[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4500 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4500

            To provide for energy research and development.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2004

 Mr. Boehlert (for himself and Mrs. Biggert) introduced the following 
 bill; which was referred to the Committee on Science, and in addition 
   to the Committees on Resources and the Budget, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
            To provide for energy research and development.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Science Act of 2004''.

                   TITLE I--RESEARCH AND DEVELOPMENT

SEC. 101. GOALS.

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

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Departmental mission.--The term ``departmental 
        mission'' means any of the functions vested in the Secretary of 
        Energy by the Department of Energy Organization Act (42 U.S.C. 
        7101 et seq.) or other law.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) National laboratory.--The term ``National Laboratory'' 
        means any of the following laboratories owned by the 
        Department:
                    (A) Ames Laboratory.
                    (B) Argonne National Laboratory.
                    (C) Brookhaven National Laboratory.
                    (D) Fermi National Accelerator Laboratory.
                    (E) Idaho National Engineering and Environmental 
                Laboratory.
                    (F) Lawrence Berkeley National Laboratory.
                    (G) Lawrence Livermore National Laboratory.
                    (H) Los Alamos National Laboratory.
                    (I) National Energy Technology Laboratory.
                    (J) National Renewable Energy Laboratory.
                    (K) Oak Ridge National Laboratory.
                    (L) Pacific Northwest National Laboratory.
                    (M) Princeton Plasma Physics Laboratory.
                    (N) Sandia National Laboratories.
                    (O) Stanford Linear Accelerator Center.
                    (P) Thomas Jefferson National Accelerator Facility.
            (5) Nonmilitary energy laboratory.--The term ``nonmilitary 
        energy laboratory'' means the laboratories listed in paragraph 
        (4), except for those listed in subparagraphs (G), (H), and 
        (N).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Single-purpose research facility.--The term ``single-
        purpose research facility'' means any of the primarily single-
        purpose entities owned by the Department or any other 
        organization of the Department designated by the Secretary.

                     Subtitle A--Energy Efficiency

SEC. 104. ENERGY EFFICIENCY.

    (a) In General.--The following sums are authorized to be 
appropriated to the Secretary for energy efficiency and conservation 
research, development, demonstration, and commercial application 
activities, including activities authorized under this subtitle:
            (1) For fiscal year 2004, $616,000,000.
            (2) For fiscal year 2005, $695,000,000.
            (3) For fiscal year 2006, $772,000,000.
            (4) For fiscal year 2007, $865,000,000.
            (5) For fiscal year 2008, $920,000,000.
    (b) Allocations.--From amounts authorized under subsection (a), the 
following sums are authorized:
            (1) For activities under section 105--
                    (A) for fiscal year 2004, $20,000,000;
                    (B) for fiscal year 2005, $30,000,000;
                    (C) for fiscal year 2006, $50,000,000;
                    (D) for fiscal year 2007, $50,000,000; and
                    (E) for fiscal year 2008, $50,000,000.
            (2) For activities under section 107--
                    (A) for fiscal year 2004, $4,000,000; and
                    (B) for each of fiscal years 2005 through 2008, 
                $7,000,000.
            (3) For activities under section 108--
                    (A) for fiscal year 2004, $20,000,000;
                    (B) for fiscal year 2005, $25,000,000;
                    (C) for fiscal year 2006, $30,000,000;
                    (D) for fiscal year 2007, $35,000,000; and
                    (E) for fiscal year 2008, $40,000,000.
            (4) For activities under section 109, $2,000,000 for each 
        of fiscal years 2005 through 2008.
    (c) Extended Authorization.--There are authorized to be 
appropriated to the Secretary for activities under section 105, 
$50,000,000 for each of fiscal years 2009 through 2013.
    (d) Limitation on Use of Funds.--None of the funds authorized to be 
appropriated under this section may be used for--
            (1) the issuance and implementation of energy efficiency 
        regulations;
            (2) the Weatherization Assistance Program under part A of 
        title IV of the Energy Conservation and Production Act (42 
        U.S.C. 6861 et seq.);
            (3) the State Energy Program under part D of title III of 
        the Energy Policy and Conservation Act (42 U.S.C. 6321 et 
        seq.); or
            (4) the Federal Energy Management Program under part 3 of 
        title V of the National Energy Conservation Policy Act (42 
        U.S.C. 8251 et seq.).

SEC. 105. NEXT GENERATION LIGHTING INITIATIVE.

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

SEC. 106. NATIONAL BUILDING PERFORMANCE INITIATIVE.

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

SEC. 107. SECONDARY ELECTRIC VEHICLE BATTERY USE PROGRAM.

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

SEC. 108. ENERGY EFFICIENCY SCIENCE INITIATIVE.

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

SEC. 109. ELECTRIC MOTOR CONTROL TECHNOLOGY.

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

SEC. 110. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.

    (a) Grants.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall make grants to nonprofit institutions, 
State and local governments, or universities (or consortia thereof), to 
establish a geographically dispersed network of Advanced Energy 
Technology Transfer Centers, to be located in areas the Secretary 
determines have the greatest need of the services of such Centers.
    (b) Activities.--
            (1) In general.--Each Center shall operate a program to 
        encourage demonstration and commercial application of advanced 
        energy methods and technologies through education and outreach 
        to building and industrial professionals, and to other 
        individuals and organizations with an interest in efficient 
        energy use.
            (2) Advisory panel.--Each Center shall establish an 
        advisory panel to advise the Center on how best to accomplish 
        the activities under paragraph (1).
    (c) Application.--A person seeking a grant under this section shall 
submit to the Secretary an application in such form and containing such 
information as the Secretary may require. The Secretary may award a 
grant under this section to an entity already in existence if the 
entity is otherwise eligible under this section.
    (d) Selection Criteria.--The Secretary shall award grants under 
this section on the basis of the following criteria, at a minimum:
            (1) The ability of the applicant to carry out the 
        activities in subsection (b).
            (2) The extent to which the applicant will coordinate the 
        activities of the Center with other entities, such as State and 
        local governments, utilities, and educational and research 
        institutions.
    (e) Matching Funds.--The Secretary shall require a non-Federal 
matching requirement of at least 50 percent of the costs of 
establishing and operating each Center.
    (f) Advisory Committee.--The Secretary shall establish an advisory 
committee to advise the Secretary on the establishment of Centers under 
this section. The advisory committee shall be composed of individuals 
with expertise in the area of advanced energy methods and technologies, 
including at least 1 representative from--
            (1) State or local energy offices;
            (2) energy professionals;
            (3) trade or professional associations;
            (4) architects, engineers, or construction professionals;
            (5) manufacturers;
            (6) the research community; and
            (7) nonprofit energy or environmental organizations.
    (g) Definitions.--For purposes of this section:
            (1) Advanced energy methods and technologies.--The term 
        ``advanced energy methods and technologies'' means all methods 
        and technologies that promote energy efficiency and 
        conservation, including distributed generation technologies, 
        and life-cycle analysis of energy use.
            (2) Center.--The term ``Center'' means an Advanced Energy 
        Technology Transfer Center established pursuant to this 
        section.
            (3) Distributed generation.--The term ``distributed 
        generation'' means an electric power generation facility that 
        is designed to serve retail electric consumers at or near the 
        facility site.

       Subtitle B--Distributed Energy and Electric Energy Systems

SEC. 111. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS.

    (a) In General.--The following sums are authorized to be 
appropriated to the Secretary for distributed energy and electric 
energy systems activities, including activities authorized under this 
subtitle:
            (1) For fiscal year 2004, $190,000,000.
            (2) For fiscal year 2005, $200,000,000.
            (3) For fiscal year 2006, $220,000,000.
            (4) For fiscal year 2007, $240,000,000.
            (5) For fiscal year 2008, $260,000,000.
    (b) Micro-Cogeneration Energy Technology.--From amounts authorized 
under subsection (a), $20,000,000 for each of fiscal years 2004 and 
2005 is authorized for activities under section 114.

SEC. 112. HYBRID DISTRIBUTED POWER SYSTEMS.

    (a) Requirement.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall develop and transmit to Congress a 
strategy for a comprehensive research, development, demonstration, and 
commercial application program to develop hybrid distributed power 
systems that combine--
            (1) 1 or more renewable electric power generation 
        technologies of 10 megawatts or less located near the site of 
        electric energy use; and
            (2) nonintermittent electric power generation technologies 
        suitable for use in a distributed power system.
    (b) Contents.--The strategy shall--
            (1) identify the needs best met with such hybrid 
        distributed power systems and the technological barriers to the 
        use of such systems;
            (2) provide for the development of methods to design, test, 
        integrate into systems, and operate such hybrid distributed 
        power systems;
            (3) include, as appropriate, research, development, 
        demonstration, and commercial application on related 
        technologies needed for the adoption of such hybrid distributed 
        power systems, including energy storage devices and 
        environmental control technologies;
            (4) include research, development, demonstration, and 
        commercial application of interconnection technologies for 
        communications and controls of distributed generation 
        architectures, particularly technologies promoting real-time 
        response to power market information and physical conditions on 
        the electrical grid; and
            (5) describe how activities under the strategy will be 
        integrated with other research, development, demonstration, and 
        commercial application activities supported by the Department 
        related to electric power technologies.

SEC. 113. HIGH POWER DENSITY INDUSTRY PROGRAM.

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

SEC. 114. MICRO-COGENERATION ENERGY TECHNOLOGY.

     The Secretary shall make competitive, merit-based grants to 
consortia for the development of micro-cogeneration energy technology. 
The consortia shall explore--
            (1) the use of small-scale combined heat and power in 
        residential heating appliances; and
            (2) the use of excess power to operate other appliances 
        within the residence and supply excess generated power to the 
        power grid.

SEC. 115. DISTRIBUTED ENERGY TECHNOLOGY DEMONSTRATION PROGRAM.

     The Secretary, within the sums authorized under section 111(a), 
may provide financial assistance to coordinating consortia of 
interdisciplinary participants for demonstrations designed to 
accelerate the utilization of distributed energy technologies, such as 
fuel cells, microturbines, reciprocating engines, thermally activated 
technologies, and combined heat and power systems, in highly energy 
intensive commercial applications.

SEC. 116. RECIPROCATING POWER.

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

                      Subtitle C--Renewable Energy

SEC. 118. RENEWABLE ENERGY.

    (a) In General.--The following sums are authorized to be 
appropriated to the Secretary for renewable energy research, 
development, demonstration, and commercial application activities, 
including activities authorized under this subtitle:
            (1) For fiscal year 2004, $480,000,000.
            (2) For fiscal year 2005, $550,000,000.
            (3) For fiscal year 2006, $610,000,000.
            (4) For fiscal year 2007, $659,000,000.
            (5) For fiscal year 2008, $710,000,000.
    (b) Bioenergy.--From the amounts authorized under subsection (a), 
the following sums are authorized to be appropriated to carry out 
section 119:
            (1) For fiscal year 2004, $135,425,000.
            (2) For fiscal year 2005, $155,600,000.
            (3) For fiscal year 2006, $167,650,000.
            (4) For fiscal year 2007, $180,000,000.
            (5) For fiscal year 2008, $192,000,000.
    (c) Concentrating Solar Power.--From amounts authorized under 
subsection (a), the following sums are authorized to be appropriated to 
carry out section 120:
            (1) For fiscal year 2004, $20,000,000.
            (2) For fiscal year 2005, $40,000,000.
            (3) For each of fiscal years 2006, 2007 and 2008, 
        $50,000,000.
    (d) Public Buildings.--From the amounts authorized under subsection 
(a), $30,000,000 for each of the fiscal years 2004 through 2008 are 
authorized to be appropriated to carry out section 122.
    (e) Limits on Use of Funds.--
            (1) No funds for renewable support and implementation.--
        None of the funds authorized to be appropriated under this 
        section may be used for Renewable Support and Implementation.
            (2) Grants.--Of the funds authorized under subsection (b), 
        not less than $5,000,000 for each fiscal year shall be made 
        available for grants to Historically Black Colleges and 
        Universities, Tribal Colleges, and Hispanic-Serving 
        Institutions.
            (3) Regional field verification program.--Of the funds 
        authorized under subsection (a), not less than $4,000,000 for 
        each fiscal year shall be made available for the Regional Field 
        Verification Program of the Department.
            (4) Off-stream pumped storage hydropower.--Of the funds 
        authorized under subsection (a), such sums as may be necessary 
        shall be made available for demonstration projects of off-
        stream pumped storage hydropower.
    (f) Consultation.--In carrying out this subtitle, the Secretary, in 
consultation with the Secretary of Agriculture, shall demonstrate the 
use of advanced wind power technology, including combined use with coal 
gasification; biomass; geothermal energy systems; and other renewable 
energy technologies to assist in delivering electricity to rural and 
remote locations.

SEC. 119. BIOENERGY PROGRAMS.

