to potentially affected qualifying 
        cogeneration facilities and qualifying small power production 
        facilities, and an opportunity for comment, the Commission 
        shall make a final determination within 90 days of such 
        application regarding whether the conditions set forth in 
        subparagraphs (A), (B) or (C) of paragraph (1) have been met.
          ``(4) Reinstatement of obligation to purchase.--At any time 
        after the Commission makes a finding under paragraph (3) 
        relieving an electric utility of its obligation to purchase 
        electric energy, a qualifying cogeneration facility, a 
        qualifying small power production facility, a State agency, or 
        any other affected person may apply to the Commission for an 
        order reinstating the electric utility's obligation to purchase 
        electric energy under this section. Such application shall set 
        forth the factual basis upon which the application is based and 
        describe why the conditions set forth in subparagraphs (A), (B) 
        or (C) of paragraph (1) of this subsection are no longer met. 
        After notice, including sufficient notice to potentially 
        affected utilities, and opportunity for comment, the Commission 
        shall issue an order within 90 days of such application 
        reinstating the electric utility's obligation to purchase 
        electric energy under this section if the Commission finds that 
        the conditions set forth in subparagraphs (A), (B) or (C) of 
        paragraph (1) which relieved the obligation to purchase, are no 
        longer met.
          ``(5) Obligation to sell.--After the date of enactment of 
        this subsection, no electric utility shall be required to enter 
        into a new contract or obligation to sell electric energy to a 
        qualifying cogeneration facility or a qualifying small power 
        production facility under this section if the Commission finds 
        that--
                  ``(A) competing retail electric suppliers are willing 
                and able to sell and deliver electric energy to the 
                qualifying cogeneration facility or qualifying small 
                power production facility; and
                  ``(B) the electric utility is not required by State 
                law to sell electric energy in its service territory.
          ``(6) No effect on existing rights and remedies.--Nothing in 
        this subsection affects the rights or remedies of any party 
        under any contract or obligation, in effect or pending approval 
        before the appropriate State regulatory authority or non-
        regulated electric utility on the date of enactment of this 
        subsection, to purchase electric energy or capacity from or to 
        sell electric energy or capacity to a qualifying cogeneration 
        facility or qualifying small power production facility under 
        this Act (including the right to recover costs of purchasing 
        electric energy or capacity).
          ``(7) Recovery of costs.--(A) The Commission shall issue and 
        enforce such regulations as are necessary to ensure that an 
        electric utility that purchases electric energy or capacity 
        from a qualifying cogeneration facility or qualifying small 
        power production facility in accordance with any legally 
        enforceable obligation entered into or imposed under this 
        section recovers all prudently incurred costs associated with 
        the purchase.
          ``(B) A regulation under subparagraph (A) shall be 
        enforceable in accordance with the provisions of law applicable 
        to enforcement of regulations under the Federal Power Act (16 
        U.S.C. 791a et seq.).
  ``(n) Rulemaking for New Qualifying Facilities.--(1)(A) Not later 
than 180 days after the date of enactment of this section, the 
Commission shall issue a rule revising the criteria in 18 C.F.R. 
292.205 for new qualifying cogeneration facilities seeking to sell 
electric energy pursuant to section 210 of this Act to ensure--
          ``(i) that the thermal energy output of a new qualifying 
        cogeneration facility is used in a productive and beneficial 
        manner;
          ``(ii) the electrical, thermal, and chemical output of the 
        cogeneration facility is used fundamentally for industrial, 
        commercial, or institutional purposes and is not intended 
        fundamentally for sale to an electric utility, taking into 
        account technological, efficiency, economic, and variable 
        thermal energy requirements, as well as State laws applicable 
        to sales of electric energy from a qualifying facility to its 
        host facility; and
          ``(iii) continuing progress in the development of efficient 
        electric energy generating technology.
  ``(B) The rule issued pursuant to paragraph (1)(A) of this 
subsecvtion shall be applicable only to facilities that seek to sell 
electric energy pursuant to section 210 of this Act. For all other 
purposes, except as specifically provided in subsection (m)(2)(A), 
qualifying facility status shall be determined in accordance with the 
rules and regulations of this Act.
  ``(2) Notwithstanding rule revisions under paragraph (1), the 
Commission's criteria for qualifying cogeneration facilities in effect 
prior to the date on which the Commission issues the final rule 
required by paragraph (1) shall continue to apply to any cogeneration 
facility that--
          ``(A) was a qualifying cogeneration facility on the date of 
        enactment of subsection (m), or
          ``(B) had filed with the Commission a notice of self-
        certification, self-recertification or an application for 
        Commission certification under 18 C.F.R. 292.207 prior to the 
        date on which the Commission issues the final rule required by 
        paragraph (1).''.
  (b) Elimination of Ownership Limitations.--
          (1) Qualifying small power production facility.--Section 
        3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) is 
        amended to read as follows:
                  ``(C) `qualifying small power production facility' 
                means a small power production facility that the 
                Commission determines, by rule, meets such requirements 
                (including requirements respecting fuel use, fuel 
                efficiency, and reliability) as the Commission may, by 
                rule, prescribe;''.
          (2) Qualifying cogeneration facility.--Section 3(18)(B) of 
        the Federal Power Act (16 U.S.C. 796(18)(B)) is amended to read 
        as follows:
                  ``(B) `qualifying cogeneration facility' means a 
                cogeneration facility that the Commission determines, 
                by rule, meets such requirements (including 
                requirements respecting minimum size, fuel use, and 
                fuel efficiency) as the Commission may, by rule, 
                prescribe;''.

SEC. 1254. INTERCONNECTION.

  (a) Adoption of Standards.--Section 111(d) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2621 (d) ) is amended by 
adding at the end the following:
          ``(16) Interconnection.--Each electric utility shall make 
        available, upon request, interconnection service to any 
        electric consumer that the electric utility serves. For 
        purposes of this paragraph, the term `interconnection service' 
        means service to an electric consumer under which an on-site 
        generating facility on the consumer's premises shall be 
        connected to the local distribution facilities. Interconnection 
        services shall be offered based upon the standards developed by 
        the Institute of Electrical and Electronics Engineers: IEEE 
        Standard 1547 for Interconnecting Distributed Resources with 
        Electric Power Systems, as they may be amended from time to 
        time. In addition, agreements and procedures shall be 
        established whereby the services are offered shall promote 
        current best practices of interconnection for distributed 
        generation, including but not limited to practices stipulated 
        in model codes adopted by associations of state regulatory 
        agencies. All such agreements and procedures shall be just and 
        reasonable, and not unduly discriminatory or preferential.''.
  (b) Compliance.--
          (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
          ``(5)(A) Not later than one year after the enactment of this 
        paragraph, each State regulatory authority (with respect to 
        each electric utility for which it has ratemaking authority) 
        and each nonregulated utility shall commence the consideration 
        referred to in section 111, or set a hearing date for 
        consideration, with respect to the standard established by 
        paragraph (16) of section 111(d).
          ``(B) Not later than two years after the date of the 
        enactment of the this paragraph, each State regulatory 
        authority (with respect to each electric utility for which it 
        has ratemaking authority), and each nonregulated electric 
        utility, shall complete the consideration, and shall make the 
        determination, referred to in section 111 with respect to each 
        standard established by paragraph (16) of section 111(d).''.
          (2) Failure to comply.--Section 112 (d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622 (c)) is amended 
        by adding at the end the following: ``In the case of the 
        standard established by paragraph (16), the reference contained 
        in this subsection to the date of enactment of this Act shall 
        be deemed to be a reference to the date of enactment of 
        paragraph (16).''.
          (3) Prior state actions.--
                  (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) is 
                amended by adding at the end the following:
  ``(f) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standards established by paragraph (16) of 
section 111(d) in the case of any electric utility in a State if, 
before the enactment of this subsection--
          ``(1) the State has implemented for such utility the standard 
        concerned (or a comparable standard);
          ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility; or
          ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such 
        utility.''.
                  (B) Cross reference.--Section 124 of such Act (16 
                U.S.C. 2634) is amended by adding the following at the 
                end thereof: ``In the case of each standard established 
                by paragraph (16) of section 111(d), the reference 
                contained in this subsection to the date of enactment 
                of the Act shall be deemed to be a reference to the 
                date of enactment of paragraph (16).''.

                      Subtitle F--Repeal of PUHCA

SEC. 1261. SHORT TITLE.

  This subtitle may be cited as the ``Public Utility Holding Company 
Act of 2005''.

SEC. 1262. DEFINITIONS.

  For purposes of this subtitle:
          (1) Affiliate.--The term ``affiliate'' of a company means any 
        company, 5 percent or more of the outstanding voting securities 
        of which are owned, controlled, or held with power to vote, 
        directly or indirectly, by such company.
          (2) Associate company.--The term ``associate company'' of a 
        company means any company in the same holding company system 
        with such company.
          (3) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
          (4) Company.--The term ``company'' means a corporation, 
        partnership, association, joint stock company, business trust, 
        or any organized group of persons, whether incorporated or not, 
        or a receiver, trustee, or other liquidating agent of any of 
        the foregoing.
          (5) Electric utility company.--The term ``electric utility 
        company'' means any company that owns or operates facilities 
        used for the generation, transmission, or distribution of 
        electric energy for sale.
          (6) Exempt wholesale generator and foreign utility company.--
        The terms ``exempt wholesale generator'' and ``foreign utility 
        company'' have the same meanings as in sections 32 and 33, 
        respectively, of the Public Utility Holding Company Act of 1935 
        (15 U.S.C. 79z-5a, 79z-5b), as those sections existed on the 
        day before the effective date of this subtitle.
          (7) Gas utility company.--The term ``gas utility company'' 
        means any company that owns or operates facilities used for 
        distribution at retail (other than the distribution only in 
        enclosed portable containers or distribution to tenants or 
        employees of the company operating such facilities for their 
        own use and not for resale) of natural or manufactured gas for 
        heat, light, or power.
          (8) Holding company.--The term ``holding company'' means--
                  (A) any company that directly or indirectly owns, 
                controls, or holds, with power to vote, 10 percent or 
                more of the outstanding voting securities of a public-
                utility company or of a holding company of any public-
                utility company; and
                  (B) any person, determined by the Commission, after 
                notice and opportunity for hearing, to exercise 
                directly or indirectly (either alone or pursuant to an 
                arrangement or understanding with 1 or more persons) 
                such a controlling influence over the management or 
                policies of any public-utility company or holding 
                company as to make it necessary or appropriate for the 
                rate protection of utility customers with respect to 
                rates that such person be subject to the obligations, 
                duties, and liabilities imposed by this subtitle upon 
                holding companies.
          (9) Holding company system.--The term ``holding company 
        system'' means a holding company, together with its subsidiary 
        companies.
          (10) Jurisdictional rates.--The term ``jurisdictional rates'' 
        means rates accepted or established by the Commission for the 
        transmission of electric energy in interstate commerce, the 
        sale of electric energy at wholesale in interstate commerce, 
        the transportation of natural gas in interstate commerce, and 
        the sale in interstate commerce of natural gas for resale for 
        ultimate public consumption for domestic, commercial, 
        industrial, or any other use.
          (11) Natural gas company.--The term ``natural gas company'' 
        means a person engaged in the transportation of natural gas in 
        interstate commerce or the sale of such gas in interstate 
        commerce for resale.
          (12) Person.--The term ``person'' means an individual or 
        company.
          (13) Public utility.--The term ``public utility'' means any 
        person who owns or operates facilities used for transmission of 
        electric energy in interstate commerce or sales of electric 
        energy at wholesale in interstate commerce.
          (14) Public-utility company.--The term ``public-utility 
        company'' means an electric utility company or a gas utility 
        company.
          (15) State commission.--The term ``State commission'' means 
        any commission, board, agency, or officer, by whatever name 
        designated, of a State, municipality, or other political 
        subdivision of a State that, under the laws of such State, has 
        jurisdiction to regulate public utility companies.
          (16) Subsidiary company.--The term ``subsidiary company'' of 
        a holding company means--
                  (A) any company, 10 percent or more of the 
                outstanding voting securities of which are directly or 
                indirectly owned, controlled, or held with power to 
                vote, by such holding company; and
                  (B) any person, the management or policies of which 
                the Commission, after notice and opportunity for 
                hearing, determines to be subject to a controlling 
                influence, directly or indirectly, by such holding 
                company (either alone or pursuant to an arrangement or 
                understanding with 1 or more other persons) so as to 
                make it necessary for the rate protection of utility 
                customers with respect to rates that such person be 
                subject to the obligations, duties, and liabilities 
                imposed by this subtitle upon subsidiary companies of 
                holding companies.
          (17) Voting security.--The term ``voting security'' means any 
        security presently entitling the owner or holder thereof to 
        vote in the direction or management of the affairs of a 
        company.

SEC. 1263. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935.

  The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) 
is repealed.

SEC. 1264. FEDERAL ACCESS TO BOOKS AND RECORDS.

  (a) In General.--Each holding company and each associate company 
thereof shall maintain, and shall make available to the Commission, 
such books, accounts, memoranda, and other records as the Commission 
determines are relevant to costs incurred by a public utility or 
natural gas company that is an associate company of such holding 
company and necessary or appropriate for the protection of utility 
customers with respect to jurisdictional rates.
  (b) Affiliate Companies.--Each affiliate of a holding company or of 
any subsidiary company of a holding company shall maintain, and shall 
make available to the Commission, such books, accounts, memoranda, and 
other records with respect to any transaction with another affiliate, 
as the Commission determines are relevant to costs incurred by a public 
utility or natural gas company that is an associate company of such 
holding company and necessary or appropriate for the protection of 
utility customers with respect to jurisdictional rates.
  (c) Holding Company Systems.--The Commission may examine the books, 
accounts, memoranda, and other records of any company in a holding 
company system, or any affiliate thereof, as the Commission determines 
are relevant to costs incurred by a public utility or natural gas 
company within such holding company system and necessary or appropriate 
for the protection of utility customers with respect to jurisdictional 
rates.
  (d) Confidentiality.--No member, officer, or employee of the 
Commission shall divulge any fact or information that may come to his 
or her knowledge during the course of examination of books, accounts, 
memoranda, or other records as provided in this section, except as may 
be directed by the Commission or by a court of competent jurisdiction.

SEC. 1265. STATE ACCESS TO BOOKS AND RECORDS.

  (a) In General.--Upon the written request of a State commission 
having jurisdiction to regulate a public-utility company in a holding 
company system, the holding company or any associate company or 
affiliate thereof, other than such public-utility company, wherever 
located, shall produce for inspection books, accounts, memoranda, and 
other records that--
          (1) have been identified in reasonable detail in a proceeding 
        before the State commission;
          (2) the State commission determines are relevant to costs 
        incurred by such public-utility company; and
          (3) are necessary for the effective discharge of the 
        responsibilities of the State commission with respect to such 
        proceeding.
  (b) Limitation.--Subsection (a) does not apply to any person that is 
a holding company solely by reason of ownership of 1 or more qualifying 
facilities under the Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2601 et seq.).
  (c) Confidentiality of Information.--The production of books, 
accounts, memoranda, and other records under subsection (a) shall be 
subject to such terms and conditions as may be necessary and 
appropriate to safeguard against unwarranted disclosure to the public 
of any trade secrets or sensitive commercial information.
  (d) Effect on State Law.--Nothing in this section shall preempt 
applicable State law concerning the provision of books, accounts, 
memoranda, and other records, or in any way limit the rights of any 
State to obtain books, accounts, memoranda, and other records under any 
other Federal law, contract, or otherwise.
  (e) Court Jurisdiction.--Any United States district court located in 
the State in which the State commission referred to in subsection (a) 
is located shall have jurisdiction to enforce compliance with this 
section.

SEC. 1266. EXEMPTION AUTHORITY.

  (a) Rulemaking.--Not later than 90 days after the effective date of 
this subtitle, the Commission shall issue a final rule to exempt from 
the requirements of section 1264 (relating to Federal access to books 
and records) any person that is a holding company, solely with respect 
to 1 or more--
          (1) qualifying facilities under the Public Utility Regulatory 
        Policies Act of 1978 (16 U.S.C. 2601 et seq.);
          (2) exempt wholesale generators; or
          (3) foreign utility companies.
  (b) Other Authority.--The Commission shall exempt a person or 
transaction from the requirements of section 1264 (relating to Federal 
access to books and records) if, upon application or upon the motion of 
the Commission--
          (1) the Commission finds that the books, accounts, memoranda, 
        and other records of any person are not relevant to the 
        jurisdictional rates of a public utility or natural gas 
        company; or
          (2) the Commission finds that any class of transactions is 
        not relevant to the jurisdictional rates of a public utility or 
        natural gas company.

SEC. 1267. AFFILIATE TRANSACTIONS.

  (a) Commission Authority Unaffected.--Nothing in this subtitle shall 
limit the authority of the Commission under the Federal Power Act (16 
U.S.C. 791a et seq.) to require that jurisdictional rates are just and 
reasonable, including the ability to deny or approve the pass through 
of costs, the prevention of cross-subsidization, and the issuance of 
such rules and regulations as are necessary or appropriate for the 
protection of utility consumers.
  (b) Recovery of Costs.--Nothing in this subtitle shall preclude the 
Commission or a State commission from exercising its jurisdiction under 
otherwise applicable law to determine whether a public-utility company, 
public utility, or natural gas company may recover in rates any costs 
of an activity performed by an associate company, or any costs of goods 
or services acquired by such public-utility company from an associate 
company.

SEC. 1268. APPLICABILITY.

  Except as otherwise specifically provided in this subtitle, no 
provision of this subtitle shall apply to, or be deemed to include--
          (1) the United States;
          (2) a State or any political subdivision of a State;
          (3) any foreign governmental authority not operating in the 
        United States;
          (4) any agency, authority, or instrumentality of any entity 
        referred to in paragraph (1), (2), or (3); or
          (5) any officer, agent, or employee of any entity referred to 
        in paragraph (1), (2), (3), or (4) acting as such in the course 
        of his or her official duty.

SEC. 1269. EFFECT ON OTHER REGULATIONS.

  Nothing in this subtitle precludes the Commission or a State 
commission from exercising its jurisdiction under otherwise applicable 
law to protect utility customers.

SEC. 1270. ENFORCEMENT.

  The Commission shall have the same powers as set forth in sections 
306 through 317 of the Federal Power Act (16 U.S.C. 825e-825p) to 
enforce the provisions of this subtitle.

SEC. 1271. SAVINGS PROVISIONS.

  (a) In General.--Nothing in this subtitle, or otherwise in the Public 
Utility Holding Company Act of 1935, or rules, regulations, or orders 
thereunder, prohibits a person from engaging in or continuing to engage 
in activities or transactions in which it is legally engaged or 
authorized to engage on the date of enactment of this Act, if that 
person continues to comply with the terms (other than an expiration 
date or termination date) of any such authorization, whether by rule or 
by order.
  (b) Effect on Other Commission Authority.--Nothing in this subtitle 
limits the authority of the Commission under the Federal Power Act (16 
U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et seq.).

SEC. 1272. IMPLEMENTATION.

  Not later than 12 months after the date of enactment of this 
subtitle, the Commission shall--
          (1) issue such regulations as may be necessary or appropriate 
        to implement this subtitle (other than section 1265, relating 
        to State access to books and records); and
          (2) submit to Congress detailed recommendations on technical 
        and conforming amendments to Federal law necessary to carry out 
        this subtitle and the amendments made by this subtitle.

SEC. 1273. TRANSFER OF RESOURCES.

  All books and records that relate primarily to the functions 
transferred to the Commission under this subtitle shall be transferred 
from the Securities and Exchange Commission to the Commission.

SEC. 1274. EFFECTIVE DATE.

  (a) In General.--Except for section 1272 (relating to 
implementation), this subtitle shall take effect 12 months after the 
date of enactment of this subtitle.
  (b) Compliance With Certain Rules.--If the Commission approves and 
makes effective any final rulemaking modifying the standards of conduct 
governing entities that own, operate, or control facilities for 
transmission of electricity in interstate commerce or transportation of 
natural gas in interstate commerce prior to the effective date of this 
subtitle, any action taken by a public-utility company or utility 
holding company to comply with the requirements of such rulemaking 
shall not subject such public-utility company or utility holding 
company to any regulatory requirement applicable to a holding company 
under the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et 
seq.).

SEC. 1275. SERVICE ALLOCATION.

  (a) FERC Review.--In the case of non-power goods or administrative or 
management services provided by an associate company organized 
specifically for the purpose of providing such goods or services to any 
public utility in the same holding company system, at the election of 
the system or a State commission having jurisdiction over the public 
utility, the Commission, after the effective date of this subtitle, 
shall review and authorize the allocation of the costs for such goods 
or services to the extent relevant to that associate company in order 
to assure that each allocation is appropriate for the protection of 
investors and consumers of such public utility.
  (b) Cost Allocation.--Nothing in this section shall preclude the 
Commission or a State commission from exercising its jurisdiction under 
other applicable law with respect to the review or authorization of any 
costs allocated to a public utility in a holding company system located 
in the affected State as a result of the acquisition of non-power goods 
or administrative and management services by such public utility from 
an associate company organized specifically for that purpose.
  (c) Rules.--Not later than 6 months after the date of enactment of 
this Act, the Commission shall issue rules (which rules shall be 
effective no earlier than the effective date of this subtitle) to 
exempt from the requirements of this section any company in a holding 
company system whose public utility operations are confined 
substantially to a single State and any other class of transactions 
that the Commission finds is not relevant to the jurisdictional rates 
of a public utility.
  (d) Public Utility.--As used in this section, the term ``public 
utility'' has the meaning given that term in section 201(e) of the 
Federal Power Act.

SEC. 1276. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such funds as may be 
necessary to carry out this subtitle.

SEC. 1277. CONFORMING AMENDMENTS TO THE FEDERAL POWER ACT.

