[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2460 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2460

To authorize appropriations for environmental research and development, 
  scientific and energy research, development, and demonstration, and 
  commercial application of energy technology programs, projects, and 
  activities of the Department of Energy and of the Office of Air and 
    Radiation of the Environmental Protection Agency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2001

 Mr. Boehlert introduced the following bill; which was referred to the 
                          Committee on Science

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for environmental research and development, 
  scientific and energy research, development, and demonstration, and 
  commercial application of energy technology programs, projects, and 
  activities of the Department of Energy and of the Office of Air and 
    Radiation of the Environmental Protection Agency, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Energy Research and Technology Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Goals.
Sec. 5. Definitions.
Sec. 6. Authorizations.
Sec. 7. Sense of Congress.
           TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY

                 Subtitle A--Alternative Fuel Vehicles

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Pilot program.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
                Subtitle B--Distributed Energy Resources

Sec. 121. Distributed energy resources research, development, 
                            demonstration, and commercial application.
Sec. 122. Program plan.
Sec. 123. Report.
    Subtitle C--Department of Energy Authorization of Appropriations

Sec. 131. Authorization of appropriations.
Subtitle D--Environmental Protection Agency Office of Air and Radiation 
                    Authorization of Appropriations

Sec. 141. Short title.
Sec. 142. Authorization of appropriations.
Sec. 143. Limits on use of funds.
Sec. 144. Cost sharing.
Sec. 145. Limitation on demonstration and commercial applications of 
                            energy technology.
Sec. 146. Reprogramming.
Sec. 147. Budget request format.
Sec. 148. Other provisions.
                       TITLE II--RENEWABLE ENERGY

                          Subtitle A--Hydrogen

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Reports to Congress.
Sec. 205. Hydrogen research and development.
Sec. 206. Demonstrations.
Sec. 207. Technology transfer.
Sec. 208. Coordination and consultation.
Sec. 209. Advisory committee.
Sec. 210. Authorization of appropriations.
Sec. 211. Repeal.
                         Subtitle B--Bioenergy

Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Definition.
Sec. 224. Authorization.
Sec. 225. Authorization of appropriations.
    Subtitle C--Department of Energy Authorization of Appropriations

Sec. 241. Authorization of appropriations.
                       TITLE III--NUCLEAR ENERGY

         Subtitle A--University Nuclear Science and Engineering

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Department of Energy program.
Sec. 304. Authorization of appropriations.
 Subtitle B--Spent Nuclear Fuel and Fuel Cycle Research, Development, 
                           and Demonstration

Sec. 321. Office of Spent Nuclear Fuel Research.
Sec. 322. Advanced fuel recycling technology research and development 
                            program.
    Subtitle C--Department of Energy Authorization of Appropriations

Sec. 341. Nuclear Energy Research Initiative.
Sec. 342. Nuclear Energy Plant Optimization program.
Sec. 343. Nuclear energy technologies.
Sec. 344. Authorization of appropriations.
                        TITLE IV--FOSSIL ENERGY

                         Subtitle A--Clean Coal

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definition.
Sec. 404. Clean Coal Power Initiative.
Sec. 405. Authorization of appropriations.
Sec. 406. Limit on use of funds.
                        Subtitle B--Oil and Gas

Sec. 421. Petroleum-oil technology.
Sec. 422. Gas.
Sec. 423. Unconventional and ultra-deepwater natural gas and petroleum.
                         Subtitle C--Fuel Cells

Sec. 441. Fuel cells.
              Subtitle D--Authorization of Appropriations

Sec. 461. Authorization of appropriations.
                            TITLE V--SCIENCE

                   Subtitle A--Fusion Energy Sciences

Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Plan for fusion experiment.
Sec. 504. Plan for Fusion Energy Sciences Program.
Sec. 505. Authorization of appropriations.
                 Subtitle B--Spallation Neutron Source

Sec. 521. Definition.
Sec. 522. Authorization of appropriations.
Sec. 523. Report.
Sec. 524. Limitations.
      Subtitle C--Facilities, Infrastructure, and User Facilities

Sec. 541. Definition.
Sec. 542. Facility and infrastructure support for nonmilitary energy 
                            laboratories.
Sec. 543. User facilities.
            Subtitle D--Advisory Panel on Office of Science

Sec. 561. Establishment.
Sec. 562. Report.
    Subtitle E--Department of Energy Authorization of Appropriations

Sec. 581. Authorization of appropriations.
                        TITLE VI--MISCELLANEOUS

      Subtitle A--General Provisions for the Department of Energy

Sec. 601. Research, development, demonstration, and commercial 
                            application of energy technology programs, 
                            projects, and activities.
Sec. 602. Limits on use of funds.
Sec. 603. Cost sharing.
Sec. 604. Limitation on demonstration and commercial application of 
                            energy technology.
Sec. 605. Reprogramming.
               Subtitle B--Other Miscellaneous Provisions

Sec. 611. Notice of reorganization.
Sec. 612. Limits on general plant projects.
Sec. 613. Limits on construction projects.
Sec. 614. Authority for conceptual and construction design.
Sec. 615. National Energy Policy Development Group mandated reports.
Sec. 616. Independent reviews and assessments.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Nation's prosperity and way of life are sustained 
        by energy use;
            (2) the growing imbalance between domestic energy 
        production and consumption means that the Nation is becoming 
        increasingly reliant on imported energy, which has the 
        potential to undermine the Nation's economy, standard of 
        living, and national security;
            (3) energy conservation and energy efficiency help maximize 
        the use of available energy resources, reduce energy shortages, 
        lower the Nation's reliance on energy imports, mitigate the 
        impacts of high energy prices, and help protect the environment 
        and public health;
            (4) development of a balanced portfolio of domestic energy 
        supplies will ensure that future generations of Americans will 
        have access to the energy they need;
            (5) energy efficiency technologies, renewable and 
        alternative energy technologies, and advanced energy systems 
technologies will help diversify the Nation's energy portfolio with few 
adverse environmental impacts and are vital to delivering clean energy 
to fuel the Nation's economic growth;
            (6) development of reliable, affordable, and 
        environmentally sound energy efficiency technologies, renewable 
        and alternative energy technologies, and advanced energy 
        systems technologies will require maintenance of a vibrant 
        fundamental scientific knowledge base and continued scientific 
        and technological innovations that can be accelerated by 
        Federal funding, whereas commercial deployment of such systems 
        and technologies are the responsibility of the private sector;
            (7) Federal funding should focus on those programs, 
        projects, and activities that are long-term, high-risk, 
        noncommercial, and well-managed, and that provide the potential 
        for scientific and technological advances; and
            (8) public-private partnerships should be encouraged to 
        leverage scarce taxpayer dollars.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) protect and strengthen the Nation's economy, standard 
        of living, and national security by reducing dependence on 
        imported energy;
            (2) meet future needs for energy services at the lowest 
        total cost to the Nation, including environmental costs, giving 
        balanced and comprehensive consideration to technologies that 
        improve the efficiency of energy end uses and that enhance 
        energy supply;
            (3) reduce the air, water, and other environmental impacts 
        (including emissions of greenhouse gases) of energy production, 
        distribution, transportation, and use through the development 
        of environmentally sustainable energy systems;
            (4) consider the comparative environmental impacts of the 
        energy saved or produced by specific programs, projects, or 
        activities;
            (5) maintain the technological competitiveness of the 
        United States and stimulate economic growth through the 
        development of advanced energy systems and technologies;
            (6) foster international cooperation by developing 
        international markets for domestically produced sustainable 
        energy technologies, and by transferring environmentally sound, 
        advanced energy systems and technologies to developing 
        countries to promote sustainable development;
            (7) provide sufficient funding of programs, projects, and 
        activities that are performance-based and modeled as public-
        private partnerships, as appropriate; and
            (8) enhance the contribution of a given program, project, 
        or activity to fundamental scientific knowledge.

SEC. 4. GOALS.

    (a) In General.--The Secretary shall perform an assessment that 
establishes cost and performance-based goals, as appropriate, for 2005, 
2010, 2015, and 2020 for each of the programs, projects, and activities 
authorized by this Act that would enable each such program, project, or 
activity to meet to the purposes of this Act under section 3. Such 
assessment shall be based on the latest scientific and technical 
knowledge, and shall also take into consideration, as appropriate, the 
comparative environmental impacts (including emissions of greenhouse 
gases) of the energy saved or produced by specific programs, projects, 
and activities.
    (b) Consultation.--In establishing the cost and performance-based 
goals under subsection (a), the Secretary shall consult with the 
private sector, institutions of higher learning, national laboratories, 
environmental organizations, professional and technical societies, and 
any other persons as the Secretary considers appropriate.
    (c) Schedule.--The Secretary shall--
            (1) not later than 120 days after the date of the enactment 
        of this Act, issue and publish in the Federal Register a set of 
        draft cost and performance-based goals for public comment;
            (2) not later than 180 days after the date of the enactment 
        of this Act, after taking into consideration any public 
        comments received, transmit to Congress and publish in the 
        Federal Register the final cost and performance-based goals; 
        and
            (3) update all such cost and performance-based goals on a 
        biennial basis.

SEC. 5. DEFINITIONS.

    For purposes of this Act, except as otherwise provided--
            (1) the term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency;
            (2) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Science and the Committee on 
                Appropriations of the House of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                and the Committee on Appropriations of the Senate;
            (3) the term ``Department'' means the Department of Energy; 
        and
            (4) the term ``Secretary'' means the Secretary of Energy.

SEC. 6. AUTHORIZATIONS.

    Authorizations of appropriations under this Act are for 
environmental research and development, scientific and energy research, 
development, and demonstration, and commercial application of energy 
technology programs, projects, and activities.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of the Congress that the balance of funding 
priorities among the various programs authorized by this Act should 
remain as provided in this Act, regardless of the total amount of 
funding made available for this Act.

           TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY

                 Subtitle A--Alternative Fuel Vehicles

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Alternative Fuel Vehicle 
Acceleration Act of 2001''.

SEC. 102. DEFINITIONS.

    For the purposes of this subtitle, the following definitions apply:
            (1) Alternative fuel vehicle.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``alternative fuel vehicle'' means a 
                motor vehicle that is powered--
                            (i) in whole or in part by electricity, 
                        including electricity supplied by a fuel cell;
                            (ii) by liquefied natural gas;
                            (iii) by compressed natural gas;
                            (iv) by liquefied petroleum gas;
                            (v) by hydrogen; or
                            (vi) by methanol at no less than 85 percent 
                        by volume.
                    (B) Exclusions.--The term ``alternative fuel 
                vehicle'' does not include--
                            (i) any vehicle designed to operate solely 
                        on gasoline or diesel derived from fossil 
                        fuels, regardless of whether it can also be 
                        operated on an alternative fuel; or
                            (ii) any vehicle that the Secretary 
                        determines, by rule, does not yield substantial 
                        environmental benefits over a vehicle operating 
                        solely on gasoline or diesel derived from 
                        fossil fuels.
            (2) Pilot program.--The term ``pilot program'' means the 
        competitive grant program established under section 103.

SEC. 103. PILOT PROGRAM.