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

SEC. 120. CONCENTRATING SOLAR POWER RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary shall conduct a program of research 
and development to evaluate the potential of concentrating solar power 
for hydrogen production, including cogeneration approaches for both 
hydrogen and electricity. Such program shall take advantage of existing 
facilities to the extent possible and shall include--
            (1) development of optimized technologies that are common 
        to both electricity and hydrogen production;
            (2) evaluation of thermochemical cycles for hydrogen 
        production at the temperatures attainable with concentrating 
        solar power;
            (3) evaluation of materials issues for the thermochemical 
        cycles described in paragraph (2);
            (4) system architectures and economics studies; and
            (5) coordination with activities in the Advanced Reactor 
        Hydrogen Cogeneration Project on high temperature materials, 
        thermochemical cycles, and economic issues.
    (b) Assessment.--In carrying out the program under this section, 
the Secretary shall--
            (1) assess conflicting guidance on the economic potential 
        of concentrating solar power for electricity production 
        received from the National Research Council report entitled 
        ``Renewable Power Pathways: A Review of the U.S. Department of 
        Energy's Renewable Energy Programs'' in 2000 and subsequent 
        Department-funded reviews of that report; and
            (2) provide an assessment of the potential impact of the 
        technology before, or concurrent with, submission of the fiscal 
        year 2006 budget.
    (c) Report.--Not later than 5 years after the date of enactment of 
this Act, the Secretary shall provide a report to Congress on the 
economic and technical potential for electricity or hydrogen 
production, with or without cogeneration, with concentrating solar 
power, including the economic and technical feasibility of potential 
construction of a pilot demonstration facility suitable for commercial 
production of electricity or hydrogen from concentrating solar power.

SEC. 121. MISCELLANEOUS PROJECTS.

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

SEC. 122. RENEWABLE ENERGY IN PUBLIC BUILDINGS.

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

SEC. 123. STUDY OF MARINE RENEWABLE ENERGY OPTIONS.

    (a) In General.--The Secretary shall enter into an arrangement with 
the National Academy of Sciences to conduct a study on--
            (1) the feasibility of various methods of renewable 
        generation of energy from the ocean, including energy from 
        waves, tides, currents, and thermal gradients; and
            (2) the research, development, demonstration, and 
        commercial application activities required to make marine 
        renewable energy generation competitive with other forms of 
        electricity generation.
    (b) Transmittal.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall transmit the study to Congress along 
with the Secretary's recommendations for implementing the results of 
the study.

                       Subtitle D--Nuclear Energy

SEC. 124. NUCLEAR ENERGY.

    (a) Core Programs.--The following sums are authorized to be 
appropriated to the Secretary for nuclear energy research, development, 
demonstration, and commercial application activities, including 
activities authorized under this subtitle, other than those described 
in subsection (b):
            (1) For fiscal year 2004, $273,000,000.
            (2) For fiscal year 2005, $355,000,000.
            (3) For fiscal year 2006, $430,000,000.
            (4) For fiscal year 2007, $455,000,000.
            (5) For fiscal year 2008, $545,000,000.
    (b) Nuclear Infrastructure Support.--The following sums are 
authorized to be appropriated to the Secretary for activities under 
section 125(e):
            (1) For fiscal year 2004, $125,000,000.
            (2) For fiscal year 2005, $130,000,000.
            (3) For fiscal year 2006, $135,000,000.
            (4) For fiscal year 2007, $140,000,000.
            (5) For fiscal year 2008, $145,000,000.
    (c) Allocations.--From amounts authorized under subsection (a), the 
following sums are authorized:
            (1) For activities under section 126--
                    (A) for fiscal year 2004, $140,000,000;
                    (B) for fiscal year 2005, $145,000,000;
                    (C) for fiscal year 2006, $150,000,000;
                    (D) for fiscal year 2007, $155,000,000; and
                    (E) for fiscal year 2008, $275,000,000.
            (2) For activities under section 127--
                    (A) for fiscal year 2004, $35,200,000;
                    (B) for fiscal year 2005, $44,350,000;
                    (C) for fiscal year 2006, $49,200,000;
                    (D) for fiscal year 2007, $54,950,000; and
                    (E) for fiscal year 2008, $60,000,000.
            (3) For activities under section 129, for each of fiscal 
        years 2004 through 2008, $6,000,000.
    (d) Limitation on Use of Funds.--None of the funds authorized under 
this section may be used for decommissioning the Fast Flux Test 
Facility.

SEC. 125. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.

    (a) Nuclear Energy Research Initiative.--The Secretary shall carry 
out a Nuclear Energy Research Initiative for research and development 
related to nuclear energy.
    (b) Nuclear Energy Plant Optimization Program.--The Secretary shall 
carry out a Nuclear Energy Plant Optimization Program to support 
research and development activities addressing reliability, 
availability, productivity, component aging, safety, and security of 
existing nuclear power plants.
    (c) Nuclear Power 2010 Program.--The Secretary shall carry out a 
Nuclear Power 2010 Program, consistent with recommendations in the 
October 2001 report entitled ``A Roadmap to Deploy New Nuclear Power 
Plants in the United States by 2010'' issued by the Nuclear Energy 
Research Advisory Committee of the Department. Whatever type of reactor 
is chosen for the hydrogen cogeneration project under subtitle C of 
title VI, that type shall not be addressed in the Program under this 
section. The Program shall include--
            (1) support for first-of-a-kind engineering design and 
        certification expenses of advanced nuclear power plant designs, 
        which offer improved safety and economics over current 
        conventional plants and the promise of near-term to medium-term 
        commercial deployment;
            (2) action by the Secretary to encourage domestic power 
        companies to install new nuclear plant capacity as soon as 
        possible;
            (3) utilization of the expertise and capabilities of 
        industry, universities, and National Laboratories in evaluation 
        of advanced nuclear fuel cycles and fuels testing;
            (4) consideration of proliferation-resistant passively-
        safe, small reactors suitable for long-term electricity 
        production without refueling and suitable for use in remote 
        installations;
            (5) participation of international collaborators in 
        research, development, design, and deployment efforts as 
        appropriate and consistent with United States interests in 
        nonproliferation of nuclear weapons;
            (6) encouragement for university and industry 
        participation; and
            (7) selection of projects such as to strengthen the 
        competitive position of the domestic nuclear power industrial 
        infrastructure.
    (d) Generation IV Nuclear Energy Systems Initiative.--The Secretary 
shall carry out a Generation IV Nuclear Energy Systems Initiative to 
develop an overall technology plan and to support research and 
development necessary to make an informed technical decision about the 
most promising candidates for eventual commercial application. The 
Initiative shall examine advanced proliferation-resistant and passively 
safe reactor designs, including designs that--
            (1) are economically competitive with other electric power 
        generation plants;
            (2) have higher efficiency, lower cost, and improved safety 
        compared to reactors in operation on the date of enactment of 
        this Act;
            (3) use fuels that are proliferation-resistant and have 
        substantially reduced production of high-level waste per unit 
        of output; and
            (4) use improved instrumentation.
    (e) Nuclear Infrastructure Support.--The Secretary shall develop 
and implement a strategy for the facilities of the Office of Nuclear 
Energy, Science, and Technology and shall transmit a report containing 
the strategy along with the President's budget request to Congress for 
fiscal year 2006.

SEC. 126. ADVANCED FUEL CYCLE INITIATIVE.

    (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 evaluate 
proliferation-resistant fuel recycling and transmutation technologies 
that minimize environmental or public health and safety impacts as an 
alternative to aqueous reprocessing technologies deployed as of the 
date of enactment of this Act 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. Opportunities to enhance progress of the program 
through international cooperation should be sought.
    (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.

SEC. 127. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.

    (a) Establishment.--The Secretary shall support a program to invest 
in human resources and infrastructure in the nuclear sciences and 
engineering and related fields (including health physics and nuclear 
and radiochemistry), consistent with departmental missions related to 
civilian nuclear research and development.
    (b) Duties.--In carrying out the program under this section, the 
Secretary shall establish fellowship and faculty assistance programs, 
as well as provide support for fundamental research and encourage 
collaborative research among industry, National Laboratories, and 
universities through the Nuclear Energy Research Initiative. The 
Secretary is encouraged to support activities addressing the entire 
fuel cycle through involvement of both the Office of Nuclear Energy, 
Science, and Technology and the Office of Civilian Radioactive Waste 
Management. The Secretary shall support communication and outreach 
related to nuclear science, engineering, and nuclear waste management, 
consistent with interests of the United States in nonproliferation of 
nuclear weapons capabilities.
    (c) Strengthening University Research and Training Reactors and 
Associated Infrastructure.--Activities under this section may include--
            (1) converting research and training reactors currently 
        using high-enrichment fuels to low-enrichment fuels, upgrading 
        operational instrumentation, and sharing of reactors among 
        institutions of higher education;
            (2) providing technical assistance, in collaboration with 
        the United States nuclear industry, in relicensing and 
        upgrading research and training reactors as part of a student 
        training program; and
            (3) providing funding, through the Innovations in Nuclear 
        Infrastructure and Education Program, for reactor improvements 
        as part of a focused effort that emphasizes research, training, 
        and education.
    (d) University National Laboratory Interactions.--The Secretary 
shall develop sabbatical fellowship and visiting scientist programs to 
encourage sharing of personnel between National Laboratories and 
universities.
    (e) Operating and Maintenance Costs.--Funding for a research 
project provided under this section may be used to offset a portion of 
the operating and maintenance costs of a research and training reactor 
at an institution of higher education used in the research project.

SEC. 128. SECURITY OF REACTOR DESIGNS.

    The Secretary, through the Director of the Office of Nuclear 
Energy, Science, and Technology, shall conduct a research and 
development program on cost-effective technologies for increasing the 
safety of reactor designs from natural phenomena and the security of 
reactor designs from deliberate attacks.

SEC. 129. ALTERNATIVES TO INDUSTRIAL RADIOACTIVE SOURCES.

    (a) Study.--The Secretary shall conduct a study and provide a 
report to Congress not later than August 1, 2004. The study shall--
            (1) survey industrial applications of large radioactive 
        sources, including well-logging sources;
            (2) review current domestic and international Department, 
        Department of Defense, Department of State, and commercial 
        programs to manage and dispose of radioactive sources;
            (3) discuss disposal options and practices for currently 
        deployed or future sources and, if deficiencies are noted in 
        existing disposal options or practices for either deployed or 
        future sources, recommend options to remedy deficiencies; and
            (4) develop a program plan for research and development to 
        develop alternatives to large industrial sources that reduce 
        safety, environmental, or proliferation risks to either workers 
        using the sources or the public.
    (b) Program.--The Secretary shall establish a research and 
development program to implement the program plan developed under 
subsection (a)(4). The program shall include miniaturized particle 
accelerators for well-logging or other industrial applications and 
portable accelerators for production of short-lived radioactive 
materials at an industrial site.

SEC. 130. GEOLOGICAL ISOLATION OF SPENT FUEL.

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

                       Subtitle E--Fossil Energy

                       PART I--RESEARCH PROGRAMS

SEC. 131. FOSSIL ENERGY.

    (a) In General.--The following sums are authorized to be 
appropriated to the Secretary for fossil energy research, development, 
demonstration, and commercial application activities, including 
activities authorized under this part:
            (1) For fiscal year 2004, $530,000,000.
            (2) For fiscal year 2005, $556,000,000.
            (3) For fiscal year 2006, $583,000,000.
            (4) For fiscal year 2007, $611,000,000.
            (5) For fiscal year 2008, $626,000,000.
    (b) Allocations.--From amounts authorized under subsection (a), the 
following sums are authorized:
            (1) For activities under section 132(b)(2), $28,000,000 for 
        each of the fiscal years 2004 through 2008.
            (2) For activities under section 134--
                    (A) for fiscal year 2004, $12,000,000;
                    (B) for fiscal year 2005, $15,000,000; and
                    (C) for each of fiscal years 2006 through 2008, 
                $20,000,000.
            (3) For activities under section 135--
                    (A) for fiscal year 2004, $259,000,000;
                    (B) for fiscal year 2005, $272,000,000;
                    (C) for fiscal year 2006, $285,000,000;
                    (D) for fiscal year 2007, $298,000,000; and
                    (E) for fiscal year 2008, $308,000,000.
            (4) For the Office of Arctic Energy under section 3197 of 
        the Floyd D. Spence National Defense Authorization Act for 
        Fiscal Year 2001 (42 U.S.C. 7144d), $25,000,000 for each of 
        fiscal years 2004 through 2008.
            (5) For activities under section 133, $4,000,000 for fiscal 
        year 2004 and $2,000,000 for each of fiscal years 2005 through 
        2008.
    (c) Extended Authorization.--There are authorized to be 
appropriated to the Secretary for the Office of Arctic Energy under 
section 3197 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (42 U.S.C. 7144d), $25,000,000 for each of fiscal 
years 2009 through 2012.
    (d) Limits on Use of Funds.--
            (1) No funds for certain programs.--None of the funds 
        authorized under this section may be used for Fossil Energy 
        Environmental Restoration or Import/Export Authorization.
            (2) Institutions of higher education.--Of the funds 
        authorized under subsection (b)(2), not less than 20 percent of 
        the funds appropriated for each fiscal year shall be dedicated 
        to research and development carried out at institutions of 
        higher education.

SEC. 132. OIL AND GAS RESEARCH PROGRAMS.

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

SEC. 133. TECHNOLOGY TRANSFER.

    The Secretary shall establish a competitive program to award a 
contract to a nonprofit entity for the purpose of transferring 
technologies developed with public funds. The entity selected under 
this section shall have experience in offshore oil and gas technology 
research management, in the transfer of technologies developed with 
public funds to the offshore and maritime industry, and in management 
of an offshore and maritime industry consortium. The program consortium 
selected under section 142 shall not be eligible for selection under 
this section. When appropriate, the Secretary shall consider utilizing 
the entity selected under this section when implementing the activities 
authorized by section 175.