  (a) Conflict of Jurisdiction.--Section 318 of the Federal Power Act 
(16 U.S.C. 825q) is repealed.
  (b) Definitions.--(1) Section 201(g)(5) of the Federal Power Act (16 
U.S.C. 824(g)(5)) is amended by striking ``1935'' and inserting 
``2005''.
  (2) Section 214 of the Federal Power Act (16 U.S.C. 824m) is amended 
by striking ``1935'' and inserting ``2005''.

 Subtitle G--Market Transparency, Enforcement, and Consumer Protection

SEC. 1281. MARKET TRANSPARENCY RULES.

  Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 220. MARKET TRANSPARENCY RULES.

  ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Commission shall issue rules 
establishing an electronic information system to provide the Commission 
and the public with access to such information as is necessary or 
appropriate to facilitate price transparency and participation in 
markets subject to the Commission's jurisdiction under this Act. Such 
systems shall provide information about the availability and market 
price of wholesale electric energy and transmission services to the 
Commission, State commissions, buyers and sellers of wholesale electric 
energy, users of transmission services, and the public on a timely 
basis. The Commission shall have authority to obtain such information 
from any electric utility or transmitting utility, including any entity 
described in section 201(f).
  ``(b) Exemptions.--The Commission shall exempt from disclosure 
information it determines would, if disclosed, be detrimental to the 
operation of an effective market or jeopardize system security. This 
section shall not apply to transactions for the purchase or sale of 
wholesale electric energy or transmission services within the area 
described in section 212(k)(2)(A). In determining the information to be 
made available under this section and time to make such information 
available, the Commission shall seek to ensure that consumers and 
competitive markets are protected from the adverse effects of potential 
collusion or other anti-competitive behaviors that can be facilitated 
by untimely public disclosure of transaction-specific information.
  ``(c) Commodity Futures Trading Commission.--This section shall not 
affect the exclusive jurisdiction of the Commodity Futures Trading 
Commission with respect to accounts, agreements, contracts, or 
transactions in commodities under the Commodity Exchange Act (7 U.S.C. 
1 et seq.).
  ``(d) Savings Provision.--In exercising its authority under this 
section, the Commission shall not--
          ``(1) compete with, or displace from the market place, any 
        price publisher; or
          ``(2) regulate price publishers or impose any requirements on 
        the publication of information.''.

SEC. 1282. MARKET MANIPULATION.

  Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 221. PROHIBITION ON FILING FALSE INFORMATION.

  ``No person or other entity (including an entity described in section 
201(f)) shall willfully and knowingly report any information relating 
to the price of electricity sold at wholesale or availability of 
transmission capacity, which information the person or any other entity 
knew to be false at the time of the reporting, to a Federal agency with 
intent to fraudulently affect the data being compiled by such Federal 
agency.

``SEC. 222. PROHIBITION ON ROUND TRIP TRADING.

  ``(a) Prohibition.--No person or other entity (including an entity 
described in section 201(f)) shall willfully and knowingly enter into 
any contract or other arrangement to execute a `round trip trade' for 
the purchase or sale of electric energy at wholesale.
  ``(b) Definition.--For the purposes of this section, the term `round 
trip trade' means a transaction, or combination of transactions, in 
which a person or any other entity--
          ``(1) enters into a contract or other arrangement to purchase 
        from, or sell to, any other person or other entity electric 
        energy at wholesale;
          ``(2) simultaneously with entering into the contract or 
        arrangement described in paragraph (1), arranges a financially 
        offsetting trade with such other person or entity for the same 
        such electric energy, at the same location, price, quantity and 
        terms so that, collectively, the purchase and sale transactions 
        in themselves result in no financial gain or loss; and
          ``(3) enters into the contract or arrangement with a specific 
        intent to fraudulently affect reported revenues, trading 
        volumes, or prices.''.

SEC. 1283. ENFORCEMENT.

  (a) Complaints.--Section 306 of the Federal Power Act (16 U.S.C. 
825e) is amended as follows:
          (1) By inserting ``electric utility,'' after ``Any person,''.
          (2) By inserting ``, transmitting utility,'' after 
        ``licensee'' each place it appears.
  (b) Review of Commission Orders.--Section 313(a) of the Federal Power 
Act (16 U.S.C. 8251) is amended by inserting ``electric utility,'' 
after ``person,'' in the first 2 places it appears and by striking 
``any person unless such person'' and inserting ``any entity unless 
such entity''.
  (c) Investigations.--Section 307(a) of the Federal Power Act (16 
U.S.C. 825f(a)) is amended as follows:
          (1) By inserting ``, electric utility, transmitting utility, 
        or other entity'' after ``person'' each time it appears.
          (2) By striking the period at the end of the first sentence 
        and inserting the following: ``or in obtaining information 
        about the sale of electric energy at wholesale in interstate 
        commerce and the transmission of electric energy in interstate 
        commerce.''.
  (d) Criminal Penalties.--Section 316 of the Federal Power Act (16 
U.S.C. 825o) is amended--
          (1) in subsection (a), by striking ``$5,000'' and inserting 
        ``$1,000,000'', and by striking ``two years'' and inserting ``5 
        years'';
          (2) in subsection (b), by striking ``$500'' and inserting 
        ``$25,000''; and
          (3) by striking subsection (c).
  (e) Civil Penalties.--Section 316A of the Federal Power Act (16 
U.S.C. 825o-1) is amended as follows:
          (1) In subsections (a) and (b), by striking ``section 211, 
        212, 213, or 214'' each place it appears and inserting ``Part 
        II''.
          (2) In subsection (b), by striking ``$10,000'' and inserting 
        ``$1,000,000''.

SEC. 1284. REFUND EFFECTIVE DATE.

  Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) is 
amended as follows:
          (1) By striking ``the date 60 days after the filing of such 
        complaint nor later than 5 months after the expiration of such 
        60-day period'' in the second sentence and inserting ``the date 
        of the filing of such complaint nor later than 5 months after 
        the filing of such complaint''.
          (2) By striking ``60 days after'' in the third sentence and 
        inserting ``of''.
          (3) By striking ``expiration of such 60-day period'' in the 
        third sentence and inserting ``publication date''.
          (4) By striking the fifth sentence and inserting the 
        following: ``If no final decision is rendered by the conclusion 
        of the 180-day period commencing upon initiation of a 
        proceeding pursuant to this section, the Commission shall state 
        the reasons why it has failed to do so and shall state its best 
        estimate as to when it reasonably expects to make such 
        decision.''.

SEC. 1285. REFUND AUTHORITY.

  Section 206 of the Federal Power Act (16 U.S.C. 824e) is amended by 
adding the following new subsection at the end thereof:
  ``(e)(1) Except as provided in paragraph (2), if an entity described 
in section 201(f) voluntarily makes a short-term sale of electric 
energy and the sale violates Commission rules in effect at the time of 
the sale, such entity shall be subject to the Commission's refund 
authority under this section with respect to such violation.
  ``(2) This section shall not apply to--
          ``(A) any entity that sells less than 8,000,000 megawatt 
        hours of electricity per year; or
          ``(B) any electric cooperative.
  ``(3) For purposes of this subsection, the term `short-term sale' 
means an agreement for the sale of electric energy at wholesale in 
interstate commerce that is for a period of 31 days or less (excluding 
monthly contracts subject to automatic renewal).
  ``(4) The Commission shall have refund authority under subsection 
(e)(1) with respect to a voluntary short-term sale of electric energy 
by the Bonneville Power Administration (in this section `Bonneville') 
only if the sale is at an unjust and unreasonable rate and, in that 
event, may order a refund only for short-term sales made by Bonneville 
at rates that are higher than the highest just and reasonable rate 
charged by any other entity for a short-term sale of electric energy in 
the same geographic market for the same, or most nearly comparable, 
period as the sale by Bonneville.
  ``(5) With respect to any Federal power marketing agency or the 
Tennessee Valley Authority, the Commission shall not assert or exercise 
any regulatory authority or powers under subsection (e)(1) other than 
the ordering of refunds to achieve a just and reasonable rate.''.

SEC. 1286. SANCTITY OF CONTRACT.

  (a) In General.--The Federal Energy Regulatory Commission (in this 
section, ``the Commission'') shall have no authority to abrogate or 
modify any provision of an executed contract or executed contract 
amendment described in subsection (b) that has been entered into or 
taken effect, except upon a finding that failure to take such action 
would be contrary to the public interest.
  (b) Limitation.--Except as provided in subsection (c), this section 
shall apply only to a contract or contract amendment--
          (1) executed on or after the date of enactment of this Act; 
        and
          (2) entered into--
                  (A) for the purchase or sale of electric energy under 
                section 205 of the Federal Power Act (16 U.S.C. 824d) 
                where the seller has been authorized by the Commission 
                to charge market-based rates; or
                  (B) under section 4 of the Natural Gas Act (15 U.S.C. 
                717c) where the natural gas company has been authorized 
                by the Commission to charge market-based rates for the 
                service described in the contract.
  (c) Exclusion.--This section shall not apply to an executed contract 
or executed contract amendment that expressly provides for a standard 
of review other than the public interest standard.
  (d) Savings Provision.--With respect to contracts to which this 
section does not apply, nothing in this section alters existing law 
regarding the applicable standard of review for a contract subject to 
the jurisdiction of the Commission.

SEC. 1287. CONSUMER PRIVACY AND UNFAIR TRADE PRACTICES.

  (a) Privacy.--The Federal Trade Commission may issue rules protecting 
the privacy of electric consumers from the disclosure of consumer 
information obtained in connection with the sale or delivery of 
electric energy to electric consumers.
  (b) Slamming.--The Federal Trade Commission may issue rules 
prohibiting the change of selection of an electric utility except with 
the informed consent of the electric consumer or if approved by the 
appropriate State regulatory authority.
  (c) Cramming.--The Federal Trade Commission may issue rules 
prohibiting the sale of goods and services to an electric consumer 
unless expressly authorized by law or the electric consumer.
  (d) Rulemaking.--The Federal Trade Commission shall proceed in 
accordance with section 553 of title 5, United States Code, when 
prescribing a rule under this section.
  (e) State Authority.--If the Federal Trade Commission determines that 
a State's regulations provide equivalent or greater protection than the 
provisions of this section, such State regulations shall apply in that 
State in lieu of the regulations issued by the Commission under this 
section.
  (f) Definitions.--For purposes of this section:
          (1) State regulatory authority.--The term ``State regulatory 
        authority'' has the meaning given that term in section 3(21) of 
        the Federal Power Act (16 U.S.C. 796(21)).
          (2) Electric consumer and electric utility.--The terms 
        ``electric consumer'' and ``electric utility'' have the 
        meanings given those terms in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).

                       Subtitle H--Merger Reform

SEC. 1291. MERGER REVIEW REFORM AND ACCOUNTABILITY.

  (a) Merger Review Reform.--Within 180 days after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
the Federal Energy Regulatory Commission and the Attorney General of 
the United States, shall prepare, and transmit to Congress each of the 
following:
          (1) A study of the extent to which the authorities vested in 
        the Federal Energy Regulatory Commission under section 203 of 
        the Federal Power Act are duplicative of authorities vested 
        in--
                  (A) other agencies of Federal and State Government; 
                and
                  (B) the Federal Energy Regulatory Commission, 
                including under sections 205 and 206 of the Federal 
                Power Act.
          (2) Recommendations on reforms to the Federal Power Act that 
        would eliminate any unnecessary duplication in the exercise of 
        regulatory authority or unnecessary delays in the approval (or 
        disapproval) of applications for the sale, lease, or other 
        disposition of public utility facilities.
  (b) Merger Review Accountability.--Not later than 1 year after the 
date of enactment of this Act and annually thereafter, with respect to 
all orders issued within the preceding year that impose a condition on 
a sale, lease, or other disposition of public utility facilities under 
section 203(b) of the Federal Power Act, the Federal Energy Regulatory 
Commission shall transmit a report to Congress explaining each of the 
following:
          (1) The condition imposed.
          (2) Whether the Commission could have imposed such condition 
        by exercising its authority under any provision of the Federal 
        Power Act other than under section 203(b).
          (3) If the Commission could not have imposed such condition 
        other than under section 203(b), why the Commission determined 
        that such condition was consistent with the public interest.

SEC. 1292. ELECTRIC UTILITY MERGERS.

  (a) Amendment.--Section 203(a) of the Federal Power Act (16 U.S.C. 
824b(a)) is amended to read as follows:
  ``(a)(1) No public utility shall, without first having secured an 
order of the Commission authorizing it to do so--
          ``(A) sell, lease, or otherwise dispose of the whole of its 
        facilities subject to the jurisdiction of the Commission, or 
        any part thereof of a value in excess of $10,000,000;
          ``(B) merge or consolidate, directly or indirectly, such 
        facilities or any part thereof with those of any other person, 
        by any means whatsoever; or
          ``(C) purchase, acquire, or take any security with a value in 
        excess of $10,000,000 of any other public utility.
  ``(2) No holding company in a holding company system that includes a 
public utility shall purchase, acquire, or take any security with a 
value in excess of $10,000,000 of, or, by any means whatsoever, 
directly or indirectly, merge or consolidate with, a public utility or 
a holding company in a holding company system that includes a public 
utility with a value in excess of $10,000,000 without first having 
secured an order of the Commission authorizing it to do so.
  ``(3) Upon receipt of an application for such approval the Commission 
shall give reasonable notice in writing to the Governor and State 
commission of each of the States in which the physical property 
affected, or any part thereof, is situated, and to such other persons 
as it may deem advisable.
  ``(4) After notice and opportunity for hearing, the Commission shall 
approve the proposed disposition, consolidation, acquisition, or change 
in control, if it finds that the proposed transaction will be 
consistent with the public interest. In evaluating whether a 
transaction will be consistent with the public interest, the Commission 
shall consider whether the proposed transaction--
          ``(A) will adequately protect consumer interests;
          ``(B) will be consistent with competitive wholesale markets;
          ``(C) will impair the financial integrity of any public 
        utility that is a party to the transaction or an associate 
        company of any party to the transaction; and
          ``(D) satisfies such other criteria as the Commission 
        considers consistent with the public interest.
  ``(5) The Commission shall, by rule, adopt procedures for the 
expeditious consideration of applications for the approval of 
dispositions, consolidations, or acquisitions under this section. Such 
rules shall identify classes of transactions, or specify criteria for 
transactions, that normally meet the standards established in paragraph 
(4). The Commission shall provide expedited review for such 
transactions. The Commission shall grant or deny any other application 
for approval of a transaction not later than 180 days after the 
application is filed. If the Commission does not act within 180 days, 
such application shall be deemed granted unless the Commission finds, 
based on good cause, that further consideration is required to 
determine whether the proposed transaction meets the standards of 
paragraph (4) and issues an order tolling the time for acting on the 
application for not more than 180 days, at the end of which additional 
period the Commission shall grant or deny the application.
  ``(6) For purposes of this subsection, the terms `associate company', 
`holding company', and `holding company system' have the meaning given 
those terms in the Public Utility Holding Company Act of 2005.''.
  (b) Effective Date.--The amendments made by this section shall take 
effect 12 months after the date of enactment of this section.

                        Subtitle I--Definitions

SEC. 1295. DEFINITIONS.

  (a) Electric Utility.--Section 3(22) of the Federal Power Act (16 
U.S.C. 796(22)) is amended to read as follows:
          ``(22) Electric utility.--The term `electric utility' means 
        any person or Federal or State agency (including any entity 
        described in section 201(f)) that sells electric energy; such 
        term includes the Tennessee Valley Authority and each Federal 
        power marketing administration.''.
  (b) Transmitting Utility.--Section 3(23) of the Federal Power Act (16 
U.S.C. 796(23)) is amended to read as follows:
          ``(23) Transmitting utility.--The term `transmitting utility' 
        means an entity, including any entity described in section 
        201(f), that owns, operates, or controls facilities used for 
        the transmission of electric energy--
                  ``(A) in interstate commerce; or
                  ``(B) for the sale of electric energy at 
                wholesale.''.
  (c) Additional Definitions.--Section 3 of the Federal Power Act (16 
U.S.C. 796) is amended by adding at the end the following:
          ``(26) Electric cooperative.--The term `electric cooperative' 
        means a cooperatively owned electric utility.
          ``(27) RTO.--The term `Regional Transmission Organization' or 
        `RTO' means an entity of sufficient regional scope approved by 
        the Commission to exercise operational or functional control of 
        facilities used for the transmission of electric energy in 
        interstate commerce and to ensure nondiscriminatory access to 
        such facilities.
          ``(28) ISO.--The term `Independent System Operator' or `ISO' 
        means an entity approved by the Commission to exercise 
        operational or functional control of facilities used for the 
        transmission of electric energy in interstate commerce and to 
        ensure nondiscriminatory access to such facilities.''.
  (d) Commission.--For the purposes of this title, the term 
``Commission'' means the Federal Energy Regulatory Commission.
  (e) Applicability.--Section 201(f) of the Federal Power Act (16 
U.S.C. 824(f)) is amended by adding after ``political subdivision of a 
state,'' the following: ``an electric cooperative that has financing 
under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or 
that sells less than 4,000,000 megawatt hours of electricity per 
year,''.

            Subtitle J--Technical and Conforming Amendments

SEC. 1297. CONFORMING AMENDMENTS.

  The Federal Power Act is amended as follows:
          (1) Section 201(b)(2) of such Act (16 U.S.C. 824(b)(2)) is 
        amended as follows:
                  (A) In the first sentence by striking ``210, 211, and 
                212'' and inserting ``203(a)(2), 206(e), 210, 211, 
                211A, 212, 215, 216, 217, 218, 219, 220, 221, and 
                222''.
                  (B) In the second sentence by striking ``210 or 211'' 
                and inserting ``203(a)(2), 206(e), 210, 211, 211A, 212, 
                215, 216, 217, 218, 219, 220, 221, and 222''.
                  (C) Section 201(b)(2) of such Act is amended by 
                striking ``The'' in the first place it appears and 
                inserting ``Notwithstanding section 201(f), the'' and 
                in the second sentence after ``any order'' by inserting 
                ``or rule''.
          (2) Section 201(e) of such Act is amended by striking ``210, 
        211, or 212'' and inserting ``206(e), 206(f), 210, 211, 211A, 
        212, 215, 216, 217, 218, 219, 220, 221, and 222''.
          (3) Section 206 of such Act (16 U.S.C. 824e) is amended as 
        follows:
                  (A) In subsection (b), in the seventh sentence, by 
                striking ``the public utility to make''.
                  (B) In the first sentence of subsection (a), by 
                striking ``hearing had'' and inserting ``hearing 
                held''.
          (4) Section 211(c) of such Act (16 U.S.C. 824j(c)) is amended 
        by--
                  (A) striking ``(2)'';
                  (B) striking ``(A)'' and inserting ``(1)''
                  (C) striking ``(B)'' and inserting ``(2)''; and
                  (D) striking ``termination of modification'' and 
                inserting ``termination or modification''.
          (5) Section 211(d)(1) of such Act (16 U.S.C. 824j(d)(1)) is 
        amended by striking ``electric utility'' the second time it 
        appears and inserting ``transmitting utility''.
          (6) Section 315 (c) of such Act (16 U.S.C. 825n(c)) is 
        amended by striking ``subsection'' and inserting ``section''.

                     Subtitle K--Economic Dispatch

SEC. 1298. ECONOMIC DISPATCH.

  Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 223. JOINT BOARD ON ECONOMIC DISPATCH.

  ``(a) In General.--The Commission shall convene a joint board 
pursuant to section 209 of this Act to study the issue of security 
constrained economic dispatch for a market region.
  ``(b) Membership.--The Commission shall request each State to 
nominate a representative for such joint board.
  ``(c) Powers.--The board's sole authority shall be to consider issues 
relevant to what constitutes `security constrained economic dispatch' 
and how such a mode of operating an electric energy system affects or 
enhances the reliability and affordability of service to customers.
  ``(d) Report to the Congress.--The board shall issue a report on 
these matters within one year of enactment of this section, including 
any consensus recommendations for statutory or regulatory reform.''.

                        TITLE XIV--MISCELLANEOUS

                      Subtitle C--Other Provisions

SEC. 1441. CONTINUATION OF TRANSMISSION SECURITY ORDER.

  Department of Energy Order No. 202-03-2, issued by the Secretary of 
Energy on August 28, 2003, shall remain in effect unless rescinded by 
Federal statute.

SEC. 1442. REVIEW OF AGENCY DETERMINATIONS.

  Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended by 
adding at the end the following:
  ``(i)(1) The United States Court of Appeals for the District of 
Columbia Circuit shall have original and exclusive jurisdiction over 
any civil action--
          ``(A) for review of any order or action of any Federal or 
        State administrative agency or officer to issue, condition, or 
        deny any permit, license, concurrence, or approval issued under 
        authority of any Federal law, other than the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 et seq.), required for 
        the construction of a natural gas pipeline for which a 
        certificate of public convenience and necessity is issued by 
        the Commission under this section;
          ``(B) alleging unreasonable delay by any Federal or State 
        administrative agency or officer in entering an order or taking 
        other action described in subparagraph (A); or
          ``(C) challenging any decision made or action taken under 
        this subsection.
  ``(2)(A) If the Court finds that the order, action, or failure to act 
is not consistent with the public convenience and necessity (as 
determined by the Commission under this section), or would prevent the 
construction and operation of natural gas facilities authorized by the 
certificate of public convenience and necessity, the permit, license, 
concurrence, or approval that is the subject of the order, action, or 
failure to act shall be deemed to have been issued subject to any 
conditions set forth in the reviewed order or action that the Court 
finds to be consistent with the public convenience and necessity.
  ``(B) For purposes of paragraph (1)(B), the failure of an agency or 
officer to issue any such permit, license, concurrence, or approval 
within the later of 1 year after the date of filing of an application 
for the permit, license, concurrence, or approval or 60 days after the 
date of issuance of the certificate of public convenience and necessity 
under this section, shall be considered to be unreasonable delay unless 
the Court, for good cause shown, determines otherwise.
  ``(C) The Court shall set any action brought under paragraph (1) for 
expedited consideration.''.