    (a) Establishment.--The Secretary shall establish an alternative 
fuel vehicle energy demonstration and commercial application of energy 
technology competitive grant pilot program to provide not more than 15 
grants to State governments, local governments, or metropolitan 
transportation authorities to carry out a project or projects for the 
purposes described in subsection (b).
    (b) Grant Purposes.--Grants under this section may be used for the 
following purposes:
            (1) The acquisition of alternative fuel vehicles, 
        including--
                    (A) passenger vehicles;
                    (B) buses used for public transportation or 
                transportation to and from schools;
                    (C) delivery vehicles for goods or services;
                    (D) ground support vehicles at public airports, 
                including vehicles to carry baggage or push airplanes 
                away from terminal gates; and
                    (E) motorized two-wheel bicycles, scooters, or 
                other vehicles for use by law enforcement personnel or 
                other State or local government or metropolitan 
                transportation authority employees.
            (2) Infrastructure necessary to directly support a project 
        funded by the grant, including fueling and other support 
        equipment.
            (3) Operation and maintenance of vehicles, infrastructure, 
        and equipment acquired as part of a project funded by the 
        grant.
    (c) Applications.--
            (1) Requirements.--The Secretary shall issue requirements 
        for applying for grants under the pilot program. At a minimum, 
        the Secretary shall require that applications be submitted by 
        the head of a State or local government or a metropolitan 
        transportation authority, or any combination thereof, and shall 
        include--
                    (A) at least one project to enable passengers or 
                goods to be transferred directly from one alternative 
                fuel vehicle to another in a linked transportation 
                system;
                    (B) a description of the projects proposed in the 
                application, including how they meet the requirements 
                of this subtitle;
                    (C) an estimate of the ridership or degree of use 
                of the projects proposed in the application;
                    (D) an estimate of the air pollution emissions 
                reduced and fossil fuel displaced as a result of the 
                projects proposed in the application, and a plan to 
                collect and disseminate environmental data, related to 
                the projects to be funded under the grant, over the 
                life of the projects;
                    (E) a description of how the projects proposed in 
                the application will be sustainable without Federal 
                assistance after the completion of the term of the 
                grant;
                    (F) a complete description of the costs of each 
                project proposed in the application, including 
                acquisition, construction, operation, and maintenance 
                costs over the expected life of the project; and
                    (G) a description of which costs of the projects 
                proposed in the application will be supported by 
                Federal assistance under this subtitle.
            (2) Partners.--An applicant under paragraph (1) may carry 
        out projects under the pilot program in partnership with public 
        and private entities.
    (d) Selection Criteria.--In evaluating applications under the pilot 
program, the Secretary shall consider each applicant's previous 
experience involving alternative fuel vehicles and shall give priority 
consideration to applications that--
            (1) are most likely to maximize protection of the 
        environment;
            (2) demonstrate the greatest commitment on the part of the 
        applicant to ensure funding for the proposed projects and the 
        greatest likelihood that each project proposed in the 
        application will be maintained or expanded after Federal 
        assistance under this subtitle is completed; and
            (3) exceed the minimum requirements of subsection 
        (c)(1)(A).
    (e) Pilot Project Requirements.--
            (1) Maximum amount.--The Secretary shall not provide more 
        than $20,000,000 in Federal assistance under the pilot program 
        to any applicant.
            (2) Cost sharing.--The Secretary shall not provide more 
        than 50 percent of the cost, incurred during the period of the 
        grant, of any project under the pilot program.
            (3) Maximum period of grants.--The Secretary shall not fund 
        any applicant under the pilot program for more than 5 years.
            (4) Deployment and distribution.--The Secretary shall seek 
        to the maximum extent practicable to achieve nationwide 
        deployment of alternative fuel vehicles through the pilot 
        program, and shall ensure a broad geographic distribution of 
        project sites.
            (5) Transfer of information and knowledge.--The Secretary 
        shall establish mechanisms to ensure that the information and 
        knowledge gained by participants in the pilot program are 
        transferred among the pilot program participants and to other 
        interested parties, including other applicants that submitted 
        applications.
    (f) Schedule.--
            (1) Publication.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register, Commerce Business Daily, and elsewhere as 
        appropriate, a request for applications to undertake projects 
        under the pilot program. Applications shall be due within 180 
        days of the publication of the notice.
            (2) Selection.--Not later than 180 days after the date by 
        which applications for grants are due, the Secretary shall 
        select by competitive, peer review all applications for 
        projects to be awarded a grant under the pilot program.

SEC. 104. REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 60 days after the date grants 
are awarded under this subtitle, the Secretary shall transmit to the 
Committee on Science of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a report containing--
            (1) an identification of the grant recipients and a 
        description of the projects to be funded;
            (2) an identification of other applicants that submitted 
        applications for the pilot program; and
            (3) a description of the mechanisms used by the Secretary 
        to ensure that the information and knowledge gained by 
        participants in the pilot program are transferred among the 
        pilot program participants and to other interested parties, 
        including other applicants that submitted applications.
    (b) Evaluation.--Not later than 3 years after the date of enactment 
of this Act, and annually thereafter until the pilot program ends, the 
Secretary shall transmit to the Committee on Science of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report containing an evaluation of the effectiveness of 
the pilot program, including an assessment of the benefits to the 
environment derived from the projects included in the pilot program as 
well as an estimate of the potential benefits to the environment to be 
derived from widespread application of alternative fuel vehicles.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

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

                Subtitle B--Distributed Energy Resources

SEC. 121. DISTRIBUTED ENERGY RESOURCES RESEARCH, DEVELOPMENT, 
              DEMONSTRATION, AND COMMERCIAL APPLICATION.

    (a) In General.--The Secretary shall develop and implement a 
comprehensive and cooperative research, development, demonstration, and 
commercial application program to ensure the reliability, efficiency, 
and environmental responsibility of distributed energy resources. Such 
program shall include advanced energy technologies and systems, 
advanced grid reliability technologies development, and technology 
transfer and education.
    (b) Areas.--(1) In carrying out this subtitle, the Secretary shall 
consider research, development, and demonstration on and commercial 
application of distributed energy resources, advanced systems 
development, and advanced electrical grid reliability for each of the 
following:
            (A) Significant advancement in efficiency for distributed 
        energy resources technologies.
            (B) Significant advancement in efficiency for thermally 
        activated technologies.
            (C) Significant advancement in reduction of environmental 
        impact by deploying pollution prevention enabling technologies
    (2) The program should include the following areas:
            (A) Integration of the following technologies into 
        distributed energy resources systems:
                    (i) Renewable energy resources, including 
                bioenergy, geothermal, solar, and wind.
                    (ii) Fuel cells.
                    (iii) Combined heat and power systems.
                    (iv) Microturbines.
                    (v) Advanced natural gas turbines.
                    (vi) Advanced internal combustion engine 
                generators.
                    (vii) Energy storage devices.
                    (viii) Any other technologies, as appropriate.
            (B) Interconnection standards, protocols, and equipment.
            (C) Ancillary equipment for dispatch and control.

SEC. 122. PROGRAM PLAN.

    Within 120 days after the date of the enactment of this Act, the 
Secretary, in consultation with other appropriate Federal agencies, 
shall prepare and transmit to Congress a 5-year program plan to guide 
activities under this subtitle. In preparing the program plan, the 
Secretary shall consult with appropriate representatives of the 
distributed energy resources industry to select and prioritize 
appropriate project proposals. The Secretary may also seek the advice 
of utilities, energy services providers, manufacturers, institutions of 
higher learning, other appropriate State and local agencies, 
environmental organizations, professional and technical societies, and 
any other persons as the Secretary considers appropriate. In order to 
ensure that technologies are readily adopted by private entities, the 
Secretary shall create cost-sharing programs with private entities.

SEC. 123. REPORT.

    Two years after the date of the enactment of this Act, and at two 
year intervals thereafter, the Secretary, jointly with other 
appropriate Federal agencies, shall transmit a report to Congress 
describing the progress made to achieve the purposes of this subtitle 
and identifying any additional resources needed to continue the 
development and commercial application of distributed energy resources.

    Subtitle C--Department of Energy Authorization of Appropriations

SEC. 131. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operation and Maintenance.--In addition to amounts authorized 
to be appropriated under section 105 and under subtitle E, there are 
authorized to be appropriated to the Secretary for subtitle B and for 
Energy Conservation operation and maintenance (including Building 
Technology, State and Community Sector, Industry Sector, Transportation 
Sector, Power Technologies, and Policy and Management) $600,000,000 for 
fiscal year 2002, $700,000,000 for fiscal year 2003, and $800,000,000 
for fiscal year 2004, to remain available until expended.
    (b) Limits on Use of Funds.--None of the funds authorized to be 
appropriated in subsection (a) may be used for--
            (1) Building Technology, State and Community Sector--
                    (A) Residential Building Energy Codes;
                    (B) Commercial Building Energy Codes;
                    (C) Lighting and Appliance Standards;
                    (D) Weatherization Assistance Program; or
                    (E) State Energy Program; or
            (2) Federal Energy Management Program.

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

SEC. 141. SHORT TITLE.

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

SEC. 142. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator for 
the Office of Air and Radiation $156,700,000 for fiscal year 2002, 
$163,000,000 for fiscal year 2003, and $169,400,000 for fiscal year 
2004 to remain available until expended, of which--
            (1) $28,300,000 for fiscal year 2002, $29,400,000 for 
        fiscal year 2003, and $30,600,000 for fiscal year 2004 shall be 
        for Science; and
            (2) $128,400,000 for fiscal year 2002, $133,600,000 for 
        fiscal year 2003, and $138,800,000 for fiscal year 2004 shall 
        be for Climate Change Protection Programs, of which--
                    (A) $52,700,000 for fiscal year 2002, $54,800,000 
                for fiscal year 2003, and $57,000,000 for fiscal year 
                2004 shall be for Buildings;
                    (B) $32,400,000 for fiscal year 2002, $33,700,000 
                for fiscal year 2003, and $35,000,000 for fiscal year 
                2004 shall be for Transportation;
                    (C) $32,000,000 for fiscal year 2002, $33,300,000 
                for fiscal year 2003, and $34,600,000 for fiscal year 
                2004 shall be for Industry;
                    (D) $1,700,000 for fiscal year 2002, $1,750,000 for 
                fiscal year 2003, and $1,800,000 for fiscal year 2004 
                shall be for Carbon Removal;
                    (E) $2,500,000 for fiscal year 2002, $2,600,000 for 
                fiscal year 2003, and $1,800,000 for fiscal year 2004 
                shall be for State and Local Climate;
                    (F) $6,300,000 for fiscal year 2002, $6,600,000 for 
                fiscal year 2003, and $6,800,000 for fiscal year 2004 
                shall be for International Capacity Building; and
                    (G) $800,000 for fiscal year 2002, $850,000 for 
                fiscal year 2003, and $900,000 for fiscal year 2004 
                shall be for Technical Cooperation with Industrial and 
                Developing Countries.

SEC. 143. LIMITS ON USE OF FUNDS.