SEC. 134. RESEARCH AND DEVELOPMENT FOR COAL MINING TECHNOLOGIES.

    (a) Establishment.--The Secretary shall carry out a program of 
research and development on coal mining technologies. The Secretary 
shall cooperate with appropriate Federal agencies, coal producers, 
trade associations, equipment manufacturers, institutions of higher 
education with mining engineering departments, and other relevant 
entities.
    (b) Program.--The research and development activities carried out 
under this section shall--
            (1) be guided by the mining research and development 
        priorities identified by the Mining Industry of the Future 
        Program and in the recommendations from relevant reports of the 
        National Academy of Sciences on mining technologies;
            (2) include activities exploring minimization of 
        contaminants in mined coal that contribute to environmental 
        concerns including development and demonstration of 
        electromagnetic wave imaging ahead of mining operations;
            (3) develop and demonstrate electromagnetic wave imaging 
        and radar techniques for horizontal drilling in coal beds in 
        order to increase methane recovery efficiency, prevent spoilage 
        of domestic coal reserves, and minimize water disposal 
        associated with methane extraction; and
            (4) expand mining research capabilities at institutions of 
        higher education.

SEC. 135. COAL AND RELATED TECHNOLOGIES PROGRAM.

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

SEC. 136. COMPLEX WELL TECHNOLOGY TESTING FACILITY.

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

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

SEC. 141. PROGRAM AUTHORITY.

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

SEC. 142. ULTRA-DEEPWATER PROGRAM.

    (a) In General.--The Secretary shall carry out the activities under 
section 141(a), to maximize the use of the ultra-deepwater natural gas 
and other petroleum resources of the United States by increasing the 
supply of such resources, through reducing the cost and increasing the 
efficiency of exploration for and production of such resources, while 
improving safety and minimizing environmental impacts.
    (b) Role of the Secretary.--The Secretary shall have ultimate 
responsibility for, and oversight of, all aspects of the program under 
this section.
    (c) Role of the Program Consortium.--
            (1) In general.--The Secretary may contract with a 
        consortium to--
                    (A) manage awards pursuant to subsection (f)(4);
                    (B) make recommendations to the Secretary for 
                project solicitations;
                    (C) disburse funds awarded under subsection (f) as 
                directed by the Secretary in accordance with the annual 
                plan under subsection (e); and
                    (D) carry out other activities assigned to the 
                program consortium by this section.
            (2) Limitation.--The Secretary may not assign any 
        activities to the program consortium except as specifically 
        authorized under this section.
            (3) Conflict of interest.--
                    (A) Procedures.--The Secretary shall establish 
                procedures--
                            (i) to ensure that each board member, 
                        officer, or employee of the program consortium 
                        who is in a decision-making capacity under 
                        subsection (f)(3) or (4) shall disclose to the 
                        Secretary any financial interests in, or 
                        financial relationships with, applicants for or 
                        recipients of awards under this section, 
                        including those of his or her spouse or minor 
                        child, unless such relationships or interests 
                        would be considered to be remote or 
                        inconsequential; and
                            (ii) to require any board member, officer, 
                        or employee with a financial relationship or 
                        interest disclosed under clause (i) to recuse 
                        himself or herself from any review under 
                        subsection (f)(3) or oversight under subsection 
                        (f)(4) with respect to such applicant or 
                        recipient.
                    (B) Failure to comply.--The Secretary may 
                disqualify an application or revoke an award under this 
                section if a board member, officer, or employee has 
                failed to comply with procedures required under 
                subparagraph (A)(ii).
    (d) Selection of the Program Consortium.--
            (1) In general.--The Secretary shall select the program 
        consortium through an open, competitive process.
            (2) Members.--The program consortium may include 
        corporations, trade associations, institutions of higher 
        education, National Laboratories, or other research 
        institutions. After submitting a proposal under paragraph (4), 
        the program consortium may not add members without the consent 
        of the Secretary.
            (3) Tax status.--The program consortium shall be an entity 
        that is exempt from tax under section 501(c)(3) of the Internal 
        Revenue Code of 1986.
            (4) Schedule.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall solicit proposals 
        from eligible consortia to perform the duties in subsection 
        (c)(1), which shall be submitted not later than 360 days after 
        the date of enactment of this Act. The Secretary shall select 
        the program consortium not later than 18 months after such date 
        of enactment.
            (5) Application.--Applicants shall submit a proposal 
        including such information as the Secretary may require. At a 
        minimum, each proposal shall--
                    (A) list all members of the consortium;
                    (B) fully describe the structure of the consortium, 
                including any provisions relating to intellectual 
                property; and
                    (C) describe how the applicant would carry out the 
                activities of the program consortium under this 
                section.
            (6) Eligibility.--To be eligible to be selected as the 
        program consortium, an applicant must be an entity whose 
        members collectively have demonstrated capabilities in planning 
        and managing research, development, demonstration, and 
        commercial application programs in natural gas or other 
        petroleum exploration or production.
            (7) Criterion.--The Secretary shall consider the amount of 
        the fee an applicant proposes to receive under subsection (g) 
        in selecting a consortium under this section.
    (e) Annual Plan.--
            (1) In general.--The program under this section shall be 
        carried out pursuant to an annual plan prepared by the 
        Secretary in accordance with paragraph (2).
            (2) Development.--
                    (A) Solicitation of recommendations.--Before 
                drafting an annual plan under this subsection, the 
                Secretary shall solicit specific written 
                recommendations from the program consortium for each 
                element to be addressed in the plan, including those 
                described in paragraph (4). The Secretary may request 
                that the program consortium submit its recommendations 
                in the form of a draft annual plan.
                    (B) Submission of recommendations; other comment.--
                The Secretary shall submit the recommendations of the 
                program consortium under subparagraph (A) to the Ultra-
                Deepwater Advisory Committee established under section 
                145(a) for review, and such Advisory Committee shall 
                provide to the Secretary written comments by a date 
                determined by the Secretary. The Secretary may also 
                solicit comments from any other experts.
                    (C) Consultation.--The Secretary shall consult 
                regularly with the program consortium throughout the 
                preparation of the annual plan.
            (3) Publication.--The Secretary shall transmit to Congress 
        and publish in the Federal Register the annual plan, along with 
        any written comments received under paragraph (2)(A) and (B).
            (4) Contents.--The annual plan shall describe the ongoing 
        and prospective activities of the program under this section 
        and shall include--
                    (A) a list of any solicitations for awards that the 
                Secretary plans to issue to carry out research, 
                development, demonstration, or commercial application 
                activities, including the topics for such work, who 
                would be eligible to apply, selection criteria, and the 
                duration of awards; and
                    (B) a description of the activities expected of the 
                program consortium to carry out subsection (f)(4).
            (5) Estimates of increased royalty receipts.--The 
        Secretary, in consultation with the Secretary of the Interior, 
        shall provide an annual report to Congress with the President's 
        budget on the estimated cumulative increase in Federal royalty 
        receipts (if any) resulting from the implementation of this 
        part. The initial report under this paragraph shall be 
        submitted in the first President's budget following the 
        completion of the first annual plan required under this 
        subsection.
    (f) Awards.--
            (1) In general.--The Secretary shall make awards to carry 
        out research, development, demonstration, and commercial 
        application activities under the program under this section. 
        The program consortium shall not be eligible to receive such 
        awards, but members of the program consortium may receive such 
        awards.
            (2) Proposals.--The Secretary shall solicit proposals for 
        awards under this subsection in such manner and at such time as 
        the Secretary may prescribe, in consultation with the program 
        consortium.
            (3) Review.--The Secretary shall make awards under this 
        subsection through a competitive process, which shall include a 
        review by individuals selected by the Secretary. Such 
        individuals shall include, for each application, Federal 
        officials, the program consortium, and non-Federal experts who 
        are not board members, officers, or employees of the program 
        consortium or of a member of the program consortium.
            (4) Oversight.--
                    (A) In general.--The program consortium shall 
                oversee the implementation of awards under this 
                subsection, consistent with the annual plan under 
                subsection (e), including disbursing funds and 
                monitoring activities carried out under such awards for 
                compliance with the terms and conditions of the awards.
                    (B) Effect.--Nothing in subparagraph (A) shall 
                limit the authority or responsibility of the Secretary 
                to oversee awards, or limit the authority of the 
                Secretary to review or revoke awards.
                    (C) Provision of information.--The Secretary shall 
                provide to the program consortium the information 
                necessary for the program consortium to carry out its 
                responsibilities under this paragraph.
    (g) Administrative Costs.--
            (1) In general.--To compensate the program consortium for 
        carrying out its activities under this section, the Secretary 
        shall provide to the program consortium funds sufficient to 
        administer the program. This compensation may include a 
        management fee consistent with Department of Energy contracting 
        practices and procedures.
            (2) Advance.--The Secretary shall advance funds to the 
        program consortium upon selection of the consortium, which 
        shall be deducted from amounts to be provided under paragraph 
        (1).
    (h) Audit.--The Secretary shall retain an independent, commercial 
auditor to determine the extent to which funds provided to the program 
consortium, and funds provided under awards made under subsection (f), 
have been expended in a manner consistent with the purposes and 
requirements of this part. The auditor shall transmit a report annually 
to the Secretary, who shall transmit the report to Congress, along with 
a plan to remedy any deficiencies cited in the report.

SEC. 143. UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCES 
              PROGRAM.

    (a) In General.--The Secretary shall carry out activities under 
subsection 141(b)(3), to maximize the use of the onshore unconventional 
natural gas and other petroleum resources of the United States, by 
increasing the supply of such resources, through reducing the cost and 
increasing the efficiency of exploration for and production of such 
resources, while improving safety and minimizing environmental impacts.
    (b) Awards.--
            (1) In general.--The Secretary shall carry out this section 
        through awards to research consortia made through an open, 
        competitive process. As a condition of award of funds, 
        qualified research consortia shall--
                    (A) demonstrate capability and experience in 
                unconventional onshore natural gas or other petroleum 
                research and development;
                    (B) provide a research plan that demonstrates how 
                additional natural gas or oil production will be 
                achieved; and
                    (C) at the request of the Secretary, provide 
                technical advice to the Secretary for the purposes of 
                developing the annual plan required under subsection 
                (e).
            (2) Production potential.--The Secretary shall seek to 
        ensure that the number and types of awards made under this 
        subsection have reasonable potential to lead to additional oil 
        and natural gas production on Federal lands.
            (3) Schedule.--To carry out this subsection, not later than 
        180 days after the date of enactment of this Act, the Secretary 
        shall solicit proposals from research consortia, which shall be 
        submitted not later than 360 days after the date of enactment 
        of this Act. The Secretary shall select the first group of 
        research consortia to receive awards under this subsection not 
        later than 18 months after such date of enactment.
    (c) Audit.--The Secretary shall retain an independent, commercial 
auditor to determine the extent to which funds provided under awards 
made under this section have been expended in a manner consistent with 
the purposes and requirements of this part. The auditor shall transmit 
a report annually to the Secretary, who shall transmit the report to 
Congress, along with a plan to remedy any deficiencies cited in the 
report.
    (d) Focus Areas for Awards.--
            (1) Unconventional resources.--Awards from allocations 
        under section 149(d)(2) shall focus on areas including advanced 
        coalbed methane, deep drilling, natural gas production from 
        tight sands, natural gas production from gas shales, stranded 
        gas, innovative exploration and production techniques, enhanced 
        recovery techniques, and environmental mitigation of 
        unconventional natural gas and other petroleum resources 
        exploration and production.
            (2) Small producers.--Awards from allocations under section 
        149(d)(3) shall be made to consortia consisting of small 
        producers or organized primarily for the benefit of small 
        producers, and shall focus on areas including complex geology 
        involving rapid changes in the type and quality of the oil and 
        gas reservoirs across the reservoir; low reservoir pressure; 
        unconventional natural gas reservoirs in coalbeds, deep 
        reservoirs, tight sands, or shales; and unconventional oil 
        reservoirs in tar sands and oil shales.
    (e) Annual Plan.--
            (1) In general.--The program under this section shall be 
        carried out pursuant to an annual plan prepared by the 
        Secretary in accordance with paragraph (2).
            (2) Development.--
                    (A) Written recommendations.--Before drafting an 
                annual plan under this subsection, the Secretary shall 
                solicit specific written recommendations from the 
                research consortia receiving awards under subsection 
                (b) and the Unconventional Resources Technology 
                Advisory Committee for each element to be addressed in 
                the plan, including those described in subparagraph 
                (D).
                    (B) Consultation.--The Secretary shall consult 
                regularly with the research consortia throughout the 
                preparation of the annual plan.
                    (C) Publication.--The Secretary shall transmit to 
                Congress and publish in the Federal Register the annual 
                plan, along with any written comments received under 
                subparagraph (A).
                    (D) Contents.--The annual plan shall describe the 
                ongoing and prospective activities under this section 
                and shall include a list of any solicitations for 
                awards that the Secretary plans to issue to carry out 
                research, development, demonstration, or commercial 
                application activities, including the topics for such 
                work, who would be eligible to apply, selection 
                criteria, and the duration of awards.
            (3) Estimates of increased royalty receipts.--The 
        Secretary, in consultation with the Secretary of the Interior, 
        shall provide an annual report to Congress with the President's 
        budget on the estimated cumulative increase in Federal royalty 
        receipts (if any) resulting from the implementation of this 
        part. The initial report under this paragraph shall be 
        submitted in the first President's budget following the 
        completion of the first annual plan required under this 
        subsection.
    (f) Activities by the United States Geological Survey.--The 
Secretary of the Interior, through the United States Geological Survey, 
shall, where appropriate, carry out programs of long-term research to 
complement the programs under this section.