SEC. 1443. ATTAINMENT DATES FOR DOWNWIND OZONE NONATTAINMENT AREAS.

  Section 181 of the Clean Air Act (42 U.S.C.7511) is amended by adding 
the following new subsection at the end thereof:
  ``(d) Extended Attainment Date for Certain Downwind Areas.--
          ``(1) Definitions.--(A) The term `upwind area' means an area 
        that--
                  ``(i) significantly contributes to nonattainment in 
                another area, hereinafter referred to as a `downwind 
                area'; and
                  ``(ii) is either--
                          ``(I) a nonattainment area with a later 
                        attainment date than the downwind area, or
                          ``(II) an area in another State that the 
                        Administrator has found to be significantly 
                        contributing to nonattainment in the downwind 
                        area in violation of section 110(a)(2)(D) and 
                        for which the Administrator has established 
                        requirements through notice and comment 
                        rulemaking to eliminate the emissions causing 
                        such significant contribution.
          ``(B) The term `current classification' means the 
        classification of a downwind area under this section at the 
        time of the determination under paragraph (2).
          ``(2) Extension.--If the Administrator--
                  ``(A) determines that any area is a downwind area 
                with respect to a particular national ambient air 
                quality standard for ozone; and
                  ``(B) approves a plan revision for such area as 
                provided in paragraph (3) prior to a reclassification 
                under subsection (b)(2)(A),
        the Administrator, in lieu of such reclassification, shall 
        extend the attainment date for such downwind area for such 
        standard in accordance with paragraph (5).
          ``(3) Required approval.--In order to extend the attainment 
        date for a downwind area under this subsection, the 
        Administrator must approve a revision of the applicable 
        implementation plan for the downwind area for such standard 
        that--
                  ``(A) complies with all requirements of this Act 
                applicable under the current classification of the 
                downwind area, including any requirements applicable to 
                the area under section 172(c) for such standard; and
                  ``(B) includes any additional measures needed to 
                demonstrate attainment by the extended attainment date 
                provided under this subsection.
          ``(4) Prior reclassification determination.--If, no more than 
        18 months prior to the date of enactment of this subsection, 
        the Administrator made a reclassification determination under 
        subsection (b)(2)(A) for any downwind area, and the 
        Administrator approves the plan revision referred to in 
        paragraph (3) for such area within 12 months after the date of 
        enactment of this subsection, the reclassification shall be 
        withdrawn and the attainment date extended in accordance with 
        paragraph (5) upon such approval. The Administrator shall also 
        withdraw a reclassification determination under subsection 
        (b)(2)(A) made after the date of enactment of this subsection 
        and extend the attainment date in accordance with paragraph (5) 
        if the Administrator approves the plan revision referred to in 
        paragraph (3) within 12 months of the date the reclassification 
        determination under subsection (b)(2)(A) is issued. In such 
        instances the `current classification' used for evaluating the 
        revision of the applicable implementation plan under paragraph 
        (3) shall be the classification of the downwind area under this 
        section immediately prior to such reclassification.
          ``(5) Extended date.--The attainment date extended under this 
        subsection shall provide for attainment of such national 
        ambient air quality standard for ozone in the downwind area as 
        expeditiously as practicable but no later than the date on 
        which the last reductions in pollution transport necessary for 
        attainment in the downwind area are required to be achieved by 
        the upwind area or areas.''.

SEC. 1444. ENERGY PRODUCTION INCENTIVES.

  (a) In General.--A State may provide to any entity--
          (1) a credit against any tax or fee owed to the State under a 
        State law, or
          (2) any other tax incentive,
determined by the State to be appropriate, in the amount calculated 
under and in accordance with a formula determined by the State, for 
production described in subsection (b) in the State by the entity that 
receives such credit or such incentive.
  (b) Eligible Entities.--Subsection (a) shall apply with respect to 
the production in the State of--
          (1) electricity from coal mined in the State and used in a 
        facility, if such production meets all applicable Federal and 
        State laws and if such facility uses scrubbers or other forms 
        of clean coal technology,
          (2) electricity from a renewable source such as wind, solar, 
        or biomass, or
          (3) ethanol.
  (c) Effect on Interstate Commerce.--Any action taken by a State in 
accordance with this section with respect to a tax or fee payable, or 
incentive applicable, for any period beginning after the date of the 
enactment of this Act shall--
          (1) be considered to be a reasonable regulation of commerce; 
        and
          (2) not be considered to impose an undue burden on interstate 
        commerce or to otherwise impair, restrain, or discriminate, 
        against interstate commerce.

SEC. 1446. REGULATION OF CERTAIN OIL USED IN TRANSFORMERS.

  Notwithstanding any other provision of law, or rule promulgated by 
the Environmental Protection Agency, vegetable oil made from soybeans 
and used in electric transformers as thermal insulation shall not be 
regulated as an oil as defined under section 2(a)(1)(A) of the Edible 
Oil Regulatory Reform Act (33 U.S.C. 2720(a)(1)(A)).

SEC. 1447. RISK ASSESSMENTS.

  Subtitle B of title XXX of the Energy Policy Act of 1992 is amended 
by adding at the end the following new section:

``SEC. 3022. RISK ASSESSMENT.

  ``Federal agencies conducting assessments of risks to human health 
and the environment from energy technology, production, transport, 
transmission, distribution, storage, use, or conservation activities 
shall use sound and objective scientific practices in assessing such 
risks, shall consider the best available science (including peer 
reviewed studies), and shall include a description of the weight of the 
scientific evidence concerning such risks.''.

SEC. 1448. OXYGEN-FUEL.

  (a) Program.--The Secretary of Energy shall establish a program on 
oxygen-fuel systems. If feasible, the program shall include renovation 
of at least one existing large unit and one existing small unit, and 
construction of one new large unit and one new small unit. Cost sharing 
shall not be required.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section--
          (1) $100,000,000 for fiscal year 2006;
          (2) $100,000,000 for fiscal year 2007; and
          (3) $100,000,000 for fiscal year 2008.
  (c) Definitions.--For purposes of this section--
          (1) the term ``large unit'' means a unit with a generating 
        capacity of 100 megawatts or more;
          (2) the term ``oxygen-fuel systems'' means systems that 
        utilize fuel efficiency benefits of oil, gas, coal, and biomass 
        combustion using substantially pure oxygen, with high flame 
        temperatures and the exclusion of air from the boiler, in 
        industrial or electric utility steam generating units; and
          (3) the term ``small unit'' means a unit with a generating 
        capacity in the 10-50 megawatt range.

SEC. 1449. PETROCHEMICAL AND OIL REFINERY FACILITY HEALTH ASSESSMENT.

  (a) Establishment.--The Secretary of Energy shall conduct a study of 
direct and significant health impacts to persons resulting from living 
in proximity to petrochemical and oil refinery facilities. The 
Secretary shall consult with the Director of the National Cancer 
Institute and other Federal Government bodies with expertise in the 
field it deems appropriate in the design of such study. The study shall 
be conducted according to sound and objective scientific practices and 
present the weight of the scientific evidence. The Secretary shall 
obtain scientific peer review of the draft study.
  (b) Report to Congress.--The Secretary shall transmit the results of 
the study to Congress within 6 months of the enactment of this section.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for activities under this section such 
sums as are necessary for the completion of the study.

                   TITLE XV--ETHANOL AND MOTOR FUELS

                     Subtitle A--General Provisions

SEC. 1501. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.

  (a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
amended--
          (1) by redesignating subsection (o) as subsection (q); and
          (2) by inserting after subsection (n) the following:
  ``(o) Renewable Fuel Program.--
          ``(1) Definitions.--In this section:
                  ``(A) Ethanol.--(i) The term `cellulosic biomass 
                ethanol' means ethanol derived from any lignocellulosic 
                or hemicellulosic matter that is available on a 
                renewable or recurring basis, including--
                          ``(I) dedicated energy crops and trees;
                          ``(II) wood and wood residues;
                          ``(III) plants;
                          ``(IV) grasses;
                          ``(V) agricultural residues; and
                          ``(VI) fibers.
                  ``(ii) The term `waste derived ethanol' means ethanol 
                derived from--
                          ``(I) animal wastes, including poultry fats 
                        and poultry wastes, and other waste materials; 
                        or
                          ``(II) municipal solid waste.
                  ``(B) Renewable fuel.--
                          ``(i) In general.--The term `renewable fuel' 
                        means motor vehicle fuel that--
                                  ``(I)(aa) is produced from grain, 
                                starch, oilseeds, or other biomass; or
                                  ``(bb) is natural gas produced from a 
                                biogas source, including a landfill, 
                                sewage waste treatment plant, feedlot, 
                                or other place where decaying organic 
                                material is found; and
                                  ``(II) is used to replace or reduce 
                                the quantity of fossil fuel present in 
                                a fuel mixture used to operate a motor 
                                vehicle.
                          ``(ii) Inclusion.--The term `renewable fuel' 
                        includes cellulosic biomass ethanol, waste 
                        derived ethanol, and biodiesel (as defined in 
                        section 312(f) of the Energy Policy Act of 1992 
                        (42 U.S.C. 13220(f)) and any blending 
                        components derived from renewable fuel 
                        (provided that only the renewable fuel portion 
                        of any such blending component shall be 
                        considered part of the applicable volume under 
                        the renewable fuel program established by this 
                        subsection).
                  ``(C) Small refinery.--The term `small refinery' 
                means a refinery for which average aggregate daily 
                crude oil throughput for the calendar year (as 
                determined by dividing the aggregate throughput for the 
                calendar year by the number of days in the calendar 
                year) does not exceed 75,000 barrels.
          ``(2) Renewable fuel program.--
                  ``(A) In general.--Not later than 1 year after the 
                enactment of this subsection, the Administrator shall 
                promulgate regulations ensuring that motor vehicle fuel 
                sold or dispensed to consumers in the contiguous United 
                States, on an annual average basis, contains the 
                applicable volume of renewable fuel as specified in 
                subparagraph (B). Regardless of the date of 
                promulgation, such regulations shall contain compliance 
                provisions for refiners, blenders, and importers, as 
                appropriate, to ensure that the requirements of this 
                section are met, but shall not restrict where renewable 
                fuel can be used, or impose any per-gallon obligation 
                for the use of renewable fuel. If the Administrator 
                does not promulgate such regulations, the applicable 
                percentage referred to in paragraph (4), on a volume 
                percentage of gasoline basis, shall be 2.2 in 2005.
                  ``(B) Applicable volume.--
                          ``(i) Calendar years 2005 through 2012.--For 
                        the purpose of subparagraph (A), the applicable 
                        volume for any of calendar years 2005 through 
                        2012 shall be determined in accordance with the 
                        following table:
                          ``(ii) Calendar year 2013 and thereafter.--
                        For the purpose of subparagraph (A), the 
                        applicable volume for calendar year 2013 and 
                        each calendar year thereafter shall be equal to 
                        the product obtained by multiplying--
                                  ``(I) the number of gallons of 
                                gasoline that the Administrator 
                                estimates will be sold or introduced 
                                into commerce in the calendar year; and
                                  ``(II) the ratio that--
                                          ``(aa) 5.0 billion gallons of 
                                        renewable fuels; bears to
                                          ``(bb) the number of gallons 
                                        of gasoline sold or introduced 
                                        into commerce in calendar year 
                                        2012.
          ``(3) Non-contiguous state opt-in.--Upon the petition of a 
        non-contiguous State, the Administrator may allow the renewable 
        fuel program established by subtitle A of title XV of the 
        Energy Policy Act of 2005 to apply in such non-contiguous State 
        at the same time or any time after the Administrator 
        promulgates regulations under paragraph (2). The Administrator 
        may promulgate or revise regulations under paragraph (2), 
        establish applicable percentages under paragraph (4), provide 
        for the generation of credits under paragraph (6), and take 
        such other actions as may be necessary to allow for the 
        application of the renewable fuels program in a non-contiguous 
        State.
          ``(4) Applicable percentages.--
                  ``(A) Provision of estimate of volumes of gasoline 
                sales.--Not later than October 31 of each of calendar 
                years 2005 through 2011, the Administrator of the 
                Energy Information Administration shall provide to the 
                Administrator of the Environmental Protection Agency an 
                estimate of the volumes of gasoline that will be sold 
                or introduced into commerce in the United States during 
                the following calendar year.
                  ``(B) Determination of applicable percentages.--
                          ``(i) In general.--Not later than November 30 
                        of each of the calendar years 2005 through 
                        2011, based on the estimate provided under 
                        subparagraph (A), the Administrator shall 
                        determine and publish in the Federal Register, 
                        with respect to the following calendar year, 
                        the renewable fuel obligation that ensures that 
                        the requirements of paragraph (2) are met.
                          ``(ii) Required elements.--The renewable fuel 
                        obligation determined for a calendar year under 
                        clause (i) shall--
                                  ``(I) be applicable to refiners, 
                                blenders, and importers, as 
                                appropriate;
                                  ``(II) be expressed in terms of a 
                                volume percentage of gasoline sold or 
                                introduced into commerce; and
                                  ``(III) subject to subparagraph 
                                (C)(i), consist of a single applicable 
                                percentage that applies to all 
                                categories of persons specified in 
                                subclause (I).
                  ``(C) Adjustments.--In determining the applicable 
                percentage for a calendar year, the Administrator shall 
                make adjustments--
                          ``(i) to prevent the imposition of redundant 
                        obligations to any person specified in 
                        subparagraph (B)(ii)(I); and
                          ``(ii) to account for the use of renewable 
                        fuel during the previous calendar year by small 
                        refineries that are exempt under paragraph 
                        (11).
          ``(5) Equivalency.--For the purpose of paragraph (2), 1 
        gallon of either cellulosic biomass ethanol or waste derived 
        ethanol--
                  ``(A) shall be considered to be the equivalent of 1.5 
                gallon of renewable fuel; or
                  ``(B) if the cellulostic biomass ethanol or waste 
                derived ethanol is derived from agricultural residue or 
                wood residue or is an agricultural byproduct (as that 
                term is used in section 919 of the Energy Policy Act of 
                2005), shall be considered to be the equivalent of 2.5 
                gallons of renewable fuel.
          ``(6) Credit program.--
                  ``(A) In general.--The regulations promulgated to 
                carry out this subsection shall provide for the 
                generation of an appropriate amount of credits by any 
                person that refines, blends, or imports gasoline that 
                contains a quantity of renewable fuel that is greater 
                than the quantity required under paragraph (2). Such 
                regulations shall provide for the generation of an 
                appropriate amount of credits for biodiesel fuel. If a 
                small refinery notifies the Administrator that it 
                waives the exemption provided paragraph (11), the 
                regulations shall provide for the generation of credits 
                by the small refinery beginning in the year following 
                such notification.
                  ``(B) Use of credits.--A person that generates 
                credits under subparagraph (A) may use the credits, or 
                transfer all or a portion of the credits to another 
                person, for the purpose of complying with paragraph 
                (2).
                  ``(C) Life of credits.--A credit generated under this 
                paragraph shall be valid to show compliance--
                          ``(i) in the calendar year in which the 
                        credit was generated or the next calendar year; 
                        or
                          ``(ii) in the calendar year in which the 
                        credit was generated or next two consecutive 
                        calendar years if the Administrator promulgates 
                        regulations under paragraph (7).
                  ``(D) Inability to purchase sufficient credits.--The 
                regulations promulgated to carry out this subsection 
                shall include provisions allowing any person that is 
                unable to generate or purchase sufficient credits to 
                meet the requirements under paragraph (2) to carry 
                forward a renewable fuel deficit provided that, in the 
                calendar year following the year in which the renewable 
                fuel deficit is created, such person shall achieve 
                compliance with the renewable fuel requirement under 
                paragraph (2), and shall generate or purchase 
                additional renewable fuel credits to offset the 
                renewable fuel deficit of the previous year.
          ``(7) Seasonal variations in renewable fuel use.--
                  ``(A) Study.--For each of the calendar years 2005 
                through 2012, the Administrator of the Energy 
                Information Administration shall conduct a study of 
                renewable fuels blending to determine whether there are 
                excessive seasonal variations in the use of renewable 
                fuels.
                  ``(B) Regulation of excessive seasonal variations.--
                If, for any calendar year, the Administrator of the 
                Energy Information Administration, based on the study 
                under subparagraph (A), makes the determinations 
                specified in subparagraph (C), the Administrator shall 
                promulgate regulations to ensure that 35 percent or 
                more of the quantity of renewable fuels necessary to 
                meet the requirement of paragraph (2) is used during 
                each of the periods specified in subparagraph (D) of 
                each subsequent calendar year.
                  ``(C) Determinations.--The determinations referred to 
                in subparagraph (B) are that--
                          ``(i) less than 35 percent of the quantity of 
                        renewable fuels necessary to meet the 
                        requirement of paragraph (2) has been used 
                        during one of the periods specified in 
                        subparagraph (D) of the calendar year;
                          ``(ii) a pattern of excessive seasonal 
                        variation described in clause (i) will continue 
                        in subsequent calendar years; and
                          ``(iii) promulgating regulations or other 
                        requirements to impose a 35 percent or more 
                        seasonal use of renewable fuels will not 
                        prevent or interfere with the attainment of 
                        national ambient air quality standards or 
                        significantly increase the price of motor fuels 
                        to the consumer.
                  ``(D) Periods.--The two periods referred to in this 
                paragraph are--
                          ``(i) April through September; and
                          ``(ii) January through March and October 
                        through December.
                  ``(E) Exclusions.--Renewable fuels blended or 
                consumed in 2005 in a State which has received a waiver 
                under section 209(b) shall not be included in the study 
                in subparagraph (A).
          ``(8) Waivers.--
                  ``(A) In general.--The Administrator, in consultation 
                with the Secretary of Agriculture and the Secretary of 
                Energy, may waive the requirement of paragraph (2) in 
                whole or in part on petition by one or more States by 
                reducing the national quantity of renewable fuel 
                required under this subsection--
                          ``(i) based on a determination by the 
                        Administrator, after public notice and 
                        opportunity for comment, that implementation of 
                        the requirement would severely harm the economy 
                        or environment of a State, a region, or the 
                        United States; or
                          ``(ii) based on a determination by the 
                        Administrator, after public notice and 
                        opportunity for comment, that there is an 
                        inadequate domestic supply or distribution 
                        capacity to meet the requirement.
                  ``(B) Petitions for waivers.--The Administrator, in 
                consultation with the Secretary of Agriculture and the 
                Secretary of Energy, shall approve or disapprove a 
                State petition for a waiver of the requirement of 
                paragraph (2) within 90 days after the date on which 
                the petition is received by the Administrator.
                  ``(C) Termination of waivers.--A waiver granted under 
                subparagraph (A) shall terminate after 1 year, but may 
                be renewed by the Administrator after consultation with 
                the Secretary of Agriculture and the Secretary of 
                Energy.
          ``(9) Study and waiver for initial year of program.--Not 
        later than 180 days after the enactment of this subsection, the 
        Secretary of Energy shall complete for the Administrator a 
        study assessing whether the renewable fuels requirement under 
        paragraph (2) will likely result in significant adverse 
        consumer impacts in 2005, on a national, regional, or State 
        basis. Such study shall evaluate renewable fuel supplies and 
        prices, blendstock supplies, and supply and distribution system 
        capabilities. Based on such study, the Secretary shall make 
        specific recommendations to the Administrator regarding waiver 
        of the requirements of paragraph (2), in whole or in part, to 
        avoid any such adverse impacts. Within 270 days after the 
        enactment of this subsection, the Administrator shall, 
        consistent with the recommendations of the Secretary, waive, in 
        whole or in part, the renewable fuels requirement under 
        paragraph (2) by reducing the national quantity of renewable 
        fuel required under this subsection in 2005. This paragraph 
        shall not be interpreted as limiting the Administrator's 
        authority to waive the requirements of paragraph (2) in whole, 
        or in part, under paragraph (8) or paragraph (10), pertaining 
        to waivers.
          ``(10) Assessment and waiver.--The Administrator, in 
        consultation with the Secretary of Energy and the Secretary of 
        Agriculture, shall evaluate the requirement of paragraph (2) 
        and determine, prior to January 1, 2007, and prior to January 1 
        of any subsequent year in which the applicable volume of 
        renewable fuel is increased under paragraph (2)(B), whether the 
        requirement of paragraph (2), including the applicable volume 
        of renewable fuel contained in paragraph (2)(B) should remain 
        in effect, in whole or in part, during 2007 or any year or 
        years subsequent to 2007. In evaluating the requirement of 
        paragraph (2) and in making any determination under this 
        section, the Administrator shall consider the best available 
        information and data collected by accepted methods or best 
        available means regarding--
                  ``(A) the capacity of renewable fuel producers to 
                supply an adequate amount of renewable fuel at 
                competitive prices to fulfill the requirement of 
                paragraph (2);
                  ``(B) the potential of the requirement of paragraph 
                (2) to significantly raise the price of gasoline, food 
                (excluding the net price impact on the requirement in 
                paragraph (2) on commodities used in the production of 
                ethanol), or heating oil for consumers in any 
                significant area or region of the country above the 
                price that would otherwise apply to such commodities in 
                the absence of such requirement;
                  ``(C) the potential of the requirement of paragraph 
                (2) to interfere with the supply of fuel in any 
                significant gasoline market or region of the country, 
                including interference with the efficient operation of 
                refiners, blenders, importers, wholesale suppliers, and 
                retail vendors of gasoline, and other motor fuels; and
                  ``(D) the potential of the requirement of paragraph 
                (2) to cause or promote exceedances of Federal, State, 
                or local air quality standards.
        If the Administrator determines, by clear and convincing 
        information, after public notice and the opportunity for 
        comment, that the requirement of paragraph (2) would have 
        significant and meaningful adverse impact on the supply of fuel 
        and related infrastructure or on the economy, public health, or 
        environment of any significant area or region of the country, 
        the Administrator may waive, in whole or in part, the 
        requirement of paragraph (2) in any one year for which the 
        determination is made for that area or region of the country, 
        except that any such waiver shall not have the effect of 
        reducing the applicable volume of renewable fuel specified in 
        paragraph (2)(B) with respect to any year for which the 
        determination is made. In determining economic impact under 
        this paragraph, the Administrator shall not consider the 
        reduced revenues available from the Highway Trust Fund (section 
        9503 of the Internal Revenue Code of 1986) as a result of the 
        use of ethanol.
          ``(11) Small refineries.--
                  ``(A) In general.--The requirement of paragraph (2) 
                shall not apply to small refineries until the first 
                calendar year beginning more than 5 years after the 
                first year set forth in the table in paragraph 
                (2)(B)(i). Not later than December 31, 2007, the 
                Secretary of Energy shall complete for the 
                Administrator a study to determine whether the 
                requirement of paragraph (2) would impose a 
                disproportionate economic hardship on small refineries. 
                For any small refinery that the Secretary of Energy 
                determines would experience a disproportionate economic 
                hardship, the Administrator shall extend the small 
                refinery exemption for such small refinery for no less 
                than two additional years.
                  ``(B) Economic hardship.--
                          ``(i) Extension of exemption.--A small 
                        refinery may at any time petition the 
                        Administrator for an extension of the exemption 
                        from the requirement of paragraph (2) for the 
                        reason of disproportionate economic hardship. 
                        In evaluating a hardship petition, the 
                        Administrator, in consultation with the 
                        Secretary of Energy, shall consider the 
                        findings of the study in addition to other 
                        economic factors.
                          ``(ii) Deadline for action on petitions.--The 
                        Administrator shall act on any petition 
                        submitted by a small refinery for a hardship 
                        exemption not later than 90 days after the 
                        receipt of the petition.
                  ``(C) Credit program.--If a small refinery notifies 
                the Administrator that it waives the exemption provided 
                by this Act, the regulations shall provide for the 
                generation of credits by the small refinery beginning 
                in the year following such notification.
                  ``(D) Opt-in for small refiners.--A small refinery 
                shall be subject to the requirements of this section if 
                it notifies the Administrator that it waives the 
                exemption under subparagraph (A).
          ``(12) Ethanol market concentration analysis.--
                  ``(A) Analysis.--
                          ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this subsection, 
                        and annually thereafter, the Federal Trade 
                        Commission shall perform a market concentration 
                        analysis of the ethanol production industry 
                        using the Herfindahl-Hirschman Index to 
                        determine whether there is sufficient 
                        competition among industry participants to 
                        avoid price setting and other anticompetitive 
                        behavior.
                          ``(ii) Scoring.--For the purpose of scoring 
                        under clause (i) using the Herfindahl-Hirschman 
                        Index, all marketing arrangements among 
                        industry participants shall be considered.
                  ``(B) Report.--Not later than December 1, 2005, and 
                annually thereafter, the Federal Trade Commission shall 
                submit to Congress and the Administrator a report on 
                the results of the market concentration analysis 
                performed under subparagraph (A)(i).''.
  (b) Penalties and Enforcement.--Section 211(d) of the Clean Air Act 
(42 U.S.C. 7545(d)) is amended as follows:
          (1) In paragraph (1)--
                  (A) in the first sentence, by striking ``or (n)'' 
                each place it appears and inserting ``(n), or (o)''; 
                and
                  (B) in the second sentence, by striking ``or (m)'' 
                and inserting ``(m), or (o)''.
          (2) In the first sentence of paragraph (2), by striking ``and 
        (n)'' each place it appears and inserting ``(n), and (o)''.
  (c) Survey of Renewable Fuel Market.--
          (1) Survey and report.--Not later than December 1, 2006, and 
        annually thereafter, the Administrator of the Environmental 
        Protection Agency (in consultation with the Secretary of Energy 
        acting through the Administrator of the Energy Information 
        Administration) shall--
                  (A) conduct, with respect to each conventional 
                gasoline use area and each reformulated gasoline use 
                area in each State, a survey to determine the market 
                shares of--
                          (i) conventional gasoline containing ethanol;
                          (ii) reformulated gasoline containing 
                        ethanol;
                          (iii) conventional gasoline containing 
                        renewable fuel; and
                          (iv) reformulated gasoline containing 
                        renewable fuel; and
                  (B) submit to Congress, and make publicly available, 
                a report on the results of the survey under 
                subparagraph (A).
          (2) Recordkeeping and reporting requirements.--The 
        Administrator of the Environmental Protection Agency 
        (hereinafter in this subsection referred to as the 
        ``Administrator'') may require any refiner, blender, or 
        importer to keep such records and make such reports as are 
        necessary to ensure that the survey conducted under paragraph 
        (1) is accurate. The Administrator, to avoid duplicative 
        requirements, shall rely, to the extent practicable, on 
        existing reporting and recordkeeping requirements and other 
        information available to the Administrator including gasoline 
        distribution patterns that include multistate use areas.
          (3) Applicable law.--Activities carried out under this 
        subsection shall be conducted in a manner designed to protect 
        confidentiality of individual responses.

