[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2358 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2358

To authorize appropriations for environmental research and development, 
  scientific and energy research, development, and demonstration, and 
    commercial application of energy technology bioenergy programs, 
  projects, and activities of the Department of Energy, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

   Mr. Bartlett of Maryland (for himself, Mr. Udall of Colorado, Mr. 
 Boehlert, Ms. Jackson-Lee of Texas, Mr. Smith of Texas, Mr. Smith of 
    Michigan, Mrs. Morella, Mr. Ehlers, Mr. Delahunt, and Mr. Wamp) 
 introduced the following bill; which was referred to the Committee on 
                                Science

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for environmental research and development, 
  scientific and energy research, development, and demonstration, and 
    commercial application of energy technology bioenergy programs, 
  projects, and activities of the Department of Energy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bioenergy Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that bioenergy has potential to help--
            (1) meet the Nation's energy needs;
            (2) reduce reliance on imported fuels;
            (3) promote rural economic development;
            (4) provide for productive utilization of agricultural 
        residues and waste materials; and
            (5) protect the environment.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Science and the Committee on 
                Appropriations of the House of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                and the Committee on Appropriations of the Senate;
            (2) the term ``biofuels'' includes production of industrial 
        chemicals;
            (3) the term ``Department'' means the Department of Energy; 
        and
            (4) the term ``Secretary'' means the Secretary of Energy.

SEC. 4. AUTHORIZATION.

    The Secretary is authorized to conduct environmental research and 
development, scientific and energy research, development, and 
demonstration, and commercial application of energy technology 
programs, projects, and activities related to bioenergy, including 
biopower energy systems, biofuels energy systems, and integrated 
bioenergy research and development (including biofuels).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Biopower Energy Systems.--There are authorized to be 
appropriated to the Secretary for Biopower Energy Systems programs, 
projects, and activities for which specific sums are not authorized 
under other authority of law--
            (1) $45,700,000 for fiscal year 2002;
            (2) $52,500,000 for fiscal year 2003;
            (3) $60,300,000 for fiscal year 2004;
            (4) $69,300,000 for fiscal year 2005; and
            (5) $79,600,000 for fiscal year 2006.
    (b) Biofuels Energy Systems.--There are authorized to be 
appropriated to the Secretary for biofuels energy systems programs, 
projects, and activities for which specific sums are not authorized 
under other authority of law--
            (1) $53,500,000 for fiscal year 2002;
            (2) $61,400,000 for fiscal year 2003;
            (3) $70,600,000 for fiscal year 2004;
            (4) $81,100,000 for fiscal year 2005; and
            (5) $93,200,000 for fiscal year 2006.
    (c) Integrated Bioenergy Research and Development.--There are 
authorized to be appropriated to the Secretary for integrated bioenergy 
research and development (including biofuels) programs, projects, and 
activities for which specific sums are not authorized under other 
authority of law, $49,000,000 for each of the fiscal years 2002 through 
2006. Activities funded under this subsection shall be coordinated with 
ongoing related programs of other Federal agencies.

SEC. 6. LIMITS ON USE OF FUNDS.

    (a) Federal Acquisition Regulation.--
            (1) Requirement.--None of the funds authorized to be 
        appropriated by this Act may be used to award, amend, or modify 
        a contract of the Department in a manner that deviates from the 
        Federal Acquisition Regulation, unless the Secretary grants, on 
        a case-by-case basis, a waiver to allow for such a deviation. 
        The Secretary may not delegate the authority to grant such a 
        waiver.
            (2) Congressional notice.--At least 60 days before a 
        contract award, amendment, or modification for which the 
        Secretary intends to grant such a waiver, the Secretary shall 
        submit to the appropriate congressional committees a report 
        notifying the committees of the waiver and setting forth the 
        reasons for the waiver.
    (b) Production or Provision of Articles or Services.--None of the 
funds authorized to be appropriated by this Act may be used to produce 
or provide articles or services for the purpose of selling the articles 
or services to a person outside the Federal Government, unless the 
Secretary determines that comparable articles or services are not 
available from a commercial source in the United States.
    (c) Requests for Proposals.--None of the funds authorized to be 
appropriated by this Act may be used by the Department to prepare or 
initiate Requests for Proposals for a program, project, or activity if 
the program, project, or activity has not been specifically authorized 
by Congress.
    (d) Trade Associations.--None of the funds authorized to be 
appropriated by this Act may be used either directly or indirectly to 
fund a grant, contract, subcontract, or any other form of financial 
assistance awarded by the Department to a trade association on a 
noncompetitive basis.

SEC. 7. COST SHARING.

    (a) Research and Development.--The Secretary shall require, for 
research and development programs, projects, and activities carried out 
by industry under this Act, a commitment from non-Federal sources of at 
least 20 percent of the cost of such programs, projects, and 
activities.
    (b) Demonstration and Commercial Application.--The Secretary shall 
require a commitment from non-Federal sources of at least 50 percent of 
the cost of any demonstration or commercial application program, 
project, or activity conducted under this Act.

SEC. 8. LIMITATION ON DEMONSTRATIONS AND COMMERCIAL APPLICATIONS OF 
              ENERGY TECHNOLOGY.

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