SEC. 144. ADDITIONAL REQUIREMENTS FOR AWARDS.

    (a) Demonstration Projects.--An application for an award under this 
part for a demonstration project shall describe with specificity the 
intended commercial use of the technology to be demonstrated.
    (b) Flexibility in Locating Demonstration Projects.--Subject to the 
limitation in section 141(c), a demonstration project under this part 
relating to an ultra-deepwater technology or an ultra-deepwater 
architecture may be conducted in deepwater depths.
    (c) Intellectual Property Agreements.--If an award under this part 
is made to a consortium (other than the program consortium), the 
consortium shall provide to the Secretary a signed contract agreed to 
by all members of the consortium describing the rights of each member 
to intellectual property used or developed under the award.
    (d) Technology Transfer.--2.5 percent of the amount of each award 
made under this part shall be designated for technology transfer and 
outreach activities under this title.
    (e) Cost Sharing Reduction for Independent Producers.--In applying 
the cost sharing requirements under section 172 to an award under this 
part the Secretary may reduce or eliminate the non-Federal requirement 
if the Secretary determines that the reduction is necessary and 
appropriate considering the technological risks involved in the 
project.

SEC. 145. ADVISORY COMMITTEES.

    (a) Ultra-Deepwater Advisory Committee.--
            (1) Establishment.--Not later than 270 days after the date 
        of enactment of this Act, the Secretary shall establish an 
        advisory committee to be known as the Ultra-Deepwater Advisory 
        Committee.
            (2) Membership.--The advisory committee under this 
        subsection shall be composed of members appointed by the 
        Secretary including--
                    (A) individuals with extensive research experience 
                or operational knowledge of offshore natural gas and 
                other petroleum exploration and production;
                    (B) individuals broadly representative of the 
                affected interests in ultra-deepwater natural gas and 
                other petroleum production, including interests in 
                environmental protection and safe operations;
                    (C) no individuals who are Federal employees; and
                    (D) no individuals who are board members, officers, 
                or employees of the program consortium.
            (3) Duties.--The advisory committee under this subsection 
        shall--
                    (A) advise the Secretary on the development and 
                implementation of programs under this part related to 
                ultra-deepwater natural gas and other petroleum 
                resources; and
                    (B) carry out section 142(e)(2)(B).
            (4) Compensation.--A member of the advisory committee under 
        this subsection shall serve without compensation but shall 
        receive travel expenses in accordance with applicable 
        provisions under subchapter I of chapter 57 of title 5, United 
        States Code.
    (b) Unconventional Resources Technology Advisory Committee.--
            (1) Establishment.--Not later than 270 days after the date 
        of enactment of this Act, the Secretary shall establish an 
        advisory committee to be known as the Unconventional Resources 
        Technology Advisory Committee.
            (2) Membership.--The advisory committee under this 
        subsection shall be composed of members appointed by the 
        Secretary including--
                    (A) a majority of members who are employees or 
                representatives of independent producers of natural gas 
                and other petroleum, including small producers;
                    (B) individuals with extensive research experience 
                or operational knowledge of unconventional natural gas 
                and other petroleum resource exploration and 
                production;
                    (C) individuals broadly representative of the 
                affected interests in unconventional natural gas and 
                other petroleum resource exploration and production, 
                including interests in environmental protection and 
                safe operations; and
                    (D) no individuals who are Federal employees.
            (3) Duties.--The advisory committee under this subsection 
        shall advise the Secretary on the development and 
        implementation of activities under this part related to 
        unconventional natural gas and other petroleum resources.
            (4) Compensation.--A member of the advisory committee under 
        this subsection shall serve without compensation but shall 
        receive travel expenses in accordance with applicable 
        provisions under subchapter I of chapter 57 of title 5, United 
        States Code.
    (c) Prohibition.--No advisory committee established under this 
section shall make recommendations on funding awards to particular 
consortia or other entities, or for specific projects.

SEC. 146. LIMITS ON PARTICIPATION.

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

SEC. 147. SUNSET.

    The authority provided by this part shall terminate on September 
30, 2011.

SEC. 148. DEFINITIONS.

    In this part:
            (1) Deepwater.--The term ``deepwater'' means a water depth 
        that is greater than 200 but less than 1,500 meters.
            (2) Independent producer of oil or gas.--
                    (A) In general.--The term ``independent producer of 
                oil or gas'' means any person that produces oil or gas 
                other than a person to whom subsection (c) of section 
                613A of the Internal Revenue Code of 1986 does not 
                apply by reason of paragraph (2) (relating to certain 
                retailers) or paragraph (4) (relating to certain 
                refiners) of section 613A(d) of such Code.
                    (B) Rules for applying paragraphs (2) and (4) of 
                section 613a(d).--For purposes of subparagraph (A), 
                paragraphs (2) and (4) of section 613A(d) of the 
                Internal Revenue Code of 1986 shall be applied by 
                substituting ``calendar year'' for ``taxable year'' 
                each place it appears in such paragraphs.
            (3) Program consortium.--The term ``program consortium'' 
        means the consortium selected under section 142(d).
            (4) Remote or inconsequential.--The term ``remote or 
        inconsequential'' has the meaning given that term in 
        regulations issued by the Office of Government Ethics under 
        section 208(b)(2) of title 18, United States Code.
            (5) Small producer.--The term ``small producer'' means an 
        entity organized under the laws of the United States with 
        production levels of less than 1,000 barrels per day of oil 
        equivalent.
            (6) Ultra-deepwater.--The term ``ultra-deepwater'' means a 
        water depth that is equal to or greater than 1,500 meters.
            (7) Ultra-deepwater architecture.--The term ``ultra-
        deepwater architecture'' means the integration of technologies 
        for the exploration for, or production of, natural gas or other 
        petroleum resources located at ultra-deepwater depths.
            (8) Ultra-deepwater technology.--The term ``ultra-deepwater 
        technology'' means a discrete technology that is specially 
        suited to address 1 or more challenges associated with the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at ultra-deepwater depths.
            (9) Unconventional natural gas and other petroleum 
        resource.--The term ``unconventional natural gas and other 
        petroleum resource'' means natural gas and other petroleum 
        resource located onshore in an economically inaccessible 
        geological formation, including resources of small producers.

SEC. 149. FUNDING.

    (a) In General.--
            (1) Oil and gas lease income.--For each of fiscal years 
        2004 through 2013, from any Federal royalties, rents, and 
        bonuses derived from Federal onshore and offshore oil and gas 
        leases issued under the Outer Continental Shelf Lands Act and 
        the Mineral Leasing Act which are deposited in the Treasury, 
        and after distribution of any such funds as described in 
        subsection (c), $150,000,000 shall be deposited into the Ultra-
        Deepwater and Unconventional Natural Gas and Other Petroleum 
        Research Fund (in this section referred to as the Fund). For 
        purposes of this section, the term ``royalties'' excludes 
        proceeds from the sale of royalty production taken in kind and 
        royalty production that is transferred under section 27(a)(3) 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1353(a)(3)).
            (2) Authorization of appropriations.--In addition to 
        amounts described in paragraph (1), there are authorized to be 
        appropriated to the Secretary, to be deposited in the Fund, 
        $50,000,000 for each of the fiscal years 2004 through 2013, to 
        remain available until expended.
    (b) Obligational Authority.--Monies in the Fund shall be available 
to the Secretary for obligation under this part without fiscal year 
limitation, to remain available until expended.
    (c) Prior Distributions.--The distributions described in subsection 
(a) are those required by law--
            (1) to States and to the Reclamation Fund under the Mineral 
        Leasing Act (30 U.S.C. 191(a)); and
            (2) to other funds receiving monies from Federal oil and 
        gas leasing programs, including--
                    (A) any recipients pursuant to section 8(g) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));
                    (B) the Land and Water Conservation Fund, pursuant 
                to section 2(c) of the Land and Water Conservation Fund 
                Act of 1965 (16 U.S.C. 4601-5(c));
                    (C) the Historic Preservation Fund, pursuant to 
                section 108 of the National Historic Preservation Act 
                (16 U.S.C. 470h); and
                    (D) the Secure Energy Reinvestment Fund.
    (d) Allocation.--Amounts obligated from the Fund under this section 
in each fiscal year shall be allocated as follows:
            (1) 50 percent shall be for activities under section 142.
            (2) 35 percent shall be for activities under section 
        143(d)(1).
            (3) 10 percent shall be for activities under section 
        143(d)(2).
            (4) 5 percent shall be for research under section 141(d).
    (e) Fund.--There is hereby established in the Treasury of the 
United States a separate fund to be known as the ``Ultra-Deepwater and 
Unconventional Natural Gas and Other Petroleum Research Fund''.

                          Subtitle F--Science

SEC. 151. SCIENCE.

    (a) In General.--The following sums are authorized to be 
appropriated to the Secretary for research, development, demonstration, 
and commercial application activities of the Office of Science, 
including activities authorized under this subtitle, including the 
amounts authorized under the amendment made by section 158(c)(2)(C), 
and including basic energy sciences, advanced scientific computing 
research, biological and environmental research, fusion energy 
sciences, high energy physics, nuclear physics, and research analysis 
and infrastructure support:
            (1) For fiscal year 2004, $3,785,000,000.
            (2) For fiscal year 2005, $4,153,000,000.
            (3) For fiscal year 2006, $4,618,000,000.
            (4) For fiscal year 2007, $5,310,000,000.
            (5) For fiscal year 2008, $5,800,000,000.
    (b) Allocations.--From amounts authorized under subsection (a), the 
following sums are authorized:
            (1) For activities of the Fusion Energy Sciences Program, 
        including activities under sections 152 and 153--
                    (A) for fiscal year 2004, $335,000,000;
                    (B) for fiscal year 2005, $349,000,000;
                    (C) for fiscal year 2006, $362,000,000;
                    (D) for fiscal year 2007, $377,000,000; and
                    (E) for fiscal year 2008, $393,000,000.
            (2) For the Spallation Neutron Source--
                    (A) for construction in fiscal year 2004, 
                $124,600,000;
                    (B) for construction in fiscal year 2005, 
                $79,800,000;
                    (C) for completion of construction in fiscal year 
                2006, $41,100,000; and
                    (D) for other project costs (including research and 
                development necessary to complete the project, 
                preoperations costs, and capital equipment related to 
                construction), $103,279,000 for the period encompassing 
                fiscal years 2003 through 2006, to remain available 
                until expended through September 30, 2006.
            (3) For Catalysis Research activities under section 156--
                    (A) for fiscal year 2004, $33,000,000;
                    (B) for fiscal year 2005, $35,000,000;
                    (C) for fiscal year 2006, $36,500,000;
                    (D) for fiscal year 2007, $38,200,000; and
                    (E) for fiscal year 2008, $40,100,000.
            (4) For Nanoscale Science and Engineering Research 
        activities under section 157--
                    (A) for fiscal year 2004, $270,000,000;
                    (B) for fiscal year 2005, $292,000,000;
                    (C) for fiscal year 2006, $322,000,000;
                    (D) for fiscal year 2007, $355,000,000; and
                    (E) for fiscal year 2008, $390,000,000.
            (5) For activities under section 157(c), from the amounts 
        authorized under paragraph (4) of this subsection--
                    (A) for fiscal year 2004, $135,000,000;
                    (B) for fiscal year 2005, $150,000,000;
                    (C) for fiscal year 2006, $120,000,000;
                    (D) for fiscal year 2007, $100,000,000; and
                    (E) for fiscal year 2008, $125,000,000.
            (6) For activities in the Genomes to Life Program under 
        section 159--
                    (A) for fiscal year 2004, $100,000,000; and
                    (B) for fiscal years 2005 through 2008, such sums 
                as may be necessary.
            (7) For activities in the Energy-Water Supply Program under 
        section 161, $30,000,000 for each of fiscal years 2004 through 
        2008.
    (c) ITER Construction.--In addition to the funds authorized under 
subsection (b)(1), such sums as may be necessary for costs associated 
with ITER construction, consistent with limitations under section 152.

SEC. 152. UNITED STATES PARTICIPATION IN ITER.