SEC. 1502. FUELS SAFE HARBOR.

  (a) In General.--Notwithstanding any other provision of Federal or 
State law, no renewable fuel, as defined by section 211(o)(1) of the 
Clean Air Act, or methyl tertiary butyl ether (hereinafterin this 
section referred to as ``MTBE''), used or intended to be used as a 
motor vehicle fuel, nor any motor vehicle fuel containing such 
renewable fuel or MTBE, shall be deemed a defective product by virtue 
of the fact that it is, or contains, such a renewable fuel or MTBE, if 
it does not violate a control or prohibition imposed by the 
Administrator of the Environmental Protection Agency (hereinafter in 
this section referred to as the ``Administrator'') under section 211 of 
such Act, and the manufacturer is in compliance with all requests for 
information under subsection (b) of such section 211 of such Act. If 
the safe harbor provided by this section does not apply, the existence 
of a claim of defective product shall be determined under otherwise 
applicable law. Nothing in this subsection shall be construed to affect 
the liability of any person for environmental remediation costs, 
drinking water contamination, negligence for spills or other reasonably 
foreseeable events, public or private nuisance, trespass, breach of 
warranty, breach of contract, or any other liability other than 
liability based upon a claim of defective product.
  (b) Effective Date.--This section shall be effective as of September 
5, 2003, and shall apply with respect to all claims filed on or after 
that date.

SEC. 1503. FINDINGS AND MTBE TRANSITION ASSISTANCE.

  (a) Findings.--Congress finds that--
          (1) since 1979, methyl tertiary butyl ether (hereinafter in 
        this section referred to as ``MTBE'') has been used nationwide 
        at low levels in gasoline to replace lead as an octane booster 
        or anti-knocking agent;
          (2) Public Law 101-549 (commonly known as the ``Clean Air Act 
        Amendments of 1990'') (42 U.S.C. 7401 et seq.) established a 
        fuel oxygenate standard under which reformulated gasoline must 
        contain at least 2 percent oxygen by weight;
          (3) at the time of the adoption of the fuel oxygen standard, 
        Congress was aware that significant use of MTBE would result 
        from the adoption of that standard, and that the use of MTBE 
        would likely be important to the cost-effective implementation 
        of that program;
          (4) Congress was aware that gasoline and its component 
        additives can and do leak from storage tanks;
          (5) the fuel industry responded to the fuel oxygenate 
        standard established by Public Law 101-549 by making 
        substantial investments in--
                  (A) MTBE production capacity; and
                  (B) systems to deliver MTBE-containing gasoline to 
                the marketplace;
          (6) having previously required oxygenates like MTBE for air 
        quality purposes, Congress has--
                  (A) reconsidered the relative value of MTBE in 
                gasoline;
                  (B) decided to establish a date certain for action by 
                the Environmental Protection Agency to prohibit the use 
                of MTBE in gasoline; and
                  (C) decided to provide for the elimination of the 
                oxygenate requirement for reformulated gasoline and to 
                provide for a renewable fuels content requirement for 
                motor fuel; and
          (7) it is appropriate for Congress to provide some limited 
        transition assistance--
                  (A) to merchant producers of MTBE who produced MTBE 
                in response to a market created by the oxygenate 
                requirement contained in the Clean Air Act; and
                  (B) for the purpose of mitigating any fuel supply 
                problems that may result from the elimination of the 
                oxygenate requirement for reformulated gasoline and 
                from the decision to establish a date certain for 
                action by the Environmental Protection Agency to 
                prohibit the use of MTBE in gasoline.
  (b) Purposes.--The purpose of this section is to provide assistance 
to merchant producers of MTBE in making the transition from producing 
MTBE to producing other fuel additives.
  (c) MTBE Merchant Producer Conversion Assistance.--Section 211(c) of 
the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding at the end 
the following:
          ``(5) MTBE merchant producer conversion assistance.--
                  ``(A) In general.--
                          ``(i) Grants.--The Secretary of Energy, in 
                        consultation with the Administrator, may make 
                        grants to merchant producers of methyl tertiary 
                        butyl ether (hereinafter in this subsection 
                        referred to as `MTBE') in the United States to 
                        assist the producers in the conversion of 
                        eligible production facilities described in 
                        subparagraph (C) to the production of iso-
                        octane, iso-octene, alkylates, or renewable 
                        fuels.
                          ``(ii) Determination.--The Administrator, in 
                        consultation with the Secretary of Energy, may 
                        determine that transition assistance for the 
                        production of iso-octane, iso-octene, 
                        alkylates, or renewable fuels is inconsistent 
                        with the provisions of subparagraph (B) and, on 
                        that basis, may deny applications for grants 
                        authorized by this paragraph.
                  ``(B) Further grants.--The Secretary of Energy, in 
                consultation with the Administrator, may also further 
                make grants to merchant producers of MTBE in the United 
                States to assist the producers in the conversion of 
                eligible production facilities described in 
                subparagraph (C) to the production of such other fuel 
                additives (unless the Administrator determines that 
                such fuel additives may reasonably be anticipated to 
                endanger public health or the environment) that, 
                consistent with this subsection--
                          ``(i) have been registered and have been 
                        tested or are being tested in accordance with 
                        the requirements of this section; and
                          ``(ii) will contribute to replacing gasoline 
                        volumes lost as a result of amendments made to 
                        subsection (k) of this section by section 
                        1504(a) and 1506 of the Energy Policy Act of 
                        2005.
                  ``(C) Eligible production facilities.--A production 
                facility shall be eligible to receive a grant under 
                this paragraph if the production facility--
                          ``(i) is located in the United States; and
                          ``(ii) produced MTBE for consumption before 
                        April 1, 2003 and ceased production at any time 
                        after the date of enactment of this paragraph.
                  ``(D) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $250,000,000 for each of fiscal years 2005 
                through 2012, to remain available until expended.''.

SEC. 1504. USE OF MTBE.

  (a) In General.--Subject to subsections (e) and (f), not later than 
December 31, 2014, the use of methyl tertiary butyl ether (hereinafter 
in this section referred to as ``MTBE'') in motor vehicle fuel in any 
State other than a State described in subsection (c) is prohibited.
  (b) Regulations.--The Administrator of the Environmental Protection 
Agency (hereafter referred to in this section as the ``Administrator'') 
shall promulgate regulations to effect the prohibition in subsection 
(a).
  (c) States That Authorize Use.--A State described in this subsection 
is a State in which the Governor of the State submits a notification to 
the Administrator authorizing the use of MTBE in motor vehicle fuel 
sold or used in the State.
  (d) Publication of Notice.--The Administrator shall publish in the 
Federal Register each notice submitted by a State under subsection (c).
  (e) Trace Quantities.--In carrying out subsection (a), the 
Administrator may allow trace quantities of MTBE, not to exceed 0.5 
percent by volume, to be present in motor vehicle fuel in cases that 
the Administrator determines to be appropriate.
  (f) Limitation.--The Administrator, under authority of subsection 
(a), shall not prohibit or control the production of MTBE for export 
from the United States or for any other use other than for use in motor 
vehicle fuel.
  (g) Effect on State Law.--The amendments made by this title have no 
effect regarding any available authority of States to limit the use of 
methyl tertiary butyl ether in motor vehicle fuel.

SEC. 1505. NATIONAL ACADEMY OF SCIENCES REVIEW AND PRESIDENTIAL 
                    DETERMINATION.

  (a) NAS Review.--Not later than May 31, 2013, the Secretary shall 
enter into an arrangement with the National Academy of Sciences to 
review the use of methyl tertiary butyl ether (hereafter referred to in 
this section as ``MTBE'') in fuel and fuel additives. The review shall 
only use the best available scientific information and data collected 
by accepted methods or the best available means. The review shall 
examine the use of MTBE in fuel and fuel additives, significant 
beneficial and detrimental effects of this use on environmental quality 
or public health or welfare including the costs and benefits of such 
effects, likely effects of controls or prohibitions on MTBE regarding 
fuel availability and price, and other appropriate and reasonable 
actions that are available to protect the environment or public health 
or welfare from any detrimental effects of the use of MTBE in fuel or 
fuel additives. The review shall be peer-reviewed prior to publication 
and all supporting data and analytical models shall be available to the 
public. The review shall be completed no later than May 31, 2014.
  (b) Presidential Determination.--No later than June 30, 2014, the 
President may make a determination that restrictions on the use of MTBE 
to be implemented pursuant to section 1504 shall not take place and 
that the legal authority contained in section 1504 to prohibit the use 
of MTBE in motor vehicle fuel shall become null and void.

SEC. 1506. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED 
                    GASOLINE.

  (a) Elimination.--
          (1) In general.--Section 211(k) of the Clean Air Act (42 
        U.S.C. 7545(k)) is amended as follows:
                  (A) In paragraph (2)--
                          (i) in the second sentence of subparagraph 
                        (A), by striking ``(including the oxygen 
                        content requirement contained in subparagraph 
                        (B))'';
                          (ii) by striking subparagraph (B); and
                          (iii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (B) and (C), respectively.
                  (B) In paragraph (3)(A), by striking clause (v).
                  (C) In paragraph (7)--
                          (i) in subparagraph (A)--
                                  (I) by striking clause (i); and
                                  (II) by redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively; and
                          (ii) in subparagraph (C)--
                                  (I) by striking clause (ii).
                                  (II) by redesignating clause (iii) as 
                                clause (ii).
          (2) Effective date.--The amendments made by paragraph (1) 
        take effect 270 days after the date of enactment of this Act, 
        except that such amendments shall take effect upon such date of 
        enactment in any State that has received a waiver under section 
        209(b) of the Clean Air Act.
  (b) Maintenance of Toxic Air Pollutant Emission Reductions.--Section 
211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is amended as 
follows:
          (1) By striking ``Within 1 year after the enactment of the 
        Clean Air Act Amendments of 1990,'' and inserting the 
        following:
                  ``(A) In general.--Not later than November 15, 
                1991,''.
          (2) By adding at the end the following:
                  ``(B) Maintenance of toxic air pollutant emissions 
                reductions from reformulated gasoline.--
                          ``(i) Definitions.--In this subparagraph the 
                        term `PADD' means a Petroleum Administration 
                        for Defense District.
                          ``(ii) Regulations regarding emissions of 
                        toxic air pollutants.--Not later than 270 days 
                        after the date of enactment of this 
                        subparagraph the Administrator shall establish, 
                        for each refinery or importer, standards for 
                        toxic air pollutants from use of the 
                        reformulated gasoline produced or distributed 
                        by the refinery or importer that maintain the 
                        reduction of the average annual aggregate 
                        emissions of toxic air pollutants for 
                        reformulated gasoline produced or distributed 
                        by the refinery or importer during calendar 
                        years 1999 and 2000, determined on the basis of 
                        data collected by the Administrator with 
                        respect to the refinery or importer.
                          ``(iii) Standards applicable to specific 
                        refineries or importers.--
                                  ``(I) Applicability of standards.--
                                For any calendar year, the standards 
                                applicable to a refinery or importer 
                                under clause (ii) shall apply to the 
                                quantity of gasoline produced or 
                                distributed by the refinery or importer 
                                in the calendar year only to the extent 
                                that the quantity is less than or equal 
                                to the average annual quantity of 
                                reformulated gasoline produced or 
                                distributed by the refinery or importer 
                                during calendar years 1999 and 2000.
                                  ``(II) Applicability of other 
                                standards.--For any calendar year, the 
                                quantity of gasoline produced or 
                                distributed by a refinery or importer 
                                that is in excess of the quantity 
                                subject to subclause (I) shall be 
                                subject to standards for toxic air 
                                pollutants promulgated under 
                                subparagraph (A) and paragraph (3)(B).
                          ``(iv) Credit program.--The Administrator 
                        shall provide for the granting and use of 
                        credits for emissions of toxic air pollutants 
                        in the same manner as provided in paragraph 
                        (7).
                          ``(v) Regional protection of toxics reduction 
                        baselines.--
                                  ``(I) In general.--Not later than 60 
                                days after the date of enactment of 
                                this subparagraph, and not later than 
                                April 1 of each calendar year that 
                                begins after that date of enactment, 
                                the Administrator shall publish in the 
                                Federal Register a report that 
                                specifies, with respect to the previous 
                                calendar year--
                                          ``(aa) the quantity of 
                                        reformulated gasoline produced 
                                        that is in excess of the 
                                        average annual quantity of 
                                        reformulated gasoline produced 
                                        in 1999 and 2000; and
                                          ``(bb) the reduction of the 
                                        average annual aggregate 
                                        emissions of toxic air 
                                        pollutants in each PADD, based 
                                        on retail survey data or data 
                                        from other appropriate sources.
                                  ``(II) Effect of failure to maintain 
                                aggregate toxics reductions.--If, in 
                                any calendar year, the reduction of the 
                                average annual aggregate emissions of 
                                toxic air pollutants in a PADD fails to 
                                meet or exceed the reduction of the 
                                average annual aggregate emissions of 
                                toxic air pollutants in the PADD in 
                                calendar years 1999 and 2000, the 
                                Administrator, not later than 90 days 
                                after the date of publication of the 
                                report for the calendar year under 
                                subclause (I), shall--
                                          ``(aa) identify, to the 
                                        maximum extent practicable, the 
                                        reasons for the failure, 
                                        including the sources, volumes, 
                                        and characteristics of 
                                        reformulated gasoline that 
                                        contributed to the failure; and
                                          ``(bb) promulgate revisions 
                                        to the regulations promulgated 
                                        under clause (ii), to take 
                                        effect not earlier than 180 
                                        days but not later than 270 
                                        days after the date of 
                                        promulgation, to provide that, 
                                        notwithstanding clause 
                                        (iii)(II), all reformulated 
                                        gasoline produced or 
                                        distributed at each refinery or 
                                        importer shall meet the 
                                        standards applicable under 
                                        clause (ii) not later than 
                                        April 1 of the year following 
                                        the report in subclause (II) 
                                        and for subsequent years.
                          ``(vi) Regulations to control hazardous air 
                        pollutants from motor vehicles and motor 
                        vehicle fuels.--Not later than July 1, 2005, 
                        the Administrator shall promulgate final 
                        regulations to control hazardous air pollutants 
                        from motor vehicles and motor vehicle fuels, as 
                        provided for in section 80.1045 of title 40, 
                        Code of Federal Regulations (as in effect on 
                        the date of enactment of this subparagraph).''.
  (c) Consolidation in Reformulated Gasoline Regulations.--Not later 
than 180 days after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall revise the 
reformulated gasoline regulations under subpart D of part 80 of title 
40, Code of Federal Regulations, to consolidate the regulations 
applicable to VOC-Control Regions 1 and 2 under section 80.41 of that 
title by eliminating the less stringent requirements applicable to 
gasoline designated for VOC-Control Region 2 and instead applying the 
more stringent requirements applicable to gasoline designated for VOC-
Control Region 1.
  (d) Savings Clause.--Nothing in this section is intended to affect or 
prejudice either any legal claims or actions with respect to 
regulations promulgated by the Administrator of the Environmental 
Protection Agency (hereinafter in this subsection referred to as the 
``Administrator'') prior to the date of enactment of this Act regarding 
emissions of toxic air pollutants from motor vehicles or the adjustment 
of standards applicable to a specific refinery or importer made under 
such prior regulations and the Administrator may apply such adjustments 
to the standards applicable to such refinery or importer under clause 
(iii)(I) of section 211(k)(1)(B) of the Clean Air Act, except that--
          (1) the Administrator shall revise such adjustments to be 
        based only on calendar years 1999-2000; and
          (2) for adjustments based on toxic air pollutant emissions 
        from reformulated gasoline significantly below the national 
        annual average emissions of toxic air pollutants from all 
        reformulated gasoline, the Administrator may revise such 
        adjustments to take account of the scope of Federal or State 
        prohibitions on the use of methyl tertiary butyl ether imposed 
        after the date of the enactment of this paragraph, except that 
        any such adjustment shall require such refiner or importer, to 
        the greatest extent practicable, to maintain the reduction 
        achieved during calendar years 1999-2000 in the average annual 
        aggregate emissions of toxic air pollutants from reformulated 
        gasoline produced or distributed by the refinery or importer; 
        Provided, that any such adjustment shall not be made at a level 
        below the average percentage of reductions of emissions of 
        toxic air pollutants for reformulated gasoline supplied to PADD 
        I during calendar years 1999-2000.

SEC. 1507. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.

  Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
inserting after subsection (o) the following:
  ``(p) Analyses of Motor Vehicle Fuel Changes and Emissions Model.--
          ``(1) Anti-backsliding analysis.--
                  ``(A) Draft analysis.--Not later than 4 years after 
                the date of enactment of this subsection, the 
                Administrator shall publish for public comment a draft 
                analysis of the changes in emissions of air pollutants 
                and air quality due to the use of motor vehicle fuel 
                and fuel additives resulting from implementation of the 
                amendments made by subtitle A of title XV of the Energy 
                Policy Act of 2005.
                  ``(B) Final analysis.--After providing a reasonable 
                opportunity for comment but not later than 5 years 
                after the date of enactment of this paragraph, the 
                Administrator shall publish the analysis in final form.
          ``(2) Emissions model.--For the purposes of this subsection, 
        as soon as the necessary data are available, the Administrator 
        shall develop and finalize an emissions model that reasonably 
        reflects the effects of gasoline characteristics or components 
        on emissions from vehicles in the motor vehicle fleet during 
        calendar year 2005.''.

SEC. 1508. DATA COLLECTION.

  Section 205 of the Department of Energy Organization Act (42 U.S.C. 
7135) is amended by adding at the end the following:
  ``(m) Renewable Fuels Survey.--(1) In order to improve the ability to 
evaluate the effectiveness of the Nation's renewable fuels mandate, the 
Administrator shall conduct and publish the results of a survey of 
renewable fuels demand in the motor vehicle fuels market in the United 
States monthly, and in a manner designed to protect the confidentiality 
of individual responses. In conducting the survey, the Administrator 
shall collect information both on a national and regional basis, 
including each of the following:
          ``(A) The quantity of renewable fuels produced.
          ``(B) The quantity of renewable fuels blended.
          ``(C) The quantity of renewable fuels imported.
          ``(D) The quantity of renewable fuels demanded.
          ``(E) Market price data.
          ``(F) Such other analyses or evaluations as the Administrator 
        finds is necessary to achieve the purposes of this section.
  ``(2) The Administrator shall also collect or estimate information 
both on a national and regional basis, pursuant to subparagraphs (A) 
through (F) of paragraph (1), for the 5 years prior to implementation 
of this subsection.
  ``(3) This subsection does not affect the authority of the 
Administrator to collect data under section 52 of the Federal Energy 
Administration Act of 1974 (15 U.S.C. 790a).''.

SEC. 1509. REDUCING THE PROLIFERATION OF STATE FUEL CONTROLS.

  (a) EPA Approval of State Plans With Fuel Controls.--Section 
211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended 
by adding at the end the following: ``The Administrator shall not 
approve a control or prohibition respecting the use of a fuel or fuel 
additive under this subparagraph unless the Administrator, after 
consultation with the Secretary of Energy, publishes in the Federal 
Register a finding that, in the Administrator's judgment, such control 
or prohibition will not cause fuel supply or distribution interruptions 
or have a significant adverse impact on fuel producibility in the 
affected area or contiguous areas.''.
  (b) Study.--The Administrator of the Environmental Protection Agency 
(hereinafter in this subsection referred to as the ``Administrator''), 
in cooperation with the Secretary of Energy, shall undertake a study of 
the projected effects on air quality, the proliferation of fuel blends, 
fuel availability, and fuel costs of providing a preference for each of 
the following:
          (A) Reformulated gasoline referred to in subsection (k) of 
        section 211 of the Clean Air Act.
          (B) A low RVP gasoline blend that has been certified by the 
        Administrator as having a Reid Vapor Pressure of 7.0 pounds per 
        square inch (psi).
          (C) A low RVP gasoline blend that has been certified by the 
        Administrator as having a Reid Vapor Pressure of 7.8 pounds per 
        square inch (psi).
In carrying out such study, the Administrator shall obtain comments 
from affected parties. The Administrator shall submit the results of 
such study to the Congress not later than 18 months after the date of 
enactment of this Act, together with any recommended legislative 
changes.

SEC. 1510. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

  (a) Study.--
          (1) In general.--The Administrator of the Environmental 
        Protection Agency (hereinafter in this section referred to as 
        the ``Administrator'') and the Secretary of Energy shall 
        jointly conduct a study of Federal, State, and local 
        requirements concerning motor vehicle fuels, including--
                  (A) requirements relating to reformulated gasoline, 
                volatility (measured in Reid vapor pressure), 
                oxygenated fuel, and diesel fuel; and
                  (B) other requirements that vary from State to State, 
                region to region, or locality to locality.
          (2) Required elements.--The study shall assess--
                  (A) the effect of the variety of requirements 
                described in paragraph (1) on the supply, quality, and 
                price of motor vehicle fuels available to consumers in 
                various States and localities;
                  (B) the effect of the requirements described in 
                paragraph (1) on achievement of--
                          (i) national, regional, and local air quality 
                        standards and goals; and
                          (ii) related environmental and public health 
                        protection standards and goals;
                  (C) the effect of Federal, State, and local motor 
                vehicle fuel regulations, including multiple motor 
                vehicle fuel requirements, on--
                          (i) domestic refineries;
                          (ii) the fuel distribution system; and
                          (iii) industry investment in new capacity;
                  (D) the effect of the requirements described in 
                paragraph (1) on emissions from vehicles, refineries, 
                and fuel handling facilities;
                  (E) the feasibility of developing national or 
                regional motor vehicle fuel slates for the 48 
                contiguous States that, while improving air quality at 
                the national, regional and local levels consistent with 
                the attainment of national ambient air quality 
                standards, could--
                          (i) enhance flexibility in the fuel 
                        distribution infrastructure and improve fuel 
                        fungibility;
                          (ii) reduce price volatility and costs to 
                        consumers and producers;
                          (iii) provide increased liquidity to the 
                        gasoline market; and
                          (iv) enhance fuel quality, consistency, and 
                        supply;
                  (F) the feasibility of providing incentives to 
                promote cleaner burning motor vehicle fuel; and
                  (G) the extent to which improvements in air quality 
                and any increases or decreases in the price of motor 
                fuel can be projected to result from the Environmental 
                Protection Agency's Tier II requirements for 
                conventional gasoline and vehicle emission systems, the 
                reformulated gasoline program, the renewable content 
                requirements established by this subtitle, State 
                programs regarding gasoline volatility, and any other 
                requirements imposed by States or localities affecting 
                the composition of motor fuel.
  (b) Report.--
          (1) In general.--Not later than December 31, 2007, the 
        Administrator and the Secretary of Energy shall submit to 
        Congress a report on the results of the study conducted under 
        subsection (a).
          (2) Recommendations.--
                  (A) In general.--The report under this subsection 
                shall contain recommendations for legislative and 
                administrative actions that may be taken--
                          (i) to improve air quality;
                          (ii) to reduce costs to consumers and 
                        producers; and
                          (iii) to increase supply liquidity.
                  (B) Required considerations.--The recommendations 
                under subparagraph (A) shall take into account the need 
                to provide advance notice of required modifications to 
                refinery and fuel distribution systems in order to 
                ensure an adequate supply of motor vehicle fuel in all 
                States.
          (3) Consultation.--In developing the report under this 
        subsection, the Administrator and the Secretary of Energy shall 
        consult with--
                  (A) the Governors of the States;
                  (B) automobile manufacturers;
                  (C) motor vehicle fuel producers and distributors; 
                and
                  (D) the public.

SEC. 1511. COMMERCIAL BYPRODUCTS FROM MUNICIPAL SOLID WASTE AND 
                    CELLULOSIC BIOMASS LOAN GUARANTEE PROGRAM.

  (a) Definition of Municipal Solid Waste.--In this section, the term 
``municipal solid waste'' has the meaning given the term ``solid 
waste'' in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
6903).
  (b) Establishment of Program.--The Secretary of Energy (hereinafter 
in this section referred to as the ``Secretary'') shall establish a 
program to provide guarantees of loans by private institutions for the 
construction of facilities for the processing and conversion of 
municipal solid waste and cellulosic biomass into fuel ethanol and 
other commercial byproducts.
  (c) Requirements.--The Secretary may provide a loan guarantee under 
subsection (b) to an applicant if--
          (1) without a loan guarantee, credit is not available to the 
        applicant under reasonable terms or conditions sufficient to 
        finance the construction of a facility described in subsection 
        (b);
          (2) the prospective earning power of the applicant and the 
        character and value of the security pledged provide a 
        reasonable assurance of repayment of the loan to be guaranteed 
        in accordance with the terms of the loan; and
          (3) the loan bears interest at a rate determined by the 
        Secretary to be reasonable, taking into account the current 
        average yield on outstanding obligations of the United States 
        with remaining periods of maturity comparable to the maturity 
        of the loan.
  (d) Criteria.--In selecting recipients of loan guarantees from among 
applicants, the Secretary shall give preference to proposals that--
          (1) meet all applicable Federal and State permitting 
        requirements;
          (2) are most likely to be successful; and
          (3) are located in local markets that have the greatest need 
        for the facility because of--
                  (A) the limited availability of land for waste 
                disposal;
                  (B) the availability of sufficient quantities of 
                cellulosic biomass; or
                  (C) a high level of demand for fuel ethanol or other 
                commercial byproducts of the facility.
  (e) Maturity.--A loan guaranteed under subsection (b) shall have a 
maturity of not more than 20 years.
  (f) Terms and Conditions.--The loan agreement for a loan guaranteed 
under subsection (b) shall provide that no provision of the loan 
agreement may be amended or waived without the consent of the 
Secretary.
  (g) Assurance of Repayment.--The Secretary shall require that an 
applicant for a loan guarantee under subsection (b) provide an 
assurance of repayment in the form of a performance bond, insurance, 
collateral, or other means acceptable to the Secretary in an amount 
equal to not less than 20 percent of the amount of the loan.
  (h) Guarantee Fee.--The recipient of a loan guarantee under 
subsection (b) shall pay the Secretary an amount determined by the 
Secretary to be sufficient to cover the administrative costs of the 
Secretary relating to the loan guarantee.
  (i) Full Faith and Credit.--The full faith and credit of the United 
States is pledged to the payment of all guarantees made under this 
section. Any such guarantee made by the Secretary shall be conclusive 
evidence of the eligibility of the loan for the guarantee with respect 
to principal and interest. The validity of the guarantee shall be 
incontestable in the hands of a holder of the guaranteed loan.
  (j) Reports.--Until each guaranteed loan under this section has been 
repaid in full, the Secretary shall annually submit to Congress a 
report on the activities of the Secretary under this section.
  (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
  (l) Termination of Authority.--The authority of the Secretary to 
issue a loan guarantee under subsection (b) terminates on the date that 
is 10 years after the date of enactment of this Act.

SEC. 1512. CELLULOSIC BIOMASS AND WASTE-DERIVED ETHANOL CONVERSION 
                    ASSISTANCE.

  Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding at the end the following:
  ``(r) Cellulosic Biomass and Waste-Derived Ethanol Conversion 
Assistance.--
          ``(1) In general.--The Secretary of Energy may provide grants 
        to merchant producers of cellulosic biomass ethanol and waste-
        derived ethanol in the United States to assist the producers in 
        building eligible production facilities described in paragraph 
        (2) for the production of ethanol.
          ``(2) Eligible production facilities.--A production facility 
        shall be eligible to receive a grant under this subsection if 
        the production facility--
                  ``(A) is located in the United States; and
                  ``(B) uses cellulosic biomass or waste-derived 
                feedstocks derived from agricultural residues, wood 
                residues, municipal solid waste, or agricultural 
                byproducts as that term is used in section 919 of the 
                Energy Policy Act of 2005.
          ``(3) Authorization of appropriations.--There are authorized 
        to be appropriated the following amounts to carry out this 
        subsection:
                  ``(A) $100,000,000 for fiscal year 2005.
                  ``(B) $250,000,000 for fiscal year 2006.
                  ``(C) $400,000,000 for fiscal year 2007.''.

SEC. 1513. BLENDING OF COMPLIANT REFORMULATED GASOLINES.

  Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding at the end the following:
  ``(s) Blending of Compliant Reformulated Gasolines.--
          ``(1) In general.--Notwithstanding subsections (h) and (k) 
        and subject to the limitations in paragraph (2) of this 
        subsection, it shall not be a violation of this subtitle for a 
        gasoline retailer, during any month of the year, to blend at a 
        retail location batches of ethanol-blended and non-ethanol-
        blended reformulated gasoline, provided that--
                  ``(A) each batch of gasoline to be blended has been 
                individually certified as in compliance with 
                subsections (h) and (k) prior to being blended;
                  ``(B) the retailer notifies the Administrator prior 
                to such blending, and identifies the exact location of 
                the retail station and the specific tank in which such 
                blending will take place;
                  ``(C) the retailer retains and, as requested by the 
                Administrator or the Administrator's designee, makes 
                available for inspection such certifications accounting 
                for all gasoline at the retail outlet; and
                  ``(D) the retailer does not, between June 1 and 
                September 15 of each year, blend a batch of VOC-
                controlled, or `summer', gasoline with a batch of non-
                VOC-controlled, or `winter', gasoline (as these terms 
                are defined under subsections (h) and (k)).
  ``(2) Limitations.--
          ``(A) Frequency limitation.--A retailer shall only be 
        permitted to blend batches of compliant reformulated gasoline 
        under this subsection a maximum of two blending periods between 
        May 1 and September 15 of each calendar year.
          ``(B) Duration of blending period.--Each blending period 
        authorized under subparagraph (A) shall extend for a period of 
        no more than 10 consecutive calendar days.
          ``(3) Surveys.--A sample of gasoline taken from a retail 
        location that has blended gasoline within the past 30 days and 
        is in compliance with subparagraphs (A), (B), (C), and (D) of 
        paragraph (1) shall not be used in a VOC survey mandated by 40 
        C.F.R. Part 80.
          ``(4) State implementation plans.--A State shall be held 
        harmless and shall not be required to revise its State 
        implementation plan under section 110 to account for the 
        emissions from blended gasoline authorized under paragraph (1).
          ``(5) Preservation of state law.--Nothing in this subsection 
        shall--
                  ``(A) preempt existing State laws or regulations 
                regulating the blending of compliant gasolines; or
                  ``(B) prohibit a State from adopting such 
                restrictions in the future.
          ``(6) Regulations.--The Administrator shall promulgate, after 
        notice and comment, regulations implementing this subsection 
        within one year after the date of enactment of this subsection.
          ``(7) Effective date.--This subsection shall become effective 
        15 months after the date of its enactment and shall apply to 
        blended batches of reformulated gasoline on or after that date, 
        regardless of whether the implementing regulations required by 
        paragraph (6) have been promulgated by the Administrator by 
        that date.
          ``(8) Liability.--No person other than the person responsible 
        for blending under this subsection shall be subject to an 
        enforcement action or penalties under subsection (d) solely 
        arising from the blending of compliant reformulated gasolines 
        by the retailers.
          ``(9) Formulation of gasoline.--This subsection does not 
        grant authority to the Administrator or any State (or any 
        subdivision thereof) to require reformulation of gasoline at 
        the refinery to adjust for potential or actual emissions 
        increases due to the blending authorized by this subsection.''.

            Subtitle B--Underground Storage Tank Compliance

SEC. 1521. SHORT TITLE.

  This subtitle may be cited as the ``Underground Storage Tank 
Compliance Act of 2005''.

SEC. 1522. LEAKING UNDERGROUND STORAGE TANKS.

  (a) In General.--Section 9004 of the Solid Waste Disposal Act (42 
U.S.C. 6991c) is amended by adding at the end the following:
  ``(f) Trust Fund Distribution.--
          ``(1) In general.--
                  ``(A) Amount and permitted uses of distribution.--The 
                Administrator shall distribute to States not less than 
                80 percent of the funds from the Trust Fund that are 
                made available to the Administrator under section 
                9014(2)(A) for each fiscal year for use in paying the 
                reasonable costs, incurred under a cooperative 
                agreement with any State for--
                          ``(i) corrective actions taken by the State 
                        under section 9003(h)(7)(A);
                          ``(ii) necessary administrative expenses, as 
                        determined by the Administrator, that are 
                        directly related to State fund or State 
                        assurance programs under subsection (c)(1); or
                          ``(iii) enforcement, by a State or a local 
                        government, of State or local regulations 
                        pertaining to underground storage tanks 
                        regulated under this subtitle.
                  ``(B) Use of funds for enforcement.--In addition to 
                the uses of funds authorized under subparagraph (A), 
                the Administrator may use funds from the Trust Fund 
                that are not distributed to States under subparagraph 
                (A) for enforcement of any regulation promulgated by 
                the Administrator under this subtitle.
                  ``(C) Prohibited uses.--Funds provided to a State by 
                the Administrator under subparagraph (A) shall not be 
                used by the State to provide financial assistance to an 
                owner or operator to meet any requirement relating to 
                underground storage tanks under subparts B, C, D, H, 
                and G of part 280 of title 40, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this subsection).
          ``(2) Allocation.--
                  ``(A) Process.--Subject to subparagraphs (B) and (C), 
                in the case of a State with which the Administrator has 
                entered into a cooperative agreement under section 
                9003(h)(7)(A), the Administrator shall distribute funds 
                from the Trust Fund to the State using an allocation 
                process developed by the Administrator.
                  ``(B) Diversion of state funds.--The Administrator 
                shall not distribute funds under subparagraph (A)(iii) 
                of subsection (f)(1) to any State that has diverted 
                funds from a State fund or State assurance program for 
                purposes other than those related to the regulation of 
                underground storage tanks covered by this subtitle, 
                with the exception of those transfers that had been 
                completed earlier than the date of enactment of this 
                subsection.
                  ``(C) Revisions to process.--The Administrator may 
                revise the allocation process referred to in 
                subparagraph (A) after--
                          ``(i) consulting with State agencies 
                        responsible for overseeing corrective action 
                        for releases from underground storage tanks; 
                        and
                          ``(ii) taking into consideration, at a 
                        minimum, each of the following:
                                  ``(I) The number of confirmed 
                                releases from federally regulated 
                                leaking underground storage tanks in 
                                the States.
                                  ``(II) The number of federally 
                                regulated underground storage tanks in 
                                the States.
                                  ``(III) The performance of the States 
                                in implementing and enforcing the 
                                program.
                                  ``(IV) The financial needs of the 
                                States.
                                  ``(V) The ability of the States to 
                                use the funds referred to in 
                                subparagraph (A) in any year.
          ``(3) Distributions to state agencies.--Distributions from 
        the Trust Fund under this subsection shall be made directly to 
        a State agency that--
                  ``(A) enters into a cooperative agreement referred to 
                in paragraph (2)(A); or
                  ``(B) is enforcing a State program approved under 
                this section.''.
  (b) Withdrawal of Approval of State Funds.--Section 9004(c) of the 
Solid Waste Disposal Act (42 U.S.C. 6991c(c)) is amended by inserting 
the following new paragraph at the end thereof:
          ``(6) Withdrawal of approval.--After an opportunity for good 
        faith, collaborative efforts to correct financial deficiencies 
        with a State fund, the Administrator may withdraw approval of 
        any State fund or State assurance program to be used as a 
        financial responsibility mechanism without withdrawing approval 
        of a State underground storage tank program under section 
        9004(a).''.
  (c) Ability to Pay.--Section 9003(h)(6) of the Solid Waste Disposal 
Act (42 U.S.C. 6591a(h)(6)) is amended by adding the following new 
subparagraph at the end thereof:
                  ``(E) Inability or limited ability to pay.--
                          ``(i) In general.--In determining the level 
                        of recovery effort, or amount that should be 
                        recovered, the Administrator (or the State 
                        pursuant to paragraph (7)) shall consider the 
                        owner or operator's ability to pay. An 
                        inability or limited ability to pay corrective 
                        action costs must be demonstrated to the 
                        Administrator (or the State pursuant to 
                        paragraph (7)) by the owner or operator.
                          ``(ii) Considerations.--In determining 
                        whether or not a demonstration is made under 
                        clause (i), the Administrator (or the State 
                        pursuant to paragraph (7)) shall take into 
                        consideration the ability of the owner or 
                        operator to pay corrective action costs and 
                        still maintain its basic business operations, 
                        including consideration of the overall 
                        financial condition of the owner or operator 
                        and demonstrable constraints on the ability of 
                        the owner or operator to raise revenues.
                          ``(iii) Information.--An owner or operator 
                        requesting consideration under this 
                        subparagraph shall promptly provide the 
                        Administrator (or the State pursuant to 
                        paragraph (7)) with all relevant information 
                        needed to determine the ability of the owner or 
                        operator to pay corrective action costs.
                          ``(iv) Alternative payment methods.--The 
                        Administrator (or the State pursuant to 
                        paragraph (7)) shall consider alternative 
                        payment methods as may be necessary or 
                        appropriate if the Administrator (or the State 
                        pursuant to paragraph (7)) determines that an 
                        owner or operator cannot pay all or a portion 
                        of the costs in a lump sum payment.
                          ``(v) Misrepresentation.--If an owner or 
                        operator provides false information or 
                        otherwise misrepresents their financial 
                        situation under clause (ii), the Administrator 
                        (or the State pursuant to paragraph (7)) shall 
                        seek full recovery of the costs of all such 
                        actions pursuant to the provisions of 
                        subparagraph (A) without consideration of the 
                        factors in subparagraph (B).''.

SEC. 1523. INSPECTION OF UNDERGROUND STORAGE TANKS.