    (a) Federal Acquisition Regulation.--
            (1) Requirement.--None of the funds authorized to be 
        appropriated by this subtitle may be used to award, amend, or 
        modify a contract of the Office of Air and Radiation in a 
        manner that deviates from the Federal Acquisition Regulation, 
        unless the Administrator grants, on a case-by-case basis, a 
        waiver to allow for such a deviation. The Administrator may not 
        delegate the authority to grant such a waiver.
            (2) Congressional notice.--At least 60 days before a 
        contract award, amendment, or modification for which the 
        Administrator intends to grant such a waiver, the Administrator 
        shall submit to the appropriate congressional committees a 
        report notifying the committees of the waiver and setting forth 
        the reasons for the waiver.
    (b) Production or Provision of Articles or Services.--None of the 
funds authorized to be appropriated by this subtitle may be used to 
produce or provide articles or services for the purpose of selling the 
articles or services to a person outside the Federal Government, unless 
the Administrator determines that comparable articles or services are 
not available from a commercial source in the United States.
    (c) Requests for Proposals.--None of the funds authorized to be 
appropriated by this subtitle may be used by the Environmental 
Protection Agency to prepare or initiate Requests for Proposals for a 
program, project, or activity if the program, project, or activity has 
not been specifically authorized by Congress.
    (d) Trade Associations.--None of the funds authorized to be 
appropriated by this subtitle may be used either directly or indirectly 
to fund a grant, contract, subcontract, or any other form of financial 
assistance awarded by the Environmental Protection Agency to a trade 
association on a noncompetitive basis. As part of the Environmental 
Protection Agency's annual budget request submission to the Congress, 
the Administrator shall submit a report to the appropriate 
congressional committees that identifies--
            (1) the estimated amount of funds provided by the 
        Environmental Protection Agency to trade associations, by trade 
        association, for the fiscal year of such budget submission, as 
        well as for the 2 previous fiscal years;
            (2) the services either provided or to be provided by each 
        such trade association; and
            (3) the sources of funds for services provided by each such 
        trade association.

SEC. 144. COST SHARING.

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

SEC. 145. LIMITATION ON DEMONSTRATION AND COMMERCIAL APPLICATIONS OF 
              ENERGY TECHNOLOGY.

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

SEC. 146. REPROGRAMMING.

    (a) Authority.--The Administrator may use amounts appropriated 
under this subtitle for a program, project, or activity other than the 
program, project, or activity for which such amounts were appropriated 
only if--
            (1) the Administrator has transmitted to the appropriate 
        congressional committees a report described in subsection (b) 
        and a period of 30 days has elapsed after such committees 
        receive the report;
            (2) amounts used for the program, project, or activity do 
        not exceed--
                    (A) 105 percent of the amount authorized for the 
                program, project, or activity; or
                    (B) $250,000 more than the amount authorized for 
                the program, project, or activity,
        whichever is less; and
            (3) the program, project, or activity has been presented 
        to, or requested of, the Congress by the Administrator.
    (b) Report.--(1) The report referred to in subsection (a) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support of 
the proposed action.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated pursuant to this subtitle exceed the total amount authorized 
to be appropriated by this subtitle.
    (2) Funds appropriated pursuant to this subtitle may not be used 
for an item for which Congress has declined to authorize funds.

SEC. 147. BUDGET REQUEST FORMAT.

    The Administrator shall provide to the appropriate congressional 
committees, to be transmitted at the same time as the Environmental 
Protection Agency's annual budget request submission, a detailed 
justification for budget authorization for the programs, projects, and 
activities for which funds are authorized by this subtitle. Each such 
document shall include, for the fiscal year for which funding is being 
requested and for the 2 previous fiscal years--
            (1) a description of, and funding requested or allocated 
        for, each such program, project, or activity;
            (2) an identification of all recipients of funds to conduct 
        such programs, projects, and activities; and
            (3) an estimate of the amounts to be expended by each 
        recipient of funds identified under paragraph (2).

SEC. 148. OTHER PROVISIONS.

    (a) Annual Operating Plan and Reports.--The Administrator shall 
provide simultaneously to the Committee on Science of the House of 
Representatives--
            (1) any annual operating plan or other operational funding 
        document, including any additions or amendments thereto; and
            (2) any report relating to the environmental research or 
        development, scientific or energy research, development, or 
        demonstration, or commercial application of energy technology 
        programs, projects, or activities of the Environmental 
        Protection Agency,
provided to any committee of Congress.
    (b) Notice of Reorganization.--The Administrator shall provide 
notice to the appropriate congressional committees not later than 15 
days before any reorganization of any environmental research or 
development, scientific or energy research, development, or 
demonstration, or commercial application of energy technology program, 
project, or activity of the Office of Air and Radiation.

                       TITLE II--RENEWABLE ENERGY

                          Subtitle A--Hydrogen

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Robert S. Walker and George E. 
Brown, Jr. Hydrogen Energy Act of 2001''.

SEC. 202. PURPOSES.

    Section 102(b) of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended to read as 
follows:
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to conduct research, 
        development, and demonstration activities leading to the 
        production, storage, transportation, and use of hydrogen for 
        industrial, commercial, residential, transportation, and 
        utility applications;
            ``(2) to direct the Secretary to develop a program of 
        technology assessment, information dissemination, and education 
        in which Federal, State, and local agencies, members of the 
        energy, transportation, and other industries, and other 
        entities may participate; and
            ``(3) to develop methods of hydrogen production that 
        minimize adverse environmental impacts, with emphasis on 
        efficient and cost-effective production from renewable energy 
        resources.''.

SEC. 203. DEFINITIONS.

    Section 102(c) of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively; and
            (2) by inserting before paragraph (2), as so redesignated 
        by paragraph (1) of this section, the following new paragraph:
            ``(1) `advisory committee' means the advisory committee 
        established under section 108;''.

SEC. 204. REPORTS TO CONGRESS.

    Section 103 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended to read as 
follows:

``SEC. 103. REPORTS TO CONGRESS.

    ``(a) Requirement.--Not later than 1 year after the date of the 
enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen 
Energy Act of 2001, and biennially thereafter, the Secretary shall 
transmit to Congress a detailed report on the status and progress of 
the programs and activities authorized under this Act.
    ``(b) Contents.--A report under subsection (a) shall include, in 
addition to any views and recommendations of the Secretary--
            ``(1) an assessment of the extent to which the program is 
        meeting the purposes specified in section 102(b);
            ``(2) a determination of the effectiveness of the 
        technology assessment, information dissemination, and education 
        program established under section 106;
            ``(3) an analysis of Federal, State, local, and private 
        sector hydrogen-related research, development, and 
        demonstration activities to identify productive areas for 
        increased intergovernmental and private-public sector 
        collaboration; and
            ``(4) recommendations of the advisory committee for any 
        improvements needed in the programs and activities authorized 
        by this Act.''.

SEC. 205. HYDROGEN RESEARCH AND DEVELOPMENT.

    Section 104 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended to read as 
follows:

``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.

    ``(a) Establishment of Program.--The Secretary shall conduct a 
hydrogen research and development program relating to production, 
storage, transportation, and use of hydrogen, with the goal of enabling 
the private sector to demonstrate the technical feasibility of using 
hydrogen for industrial, commercial, residential, transportation, and 
utility applications.
    ``(b) Elements.--In conducting the program authorized by this 
section, the Secretary shall--
            ``(1) give particular attention to developing an 
        understanding and resolution of critical technical issues 
        preventing the introduction of hydrogen as an energy carrier 
        into the marketplace;
            ``(2) initiate or accelerate existing research and 
        development in critical technical issues that will contribute 
        to the development of more economical hydrogen production, 
        storage, transportation, and use, including critical technical 
        issues with respect to production (giving priority to those 
        production techniques that use renewable energy resources as 
        their primary source of energy for hydrogen production), 
        liquefaction, transmission, distribution, storage, and use 
        (including use of hydrogen in surface transportation); and
            ``(3) survey private sector and public sector hydrogen 
        research and development activities worldwide, and take steps 
        to ensure that research and development activities under this 
        section do not--
                    ``(A) duplicate any available research and 
                development results; or
                    ``(B) displace or compete with the privately funded 
                hydrogen research and development activities of United 
                States industry.
    ``(c) Evaluation of Technologies.--The Secretary shall evaluate, 
for the purpose of determining whether to undertake or fund research 
and development activities under this section, any reasonable new or 
improved technology that could lead or contribute to the development of 
economical hydrogen production, storage, transportation, and use.
    ``(d) Research and Development Support.--The Secretary is 
authorized to arrange for tests and demonstrations and to disseminate 
to researchers and developers information, data, and other materials 
necessary to support the research and development activities authorized 
under this section and other efforts authorized under this Act, 
consistent with section 106 of this Act.
    ``(e) Competitive Peer Review.--The Secretary shall carry out or 
fund research and development activities under this section only on a 
competitive basis using peer review.
    ``(f) Cost Sharing.--The Secretary shall require, for research and 
development activities carried out by industry under this section, a 
commitment from non-Federal sources of at least 20 percent of the cost 
of the project.''.

SEC. 206. DEMONSTRATIONS.

    Section 105 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended--
            (1) in subsection (a), by striking ``, preferably in self-
        contained locations,'';
            (2) in subsection (b), by striking ``at self-contained 
        sites''; and
            (3) in subsection (c), by inserting ``Non-Federal Funding 
        Requirement.--'' after ``(c)''.

SEC. 207. TECHNOLOGY TRANSFER.

    Section 106 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended to read as 
follows:

``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND 
              EDUCATION PROGRAM.

    ``(a) Program.--The Secretary shall, in consultation with the 
advisory committee, conduct a program designed to accelerate wider 
application of hydrogen production, storage, transportation, and use 
technologies, including application in foreign countries to increase 
the global market for the technologies and foster global economic 
development without harmful environmental effects.
    ``(b) Information.--The Secretary, in carrying out the program 
authorized by subsection (a), shall--
            ``(1) undertake an update of the inventory and assessment, 
        required under section 106(b)(1) of this Act as in effect 
        before the date of the enactment of the Robert S. Walker and 
        George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen 
        technologies and their commercial capability to economically 
        produce, store, transport, or use hydrogen in industrial, 
        commercial, residential, transportation, and utility sector; 
        and
            ``(2) develop, with other Federal agencies as appropriate 
        and industry, an information exchange program to improve 
        technology transfer for hydrogen production, storage, 
        transportation, and use, which may consist of workshops, 
        publications, conferences, and a database for the use by the 
        public and private sectors.''.

SEC. 208. COORDINATION AND CONSULTATION.

    Section 107 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended--
            (1) by amending paragraph (1) of subsection (a) to read as 
        follows:
            ``(1) shall establish a central point for the coordination 
        of all hydrogen research, development, and demonstration 
        activities of the Department; and''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Consultation.--The Secretary shall consult with other Federal 
agencies as appropriate, and the advisory committee, in carrying out 
the Secretary's authorities pursuant to this Act.''.

SEC. 209. ADVISORY COMMITTEE.

    Section 108 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended to read as 
follows:

``SEC. 108. ADVISORY COMMITTEE.