    (a) In General.--The United States may participate in ITER in 
accordance with the provisions of this section.
    (b) Agreement.--
            (1) In general.--The Secretary is authorized to negotiate 
        an agreement for United States participation in ITER.
            (2) Contents.--Any agreement for United States 
        participation in ITER shall, at a minimum--
                    (A) clearly define the United States financial 
                contribution to construction and operating costs;
                    (B) ensure that the share of ITER's high-technology 
                components manufactured in the United States is at 
                least proportionate to the United States financial 
                contribution to ITER;
                    (C) ensure that the United States will not be 
                financially responsible for cost overruns in components 
                manufactured in other ITER participating countries;
                    (D) guarantee the United States full access to all 
                data generated by ITER;
                    (E) enable United States researchers to propose and 
                carry out an equitable share of the experiments at 
                ITER;
                    (F) provide the United States with a role in all 
                collective decisionmaking related to ITER; and
                    (G) describe the process for discontinuing or 
                decommissioning ITER and any United States role in 
                those processes.
    (c) Plan.--The Secretary, in consultation with the Fusion Energy 
Sciences Advisory Committee, shall develop a plan for the participation 
of United States scientists in ITER that shall include the United 
States research agenda for ITER, methods to evaluate whether ITER is 
promoting progress toward making fusion a reliable and affordable 
source of power, and a description of how work at ITER will relate to 
other elements of the United States fusion program. The Secretary shall 
request a review of the plan by the National Academy of Sciences.
    (d) Limitation.--No funds shall be expended for the construction of 
ITER until the Secretary has transmitted to Congress--
            (1) the agreement negotiated pursuant to subsection (b) and 
        120 days have elapsed since that transmission;
            (2) a report describing the management structure of ITER 
        and providing a fixed dollar estimate of the cost of United 
        States participation in the construction of ITER, and 120 days 
        have elapsed since that transmission;
            (3) a report describing how United States participation in 
        ITER will be funded without reducing funding for other programs 
        in the Office of Science, including other fusion programs, and 
        60 days have elapsed since that transmission; and
            (4) the plan required by subsection (c) (but not the 
        National Academy of Sciences review of that plan), and 60 days 
        have elapsed since that transmission.
    (e) Alternative to ITER.--If at any time during the negotiations on 
ITER, the Secretary determines that construction and operation of ITER 
is unlikely or infeasible, the Secretary shall send to Congress, as 
part of the budget request for the following year, a plan for 
implementing the domestic burning plasma experiment known as FIRE, 
including costs and schedules for such a plan. The Secretary shall 
refine such plan in full consultation with the Fusion Energy Sciences 
Advisory Committee and shall also transmit such plan to the National 
Academy of Sciences for review.
    (f) Definitions.--In this section and section 151(b)(1) and (c):
            (1) Construction.--The term ``construction'' means the 
        physical construction of the ITER facility, and the physical 
        construction, purchase, or manufacture of equipment or 
        components that are specifically designed for the ITER 
        facility, but does not mean the design of the facility, 
        equipment, or components.
            (2) FIRE.--The term ``FIRE'' means the Fusion Ignition 
        Research Experiment, the fusion research experiment for which 
        design work has been supported by the Department as a possible 
        alternative burning plasma experiment in the event that ITER 
        fails to move forward.
            (3) ITER.--The term ``ITER'' means the international 
        burning plasma fusion research project in which the President 
        announced United States participation on January 30, 2003.

SEC. 153. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.

    (a) Declaration of Policy.--It shall be the policy of the United 
States to conduct research, development, demonstration, and commercial 
application to provide for the scientific, engineering, and commercial 
infrastructure necessary to ensure that the United States is 
competitive with other nations in providing fusion energy for its own 
needs and the needs of other nations, including by demonstrating 
electric power or hydrogen production for the United States energy grid 
utilizing fusion energy at the earliest date possible.
    (b) Planning.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall present to Congress 
        a plan, with proposed cost estimates, budgets, and potential 
        international partners, for the implementation of the policy 
        described in subsection (a). The plan shall ensure that--
                    (A) existing fusion research facilities are more 
                fully utilized;
                    (B) fusion science, technology, theory, advanced 
                computation, modeling, and simulation are strengthened;
                    (C) new magnetic and inertial fusion research 
                facilities are selected based on scientific innovation, 
                cost effectiveness, and their potential to advance the 
                goal of practical fusion energy at the earliest date 
                possible, and those that are selected are funded at a 
                cost-effective rate;
                    (D) communication of scientific results and methods 
                between the fusion energy science community and the 
                broader scientific and technology communities is 
                improved;
                    (E) inertial confinement fusion facilities are 
                utilized to the extent practicable for the purpose of 
                inertial fusion energy research and development; and
                    (F) attractive alternative inertial and magnetic 
                fusion energy approaches are more fully explored.
            (2) Costs and schedules.--Such plan shall also address the 
        status of and, to the degree possible, costs and schedules 
        for--
                    (A) in coordination with the program under section 
                160, the design and implementation of international or 
                national facilities for the testing of fusion 
                materials; and
                    (B) the design and implementation of international 
                or national facilities for the testing and development 
                of key fusion technologies.

SEC. 154. SPALLATION NEUTRON SOURCE.

    (a) Definition.--For the purposes of this section, the term 
``Spallation Neutron Source'' means Department Project 99-E-334, Oak 
Ridge National Laboratory, Oak Ridge, Tennessee.
    (b) Report.--The Secretary shall report on the Spallation Neutron 
Source as part of the Department's annual budget submission, including 
a description of the achievement of milestones, a comparison of actual 
costs to estimated costs, and any changes in estimated project costs or 
schedule.
    (c) Limitations.--The total amount obligated by the Department, 
including prior year appropriations, for the Spallation Neutron Source 
shall not exceed--
            (1) $1,192,700,000 for costs of construction;
            (2) $219,000,000 for other project costs; and
            (3) $1,411,700,000 for total project cost.

SEC. 155. SUPPORT FOR SCIENCE AND ENERGY FACILITIES AND INFRASTRUCTURE.

    (a) Facility and Infrastructure Policy.--The Secretary shall 
develop and implement a strategy for facilities and infrastructure 
supported primarily from the Office of Science, the Office of Energy 
Efficiency and Renewable Energy, the Office of Fossil Energy, or the 
Office of Nuclear Energy, Science, and Technology Programs at all 
National Laboratories and single-purpose research facilities. Such 
strategy shall provide cost-effective means for--
            (1) maintaining existing facilities and infrastructure, as 
        needed;
            (2) closing unneeded facilities;
            (3) making facility modifications; and
            (4) building new facilities.
    (b) Report.--
            (1) In general.--The Secretary shall prepare and transmit, 
        along with the President's budget request to Congress for 
        fiscal year 2006, a report containing the strategy developed 
        under subsection (a).
            (2) Contents.--For each National Laboratory and single-
        purpose research facility, for the facilities primarily used 
        for science and energy research, such report shall contain--
                    (A) the current priority list of proposed 
                facilities and infrastructure projects, including cost 
                and schedule requirements;
                    (B) a current 10-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 facility and 
                infrastructure project compared to the original 
                baseline cost, schedule, and scope.

SEC. 156. CATALYSIS RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment.--The Secretary, through the Office of Science, 
shall support a program of research and development in catalysis 
science consistent with the Department's statutory authorities related 
to research and development. The program shall include efforts to--
            (1) enable catalyst design using combinations of 
        experimental and mechanistic methodologies coupled with 
        computational modeling of catalytic reactions at the molecular 
        level;
            (2) develop techniques for high throughput synthesis, 
        assay, and characterization at nanometer and subnanometer 
        scales in situ under actual operating conditions;
            (3) synthesize catalysts with specific site architectures;
            (4) conduct research on the use of precious metals for 
        catalysis; and
            (5) translate molecular understanding to the design of 
        catalytic compounds.
    (b) Duties of the Office of Science.--In carrying out the program 
under this section, the Director of the Office of Science shall--
            (1) support both individual investigators and 
        multidisciplinary teams of investigators to pioneer new 
        approaches in catalytic design;
            (2) develop, plan, construct, acquire, share, or operate 
        special equipment or facilities for the use of investigators in 
        collaboration with national user facilities such as nanoscience 
        and engineering centers;
            (3) support technology transfer activities to benefit 
        industry and other users of catalysis science and engineering; 
        and
            (4) coordinate research and development activities with 
        industry and other Federal agencies.
    (c) Triennial Assessment.--The National Academy of Sciences shall 
review the catalysis program every 3 years to report on gains made in 
the fundamental science of catalysis and its progress towards 
developing new fuels for energy production and material fabrication 
processes.

SEC. 157. NANOSCALE SCIENCE AND ENGINEERING RESEARCH, DEVELOPMENT, 
              DEMONSTRATION, AND COMMERCIAL APPLICATION.

    (a) Establishment.--The Secretary, acting through the Office of 
Science, shall support a program of research, development, 
demonstration, and commercial application in nanoscience and 
nanoengineering. The program shall include efforts to further the 
understanding of the chemistry, physics, materials science, and 
engineering of phenomena on the scale of nanometers and to apply that 
knowledge to the Department's mission areas.
    (b) Duties of the Office of Science.--In carrying out the program 
under this section, the Office of Science shall--
            (1) support both individual investigators and teams of 
        investigators, including multidisciplinary teams;
            (2) carry out activities under subsection (c);
            (3) support technology transfer activities to benefit 
        industry and other users of nanoscience and nanoengineering;
            (4) coordinate research and development activities with 
        other Department programs, industry, and other Federal 
        agencies;
            (5) ensure that societal and ethical concerns will be 
        addressed as the technology is developed by--
                    (A) establishing a research program to identify 
                societal and ethical concerns related to 
                nanotechnology, and ensuring that the results of such 
                research are widely disseminated; and
                    (B) integrating, insofar as possible, research on 
                societal and ethical concerns with nanotechnology 
                research and development; and
            (6) ensure that the potential of nanotechnology to produce 
        or facilitate the production of clean, inexpensive energy is 
        realized by supporting nanotechnology energy applications 
        research and development.
    (c) Nanoscience and Nanoengineering Research Centers and Major 
Instrumentation.--
            (1) In general.--The Secretary shall carry out projects to 
        develop, plan, construct, acquire, operate, or support special 
        equipment, instrumentation, or facilities for investigators 
        conducting research and development in nanoscience and 
        nanoengineering.
            (2) Activities.--Projects under paragraph (1) may include 
        the measurement of properties at the scale of nanometers, 
        manipulation at such scales, and the integration of 
        technologies based on nanoscience or nanoengineering into bulk 
        materials or other technologies.
            (3) Facilities.--Facilities under paragraph (1) may include 
        electron microcharacterization facilities, microlithography 
        facilities, scanning probe facilities, and related 
        instrumentation.
            (4) Collaborations.--The Secretary shall encourage 
        collaborations among Department programs, institutions of 
        higher education, laboratories, and industry at facilities 
        under this subsection.

SEC. 158. ADVANCED SCIENTIFIC COMPUTING FOR ENERGY MISSIONS.

    (a) In General.--The Secretary, acting through the Office of 
Science, shall support a program to advance the Nation's computing 
capability across a diverse set of grand challenge, computationally 
based, science problems related to departmental missions.
    (b) Duties of the Office of Science.--In carrying out the program 
under this section, the Office of Science shall--
            (1) advance basic science through computation by developing 
        software to solve grand challenge science problems on new 
        generations of computing platforms in collaboration with other 
        Department program offices;
            (2) enhance the foundations for scientific computing by 
        developing the basic mathematical and computing systems 
        software needed to take full advantage of the computing 
        capabilities of computers with peak speeds of 100 teraflops or 
        more, some of which may be unique to the scientific problem of 
        interest;
            (3) enhance national collaboratory and networking 
        capabilities by developing software to integrate geographically 
        separated researchers into effective research teams and to 
        facilitate access to and movement and analysis of large 
        (petabyte) data sets;
            (4) develop and maintain a robust scientific computing 
        hardware infrastructure to ensure that the computing resources 
        needed to address departmental missions are available; and
            (5) explore new computing approaches and technologies that 
        promise to advance scientific computing, including developments 
        in quantum computing.
    (c) High-Performance Computing Act of 1991 Amendments.--The High-
Performance Computing Act of 1991 is amended--
            (1) in section 4 (15 U.S.C. 5503)--
                    (A) in paragraph (3) by striking ``means'' and 
                inserting ``and networking and information technology 
                mean'', and by striking ``(including vector 
                supercomputers and large scale parallel systems)''; and
                    (B) in paragraph (4), by striking ``packet 
                switched''; and
            (2) in section 203 (15 U.S.C. 5523)--
                    (A) in subsection (a), by striking all after ``As 
                part of the'' and inserting ``Networking and 
                Information Technology Research and Development 
                Program, the Secretary of Energy shall conduct basic 
                and applied research in networking and information 
                technology, with emphasis on supporting fundamental 
                research in the physical sciences and engineering, and 
                energy applications; providing supercomputer access and 
                advanced communication capabilities and facilities to 
                scientific researchers; and developing tools for 
                distributed scientific collaboration.'';
                    (B) in subsection (b), by striking ``Program'' and 
                inserting ``Networking and Information Technology 
                Research and Development Program''; and
                    (C) by amending subsection (e) to read as follows:
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out the Networking and 
Information Technology Research and Development Program such sums as 
may be necessary for fiscal years 2004 through 2008.''.
    (d) Coordination.--The Secretary shall ensure that the program 
under this section is integrated and consistent with--
            (1) the Advanced Simulation and Computing Program, formerly 
        known as the Accelerated Strategic Computing Initiative, of the 
        National Nuclear Security Administration; and
            (2) other national efforts related to advanced scientific 
        computing for science and engineering.
    (e) Report.--
            (1) In general.--Before undertaking any new initiative to 
        develop any new advanced architecture for high-speed computing, 
        the Secretary, through the Director of the Office of Science, 
        shall transmit a report to Congress describing--
                    (A) the expected duration and cost of the 
                initiative;
                    (B) the technical milestones the initiative is 
                designed to achieve;
                    (C) how institutions of higher education and 
                private firms will participate in the initiative; and
                    (D) why the goals of the initiative could not be 
                achieved through existing programs.
            (2) Limitation.--No funds may be expended on any initiative 
        described in paragraph (1) until 30 days after the report 
        required by that paragraph is transmitted to Congress.