  (a) Inspection Requirements.--Section 9005 of the Solid Waste 
Disposal Act (42 U.S.C. 6991d) is amended by inserting the following 
new subsection at the end thereof:
  ``(c) Inspection Requirements.--
          ``(1) Uninspected tanks.--In the case of underground storage 
        tanks regulated under this subtitle that have not undergone an 
        inspection since December 22, 1998, not later than 2 years 
        after the date of enactment of this subsection, the 
        Administrator or a State that receives funding under this 
        subtitle, as appropriate, shall conduct on-site inspections of 
        all such tanks to determine compliance with this subtitle and 
        the regulations under this subtitle (40 C.F.R. 280) or a 
        requirement or standard of a State program developed under 
        section 9004.
          ``(2) Periodic inspections.--After completion of all 
        inspections required under paragraph (1), the Administrator or 
        a State that receives funding under this subtitle, as 
        appropriate, shall conduct on-site inspections of each 
        underground storage tank regulated under this subtitle at least 
        once every 3 years to determine compliance with this subtitle 
        and the regulations under this subtitle (40 C.F.R. 280) or a 
        requirement or standard of a State program developed under 
        section 9004. The Administrator may extend for up to one 
        additional year the first 3-year inspection interval under this 
        paragraph if the State demonstrates that it has insufficient 
        resources to complete all such inspections within the first 3-
        year period.
          ``(3) Inspection authority.--Nothing in this section shall be 
        construed to diminish the Administrator's or a State's 
        authorities under section 9005(a).''.
  (b) Study of Alternative Inspection Programs.--The Administrator of 
the Environmental Protection Agency, in coordination with a State, 
shall gather information on compliance assurance programs that could 
serve as an alternative to the inspection programs under section 
9005(c) of the Solid Waste Disposal Act (42 U.S.C. 6991d(c)) and shall, 
within 4 years after the date of enactment of this Act, submit a report 
to the Congress containing the results of such study.

SEC. 1524. OPERATOR TRAINING.

  (a) In General.--Section 9010 of the Solid Waste Disposal Act (42 
U.S.C. 6991i) is amended to read as follows:

``SEC. 9010. OPERATOR TRAINING.

  ``(a) Guidelines.--
          ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2005, in consultation and cooperation with States and after 
        public notice and opportunity for comment, the Administrator 
        shall publish guidelines that specify training requirements 
        for--
                  ``(A) persons having primary responsibility for on-
                site operation and maintenance of underground storage 
                tank systems;
                  ``(B) persons having daily on-site responsibility for 
                the operation and maintenance of underground storage 
                tanks systems; and
                  ``(C) daily, on-site employees having primary 
                responsibility for addressing emergencies presented by 
                a spill or release from an underground storage tank 
                system.
          ``(2) Considerations.--The guidelines described in paragraph 
        (1) shall take into account--
                  ``(A) State training programs in existence as of the 
                date of publication of the guidelines;
                  ``(B) training programs that are being employed by 
                tank owners and tank operators as of the date of 
                enactment of the Underground Storage Tank Compliance 
                Act of 2005;
                  ``(C) the high turnover rate of tank operators and 
                other personnel;
                  ``(D) the frequency of improvement in underground 
                storage tank equipment technology;
                  ``(E) the nature of the businesses in which the tank 
                operators are engaged;
                  ``(F) the substantial differences in the scope and 
                length of training needed for the different classes of 
                persons described in subparagraphs (A), (B), and (C) of 
                paragraph (1); and
                  ``(G) such other factors as the Administrator 
                determines to be necessary to carry out this section.
  ``(b) State Programs.--
          ``(1) In general.--Not later than 2 years after the date on 
        which the Administrator publishes the guidelines under 
        subsection (a)(1), each State that receives funding under this 
        subtitle shall develop State-specific training requirements 
        that are consistent with the guidelines developed under 
        subsection (a)(1).
          ``(2) Requirements.--State requirements described in 
        paragraph (1) shall--
                  ``(A) be consistent with subsection (a);
                  ``(B) be developed in cooperation with tank owners 
                and tank operators;
                  ``(C) take into consideration training programs 
                implemented by tank owners and tank operators as of the 
                date of enactment of this section; and
                  ``(D) be appropriately communicated to tank owners 
                and operators.
          ``(3) Financial incentive.--The Administrator may award to a 
        State that develops and implements requirements described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than 
        $200,000, to be used to carry out the requirements.
  ``(c) Training.--All persons that are subject to the operator 
training requirements of subsection (a) shall--
          ``(1) meet the training requirements developed under 
        subsection (b); and
          ``(2) repeat the applicable requirements developed under 
        subsection (b), if the tank for which they have primary daily 
        on-site management responsibilities is determined to be out of 
        compliance with--
                  ``(A) a requirement or standard promulgated by the 
                Administrator under section 9003; or
                  ``(B) a requirement or standard of a State program 
                approved under section 9004.''.
  (b) State Program Requirement.--Section 9004(a) of the Solid Waste 
Disposal Act (42 U.S.C. 6991c(a)) is amended by striking ``and'' at the 
end of paragraph (7), by striking the period at the end of paragraph 
(8) and inserting ``; and'', and by adding the following new paragraph 
at the end thereof:
          ``(9) State-specific training requirements as required by 
        section 9010.''.
  (c) Enforcement.--Section 9006(d)(2) of such Act (42 U.S.C. 6991e) is 
amended as follows:
          (1) By striking ``or'' at the end of subparagraph (B).
          (2) By adding the following new subparagraph after 
        subparagraph (C):
          ``(D) the training requirements established by States 
        pursuant to section 9010 (relating to operator training); or''.
  (d) Table of Contents.--The item relating to section 9010 in table of 
contents for the Solid Waste Disposal Act is amended to read as 
follows:

``Sec. 9010. Operator training.''.

SEC. 1525. REMEDIATION FROM OXYGENATED FUEL ADDITIVES.

  Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) 
is amended as follows:
          (1) In paragraph (7)(A)--
                  (A) by striking ``paragraphs (1) and (2) of this 
                subsection'' and inserting ``paragraphs (1), (2), and 
                (12)'' ; and
                  (B) by striking ``and including the authorities of 
                paragraphs (4), (6), and (8) of this subsection'' and 
                inserting ``and the authority under sections 9011 and 
                9012 and paragraphs (4), (6), and (8),''.
          (2) By adding at the end the following:
          ``(12) Remediation of oxygenated fuel contamination.--
                  ``(A) In general.--The Administrator and the States 
                may use funds made available under section 9014(2)(B) 
                to carry out corrective actions with respect to a 
                release of a fuel containing an oxygenated fuel 
                additive that presents a threat to human health or 
                welfare or the environment.
                  ``(B) Applicable authority.--The Administrator or a 
                State shall carry out subparagraph (A) in accordance 
                with paragraph (2), and in the case of a State, in 
                accordance with a cooperative agreement entered into by 
                the Administrator and the State under paragraph (7).''.

SEC. 1526. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT.

  (a) Release Prevention and Compliance.--Subtitle I of the Solid Waste 
Disposal Act (42 U.S.C. 6991 et seq.) is amended by adding at the end 
the following:

``SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND COMPLIANCE.

  ``Funds made available under section 9014(2)(D) from the Trust Fund 
may be used to conduct inspections, issue orders, or bring actions 
under this subtitle--
          ``(1) by a State, in accordance with a grant or cooperative 
        agreement with the Administrator, of State regulations 
        pertaining to underground storage tanks regulated under this 
        subtitle; and
          ``(2) by the Administrator, for tanks regulated under this 
        subtitle (including under a State program approved under 
        section 9004).''.
  (b) Government-Owned Tanks.--Section 9003 of the Solid Waste Disposal 
Act (42 U.S.C. 6991b) is amended by adding at the end the following:
  ``(i) Government-Owned Tanks.--
          ``(1) State compliance report.--(A) Not later than 2 years 
        after the date of enactment of this subsection, each State that 
        receives funding under this subtitle shall submit to the 
        Administrator a State compliance report that--
                  ``(i) lists the location and owner of each 
                underground storage tank described in subparagraph (B) 
                in the State that, as of the date of submission of the 
                report, is not in compliance with section 9003; and
                  ``(ii) specifies the date of the last inspection and 
                describes the actions that have been and will be taken 
                to ensure compliance of the underground storage tank 
                listed under clause (i) with this subtitle.
          ``(B) An underground storage tank described in this 
        subparagraph is an underground storage tank that is--
                  ``(i) regulated under this subtitle; and
                  ``(ii) owned or operated by the Federal, State, or 
                local government.
          ``(C) The Administrator shall make each report, received 
        under subparagraph (A), available to the public through an 
        appropriate media.
          ``(2) Financial incentive.--The Administrator may award to a 
        State that develops a report described in paragraph (1), in 
        addition to any other funds that the State is entitled to 
        receive under this subtitle, not more than $50,000, to be used 
        to carry out the report.
          ``(3) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.
  (c) Public Record.--Section 9002 of the Solid Waste Disposal Act (42 
U.S.C. 6991a) is amended by adding at the end the following:
  ``(d) Public Record.--
          ``(1) In general.--The Administrator shall require each State 
        that receives Federal funds to carry out this subtitle to 
        maintain, update at least annually, and make available to the 
        public, in such manner and form as the Administrator shall 
        prescribe (after consultation with States), a record of 
        underground storage tanks regulated under this subtitle.
          ``(2) Considerations.--To the maximum extent practicable, the 
        public record of a State, respectively, shall include, for each 
        year--
                  ``(A) the number, sources, and causes of underground 
                storage tank releases in the State;
                  ``(B) the record of compliance by underground storage 
                tanks in the State with--
                          ``(i) this subtitle; or
                          ``(ii) an applicable State program approved 
                        under section 9004; and
                  ``(C) data on the number of underground storage tank 
                equipment failures in the State.''.
  (d) Incentive for Performance.--Section 9006 of the Solid Waste 
Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the 
following:
  ``(e) Incentive for Performance.--Both of the following may be taken 
into account in determining the terms of a civil penalty under 
subsection (d):
          ``(1) The compliance history of an owner or operator in 
        accordance with this subtitle or a program approved under 
        section 9004.
          ``(2) Any other factor the Administrator considers 
        appropriate.''.
  (e) Table of Contents.--The table of contents for such subtitle I is 
amended by adding the following new item at the end thereof:

``Sec. 9011. Use of funds for release prevention and compliance.''.

SEC. 1527. DELIVERY PROHIBITION.

  (a) In General.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 et seq.) is amended by adding at the end the following:

``SEC. 9012. DELIVERY PROHIBITION.

  ``(a) Requirements.--
          ``(1) Prohibition of delivery or deposit.--Beginning 2 years 
        after the date of enactment of this section, it shall be 
        unlawful to deliver to, deposit into, or accept a regulated 
        substance into an underground storage tank at a facility which 
        has been identified by the Administrator or a State 
        implementing agency to be ineligible for fuel delivery or 
        deposit.
          ``(2) Guidance.--Within 1 year after the date of enactment of 
        this section, the Administrator and States that receive funding 
        under this subtitle shall, in consultation with the underground 
        storage tank owner and product delivery industries, for 
        territory for which they are the primary implementing agencies, 
        publish guidelines detailing the specific processes and 
        procedures they will use to implement the provisions of this 
        section. The processes and procedures include, at a minimum--
                  ``(A) the criteria for determining which underground 
                storage tank facilities are ineligible for delivery or 
                deposit;
                  ``(B) the mechanisms for identifying which facilities 
                are ineligible for delivery or deposit to the 
                underground storage tank owning and fuel delivery 
                industries;
                  ``(C) the process for reclassifying ineligible 
                facilities as eligible for delivery or deposit; and
                  ``(D) a delineation of, or a process for determining, 
                the specified geographic areas subject to paragraph 
                (4).
          ``(3) Delivery prohibition notice.--
                  ``(A) Roster.--The Administrator and each State 
                implementing agency that receives funding under this 
                subtitle shall establish within 24 months after the 
                date of enactment of this section a Delivery 
                Prohibition Roster listing underground storage tanks 
                under the Administrator's or the State's jurisdiction 
                that are determined to be ineligible for delivery or 
                deposit pursuant to paragraph (2).
                  ``(B) Notification.--The Administrator and each 
                State, as appropriate, shall make readily known, to 
                underground storage tank owners and operators and to 
                product delivery industries, the underground storage 
                tanks listed on a Delivery Prohibition Roster by:
                          ``(i) posting such Rosters, including the 
                        physical location and street address of each 
                        listed underground storage tank, on official 
                        web sites and, if the Administrator or the 
                        State so chooses, other electronic means;
                          ``(ii) updating these Rosters periodically; 
                        and
                          ``(iii) installing a tamper-proof tag, seal, 
                        or other device blocking the fill pipes of such 
                        underground storage tanks to prevent the 
                        delivery of product into such underground 
                        storage tanks.
                  ``(C) Roster updates.--The Administrator and the 
                State shall update the Delivery Prohibition Rosters as 
                appropriate, but not less than once a month on the 
                first day of the month.
                  ``(D) Tampering with device.--
                          ``(i) Prohibition.--It shall be unlawful for 
                        any person, other than an authorized 
                        representative of the Administrator or a State, 
                        as appropriate, to remove, tamper with, 
                        destroy, or damage a device installed by the 
                        Administrator or a State, as appropriate, under 
                        subparagraph (B)(iii) of this subsection.
                          ``(ii) Civil penalties.--Any person violating 
                        clause (i) of this subparagraph shall be 
                        subject to a civil penalty not to exceed 
                        $10,000 for each violation.
          ``(4) Limitation.--
                  ``(A) Rural and remote areas.--Subject to 
                subparagraph (B), the Administrator or a State shall 
                not include an underground storage tank on a Delivery 
                Prohibition Roster under paragraph (3) if an urgent 
                threat to public health, as determined by the 
                Administrator, does not exist and if such a delivery 
                prohibition would jeopardize the availability of, or 
                access to, fuel in any rural and remote areas.
                  ``(B) Applicability of limitation.--The limitation 
                under subparagraph (A) shall apply only during the 180-
                day period following the date of a determination by the 
                Administrator or the appropriate State that exercising 
                the authority of paragraph (3) is limited by 
                subparagraph (A).
  ``(b) Effect on State Authority.--Nothing in this section shall 
affect the authority of a State to prohibit the delivery of a regulated 
substance to an underground storage tank.
  ``(c) Defense to Violation.--A person shall not be in violation of 
subsection (a)(1) if the underground storage tank into which a 
regulated substance is delivered is not listed on the Administrator's 
or the appropriate State's Prohibited Delivery Roster 7 calendar days 
prior to the delivery being made.''.
  (b) Enforcement.--Section 9006(d)(2) of such Act (42 U.S.C. 
6991e(d)(2)) is amended as follows:
          (1) By adding the following new subparagraph after 
        subparagraph (D):
          ``(E) the delivery prohibition requirement established by 
        section 9012,''.
          (2) By adding the following new sentence at the end thereof: 
        ``Any person making or accepting a delivery or deposit of a 
        regulated substance to an underground storage tank at an 
        ineligible facility in violation of section 9012 shall also be 
        subject to the same civil penalty for each day of such 
        violation.''.
  (c) Table of Contents.--The table of contents for such subtitle I is 
amended by adding the following new item at the end thereof:

``Sec. 9012. Delivery prohibition.''.

SEC. 1528. FEDERAL FACILITIES.

  Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f) is 
amended to read as follows:

``SEC. 9007. FEDERAL FACILITIES.

  ``(a) In General.--Each department, agency, and instrumentality of 
the executive, legislative, and judicial branches of the Federal 
Government (1) having jurisdiction over any underground storage tank or 
underground storage tank system, or (2) engaged in any activity 
resulting, or which may result, in the installation, operation, 
management, or closure of any underground storage tank, release 
response activities related thereto, or in the delivery, acceptance, or 
deposit of any regulated substance to an underground storage tank or 
underground storage tank system shall be subject to, and comply with, 
all Federal, State, interstate, and local requirements, both 
substantive and procedural (including any requirement for permits or 
reporting or any provisions for injunctive relief and such sanctions as 
may be imposed by a court to enforce such relief), respecting 
underground storage tanks in the same manner, and to the same extent, 
as any person is subject to such requirements, including the payment of 
reasonable service charges. The Federal, State, interstate, and local 
substantive and procedural requirements referred to in this subsection 
include, but are not limited to, all administrative orders and all 
civil and administrative penalties and fines, regardless of whether 
such penalties or fines are punitive or coercive in nature or are 
imposed for isolated, intermittent, or continuing violations. The 
United States hereby expressly waives any immunity otherwise applicable 
to the United States with respect to any such substantive or procedural 
requirement (including, but not limited to, any injunctive relief, 
administrative order or civil or administrative penalty or fine 
referred to in the preceding sentence, or reasonable service charge). 
The reasonable service charges referred to in this subsection include, 
but are not limited to, fees or charges assessed in connection with the 
processing and issuance of permits, renewal of permits, amendments to 
permits, review of plans, studies, and other documents, and inspection 
and monitoring of facilities, as well as any other nondiscriminatory 
charges that are assessed in connection with a Federal, State, 
interstate, or local underground storage tank regulatory program. 
Neither the United States, nor any agent, employee, or officer thereof, 
shall be immune or exempt from any process or sanction of any State or 
Federal Court with respect to the enforcement of any such injunctive 
relief. No agent, employee, or officer of the United States shall be 
personally liable for any civil penalty under any Federal, State, 
interstate, or local law concerning underground storage tanks with 
respect to any act or omission within the scope of the official duties 
of the agent, employee, or officer. An agent, employee, or officer of 
the United States shall be subject to any criminal sanction (including, 
but not limited to, any fine or imprisonment) under any Federal or 
State law concerning underground storage tanks, but no department, 
agency, or instrumentality of the executive, legislative, or judicial 
branch of the Federal Government shall be subject to any such sanction. 
The President may exempt any underground storage tank of any 
department, agency, or instrumentality in the executive branch from 
compliance with such a requirement if he determines it to be in the 
paramount interest of the United States to do so. No such exemption 
shall be granted due to lack of appropriation unless the President 
shall have specifically requested such appropriation as a part of the 
budgetary process and the Congress shall have failed to make available 
such requested appropriation. Any exemption shall be for a period not 
in excess of one year, but additional exemptions may be granted for 
periods not to exceed one year upon the President's making a new 
determination. The President shall report each January to the Congress 
all exemptions from the requirements of this section granted during the 
preceding calendar year, together with his reason for granting each 
such exemption.
  ``(b) Review of and Report on Federal Underground Storage Tanks.--
          ``(1) Review.--Not later than 12 months after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2005, each Federal agency that owns or operates 1 or more 
        underground storage tanks, or that manages land on which 1 or 
        more underground storage tanks are located, shall submit to the 
        Administrator, the Committee on Energy and Commerce of the 
        United States House of Representatives, and the Committee on 
        the Environment and Public Works of the United States Senate a 
        compliance strategy report that--
                  ``(A) lists the location and owner of each 
                underground storage tank described in this paragraph;
                  ``(B) lists all tanks that are not in compliance with 
                this subtitle that are owned or operated by the Federal 
                agency;
                  ``(C) specifies the date of the last inspection by a 
                State or Federal inspector of each underground storage 
                tank owned or operated by the agency;
                  ``(D) lists each violation of this subtitle 
                respecting any underground storage tank owned or 
                operated by the agency;
                  ``(E) describes the operator training that has been 
                provided to the operator and other persons having 
                primary daily on-site management responsibility for the 
                operation and maintenance of underground storage tanks 
                owned or operated by the agency; and
                  ``(F) describes the actions that have been and will 
                be taken to ensure compliance for each underground 
                storage tank identified under subparagraph (B).
          ``(2) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.

SEC. 1529. TANKS ON TRIBAL LANDS.

  (a) In General.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 et seq.) is amended by adding the following at the end 
thereof:

``SEC. 9013. TANKS ON TRIBAL LANDS.

  ``(a) Strategy.--The Administrator, in coordination with Indian 
tribes, shall, not later than 1 year after the date of enactment of 
this section, develop and implement a strategy--
          ``(1) giving priority to releases that present the greatest 
        threat to human health or the environment, to take necessary 
        corrective action in response to releases from leaking 
        underground storage tanks located wholly within the boundaries 
        of--
                  ``(A) an Indian reservation; or
                  ``(B) any other area under the jurisdiction of an 
                Indian tribe; and
          ``(2) to implement and enforce requirements concerning 
        underground storage tanks located wholly within the boundaries 
        of--
                  ``(A) an Indian reservation; or
                  ``(B) any other area under the jurisdiction of an 
                Indian tribe.
  ``(b) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator shall submit to Congress a report that 
summarizes the status of implementation and enforcement of this 
subtitle in areas located wholly within--
          ``(1) the boundaries of Indian reservations; and
          ``(2) any other areas under the jurisdiction of an Indian 
        tribe.
The Administrator shall make the report under this subsection available 
to the public.
  ``(c) Not a Safe Harbor.--This section does not relieve any person 
from any obligation or requirement under this subtitle.
  ``(d) State Authority.--Nothing in this section applies to any 
underground storage tank that is located in an area under the 
jurisdiction of a State, or that is subject to regulation by a State, 
as of the date of enactment of this section.''.
  (b) Table of Contents.--The table of contents for such subtitle I is 
amended by adding the following new item at the end thereof:

``Sec. 9013. Tanks on Tribal lands.''.

SEC. 1530. ADDITIONAL MEASURES TO PROTECT GROUNDWATER.