    ``(a) Establishment.--The Secretary shall enter into appropriate 
arrangements with the National Academies of Sciences and Engineering to 
establish an advisory committee consisting of experts drawn from 
domestic industry, academia, Governmental laboratories, and financial, 
environmental, and other organizations, as appropriate, to review and 
advise on the progress made through the programs and activities 
authorized under this Act.
    ``(b) Cooperation.--The heads of Federal agencies shall cooperate 
with the advisory committee in carrying out this section and shall 
furnish to the advisory committee such information as the advisory 
committee reasonably deems necessary to carry out this section.
    ``(c) Review.--The advisory committee shall review and make any 
necessary recommendations to the Secretary on--
            ``(1) the implementation and conduct of programs and 
        activities authorized under this Act; and
            ``(2) the economic, technological, and environmental 
        consequences of the deployment of hydrogen production, storage, 
        transportation, and use systems.
    ``(d) Responsibilities of the Secretary.--The Secretary shall 
consider, but need not adopt, any recommendations of the advisory 
committee under subsection (c). The Secretary shall provide an 
explanation of the reasons that any such recommendations will not be 
implemented and include such explanation in the report to Congress 
under section 103(a) of this Act.''.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    Section 109 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 is amended to read as 
follows:

``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Research and Development; Advisory Committee.--There are 
authorized to be appropriated to the Secretary to carry out sections 
104 and 108--
            ``(1) $40,000,000 for fiscal year 2002;
            ``(2) $45,000,000 for fiscal year 2003;
            ``(3) $50,000,000 for fiscal year 2004;
            ``(4) $55,000,000 for fiscal year 2005; and
            ``(5) $60,000,000 for fiscal year 2006.
    ``(b) Demonstration.--There are authorized to be appropriated to 
the Secretary to carry out section 105--
            ``(1) $20,000,000 for fiscal year 2002;
            ``(2) $25,000,000 for fiscal year 2003;
            ``(3) $30,000,000 for fiscal year 2004;
            ``(4) $35,000,000 for fiscal year 2005; and
            ``(5) $40,000,000 for fiscal year 2006.''.

SEC. 211. REPEAL.

    (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is 
repealed.
    (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of 
1996 is amended by striking ``titles II and III'' and inserting ``title 
III''.

                         Subtitle B--Bioenergy

SEC. 221. SHORT TITLE.

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

SEC. 222. FINDINGS.

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

SEC. 223. DEFINITION.

    For purposes of this subtitle the term ``biofuels'' includes 
production of industrial chemicals.

SEC. 224. AUTHORIZATION.

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

SEC. 225. AUTHORIZATION OF APPROPRIATIONS.

    (a) Biopower Energy Systems.--There are authorized to be 
appropriated to the Secretary for Biopower Energy Systems programs, 
projects, and activities--
            (1) $45,700,000 for fiscal year 2002;
            (2) $52,500,000 for fiscal year 2003;
            (3) $60,300,000 for fiscal year 2004;
            (4) $69,300,000 for fiscal year 2005; and
            (5) $79,600,000 for fiscal year 2006.
    (b) Biofuels Energy Systems.--There are authorized to be 
appropriated to the Secretary for biofuels energy systems programs, 
projects, and activities--
            (1) $53,500,000 for fiscal year 2002;
            (2) $61,400,000 for fiscal year 2003;
            (3) $70,600,000 for fiscal year 2004;
            (4) $81,100,000 for fiscal year 2005; and
            (5) $93,200,000 for fiscal year 2006.
    (c) Integrated Bioenergy Research and Development.--There are 
authorized to be appropriated to the Secretary for integrated bioenergy 
research and development (including biofuels) programs, projects, and 
activities, $49,000,000 for each of the fiscal years 2002 through 2006. 
Activities funded under this subsection shall be coordinated with 
ongoing related programs of other Federal agencies.

    Subtitle C--Department of Energy Authorization of Appropriations

SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operation and Maintenance.--There are authorized to be 
appropriated to the Secretary for Renewable Energy operation and 
maintenance, including Geothermal Technology Development, Hydropower, 
Concentrating Solar Power, Photovoltaic Energy Systems, Solar Building 
Technology Research, Wind Energy Systems, High Temperature 
Superconducting Research and Development, Energy Storage Systems, 
Transmission Reliability, International Renewable Energy Program, 
Renewable Energy Production Incentive Program, Renewable Program 
Support, National Renewable Energy Laboratory, and Program Direction, 
and including amounts authorized under the amendment made by section 
210 and amounts authorized under section 225, $475,000,000 for fiscal 
year 2002, $585,000,000 for fiscal year 2003, and $620,000,000 for 
fiscal year 2004, to remain available until expended.
    (b) Limits on Use of Funds.--None of the funds authorized to be 
appropriated in subsection (a) may be used for--
            (1) Departmental Energy Management Program; or
            (2) Renewable Indian Energy Resources.

                       TITLE III--NUCLEAR ENERGY

         Subtitle A--University Nuclear Science and Engineering

SEC. 301. SHORT TITLE.

    This subtitle may be cited as ``Department of Energy University 
Nuclear Science and Engineering Act''.

SEC. 302. FINDINGS.

    The Congress finds the following:
            (1) United States university nuclear science and 
engineering programs are in a state of serious decline, with nuclear 
engineering enrollment at a 35-year low. Since 1980, the number of 
nuclear engineering university programs has declined nearly 40 percent, 
and over two-thirds of the faculty in these programs are 45 years of 
age or older. Also, since 1980, the number of university research and 
training reactors in the United States has declined by over 50 percent. 
Most of these reactors were built in the late 1950s and 1960s with 30-
year to 40-year operating licenses, and many require relicensing in the 
next several years.
            (2) A decline in a competent nuclear workforce, and the 
        lack of adequately trained nuclear scientists and engineers, 
        will affect the ability of the United States to solve future 
        nuclear waste storage issues, operate existing and design 
        future fission reactors in the United States, respond to future 
        nuclear events worldwide, help stem the proliferation of 
        nuclear weapons, and design and operate naval nuclear reactors.
            (3) The Department of Energy's Office of Nuclear Energy, 
        Science and Technology, a principal Federal agency for civilian 
        research in nuclear science and engineering, is well suited to 
        help maintain tomorrow's human resource and training investment 
        in the nuclear sciences and engineering.

SEC. 303. DEPARTMENT OF ENERGY PROGRAM.

    (a) Establishment.--The Secretary, through the Office of Nuclear 
Energy, Science and Technology, shall support a program to maintain the 
Nation's human resource investment and infrastructure in the nuclear 
sciences and engineering consistent with the Department's statutory 
authorities related to civilian nuclear research, development, and 
demonstration and commercial application of energy technology.
    (b) Duties of the Office of Nuclear Energy, Science and 
Technology.--In carrying out the program under this subtitle, the 
Director of the Office of Nuclear Energy, Science and Technology 
shall--
            (1) develop a robust graduate and undergraduate fellowship 
        program to attract new and talented students;
            (2) assist universities in recruiting and retaining new 
        faculty in the nuclear sciences and engineering through a 
        Junior Faculty Research Initiation Grant Program;
            (3) maintain a robust investment in the fundamental nuclear 
        sciences and engineering through the Nuclear Engineering 
        Education Research Program;
            (4) encourage collaborative nuclear research among 
        industry, national laboratories, and universities through the 
        Nuclear Energy Research Initiative; and
            (5) support communication and outreach related to nuclear 
        science and engineering.
    (c) Maintaining University Research and Training Reactors and 
Associated Infrastructure.--The Secretary, through the Office of 
Nuclear Energy, Science and Technology, shall provide for the following 
university research and training reactor infrastructure maintenance and 
research activities:
            (1) Refueling of university research reactors with low 
        enriched fuels, upgrade of operational instrumentation, and 
        sharing of reactors among universities.
            (2) In collaboration with the United States nuclear 
        industry, assistance, where necessary, in relicensing and 
        upgrading university training reactors as part of a student 
        training program.
            (3) A university reactor research and training award 
        program that provides for reactor improvements as part of a 
        focused effort that emphasizes research, training, and 
        education.
    (d) University-DOE Laboratory Interactions.--The Secretary, through 
the Office of Nuclear Energy, Science and Technology, shall develop--
            (1) a sabbatical fellowship program for university faculty 
        to spend extended periods of time at Department of Energy 
        laboratories in the areas of nuclear science and technology; 
        and
            (2) a visiting scientist program in which laboratory staff 
        can spend time in academic nuclear science and engineering 
        departments.
The Secretary may under subsection (b)(1) provide for fellowships for 
students to spend time at Department of Energy laboratories in the 
areas of nuclear science and technology under the mentorship of 
laboratory staff.
    (e) Operations and Maintenance.--To the extent that the use of a 
university research reactor is funded under this subtitle, funds 
authorized under this subtitle may be used to supplement operation of 
the research reactor during the investigator's proposed effort. The 
host institution shall provide at least 50 percent of the cost of the 
reactor's operation.
    (f) Merit Review Required.--All grants, contracts, cooperative 
agreements, or other financial assistance awards under this subtitle 
shall be made only after independent merit review.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    (a) Total Authorization.--The following sums are authorized to be 
appropriated to the Secretary, to remain available until expended, for 
the purposes of carrying out this subtitle:
            (1) $30,200,000 for fiscal year 2002.
            (2) $41,000,000 for fiscal year 2003.
            (3) $47,900,000 for fiscal year 2004.
            (4) $55,600,000 for fiscal year 2005.
            (5) $64,100,000 for fiscal year 2006.
    (b) Graduate and Undergraduate Fellowships.--Of the funds 
authorized by subsection (a), the following sums are authorized to be 
appropriated to carry out section 303(b)(1):
            (1) $3,000,000 for fiscal year 2002.
            (2) $3,100,000 for fiscal year 2003.
            (3) $3,200,000 for fiscal year 2004.
            (4) $3,200,000 for fiscal year 2005.
            (5) $3,200,000 for fiscal year 2006.
    (c) Junior Faculty Research Initiation Grant Program.--Of the funds 
authorized by subsection (a), the following sums are authorized to be 
appropriated to carry out section 303(b)(2):
            (1) $5,000,000 for fiscal year 2002.
            (2) $7,000,000 for fiscal year 2003.
            (3) $8,000,000 for fiscal year 2004.
            (4) $9,000,000 for fiscal year 2005.
            (5) $10,000,000 for fiscal year 2006.
    (d) Nuclear Engineering Education Research Program.--Of the funds 
authorized by subsection (a), the following sums are authorized to be 
appropriated to carry out section 303(b)(3):
            (1) $8,000,000 for fiscal year 2002.
            (2) $12,000,000 for fiscal year 2003.
            (3) $13,000,000 for fiscal year 2004.
            (4) $15,000,000 for fiscal year 2005.
            (5) $20,000,000 for fiscal year 2006.
    (e) Communication and Outreach Related to Nuclear Science and 
Engineering.--Of the funds authorized by subsection (a), the following 
sums are authorized to be appropriated to carry out section 303(b)(5):
            (1) $200,000 for fiscal year 2002.
            (2) $200,000 for fiscal year 2003.
            (3) $300,000 for fiscal year 2004.
            (4) $300,000 for fiscal year 2005.
            (5) $300,000 for fiscal year 2006.
    (f) Refueling of University Research Reactors and Instrumentation 
Upgrades.--Of the funds authorized by subsection (a), the following 
sums are authorized to be appropriated to carry out section 303(c)(1):
            (1) $6,000,000 for fiscal year 2002.
            (2) $6,500,000 for fiscal year 2003.
            (3) $7,000,000 for fiscal year 2004.
            (4) $7,500,000 for fiscal year 2005.
            (5) $8,000,000 for fiscal year 2006.
    (g) Relicensing Assistance.--Of the funds authorized by subsection 
(a), the following sums are authorized to be appropriated to carry out 
section 303(c)(2):
            (1) $1,000,000 for fiscal year 2002.
            (2) $1,100,000 for fiscal year 2003.
            (3) $1,200,000 for fiscal year 2004.
            (4) $1,300,000 for fiscal year 2005.
            (5) $1,300,000 for fiscal year 2006.
    (h) Reactor Research and Training Award Program.--Of the funds 
authorized by subsection (a), the following sums are authorized to be 
appropriated to carry out section 303(c)(3):
            (1) $6,000,000 for fiscal year 2002.
            (2) $10,000,000 for fiscal year 2003.
            (3) $14,000,000 for fiscal year 2004.
            (4) $18,000,000 for fiscal year 2005.
            (5) $20,000,000 for fiscal year 2006.
    (i) University-DOE Laboratory Interactions.--Of the funds 
authorized by subsection (a), the following sums are authorized to be 
appropriated to carry out section 303(d):
            (1) $1,000,000 for fiscal year 2002.
            (2) $1,100,000 for fiscal year 2003.
            (3) $1,200,000 for fiscal year 2004.
            (4) $1,300,000 for fiscal year 2005.
            (5) $1,300,000 for fiscal year 2006.