SEC. 159. GENOMES TO LIFE PROGRAM.

    (a) Program.--
            (1) Establishment.--The Secretary shall establish a 
        research, development, and demonstration program in genetics, 
        protein science, and computational biology to support the 
        energy, national security, and environmental mission of the 
        Department.
            (2) Grants.--The program shall support individual 
        investigators and multidisciplinary teams of investigators 
        through competitive, merit-reviewed grants.
            (3) Consultation.--In carrying out the program, the 
        Secretary shall consult with other Federal agencies that 
        conduct genetic and protein research.
    (b) Goals.--The program shall have the goal of developing 
technologies and methods based on the biological functions of genomes, 
microbes, and plants that--
            (1) can facilitate the production of fuels, including 
        hydrogen;
            (2) convert carbon dioxide to organic carbon;
            (3) improve national security and combat terrorism;
            (4) detoxify soils and water at Department facilities 
        contaminated with heavy metals and radiological materials; and
            (5) address other Department missions as identified by the 
        Secretary.
    (c) Plan.--
            (1) Development of plan.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall prepare and 
        transmit to Congress a research plan describing how the program 
        authorized pursuant to this section will be undertaken to 
        accomplish the program goals established in subsection (b).
            (2) Review of plan.--The Secretary shall contract with the 
        National Academy of Sciences to review the research plan 
        developed under this subsection. The Secretary shall transmit 
        the review to Congress not later than 18 months after 
        transmittal of the research plan under paragraph (1), along 
        with the Secretary's response to the recommendations contained 
        in the review.
    (d) Genomes to Life User Facilities and Ancillary Equipment.--
            (1) In general.--Within the funds authorized to be 
        appropriated pursuant to this Act, the amounts specified under 
        section 151(b)(6) shall, subject to appropriations, be 
        available for projects to develop, plan, construct, acquire, or 
        operate special equipment, instrumentation, or facilities for 
        investigators conducting research, development, demonstration, 
        and commercial application in systems biology and proteomics 
        and associated biological disciplines.
            (2) Facilities.--Facilities under paragraph (1) may include 
        facilities, equipment, or instrumentation for--
                    (A) the production and characterization of 
                proteins;
                    (B) whole proteome analysis;
                    (C) characterization and imaging of molecular 
                machines; and
                    (D) analysis and modeling of cellular systems.
            (3) Collaborations.--The Secretary shall encourage 
        collaborations among universities, laboratories, and industry 
        at facilities under this subsection. All facilities under this 
        subsection shall have a specific mission of technology transfer 
        to other institutions.
    (e) Prohibition on Biomedical and Human Cell and Human Subject 
Research.--
            (1) No biomedical research.--In carrying out the program 
        under this section, the Secretary shall not conduct biomedical 
        research.
            (2) Limitations.--Nothing in this section shall authorize 
        the Secretary to conduct any research or demonstrations--
                    (A) on human cells or human subjects; or
                    (B) designed to have direct application with 
                respect to human cells or human subjects.

SEC. 160. FISSION AND FUSION ENERGY MATERIALS RESEARCH PROGRAM.

    In the President's fiscal year 2006 budget request, the Secretary 
shall establish a research and development program on material science 
issues presented by advanced fission reactors and the Department's 
fusion energy program. The program shall develop a catalog of material 
properties required for these applications, develop theoretical models 
for materials possessing the required properties, benchmark models 
against existing data, and develop a roadmap to guide further research 
and development in this area.

SEC. 161. ENERGY-WATER SUPPLY PROGRAM.

    (a) Establishment.--There is established within the Department the 
Energy-Water Supply Program, to study energy-related and certain other 
issues associated with the supply of drinking water and operation of 
community water systems and to study water supply issues related to 
energy.
    (b) Definitions.--For the purposes of this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) Foundation.--The term ``Foundation'' means the American 
        Water Works Association Research Foundation.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (5) Program.--The term ``Program'' means the Energy-Water 
        Supply Program established by this section.
    (c) Program Areas.--The Program shall develop methods, means, 
procedures, equipment, and improved technologies relating to--
            (1) the arsenic removal program under subsection (d);
            (2) the desalination program under subsection (e); and
            (3) the water and energy sustainability program under 
        subsection (f).
    (d) Arsenic Removal Program.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary, in coordination with the 
        Administrator and in partnership with the Foundation, shall 
        utilize the facilities, institutions, and relationships 
        established in the Consolidated Appropriations Resolution, 2003 
        as described in Senate Report 107-220 to carry out a research 
        program to provide innovative methods and means for removal of 
        arsenic.
            (2) Required evaluations.--The program shall, to the 
        maximum extent practicable, evaluate the means of--
                    (A) reducing energy costs incurred in using arsenic 
                removal technologies;
                    (B) minimizing materials, operating, and 
                maintenance costs; and
                    (C) minimizing any quantities of waste (especially 
                hazardous waste) that result from use of arsenic 
                removal technologies.
            (3) Peer review.--Where applicable and reasonably 
        available, projects undertaken under this subsection shall be 
        peer-reviewed.
            (4) Community water systems.--In carrying out the program 
        under this subsection, the Secretary, in coordination with the 
        Administrator, shall--
                    (A) select projects involving a geographically and 
                hydrologically diverse group of community water systems 
                (as defined in section 1003 of the Public Health 
                Service Act (42 U.S.C. 300)) and water chemistries, 
                that have experienced technical or economic 
                difficulties in providing drinking water with levels of 
                arsenic at 10 parts-per-billion or lower, which 
                projects shall be designed to develop innovative 
                methods and means to deliver drinking water that 
                contains less than 10 parts per billion of arsenic; and
                    (B) provide not less than 40 percent of all funds 
                spent pursuant to this subsection to address the needs 
                of, and in collaboration with, rural communities or 
                Indian tribes.
            (5) Cost effectiveness.--The Foundation shall create 
        methods for determining cost effectiveness of arsenic removal 
        technologies used in the program.
            (6) Education, training, and technology.--The Foundation 
        shall include education, training, and technology transfer as 
        part of the program.
            (7) Coordination.--The Secretary shall consult with the 
        Administrator to ensure that all activities conducted under the 
        program are coordinated with the Agency and do not duplicate 
        other programs in the Agency and other Federal agencies, State 
        programs, and academia.
            (8) Reports.--Not later than 1 year after the date of 
        commencement of the program under this subsection, and once 
        every year thereafter, the Secretary shall submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Energy and Natural Resources of the 
        Senate a report on the results of the program under this 
        subsection.
    (e) Desalination Program.--
            (1) In general.--The Secretary, in cooperation with the 
        Commissioner of Reclamation of the Department of the Interior, 
        shall carry out a program to conduct research and develop 
        methods and means for desalination in accordance with the 
        desalination technology progress plan developed under title II 
        of the Energy and Water Development Appropriations Act, 2002 
        (115 Stat. 498), and described in Senate Report 107-39 under 
        the heading ``water and related resources'' in the ``Bureau of 
        Reclamation'' section.
            (2) Requirements.--The desalination program shall--
                    (A) use the resources of the Department and the 
                Department of the Interior that were involved in the 
                development of the 2003 National Desalination and Water 
                Purification Technology Roadmap for next-generation 
                desalination technology;
                    (B) focus on technologies that are appropriate for 
                use in desalinating brackish groundwater, drinking 
                water, wastewater and other saline water supplies, or 
                disposal of residual brine or salt; and
                    (C) consider the use of renewable energy sources.
            (3) Construction projects.--Funds made available to carry 
        out this subsection may be used for construction projects, 
        including completion of the National Desalination Research 
        Center for brackish groundwater and ongoing operational costs 
        of this facility.
            (4) Steering committee.--The Secretary and the Commissioner 
        of Reclamation of the Department of the Interior shall jointly 
        establish a steering committee for activities conducted under 
        this subsection. The steering committee shall be jointly 
        chaired by 1 representative from the program and 1 
        representative from the Bureau of Reclamation.
    (f) Water and Energy Sustainability Program.--
            (1) In general.--The Secretary shall develop a program to 
        identify methods, means, procedures, equipment, and improved 
        technologies necessary to ensure that sufficient quantities of 
        water are available to meet energy needs and sufficient energy 
        is available to meet water needs.
            (2) Assessments.--In order to acquire information and avoid 
        duplication, the Secretary shall work in collaboration with the 
        Secretary of the Interior, the Army Corps of Engineers, the 
        Administrator, the Secretary of Commerce, the Secretary of 
        Defense, relevant State agencies, nongovernmental 
        organizations, and academia, to assess--
                    (A) future water resources needed to support energy 
                development and production within the United States 
                including water used for hydropower, and production of, 
                or electricity generation by, hydrogen, biomass, fossil 
                fuels, and nuclear fuel;
                    (B) future energy resources needed to support water 
                purification and wastewater treatment, including 
                desalination and water conveyance;
                    (C) use of impaired and nontraditional water 
                supplies for energy production other than oil and gas 
                extraction;
                    (D) technology and programs for improving water use 
                efficiency; and
                    (E) technologies to reduce water use in energy 
                development and production.
            (3) Roadmap; tools.--The Secretary shall--
                    (A) develop a program plan and technology 
                development roadmap for the Water and Energy 
                Sustainability Program to identify scientific and 
                technical requirements and activities that are required 
                to support planning for energy sustainability under 
                current and potential future conditions of water 
                availability, use of impaired water for energy 
                production and other uses, and reduction of water use 
                in energy development and production;
                    (B) develop tools for national and local energy and 
                water sustainability planning, including numerical 
                models, decision analysis tools, economic analysis 
                tools, databases, and planning methodologies and 
                strategies;
                    (C) implement at least 3 planning projects 
                involving energy development or production that use the 
                tools described in subparagraph (B) and assess the 
                viability of those tools at the scale of river basins 
                with at least 1 demonstration involving an 
                international border; and
                    (D) transfer those tools to other Federal agencies, 
                State agencies, nonprofit organizations, industry, and 
                academia.
            (4) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on the Water and Energy Sustainability Program that--
                    (A) includes the results of the assessment under 
                paragraph (2) and the program plan and technology 
                development roadmap; and
                    (B) identifies policy, legal, and institutional 
                issues related to water and energy sustainability.

SEC. 162. NITROGEN FIXATION.

    The Secretary, acting through the Office of Science, shall support 
a program of research, development, demonstration, and commercial 
application on biological nitrogen fixation, including plant genomics 
research relevant to the development of commercial crop varieties with 
enhanced nitrogen fixation efficiency and ability.

                   Subtitle G--Energy and Environment

SEC. 164. UNITED STATES-MEXICO ENERGY TECHNOLOGY COOPERATION.

    (a) Program.--The Secretary shall establish a research, 
development, demonstration, and commercial application program to be 
carried out in collaboration with entities in Mexico and the United 
States to promote energy efficient, environmentally sound economic 
development along the United States-Mexico border that minimizes public 
health risks from industrial activities in the border region.
    (b) Program Management.--The program under subsection (a) shall be 
managed by the Department of Energy Carlsbad Environmental Management 
Field Office.
    (c) Technology Transfer.--In carrying out projects and activities 
under this section, the Secretary shall assess the applicability of 
technology developed under the Environmental Management Science Program 
of the Department.
    (d) Intellectual Property.--In carrying out this section, the 
Secretary shall comply with the requirements of any agreement entered 
into between the United States and Mexico regarding intellectual 
property protection.
    (e) Authorization of Appropriations.--The following sums are 
authorized to be appropriated to the Secretary to carry out activities 
under this section:
            (1) For each of fiscal years 2004 and 2005, $5,000,000.
            (2) For each of fiscal years 2006, 2007, and 2008, 
        $6,000,000.

SEC. 165. WESTERN HEMISPHERE ENERGY COOPERATION.

    (a) Program.--The Secretary shall carry out a program to promote 
cooperation on energy issues with Western Hemisphere countries.
    (b) Activities.--Under the program, the Secretary shall fund 
activities to work with Western Hemisphere countries to--
            (1) assist the countries in formulating and adopting 
        changes in economic policies and other policies to--
                    (A) increase the production of energy supplies; and
                    (B) improve energy efficiency; and
            (2) assist in the development and transfer of energy supply 
        and efficiency technologies that would have a beneficial impact 
        on world energy markets.
    (c) University Participation.--To the extent practicable, the 
Secretary shall carry out the program under this section with the 
participation of universities so as to take advantage of the acceptance 
of universities by Western Hemisphere countries as sources of unbiased 
technical and policy expertise when assisting the Secretary in--
            (1) evaluating new technologies;
            (2) resolving technical issues;
            (3) working with those countries in the development of new 
        policies; and
            (4) training policymakers, particularly in the case of 
        universities that involve the participation of minority 
        students, such as Hispanic-serving institutions and 
        Historically Black Colleges and Universities.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $8,000,000 for fiscal year 2004;
            (2) $10,000,000 for fiscal year 2005;
            (3) $13,000,000 for fiscal year 2006;
            (4) $16,000,000 for fiscal year 2007; and
            (5) $19,000,000 for fiscal year 2008.

SEC. 166. WASTE REDUCTION AND USE OF ALTERNATIVES.

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

SEC. 167. REPORT ON FUEL CELL TEST CENTER.