  (a) In General.--Section 9003 of the Solid Waste Disposal Act (42 
U.S.C. 6991b) is amended by adding the following new subsection at the 
end:
  ``(i) Additional Measures to Protect Groundwater From 
Contaimination.--The Administrator shall require each State that 
receives funding under this subtitle to require one of the following:
          ``(1) Tank and piping secondary containment.--(A) Each new 
        underground storage tank, or piping connected to any such new 
        tank, installed after the effective date of this subsection, or 
        any existing underground storage tank, or existing piping 
        connected to such existing tank, that is replaced after the 
        effective date of this subsection, shall be secondarily 
        contained and monitored for leaks if the new or replaced 
        underground storage tank or piping is within 1,000 feet of any 
        existing community water system or any existing potable 
        drinking water well.
          ``(B) In the case of a new underground storage tank system 
        consisting of one or more underground storage tanks and 
        connected by piping, subparagraph (A) shall apply to all 
        underground storage tanks and connected pipes comprising such 
        system.
          ``(C) In the case of a replacement of an existing underground 
        storage tank or existing piping connected to the underground 
        storage tank, subparagraph (A) shall apply only to the specific 
        underground storage tank or piping being replaced, not to other 
        underground storage tanks and connected pipes comprising such 
        system.
          ``(D) Each installation of a new motor fuel dispenser system, 
        after the effective date of this subsection, shall include 
        under-dispenser spill containment if the new dispenser is 
        within 1,000 feet of any existing community water system or any 
        existing potable drinking water well.
          ``(E) This paragraph shall not apply to repairs to an 
        underground storage tank, piping, or dispenser that are meant 
        to restore a tank, pipe, or dispenser to operating condition
          ``(F) As used in this subsection:
                  ``(i) The term `secondarily contained' means a 
                release detection and prevention system that meets the 
                requirements of 40 CFR 280.43(g), but shall not include 
                under-dispenser spill containment or control systems.
                  ``(ii) The term `underground storage tank' has the 
                meaning given to it in section 9001, except that such 
                term does not include tank combinations or more than a 
                single underground pipe connected to a tank.
                  ``(iii) The term `installation of a new motor fuel 
                dispenser system' means the installation of a new motor 
                fuel dispenser and the equipment necessary to connect 
                the dispenser to the underground storage tank system, 
                but does not mean the installation of a motor fuel 
                dispenser installed separately from the equipment need 
                to connect the dispenser to the underground storage 
                tank system.
          ``(G) The Administrator may issue regulations or guidelines 
        implementing the requirements of this subsection.
          ``(2) Evidence of financial responsibility and 
        certification.--
                  ``(A) Manufacturer and installer financial 
                responsibility.--A person that manufactures an 
                underground storage tank or piping for an underground 
                storage tank system or that installs an underground 
                storage tank system is required to maintain evidence of 
                financial responsibility under section 9003(d) in order 
                to provide for the costs of corrective actions directly 
                related to releases caused by improper manufacture or 
                installation unless the person can demonstrate 
                themselves to be already covered as an owner or 
                operator of an underground storage tank under section 
                9003.
                  ``(B) Installer certification.--The Administrator and 
                each State that receives funding under this subtitle, 
                as appropriate, shall require that a person that 
                installs an underground storage tank system is--
                          ``(i) certified or licensed by the tank and 
                        piping manufacturer;
                          ``(ii) certified or licensed by the 
                        Administrator or a State, as appropriate;
                          ``(iii) has their underground storage tank 
                        system installation certified by a registered 
                        professional engineer with education and 
                        experience in underground storage tank system 
                        installation;
                          ``(iv) has had their installation of the 
                        underground storage tank inspected and approved 
                        by the Administrator or the State, as 
                        appropriate;
                          ``(v) compliant with a code of practice 
                        developed by a nationally recognized 
                        association of independent testing laboratory 
                        and in accordance with the manufacturers 
                        instructions; or
                          ``(vi) compliant with another method that is 
                        determined by the Administrator or a State, as 
                        appropriate, to be no less protective of human 
                        health and the environment.''.
  (b) Effective Date.--This subsection shall take effect 18 months 
after the date of enactment of this subsection
  (c) Promulgation of Regulations or Guidelines.--The Administrator 
shall issue regulations or guidelines implementing the requirements of 
this subsection, including guidance to differentiate between the terms 
``repair'' and ``replace'' for the purposes of section 9003(i)(1) of 
the Solid Waste Disposal Act.
  (d) Penalties.--Section 9006(d)(2) of such Act (42 U.S.C. 
6991e(d)(2)) is amended by adding the following new subparagraph after 
subparagraph (C):
                  ``(D) the requirements establishd in section 
                9003(i),''.

SEC. 1531. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 et seq.) is amended by adding at the end the following:

``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to the Administrator the 
following amounts:
          ``(1) To carry out subtitle I (except sections 9003(h), 
        9005(c), 9011 and 9012) $50,000,000 for each of fiscal years 
        2005 through 2009.
          ``(2) From the Trust Fund, notwithstanding section 9508(c)(1) 
        of the Internal Revenue Code of 1986:
                  ``(A) to carry out section 9003(h) (except section 
                9003(h)(12)) $200,000,000 for each of fiscal years 2005 
                through 2009;
                  ``(B) to carry out section 9003(h)(12), $200,000,000 
                for each of fiscal years 2005 through 2009;
                  ``(C) to carry out sections 9004(f) and 9005(c) 
                $100,000,000 for each of fiscal years 2005 through 
                2009; and
                  ``(D) to carry out sections 9011 and 9012 $55,000,000 
                for each of fiscal years 2005 through 2009.''.
  (b) Table of Contents.--The table of contents for such subtitle I is 
amended by adding the following new item at the end thereof:

``Sec. 9014. Authorization of appropriations.''.

SEC. 1532. CONFORMING AMENDMENTS.

  (a) In General.--Section 9001 of the Solid Waste Disposal Act (42 
U.S.C. 6991) is amended as follows:
          (1) By striking ``For the purposes of this subtitle--'' and 
        inserting ``In this subtitle:''.
          (2) By redesignating paragraphs (1), (2), (3), (4), (5), (6), 
        (7), and (8) as paragraphs (10), (7), (4), (3), (8), (5), (2), 
        and (6), respectively.
          (3) By inserting before paragraph (2) (as redesignated by 
        paragraph (2) of this subsection) the following:
          ``(1) Indian tribe.--
                  ``(A) In general.--The term `Indian tribe' means any 
                Indian tribe, band, nation, or other organized group or 
                community that is recognized as being eligible for 
                special programs and services provided by the United 
                States to Indians because of their status as Indians.
                  ``(B) Inclusions.--The term `Indian tribe' includes 
                an Alaska Native village, as defined in or established 
                under the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.).''.
          (4) By inserting after paragraph (8) (as redesignated by 
        paragraph (2) of this subsection) the following:
          ``(9) Trust fund.--The term `Trust Fund' means the Leaking 
        Underground Storage Tank Trust Fund established by section 9508 
        of the Internal Revenue Code of 1986.''.
  (b) Conforming Amendments.--The Solid Waste Disposal Act (42 U.S.C. 
6901 and following) is amended as follows:
          (1) Section 9003(f) (42 U.S.C. 6991b(f)) is amended--
                  (A) in paragraph (1), by striking ``9001(2)(B)'' and 
                inserting ``9001(7)(B)''; and
                  (B) in paragraphs (2) and (3), by striking 
                ``9001(2)(A)'' each place it appears and inserting 
                ``9001(7)(A)''.
          (2) Section 9003(h) (42 U.S.C. 6991b(h)) is amended in 
        paragraphs (1), (2)(C), (7)(A), and (11) by striking ``Leaking 
        Underground Storage Tank Trust Fund'' each place it appears and 
        inserting ``Trust Fund''.
          (3) Section 9009 (42 U.S.C. 6991h) is amended--
                  (A) in subsection (a), by striking ``9001(2)(B)'' and 
                inserting ``9001(7)(B)''; and
                  (B) in subsection (d), by striking ``section 9001(1) 
                (A) and (B)'' and inserting ``subparagraphs (A) and (B) 
                of section 9001(10)''.

SEC. 1533. TECHNICAL AMENDMENTS.

  The Solid Waste Disposal Act is amended as follows:
          (1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) is amended by 
        striking ``sustances'' and inserting ``substances''.
          (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended by 
        striking ``subsection (c) and (d) of this section'' and 
        inserting ``subsections (c) and (d)''.
          (3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by 
        striking ``in 9001(2)(A) or (B) or both'' and inserting ``in 
        subparagraph (A) or (B) of section 9001(7)''.
          (4) Section 9005 (42 U.S.C. 6991d) is amended--
                  (A) in subsection (a), by striking ``study taking'' 
                and inserting ``study, taking'';
                  (B) in subsection (b)(1), by striking ``relevent'' 
                and inserting ``relevant''; and
                  (C) in subsection (b)(4), by striking 
                ``Evironmental'' and inserting ``Environmental''.

                       Subtitle C--Boutique Fuels

SEC. 1541. REDUCING THE PROLIFERATION OF BOUTIQUE FUELS.

  (a) Temporary Waivers During Supply Emergencies.--Section 
211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended 
by inserting ``(i)'' after ``(C)'' and by adding the following new 
clauses at the end thereof:
  ``(ii) The Administrator may temporarily waive a control or 
prohibition respecting the use of a fuel or fuel additive required or 
regulated by the Administrator pursuant to subsection (c), (h), (i), 
(k), or (m) of this section or prescribed in an applicable 
implementation plan under section 110 approved by the Administrator 
under clause (i) of this subparagraph if, after consultation with, and 
concurrence by, the Secretary of Energy, the Administrator determines 
that--
          ``(I) extreme and unusual fuel or fuel additive supply 
        circumstances exist in a State or region of the Nation which 
        prevent the distribution of an adequate supply of the fuel or 
        fuel additive to consumers;
          ``(II) such extreme and unusual fuel and fuel additive supply 
        circumstances are the result of a natural disaster, an Act of 
        God, a pipeline or refinery equipment failure, or another event 
        that could not reasonably have been foreseen or prevented and 
        not the lack of prudent planning on the part of the suppliers 
        of the fuel or fuel additive to such State or region; and
          ``(III) it is in the public interest to grant the waiver (for 
        example, when a waiver is necessary to meet projected temporary 
        shortfalls in the supply of the fuel or fuel additive in a 
        State or region of the Nation which cannot otherwise be 
        compensated for).
  ``(iii) If the Administrator makes the determinations required under 
clause (ii), such a temporary extreme and unusual fuel and fuel 
additive supply circumstances waiver shall be permitted only if--
          ``(I) the waiver applies to the smallest geographic area 
        necessary to address the extreme and unusual fuel and fuel 
        additive supply circumstances;
          ``(II) the waiver is effective for a period of 20 calendar 
        days or, if the Administrator determines that a shorter waiver 
        period is adequate, for the shortest practicable time period 
        necessary to permit the correction of the extreme and unusual 
        fuel and fuel additive supply circumstances and to mitigate 
        impact on air quality;
          ``(III) the waiver permits a transitional period, the exact 
        duration of which shall be determined by the Administrator, 
        after the termination of the temporary waiver to permit 
        wholesalers and retailers to blend down their wholesale and 
        retail inventory;
          ``(IV) the waiver applies to all persons in the motor fuel 
        distribution system; and
          ``(V) the Administrator has given public notice to all 
        parties in the motor fuel distribution system, and local and 
        State regulators, in the State or region to be covered by the 
        waiver.
The term `motor fuel distribution system' as used in this clause shall 
be defined by the Administrator through rulemaking.
  ``(iv) Within 180 days of the date of enactment of this clause, the 
Administrator shall promulgate regulations to implement clauses (ii) 
and (iii).
  ``(v) Nothing in this subparagraph shall--
          ``(I) limit or otherwise affect the application of any other 
        waiver authority of the Administrator pursuant to this section 
        or pursuant to a regulation promulgated pursuant to this 
        section; and
          ``(II) subject any State or person to an enforcement action, 
        penalties, or liability solely arising from actions taken 
        pursuant to the issuance of a waiver under this 
        subparagraph.''.
  (b) Limit on Number of Boutique Fuels.--Section 211(c)(4)(C) of the 
Clean Air Act (42 U.S.C. 7545(c)(4)), as amended by subsection (a), is 
further amended by adding at the end the following:
  ``(vi)(I) The Administrator shall have no authority, when considering 
a State implementation plan or a State implementation plan revision, to 
approve under this paragraph any fuel included in such plan or revision 
if the effect of such approval increases the total number of fuels 
approved under this paragraph as of September 1, 2004, in all State 
implementation plans.
  ``(II) The Administrator, in consultation with the Secretary of 
Energy, shall determine the total number of fuels approved under this 
paragraph as of September 1, 2004, in all State implementation plans 
and shall publish a list of such fuels, including the states and 
Petroleum Administration for Defense District in which they are used, 
in the Federal Register for public review and comment no later than 90 
days after enactment.
  ``(III) The Administrator shall remove a fuel from the list published 
under subclause (II) if a fuel ceases to be included in a State 
implementation plan or if a fuel in a State implementation plan is 
identical to a Federal fuel formulation implemented by the 
Administrator, but the Administrator shall not reduce the total number 
of fuels authorized under the list published under subclause (II).
  ``(IV) Subclause (I) shall not limit the Administrator's authority to 
approve a control or prohibition respecting any new fuel under this 
paragraph in a State implementation plan or revision to a State 
implementation plan if such new fuel:
          ``(aa) completely replaces a fuel on the list published under 
        subclause (II); or
          ``(bb) does not increase the total number of fuels on the 
        list published under subclause (II) as of September 1, 2004.
In the event that the total number of fuels on the list published under 
subclause (II) at the time of the Administrator's consideration of a 
control or prohibition respecting a new fuel is lower than the total 
number of fuels on such list as of September 1, 2004, the Administrator 
may approve a control or prohibition respecting a new fuel under this 
subclause if the Administrator, after consultation with the Secretary 
of Energy, publishes in the Federal Register after notice and comment a 
finding that, in the Administrator's judgment, such control or 
prohibition respecting a new fuel will not cause fuel supply or 
distribution interruptions or have a significant adverse impact on fuel 
producibility in the affected area or contiguous areas.
  ``(V) The Administrator shall have no authority under this paragraph, 
when considering any particular State's implementation plan or a 
revision to that State's implementation plan, to approve any fuel 
unless that fuel was, as of the date of such consideration, approved in 
at least one State implementation plan in the applicable Petroleum 
Administration for Defense District. However, the Administrator may 
approve as part of a State implementation plan or State implementation 
plan revision a fuel with a summertime Reid Vapor Pressure of 7.0 psi. 
In no event shall such approval by the Administrator cause an increase 
in the total number of fuels on the list published under subclause 
(II).
  ``(VI) Nothing in this clause shall be construed to have any effect 
regarding any available authority of States to require the use of any 
fuel additive registered in accordance with subsection (b), including 
any fuel additive registered in accordance with subsection (b) after 
the enactment of this subclause.''.
  (c) Study and Report to Congress on Boutique Fuels.--
          (1) Joint study.--The Administrator of the Environmental 
        Protection Agency and the Secretary of Energy shall undertake a 
        study of the effects on air quality, on the number of fuel 
        blends, on fuel availability, on fuel fungibility, and on fuel 
        costs of the State plan provisions adopted pursuant to section 
        211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)).
          (2) Focus of study.--The primary focus of the study required 
        under paragraph (1) shall be to determine how to develop a 
        Federal fuels system that maximizes motor fuel fungibility and 
        supply, preserves air quality standards, and reduces motor fuel 
        price volatility that results from the proliferation of 
        boutique fuels, and to recommend to Congress such legislative 
        changes as are necessary to implement such a system. The study 
        should include the impacts on overall energy supply, 
        distribution, and use as a result of the legislative changes 
        recommended.
          (3) Responsibility of administrator.--In carrying out the 
        study required by this section, the Administrator shall 
        coordinate obtaining comments from affected parties interested 
        in the air quality impact assessment portion of the study. The 
        Administrator shall use sound and objective science practices, 
        shall consider the best available science, and shall consider 
        and include a description of the weight of the scientific 
        evidence.
          (4) Responsibility of secretary.--In carrying out the study 
        required by this section, the Secretary shall coordinate 
        obtaining comments from affected parties interested in the fuel 
        availability, number of fuel blends, fuel fungibility and fuel 
        costs portion of the study.
          (5) Report to congress.--The Administrator and the Secretary 
        jointly shall submit the results of the study required by this 
        section in a report to the Congress not later than 12 months 
        after the date of the enactment of this Act, together with any 
        recommended regulatory and legislative changes. Such report 
        shall be submitted to the Committee on Energy and Commerce of 
        the House of Representatives and the Committee on Environment 
        and Public Works of the Senate.
          (6) Authorization of appropriations.--There is authorized to 
        be appropriated jointly to the Administrator and the Secretary 
        $500,000 for the completion of the study required under this 
        subsection.
  (d) Definitions.--In this section:
          (1) The term ``Administrator'' means the Administrator of the 
        Environmental Protection Agency.
          (2) The term ``Secretary'' means the Secretary of Energy.
          (3) The term ``fuel'' means gasoline, diesel fuel, and any 
        other liquid petroleum product commercially known as gasoline 
        and diesel fuel for use in highway and nonroad motor vehicles.
          (4) The term ``a control or prohibition respecting a new 
        fuel'' means a control or prohibition on the formulation, 
        composition, or emissions characteristics of a fuel that would 
        require the increase or decrease of a constituent in gasoline 
        or diesel fuel.

                           TITLE XVI--STUDIES

SEC. 1601. STUDY ON INVENTORY OF PETROLEUM AND NATURAL GAS STORAGE.

  (a) Definition.--For purposes of this section ``petroleum'' means 
crude oil, motor gasoline, jet fuel, distillates, and propane.
  (b) Study.--The Secretary of Energy shall conduct a study on 
petroleum and natural gas storage capacity and operational inventory 
levels, nationwide and by major geographical regions.
  (c) Contents.--The study shall address--
          (1) historical normal ranges for petroleum and natural gas 
        inventory levels;
          (2) historical and projected storage capacity trends;
          (3) estimated operation inventory levels below which outages, 
        delivery slowdown, rationing, interruptions in service, or 
        other indicators of shortage begin to appear;
          (4) explanations for inventory levels dropping below normal 
        ranges; and
          (5) the ability of industry to meet United States demand for 
        petroleum and natural gas without shortages or price spikes, 
        when inventory levels are below normal ranges.
  (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Energy shall submit a report to 
Congress on the results of the study, including findings and any 
recommendations for preventing future supply shortages.

SEC. 1605. STUDY OF ENERGY EFFICIENCY STANDARDS.

  The Secretary of Energy shall contract with the National Academy of 
Sciences for a study, to be completed within 1 year after the date of 
enactment of this Act, to examine whether the goals of energy 
efficiency standards are best served by measurement of energy consumed, 
and efficiency improvements, at the actual site of energy consumption, 
or through the full fuel cycle, beginning at the source of energy 
production. The Secretary shall submit the report to Congress.

SEC. 1606. TELECOMMUTING STUDY.

  (a) Study Required.--The Secretary, in consultation with the 
Commission, the Director of the Office of Personnel Management, the 
Administrator of General Services, and the Administrator of NTIA, shall 
conduct a study of the energy conservation implications of the 
widespread adoption of telecommuting by Federal employees in the United 
States.
  (b) Required Subjects of Study.--The study required by subsection (a) 
shall analyze the following subjects in relation to the energy saving 
potential of telecommuting by Federal employees:
          (1) Reductions of energy use and energy costs in commuting 
        and regular office heating, cooling, and other operations.
          (2) Other energy reductions accomplished by telecommuting.
          (3) Existing regulatory barriers that hamper telecommuting, 
        including barriers to broadband telecommunications services 
        deployment.
          (4) Collateral benefits to the environment, family life, and 
        other values.
  (c) Report Required.--The Secretary shall submit to the President and 
Congress a report on the study required by this section not later than 
6 months after the date of enactment of this Act. Such report shall 
include a description of the results of the analysis of each of the 
subject described in subsection (b).
  (d) Definitions.--As used in this section:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
          (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
          (3) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration of the 
        Department of Commerce.
          (4) Telecommuting.--The term ``telecommuting'' means the 
        performance of work functions using communications 
        technologies, thereby eliminating or substantially reducing the 
        need to commute to and from traditional worksites.
          (5) Federal employee.--The term ``Federal employee'' has the 
        meaning provided the term ``employee'' by section 2105 of title 
        5, United States Code.

SEC. 1607. LIHEAP REPORT.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services shall transmit to Congress a 
report on how the Low-Income Home Energy Assistance Program could be 
used more effectively to prevent loss of life from extreme 
temperatures. In preparing such report, the Secretary shall consult 
with appropriate officials in all 50 States and the District of 
Columbia.

SEC. 1608. OIL BYPASS FILTRATION TECHNOLOGY.

  The Secretary of Energy and the Administrator of the Environmental 
Protection Agency shall--
          (1) conduct a joint study of the benefits of oil bypass 
        filtration technology in reducing demand for oil and protecting 
        the environment;
          (2) examine the feasibility of using oil bypass filtration 
        technology in Federal motor vehicle fleets; and
          (3) include in such study, prior to any determination of the 
        feasibility of using oil bypass filtration technology, the 
        evaluation of products and various manufacturers.

SEC. 1609. TOTAL INTEGRATED THERMAL SYSTEMS.

  The Secretary of Energy shall--
          (1) conduct a study of the benefits of total integrated 
        thermal systems in reducing demand for oil and protecting the 
        environment; and
          (2) examine the feasibility of using total integrated thermal 
        systems in Department of Defense and other Federal motor 
        vehicle fleets.

SEC. 1610. UNIVERSITY COLLABORATION.

  Not later than 2 years after the date of enactment of this Act, the 
Secretary of Energy shall transmit to Congress a report that examines 
the feasibility of promoting collaborations between large institutions 
of higher education and small institutions of higher education through 
grants, contracts, and cooperative agreements made by the Secretary for 
energy projects. The Secretary shall also consider providing incentives 
for the inclusion of small institutions of higher education, including 
minority-serving institutions, in energy research grants, contracts, 
and cooperative agreements.

SEC. 1611. RELIABILITY AND CONSUMER PROTECTION ASSESSMENT.

  Not later than 5 years after the date of enactment of this Act, and 
each 5 years thereafter, the Federal Energy Regulatory Commission shall 
assess the effects of the exemption of electric cooperatives and 
government-owned utilities from Commission regulation under section 
201(f) of the Federal Power Act. The assessment shall include any 
effects on--
          (1) reliability of interstate electric transmission networks;
          (2) benefit to consumers, and efficiency, of competitive 
        wholesale electricity markets;
          (3) just and reasonable rates for electricity consumers; and
          (4) the ability of the Commission to protect electricity 
        consumers.
If the Commission finds that the 201(f) exemption results in adverse 
effects on consumers or electric reliability, the Commission shall make 
appropriate recommendations to Congress pursuant to section 311 of the 
Federal Power Act.