 Subtitle B--Spent Nuclear Fuel and Fuel Cycle Research, Development, 
                           and Demonstration

SEC. 321. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

    (a) Definition.--In this section the term ``Associate Director'' 
means the Associate Director of the Office of Spent Nuclear Fuel 
Research established by subsection (b).
    (b) Establishment.--There is established an Office of Spent Nuclear 
Fuel Research within the Office of Nuclear Energy, Science and 
Technology of the Department.
    (c) Head of Office.--The Office of Spent Nuclear Fuel Research 
shall be headed by the Associate Director, who shall be a member of the 
Senior Executive Service appointed by the Director of the Office of 
Nuclear Energy, Science and Technology, and compensated at a rate 
determined by applicable law.
    (d) Duties of the Associate Director.--
            (1) Participation.--The Associate Director shall coordinate 
        the participation of national laboratories, other Department 
        facilities, universities, the commercial nuclear industry, and 
        other organizations in the research, development, and 
        demonstration of technologies for the treatment, recycling, and 
        disposal of spent nuclear fuel and high-level radioactive 
        waste.
            (2) Activities.--The Associate Director shall--
                    (A) develop a research plan to provide 
                recommendations to the Secretary by 2015;
                    (B) identify promising technologies for the 
                treatment, recycling, and disposal of spent nuclear 
                fuel and high-level radioactive waste;
                    (C) conduct research, development, and 
                demonstration activities for promising technologies;
                    (D) ensure that all activities include as key 
                objectives minimization of proliferation concerns and 
                risk to health of the general public and site workers, 
                as well as development of cost-effective technologies;
                    (E) require research on both reactor-based and 
                accelerator-based transmutation systems;
                    (F) require research on advanced processing and 
                separations;
                    (G) include participation of international 
                collaborators in research efforts, and provide funding 
                to a collaborator that brings unique capabilities not 
                available in the United States if the country in which 
                the collaborator is located is unable to provide 
                support; and
                    (H) ensure that research efforts are coordinated 
                with research on advanced fuel cycles and reactors 
                conducted by the Office of Nuclear Energy, Science and 
                Technology.
    (e) Grant and Contract Authority.--The Secretary may make grants, 
or enter into contracts, for the purposes of the activities described 
in subsection (d)(2).
    (f) Report.--The Secretary shall report on the activities and 
expenditures of the Office, describing the progress being made in the 
activities described in subsection (d)(2), as part of the Department's 
annual budget submission.

SEC. 322. ADVANCED FUEL RECYCLING TECHNOLOGY RESEARCH AND DEVELOPMENT 
              PROGRAM.

    (a) In General.--The Secretary, through the Director of the Office 
of Nuclear Energy, Science and Technology, shall conduct an advanced 
fuel recycling technology research and development program to further 
the availability of proliferation-resistant fuel recycling technologies 
as an alternative to aqueous reprocessing in support of evaluation of 
alternative national strategies for spent nuclear fuel and the 
Generation IV advanced reactor concepts, subject to annual review by 
the Secretary's Nuclear Energy Research Advisory Committee or other 
independent entity, as appropriate.
    (b) Reports.--The Secretary shall report on the activities of the 
advanced fuel recycling technology research and development program, as 
part of the Department's annual budget submission.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $10,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal year 2003 and 
        fiscal year 2004.

    Subtitle C--Department of Energy Authorization of Appropriations

SEC. 341. NUCLEAR ENERGY RESEARCH INITIATIVE.

    (a) Program.--The Secretary, through the Office of Nuclear Energy, 
Science and Technology, shall conduct a Nuclear Energy Research 
Initiative for grants to be competitively awarded and subject to peer 
review for research relating to nuclear energy.
    (b) Objectives.--The program shall be directed toward accomplishing 
the objectives of--
            (1) developing advanced concepts and scientific 
        breakthroughs in nuclear fission and reactor technology to 
        address and overcome the principal technical and scientific 
        obstacles to the expanded use of nuclear energy in the United 
        States;
            (2) advancing the state of nuclear technology to maintain a 
        competitive position in foreign markets and a future domestic 
        market;
            (3) promoting and maintaining a United States nuclear 
        science and engineering infrastructure to meet future technical 
        challenges;
            (4) providing an effective means to collaborate on a cost-
        shared basis with international agencies and research 
        organizations to address and influence nuclear technology 
        development worldwide; and
            (5) promoting United States leadership and partnerships in 
        bilateral and multilateral nuclear energy research.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $60,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal year 2003 and 
        fiscal year 2004.

SEC. 342. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.

    (a) Program.--The Secretary, through the Office of Nuclear Energy, 
Science and Technology, shall conduct a Nuclear Energy Plant 
Optimization research and development program jointly with industry and 
cost-shared by industry by least 50 percent and subject to annual 
review by the Secretary's Nuclear Energy Research Advisory Committee or 
other independent entity, as appropriate.
    (b) Objectives.--The program shall be directed toward accomplishing 
the objectives of--
            (1) managing long-term effects of component aging; and
            (2) improving the efficiency and productivity of existing 
        nuclear power stations.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $15,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal years 2003 
        through 2006.

SEC. 343. NUCLEAR ENERGY TECHNOLOGIES.

    (a) In General.--The Secretary, through the Office of Nuclear 
Energy, Science and Technology, shall conduct a study of Generation IV 
nuclear energy systems, including development of a technology roadmap 
and performance of research and development necessary to make an 
informed technical decision regarding the most promising candidates for 
commercial application.
    (b) Reactor Characteristics.--To the extent practicable, in 
conducting the study under subsection (a), the Secretary shall study 
nuclear energy systems that offer the highest probability of achieving 
the goals for Generation IV nuclear energy systems, including--
            (1) economics competitive with any other generators;
            (2) enhanced safety features, including passive safety 
        features;
            (3) substantially reduced production of high-level waste, 
        as compared with the quantity of waste produced by reactors in 
        operation on the date of enactment of this Act;
            (4) highly proliferation-resistant fuel and waste;
            (5) sustainable energy generation including optimized fuel 
        utilization; and
            (6) substantially improved thermal efficiency, as compared 
        with the thermal efficiency of reactors in operation on the 
        date of enactment of this Act.
    (c) Consultation.--In conducting the study under subsection (a), 
the Secretary shall consult with appropriate representatives of 
industry, institutions of higher education, Federal agencies, and 
international, professional, and technical organizations.
    (d) Report.--
            (1) In general.--Not later than December 31, 2002, the 
        Secretary shall transmit to the appropriate congressional 
        committees a report describing the activities of the Secretary 
        under this section, and plans for research and development 
        leading to a public/private cooperative demonstration of one or 
        more Generation IV nuclear energy systems.
            (2) Contents.--The report shall contain--
                    (A) an assessment of all available technologies;
                    (B) a summary of actions needed for the most 
                promising candidates to be considered as viable 
                commercial options within the five to ten years after 
                the date of the report, with consideration of 
                regulatory, economic, and technical issues;
                    (C) a recommendation of not more than three 
                promising Generation IV nuclear energy system concepts 
                for further development;
                    (D) an evaluation of opportunities for public/
                private partnerships;
                    (E) a recommendation for structure of a public/
                private partnership to share in development and 
                construction costs;
                    (F) a plan leading to the selection and conceptual 
                design, by September 30, 2004, of at least one 
                Generation IV nuclear energy system concept recommended 
                under subparagraph (C) for demonstration through a 
                public/private partnership;
                    (G) an evaluation of opportunities for siting 
                demonstration facilities on Department of Energy land; 
                and
                    (H) a recommendation for appropriate involvement of 
                other Federal agencies.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section and to carry 
out the recommendations in the report transmitted under subsection 
(d)--
            (1) $50,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal year 2003 and 
        fiscal year 2004.

SEC. 344. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operation and Maintenance.--There are authorized to be 
appropriated to the Secretary to carry out activities authorized under 
this title for nuclear energy operation and maintenance, including 
amounts authorized under sections 304(a), 322(c), 341(c), 342(c), and 
343(e), and including Advanced Radioisotope Power Systems, Test Reactor 
Landlord, and Program Direction, $221,000,000 for fiscal year 2002, 
$230,000,000 for fiscal year 2003, and $240,000,000 for fiscal year 
2004, to remain available until expended.
    (b) Construction.--There are authorized to be appropriated to the 
Secretary--
            (1) $950,000 for fiscal year 2002, $2,200,000 for fiscal 
        year 2003, $1,246,000 for fiscal year 2004, and $1,699,000 for 
        fiscal year 2005 for completion of construction of Project 99-
        E-200, Test Reactor Area Electric Utility Upgrade, Idaho 
        National Engineering and Environmental Laboratory; and
            (2) $500,000 for fiscal year 2002, $500,000 for fiscal year 
        2003, $500,000 for fiscal year 2004, and $500,000 for fiscal 
        year 2005, for completion of construction of Project 95-E-201, 
        Test Reactor Area Fire and Life Safety Improvements, Idaho 
        National Engineering and Environmental Laboratory.
    (c) Limits on Use of Funds.--None of the funds authorized to be 
appropriated in subsection (a) may be used for Nuclear Energy Isotope 
Support and Production, Argonne National Laboratory-West Operations, 
Fast Flux Test Facility, or Nuclear Facilities Management.