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

SEC. 168. ARCTIC ENGINEERING RESEARCH CENTER.

    (a) In General.--The Secretary of Energy (referred to in this 
section as the ``Secretary'') in consultation with the Secretary of 
Transportation and the United States Arctic Research Commission shall 
provide annual grants to a university located adjacent to the Arctic 
Energy Office of the Department of Energy, to establish and operate a 
university research center to be headquartered in Fairbanks and to be 
known as the ``Arctic Engineering Research Center'' (referred to in 
this section as the ``Center'').
    (b) Purpose.--The purpose of the Center shall be to conduct 
research on, and develop improved methods of, construction and use of 
materials to improve the overall performance of roads, bridges, 
residential, commercial, and industrial structures, and other 
infrastructure in the Arctic region, with an emphasis on developing--
            (1) new construction techniques for roads, bridges, rail, 
        and related transportation infrastructure and residential, 
        commercial, and industrial infrastructure that are capable of 
        withstanding the Arctic environment and using limited energy 
        resources as efficiently as possible;
            (2) technologies and procedures for increasing road, 
        bridge, rail, and related transportation infrastructure and 
        residential, commercial, and industrial infrastructure safety, 
        reliability, and integrity in the Arctic region;
            (3) new materials and improving the performance and energy 
        efficiency of existing materials for the construction of roads, 
        bridges, rail, and related transportation infrastructure and 
        residential, commercial, and industrial infrastructure in the 
        Arctic region; and
            (4) recommendations for new local, regional, and State 
        permitting and building codes to ensure transportation and 
        building safety and efficient energy use when constructing, 
        using, and occupying such infrastructure in the Arctic region.
    (c) Objectives.--The Center shall carry out--
            (1) basic and applied research in the subjects described in 
        subsection (b), the products of which shall be judged by peers 
        or other experts in the field to advance the body of knowledge 
        in road, bridge, rail, and infrastructure engineering in the 
        Arctic region; and
            (2) an ongoing program of technology transfer that makes 
        research results available to potential users in a form that 
        can be implemented.
    (d) Amount of Grant.--For each of fiscal years 2004 through 2009, 
the Secretary shall provide a grant in the amount of $3,000,000 to the 
institution specified in subsection (a) to carry out this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2004 through 2009.

                         Subtitle H--Management

SEC. 171. AVAILABILITY OF FUNDS.

    Funds authorized to be appropriated to the Department under this 
title shall remain available until expended.

SEC. 172. COST SHARING.

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

SEC. 173. MERIT REVIEW OF PROPOSALS.

    Awards of funds authorized under this title shall be made only 
after an impartial review of the scientific and technical merit of the 
proposals for such awards has been carried out by or for the 
Department.

SEC. 174. EXTERNAL TECHNICAL REVIEW OF DEPARTMENTAL PROGRAMS.

    (a) National Energy Research and Development Advisory Boards.--
            (1) In general.--The Secretary shall establish 1 or more 
        advisory boards to review Department research, development, 
        demonstration, and commercial application programs in energy 
        efficiency, renewable energy, nuclear energy, and fossil 
        energy.
            (2) Existing advisory boards.--The Secretary may designate 
        an existing advisory board within the Department to fulfill the 
        responsibilities of an advisory board under this subsection, 
        and may enter into appropriate arrangements with the National 
        Academy of Sciences to establish such an advisory board.
    (b) Office of Science Advisory Committees.--
            (1) Utilization of existing committees.--The Secretary 
        shall continue to use the scientific program advisory 
        committees chartered under the Federal Advisory Committee Act 
        (5 U.S.C. App.) by the Office of Science to oversee research 
        and development programs under that Office.
            (2) Science advisory committee.--
                    (A) Establishment.--There shall be in the Office of 
                Science a Science Advisory Committee that includes the 
                chairs of each of the advisory committees described in 
                paragraph (1).
                    (B) Responsibilities.--The Science Advisory 
                Committee shall--
                            (i) serve as the science advisor to the 
                        Director of the Office of Science;
                            (ii) advise the Director with respect to 
                        the well-being and management of the National 
                        Laboratories and single-purpose research 
                        facilities;
                            (iii) advise the Director with respect to 
                        education and workforce training activities 
                        required for effective short-term and long-term 
                        basic and applied research activities of the 
                        Office of Science; and
                            (iv) advise the Director with respect to 
                        the well being of the university research 
                        programs supported by the Office of Science.
    (c) Membership.--Each advisory board under this section shall 
consist of persons with appropriate expertise representing a diverse 
range of interests.
    (d) Meetings and Purposes.--Each advisory board under this section 
shall meet at least semiannually to review and advise on the progress 
made by the respective research, development, demonstration, and 
commercial application program or programs. The advisory board shall 
also review the measurable cost and performance-based goals for such 
programs as established under section 101(b), and the progress on 
meeting such goals.
    (e) Periodic Reviews and Assessments.--The Secretary shall enter 
into appropriate arrangements with the National Academy of Sciences to 
conduct periodic reviews and assessments of the programs authorized by 
this title, the measurable cost and performance-based goals for such 
programs as established under section 101(b), if any, and the progress 
on meeting such goals. Such reviews and assessments shall be conducted 
every 5 years, or more often as the Secretary considers necessary, and 
the Secretary shall transmit to Congress reports containing the results 
of all such reviews and assessments.

SEC. 175. IMPROVED COORDINATION OF TECHNOLOGY TRANSFER ACTIVITIES.

    (a) Technology Transfer Coordinator.--The Secretary shall designate 
a Technology Transfer Coordinator to perform oversight of and policy 
development for technology transfer activities at the Department. The 
Technology Transfer Coordinator shall--
            (1) coordinate the activities of the Technology Transfer 
        Working Group;
            (2) oversee the expenditure of funds allocated to the 
        Technology Transfer Working Group; and
            (3) coordinate with each technology partnership ombudsman 
        appointed under section 11 of the Technology Transfer 
        Commercialization Act of 2000 (42 U.S.C. 7261c).
    (b) Technology Transfer Working Group.--The Secretary shall 
establish a Technology Transfer Working Group, which shall consist of 
representatives of the National Laboratories and single-purpose 
research facilities, to--
            (1) coordinate technology transfer activities occurring at 
        National Laboratories and single-purpose research facilities;
            (2) exchange information about technology transfer 
        practices, including alternative approaches to resolution of 
        disputes involving intellectual property rights and other 
        technology transfer matters; and
            (3) develop and disseminate to the public and prospective 
        technology partners information about opportunities and 
        procedures for technology transfer with the Department, 
        including those related to alternative approaches to resolution 
        of disputes involving intellectual property rights and other 
        technology transfer matters.
    (c) Technology Transfer Responsibility.--Nothing in this section 
shall affect the technology transfer responsibilities of Federal 
employees under the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.).

SEC. 176. FEDERAL LABORATORY EDUCATIONAL PARTNERS.

    (a) Distribution of Royalties Received by Federal Agencies.--
Section 14(a)(1)(B)(v) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710c(a)(1)(B)(v)), is amended to read as 
follows:
                    ``(v) for scientific research and development and 
                for educational assistance and other purposes 
                consistent with the missions and objectives of the 
                agency and the laboratory.''.
    (b) Cooperative Research and Development Agreements.--Section 
12(b)(5)(C) of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a(b)(5)(C)) is amended to read as follows:
            ``(C) for scientific research and development and for 
        educational assistance consistent with the missions and 
        objectives of the agency and the laboratory.''.

SEC. 177. INTERAGENCY COOPERATION.

    The Secretary shall enter into discussions with the Administrator 
of the National Aeronautics and Space Administration with the goal of 
reaching an interagency working agreement between the 2 agencies that 
would make the National Aeronautics and Space Administration's 
expertise in energy, gained from its existing and planned programs, 
more readily available to the relevant research, development, 
demonstration, and commercial applications programs of the Department. 
Technologies to be discussed should include the National Aeronautics 
and Space Administration's modeling, research, development, testing, 
and evaluation of new energy technologies, including solar, wind, fuel 
cells, and hydrogen storage and distribution.

SEC. 178. TECHNOLOGY INFRASTRUCTURE PROGRAM.

    (a) Establishment.--The Secretary shall establish a Technology 
Infrastructure Program in accordance with this section.
    (b) Purpose.--The purpose of the Technology Infrastructure Program 
shall be to improve the ability of National Laboratories and single-
purpose research facilities to support departmental missions by--
            (1) stimulating the development of technology clusters that 
        can support departmental missions at the National Laboratories 
        or single-purpose research facilities;
            (2) improving the ability of National Laboratories and 
        single-purpose research facilities to leverage and benefit from 
        commercial research, technology, products, processes, and 
        services; and
            (3) encouraging the exchange of scientific and 
        technological expertise between National Laboratories or 
        single-purpose research facilities and entities that can 
        support departmental missions at the National Laboratories or 
        single-purpose research facilities, such as institutions of 
        higher education; technology-related business concerns; 
        nonprofit institutions; and agencies of State, tribal, or local 
        governments.
    (c) Projects.--The Secretary shall authorize the Director of each 
National Laboratory or single-purpose research facility to implement 
the Technology Infrastructure Program at such National Laboratory or 
facility through projects that meet the requirements of subsections (d) 
and (e).
    (d) Program Requirements.--Each project funded under this section 
shall meet the following requirements:
            (1) Each project shall include at least 1 of each of the 
        following entities: a business; an institution of higher 
        education; a nonprofit institution; and an agency of a State, 
        local, or tribal government.
            (2) Not less than 50 percent of the costs of each project 
        funded under this section shall be provided from non-Federal 
        sources. The calculation of costs paid by the non-Federal 
        sources to a project shall include cash, personnel, services, 
        equipment, and other resources expended on the project after 
        start of the project. Independent research and development 
        expenses of Government contractors that qualify for 
        reimbursement under section 31.205-18(e) of the Federal 
        Acquisition Regulation issued pursuant to section 25(c)(1) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        421(c)(1)) may be credited toward costs paid by non-Federal 
        sources to a project, if the expenses meet the other 
        requirements of this section.
            (3) All projects under this section shall be competitively 
        selected using procedures determined by the Secretary.
            (4) Any participant that receives funds under this section 
        may use generally accepted accounting principles for 
        maintaining accounts, books, and records relating to the 
        project.
            (5) No Federal funds shall be made available under this 
        section for construction or any project for more than 5 years.
    (e) Selection Criteria.--
            (1) In general.--The Secretary shall allocate funds under 
        this section only if the Director of the National Laboratory or 
        single-purpose research facility managing the project 
        determines that the project is likely to improve the ability of 
        the National Laboratory or single-purpose research facility to 
        achieve technical success in meeting departmental missions.
            (2) Criteria.--The Secretary shall consider the following 
        criteria in selecting a project to receive Federal funds:
                    (A) The potential of the project to promote the 
                development of a commercially sustainable technology 
                cluster following the period of Department investment, 
                which will derive most of the demand for its products 
                or services from the private sector, and which will 
                support departmental missions at the participating 
                National Laboratory or single-purpose research 
                facility.
                    (B) The potential of the project to promote the use 
                of commercial research, technology, products, 
                processes, and services by the participating National 
                Laboratory or single-purpose research facility to 
                achieve its mission or the commercial development of 
                technological innovations made at the participating 
                National Laboratory or single-purpose research 
                facility.
                    (C) The extent to which the project involves a wide 
                variety and number of institutions of higher education, 
                nonprofit institutions, and technology-related business 
                concerns that can support the missions of the 
                participating National Laboratory or single-purpose 
                research facility and that will make substantive 
                contributions to achieving the goals of the project.
                    (D) The extent to which the project focuses on 
                promoting the development of technology-related 
                business concerns that are small businesses or involves 
                such small businesses substantively in the project.
                    (E) Such other criteria as the Secretary determines 
                to be appropriate.
    (f) Allocation.--In allocating funds for projects approved under 
this section, the Secretary shall provide--
            (1) the Federal share of the project costs; and
            (2) additional funds to the National Laboratory or single-
        purpose research facility managing the project to permit the 
        National Laboratory or single-purpose research facility to 
        carry out activities relating to the project, and to coordinate 
        such activities with the project.
    (g) Report to Congress.--Not later than July 1, 2006, the Secretary 
shall report to Congress on whether the Technology Infrastructure 
Program should be continued and, if so, how the program should be 
managed.
    (h) Definitions.--In this section:
            (1) Technology cluster.--The term ``technology cluster'' 
        means a concentration of technology-related business concerns, 
        institutions of higher education, or nonprofit institutions 
        that reinforce each other's performance in the areas of 
        technology development through formal or informal 
        relationships.
            (2) Technology-related business concern.--The term 
        ``technology-related business concern'' means a for-profit 
        corporation, company, association, firm, partnership, or small 
        business concern that conducts scientific or engineering 
        research; develops new technologies; manufactures products 
        based on new technologies; or performs technological services.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for activities under this section 
$10,000,000 for each of fiscal years 2004, 2005, and 2006.

SEC. 179. REPROGRAMMING.