SEC. 1612. REPORT ON ENERGY INTEGRATION WITH LATIN AMERICA.

  The Secretary of Energy shall submit an annual report to the 
Committee on Energy and Commerce of the United States House of 
Representatives and to the Committee on Energy and Natural Resources of 
the United States Senate concerning the status of energy export 
development in Latin America and efforts by the Secretary and other 
departments and agencies of the United States to promote energy 
integration with Latin America. The report shall contain a detailed 
analysis of the status of energy export development in Mexico and a 
description of all significant efforts by the Secretary and other 
departments and agencies to promote a constructive relationship with 
Mexico regarding the development of that nation's energy capacity. In 
particular this report shall outline efforts the Secretary and other 
departments and agencies have made to ensure that regulatory approval 
and oversight of United States/Mexico border projects that result in 
the expansion of Mexican energy capacity are effectively coordinated 
across departments and with the Mexican government.

SEC. 1613. LOW-VOLUME GAS RESERVOIR STUDY.

  (a) Study.--The Secretary of Energy shall make a grant to an 
organization of oil and gas producing States, specifically those 
containing significant numbers of marginal oil and natural gas wells, 
for conducting an annual study of low-volume natural gas reservoirs. 
Such organization shall work with the State geologist of each State 
being studied.
  (b) Contents.--The studies under this section shall--
          (1) determine the status and location of marginal wells and 
        gas reservoirs;
          (2) gather the production information of these marginal wells 
        and reservoirs;
          (3) estimate the remaining producible reserves based on 
        variable pipeline pressures;
          (4) locate low-pressure gathering facilities and pipelines;
          (5) recommend incentives which will enable the continued 
        production of these resources;
          (6) produce maps and literature to disseminate to States to 
        promote conservation of natural gas reserves; and
          (7) evaluate the amount of natural gas that is being wasted 
        through the practice of venting or flaring of natural gas 
        produced in association with crude oil well production.
  (c) Data Analysis.--Data development and analysis under this section 
shall be performed by an institution of higher education with GIS 
capabilities. If the organization receiving the grant under subsection 
(a) does not have GIS capabilities, such organization shall contract 
with one or more entities with--
          (1) technological capabilities and resources to perform 
        advanced image processing, GIS programming, and data analysis; 
        and
          (2) the ability to--
                  (A) process remotely sensed imagery with high spatial 
                resolution;
                  (B) deploy global positioning systems;
                  (C) process and synthesize existing, variable-format 
                gas well, pipeline, gathering facility, and reservoir 
                data;
                  (D) create and query GIS databases with 
                infrastructure location and attribute information;
                  (E) write computer programs to customize relevant GIS 
                software;
                  (F) generate maps, charts, and graphs which summarize 
                findings from data research for presentation to 
                different audiences; and
                  (G) deliver data in a variety of formats, including 
                Internet Map Server for query and display, desktop 
                computer display, and access through handheld personal 
                digital assistants.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section--
          (1) $1,500,000 for fiscal year 2006; and
          (2) $450,000 for each of the fiscal years 2007 through 2010.
  (e) Definitions.--For purposes of this section, the term ``GIS'' 
means geographic information systems technology that facilitates the 
organization and management of data with a geographic component.

                          Purpose and Summary

    Daily life in America requires energy that is abundant, 
affordable and reliable. Energy is fundamental to prosperity 
and general welfare, both for this Nation and its families. 
Energy security is critical in a world of growing demand and 
regional political instability. Dependence on any single source 
of energy, especially from a foreign country, leaves America 
vulnerable to price shocks and supply shortages.
    The purpose of the H.R. 1640, ``The Energy Policy Act of 
2005'' is to promote energy conservation and increase the 
availability of energy supplies nationwide. This legislation 
makes a significant and meaningful contribution toward ensuring 
America's continued welfare and security by providing for its 
long-term energy needs.
    Energy production and environmental protection are non-
exclusive national goals. In recent decades, technological 
advances have made energy development and use more efficient 
and less environmentally harmful. Building on this trend, the 
Energy Policy Act of 2005 encourages energy production and 
demand reduction by promoting new technology, more efficient 
processes, and greater public awareness.
    The Energy Policy Act of 2005 addresses a wide range of 
issues related to energy production, generation, 
transportation, and consumption. It accelerates market 
penetration for clean coal technologies, encourages the use of 
alternative transportation fuels, changes the reformulated 
gasoline program, and promotes energy conservation and 
efficiency. The legislation also is designed to improve the 
hydropower licensing process and provide incentives to expand 
use of nuclear energy. Finally, H.R. 1640 addresses the need 
for investment in electric transmission capacity, as well as 
improvements to competitive wholesale electricity markets, 
along with a number of other attempts to modernize the 
electricity industry.

                  Background and Need for Legislation

    According to the Energy Information Administration, U.S. 
energy consumption will increasingly outpace energy production 
over the next 20 years. Total U.S. energy consumption is 
projected to grow 35% by 2025, from 98.2 quadrillion BTU to 
133.2 quadrillion BTU. Computers, electronic equipment, 
appliances, telecommunications, and transportation will account 
for the bulk of this growth. Meeting this demand requires 
combining increased energy production with more efficient use 
of existing energy supplies.
    Energy intensity, the amount of energy it takes to produce 
one dollar of gross domestic product, has steadily declined in 
the United States over the past three decades. Thus, while the 
economy has grown by 126% since 1970, energy consumption has 
increased by only 30%. These gains are largely the result of 
advances not only in technology, but also the improved 
management and application of that technology. As consumer 
choice is a driver of energy efficiency, Federal programs such 
as energy labels and Energy Star enable consumers to make 
energy-conscious purchasing decisions. Furthermore, the 
Department of Energy (DOE) established energy conservation 
standards on a variety of consumer, commercial, and industrial 
products have resulted in substantial increases in energy 
efficiency. By investing in the future and procuring energy 
efficient products, Federal and state governments promote 
energy efficiency by better managing their inherently large 
energy demands. A variety of Federal grant programs, such as 
weatherization assistance and state energy programs, have 
spurred significant progress in energy efficiency at all levels 
of government. If the Nation is to meet its energy needs in the 
coming decades, continued advances in energy efficiency and 
conservation will play a significant part.
    Nuclear energy provides 20% of the Nation's electricity. 
There are 103 operating commercial nuclear reactors in the 
United States, most of these located east of the Mississippi 
River. It has been over 25 years since the Nuclear Regulatory 
Commission (NRC) issued a license to construct a new nuclear 
power plant. As recently as a few years ago, it was thought 
that most of the existing fleet of nuclear reactors would be 
closed over the next 30 years. However, the industry has 
expressed a renewed interest in extending the licenses of 
existing nuclear plants, as well as constructing a new 
generation of advanced nuclear plants as an emission-free 
alternative to other fuels.
    According to the Energy Information Administration (EIA) 
Annual Energy Outlook 2005, the U.S. consumes over 20 million 
barrels of petroleum each day, 67% of which is used for 
transportation needs. Over the next 20 years, oil imports are 
expected to rise from a current 56% share to 68% of total 
demand; natural gas imports are expected to increase from 15% 
to 28% over the same time. The domestic petroleum refining 
industry is operating at 95% of capacity. Due to a lack of 
capacity, refined product imports are expected to grow from 
7.9% to 10.7% of total refined product by 2025. The Strategic 
Petroleum Reserve (SPR) was established in 1975 to ``diminish 
the vulnerability of the United States to the effects of a 
severe energy supply interruption, and provide limited 
protection from the short-term consequences of interruptions in 
supplies of petroleum products.'' The SPR has four sites used 
for crude oil storage, with an aggregated crude oil storage 
capacity of 727 million barrels. The Energy Policy Act of 2005 
urges the Secretary of Energy to fill the SPR up to the 1 
billion barrel level already authorized by Congress.
    Hydropower is the largest source of renewable energy in the 
U.S. and provides about 7% of the electricity consumed in the 
U.S. according to the EIA. Over the next 15 years, more than 
half of this Nation's hydroelectric power projects (roughly 
30,000 megawatts) must be relicensed. Current law gives the 
Federal resources agencies (U.S. Fish and Wildlife Service, 
U.S. Forest Service, and National Marine Fisheries Service) 
authority to impose mandatory conditions on hydroelectric power 
licenses issued by the Federal Energy Regulatory Commission 
(FERC). One of the areas identified by current and prospective 
licensees to improve the licensing process is requiring 
agencies to consider alternative conditions proposed by a 
licensee. Current law does not require agencies to consider 
alternative conditions that may be less costly (in dollars or 
energy lost) while not compromising environmental protection.
    The United States presently generates just over half of its 
total electric power by burning coal, relying largely on 
domestic resources that constitute an estimated 25% of the 
world's total recoverable reserves of coal. Coal also 
represents over 94% of the Nation's proven fossil energy 
reserves. Despite this abundance of recoverable resources and 
the Nation's historical reliance on coal for electric power 
generation, plans to build new coal-fired generation face 
obstacles. A number of factors contribute to this situation, 
including the high capital and operating costs of currently 
available clean coal technology along with uncertainty over 
future environmental requirements. The Clean Coal Technology 
Demonstration Program (CCT) has sought to address this 
situation and demonstrate the feasibility of new coal-
generation technology and processes. As of 2005, 32 CCT 
projects had been completed and an additional 3 projects were 
in process. Two of these projects are in the operation phase 
and an integrated gasification combined cycle (IGCC) project is 
in its design phase.
    Investment in electric transmission expansion has not kept 
pace with electricity demand. Moreover, transmission system 
reliability is suspect as demonstrated by the blackout that hit 
the Northeast and Midwest in August of 2003. Legislation is 
needed to address the issues of transmission capacity, 
operation, and reliability. In addition, state regulatory 
approval delays siting of new transmission lines by many years. 
Even if a project is completed, there is uncertainty as to 
whether utilities will be able to recover all of their 
investment, which hinders new transmission construction. 
Measures proposed, such as repealing the Public Utility Holding 
Company Act, would facilitate needed investment in the 
transmission sector.
    Taken together, these issues highlight the need to promote 
innovation, conservation, and new domestic energy supplies. 
Reliable sources of energy will secure millions of jobs and 
make America less dependent on the outcomes of global 
conflicts. Ultimately, a comprehensive energy policy will 
provide better security for American families and a higher 
quality of life.

                                Hearings

    The Full Committee on Energy and Commerce held a hearing 
entitled ``The Department of Energy's Fiscal Year 2006 Budget 
Proposal and the Energy Policy Act of 2005: Ensuring Jobs for 
Our Future with Secure and Reliable Energy'' on February 9, 
2005. The Committee received testimony from The Honorable 
Samuel W. Bodman, Secretary, U.S. Department of Energy.
    The Subcommittee on Energy and Air Quality held the first 
in a series of hearings on a comprehensive national energy 
policy on February 10, 2005. The Subcommittee received 
testimony from: The Honorable David K. Garman, Assistant 
Secretary, Office of Energy Efficiency and Renewable Energy, 
U.S. Department of Energy; Ms. Cynthia Marlette, General 
Counsel, Federal Energy Regulatory Commission; Mr. Luis Reyes, 
Executive Director for Operations, Nuclear Regulatory 
Commission; Mr. Guy F. Caruso, Administrator, Energy 
Information Administration; The Honorable Marilyn Showalter, 
President, National Association of Regulatory Utility 
Commissioners; The Honorable Frank H. Murkowski, Governor, 
State of Alaska; The Honorable Victor Carrillo, Chairman, 
Railroad Commission of Texas; Mr. Thomas R. Kuhn, President, 
Edison Electric Institute; Ms. Lynne H. Church, President, 
Electric Power Supply Association; Mr. Alan Richardson, 
President and CEO, American Public Power Association; Mr. Ed 
Hansen, General Manager, Snohomish County Public Utility 
District; Mr. Glenn English, CEO, National Rural Electric 
Cooperative Association; Ms. Kateri Callahan, President, 
Alliance to Save Energy; Mr. Marty Kanner, President, Kanner & 
Associates; Mr. Mark Cooper, Research Director, Consumer 
Federation of America; and Mr. Steven Nadel, Executive 
Director, American Council for an Energy-Efficient Economy.
    The Subcommittee on Energy and Air Quality held its second 
hearing on a comprehensive national energy policy on February 
16, 2005. The Subcommittee received testimony from Mr. Red 
Cavaney, President, American Petroleum Institute; Mr. Bob 
Dinneen, President and CEO, Renewable Fuels Association; Mr. 
Bob Slaughter, President, National Petrochemical & Refiners 
Association; Mr. Erik Olson, Senior Attorney, Natural Resources 
Defense Council; Mr. Lee O. Fuller, Vice President of 
Government Relations, Independent Petroleum Association of 
America; Mr. Laurence M. Downes, Chairman, American Gas 
Association; Mr. Gerald Norlander, Executive Director, Public 
Utility Law Project, National Association of State Utility 
Consumer Advocates; Mr. David Hamilton, Director, Global 
Warming and Energy Programs, Sierra Club; Mr. Donald F. Santa, 
Jr., President, Interstate Natural Gas Association; Mr. John 
Kane, Senior Vice President, Government Affairs, Nuclear Energy 
Institute; Mr. Navin Nayak, Environmental Advocate, U.S. Public 
Interest Research Group; Mr. James H. Hancock, Jr., Chair, 
Legislative Affairs Committee, National Hydropower Association; 
Mr. Andrew Fahlund, Vice President for Restoration and 
Protection, American Rivers; Mr. John E. Shelk, Senior Vice 
President, Government Affairs, National Mining Association; Mr. 
Alan Nogee, Director, Clean Energy Program, Union of Concerned 
Scientists; and, Mr. Rhone Resch, President, Solar Energy 
Industries Association.

                        Committee Consideration

    On Tuesday, April 5, 2005, Wednesday, April 6, 2005, 
Tuesday April 12, 2005, and, Wednesday April 13, 2005, the Full 
Committee met in open markup session and ordered a Committee 
Print reported to the House, as amended, by a record vote of 39 
yeas and 16 nays. A request by Mr. Barton to allow a report to 
be filed on a bill to be introduced by Mr. Barton, and that the 
actions of the Committee be deemed as actions on that bill, was 
agreed to by unanimous consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. The 
following are the recorded votes taken on amendments offered to 
the measure, including the names of those Members voting for 
and against. A motion by Mr. Barton to order the Committee 
Print reported to the House, as amended, was agreed to by a 
record vote of 39 yeas and 16 nays.


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held legislative and 
oversight hearings and made findings that are reflected in this 
report.

         Statement of General Performance Goals and Objectives

    The goal of the Energy Policy Act of 2005 is to enhance 
energy conservation and increase the supply of various energy 
sources for the American people.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1640, the Energy Policy Act of 2005, would result in no new or 
increased budget authority, entitlement authority, or tax 
expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 19, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1640, the Energy 
Policy Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Cash 
Driskill.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1640--Energy Policy Act of 2005

    Summary: H.R. 1640 would authorize funding for several 
programs aimed at energy production, conservation, and research 
and development. It would authorize the use of energy savings 
performance contracts (ESPCs), make several changes to the 
regulatory framework governing the nation's electricity system, 
reauthorize the Low-Income Home Energy Assistance Program 
(LIHEAP), and establish a program for hydrogen and other 
alternative fuel-powered cars.
    Most of the bill's estimated costs would stem from changes 
in spending subject to appropriation. We estimate that 
implementing H.R. 1640 would cost $5.4 billion in 2006, and 
$33.5 billion over the 2006-2010 period, assuming appropriation 
of the necessary amounts.
    CBO estimates that enacting H.R. 1640 also would increase 
direct spending by $159 million in 2006, by $1.2 billion over 
the 2006-2010 period, and by $1.7 billion over the 2006-2015 
period. CBO estimates that enacting the bill would increase 
revenues by $38 million in 2006, by $190 million over the 2006-
2010 period, and by $380 million over the 2006-2015 period.
    H.R. 1640 contains numerous mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) that would affect both 
intergovernmental and private-sector entities. Based on its 
review of the bill, CBO expects that the mandates (new 
requirements, limits on existing rights, and preemptions) 
contained in the bill's titles on motor fuels (title XV), 
nuclear energy (title VI), electricity (title XII), and energy 
efficiency (title I) would have the greatest impact on state 
and local governments and private-sector entities.
    CBO estimates that the cost of complying with 
intergovernmental mandates, in aggregate, could be significant 
and likely would exceed the threshold established in UMRA ($62 
million in 2005, adjusted annually for inflation) at some point 
over the next five years because we expect that future damage 
awards for state and local governments under the bill's safe 
harbor provision would likely be reduced. That provision would 
shield manufacturers of motor fuels and other persons from 
liability for claims based on defective product relating to 
motor fuels containing methyl tertiary butyl ether or renewable 
fuel.
    CBO cannot determine whether the aggregate cost of the 
private-sector mandates in the bill would exceed the threshold 
established in UMRA primarily for two reasons. First, some of 
the requirements established by the bill would hinge on future 
regulatory action, about which information is not available. 
Second, UMRA does not specify whether CBO should measure the 
cost of extending a mandate relative to the mandate's current 
costs or assume that the mandate will expire and measure the 
costs of the mandate's extension as if the requirement were 
new. The bill would extend the existing mandate that requires 
licensees to pay fees to offset roughly 90 percent of the 
Nuclear Regulatory Commission's (NRC's) annual appropriation. 
Measured against the costs that would be incurred if current 
law remains in place, the cost to the private sector of 
extending this mandate would exceed the annual threshold 
established in UMRA ($123 million in 2005, adjusted annually 
for inflation).
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 1640 is shown in Table 1. The costs of 
this legislation fall within budget functions 270 (energy), 300 
(natural resources and environment), 350 (agriculture), and 800 
(general government).

                                TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 1640
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................   11,256   11,723    6,759    6,224    5,756
Estimated Outlays..................................................    5,359    8,551    6,956    6,466    6,130

                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authority.........................................      214      450      300      150      100
Estimated Outlays..................................................      159      378      343      160      120

                                               CHANGES IN REVENUES

Estimated Revenues.................................................       38       38       38       38       38
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: For this estimate, CBO assumes that H.R. 
1640 will be enacted near the end of fiscal year 2005. 
Additionally, CBO assumes that the full estimated amounts will 
be appropriated for each year and that spending will follow 
historical rates for ongoing activities. Table 2 details the 
components of estimated spending subject to appropriation under 
H.R. 1640. (Table 3, provided later, details the bill's direct 
spending effects.)

                  TABLE 2.--ESTIMATED EFFECTS ON H.R. 1640 ON SPENDING SUBJECT TO APPROPRIATION
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2005     2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Discretionary Spending Under Current Law:
    Authorization Level \1\...............................    4,604        0        0        0        0        0
    Estimated Outlays.....................................    4,104    1,736      434       91       29       29
Proposed Changes:
    Specified Authorization Level.........................        0   10,890   11,302    6,311    5,893    5,367
    Estimated Outlays.....................................        0    5,140    8,228    6,629    6,107    5,729
    Estimated Authorizations:
        Energy Conservation Measures (Title I):
            Estimated Authorization Level.................        0       74       95       88       72       72
            Estimated Outlays.............................        0       61       95       88       73       72
        Renewable Energy Production Incentive (Title II):
            Estimated Authorization Level.................        0      100       23       13        8       27
            Estimated Outlays.............................        0       70       46       16       10       21
        Loan Guarantees for Coal Projects (Title IV):
            Estimated Authorization Level.................        0        1      125      125       75       75
            Estimated Outlays.............................        0        1       10       30       64      105
        Energy Development on Indian Land (Title V):
            Estimated Authorization Level.................        0       83       98       93       83       73
            Estimated Outlays.............................        0       31       63       90       94       86
        Nuclear Energy Provisions (Title VI):
            Estimated Authorization Level.................        0       45       71       71       86       86
            Estimated Outlays.............................        0       42       72       71       86       86
        Loan Guarantees for Ethanol Production (Title XV):
            Estimated Authorization Level.................        0       50        0       50        0       50
            Estimated Outlays.............................        0        5       25       25       25       25
        Other Provisions:
            Estimated Authorization Level.................        0       13        9        8        8        7
            Estimated Outlays.............................        0       10       12        8        8        7
        Subtotal, Estimated Authorizations:
            Estimated Authorization Level.................        0      366      421      448      331      389
            Estimated Outlays.............................        0      219      323      327      359      402
    Total Proposed Changes:
        Estimated Authorization Level.....................        0   11,256   11,723    6,759    6,224    5,756
        Estimated Outlays.................................        0    5,359    8,551    6,956    6,466    6,130
Discretionary Spending Under H.R. 1640:
    Estimated Authorization Level.........................    4,604   11,256   11,723    6,759    6,224    5,756
    Estimated Outlays.....................................    4,104    7,095    8,985    7,047    6,495    6,159
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 amount is the sum appropriated for that year for energy research and development programs and for
  LIHEAP.

Spending subject to appropriation--overview

    H.R. 1640 contains several provisions that specify amounts 
authorized to be appropriated for the Low-Income Home Energy 
Assistance Program (LIHEAP), energy research and development 
programs, and energy conservation. Additionally, the bill would 
authorize unspecified amounts to be appropriated for incentives 
to use renewable energy, loan guarantees for certain types of 
energy facilities, and several other energy programs, studies, 
and reports. Assuming appropriation of the necessary amounts, 
CBO estimates that implementing these provisions would cost 
$5.4 billion in 2006 and $33.5 billion over the 2006-2010 
period. The following two sections detail the costs of 
specified and estimated authorizations. (A discussion of direct 
spending and revenue effects follows the next two sections.)

Spending subject to appropriation: specified authorizations

    CBO estimates that implementing the bill's programs with 
specified authorizations would cost about $32 billion over the 
2006-2010 period. That estimate assumes that all amounts 
authorized to be app