                        TITLE IV--FOSSIL ENERGY

                         Subtitle A--Clean Coal

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``National Electricity and 
Environmental Technology Research and Development Act''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) reliable, affordable, increasingly clean electricity 
        will continue to power the growing United States economy;
            (2) an increasing use of electrotechnologies, the desire 
        for continuous environmental improvement, a more competitive 
        electricity market, and concerns about rising energy prices add 
        importance to the need for reliable, affordable, increasingly 
        clean electricity;
            (3) coal, which, as of the date of enactment of this Act, 
        accounts for more than \1/2\ of all electricity generated in 
        the United States, is the most abundant fossil energy resource 
        of the United States;
            (4) coal comprises more than 85 percent of all fossil 
        resources in the United States and exists in quantities 
        sufficient to supply the United States for 250 years at current 
        usage rates;
            (5) investments in electricity generating facility 
        emissions control technology over the past 30 years have 
        reduced the aggregate emissions of pollutants from coal-based 
        generating facilities by 21 percent, even as coal use for 
        electricity generation has nearly tripled; and
            (6) continued environmental improvement in coal-based 
        generation through continued research, development, and 
        demonstration toward an ultimate goal of near-zero emissions is 
        important and desirable.

SEC. 403. DEFINITION.

    In this subtitle, the term ``cost and performance-based goals'' 
means the cost and performance-based goals established under section 4.

SEC. 404. CLEAN COAL POWER INITIATIVE.

    (a) In General.--The Secretary shall carry out a program of 
research on and development, demonstration, and commercial application 
of clean coal technologies under--
            (1) this subtitle;
            (2) the Federal Nonnuclear Energy Research and Development 
        Act of 1974 (42 U.S.C. 5901 et seq.);
            (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 
        et seq.); and
            (4) title XIII of the Energy Policy Act of 1992 (42 U.S.C. 
        13331 et seq.).
    (b) Conditions.--The research, development, demonstration, and 
commercial application program described in subsection (a) shall be 
designed to achieve the cost and performance-based goals.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    (a) Clean Coal Power Initiative.--Except as provided in section 
406, there are authorized to be appropriated to the Secretary to carry 
out the Clean Coal Power Initiative under section 404 $200,000,000 for 
each of the fiscal years 2002 through 2011, to remain available until 
expended.
    (b) Other Coal and Related Technologies Programs.--Except as 
provided in section 406, there are authorized to be appropriated to the 
Secretary $172,000,000 for fiscal year 2002, $179,000,000 for fiscal 
year 2003, and $186,000,000 for fiscal year 2004, to remain available 
until expended, for other coal and related technologies programs, which 
shall include--
            (1) Innovations for Existing Plants;
            (2) Integrated Gasification Combined Cycle;
            (3) Pressurized Fluidized Bed Systems;
            (4) Turbines;
            (5) Sequestration Research and Development;
            (6) Transportation Fuels and Chemicals;
            (7) Solid Fuels and Feedstocks;
            (8) Advanced Fuels Research; and
            (9) Advanced Research.

SEC. 406. LIMIT ON USE OF FUNDS.

    Notwithstanding section 405, no funds may be used to carry out the 
activities authorized by this subtitle until 30 days after the 
Secretary transmits a report to the appropriate congressional 
committees that includes a detailed 10-year plan on implementation, 
Federal and non-Federal funding profiles, and provisions for 
recoupment of Federal funding, and that addresses in detail how the 
Department intends to avoid management problems encountered in the 
administration of the Clean Coal Technology Program.

                        Subtitle B--Oil and Gas

SEC. 421. PETROLEUM-OIL TECHNOLOGY.

    The Secretary shall conduct a program of research, development, 
demonstration, and commercial application on petroleum-oil technology. 
The program shall address--
            (1) Exploration and Production Supporting Research;
            (2) Oil Technology Reservoir Management/Extension; and
            (3) Effective Environmental Protection.

SEC. 422. GAS.

    The Secretary shall conduct a program of research, development, 
demonstration, and commercial application on natural gas technologies. 
The program shall address--
            (1) Exploration and Production;
            (2) Infrastructure; and
            (3) Effective Environmental Protection.

SEC. 423. UNCONVENTIONAL AND ULTRA-DEEPWATER NATURAL GAS AND PETROLEUM.

    The Secretary shall conduct a program of research, development, and 
demonstration of unconventional and ultra-deepwater natural gas and 
petroleum exploration and production technologies.

                         Subtitle C--Fuel Cells

SEC. 444. FUEL CELLS.

    The Secretary shall conduct a program of research, development, 
demonstration, and commercial application on fuel cells. The program 
shall address--
            (1) Advanced Research;
            (2) Systems Development;
            (3) Vision 21-Hybrids; and
            (4) Innovative Concepts.

              Subtitle D--Authorization of Appropriations

SEC. 461. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operation and Maintenance.--There are authorized to be 
appropriated to the Secretary for operation and maintenance for 
subtitles B and C, and for Fossil Energy Research and Development 
Headquarters Program Direction, Field Program Direction, Plant and 
Capital Equipment, Cooperative Research and Development, Import/Export 
Authorization, and Advanced Metallurgical Processes $238,000,000 for 
fiscal year 2002, $247,000,000 for fiscal year 2003, and $257,000,000 
for fiscal year 2004, to remain available until expended.
    (b) Limits on Use of Funds.--None of the funds authorized to be 
appropriated in subsection (a) may be used for--
            (1) Gas Hydrates.
            (2) Fossil Energy Environmental Restoration; or
            (3) research, development, demonstration, and commercial 
        application on coal and related technologies, including 
        activities under subtitle A.

                            TITLE V--SCIENCE

                   Subtitle A--Fusion Energy Sciences

SEC. 501. SHORT TITLE.

    This subtitle may be cited as the ``Fusion Energy Sciences Act of 
2001''.

SEC. 502. FINDINGS.

    The Congress finds that--
            (1) economic prosperity is closely linked to an affordable 
        and ample energy supply;
            (2) environmental quality is closely linked to energy 
        production and use;
            (3) population, worldwide economic development, energy 
        consumption, and stress on the environment are all expected to 
        increase substantially in the coming decades;
            (4) the few energy options with the potential to meet 
        economic and environmental needs for the long-term future 
        should be pursued as part of a balanced national energy plan;
            (5) fusion energy is an attractive long-term energy source 
        because of the virtually inexhaustible supply of fuel, and the 
        promise of minimal adverse environmental impact and inherent 
        safety;
            (6) the National Research Council, the President's 
        Committee of Advisers on Science and Technology, and the 
        Secretary of Energy Advisory Board have each recently reviewed 
        the Fusion Energy Sciences Program and each strongly supports 
        the fundamental science and creative innovation of the program, 
        and has confirmed that progress toward the goal of producing 
        practical fusion energy has been excellent, although much 
        scientific and engineering work remains to be done;
            (7) each of these reviews stressed the need for a magnetic 
        fusion burning plasma experiment to address key scientific 
        issues and as a necessary step in the development of fusion 
        energy;
            (8) the National Research Council has also called for a 
        broadening of the Fusion Energy Sciences Program research base 
        as a means to more fully integrate the fusion science community 
        into the broader scientific community; and
            (9) the Fusion Energy Sciences Program budget is inadequate 
        to support the necessary science and innovation for the present 
        generation of experiments, and cannot accommodate the cost of a 
        burning plasma experiment constructed by the United States, or 
        even the cost of key participation by the United States in an 
        international effort.

SEC. 503. PLAN FOR FUSION EXPERIMENT.

    (a) Plan for United States Fusion Experiment.--The Secretary, on 
the basis of full consultation with the Fusion Energy Sciences Advisory 
Committee and the Secretary of Energy Advisory Board, as appropriate, 
shall develop a plan for United States construction of a magnetic 
fusion burning plasma experiment for the purpose of accelerating 
scientific understanding of fusion plasmas. The Secretary shall request 
a review of the plan by the National Academy of Sciences, and shall 
transmit the plan and the review to the Congress by July 1, 2004.
    (b) Requirements of Plan.--The plan described in subsection (a) 
shall--
            (1) address key burning plasma physics issues; and
            (2) include specific information on the scientific 
        capabilities of the proposed experiment, the relevance of these 
        capabilities to the goal of practical fusion energy, and the 
        overall design of the experiment including its estimated cost 
        and potential construction sites.
    (c) United States Participation in an International Experiment.--In 
addition to the plan described in subsection (a), the Secretary, on the 
basis of full consultation with the Fusion Energy Sciences Advisory 
Committee and the Secretary of Energy Advisory Board, as appropriate, 
may also develop a plan for United States participation in an 
international burning plasma experiment for the same purpose, whose 
construction is found by the Secretary to be highly likely and where 
United States participation is cost effective relative to the cost and 
scientific benefits of a domestic experiment described in subsection 
(a). If the Secretary elects to develop a plan under this subsection, 
he shall include the information described in subsection (b), and an 
estimate of the cost of United States participation in such an 
international experiment. The Secretary shall request a review by the 
National Academies of Sciences and Engineering of a plan developed 
under this subsection, and shall transmit the plan and the review to 
the Congress not later than July 1, 2004.
    (d) Authorization of Research and Development.--The Secretary, 
through the Fusion Energy Sciences Program, may conduct any research 
and development necessary to fully develop the plans described in this 
section.

SEC. 504. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary, in full consultation with FESAC, shall develop and 
transmit to the Congress a plan for the purpose of ensuring a strong 
scientific base for the Fusion Energy Sciences Program and to enable 
the experiments described in section 503. Such plan shall include as 
its objectives--
            (1) to ensure that existing fusion research facilities and 
        equipment are more fully utilized with appropriate measurements 
        and control tools;
            (2) to ensure a strengthened fusion science theory and 
        computational base;
            (3) to ensure that the selection of and funding for new 
        magnetic and inertial fusion research facilities is based on 
        scientific innovation and cost effectiveness;
            (4) to improve the communication of scientific results and 
        methods between the fusion science community and the wider 
        scientific community;
            (5) to ensure that adequate support is provided to optimize 
        the design of the magnetic fusion burning plasma experiments 
        referred to in section 503;
            (6) to ensure that inertial confinement fusion facilities 
        are utilized to the extent practicable for the purpose of 
        inertial fusion energy research and development;
            (7) to develop a roadmap for a fusion-based energy source 
        that shows the important scientific questions, the evolution of 
        confinement configurations, the relation between these two 
        features, and their relation to the fusion energy goal;
            (8) to establish several new centers of excellence, 
        selected through a competitive peer-review process and devoted 
        to exploring the frontiers of fusion science;
            (9) to ensure that the National Science Foundation, and 
        other agencies, as appropriate, play a role in extending the 
        reach of fusion science and in sponsoring general plasma 
        science; and
            (10) to ensure that there be continuing broad assessments 
        of the outlook for fusion energy and periodic external reviews 
        of fusion energy sciences.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for the 
development and review, but not for implementation, of the plans 
described in this subtitle and for activities of the Fusion Energy 
Sciences Program $320,000,000 for fiscal year 2002 and $335,000,000 for 
fiscal year 2003, of which up to $15,000,000 for each of fiscal year 
2002 and fiscal year 2003 may be used to establish several new centers 
of excellence, selected through a competitive peer-review process and 
devoted to exploring the frontiers of fusion science.