    (a) Distribution Report.--Not later than 60 days after the date of 
the enactment of an Act appropriating amounts authorized under this 
title, the Secretary shall transmit to the appropriate authorizing 
committees of Congress a report explaining how such amounts will be 
distributed among the authorizations contained in this title.
    (b) Prohibition.--
            (1) In general.--No amount identified under subsection (a) 
        shall be reprogrammed if such reprogramming would result in an 
        obligation which changes an individual distribution required to 
        be reported under subsection (a) by more than 5 percent unless 
        the Secretary has transmitted to the appropriate authorizing 
        committees of Congress a report described in subsection (c) and 
        a period of 30 days has elapsed after such committees receive 
        the report.
            (2) Computation.--In the computation of the 30-day period 
        described in paragraph (1), 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) Reprogramming Report.--A report referred to in subsection 
(b)(1) shall contain a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied on in 
support of the proposed action.

SEC. 180. CONSTRUCTION WITH OTHER LAWS.

    Except as otherwise provided in this title, the Secretary shall 
carry out the research, development, demonstration, and commercial 
application programs, projects, and activities authorized by this title 
in accordance with the applicable provisions of the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.), the Federal Nonnuclear Research and 
Development Act of 1974 (42 U.S.C. 5901 et seq.), the Energy Policy Act 
of 1992 (42 U.S.C. 13201 et seq.), the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), chapter 18 of title 
35, United States Code (commonly referred to as the Bayh-Dole Act), and 
any other Act under which the Secretary is authorized to carry out such 
activities.

SEC. 181. REPORT ON RESEARCH AND DEVELOPMENT PROGRAM EVALUATION 
              METHODOLOGIES.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall enter into appropriate arrangements with the 
National Academy of Sciences to investigate and report on the 
scientific and technical merits of any evaluation methodology currently 
in use or proposed for use in relation to the scientific and technical 
programs of the Department by the Secretary or other Federal official. 
Not later than 6 months after receiving the report of the National 
Academy, the Secretary shall submit such report to Congress, along with 
any other views or plans of the Secretary with respect to the future 
use of such evaluation methodology.

SEC. 182. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY SCHOLARSHIP 
              PROGRAM.

    (a) Establishment of Program.--
            (1) In general.--The Secretary is authorized to establish a 
        Department of Energy Science and Technology Scholarship Program 
        to award scholarships to individuals that is designed to 
        recruit and prepare students for careers in the Department.
            (2) Competitive process.--Individuals shall be selected to 
        receive scholarships under this section through a competitive 
        process primarily on the basis of academic merit, with 
        consideration given to financial need and the goal of promoting 
        the participation of individuals identified in section 33 or 34 
        of the Science and Engineering Equal Opportunities Act (42 
        U.S.C. 1885a or 1885b).
            (3) Service agreements.--To carry out the Program the 
        Secretary shall enter into contractual agreements with 
        individuals selected under paragraph (2) under which the 
        individuals agree to serve as full-time employees of the 
        Department, for the period described in subsection (f)(1), in 
        positions needed by the Department and for which the 
        individuals are qualified, in exchange for receiving a 
        scholarship.
    (b) Scholarship Eligibility.--In order to be eligible to 
participate in the Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education in an academic 
        program or field of study described in the list made available 
        under subsection (d);
            (2) be a United States citizen; and
            (3) at the time of the initial scholarship award, not be a 
        Federal employee as defined in section 2105 of title 5 of the 
        United States Code.
    (c) Application Required.--An individual seeking a scholarship 
under this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information, agreements, or 
assurances as the Secretary may require.
    (d) Eligible Academic Programs.--The Secretary shall make publicly 
available a list of academic programs and fields of study for which 
scholarships under the Program may be utilized, and shall update the 
list as necessary.
    (e) Scholarship Requirement.--
            (1) In general.--The Secretary may provide a scholarship 
        under the Program for an academic year if the individual 
        applying for the scholarship has submitted to the Secretary, as 
        part of the application required under subsection (c), a 
        proposed academic program leading to a degree in a program or 
        field of study on the list made available under subsection (d).
            (2) Duration of eligibility.--An individual may not receive 
        a scholarship under this section for more than 4 academic 
        years, unless the Secretary grants a waiver.
            (3) Scholarship amount.--The dollar amount of a scholarship 
        under this section for an academic year shall be determined 
        under regulations issued by the Secretary, but shall in no case 
        exceed the cost of attendance.
            (4) Authorized uses.--A scholarship provided under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by the Secretary by regulation.
            (5) Contracts regarding direct payments to institutions.--
        The Secretary may enter into a contractual agreement with an 
        institution of higher education under which the amounts 
        provided for a scholarship under this section for tuition, 
        fees, and other authorized expenses are paid directly to the 
        institution with respect to which the scholarship is provided.
    (f) Period of Obligated Service.--
            (1) Duration of service.--The period of service for which 
        an individual shall be obligated to serve as an employee of the 
        Department is, except as provided in subsection (h)(2), 24 
        months for each academic year for which a scholarship under 
        this section is provided.
            (2) Schedule for service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), obligated service under paragraph (1) shall begin 
                not later than 60 days after the individual obtains the 
                educational degree for which the scholarship was 
                provided.
                    (B) Deferral.--The Secretary may defer the 
                obligation of an individual to provide a period of 
                service under paragraph (1) if the Secretary determines 
                that such a deferral is appropriate. The Secretary 
                shall prescribe the terms and conditions under which a 
                service obligation may be deferred through regulation.
    (g) Penalties for Breach of Scholarship Agreement.--
            (1) Failure to complete academic training.--Scholarship 
        recipients who fail to maintain a high level of academic 
        standing, as defined by the Secretary by regulation, who are 
        dismissed from their educational institutions for disciplinary 
        reasons, or who voluntarily terminate academic training before 
        graduation from the educational program for which the 
        scholarship was awarded, shall be in breach of their 
        contractual agreement and, in lieu of any service obligation 
        arising under such agreement, shall be liable to the United 
        States for repayment not later than 1 year after the date of 
        default of all scholarship funds paid to them and to the 
        institution of higher education on their behalf under the 
        agreement, except as provided in subsection (h)(2). The 
        repayment period may be extended by the Secretary when 
        determined to be necessary, as established by regulation.
            (2) Failure to begin or complete the service obligation or 
        meet the terms and conditions of deferment.--A scholarship 
        recipient who, for any reason, fails to begin or complete a 
        service obligation under this section after completion of 
        academic training, or fails to comply with the terms and 
        conditions of deferment established by the Secretary pursuant 
        to subsection (f)(2)(B), shall be in breach of the contractual 
        agreement. When a recipient breaches an agreement for the 
        reasons stated in the preceding sentence, the recipient shall 
        be liable to the United States for an amount equal to--
                    (A) the total amount of scholarships received by 
                such individual under this section; plus
                    (B) the interest on the amounts of such awards 
                which would be payable if at the time the awards were 
                received they were loans bearing interest at the 
                maximum legal prevailing rate, as determined by the 
                Treasurer of the United States,
        multiplied by 3.
    (h) Waiver or Suspension of Obligation.--
            (1) Death of individual.--Any obligation of an individual 
        incurred under the Program (or a contractual agreement 
        thereunder) for service or payment shall be canceled upon the 
        death of the individual.
            (2) Impossibility or extreme hardship.--The Secretary shall 
        by regulation provide for the partial or total waiver or 
        suspension of any obligation of service or payment incurred by 
        an individual under the Program (or a contractual agreement 
        thereunder) whenever compliance by the individual is impossible 
        or would involve extreme hardship to the individual, or if 
        enforcement of such obligation with respect to the individual 
        would be contrary to the best interests of the Government.
    (i) Definitions.--In this section the following definitions apply:
            (1) Cost of attendance.--The term ``cost of attendance'' 
        has the meaning given that term in section 472 of the Higher 
        Education Act of 1965 (20 U.S.C. 1087ll).
            (2) Program.--The term ``Program'' means the Department of 
        Energy Science and Technology Scholarship Program established 
        under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for activities under this section--
            (1) for fiscal year 2004, $800,000;
            (2) for fiscal year 2005, $1,600,000;
            (3) for fiscal year 2006, $2,000,000;
            (4) for fiscal year 2007, $2,000,000; and
            (5) for fiscal year 2008, $2,000,000.

SEC. 183. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.

    Not later than 12 months after the date of enactment of this Act, 
and biennially thereafter, the Secretary shall transmit to Congress a 
report on the equal employment opportunity practices at National 
Laboratories. Such report shall include--
            (1) a thorough review of each laboratory contractor's equal 
        employment opportunity policies, including promotion to 
        management and professional positions and pay raises;
            (2) a statistical report on complaints and their 
        disposition in the laboratories;
            (3) a description of how equal employment opportunity 
        practices at the laboratories are treated in the contract and 
        in calculating award fees for each contractor;
            (4) a summary of disciplinary actions and their disposition 
        by either the Department or the relevant contractors for each 
        laboratory;
            (5) a summary of outreach efforts to attract women and 
        minorities to the laboratories;
            (6) a summary of efforts to retain women and minorities in 
        the laboratories; and
            (7) a summary of collaboration efforts with the Office of 
        Federal Contract Compliance Programs to improve equal 
        employment opportunity practices at the laboratories.

SEC. 184. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    (a) Small Business Advocate.--The Secretary shall require the 
Director of each National Laboratory, and may require the Director of a 
single-purpose research facility, to designate a small business 
advocate to--
            (1) increase the participation of small business concerns, 
        including socially and economically disadvantaged small 
        business concerns, in procurement, collaborative research, 
        technology licensing, and technology transfer activities 
        conducted by the National Laboratory or single-purpose research 
        facility;
            (2) report to the Director of the National Laboratory or 
        single-purpose research facility on the actual participation of 
        small business concerns, including socially and economically 
        disadvantaged small business concerns, in procurement, 
        collaborative research, technology licensing, and technology 
        transfer activities along with recommendations, if appropriate, 
        on how to improve participation;
            (3) make available to small businesses training, mentoring, 
        and information on how to participate in procurement and 
        collaborative research activities;
            (4) increase the awareness inside the National Laboratory 
        or single-purpose research facility of the capabilities and 
        opportunities presented by small business concerns; and
            (5) establish guidelines for the program under subsection 
        (b) and report on the effectiveness of such program to the 
        Director of the National Laboratory or single-purpose research 
        facility.
    (b) Establishment of Small Business Assistance Program.--The 
Secretary shall require the Director of each National Laboratory, and 
may require the Director of a single-purpose research facility, to 
establish a program to provide small business concerns--
            (1) assistance directed at making them more effective and 
        efficient subcontractors or suppliers to the National 
        Laboratory or single-purpose research facility; or
            (2) general technical assistance, the cost of which shall 
        not exceed $10,000 per instance of assistance, to improve the 
        small business concerns' products or services.
    (c) Use of Funds.--None of the funds expended under subsection (b) 
may be used for direct grants to the small business concerns.
    (d) Definitions.--In this section:
            (1) Small business concern.--The term ``small business 
        concern'' has the meaning given such term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
            (2) Socially and economically disadvantaged small business 
        concerns.--The term ``socially and economically disadvantaged 
        small business concerns'' has the meaning given such term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for activities under this section 
$5,000,000 for each of fiscal years 2004 through 2008.

SEC. 185. REPORT ON MOBILITY OF SCIENTIFIC AND TECHNICAL PERSONNEL.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall transmit a report to Congress identifying any policies 
or procedures of a contractor operating a National Laboratory or 
single-purpose research facility that create disincentives to the 
temporary transfer of scientific and technical personnel among the 
contractor-operated National Laboratories or contractor-operated 
single-purpose research facilities and provide suggestions for 
improving interlaboratory exchange of scientific and technical 
personnel.

SEC. 186. NATIONAL ACADEMY OF SCIENCES REPORT.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall enter into an arrangement with the National Academy of 
Sciences for the Academy to--
            (1) conduct a study on--
                    (A) the obstacles to accelerating the commercial 
                application of energy technology; and
                    (B) the adequacy of Department policies and 
                procedures for, and oversight of, technology transfer-
                related disputes between contractors of the Department 
                and the private sector; and
            (2) transmit a report to Congress on recommendations 
        developed as a result of the study.

SEC. 187. OUTREACH.

    The Secretary shall ensure that each program authorized by this 
title includes an outreach component to provide information, as 
appropriate, to manufacturers, consumers, engineers, architects, 
builders, energy service companies, institutions of higher education, 
small businesses, facility planners and managers, State and local 
governments, and other entities.

SEC. 188. COMPETITIVE AWARD OF MANAGEMENT CONTRACTS.

    None of the funds authorized to be appropriated to the Secretary by 
this title may be used to award a management and operating contract for 
a nonmilitary energy laboratory of the Department unless such contract 
is competitively awarded 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 and shall submit to 
Congress a report notifying Congress of the waiver and setting forth 
the reasons for the waiver at least 60 days prior to the date of the 
award of such a contract.

SEC. 189. EDUCATIONAL PROGRAMS IN SCIENCE AND MATHEMATICS.

    (a) Activities.--Section 3165(a) of the Department of Energy 
Science Education Enhancement Act (42 U.S.C. 7381b(a)) is amended by 
adding at the end the following:
            ``(14) Support competitive events for students, under 
        supervision of teachers, designed to encourage student interest 
        and knowledge in science and mathematics.''.
    (b) Authorization of Appropriations.--Section 3169 of the 
Department of Energy Science Education Enhancement Act (42 U.S.C. 
7381e), as so redesignated by section 1102(b), is amended by inserting 
before the period ``; and $40,000,000 for each of fiscal years 2004 
through 2008''.
                                 <all>