                 Subtitle B--Spallation Neutron Source

SEC. 521. DEFINITION.

    For the purposes of this subtitle, the term ``Spallation Neutron 
Source'' means Department Project 99-E-334, Oak Ridge National 
Laboratory, Oak Ridge, Tennessee.

SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Construction Funding.--There are authorized to 
be appropriated to the Secretary for construction of the Spallation 
Neutron Source--
            (1) $276,300,000 for fiscal year 2002;
            (2) $210,571,000 for fiscal year 2003;
            (3) $124,600,000 for fiscal year 2004;
            (4) $79,800,000 for fiscal year 2005; and
            (5) $41,100,000 for fiscal year 2006 for completion of 
        construction.
    (b) Authorization of Other Project Funding.--There are authorized 
to be appropriated to the Secretary for other project costs (including 
research and development necessary to complete the project, 
preoperations costs, and capital equipment not related to construction) 
of the Spallation Neutron Source $15,353,000 for fiscal year 2002 and 
$103,279,000 for the period encompassing fiscal years 2003 through 
2006, to remain available until expended through September 30, 2006.

SEC. 523. REPORT.

    The Secretary shall report on the Spallation Neutron Source as part 
of the Department's annual budget submission, including a description 
of the achievement of milestones, a comparison of actual costs to 
estimated costs, and any changes in estimated project costs or 
schedule.

SEC. 524. LIMITATIONS.

    The total amount obligated by the Department, including prior year 
appropriations, for the Spallation Neutron Source may not exceed--
            (1) $1,192,700,000 for costs of construction;
            (2) $219,000,000 for other project costs; and
            (3) $1,411,700,000 for total project cost.

      Subtitle C--Facilities, Infrastructure, and User Facilities

 SEC. 541. DEFINITION.

    For purposes of this subtitle--
            (1) the term ``nonmilitary energy laboratory'' means--
                    (A) Ames Laboratory;
                    (B) Argonne National Laboratory;
                    (C) Brookhaven National Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Lawrence Berkeley National Laboratory;
                    (F) Oak Ridge National Laboratory;
                    (G) Pacific Northwest National Laboratory;
                    (H) Princeton Plasma Physics Laboratory;
                    (I) Stanford Linear Accelerator Center;
                    (J) Thomas Jefferson National Accelerator Facility; 
                or
                    (K) any other facility of the Department that the 
                Secretary, in consultation with the Director, Office of 
                Science and the appropriate congressional committees, 
                determines to be consistent with the mission of the 
                Office of Science; and
            (2) the term ``user facility'' means--
                    (A) an Office of Science facility at a nonmilitary 
                energy laboratory that provides special scientific and 
                research capabilities, including technical expertise 
                and support as appropriate, to serve the research needs 
                of the Nation's universities, industry, private 
                laboratories, Federal laboratories, and others, 
                including research institutions or individuals from 
                other nations where reciprocal accommodations are 
                provided to United States research institutions and 
                individuals or where the Secretary considers such 
                accommodation to be in the national interest; and
                    (B) any other Office of Science funded facility 
                designated by the Secretary as a user facility.

SEC. 542. FACILITY AND INFRASTRUCTURE SUPPORT FOR NONMILITARY ENERGY 
              LABORATORIES.

    (a) Facility Policy.--The Secretary shall develop and implement a 
least-cost nonmilitary energy laboratory facility and infrastructure 
strategy for--
            (1) maintaining existing facilities and infrastructure, as 
        needed;
            (2) closing unneeded facilities;
            (3) making facility modifications; and
            (4) building new facilities.
    (b) Plan.--The Secretary shall prepare a comprehensive 10-year plan 
for conducting future facility maintenance, making repairs, 
modifications, and new additions, and constructing new facilities at 
each nonmilitary energy laboratory. Such plan shall provide for 
facilities work in accordance with the following priorities:
            (1) Providing for the safety and health of employees, 
        visitors, and the general public with regard to correcting 
        existing structural, mechanical, electrical, and environmental 
        deficiencies.
            (2) Providing for the repair and rehabilitation of existing 
        facilities to keep them in use and prevent deterioration, if 
        feasible.
            (3) Providing engineering design and construction services 
        for those facilities that require modification or additions in 
        order to meet the needs of new or expanded programs.
    (c) Report.--
            (1) Transmittal.--Within 1 year after the date of the 
        enactment of this Act, the Secretary shall prepare and transmit 
        to the appropriate congressional committees a report containing 
        the plan prepared under subsection (b).
            (2) Contents.--For each nonmilitary energy laboratory, such 
        report shall contain--
                    (A) the current priority list of proposed 
                facilities and infrastructure projects, including cost 
                and schedule requirements;
                    (B) a current ten-year plan that demonstrates the 
                reconfiguration of its facilities and infrastructure to 
                meet its missions and to address its long-term 
                operational costs and return on investment;
                    (C) the total current budget for all facilities and 
                infrastructure funding; and
                    (D) the current status of each facilities and 
                infrastructure project compared to the original 
                baseline cost, schedule, and scope.
            (3) Additional elements.--The report shall also--
                    (A) include a plan for new facilities and facility 
                modifications at each nonmilitary energy laboratory 
                that will be required to meet the Department's changing 
                missions of the twenty-first century, including 
                schedules and estimates for implementation, and 
                including a section outlining long-term funding 
                requirements consistent with anticipated budgets and 
                annual authorization of appropriations;
                    (B) address the coordination of modernization and 
                consolidation of facilities among the nonmilitary 
                energy laboratories in order to meet changing mission 
                requirements; and
                    (C) provide for annual reports to the appropriate 
                congressional committees on accomplishments, 
                conformance to schedules, commitments, and 
                expenditures.

SEC. 543. USER FACILITIES.

    (a) Notice Requirement.--When the Department makes a user facility 
available to universities and other potential users, or seeks input 
from universities and other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of 
such availability or such need for input to universities and other 
potential users.
    (b) Competition Requirement.--When the Department considers the 
participation of a university or other potential user in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a participant.
    (c) Prohibition.--The Department may not redesignate a user 
facility, as defined by section 541(b) as something other than a user 
facility for avoid the requirements of subsections (a) and (b).

            Subtitle D--Advisory Panel on Office of Science

SEC. 561. ESTABLISHMENT.

    The Director of the Office of Science and Technology Policy, in 
consultation with the Secretary, shall establish an Advisory Panel on 
the Office of Science comprised of knowledgeable individuals to--
            (1) address concerns about the current status and the 
        future of scientific research supported by the Office;
            (2) examine alternatives to the current organizational 
        structure of the Office within the Department, taking into 
        consideration existing structures for the support of scientific 
        research in other Federal agencies and the private sector; and
            (3) suggest actions to strengthen the scientific research 
        supported by the Office that might be taken jointly by the 
        Department and Congress.

SEC. 562. REPORT.

    Within 180 days after the date of the enactment of this Act, the 
Advisory Panel shall transmit its findings and recommendations in a 
report to the Director of the Office of Science and Technology Policy 
and the Secretary. The Director and the Secretary shall jointly--
            (1) consider each of the Panel's findings and 
        recommendations, and comment on each as they consider 
        appropriate; and
            (2) transmit the Panel's report and the comments of the 
        Director and the Secretary on the report to the appropriate 
        congressional committees within 270 days after the date of the 
        enactment of this Act.

    Subtitle E--Department of Energy Authorization of Appropriations

SEC. 581. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operation and Maintenance.--Including the amounts authorized to 
be appropriated for fiscal year 2002 under section 505 for Fusion 
Energy Sciences and under section 522(b) for the Spallation Neutron 
Source, there are authorized to be appropriated to the Secretary for 
the Office of Science (also including High Energy Physics, Nuclear 
Physics, Biological and Environmental Research, Basic Energy Sciences 
(except for the Spallation Neutron Source), Advanced Scientific 
Computing Research, Energy Research Analysis, Multiprogram Energy 
Laboratories-Facilities Support, Facilities and Infrastructure, 
Safeguards and Security, and Program Direction) operation and 
maintenance $3,296,076,000 for fiscal year 2002, to remain available 
until expended.
    (b) Construction.--In addition to the amounts authorized to be 
appropriated under section 522(a) for construction of the Spallation 
Neutron Source, there are authorized to be appropriated to the 
Secretary for Science--
            (1) $11,400,000 for fiscal year 2002 for completion of 
        construction of Project 98-G-304, Neutrinos at the Main 
        Injector, Fermi National Accelerator Laboratory Project;
            (2) $10,000,000 for fiscal year 2002 and $1,405,000 for 
        fiscal year 2003 for completion of construction of Project 01-
        E-300, Laboratory for Comparative and Functional Genomics, Oak 
        Ridge National Laboratory;
            (3) $4,000,000 for fiscal year 2002, $8,000,000 for fiscal 
        year 2003, and $2,000,000 for fiscal year 2004 for completion 
        of construction of Project 02-SC-002, Project Engineering 
        Design (PED), Various Locations;
            (4) $3,183,000 for fiscal year 2002 for completion of 
        construction of Project 02-SC-002, Multiprogram Energy 
        Laboratories Infrastructure Project Engineering Design (PED), 
        Various Locations; and
            (5) $18,133,000 for fiscal year 2002 and $13,029,000 for 
        fiscal year 2003 for completion of construction of Project MEL-
        001, Multiprogram Energy Laboratories, Infrastructure, Various 
        Locations.
    (c) Limits on Use of Funds.--None of the funds authorized to be 
appropriated in subsection (b) may be used for construction at any 
national security laboratory as defined in section 3281(1) of the 
National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 
2471(1)) or at any nuclear weapons production facility as defined in 
section 3281(2) of the National Defense Authorization Act for Fiscal 
Year 2000 (50 U.S.C. 2471(2)).

                        TITLE VI--MISCELLANEOUS

      Subtitle A--General Provisions for the Department of Energy

SEC. 601. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL 
              APPLICATION OF ENERGY TECHNOLOGY PROGRAMS, PROJECTS, AND 
              ACTIVITIES.

    (a) Authorized Activities.--Except as otherwise provided in this 
Act, research, development, demonstration, and commercial application 
programs, projects, and activities for which appropriations are 
authorized under this Act may be carried out under the procedures of 
the Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5901 et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.), or any other Act under which the Secretary is authorized to 
carry out such programs, projects, and activities, but only to the 
extent the Secretary is authorized to carry out such activities under 
each such Act.
    (b) Authorized Agreements.--Except as otherwise provided in this 
Act, in carrying out research, development, demonstration, and 
commercial application programs, projects, and activities for which 
appropriations are authorized under this Act, the Secretary may use, to 
the extent authorized under applicable provisions of law, contracts, 
cooperative agreements, cooperative research and development agreements 
under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.), grants, joint ventures, and any other form of agreement 
available to the Secretary.
    (c) Definition.--For purposes of this section, the term ``joint 
venture'' has the meaning given that term under section 2 of the 
National Cooperative Research and Production Act of 1993 (15 U.S.C. 
4301), except that such term may apply under this section to research, 
development, demonstration, and commercial application of energy 
technology joint ventures.
    (d) Protection of Information.--Section 12(c)(7) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)), 
relating to the protection of information, shall apply to research, 
development, demonstration, and commercial application of energy 
technology programs, projects, and activities for which appropriations 
are authorized under this Act.
    (e) Guidelines and Procedures.--The Secretary shall provide 
guidelines and procedures for the transition, where appropriate, of 
energy technologies from research through development and demonstration 
to commercial application of energy technology. Nothing in this section 
shall preclude the Secretary from--
            (1) entering into a contract, cooperative agreement, 
        cooperative research and development agreement under the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.), grant, joint venture, or any other form of 
        agreement available to the Secretary under this section that 
        relates to research, development, demonstration, and commercial 
        application of energy technology; or
            (2) extending a contract, cooperative agreement, 
        cooperative research and development agreement under the 
        Stevenson-Wydler Technology Innovation Act of 1980, grant, 
        joint venture, or any other form of agreement available to the 
        Secretary that relates to research, development, and 
        demonstration to cover commercial application of energy 
        technology.
    (f) Application of Section.--This section shall not apply to any 
contract, cooperative agreement, cooperative research and development 
agreement under the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.), grant, joint venture, or any other form of 
agreement available to the Secretary that is in effect as of the date 
of enactment of this Act.

SEC. 602. LIMITS ON USE OF FUNDS.

    (a) Federal Acquisition Regulation.--
            (1) Requirement.--None of the funds authorized to be 
        appropriated to the Secretary by this Act may be used to award, 
        amend, or modify a contract of the Department in a manner that 
        deviates from the Federal Acquisition Regulation, unless the 
        Secretary grants, on a case-by-case basis, a waiver to allow 
        for such a deviation. The Secretary may not delegate the 
        authority to grant such a waiver.
            (2) Congressional notice.--At least 60 days before a 
        contract award, amendment, or modification for which the 
        Secretary intends to grant such a waiver, the Secretary shall 
        submit to the appropriate congressional committees a report 
        notifying the committees of the waiver and setting forth the 
        reasons for the waiver.
    (b) Management and Operating Contracts.--
            (1) Competitive procedure requirement.--None of the funds 
        authorized to be appropriated to the Secretary by this Act may 
        be used to award a management and operating contract for a 
        federally owned or operated nonmilitary energy laboratory of 
        the Department unless such contract is awarded using 
        competitive procedures or the Secretary grants, on a case-by-
        case basis, a waiver to allow for such a deviation. The 
        Secretary may not delegate the authority to grant such a 
        waiver.
            (2) Congressional notice.--At least 60 days before a 
        contract award, amendment, or modification for which the 
        Secretary intends to grant such a waiver, the Secretary shall 
        submit to the appropriate congressional committees a report 
        notifying the committees of the waiver and setting forth the 
        reasons for the waiver.
    (c) Production or Provision of Articles or Services.--None of the 
funds authorized to be appropriated to the Secretary by this Act may be 
used to produce or provide articles or services for the purpose of 
selling the articles or services to a person outside the Federal 
Government, unless the Secretary determines that comparable articles or 
services are not available from a commercial source in the United 
States.
    (d) Requests for Proposals.--None of the funds authorized to be 
appropriated to the Secretary by this Act may be used by the Department 
to prepare or initiate Requests for Proposals for a program, project, 
or activity if the program, project, or activity has not been 
specifically authorized by Congress.
    (e) Trade Associations.--None of the funds authorized to be 
appropriated to the Secretary by this Act may be used either directly 
or indirectly to fund a grant, contract, subcontract, or any other form 
of financial assistance awarded by the Department to a trade 
association on a noncompetitive basis. As part of the Department's 
annual budget request submission to the Congress, the Secretary shall 
submit a report to the appropriate congressional committees that 
identifies--
            (1) the estimated amount of funds provided by the 
        Department to trade associations, by trade association, for the 
        fiscal year of such budget submission, as well as for the 2 
        previous fiscal years;
            (2) the services either provided or to be provided by each 
        such trade association; and
            (3) the sources of funds for services provided by each such 
        trade association.

SEC. 603. COST SHARING.

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

SEC. 604. LIMITATION ON DEMONSTRATION AND COMMERCIAL APPLICATION OF 
              ENERGY TECHNOLOGY.

    Except as otherwise provided in this Act, the Secretary shall 
provide funding for scientific or energy demonstration and commercial 
application of energy technology programs, projects, or activities only 
for technologies or processes that can be reasonably expected to yield 
new, measurable benefits to the cost, efficiency, or performance of the 
technology or process.

SEC. 605. REPROGRAMMING.

    (a) Authority.--The Secretary may use amounts appropriated under 
this Act for a program, project, or activity other than the program, 
project, or activity for which such amounts were appropriated only if--
            (1) the Secretary has transmitted to the appropriate 
        congressional committees a report described in subsection (b) 
        and a period of 30 days has elapsed after such committees 
        receive the report;
            (2) amounts used for the program, project, or activity do 
        not exceed--
                    (A) 105 percent of the amount authorized for the 
                program, project, or activity; or
                    (B) $250,000 more than the amount authorized for 
                the program, project, or activity,
        whichever is less; and
            (3) the program, project, or activity has been presented 
        to, or requested of, the Congress by the Secretary.
    (b) Report.--(1) The report referred to in subsection (a) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support of 
the proposed action.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated by the Secretary pursuant to this Act exceed the total amount 
authorized to be appropriated to the Secretary by this Act.
    (2) Funds appropriated to the Secretary pursuant to this Act may 
not be used for an item for which Congress has declined to authorize 
funds.

               Subtitle B--Other Miscellaneous Provisions

SEC. 611. NOTICE OF REORGANIZATION.

    The Secretary shall provide notice to the appropriate congressional 
committees not later than 15 days before any reorganization of any 
environmental research or development, scientific or energy research, 
development, or demonstration, or commercial application of energy 
technology program, project, or activity of the Department.

SEC. 612. LIMITS ON GENERAL PLANT PROJECTS.

    If, at any time during the construction of a civilian environmental 
research and development, scientific or energy research, development, 
or demonstration, or commercial application of energy technology 
project of the Department for which no specific funding level is 
provided by law, the estimated cost (including any revision thereof) of 
the project exceeds $2,000,000, the Secretary may not continue such 
construction unless the Secretary has furnished a complete report to 
the appropriate congressional committees explaining the project and the 
reasons for the estimate or revision.

SEC. 613. LIMITS ON CONSTRUCTION PROJECTS.

    (a) Limitation.--Except as provided in subsection (b), construction 
on a civilian environmental research and development, scientific or 
energy research, development, or demonstration, or commercial 
application of energy technology project of the Department for which 
funding has been specifically provided by law may not be started, and 
additional obligations may not be incurred in connection with the 
project above the authorized funding amount, whenever the current 
estimated cost of the construction project exceeds by more than 10 
percent the higher of--
            (1) the amount authorized for the project, if the entire 
        project has been funded by the Congress; or
            (2) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to Congress.
    (b) Notice.--An action described in subsection (a) may be taken 
if--
            (1) the Secretary has submitted to the appropriate 
        congressional committees a report on the proposed actions and 
        the circumstances making such actions necessary; and
            (2) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (c) Exclusion.--In the computation of the 30-day period described 
in subsection (b)(2), there shall be excluded any day on which either 
House of Congress is not in session because of an adjournment of more 
than 3 days to a day certain.
    (d) Exception.--Subsections (a) and (b) shall not apply to any 
construction project that has a current estimated cost of less than 
$2,000,000.

SEC. 614. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement for Conceptual Design.--(1) Subject to paragraph 
(2) and except as provided in paragraph (3), before submitting to 
Congress a request for funds for a construction project that is in 
support of a civilian environmental research and development, 
scientific or energy research, development, or demonstration, or 
commercial application of energy technology program, project, or 
activity of the Department, the Secretary shall complete a conceptual 
design for that project.
    (2) If the estimated cost of completing a conceptual design for a 
construction project exceeds $750,000, the Secretary shall submit to 
Congress a request for funds for the conceptual design before 
submitting a request for funds for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request 
for funds for a construction project, the total estimated cost of which 
is less than $2,000,000.
    (b) Authority for Construction Design.--(1) The Secretary may carry 
out construction design (including architectural and engineering 
services) in connection with any proposed construction project that is 
in support of a civilian environmental research and development, 
scientific or energy research, development, and demonstration, or 
commercial application of energy technology program, project, or 
activity of the Department if the total estimated cost for such design 
does not exceed $250,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project described in paragraph (1) 
exceeds $250,000, funds for such design must be specifically authorized 
by law.

SEC. 615. NATIONAL ENERGY POLICY DEVELOPMENT GROUP MANDATED REPORTS.

    (a) The Secretary's Review of Energy Efficiency Renewable Energy, 
and Alternative Energy Research and Development.--Upon completion of 
the Secretary's review of current funding and historic performance of 
the Department's energy efficiency, renewable energy, and alternative 
energy research and development programs in response to the 
recommendations of the May 16, 2001, Report of the National Energy 
Policy Development Group, the Secretary shall transmit a report 
containing the results of such review to the appropriate congressional 
committees.
    (b) Review and Recommendations on Using the Nation's Energy 
Resources More Efficiently.--Upon completion of the Office of Science 
and Technology Policy and the President's Council of Advisors on 
Science and Technology reviewing and making recommendations on using 
the Nation's energy resources more efficiently, in response to the 
recommendation of the May 16, 2001, Report of the National Energy 
Policy Development Group, the Director of the Office of Science and 
Technology Policy shall transmit a report containing the results of 
such review and recommendations to the appropriate congressional 
committees.

SEC. 616. INDEPENDENT REVIEWS AND ASSESSMENTS.

    (a) Periodic Reviews and Assessments.--The Secretary shall enter 
into appropriate arrangements with the National Academies of Sciences 
and Engineering to ensure that there be periodic reviews and 
assessments of the programs, projects, and activities authorized by 
this Act, as well as the goals for such programs, projects, and 
activities as established under section 4. Such reviews and assessments 
shall be conducted at least biennially, and the Secretary shall 
transmit to the appropriate congressional committees reports containing 
the results of such reviews and assessments.
    (b) Independent Assessment of Accomplishments.--Not later than 180 
days after the date of the enactment of this Act, the Administrator and 
the Secretary shall jointly prepare and transmit to the appropriate 
congressional committees a report on the Environmental Protection 
Agency Office of Air and Radiation programs authorized under this Act, 
all programs of the Office of Energy Efficiency and Renewable Energy, 
and any programs of other appropriate offices of the Department that 
may duplicate the programs of those 2 offices, that delineates the 
similarities and differences between the programs. Such report shall 
also provide for an independent, peer-reviewed assessment of the 
performance goals of these programs, the progress being made in meeting 
those goals, and the accomplishments of these programs.
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